Texas Utilities Code - Section 54.302. Provider Of Last Resort; Facilities-Based Providers
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§ 54.302. PROVIDER OF LAST RESORT; FACILITIES-BASED
PROVIDERS. (a) Notwithstanding any other provision of this title,
if a telecommunications utility installs facilities to serve
customers located in a defined geographic area to provide
telecommunications services, including basic local
telecommunications service, before the holder of the certificate of
convenience and necessity installs facilities to serve customers
located in that defined geographic area, the holder of the
certificate of convenience and necessity may petition the
commission for an order relieving the utility of the utility's
designation as the provider of last resort in that defined
geographic area.
(b) The commission shall relieve the holder of the
certificate of convenience and necessity of the obligations of
service as the provider of last resort for the defined geographic
area, and the commission shall designate the facilities-based
telecommunications utility as the provider of last resort if the
commission determines that:
(1) the holder of the certificate of convenience and
necessity does not have facilities in place to provide basic local
telecommunications service to all customers within that defined
geographic area;
(2) another certificated telecommunications utility
has installed facilities adequate to provide that service
throughout that area; and
(3) the public interest would be served by
transferring the provider of last resort obligations for that area.
(c) The commission shall complete proceedings necessary to
make the determinations prescribed by this section not later than
the 91st day after the date the petition is filed under Subsection
(a).
Added by Acts 2003, 78th Leg., ch. 76, § 4, eff. Sept. 1, 2003.
Section: 54.257 54.258 54.259 54.260 54.261 54.301 54.3015 54.302 54.303 54.304 54.305 55.001 55.002 55.003 55.004
Last modified: August 10, 2007
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