Texas Register, Volume 24, Number 1, Pages 1-223, January 1, 1999 Page: 22
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Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: January 31, 1999
For further information, please call: (512) 936-7308
Chapter 26. Substantive Rules Applicable to
Telecommunications Service Providers
Subchapter J. Costs, Rates and Tariffs
16 TAC 26.207-26.212
The Public Utility Commission of Texas (commission) proposes
new 26.207 relating to Form and Filing of Tariffs, 26.208 re-
lating to General Tariff Procedures, 26.209 relating to New and
Experimental Services, 26.210 relating to Promotional Rates for
Local Exchange Company Services, 26.211 relating to Rate-
Setting Flexibility for Services Subject to Significant Competi-
tive Challenges, and 26.212 relating to Procedures Applicable
to Chapter 58 Electing Incumbent Local Exchange Companies.
Project Number 20075 has been assigned to this proceeding.
The proposed new sections will replace 23.24 of this title (re-
lating to Form and Filing of Tariffs); 23.25 of this title (relating
to Procedures Applicable to Chapter 58 Electing Incumbent Lo-
cal Exchange Companies (ILECs)); 23.26 of this title (relating
to New and Experimental Services); 23.27 of this title (relat-
ing to Rate-Setting Flexibility for Services Subject to Significant
Competitive Challenges); and 23.28 of this title (relating to Pro-
motional Rates for LEC Services). The proposed new sections
are necessary to clarify the commission's requirements relating
to the filing of tariffs.
The Appropriations Act of 1997, HB 1, Article IX, Section 167
(Section 167) requires that each state agency review and con-
sider for readoption each rule adopted by that agency pursuant
to the Government Code, Chapter 2001 (Administrative Proce-
dure Act). Such reviews shall include, at a minimum, an as-
sessment by the agency as to whether the reason for adopting
or readopting the rule continues to exist. The commission held
three workshops to conduct a preliminary review of its rules.
As a result of these workshops, the commission is reorganiz-
ing its current substantive rules located in 16 Texas Adminis-
trative Code (TAC) Chapter 23 to (1) satisfy the requirements
of Section 167; (2) repeal rules no longer needed; (3) update
existing rules to reflect changes in the industries regulated by
the commission; (4) do clean-up amendments made necessary
by changes in law and commission organizational structure and
practices; (5) reorganize rules into new chapters to facilitate fu-
ture amendments and provide room for expansion; and (6) re-
organize the rules according to the industry to which they apply.
Chapter 26 has been established for all commission substan-
tive rules applicable to telecommunications service providers.
The duplicative sections of Chapter 23 will be proposed for re-
peal as each new section is proposed for publication in the new
chapter.
General changes to rule language:
The proposed new sections reflect different section, subsection,
and paragraph designations due to the reorganization of the
rules. Citations to the Public Utility Regulatory Act have been
updated to conform to the Texas Utilities Code throughout the
sections and citations to other sections of the commission's
rules have been updated to reflect the new section designations.Some text has been proposed for deletion as unnecessary in the
new sections, as a result of making the new chapters industry
specific; or because the dates and requirements in the text no
longer apply due to the passage of time and/or fulfillment of the
requirements. The Texas Register will publish these sections as
all new text. Persons who desire a copy of the proposed new
sections as they reflect changes to existing sections in Chapter
23 may obtain a redlined version from the commission's Central
Records under Project Number 20075.
Other changes specific to each section:
Proposed new 26.207 will replace 23.24. The commission
proposes to delete all references to electric utilities as this new
section only applies to telecommunications utilities. Section
23.24 (h) and (i) have not been included in 26.207, as these
sections have been proposed for deletion.
Proposed new 26.208 will replace 23.26(e) and 23.28(f)
pertaining to notice; 23.26(g) and 23.28(h) pertaining to
administrative review; 23.26(h) and 23.28(i) pertaining to
approval or denial of applications; 23.26(i) and 23.28(j)
pertaining to review of applications after docketing; 23.26(k)
and 23.28(1) pertaining to reporting requirements; 23.27(e)
and 23.28(o) pertaining to review of cost standards; and
23.26(m) and 23.28(p) pertaining to provisions for small
local exchange companies. In order to incorporate the similar
provisions in 23.26(e) and 23.28(f) pertaining to notice, the
commission proposes new subsection (c) which details the
general requirements of notice. Those provisions in 23.26(e)
and 23.28(f) which specifically pertain to new and experimental
services or promotional services have been included in either
26.209 or 26.210. The commission proposes to add a
new subsection (h) pertaining to withdrawal of a service.
The addition of 26.208(h) is intended to incorporate existing
commission practice regarding withdrawal of a service.
Proposed new 26.209 will replace 23.26(a), (c), (d), (j), and
(I). Section 23.26(b) has not been included in 26.209, as these
definitions have been moved to 26.5 of this title (relating to
Definitions).
Proposed new 26.210 will replace 23.28(a), (b), (d), (e),
(k), (m), and (n). Section 23.28(c) has not been included
in 26.210, as these definitions have been moved to 26.5
of this title (relating to Definitions). In existing 23.28(b) and
(e) part of a sentence was inadvertently deleted in the last
amendment to 23.28. In subsection (b), this omitted wording,
"may obtain authorization for offering promotional rates for the
purpose of increasing long term demand for a service and/or
utilizing unused capacity of the DCTU's" has been inserted back
into the subsection between "...by which DCTUs" and "network".
In subsection (e) (proposed 26.210(d)) the omitted wording,
"which has inadequate resources to produce the required cost
information to meet the standard and if the presiding officer" has
been inserted back into the second sentence between "...an
unreasonable burden on a DCTU" and "determines that an
appropriate alternative cost standard is available."
Proposed new 926.211 will replace 23.27(a) - (d), and (f).
Proposed new 26.212 will replace 23.25. The commission
proposes to delete some definitions from 23.25, as these
definitions have been moved to 26.5 of this title (relating to
Definitions). The changes to 26.212(h)(4), (i)(3), and (k)(3),
which delay the staff recommendation filing date until five
days after the intervention deadline, will allow staff time to24 TexReg 22 January 1, 1999 Texas Register
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Texas. Secretary of State. Texas Register, Volume 24, Number 1, Pages 1-223, January 1, 1999, periodical, January 1, 1999; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113872/m1/24/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.