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Texas Utilities Code - Section 54.304. Abandonment Or Cessation By Facilities-Based Provider; Emergency Restoration

Legal Research Home > Texas Lawyer > Utilities Code > Texas Utilities Code - Section 54.304. Abandonment Or Cessation By Facilities-Based Provider; Emergency Restoration

§ 54.304. ABANDONMENT OR CESSATION BY FACILITIES-BASED 
PROVIDER;  EMERGENCY RESTORATION.  (a) The commission, on its own 
motion or on the petition of an interested party, may institute an 
expedited proceeding under this section if the commission finds 
that:
		(1)  a holder of a certificate of operating authority 
or service provider certificate of operating authority is the 
predominant provider of basic local telecommunications service in a 
defined geographic area and the utility provides that service using 
the utility's own facilities;
		(2)  no other telecommunications utility has 
facilities sufficient to provide basic local telecommunications 
service in that defined geographic area;  and
		(3)  the holder of the certificate of operating 
authority or service provider certificate of operating authority 
has:
			(A)  ceased providing basic local 
telecommunications service to the utility's customers in that 
defined geographic area;  or
			(B)  abandoned the operation of the utility's 
facilities in the defined geographic area that are used to provide 
basic local telecommunications service.
	(b)  In a proceeding under this section, the commission may 
declare that an emergency exists and issue any order necessary to 
protect the health, safety, and welfare of affected customers of 
the utility and to expedite the restoration and continuation of 
basic local telecommunications service to those customers.  An 
order issued by the commission under this subsection may include an 
order to:
		(1)  provide for a temporary arrangement for operation 
of the utility's facilities by an uncertificated entity that agrees 
to provide service;
		(2)  authorize one or more third parties to enter the 
premises of the abandoned facilities;  or
		(3)  grant temporary waivers from quality of service 
requirements.          
	(c)  The commission may designate a successor utility in 
accordance with Section 54.303 during a proceeding under this 
section.

Added by Acts 2003, 78th Leg., ch. 76, § 4, eff. Sept. 1, 2003.            

Last modified: August 10, 2007