| (V) show that the applicant renders continuous and
adequate service within the area or areas, for which it seeks designation
as an ETP, in compliance with the quality of service standards defined
in §§26.52, 26.53, and 26.54 of this title;
(VI) show that the applicant offers Lifeline and Link
Up services in compliance with §26.412 of this title;
(VII) show that the applicant advertises the availability
of and charges for designated services, as defined in §26.403
of this title, using media of general distribution;
(VIII) provide a statement detailing the method and
content of the notice the applicant has provided or intends to provide
to the public regarding the application and a brief statement explaining
why the notice proposal is reasonable and that the notice proposal
complies with applicable law;
(IX) provide a copy of the text of the notice;
(X) state the proposed effective date of the designation;
and
(XI) provide any other information which the applicant
wants considered in connection with the commission's review of its
application.
(ii) ILECs. If the applicant is an ILEC, in addition
to the requirements of clause (i) of this subparagraph, the application
must show compliance with the requirements of subsection (c)(2) of
this section.
(2) Commission processing of application.
(A) Administrative review. An application considered
under this section is eligible for administrative review unless the
telecommunications provider requests the application be docketed or
the presiding officer, for good cause, determines at any point during
the review that the application should be docketed.
(i) The effective date of the ETP designation must
be no earlier than 30 days after the filing date of the application
or 30 days after notice is completed, whichever is later.
(ii) The application will be reviewed for sufficiency.
If the presiding officer concludes that material deficiencies exist
in the application, the applicant will be notified within ten working
days of the filing date of the specific deficiency in its application.
The earliest possible effective date of the application will be no
less than 30 days after the filing of a sufficient application with
substantially complete information as required by the presiding officer.
Thereafter, any deadlines will be determined 30 days from the day
after the filing of the sufficient application and information or
from the effective date if the presiding officer extends that date.
(iii) While the application is under administrative
review, commission staff and OPUC may submit requests for information
to the applicant. Answers to such requests for information must be
provided to commission staff and OPUC within ten days after receipt
of the request by the applicant.
(iv) No later than 20 days after the filing date of
the application or the completion of notice, whichever is later, interested
persons may provide written comments or recommendations concerning
the application to the commission staff. Commission staff must and
OPUC may file with the presiding officer written comments or recommendations
regarding the application.
(v) No later than 35 days after the proposed effective
date of the application, the presiding officer will issue an order
approving, denying, or docketing the application.
(B) Approval or denial of application. The application
will be approved by the presiding officer if it meets the following
requirements.
(i) The provision of service constitutes basic local
telecommunications service as defined in §26.403 of this title.
(ii) Notice was provided as required by this section.
(iii) The applicant has met the requirements contained
in subsection (c) of this section.
(iv) The ETP designation is consistent with the public
interest in a technologically advanced telecommunications system and
consistent with the preservation of universal service.
(C) Docketing. If, based on the administrative review,
the presiding officer determines that one or more of the requirements
have not been met, the presiding officer will docket the application.
The requirements of subsection (c) of this section may not be waived.
(D) Review of the application after docketing. If the
application is docketed, the effective date of the application will
be automatically suspended to a date 120 days after the applicant
has filed all of its direct testimony and exhibits, or 155 days after
the proposed effective date, whichever is later. Answers to requests
for information must be filed with the commission within ten days
after receipt of the request. Affected persons may move to intervene
in the docket, and a hearing on the merits will be scheduled. A hearing
on the merits will be limited to issues of eligibility. The application
will be processed in accordance with the commission's rules applicable
to docketed cases.
(g) Relinquishment of ETP designation. A telecommunications
provider may seek to relinquish its ETP designation.
(1) Area served by more than one ETP. The commission
will permit a telecommunications provider to relinquish its ETP designation
in any area served by more than one ETP upon:
(A) written notification not less than 90 days prior
to the proposed effective date of the relinquishment;
(B) determination by the commission that the remaining
ETP or ETPs can provide basic local service to the relinquishing telecommunications
provider's customers; and
(C) determination by the commission that sufficient
notice of relinquishment has been provided to permit the purchase
or construction of adequate facilities by any remaining ETP or ETPs.
(2) Area where the relinquishing telecommunications
provider is the sole ETP. In areas where the relinquishing telecommunications
provider is the only ETP, the commission may permit it to relinquish
its ETP designation upon:
(A) written notification that the telecommunications
provider seeks to relinquish its ETP designation; and
(B) commission designation of a new ETP for the service
area or areas through the auction procedure provided in subsection
(h) of this section.
(3) Relinquishment for non-compliance. The TUSF administrator
must notify the commission when the TUSF administrator is aware that
an ETP is not in compliance with the requirements of subsection (c)
of this section.
(A) The commission will revoke the ETP designation
of any telecommunications provider determined not to be in compliance
with subsection (c) of this section.
(B) The commission may revoke a portion of the ETP
designation of any telecommunications provider determined not to be
in compliance with the quality of service standards defined in §§26.52,
26.53, and 26.54 of this title, in that portion of its ETP service
area.
(h) Auction procedure for replacing the sole ETP in
an area. In areas where a telecommunications provider is the sole
ETP and seeks to relinquish its ETP designation, the commission will
initiate an auction procedure to designate another ETP. The auction
procedure will use a competitive, sealed bid, single-round process
to select a telecommunications provider meeting the requirements of
subsection (f)(1) of this section that will provide basic local telecommunications
service at the lowest cost.
(1) Announcement of auction. Within 30 days of receiving
a request from the last ETP in a service area to relinquish its designation,
the commission will provide notice in the Texas Register of the auction.
The announcement must at minimum detail the geographic location of
the service area, the total number of access lines served, the forward-looking
economic cost computed in accordance with §26.403 of this title,
of providing basic local telecommunications service and the other
services included in the benchmark calculation, existing tariffed
rates, bidding deadlines, and bidding procedure.
(2) Bidding procedure. Bids must be received by the
TUSF administrator not later than 60 days from the date of publication
in the Texas Register.
(A) Every bid must contain:
(i) the level of assistance per line that the bidder
would need to provide all services supported by universal service
mechanisms;
(ii) information to substantiate that the bidder meets
the eligibility requirements in subsection (c)(1) of this section;
and
(iii) information to substantiate that the bidder has
the ability to serve the relinquishing ETP's customers.
(B) The TUSF administrator must collect all bids and
within 30 days of the close of the bidding period request that the
commission approve the TUSF administrator's selection of the successful
bidder.
(C) The commission may designate the lowest qualified
bidder as the ETP for the affected service area or areas.
(i) Requirements for annual affidavit of compliance
to receive TUSF support. An ETP serving a rural or non-rural study
area must comply with the following requirements for annual compliance
for the receipt of TUSF support.
(1) Annual Affidavit of Compliance. On or before September
1 of each year, an ETP that receives disbursements from the TUSF must
file with the commission an affidavit certifying that the ETP is in
compliance with the requirements for receiving money from the universal
service fund and requirements regarding the use of money from each
TUSF program from which the telecommunications provider receives disbursements.
(2) Filing Affidavit. The affidavit used must be the
annual compliance affidavit approved by the commission.
|
| Source Note: The provisions of this §26.417 adopted to be effective August 10, 1999, 24 TexReg 6035; amended to be effective May 24, 2000, 25 TexReg 4514; amended to be effective October 4, 2001, 26 TexReg 7530; amended to be effective March 7, 2002, 27 TexReg 1729; amended to be effective July 2, 2006, 31 TexReg 5283; amended to be effective November 19, 2006, 31 TexReg 9285; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524 |
