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State Law
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Texas Utilities Code - Chapter 55 Regulation Of Telecommunications ServicesLegal Research Home > Texas Lawyer > Utilities Code > Texas Utilities Code - Chapter 55 Regulation Of Telecommunications Services A public utility shall furnish service, instrumentalities, and facilities that are safe, adequate, efficient, and reasonable. Acts 1997, 75th Leg., ch. 166, § 1, eff. ... The commission, on its own motion or on complaint and after reasonable notice and hearing, may: (1) adopt just and reasonable standards, classifications, rules, or ... (a) A public utility may not impose a rule except as provided by this title. (b) A public utility may file with the commission a ... (a) To make a change in an incumbent local exchange company's tariffed rules or practices that does not affect the company's charges or rates, the ... In providing a service to persons in a classification, a public utility may not: (1) grant an unreasonable preference or advantage to a person in ... A public utility may not: (1) discriminate against a person who sells or leases equipment or performs services in competition with the public utility; or ... (a) The commission shall require a holder of a certificate of convenience and necessity or a certificate of operating authority to provide at the applicable ... The commission, after notice and hearing, may: (1) order a public utility to provide specified improvements in its service in a specified area if: (A) ... (a) If federal law prohibits a local exchange company in this state from providing interLATA telecommunications services, the local exchange companies in this state designated ... A telecommunications utility providing service to the state, including service to an agency in any branch of state government, may not impose a fee, a ... (a) A local exchange company shall print on the first page of each bill sent to a customer of the local exchange company the name ... (a) A provider of basic local telecommunications service may not discontinue that service because of nonpayment by a residential customer of charges for long distance ... (a) A provider of basic local telecommunications service may not discontinue that service because of nonpayment by a residential customer of charges for long distance ... (a) In this section, "advanced service" means any telecommunications service other than residential or business basic local exchange telephone service, caller identification service, and customer ... (a) The commission shall adopt rules prohibiting a certificated provider of local exchange telephone service from discontinuing basic network services listed in Section 58. 051 ... (a) The proliferation of charges for separate services, products, surcharges, fees, and taxes on a bill for telecommunications products or services has increased the complexity ... (a) A representative of a telecommunications provider or a video or cable service provider that has an easement in or a right-of-way over or through ... After notice and a hearing, the commission may order one or more local exchange companies that are dominant carriers to provide: (1) mandatory extended area ... The commission may order mandatory extended area service in a specified metropolitan area if: (1) there is a sufficient community of interest in the area; ... (a) The commission may order optional extended area service in a specified calling area if: (1) each affected company and the representatives of at least ... (a) An incumbent local exchange company that provides mandatory two-way extended area service to customers shall impose for that service a separately stated monthly charge ... (a) A local exchange company shall make available, at a reasonable tariffed rate, hunting service from local exchange lines to extended metropolitan service lines. (b) ... In this subchapter, "metropolitan exchange," "local calling area of a metropolitan exchange," and "exchange" have the meanings and boundaries assigned by the commission on September ... The commission may expand a toll-free local calling area into an exchange that is not in a metropolitan exchange but is in a local calling ... Notwithstanding any other provision of this subchapter, the commission may not split a petitioning or requested exchange in establishing a toll-free local calling area. Acts ... (a) The commission may not require an incumbent local exchange company serving the petitioning or requested exchange to expand the company's toll-free local calling area ... The telephone subscribers of an incumbent local exchange company exchange that serves not more than 10,000 access lines may petition the commission for expansion of ... (a) A petition under this subchapter must be signed by a number of the exchange's subscribers equal at least to the lesser of 100 of ... (a) If the commission receives a petition that complies with this subchapter, the commission shall order the incumbent local exchange company to provide ballots to ... (a) The incumbent local exchange company shall recover all costs incurred and all loss of revenue from an expansion of a toll-free local calling area ... In this subchapter, "operator service" means a service using live operator or automated operator functions to handle telephone service such as toll calling using collect, ... Except as provided by Section 55.088, this subchapter applies only to a telecommunications utility that is not a dominant carrier. Acts 1997, 75th Leg., ch. ... (a) The commission may adopt rules and establish procedures to enforce and implement this subchapter. (b) A rule adopted under this subchapter must be nondiscriminatory ... (a) An operator service provider shall furnish each entity with which it contracts to provide operator service a sticker, card, or other form of information ... Before connecting a call, the operator service provider shall: (1) announce the provider's name; and (2) at the caller's request, quote the rate and any ... (a) An operator service provider, on a caller's request, shall inform the caller of the method of access to the local exchange carrier operator serving ... (a) The commission by rule shall require an operator service provider to include in its contract with each entity through which it provides operator service ... (a) A dominant or nondominant telecommunications utility that provides operator service shall ensure that a caller has access to a live operator at the beginning ... (a) If the commission determines that an operator service provider has violated or is about to violate this subchapter, the commission, after notice and evidentiary ... In this subchapter: (1) "Caller identification information" means any information that may be used to identify the specific originating number or originating location of a ... (a) This subchapter applies only to the provision of caller identification service. (b) This subchapter does not apply to: (1) an identification service that is ... (a) A telecommunications utility may offer caller identification services under this subchapter only if the utility obtains written authorization from the commission. (b) A commercial ... (a) A person may not use a caller identification service to compile and sell specific local call information without the affirmative approval of the originating ... Except as provided by Section 55.1065, the commission shall require that a provider of caller identification service offer free per-call blocking to each telephone subscriber ... (a) Except as provided by Section 55.1065, the commission shall require that a provider of caller identification service offer free per-line blocking to a particular ... The commission may prescribe in relation to blocking only a requirement authorized by Sections 55.105, 55.106, and 55.1065. Acts 1997, 75th Leg., ch. 166, § ... The commission may implement the recommendations of the Caller ID Consumer Education Panel and interested parties to the extent consistent with the public interest. Acts ... (a) A provider of caller ID services who becomes aware of the failure of per-call or per-line blocking to block identification of a customer shall ... In this subchapter, "automated dial announcing device" means automated equipment used for telephone solicitation or collection that can: (1) store telephone numbers to be called ... This subchapter does not apply to the use of an automated dial announcing device: (1) to make a call relating to an emergency or a ... A person may not use an automated dial announcing device to make a telephone call in which the device plays a recorded message when the ... A person may not use an automated dial announcing device for random number dialing or to dial numbers determined by successively increasing or decreasing integers ... (a) A person may not use an automated dial announcing device to make a telephone solicitation call terminating in this state in which the device ... A person may not use an automated dial announcing device to make a telephone call in which the device plays a recorded message when the ... (a) A person may not use an automated dial announcing device to make a telephone call in which the device plays a recorded message when ... A person may not use an automated dial announcing device to make for solicitation purposes a telephone call in which the device plays a recorded ... A person may not use an automated dial announcing device to make a telephone call in which the device plays a recorded message when the ... (a) A person may not use an automated dial announcing device without a permit issued by the commission. (b) An applicant for an original permit ... (a) The commission shall prescribe a fee for an original permit or renewal of a permit. (b) The amount of the original permit fee must ... (a) The owner or operator of an automated dial announcing device shall notify the commission if the telephone number of the device or the physical ... The commission shall provide to a local exchange company on request a copy of a permit issued under this subchapter and of any change relating ... (a) The commission shall: (1) investigate complaints relating to the use of an automated dial announcing device; and (2) enforce this subchapter. (b) A local ... The commission may revoke a person's permit if the person fails to comply with this subchapter. Acts 1997, 75th Leg., ch. 166, § 1, eff. ... (a) If the commission or a court determines that a person has violated this subchapter, the commission or court shall require a telecommunications utility to ... (a) The commission may impose an administrative penalty against a person who owns or operates an automated dial announcing device in violation of this subchapter ... (a) A person commits an offense if the person owns or operates an automated dial announcing device that the person knows is operating in violation ... In this subchapter, "provider" means an entity that provides pay telephone service, including: (1) an incumbent local exchange company; and (2) a subscriber to a ... This subchapter prescribes the limits of: (1) the right of a provider to set the provider's rates and charges for pay telephone services; and (2) ... (a) A person may not provide pay telephone service in this state unless the person is registered with the commission. (b) This section does not ... The charge or surcharge a local exchange company imposes for an access line used to provide pay telephone service in an exchange may not exceed ... A provider may not charge a person making a call on a pay telephone for: (1) local directory assistance; or (2) a call made under ... (a) The commission shall establish the limit on the amount a provider may charge for a pay telephone coin sent-paid call in the local exchange ... (a) A provider may charge at a pay telephone a fee of not more than 25 cents for initiating an 800-type call. (b) A provider ... (a) A provider may not impose for a credit card, calling card, or live or automated operator-assisted call a rate or charge that is greater ... (a) A provider may not display the telephone number of a pay telephone that cannot receive telephone calls. (b) A provider shall place in a ... (a) The commission by rule may prescribe the information that must be posted on a pay telephone. (b) A commission rule may not require a ... The commission may order the disconnection of pay telephone service for not more than one year for repeat violations of commission rules. Acts 1997, 75th ... (a) Each company that provides local exchange telephone service in overlapping certificated areas shall negotiate the terms of printed directory listings and directory assistance in ... A telecommunications utility or an affiliate of that utility that publishes a residential or business telephone directory that is distributed to the public shall publish ... (a) A private for-profit publisher of a residential telephone directory that is distributed to the public at minimal or no cost shall include in the ... A hotel or motel may not charge more than 50 cents for: (1) a local telephone call; (2) a credit card telephone call; (3) a ... (a) This section applies only to a telecommunications utility that transports or provides an intrastate 900 service that is: (1) covered by a contract authorized ... (a) In this section: (1) "Prepaid calling card company" means a company that provides a prepaid calling service to the public using its own network ... It is the policy of this state to ensure that all customers are protected from the unauthorized switching of a telecommunications utility selected by the ... (a) The commission shall adopt nondiscriminatory and competitively neutral rules to implement this subchapter, including rules that: (1) ensure that customers are protected from deceptive ... A telecommunications utility may verify a change order by: (1) obtaining written authorization from the customer; (2) obtaining a toll-free electronic authorization placed from the ... (a) If a change in the selection of a customer's telecommunications utility is not made or verified in accordance with this subchapter, the change, on ... (a) If the commission finds that a telecommunications utility has repeatedly violated the commission's telecommunications utility selection rules, the commission shall order the utility to ... If the commission finds that a telecommunications utility has repeatedly and recklessly violated the commission's telecommunications utility selection rules, the commission may, if consistent with ... The commission may prohibit a utility from engaging in a deceptive or fraudulent practice, including a marketing practice, involving the selection of a customer's telecommunications ... Notwithstanding any other provision of this subchapter, rules adopted by the commission under this subchapter shall be consistent with applicable federal laws and rules. Added ... Last modified: August 10, 2007 |