Texas Utilities Code Title 2, Chapter 58 - Incentive Regulation

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 58.001 - Policy
  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...
• Texas Section 58.002 - Definition
  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...
• Texas Section 58.003 - Customer-specific Contracts
  (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...

SUBCHAPTER B ELECTION OF INCENTIVE REGULATION

• Texas Section 58.004 - Packaging, Term And Volume Discounts, And Promotional Offerings
  (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...
• Texas Section 58.021 - Election
  (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...
• Texas Section 58.022 - Chapter Controls
  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....
• Texas Section 58.023 - Service Classification
  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...
• Texas Section 58.024 - Service Reclassification
  (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...
• Texas Section 58.025 - Complaint Or Hearing
  (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)...
• Texas Section 58.026 - Consumer Complaints Regarding Tariffs
  (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...

SUBCHAPTER C BASIC NETWORK SERVICES

• Texas Section 58.027 - Consumer Complaints Regarding Services; Enforcement Of Standards
  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...
• Texas Section 58.051 - Services Included
  (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...
• Texas Section 58.052 - Regulation Of Services
  (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...
• Texas Section 58.053 - Investment Limitation On Service Standards
  (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...
• Texas Section 58.054 - Rates Capped
  (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...
• Texas Section 58.055 - Rate Adjustment By Company
  (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...
• Texas Section 58.056 - Rate Adjustment For Changes In Fcc Separations
  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...
• Texas Section 58.057 - Rate Adjustment For Certain Companies
  (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...
• Texas Section 58.058 - Rate Group Reclassification
  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,...
• Texas Section 58.059 - Commission Rate Adjustment Procedure
  (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....
• Texas Section 58.060 - Rate Adjustment After Cap Expiration
  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...
• Texas Section 58.061 - Effect On Certain Charges
  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,...

SUBCHAPTER E NONBASIC SERVICES

• Texas Section 58.063 - Pricing And Packaging Flexibility
  (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...
• Texas Section 58.151 - Services Included
  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...
• Texas Section 58.152 - Prices
  (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...
• Texas Section 58.153 - New Services
  (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...
• Texas Section 58.155 - Interconnection
  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...

SUBCHAPTER F GENERAL INFRASTRUCTURE COMMITMENT

• Texas Section 58.156 - Regulation Of Services
  Sections 55.001, 55.002, 55.003, and 55.004 do not apply to retail nonbasic services offered by an electing company or by a transitioning company, as defined...
• Texas Section 58.201 - Statement Of State Goal
  (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...
• Texas Section 58.202 - Policy Goals For Implementation
  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...
• Texas Section 58.203 - Infrastructure Goals Of All Electing Companies
  (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...
• Texas Section 58.204 - Additional Infrastructure Commitment Of Certain Companies
  (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...
• Texas Section 58.205 - Extension Or Waiver Of Infrastructure Requirements
  (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...

SUBCHAPTER G INFRASTRUCTURE COMMITMENT TO CERTAIN ENTITIES

• Texas Section 58.206 - Implementation Costs; Increase In Rates And Universal Service Funds
  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...
• Texas Section 58.251 - Intent And Goal Of Subchapter
  (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...
• Texas Section 58.252 - Definitions
  In this subchapter: (1) "Educational institution" has the meaning assigned by Section 57.021. (1-a) "Health center" means a federally qualified health center service delivery site....
• Texas Section 58.253 - Private Network Services For Certain Entities
  (a) On customer request, an electing company shall provide private network services to: (1) an educational institution; (2) a library as defined in Section 57.021;...
• Texas Section 58.254 - Priorities
  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...
• Texas Section 58.255 - Contracts For Private Network Services
  (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...
• Texas Section 58.256 - Preferred Rate Treatment Warranted
  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....
• Texas Section 58.257 - Election Of Rate Treatment
  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...
• Texas Section 58.258 - Private Network Services Rates And Tariffs
  (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, 2016....
• Texas Section 58.259 - Tariff Rate For Certain Intralata Service
  (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...
• Texas Section 58.260 - Point-to-point 45 Megabits A Second Intralata Service
  (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....
• Texas Section 58.261 - Broadband Digital Special Access Service
  (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...
• Texas Section 58.262 - Expanded Interconnection
  (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...
• Texas Section 58.263 - Internet Access
  (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...
• Texas Section 58.264 - Complaints Limited
  (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...
• Texas Section 58.265 - Interconnection Of Network Services
  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...
• Texas Section 58.266 - Sharing Or Resale Of Network Services
  (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...
• Texas Section 58.267 - Implementation Costs; Increase In Rates And Universal Service Funds
  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...

SUBCHAPTER H SWITCHED ACCESS SERVICES

• Texas Section 58.268 - Continuation Of Obligation
  Notwithstanding any other provision of this title, an electing company shall continue to comply with this subchapter until January 1, 2016, regardless of: (1) the...
• Texas Section 58.301 - Switched Access Rate Reduction
  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...
• Texas Section 58.302 - Switched Access Rate Cap
  (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: September 28, 2016