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Texas Utilities Code - Chapter 58 Incentive RegulationLegal Research Home > Texas Lawyer > Utilities Code > Texas Utilities Code - Chapter 58 Incentive Regulation Considering the status of competition in the telecommunications industry, it is the policy of this state to: (1) provide a framework for an orderly transition ... In this chapter, "electing company" means an incumbent local exchange company that elects to be subject to incentive regulation and to make the corresponding infrastructure ... (a) Notwithstanding any other provision of this chapter, but subject to Subsection (b), an electing company may not offer in an exchange a service, or ... (a) Notwithstanding any other provision of this chapter, an electing company that has more than five million access lines in this state may not offer ... (a) An incumbent local exchange company may elect to be subject to incentive regulation and to make the corresponding infrastructure commitment under this chapter by ... This chapter governs the regulation of an electing company's telecommunications services regardless of whether the company is a dominant carrier. Acts 1997, 75th Leg., ch. ... On election, the services provided by an electing company are classified into two categories: (1) basic network services governed by Subchapter C; and (2) nonbasic ... (a) The commission may reclassify a basic network service as a nonbasic service. (b) The commission shall establish criteria for determining whether a service should ... (a) An electing company is not, under any circumstances, subject to a complaint, hearing, or determination regarding the reasonableness of the company's: (1) rates; (2) ... (a) This chapter does not restrict: (1) a consumer's right to complain to the commission about the application of an ambiguous tariff; or (2) the ... This chapter does not restrict: (1) a consumer's right to complain to the commission about quality of service; or (2) the commission's right to enforce ... (a) Unless reclassified under Section 58.024, the following services are basic network services: (1) flat rate residential local exchange telephone service, including primary directory listings ... (a) Except as provided by Subchapter E, Chapter 52, basic network services of an electing company are regulated: (1) in accordance with this chapter; and ... (a) The commission may not raise a service standard applicable to the provision of local exchange telephone service by an electing company if the increased ... (a) As a condition of election under this chapter, an electing company shall commit to not increasing a rate for a basic network service on ... (a) An electing company may increase a rate for a basic network service during the election period prescribed by Section 58.054 only: (1) with commission ... The commission, on motion of the electing company or on its own motion, shall proportionally adjust rates for services to reflect changes in Federal Communications ... (a) An electing company, after the 42nd month after the date the company elects incentive regulation under this chapter, may file an application for a ... Notwithstanding Subchapter B, the commission, on request of the electing company, shall allow a rate group reclassification that results from access line growth. Acts 1997, ... (a) In accordance with this section, an electing company may request and the commission may authorize a rate adjustment under Section 58.056, 58.057, or 58.058. ... After the expiration of the period during which the rates for basic network services are capped as prescribed by Section 58.054, an electing company may ... This subchapter does not affect a charge permitted under: (1) Section 55.024; (2) Subchapter C, Chapter 55; or (3) Subchapter B, Chapter 56. Acts 1997, ... (a) Notwithstanding Section 58.052(b) or Subchapter F, Chapter 60, an electing company may exercise pricing flexibility for basic network services, including the packaging of basic ... The following services are classified as nonbasic services: (1) flat rate business local exchange telephone service, including primary directory listings and the receipt of a ... (a) An electing company may set the price for any nonbasic service at any level above the lesser of the: (1) service's long run incremental ... (a) Subject to the pricing conditions prescribed by Section 58.152(a), an electing company may introduce a new service 10 days after providing an informational notice ... Because interconnection to competitive providers and interconnection for commercial mobile service providers are subject to the requirements of Sections 251 and 252, Communications Act of ... (a) It is the goal of this state to facilitate and promote the deployment of an advanced telecommunications infrastructure to spur economic development throughout this ... In implementing this subchapter, the commission shall consider this state's policy goals to: (1) ensure the availability of the widest possible range of competitive choices ... (a) Recognizing that it will take time for competition to develop in the local exchange market, the commission shall, in the absence of competition, ensure ... (a) Not later than December 31, 1998, an electing company serving more than one million but fewer than five million access lines shall provide digital ... (a) For an electing company that serves more than one million but fewer than two million access lines, the commission may temporarily extend a deadline ... The commission may not consider the cost of implementing Section 58.203 or 58.204 in determining whether an electing company is entitled to: (1) a rate ... (a) It is the intent of this subchapter to establish a telecommunications infrastructure that interconnects the public entities described in this subchapter. The interconnection of ... In this subchapter: (1) "Educational institution" has the meaning assigned by Section 57.021. (2) "Library" has the meaning assigned by Section 57.042. (3) "Private network ... (a) On customer request, an electing company shall provide private network services to: (1) an educational institution; (2) a library as defined in Section 57.042(6)(A) ... An electing company shall give priority to serving: (1) rural areas; (2) areas designated as critically underserved either medically or educationally; and (3) educational institutions ... (a) An electing company shall provide a private network service under a customer specific contract. (b) An electing company shall offer private network service contracts ... An entity described by Section 58.253(a) warrants preferred rate treatment. However, a rate charged for a service must cover the service's long run incremental cost. ... An educational institution or a library may elect the rate treatment provided by this subchapter or the discount provided by Subchapter B, Chapter 57. Acts ... (a) Notwithstanding the pricing flexibility authorized by this subtitle, an electing company's rates for private network services may not be increased before January 1, 2012. ... (a) An electing company shall file a flat monthly tariff rate for point-to-point intraLATA 1.544 megabits a second service for the entities described by Section ... (a) On request of an entity described by Section 58.253(a), an electing company shall provide to the entity point-to-point 45 megabits a second intraLATA services. ... (a) An electing company shall provide to an entity described by Section 58.253(a) broadband digital special access service to interexchange carriers. (b) The rate for ... (a) On request of an entity described by Section 58.253(a), an electing company shall provide to the entity expanded interconnection (virtual colocation). (b) The company ... (a) This section applies only to an educational institution or library in an exchange of an electing company serving more than five million access lines ... (a) Notwithstanding any other provision of this title, an electing company is subject to a complaint under this subchapter only by an entity described by ... The private network services provided under this subchapter may be interconnected with other similar networks for distance learning, telemedicine, and information-sharing purposes. Acts 1997, 75th ... (a) A private network service may be used by and shared among the entities described by Section 58.253(a) but may not be otherwise shared or ... The commission may not consider the cost of implementing this subchapter in determining whether an electing company is entitled to: (1) a rate increase under ... Notwithstanding any other provision of this title, an electing company shall continue to comply with this subchapter until January 1, 2012, regardless of: (1) the ... An electing company with greater than five million access lines in this state shall reduce its switched access rates on a combined originating and terminating ... (a) An electing company may not increase the per minute rates for switched access services on a combined originating and terminating basis above the lesser ... Last modified: August 10, 2007 |