Texas Utilities Code - Section 54.303. Successor Telecommunications Utility When No Sufficient Facilities Exist
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§ 54.303. SUCCESSOR TELECOMMUNICATIONS UTILITY WHEN NO
SUFFICIENT FACILITIES EXIST. (a) When the commission obtains
notice as required under Section 54.253 or otherwise that a utility
intends to become an exiting utility and no other
telecommunications utility has facilities sufficient to provide
basic local telecommunications service in that defined geographic
area, the commission shall open a contested case proceeding to
determine:
(1) the identity of the successor utility under this
section; and
(2) the amount of universal service funding under
Subchapter G, Chapter 56, to be made available to the successor
utility.
(b) On designation as the successor utility under this
section, the commission, if applicable, shall provide to the
successor utility:
(1) a reasonable time, in accordance with industry
practices and not subject to otherwise applicable commission
service quality rules or standards, to modify, construct, or obtain
facilities necessary to serve the customers of the exiting
telecommunications utility; and
(2) an exemption on a transitional basis from any
obligation to unbundle the utility's network elements or to provide
service for resale within that defined geographic area for nine
months or another reasonable period the commission may authorize as
necessary to modify the utility's network to provide that
unbundling or resale.
(c) A customer within the defined geographic area to be
served by the successor utility is considered to have applied for
service from the successor utility on the effective date of that
designation by the commission. Each right, privilege, and
obligation of being a customer of the successor utility applies to
that customer and the customer is subject to the successor
utility's applicable terms of service as specified in an applicable
tariff or contract.
Added by Acts 2003, 78th Leg., ch. 76, § 4, eff. Sept. 1, 2003.
Section: 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 55.005
Last modified: August 10, 2007
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