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Texas Utilities Code - Chapter 54 CertificatesLegal Research Home > Texas Lawyer > Utilities Code > Texas Utilities Code - Chapter 54 Certificates A person may not provide local exchange telephone service, basic local telecommunications service, or switched access service unless the person obtains a: (1) certificate of ... (a) A telecommunications utility is not required to obtain a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate ... A telecommunications utility is not required to obtain a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of ... A holder of a service provider certificate of operating authority who applies for a certificate of operating authority or a certificate of convenience and necessity ... (a) When an application for a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority is ... (a) A telecommunications utility that wants to exercise a right or privilege under a franchise or permit that the utility anticipates obtaining but has not ... (a) After the commission grants an application for a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of ... (a) The commission may revoke or amend a certificate of convenience and necessity, a certificate of operating authority or a service provider certificate of operating ... In this subchapter, "certificate" means a certificate of convenience and necessity. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ... (a) A public utility may not directly or indirectly provide service to the public under a franchise or permit unless the utility first obtains from ... (a) A public utility that wants to obtain or amend a certificate must submit an application to the commission. (b) The applicant shall file with ... (a) The commission may approve an application and grant a certificate only if the commission finds that the certificate is necessary for the service, accommodation, ... In this subchapter, "certificate" means a certificate of operating authority. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended by Acts ... (a) A person may apply for a certificate of operating authority. (b) The applicant must file with the application a sworn statement that the applicant ... (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. ... (a) The commission by rule may prescribe the period within which a certificate holder must be able to serve customers. (b) Notwithstanding Subsection (a), a ... If a certificate holder fails to comply with a requirement of this title, the commission may: (1) revoke the holder's certificate; (2) impose against the ... In this subchapter, "certificate" means a service provider certificate of operating authority. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ... The commission may not grant a certificate to a holder of a: (1) certificate of convenience and necessity for the same territory; or (2) certificate ... (a) A company is not eligible to obtain a certificate under this subchapter if the company, together with affiliates, had more than six percent of ... (a) The commission may grant a certificate to encourage an innovative, competitive, and entrepreneurial business to provide telecommunications services. (b) An applicant for a 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. ... (a) A certificate holder may obtain services under the resale tariffs approved by the commission under Subchapter C, Chapter 60, except in a certificated area ... (a) A certificate holder may purchase for resale: (1) optional extended area service; and (2) expanded local calling service. (b) The purchase of optional extended ... An incumbent local exchange company may not: (1) delay providing or maintaining a service provided under this subchapter; (2) degrade the quality of access the ... An incumbent local exchange company that sells flat rate local exchange telephone service to a certificate holder may retain all access service and "1-plus" intraLATA ... The commission may not grant to a municipality a: (1) certificate of convenience and necessity; (2) certificate of operating authority; or (3) service provider certificate ... (a) A municipality or municipal electric system may not offer for sale to the public: (1) a service for which a certificate of convenience and ... Nothing in this subchapter shall prevent a municipality, or a municipal electric system that is a member of a municipal power agency formed under Chapter ... (a) If an area is or will be included within a municipality as the result of annexation, incorporation, or another reason, each telecommunications utility that ... (a) Notwithstanding Section 14.008, a municipality or a municipally owned utility may not discriminate against a certificated telecommunications provider regarding: (1) the authorization or placement ... This title does not restrict a municipality's historical right to control and receive reasonable compensation for access to the municipality's public streets, alleys, or rights-of-way ... (a) A holder of a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority has the ... (a) Except as provided by this section, Section 54.252, Section 54.253, and Section 54.254, a telecommunications utility that holds a certificate of convenience and necessity ... (a) Except to the extent otherwise ordered by the commission in accordance with this subchapter, the holder of a certificate of convenience and necessity may ... (a) A telecommunications utility that holds a certificate of operating authority or a service provider certificate of operating authority may: (1) cease operations in the ... A holder of a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority shall refuse to ... (a) A telecommunications utility may sell, assign, or lease a certificate of convenience and necessity or a certificate of operating authority or a right obtained ... A contract approved by the commission between telecommunications utilities that designates areas and customers to be served by the utilities: (1) is valid and enforceable; ... If a telecommunications utility constructing or extending the utility's lines, plant, or system interferes or attempts to interfere with the operation of a line, plant, ... A public utility shall file with the commission one or more maps that show each utility facility and that separately illustrate each utility facility for ... (a) If a telecommunications utility holds a consent, franchise, or permit as determined to be the appropriate grants of authority by the municipality and holds ... (a) Notwithstanding Section 54.259, if a telecommunications utility holds a municipal consent, franchise, or permit as determined to be the appropriate grant of authority by ... Sections 54.259 and 54.260 do not require a public or private property owner to enter into a contract with a telecommunications utility to provide shared ... In this subchapter: (1) "Exiting utility" means a telecommunications utility that: (A) holds a certificate of operating authority or a service provider certificate of operating ... This subchapter applies to a holder of a certificate of operating authority issued under Chapter 65 in the same manner and to the same extent ... (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 ... (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 ... (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 ... (a) The commission, on written notice that a certificated telecommunications utility has filed a petition in bankruptcy or is the subject of an involuntary petition ... Texas Lawyers
Last modified: August 10, 2007 |