UTILITIES CODE
CHAPTER 56. TELECOMMUNICATIONS ASSISTANCE AND UNIVERSAL SERVICE
FUND
SUBCHAPTER A. GENERAL PROVISIONS
§ 56.001. DEFINITIONS. In this chapter:
(1) "Department" means the Texas Department of Human
Services.
(2) "Designated provider" means a telecommunications
provider designated by the commission to provide services to an
uncertificated area under Subchapter F.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 2001, 77th Leg., ch. 651, § 1, eff. Sept. 1, 2001.
§ 56.002. CONFLICT OF PROVISIONS. If this chapter
conflicts with another provision of this title, this chapter
prevails.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
SUBCHAPTER B. UNIVERSAL SERVICE FUND
§ 56.021. UNIVERSAL SERVICE FUND ESTABLISHED. The
commission shall adopt and enforce rules requiring local exchange
companies to establish a universal service fund to:
(1) assist telecommunications providers in providing
basic local telecommunications service at reasonable rates in high
cost rural areas;
(2) reimburse the telecommunications carrier that
provides the statewide telecommunications relay access service
under Subchapter D;
(3) finance the specialized telecommunications
assistance program established under Subchapter E;
(4) reimburse the department, the Texas Commission for
the Deaf and Hard of Hearing, and the commission for costs incurred
in implementing this chapter and Chapter 57;
(5) reimburse a telecommunications carrier providing
lifeline service as provided by 47 C.F.R. Part 54, Subpart E, as
amended;
(6) finance the implementation and administration of
an integrated eligibility process created under Section 17.007 for
customer service discounts relating to telecommunications
services, including outreach expenses the commission determines
are reasonable and necessary;
(7) reimburse a designated provider under Subchapter
F; and
(8) reimburse a successor utility under Subchapter G.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, § 18.08(a), eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 835, § 2, eff. Sept. 1, 1999; Acts
1999, 76th Leg., ch. 1212, § 23, eff. Sept. 1, 1999; Acts 1999,
76th Leg., ch. 1553, § 1, eff. Sept. 1, 1999; Acts 2001, 77th
Leg., ch. 651, § 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch.
1451, § 2, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 76, §
5, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, § 17.001,
eff. Sept. 1, 2003.
§ 56.022. UNIFORM CHARGE. (a) The universal service
fund is funded by a statewide uniform charge payable by each
telecommunications provider that has access to the customer base.
(b) A telecommunications provider shall pay the charge in
accordance with procedures approved by the commission.
(c) The uniform charge is on services and at rates the
commission determines. In establishing the charge and the services
to which the charge will apply, the commission may not:
(1) grant an unreasonable preference or advantage to a
telecommunications provider;
(2) assess the charge on pay telephone service; or
(3) subject a telecommunications provider to
unreasonable prejudice or disadvantage.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 2001, 77th Leg., ch. 404, § 1, eff. Sept. 1, 2001.
§ 56.023. COMMISSION POWERS AND DUTIES. (a) The
commission shall:
(1) in a manner that assures reasonable rates for
basic local telecommunications service, adopt eligibility criteria
and review procedures, including a method for administrative
review, the commission finds necessary to fund the universal
service fund and make distributions from that fund;
(2) determine which telecommunications providers meet
the eligibility criteria;
(3) determine the amount of and approve a procedure
for reimbursement to telecommunications providers of revenue lost
in providing tel-assistance service under Subchapter C;
(4) establish and collect fees from the universal
service fund necessary to recover the costs the department and the
commission incur in administering this chapter and Chapter 57; and
(5) approve procedures for the collection and
disbursal of the revenue of the universal service fund.
(b) The eligibility criteria must require that a
telecommunications provider, in compliance with the commission's
quality of service requirements:
(1) offer service to each consumer within the
company's certificated area and to any permanent residential or
business premises to which the company is designated to provide
services under Subchapter F; and
(2) render continuous and adequate service within the
company's certificated area and to any permanent residential or
business premises to which the company is designated to provide
services under Subchapter F.
(c) A company designated under Subchapter F to provide
services to permanent residential or business premises within an
uncertificated area and that complies with Subsection (b) shall
receive universal service fund distributions to assist the provider
in providing those services. In addition, the commission shall
designate the provider as an eligible telecommunications carrier
under 47 U.S.C. Section 214(e)(2), as amended, for those permanent
residential or business premises.
(d) The commission shall adopt rules for the administration
of the universal service fund and this chapter and may act as
necessary and convenient to administer the fund and this chapter.
(e) A successor utility, as that term is defined by Section
54.301, that is or becomes an eligible telecommunications carrier
under 47 U.S.C. Section 214(e)(2), as amended, is entitled to
receive universal service fund distributions for costs in
accordance with Subchapter G.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 1212, § 24, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 651, § 3, eff. Sept. 1, 2001; Acts 2003,
78th Leg., ch. 76, § 6, eff. Sept. 1, 2003.
§ 56.024. REPORTS; CONFIDENTIALITY. (a) The
commission may require a telecommunications provider to provide a
report or information necessary to assess contributions and
disbursements to the universal service fund.
(b) A report or information is confidential and not subject
to disclosure under Chapter 552, Government Code.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 1212, § 24, eff. Sept. 1, 1999.
§ 56.025. MAINTENANCE OF RATES AND EXPANSION OF FUND FOR
CERTAIN COMPANIES. (a) In addition to the authority provided by
Section 56.021, for each local exchange company that serves fewer
than five million access lines, the commission:
(1) may adopt a mechanism necessary to maintain
reasonable rates for local exchange telephone service; and
(2) shall adopt rules to expand the universal service
fund in the circumstances prescribed by this section.
(b) The commission shall implement a mechanism through the
universal service fund to replace the reasonably projected
reduction in high cost assistance revenue caused by a commission
order, rule, or policy. This subsection does not apply to an order
entered in a proceeding related to an individual company's revenue
requirements.
(c) The commission shall implement a mechanism to replace
the reasonably projected change in revenue caused by a Federal
Communications Commission order, rule, or policy that changes:
(1) the federal universal service fund revenue of a
local exchange company; or
(2) costs or revenue assigned to the intrastate
jurisdiction.
(d) The commission shall implement a mechanism to replace
the reasonably projected reduction in contribution caused by a
change of commission policy regarding intraLATA "1-plus" dialing
access. In this subsection, "contribution" means the average
intraLATA long distance message telecommunications service revenue
per minute, including intraLATA toll pooling and associated
impacts, less the average message telecommunications service cost
per minute less the average contribution from switched access
multiplied by the projected change in intraLATA "1-plus" minutes of
use.
(e) The commission shall implement a mechanism to replace
the reasonably projected increase in costs or decrease in revenue
of the intrastate jurisdiction caused by another governmental
agency's order, rule, or policy.
(f) A mechanism implemented under Subsection (c), (d), or
(e) must be through:
(1) an increase in rates, if the increase would not
adversely affect universal service; or
(2) the universal service fund.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 56.026. UNIVERSAL SERVICE FUND DISBURSEMENTS. (a) A
revenue requirement showing is not required for a disbursement from
the universal service fund under this subchapter.
(b) The commission shall make each disbursement from the
universal service fund promptly and efficiently so that a
telecommunications provider does not experience an unnecessary
cash-flow change as a result of a change in governmental policy.
(c) Notwithstanding any other provision of this title, if an
electing company reduces rates in conjunction with receiving
disbursements from the universal service fund, the commission may
not reduce the amount of those disbursements, except that:
(1) if a local end user customer of the electing
company switches to another local service provider that serves the
customer entirely through the use of its own facilities and not
partially or solely through the use of unbundled network elements,
the electing company's disbursement may be reduced by the amount
attributable to that customer under Section 56.021(1); or
(2) if a local end user customer of the electing
company switches to another local service provider, and the new
local service provider serves the customer partially or solely
through the use of unbundled network elements provided by the
electing company, the electing company's disbursement attributable
to that customer under Section 56.021(1) may be reduced only if the
commission establishes an equitable allocation formula for the
disbursement.
(d) Any reductions in switched access service rates for
local exchange companies with more than 125,000 access lines in
service in this state on December 31, 1998, that are made in
accordance with this section shall be proportional, based on
equivalent minutes of use, to reductions in intraLATA toll rates,
and those reductions shall be offset by equal disbursements from
the universal service fund under Section 56.021(1). To the extent
that the disbursements from the universal service fund under
Section 56.021(1) for small and rural local exchange companies are
used to decrease the implicit support in intraLATA toll and
switched access rates, the decrease shall be made in a
competitively neutral manner.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 1212, § 25, eff. Sept. 1, 1999.
§ 56.028. UNIVERSAL SERVICE FUND REIMBURSEMENT FOR
CERTAIN INTRALATA SERVICE. On request of an incumbent local
exchange company that is not an electing company under Chapters 58
and 59, the commission shall provide reimbursement through the
universal service fund for reduced rates for intraLATA
interexchange high capacity (1.544 Mbps) service for entities
described in Section 58.253(a). The amount of reimbursement shall
be the difference between the company's tariffed rate for that
service as of January 1, 1998, and the lowest rate offered for that
service by any local exchange company electing incentive regulation
under Chapter 58.
Added by Acts 1999, 76th Leg., ch. 1212, § 26, eff. Sept. 1,
1999.
SUBCHAPTER D. STATEWIDE TELECOMMUNICATIONS RELAY ACCESS SERVICE
§ 56.101. PURPOSE. The purpose of this subchapter is to
provide for the uniform and coordinated provision by one
telecommunications carrier of a statewide telecommunications relay
access service for persons with an impairment of hearing or speech.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 56.102. TELECOMMUNICATIONS RELAY ACCESS
SERVICE. (a) The commission shall adopt and enforce rules
establishing a statewide telecommunications relay access service
for the use of a person with an impairment of hearing or speech.
(b) The commission rules shall provide that the service
must:
(1) use specialized communications equipment, such as
a telecommunications device for the deaf, and operator
translations; and
(2) meet the criteria provided by Sections 56.103,
56.104, and 56.105.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 56.103. TELECOMMUNICATIONS RELAY ACCESS SERVICE
REQUIREMENTS. (a) The telecommunications relay access service
shall provide a person with an impairment of hearing or speech with
access to the telecommunications network in this state equivalent
to the access provided other customers.
(b) The service consists of:
(1) switching and transmission of the call;
(2) live or automated verbal and print translations of
communications between a person with an impairment of hearing or
speech who uses a telecommunications device for the deaf or a
similar automated device and a person who does not have such
equipment; and
(3) other service enhancements proposed by the carrier
and approved by the commission.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 56.104. TELECOMMUNICATIONS RELAY ACCESS SERVICE
CHARGES. (a) For a call made using the telecommunications relay
access service, the person calling or called:
(1) may not be charged for a call that originates and
terminates in the same local calling area; and
(2) shall pay one-half of the total charges
established by contract with the commission for intrastate
interexchange calls.
(b) Charges related to providing the service that, under
Subsection (a), are not charged to a person calling or called shall
be funded from the universal service fund, as specified by the
service provider's contract with the commission.
(c) A local exchange company may not impose an interexchange
carrier access charge on a call using the service that originates
and terminates in the same local calling area.
(d) A local exchange company shall provide billing and
collection services for the service at just and reasonable rates.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 56.105. TRIAL SERVICE COSTS AND DESIGN
INFORMATION. If the commission orders a local exchange company to
provide for a trial telecommunications relay access service for
persons with an impairment of hearing or speech, all pertinent
costs and design information from the trial must be made available
to the public.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 56.106. TELECOMMUNICATIONS RELAY ACCESS SERVICE
ASSESSMENTS. (a) The commission shall set appropriate
assessments for all telecommunications utilities to fund the
telecommunications relay access service.
(b) In setting an assessment, the commission shall
consider:
(1) the aggregate calling pattern of service users;
and
(2) any other factor the commission finds appropriate
and in the public interest.
(c) The commission shall:
(1) review the assessments annually; and
(2) adjust the assessments as appropriate.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 56.107. UNIVERSAL SERVICE FUND SURCHARGE. (a) A
telecommunications utility may recover the utility's universal
service fund assessment for the telecommunications relay access
service through a surcharge added to the utility customers' bills.
(b) The commission shall specify how each
telecommunications utility is to determine the amount of the
surcharge.
(c) If a telecommunications utility imposes the surcharge,
the bill shall list the surcharge as the "universal service fund
surcharge."
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 56.108. SELECTION OF TELECOMMUNICATIONS RELAY ACCESS
SERVICE CARRIER. (a) The commission shall select one
telecommunications carrier to provide the statewide
telecommunications relay access service.
(b) The commission shall make a written award of the
contract to the telecommunications carrier whose proposal is the
most advantageous to this state, considering:
(1) price;
(2) the interests of the community of persons with an
impairment of hearing or speech in having access to a high quality
and technologically advanced telecommunications system; and
(3) any other factor listed in the commission's
request for proposals.
(c) The commission shall consider each proposal in a manner
that does not disclose the contents of the proposal to a
telecommunications carrier making a competing proposal.
(d) The commission's evaluation of a telecommunications
carrier's proposal shall include the:
(1) charges for the service;
(2) service enhancements proposed by the carrier;
(3) technological sophistication of the network
proposed by the carrier; and
(4) date proposed for beginning the service.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 56.1085. SPECIAL FEATURES FOR RELAY ACCESS
SERVICE. (a) The commission may contract for a special feature
for the state's telecommunications relay access service if the
commission determines:
(1) the feature will benefit the communication of
persons with an impairment of hearing or speech;
(2) installation of the feature will be of benefit to
the state; and
(3) the feature will make the relay access service
available to a greater number of users.
(b) If the carrier selected to provide the
telecommunications relay access service under Section 56.108 is
unable to provide the special feature at the best value to the
state, the commission may make a written award of a contract for a
carrier to provide the special feature to the telecommunications
carrier whose proposal is most advantageous to the state,
considering:
(1) the factors provided by Section 56.108(b); and
(2) the past performance, demonstrated capability,
and experience of the carrier.
(c) The commission shall consider each proposal in a manner
that does not disclose the contents of the proposal to a
telecommunications carrier making a competing proposal.
(d) The commission's evaluation of a telecommunications
carrier's proposal shall include the considerations provided by
Section 56.108(d).
Added by Acts 1999, 76th Leg., ch. 1553, § 2, eff. Sept. 1, 1999.
§ 56.109. COMPENSATION OF CARRIER. (a) The
telecommunications carrier selected to provide the
telecommunications relay access service under Section 56.108 or the
carrier selected to provide a special feature for the
telecommunications relay access service under Section 56.1085
shall be compensated at rates and on terms provided by the carrier's
contract with the commission.
(b) The compensation may include:
(1) a return on the investment required to provide the
service; and
(2) compensation for unbillable or uncollectible
calls placed through the service.
(c) Compensation for unbillable or uncollectible calls is
subject to a reasonable limitation determined by the commission.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 1553, § 3, eff. Sept. 1, 1999.
§ 56.110. ADVISORY COMMITTEE. (a) An advisory
committee to assist the commission in administering this subchapter
is composed of the following persons appointed by the commission:
(1) two persons with disabilities that impair the
ability to effectively access the telephone network other than
disabilities described by Subdivisions (2)-(7);
(2) one deaf person recommended by the Texas Deaf
Caucus;
(3) one deaf person recommended by the Texas
Association of the Deaf;
(4) one person with a hearing impairment recommended
by Self-Help for the Hard of Hearing;
(5) one person with a hearing impairment recommended
by the American Association of Retired Persons;
(6) one deaf and blind person recommended by the Texas
Deaf/Blind Association;
(7) one person with a speech impairment and one person
with a speech and hearing impairment recommended by the Coalition
of Texans with Disabilities;
(8) two representatives of telecommunications
utilities, one representing a nonlocal exchange utility and one
representing a local exchange company, chosen from a list of
candidates provided by the Texas Telephone Association;
(9) two persons, at least one of whom is deaf, with
experience in providing relay services recommended by the Texas
Commission for the Deaf and Hard of Hearing; and
(10) two public members recommended by organizations
representing consumers of telecommunications services.
(b) Members of the advisory committee serve two-year terms.
A member whose term has expired shall continue to serve until a
qualified replacement is appointed.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, § 18.08(b), eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1553, § 4, eff. Sept. 1, 1999.
§ 56.111. ADVISORY COMMITTEE DUTIES. The advisory
committee shall:
(1) monitor the establishment, administration, and
promotion of the statewide telecommunications relay access
service;
(2) advise the commission in pursuing a service that
meets the needs of persons with an impairment of hearing or speech
in communicating with other telecommunications services users; and
(3) advise the commission and the Texas Commission for
the Deaf and Hard of Hearing, at the request of either commission,
regarding any issue related to the specialized telecommunications
assistance program established under Subchapter E, including:
(A) devices or services suitable to meet the
needs of persons with disabilities in communicating with other
users of telecommunications services; and
(B) oversight and administration of the program.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, § 18.08(c), eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1553, § 5, eff. Sept. 1, 1999.
§ 56.112. ADVISORY COMMITTEE SUPPORT AND
COSTS. (a) The commission shall provide to the advisory
committee:
(1) clerical and staff support; and
(2) a secretary to record committee meetings.
(b) The costs associated with the advisory committee shall
be reimbursed from the universal service fund.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, § 18.08(d), eff. Sept. 1, 1999.
§ 56.113. ADVISORY COMMITTEE COMPENSATION AND
EXPENSES. A member of the advisory committee serves without
compensation but is entitled to reimbursement at rates established
for state employees for travel and per diem incurred in the
performance of the member's official duties.
Added by Acts 2001, 77th Leg., ch. 1158, § 93, eff. Sept. 1,
2001.
SUBCHAPTER E. SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM
§ 56.151. SPECIALIZED TELECOMMUNICATIONS ASSISTANCE
PROGRAM. The commission and the Texas Commission for the Deaf and
Hard of Hearing by rule shall establish a specialized
telecommunications assistance program to provide financial
assistance to individuals with disabilities that impair the
individuals' ability to effectively access the telephone network to
assist the individuals with the purchase of basic specialized
equipment or services to provide the individuals with telephone
network access that is functionally equivalent to that enjoyed by
individuals without disabilities. The agencies may adopt joint
rules that identify devices and services eligible for vouchers
under the program.
Added by Acts 1999, 76th Leg., ch. 62, § 18.08(e), eff. Sept. 1,
1999. Amended by Acts 1999, 76th Leg., ch. 1553, § 7, eff. Sept.
1, 1999; Acts 2001, 77th Leg., ch. 424, § 1, eff. Sept. 1, 2001.
§ 56.152. ELIGIBILITY. The Texas Commission for the
Deaf and Hard of Hearing by rule shall prescribe eligibility
standards for individuals, including deaf individuals and
individuals who have an impairment of hearing or speech, to receive
an assistance voucher under the program. To be eligible, an
individual must be a resident of this state with a disability that
impairs the individual's ability to effectively access the
telephone network.
Added by Acts 1999, 76th Leg., ch. 62, § 18.08(e), eff. Sept. 1,
1999. Amended by Acts 1999, 76th Leg., ch. 1553, § 7, eff. Sept.
1, 1999; Acts 2001, 77th Leg., ch. 424, § 2, eff. Sept. 1, 2001.
§ 56.153. VOUCHERS. (a) The Texas Commission for the
Deaf and Hard of Hearing shall determine a reasonable price for a
basic specialized telecommunications device that permits, or basic
specialized services that permit, telephone network access and
distribute to each eligible applicant a voucher that guarantees
payment of that amount to a distributor of new specialized
telecommunications devices described by Section 56.151 or to a
provider of services described by that section. The Texas
Commission for the Deaf and Hard of Hearing may issue a voucher for
a service only if the service is less expensive than a device
eligible for a voucher under the program to meet the same need.
(b) A voucher must have the value printed on its face. The
individual exchanging a voucher for the purchase of a specialized
telecommunications device or service is responsible for payment of
the difference between the voucher's value and the price of the
device or service.
(c) The commission and the Texas Commission for the Deaf and
Hard of Hearing by rule shall provide that a distributor of devices
or a provider of services will receive not more than the full price
of the device or service if the recipient of a voucher exchanges the
voucher for a device or service that the distributor or provider
sells for less than the voucher's value.
(d) An individual who has exchanged a voucher for a
specialized telecommunications device is not eligible to receive
another voucher before the fifth anniversary of the date the
individual exchanged the previously issued voucher unless, before
that date, the recipient develops a need for a different type of
telecommunications device or service under the program because the
recipient's disability changes or the recipient acquires another
disability.
(e) Except as provided by rules adopted under this
subsection, an individual is not eligible for a voucher if the Texas
Commission for the Deaf and Hard of Hearing has issued a voucher for
a device or service to another individual with the same type of
disability in the individual's household. The Texas Commission for
the Deaf and Hard of Hearing by rule may provide for financially
independent individuals who reside in a congregate setting to be
eligible for a voucher regardless of whether another individual
living in that setting has received a voucher.
(f) The Texas Commission for the Deaf and Hard of Hearing
shall
determine eligibility of each person who files an
application for a voucher and issue
each eligible applicant an appropriate voucher.
(g) The Texas Commission for the Deaf and Hard of Hearing
shall maintain a record regarding each individual who receives a
voucher under the program.
(h) The Texas Commission for the Deaf and Hard of Hearing
shall deposit money collected under the program to the credit of the
universal service fund.
Acts 1999, 76th Leg., ch. 62, § 18.08(e), eff. Sept. 1, 1999.
Amended by Acts 1999, 76th Leg., ch. 1553, § 7, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 424, § 3, eff. Sept. 1, 2001.
§ 56.154. COMMISSION DUTIES. (a) Not later than the
45th day after the date the commission receives a voucher a
telecommunications device distributor presents for payment or a
voucher a telecommunications service provider presents for
payment, the commission shall pay to the distributor or service
provider the lesser of the value of a voucher properly exchanged for
a specialized telecommunications device or service or the full
price of the device or service for which a voucher recipient
exchanges the voucher. The payments must be made from the universal
service fund.
(b) The commission may investigate whether the presentation
of a voucher for payment represents a valid transaction for a
telecommunications device or service under the program. The Texas
Commission for the Deaf and Hard of Hearing shall cooperate with and
assist the commission in an investigation under this subsection.
(c) Notwithstanding Section 56.153(a), the commission may:
(1) delay payment of a voucher to a distributor of
devices or a service provider if there is a dispute regarding the
amount or propriety of the payment or whether the device or service
is appropriate or adequate to meet the needs of the person to whom
the Texas Commission for the Deaf and Hard of Hearing issued the
voucher until the dispute is resolved;
(2) provide that payment of the voucher is conditioned
on the return of the payment if the device is returned to the
distributor or if the service is not used by the person to whom the
voucher was issued; and
(3) provide an alternative dispute resolution process
for resolving a dispute regarding a subject described by
Subdivision (1) or (2).
Added by Acts 1999, 76th Leg., ch. 62, § 18.08(e), eff. Sept. 1,
1999. Amended by Acts 1999, 76th Leg., ch. 1553, § 7, eff. Sept.
1, 1999.
§ 56.155. RECOVERY OF SPECIALIZED TELECOMMUNICATIONS
DEVICE ASSISTANCE PROGRAM SURCHARGE. (a) The commission shall
allow a telecommunications utility to recover the universal service
fund assessment related to the specialized telecommunications
assistance program through a surcharge added to the utility's
customers' bills.
(b) The commission shall specify how each utility must
determine the amount of the surcharge and by rule shall prohibit a
utility from recovering an aggregation of more than 12 months of
assessments in a single surcharge. The rules must require a utility
to apply for approval of a surcharge before the 91st day after the
date the period during which the aggregated surcharges were
assessed closes.
(c) If a utility chooses to impose the surcharge, the
utility shall include the surcharge in the "universal service fund
surcharge" listing as provided by Section 56.107.
Added by Acts 1999, 76th Leg., ch. 62, § 18.08(e), eff. Sept. 1,
1999. Amended by Acts 1999, 76th Leg., ch. 1553, § 8, eff. Sept.
1, 1999.
§ 56.156. PROMOTION OF PROGRAM. The Texas Commission
for the Deaf and Hard of Hearing may promote the program established
under this subchapter by means of participation in events,
advertisements, pamphlets, brochures, forms, pins, or other
promotional items or efforts that provide contact information for
persons interested in applying for a voucher under the program.
Added by Acts 2001, 77th Leg., ch. 424, § 4, eff. Sept. 1, 2001.
SUBCHAPTER F. SERVICE TO UNCERTIFICATED AREA
§ 56.201. DEFINITION. In this subchapter, "permanent
residential or business premises" means a premises that has
permanent facilities for water, wastewater, and electricity.
Added by Acts 2001, 77th Leg., ch. 651, § 4, eff. Sept. 1, 2001.
§ 56.202. DESIGNATION OF
PROVIDER. (a) Notwithstanding Section 54.001, the commission may
designate a telecommunications provider under this section to
provide voice-grade services to permanent residential or business
premises that are not included within the certificated area of a
holder of a certificate of convenience and necessity.
(b) The commission may designate a provider only if the
provider is otherwise eligible to receive universal service funds
under Section 56.023(b).
Added by Acts 2001, 77th Leg., ch. 651, § 4, eff. Sept. 1, 2001.
§ 56.203. PETITION FOR SERVICE. Persons residing in
permanent residential premises or owners of permanent residential
or business premises that are not included within the certificated
area of a holder of a certificate of convenience and necessity may
petition the commission to designate a telecommunications provider
to provide to those premises voice-grade services supported by
state and federal universal service support mechanisms.
Added by Acts 2001, 77th Leg., ch. 651, § 4, eff. Sept. 1, 2001.
§ 56.204. CONTENTS OF PETITION. (a) A petition for
designation of a service provider must:
(1) state with reasonable particularity the locations
of the permanent residential or business premises for which the
petitioners are requesting service;
(2) establish that those locations are within
reasonable proximity to one another so that the petitioners possess
a sufficient community of interest to warrant the designation of a
provider and the expenditure of universal service funds necessary
to establish service;
(3) except as provided by Subsection (b), be signed by
at least five persons who:
(A) are not members of the same household;
(B) reside in the permanent residential premises
or are the owners of the permanent residential or business premises
for which service is sought and that are not located within a
certificated area;
(C) want service to those premises; and
(D) commit to pay the aid to construction charges
for service to those premises as determined by the commission;
(4) nominate as potential providers of service not
more than five telecommunications providers serving territory that
is contiguous to the location of the permanent residential or
business premises using wireless or wireline facilities, resale, or
unbundled network elements; and
(5) include as an attachment or an appendix
documentation indicating the required residence or ownership,
including a state-issued license or identification, tax records,
deeds, or voter registration materials.
(b) The commission may accept a petition that is signed by
fewer than five persons if a petitioner provides an affidavit
stating that the petitioners have taken all reasonable steps to
secure the signatures of the residents of permanent residential
premises or the owners of permanent residential or business
premises within reasonably close proximity to the petitioning
premises who are not receiving telephone service when the petition
is filed and who want telephone service initiated.
Added by Acts 2001, 77th Leg., ch. 651, § 4, eff. Sept. 1, 2001.
§ 56.205. HEARING. If the commission finds that the
petition complies with Section 56.204, the commission shall hold an
evidentiary hearing to determine if a telecommunications provider
is willing to be designated to provide service to those premises or,
if a provider is not willing to be designated, to determine the
telecommunications provider that is best able to serve those
premises under the criteria prescribed by this subchapter.
Added by Acts 2001, 77th Leg., ch. 651, § 4, eff. Sept. 1, 2001.
§ 56.206. DENIAL OF PETITION. The commission shall deny
a petition if the commission determines that services cannot be
extended to the petitioning premises at a reasonable cost. In
making that determination, the commission shall consider all
relevant factors, including:
(1) the original cost to be incurred by a designated
provider to deploy service to the petitioning premises, and the
effect of reimbursement of those costs on the state universal
service fund;
(2) the number of access lines requested by the
petitioners for the petitioning premises;
(3) the size of the geographic territory in which the
petitioning premises are included;
(4) the proximity of existing facilities and the
existence of a preferred designated provider under Section 56.213;
and
(5) any technical barriers to the provision of
service.
Added by Acts 2001, 77th Leg., ch. 651, § 4, eff. Sept. 1, 2001.
§ 56.207. ORDER. In any order granting a petition, the
commission shall:
(1) approve the facilities to be deployed based on the
estimated costs of deployment submitted in accordance with Section
56.208(a);
(2) approve the amount of original cost of deployment
to be recovered from the state universal service fund and the terms
of original cost recovery under Section 56.209; and
(3) approve the recurring cost recovery under Section
56.209, including the monthly rate for services and the monthly per
line fee to be recovered from the state universal service fund under
that section.
Added by Acts 2001, 77th Leg., ch. 651, § 4, eff. Sept. 1, 2001.
§ 56.208. DESIGNATION OF PROVIDER. (a) In determining
which nominated telecommunications provider the commission will
designate to provide service to the petitioning premises, the
commission shall consider the relative estimated cost to be
incurred by contiguous providers to serve the petitioning premises
and give preference to the provider having the least cost
technology that meets the quality of service standards prescribed
by the commission applicable to that provider.
(b) The commission may not designate a telecommunications
provider to serve the petitioning premises unless the premises are
located in an area that is contiguous to an area in which the
telecommunications provider has previously been designated
eligible to receive universal service funding under Section
56.023(b). This subsection does not apply if the commission
designates the provider after the provider voluntarily agrees to
provide service to the petitioning premises.
Added by Acts 2001, 77th Leg., ch. 651, § 4, eff. Sept. 1, 2001.
§ 56.209. RECOVERY OF COSTS. (a) If, after a hearing,
the commission designates a telecommunications provider to serve
the petitioning premises, the commission shall permit the
designated provider to recover from the state universal service
fund the provider's actual costs of providing service to the
premises, including the provider's original cost of deployment and
actual recurring costs.
(b) The reimbursable original cost of deploying facilities
to the petitioning premises is the original cost of the
telecommunications provider's facilities installed in, or upgraded
to permit the provision of service to, the petitioning premises as
determined by the financial accounting standards applicable to the
provider, including an amount for the recovery of all costs that are
typically included as capital costs for accounting purposes, that
are not recovered through an aid to construction charge assessed to
the petitioners. The final order permitting or requiring the
designated provider to provide service to the petitioning premises
shall ensure that all the original cost of the provider shall be
amortized and recovered from the state universal service fund,
together with interest at the prevailing commercial lending rate:
(1) not later than the third anniversary of the date of
the order, for a deployment with an original cost of $1 million or
less;
(2) not later than the fifth anniversary of the date of
the order, for a deployment with an original cost of more than $1
million, but not more than $2 million; and
(3) not later than the seventh anniversary of the date
of the order, for a deployment with an original cost of more than $2
million.
(c) The designated provider shall recover the provider's
actual recurring costs of service, including maintenance and the
ongoing operational costs of providing service after deployment of
the facilities to the petitioning premises and a reasonable
operating margin, from:
(1) the monthly rate charged the customer; and
(2) a monthly per line state universal service fund
payment in an amount equal to the unrecovered recurring costs
incurred in providing service divided by the access lines served in
the petitioning premises.
(d) The monthly per line fee established under Subsection
(c) is in addition to the universal service funds associated with
the recovery of the original cost of deployment and interest
authorized by Subsection (b) and in addition to the universal
service funds the designated provider receives to provide service
in other areas of this state.
(e) The commission may not authorize or require any services
to be provided to petitioning premises under this subchapter during
a fiscal year if the total amount of required reimbursements of
actual original cost of deployment to all approved petitioning
premises under this section, together with interest, including
obligations for reimbursements from preceding years, would equal an
amount that exceeds 0.02 percent of the annual gross revenues
reported to the state universal service fund during the preceding
fiscal year.
Added by Acts 2001, 77th Leg., ch. 651, § 4, eff. Sept. 1, 2001.
§ 56.210. AID TO CONSTRUCTION CHARGE; CONTRACT FOR
SERVICES. The commission shall establish a reasonable aid to
construction charge, not to exceed $3,000, to be assessed each
petitioner. The commission may not require a designated provider
to begin construction until:
(1) each petitioner has paid or executed an agreement
acceptable to the provider to pay the aid to construction charge;
and
(2) each petitioner has executed an assignable
agreement for subscription to basic local service to the
petitioning premises from the designated provider for a period at
least equal to the period during which the provider will receive
reimbursement for the original cost of deployment under Section
56.209(b).
Added by Acts 2001, 77th Leg., ch. 651, § 4, eff. Sept. 1, 2001.
§ 56.211. PERMANENT PREMISES REQUIRED. A
telecommunications provider may not under any circumstances be
required to extend service to a location that is not a permanent
residential or business premises or be required to provide service
to the petitioning premises before the 180th day after the date the
provider was designated to provide service to the petitioning
premises.
Added by Acts 2001, 77th Leg., ch. 651, § 4, eff. Sept. 1, 2001.
§ 56.212. SUBSEQUENT RELATED PETITIONS. (a) If the
commission approves a petition requesting service, residents of
permanent residential premises or owners of permanent residential
or business premises in reasonable proximity to the premises that
were the subject of an approved petition who did not sign the prior
petition requesting service are not entitled to receive service
under this subchapter until the fifth anniversary of the date the
prior petition was filed unless the residents or owners file a new
petition under this subchapter and agree to pay aid to construction
charges on the same terms as applicable to the prior petitioners.
(b) The designated provider shall receive reimbursement for
the original cost of deployment and actual recurring costs of
providing service to those additional residents in the same manner
as the provider received reimbursement of those costs in relation
to the prior petitioners. The provider may not receive
reimbursement for the original cost of deployment under a
subsequent petition if the provider previously received complete
reimbursement for those costs from the state universal service
fund. If the state universal service fund has completely
reimbursed the original cost of deployment as provided by this
subchapter, each subsequent petitioner must pay into the state
universal service fund an amount equal to the aid to construction
charge paid by each prior petitioner.
Added by Acts 2001, 77th Leg., ch. 651, § 4, eff. Sept. 1, 2001.
§ 56.213. PREFERRED PROVIDER. (a) A provider who is
designated to serve petitioning premises located within an
uncertificated area under this subchapter is the preferred provider
for any permanent residential or business premises in reasonable
proximity to those petitioning premises for later petitions filed
under Section 56.212.
(b) A preferred designated provider is entitled to an
opportunity for a hearing under Section 56.205 on a petition filed
under Section 56.203.
Added by Acts 2001, 77th Leg., ch. 651, § 4, eff. Sept. 1, 2001.
§ 56.214. CERTIFICATE NOT AMENDED. The designation of a
provider to serve permanent residential or business premises within
an uncertificated area under this subchapter does not have the
effect of:
(1) amending the boundaries of the provider's
certificate to provide local exchange service; or
(2) imposing carrier of last resort responsibilities
on the provider.
Added by Acts 2001, 77th Leg., ch. 651, § 4, eff. Sept. 1, 2001.
SUBCHAPTER G. FUNDING FOR CERTAIN TELECOMMUNICATIONS UTILITIES
§ 56.251. DEFINITION. In this subchapter, "successor
utility" has the meaning assigned by Section 54.301.
Added by Acts 2003, 78th Leg., ch. 76, § 7, eff. Sept. 1, 2003.
§ 56.252. TELECOMMUNICATIONS UTILITIES ELIGIBLE TO
RECEIVE FUNDING UNDER THIS SUBCHAPTER. A telecommunications
utility may receive funding under this subchapter only if:
(1) the telecommunications utility is eligible to
receive universal service funding under Section 56.023(b); and
(2) the telecommunications utility is designated as a
successor utility under Section 54.303.
Added by Acts 2003, 78th Leg., ch. 76, § 7, eff. Sept. 1, 2003.
§ 56.253. DETERMINATION OF SUCCESSOR UTILITY'S COSTS TO
BE RECOVERED. (a) At the time the commission designates the
successor utility under Section 54.303, the commission shall
determine the extent to which the utility should recover the costs
the utility will incur in accepting and establishing service to the
affected service area.
(b) In making the determination under Subsection (a), the
commission shall consider relevant information, including the
costs of acquiring and restoring or upgrading the utility's
facilities in the geographic area as necessary to make those
facilities compatible with the facilities in the utility's other
certificated service areas and to comply with commission quality of
service standards.
Added by Acts 2003, 78th Leg., ch. 76, § 7, eff. Sept. 1, 2003.
§ 56.254. RECOVERY OF COSTS. The commission order
designating the successor utility under Section 54.303 shall
authorize the utility to recover the costs determined under Section
56.253. The costs may be amortized and recovered from the state
universal service fund, together with interest at the prevailing
commercial lending rate:
(1) not later than the first anniversary of the date of
the order if the costs are not more than $1 million;
(2) not later than the second anniversary of the date
of the order if the costs are more than $1 million but no more than
$2 million; and
(3) not later than the third anniversary of the date of
the order if the costs are more than $2 million.
Added by Acts 2003, 78th Leg., ch. 76, § 7, eff. Sept. 1, 2003.
