Sec. 54.103. GRANT OR DENIAL OF 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. The commission may extend the deadline on good cause shown.
(b) The commission shall grant each certificate on a nondiscriminatory basis after considering factors such as:
(1) the technical and financial qualifications of the applicant; and
(2) the applicant's ability to meet the commission's quality of service requirements.
(c) In an exchange of an incumbent local exchange company that serves fewer than 31,000 access lines, in addition to the factors described by Subsection (b), the commission shall consider:
(1) the effect of granting the certificate on a public utility serving the area and on that utility's customers;
(2) the ability of that public utility to provide adequate service at reasonable rates;
(3) the effect of granting the certificate on the ability of that public utility to act as the provider of last resort; and
(4) the ability of the exchange, not the company, to support more than one provider of service.
(d) Except as provided by Subsections (e) and (f), the commission may grant an application for a certificate only for an area or areas that are contiguous and reasonably compact and cover an area of at least 27 square miles.
(e) In an exchange in a county that has a population of less than 500,000 and that is served by an incumbent local exchange company that has more than 31,000 access lines, an area covering less than 27 square miles may be approved if the area is contiguous and reasonably compact and has at least 20,000 access lines.
(f) In an exchange of a company that serves fewer than 31,000 access lines in this state, the commission may grant an application only for an area that has boundaries similar to the boundaries of the serving central office that is served by the incumbent local exchange company that holds the certificate of convenience and necessity for the area.
(g) Expired.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 16, eff. Sept. 1, 1999.
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