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Texas Utilities Code - Section 56.026. Universal Service Fund Disbursements

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§ 56.026. UNIVERSAL SERVICE FUND DISBURSEMENTS. (a) A revenue requirement showing is not required for a disbursement from the universal service fund under this subchapter. (b) The commission shall make each disbursement from the universal service fund promptly and efficiently so that a telecommunications provider does not experience an unnecessary cash-flow change as a result of a change in governmental policy. Subsecs. (c) to (e) effective until August 31, 2007 (c) Notwithstanding any other provision of this title, if an electing company reduces rates in conjunction with receiving disbursements from the universal service fund, the commission may not reduce the amount of those disbursements, except that: (1) if a local end user customer of the electing company switches to another local service provider that serves the customer entirely through the use of its own facilities and not partially or solely through the use of unbundled network elements, the electing company's disbursement may be reduced by the amount attributable to that customer under Section 56.021(1); or (2) if a local end user customer of the electing company switches to another local service provider, and the new local service provider serves the customer partially or solely through the use of unbundled network elements provided by the electing company, the electing company's disbursement attributable to that customer under Section 56.021(1) may be reduced only if the commission establishes an equitable allocation formula for the disbursement. (d) Any reductions in switched access service rates for local exchange companies with more than 125,000 access lines in service in this state on December 31, 1998, that are made in accordance with this section shall be proportional, based on equivalent minutes of use, to reductions in intraLATA toll rates, and those reductions shall be offset by equal disbursements from the universal service fund under Section 56.021(1). To the extent that the disbursements from the universal service fund under Section 56.021(1) for small and rural local exchange companies are used to decrease the implicit support in intraLATA toll and switched access rates, the decrease shall be made in a competitively neutral manner. (e) This subsection and Subsections (c) and (d) expire August 31, 2007. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1212, § 25, eff. Sept. 1, 1999; Acts 2005, 79th Leg., 2nd C.S., ch. 2, § 14, eff. Sept. 1, 2005.

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Last modified: August 10, 2007