| (B) For each exchange that is served by an ILEC ETP
that has filed a petition in accordance with subsection (f)(1) of
this section and which is not included in the petition, the commission
will reduce the monthly per-line support amount to zero.
(2) Exchanges in which the ILEC ETP has a financial
need for continued support. For each exchange that is served by an
ILEC ETP that has filed a petition in accordance with subsection (f)(1)
of this section and for which the commission has determined the ILEC
ETP has a financial need for continued support, the commission will
set a monthly per-line support amount according to the following criteria.
(A) The initial monthly per-line support amounts for
each exchange must be equal to:
(i) the amount that the ILEC ETP was eligible to receive
on December 31, 2023 for an ILEC ETP that receives support from the
THCUSP;
(ii) the amount that the ILEC ETP was eligible to receive
on December 31, 2024 for an ILEC ETP that receives support from the
SRILEC USP and that has not filed a request in accordance with subsection
(g) of this section; or
(iii) the new monthly per-line support amounts calculated
in accordance with subsection (g) of this section for an ILEC ETP
that has filed a request in accordance with subsection (g) of this
section.
(B) Initial monthly per-line support amounts for each
exchange must be reduced by the extent to which the disbursements
received by an ILEC ETP from the THCUSP or SRILEC USP in the twelve
month period ending with the most recently completed calendar quarter
prior to the filing of a petition in accordance with subsection (f)(1)
of this section are greater than 80% of the total amount of expenses
reflected in the summary of expenses filed in accordance with subsection
(f)(1)(C) of this section. In establishing any reductions to the initial
monthly per-line support amounts, the commission may consider any
appropriate factor, including the residential line density per square
mile of any affected exchanges.
(C) For each exchange with service supported by the
THCUSP, monthly per-line support must not exceed:
(i) the monthly per-line support that the ILEC ETP
is eligible to receive on December 31, 2023, if the petition is filed
before January 1, 2024;
(ii) 75 percent of the monthly per-line support that
the ILEC ETP is eligible to receive on December 31, 2023, if the petition
is filed on or after January 1, 2024, and before January 1, 2025;
(iii) 50 percent of the monthly per-line support the
ILEC ETP is eligible to receive on December 31, 2023, if the petition
is filed on or after January 1, 2025, and before January 1, 2026;
(iv) 25 percent of the monthly per-line support that
the ILEC ETP is eligible to receive on December 31, 2023, if the petition
is filed on or after January 1, 2026, and before January 1, 2027;
or
(v) zero percent of the monthly per-line support that
the ILEC ETP is eligible to receive on December 31, 2023, if the petition
is filed on or after January 1, 2027, and before January 1, 2028.
(D) For each exchange with service supported by the
SRILEC USP, monthly per-line support must not exceed:
(i) the monthly per-line support that the ILEC ETP
is eligible to receive on December 31, 2024, if the petition is filed
before January 1, 2025;
(ii) 75 percent of the monthly per-line support that
the ILEC ETP is eligible to receive on December 31, 2024, if the petition
is filed on or after January 1, 2025, and before January 1, 2026;
(iii) 50 percent of the monthly per-line support the
ILEC ETP is eligible to receive on December 31, 2024, if the petition
is filed on or after January 1, 2026, and before January 1, 2027;
(iv) 25 percent of the monthly per-line support that
the ILEC ETP is eligible to receive on December 31, 2024, if the petition
is filed on or after January 1, 2027, and before January 1, 2028;
or
(v) zero percent of the monthly per-line support that
the ILEC ETP is eligible to receive on December 31, 2023, if the petition
is filed on or after January 1, 2028, and before January 1, 2029.
(E) An ILEC ETP may only be awarded continued support
for the provision of service in exchanges with service that is eligible
for support from the THCUSP or SRILEC USP at the time of filing of
a petition in accordance with subsection (f)(1) of this section.
(F) Portability of support. The support amounts established
in accordance with this section are applicable to all ETPs and are
portable with the customer.
(f) Proceeding to Determine Financial Need and Amount
of Support.
(1) Petition to determine financial need. An ILEC ETP
that is subject to §26.403(f) or §26.404(g) of this title
may petition the commission to initiate a contested case proceeding
to demonstrate that it has a financial need for continued support
for the provision of basic local telecommunications service.
(A) An ILEC ETP that is subject to either §26.403(f)
or §26.404(g) of this title may only file one petition in accordance
with this subsection. A petition filed in accordance with this subsection
must include the information necessary to reach the determinations
specified in this subsection.
(B) An ILEC ETP filing a petition in accordance with
this subsection must provide notice as required by the presiding officer
in accordance with §22.55 of this title (relating to Notice in
Other Proceedings). At a minimum, notice must be published in the Texas Register.
(C) A petition filed in accordance with this subsection
must include a summary of the following total Texas regulated expenses
and property categories, including supporting workpapers, attributable
to the ILEC ETP's exchanges with service supported by the THCUSP or
SRILEC USP during the twelve month period ending with the most recently
completed calendar quarter prior to the filing of the petition:
(i) Plant-specific operations expense;
(ii) Plant non-specific operations expense;
(iii) Customer operations expense;
(iv) Corporate operations expense;
(v) Depreciation and amortization expenses;
(vi) Other operating expenses;
(vii) Total telecom plant in service;
(viii) Total property held for future use; and
(ix) Total telecom plant under construction.
(D) A summary filed in accordance with this subsection
must be filed publicly. Workpapers filed in accordance with this subsection
may be filed publicly or confidentially.
(E) Upon receipt of a petition in accordance with this
section, the commission will initiate a contested case proceeding
to determine whether the ILEC ETP has a financial need for continued
support under this section for the exchanges identified in the petition.
In the same proceeding, the commission will set a new monthly per-line
support amount for all exchanges served by the ILEC ETP.
(2) Issuance of final order on petition. The commission
will issue a final order in the proceeding not later than the 330th
day after the date the petition is filed with the commission. Until
the commission issues a final order on the proceeding, the ILEC ETP
must continue to receive the total amount of support it was eligible
to receive on the date the ILEC ETP filed a petition under this subsection.
(3) Effect of final order. An ILEC ETP is not subject
to §26.403(f) or §26.404(g) of this title after the commission
issues a final order on the petition.
(4) Burden of proof. The ILEC ETP filing a petition
in accordance with this subsection must bear the burden of proof with
respect to all issues that are in the scope of the proceeding.
(g) De-averaging of the support received by ILEC ETPs
from the SRILEC USP. On or before January 1, 2017, an ILEC ETP filing
a petition in accordance with subsection (f)(1) of this section and
that receives support from the SRILEC USP may include in its petition
a request that the commission determine for each exchange served by
the ILEC ETP new monthly per-line support amounts that the ILEC ETP
will be eligible to receive on December 31, 2017. The new monthly
per-line support amounts will be calculated using the following methodology.
(1) The commission will use per-line proxy support
levels based on the following ranges of average residential line density
per square mile within an individual exchange. These proxies are used
specifically for the purpose of de-averaging and do not indicate a
preference that support at these levels be provided from the SRILEC
USP.
Attached Graphic
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