Texas Utilities Code Title 2, Chapter 54 - Certificates

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 54.001 - Certificate Required
  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...
• Texas Section 54.002 - Exceptions To Certificate Requirement For Service Extension
  (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...
• Texas Section 54.003 - Exceptions To Certificate Requirement For Certain Services
  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...
• Texas Section 54.004 - Relinquishment Plan
  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...
• Texas Section 54.005 - Notice Of And Hearing On Application
  (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...
• Texas Section 54.006 - Request For Preliminary Order
  (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...
• Texas Section 54.007 - Flexibility Plan
  (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...

SUBCHAPTER B CERTIFICATE OF CONVENIENCE AND NECESSITY

• Texas Section 54.008 - Revocation Or Amendment Of Certificate
  (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...
• Texas Section 54.051 - Definition
  In this subchapter, "certificate" means a certificate of convenience and necessity. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
• Texas Section 54.052 - Certificate Required For Public Utility
  (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...
• Texas Section 54.053 - Application For Certificate
  (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...

SUBCHAPTER C CERTIFICATE OF OPERATING AUTHORITY

• Texas Section 54.054 - Grant Or Denial Of Certificate
  (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,...
• Texas Section 54.101 - Definition
  In this subchapter, "certificate" means a certificate of operating authority. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. Amended by Acts...
• Texas Section 54.102 - Application For Certificate
  (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...
• Texas Section 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....
• Texas Section 54.104 - Time Of Service Requirements
  (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...

SUBCHAPTER D SERVICE PROVIDER CERTIFICATE OF OPERATING AUTHORITY

• Texas Section 54.105 - Penalty For Violation Of Title
  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...
• Texas Section 54.151 - Definition
  In this subchapter, "certificate" means a service provider certificate of operating authority. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
• Texas Section 54.152 - Limitation On Grant Of Certificate
  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...
• Texas Section 54.153 - Eligibility For 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...
• Texas Section 54.154 - Application For Certificate
  (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...
• Texas Section 54.155 - 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....
• Texas Section 54.156 - Resale Of Services
  (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...
• Texas Section 54.157 - Optional Extended Area Service Or Expanded Local Calling Service
  (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...
• Texas Section 54.158 - Interference With Resold Services Prohibited
  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...

SUBCHAPTER E MUNICIPALITIES

• Texas Section 54.159 - Retention Of Access Service And Intralata Toll Service
  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...
• Texas Section 54.201 - Certification Prohibited
  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...
• Texas Section 54.202 - Prohibited Municipal Services
  (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...
• Texas Section 54.2025 - Lease Of Fiber Optic Cable Facilities
  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...
• Texas Section 54.203 - Service In Annexed Or Incorporated Area
  (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...
• Texas Section 54.204 - Discrimination By Municipality Prohibited
  (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...
• Texas Section 54.205 - Municipality's Right To Control Access
  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...

SUBCHAPTER F REGULATION OF SERVICES, AREAS, AND FACILITIES

• Texas Section 54.206 - Recovery Of Municipal Fee
  (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...
• Texas Section 54.251 - Provision Of Service
  (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...
• Texas Section 54.252 - Grounds For Reduction Of Service By Holder Of 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...
• Texas Section 54.253 - Discontinuation Of Service By Certain Certificate Holders
  (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...
• Texas Section 54.254 - Required Refusal Of Service
  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...
• Texas Section 54.255 - Transfer Of Certain Certificates
  (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...
• Texas Section 54.256 - Application Of Contracts
  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;...
• Texas Section 54.257 - Interference With Another Telecommunications Utility
  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,...
• Texas Section 54.258 - Maps
  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...
• Texas Section 54.259 - Discrimination By Property Owner Prohibited
  (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...
• Texas Section 54.260 - Property Owner's Conditions
  (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...

SUBCHAPTER G PROVIDER OF LAST RESORT

• Texas Section 54.261 - Shared Tenant Services Contract
  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...
• Texas Section 54.301 - Definitions
  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...
• Texas Section 54.3015 - Applicability Of Subchapter
  This subchapter applies to a transitioning company under Chapter 65 in relation to its regulated exchanges in the same manner and to the same extent...
• Texas Section 54.302 - Provider Of Last Resort; Facilities-based Providers
  (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...
• Texas Section 54.303 - Successor Telecommunications Utility When No Sufficient Facilities Exist
  (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...
• Texas Section 54.304 - Abandonment Or Cessation By Facilities-based Provider; Emergency Restoration
  (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...
• Texas Section 54.305 - Commission Participation In Bankruptcy Proceedings
  (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...

Last modified: September 28, 2016