| (C) a rural ILEC may self-certify a disaggregation
targeted plan that meets the criteria in paragraphs (3) and (4) of
this subsection, disaggregate support to the wire center level or
up to no more than two cost zones, or mirror a plan for disaggregation
that has received prior commission approval; or
(D) if the rural ILEC serves a study area that is served
by another carrier designated as an ETC prior to the effective date
of 47 C.F.R. §54.315, (June 19, 2001), the ILEC may only self-certify
the disaggregation of its FUSF support by adopting a plan for disaggregation
that has received prior commission approval.
(2) Abstain from filing. If a rural ILEC abstains from
filing an election on or before May 15, 2002, the carrier is prohibited
from disaggregating its FUSF support unless it is ordered to do so
by the commission in accordance with the terms of paragraph (5) of
this subsection.
(3) Requirements for rural ILECs' disaggregation plans.
In accordance with federal requirements, a rural ILEC's disaggregation
plan, whether submitted in accordance with paragraph (1)(B), (C) or
(D) of this subsection, must meet the following requirements:
(A) the sum of the disaggregated annual support must
be equal to the study area's total annual FUSF support amount without
disaggregation;
(B) the ratio of the per line FUSF support between
disaggregation zones for each disaggregated category of FUSF support
must remain fixed over time, except as changes are required in accordance
with paragraph (5) of this subsection;
(C) the ratio of per line FUSF support must be publicly
available;
(D) the per line FUSF support amount for each disaggregated
zone or wire center must be recalculated whenever the rural ILEC's
total annual FUSF support amount changes and revised total per line
FUSF support and updated access line counts must then be applied using
the changed FUSF support amount and updated access line counts applicable
at that point;
(E) each support category complies with subparagraphs
(A) and (B) of this paragraph;
(F) monthly payments of FUSF support must be based
upon the annual amount of FUSF support divided by 12 months if the
rural ILEC's study area does not contain a competitive carrier designated
as an ETC; and
(G) a rural ILEC's disaggregation plan methodology
and the underlying access line count upon which it is based will apply
to any competitive carrier designated as an ETC in the study area.
(4) Additional requirements for self-certification
of a disaggregation plan. In accordance with federal requirements,
a rural ILEC's self-certified disaggregation plan must also include
the following items in addition to those items required by paragraph
(3) of this subsection:
(A) support for, and a description of, the rationale
used, including methods and data relied upon, as well as a discussion
of how the plan meets the requirements in paragraph (3) of this subsection
and this paragraph;
(B) a reasonable relationship between the cost of providing
service for each disaggregation zone within each disaggregation category
of support proposed;
(C) a clearly specified per-line level of FUSF support
for each category;
(D) if the plan uses a benchmark, a detailed explanation
of the benchmark and how it was determined that the benchmark is generally
consistent with how the level of support for each category of costs
was derived so that competitive ETCs may compare the disaggregated
costs for each cost zone proposed; and
(E) maps identifying the boundaries of the disaggregated
zones within the study area.
(5) Disaggregation upon commission order. The commission
on its own motion or upon the motion of an interested party may order
a rural ILEC to disaggregate FUSF support under the following criteria:
(A) the commission determines that the public interest
of the rural study area is best served by disaggregation of the rural
ILEC's FUSF support;
(B) the commission establishes the appropriate disaggregated
level of FUSF support for the rural ILEC; or
(C) changes in ownership or changes in state or federal
regulation warrant the commission's action.
(6) Effective dates of disaggregation plans. The effective
date of a rural ILEC's disaggregation plan must be as specified by
federal law.
|
| Source Note: The provisions of this §26.418 adopted to be effective August 10, 1999, 24 TexReg 6035; amended to be effective May 24, 2000, 25 TexReg 4514; amended to be effective April 9, 2002, 27 TexReg 2817; amended to be effective December 6, 2012, 37 TexReg 9634; amended to be effective April 7, 2014, 39 TexReg 2499; amended to be effective December 21, 2023, 48 TexReg 7524 |
