Court Opinions

State Laws

US Code

US Constitution

Texas Utilities Code - Section 54.103. Grant Or Denial Of Certificate

Legal Research Home > Texas Laws > Utilities Code > Texas Utilities Code - Section 54.103. Grant Or Denial Of Certificate

§ 54.103. GRANT OR DENIAL OF CERTIFICATE.  (a) The 
commission must grant or deny a certificate not later than the 60th 
day after the date the application for the certificate is filed.  
The commission may extend the deadline on good cause shown.
	(b)  The commission shall grant each certificate on a 
nondiscriminatory basis after considering factors such as:
		(1)  the technical and financial qualifications of the 
applicant;  and      
		(2)  the applicant's ability to meet the commission's 
quality of service requirements.
	(c)  In an exchange of an incumbent local exchange company 
that serves fewer than 31,000 access lines, in addition to the 
factors described by Subsection (b), the commission shall consider:
		(1)  the effect of granting the certificate on a public 
utility serving the area and on that utility's customers;
		(2)  the ability of that public utility to provide 
adequate service at reasonable rates;
		(3)  the effect of granting the certificate on the 
ability of that public utility to act as the provider of last 
resort;  and
		(4)  the ability of the exchange, not the company, to 
support more than one provider of service.
	(d)  Except as provided by Subsections (e) and (f), the 
commission may grant an application for a certificate only for an 
area or areas that are contiguous and reasonably compact and cover 
an area of at least 27 square miles.
	(e)  In an exchange in a county that has a population of less 
than 500,000 and that is served by an incumbent local exchange 
company that has more than 31,000 access lines, an area covering 
less than 27 square miles may be approved if the area is contiguous 
and reasonably compact and has at least 20,000 access lines.
	(f)  In an exchange of a company that serves fewer than 
31,000 access lines in this state, the commission may grant an 
application only for an area that has boundaries similar to the 
boundaries of the serving central office that is served by the 
incumbent local exchange company that holds the certificate of 
convenience and necessity for the area.
	(g)  Expired.                                                                  

Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.  Amended 
by Acts 1999, 76th Leg., ch. 1212, § 16, eff. Sept. 1, 1999.

Last modified: August 11, 2007