Texas Utilities Code - Section 54.103. Grant Or Denial Of Certificate
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Texas Laws > Utilities Code > Texas Utilities Code - Section 54.103. Grant Or Denial Of Certificate
Section: 54.008 54.051 54.052 54.053 54.054 54.101 54.102 54.103 54.104 54.105 54.151 54.152 54.153 54.154 54.155
§ 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
(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
(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.
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