Texas Register
will publish this section as all
new text. Persons who desire a copy of the proposed new section as it reflects
changes to the existing section in Chapter 23 may obtain a redlined version
from the commission's Central Records under Project Number 17709.
Other changes specific to each section:
Section 23.95(c)(9), (c)(10), (d)(9), and (d)(10) have not been included
in proposed new 26.172. The sections relate to the use of a generic ballot
and generic balloting instructions. The commission does not believe the use
of a generic ballot or generic balloting instruction is necessary when a telephone
cooperative is voting on its status of deregulation. The modification also
removes the telephone cooperatives' requirement to file with the commission
any alternative ballot language or alternative voting instructions.
Subsection (g) has been added to the rule. The subsection, titled "Reporting
requirements," requires cooperatives to notify the commission when it votes
to deregulate or reverse its deregulation. This reporting requirement will
assist the commission in compiling an accurate list of telephone cooperatives
that are deregulated.
James Ezell, assistant general counsel, Office of Regulatory Affairs-Legal
Division, has determined that for each year of the first five-year period
the proposed section is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the section.
Mr. Ezell has determined that for each year of the first five years the
proposed section is in effect the public benefit anticipated as a result of
enforcing the section will be to provide to all of the state's citizens adequate
and efficient telecommunications service by facilitating the small incumbent
local exchange carriers' abilities to offer, in a more timely manner, to subscribers
those technologically advanced services that are available in metropolitan
areas from large incumbent local exchange companies. There will be no effect
on small businesses or micro businesses as a result of enforcing this section.
There is no anticipated economic cost to persons who are required to comply
with the section as proposed.
Mr. Ezell has also determined that for each year of the first five years
the proposed section is in effect there should be no affect on a local economy,
and therefore no local employment impact statement is required under Administrative
Procedure Act §2001.022.
Comments on the proposed new rule (16 copies) may be submitted to the Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326, within 30 days after publication. The
commission invites specific comments regarding the costs associated with,
and benefits that will be gained by, implementation of the proposed section.
The commission will consider the costs and benefits in deciding whether to
adopt the section. The commission also invites specific comments regarding
the Section 167 requirement as to whether the reason for adopting or readopting
the rule continues to exist. All comments should refer to Project Number 17709.
This new rule is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998) (PURA), which
provides the Public Utility Commission with the authority to make and enforce
rules reasonably required in the exercise of its powers and jurisdiction;
and specifically, PURA §53.306 which grants the commission authority
to review changes proposed under Subchapter G.
Cross-Index to Statutes: Public Utility Regulatory Act §14.002 and
§§53.301 - 53.308.
§26.172.Voting Procedures for Partial Deregulation or Reversal of Partial Deregulation of Telephone Cooperatives.
(a)
Purpose. A cooperative seeking to partially deregulate
or to reverse partial deregulation shall utilize the voting procedures required
in this section.
(b)
Definition. The term "majority vote" shall mean a vote
of more than 50% of the valid ballots returned by the cooperative's members.
(c)
Balloting. Balloting by a cooperative shall comply with
the requirements in this subsection.
(1)
A ballot and a postage-paid return envelope, or a ballot
on a postage-paid postcard addressed to the cooperative, and instructions
shall be provided to each member of the cooperative.
(2)
Materials required in paragraph (1) of this subsection
may be provided as bill inserts or as a separate mailing.
(3)
The ballot shall be printed as a separate form on
paper that is a different color from any other paper contained in the same
mailing and shall be contained on one page or postcard.
(4)
Ballots shall be written in English and in Spanish
if §26.26 of this title (relating to Spanish Language Requirements) is
applicable.
(5)
The ballot shall be entitled:
(A)
"BALLOT SEEKING THE PARTIAL DEREGULATION OF (NAME OF COOPERATIVE)"
if the ballot is one for partial deregulation; or
(B)
"BALLOT SEEKING TO REVERSE THE PARTIAL DEREGULATION OF
(NAME OF COOPERATIVE)" if the ballot is one to reverse partial deregulation.
(6)
Each ballot shall:
(A)
provide brief instructions to mark with an "X" either the
box "FOR" or "AGAINST" the action that is the subject of the balloting;
(B)
provide in boldface type that is larger than surrounding
text the date certain by which the ballot must be postmarked for tabulation;
and
(C)
contain a box labeled "FOR Authorizing the Partial Deregulation
of the (Name of the Cooperative)" and a box labeled "AGAINST Authorizing
the Partial Deregulation of the (Name of the Cooperative)" if the ballot is
one to partially deregulate, or contain a box labeled "FOR Authorizing the
Reversal of Partial Deregulation of the (Name of the Cooperative)" and a box
labeled "AGAINST Authorizing the Reversal of Partial Deregulation of the (Name
of the Cooperative)" if the ballot is one to reverse partial deregulation.
(7)
Ballots must include the statement "By signing
this ballot, I affirm that I am the member to whom this ballot was addressed"
and must provide, following the statement, lined spaces for the member to
provide his or her printed name, address, telephone number, and signature.
(8)
Ballots shall not contain any statement regarding
how a member should cast a vote on the action that is the subject of the balloting.
(d)
Instructions for balloting. Instructions for balloting
by a cooperative shall comply with the requirements in this subsection.
(1)
Instructions for balloting shall accompany each ballot
provided to a member of the cooperative.
(2)
Instructions shall be printed as a form separate from
the ballot and any other insert provided in the same mailing and shall be
provided in English and in Spanish, if §26.26 (relating to Spanish Language
Requirements) is applicable.
(3)
Instructions shall be entitled:
(A)
"INSTRUCTIONS FOR BALLOT SEEKING THE PARTIAL DEREGULATION
OF (NAME OF COOPERATIVE)" if the ballot is one for partial deregulation; or
(B)
"INSTRUCTIONS FOR BALLOT SEEKING TO REVERSE THE PARTIAL
DEREGULATION OF (NAME OF COOPERATIVE)" if the ballot is one to reverse partial
deregulation.
(4)
Instructions shall explain in plain language
the meaning of:
(A)
partial deregulation and the effects of partial deregulation,
if the vote is one to partially deregulate; or
(B)
reversal of partial deregulation and the effects of reversal
of partial deregulation, if the vote is one to reverse partial deregulation.
(5)
Instructions must state in boldface type that
is larger than surrounding text the date certain by which the ballot must
be postmarked for tabulation.
(6)
Instructions shall explain that a ballot must be returned
for tabulation via U.S. mail.
(7)
Instructions shall not contain any statement regarding
how a member should cast a vote on the action that is the subject of the balloting.
(8)
Instructions shall define majority vote and shall
explain that a majority vote is required in order to achieve the action that
is the subject of the balloting.
(e)
Tabulation of ballots.
(1)
A ballot will be tabulated if it:
(A)
contains a mark in the box either "FOR" or "AGAINST" the
action being sought;
(B)
is postmarked for tabulation within 45 days following the
date that ballots are mailed to members; and
(C)
is returned via U.S. mail.
(2)
The following votes will not be tabulated:
(A)
a ballot for which neither a "FOR" nor an "AGAINST" vote
is cast;
(B)
a ballot for which both a "FOR" and an "AGAINST" vote is
cast;
(C)
a ballot that represents a second vote for the member;
(D)
a ballot for which the procedures required by this section
are not followed;
(E)
a ballot for which the envelope or postcard bears a postmark
later than the 45th day following the date the ballot or postcard was mailed
to the member.
(F)
a ballot that represents a vote from a non-member customer.
(G)
a ballot which represents a proxy vote.
(H)
a ballot for which the envelope or postcard bears no legible
postmark from the U.S. Postal Service unless it is received by the cooperative
via the U.S. mail within 45 days following the date the ballot or postcard
was mailed to the member.
(f)
Retention of Ballots.
(1)
A cooperative shall retain for 90 days after the end of
the 45 day voting period all ballots and envelopes returned by the members
in the voting process.
(2)
During the 90 day retention period a cooperative shall
produce the ballots and envelopes to the commission for inspection if so requested
by the commission.
(g)
Reporting Requirement. Any telephone cooperative deregulated
prior to the effective date of this section shall file a letter with the commission
within 30 days from the effective date of this section. Any telephone cooperative
deregulated or reversing its deregulation after the effective date of this
section shall file a letter with the commission within 30 days of deregulation
or reversal of deregulation. The letter shall state whether the cooperative
is partially deregulating or reversing deregulation, the date of the change,
and whether its members approved the change. The letter shall be filed in
Project Number 21122.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
August 13, 1999.
TRD-9905101
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: September 26, 1999
For further information, please call: (512) 936-7308
Subchapter R. Provisions Relating to Municipal Regulation and Rights-of-Way-Management
16 TAC §26.461
The Public Utility Commission of Texas (commission) proposes
new §26.461, relating to Access Line Categories. The proposed new rule
implements the provisions of House Bill 1777, 76th Legislature, Regular Session
(1999). The proposed new rule will establish three competitively neutral categories
of access lines for statewide use in establishing a uniform method for compensating
municipalities for use of the public rights-of-way by certificated telecommunications
providers. Project Number 20935 has been assigned to this proceeding.
D. Diane Parker, Senior Attorney, Office of Policy Development and Elango
Rajagopal, Senior Policy Analyst, Office of Regulatory Affairs, have determined
that for each year of the first five-year period the proposed section is in
effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the section.
Ms. Parker and Mr. Rajagopal have determined that for each year of the
first five years the proposed section is in effect the public benefit anticipated
as a result of enforcing the section will be to minimize the effects of rate
increases on telephone customers attributable to changes in the way municipalities
are compensated for the use of public rights-of-way. In addition, the categories
as proposed are anticipated to make the deployment of advanced telecommunication
services affordable to residential customers. As a result of enforcing this
section, small telecommunications businesses or micro-businesses will be required
to invest in new billing software for tracking and categorizing access lines.
The economic cost to persons who are required to comply with the section as
proposed cannot be determined due to the diverse billing systems used in the
telecommunications industry.
Ms. Parker and Mr. Rajagopal have also determined that for each year of
the first five years the proposed section is in effect there should be no
effect on a local economy, and therefore no local employment impact statement
is required under Administrative Procedure Act §2001.022.
Comments on the proposed new rule (16 copies) may be submitted to the Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O.
Box 13326, Austin, Texas 78711-3326, within 20 days after publication. The
commission invites specific comments regarding the costs associated with,
and benefits that will be gained by, implementation of the proposed section.
The commission will consider the costs and benefits in deciding whether to
adopt the section. Additionally, the commission seeks comment on whether the
dividing line of 6.44 Mbps between proposed category 2 and category 3 is appropriate
to address changes in technology in the provisioning of advanced telecommunications
services. Should the commission review this proposed division in the future,
and if so, how often? All comments should refer to Project Number 20935.
This new rule is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998) (PURA), which
provides the Public Utility Commission with the authority to make and enforce
rules reasonably required in the exercise of its powers and jurisdiction.
This proposed rule is also authorized by House Bill 1777, 76th Legislature,
Regular Session (1999) §283.055 which provides that not later than November
1, 1999, the commission shall establish not more than three categories of
access lines for statewide use.
Cross-Index to Statutes: Public Utility Regulatory Act §14.002 and
House Bill 1777, 76th Legislature, Regular Session (1999) §283.055.
§26.461.Access Line Categories.
(a)
Purpose. This section establishes three competitively neutral,
non-discriminatory categories of access lines for statewide use in establishing
a uniform method for compensating municipalities for the use of a public right-of-way
by certificated telecommunications providers (CTPs).
(b)
Application. The provisions of this section apply to CTPs,
as defined by subsection (c)(2) of this section, and to municipalities in
the State of Texas.
(c)
Definitions. The following words and terms when used in
this section, shall have the following meaning, unless the context clearly
indicates otherwise.
(1)
Access lines - As defined in Local Government Code §283.002
(1).
(2)
Certificated telecommunications provider (CTP) - A
person who has been issued a certificate of convenience and necessity, certificate
of operating authority, or service provider certificate of operating authority
by the commission to offer local exchange telephone service.
(3)
Customer - An end-use customer.
(4)
Public right-of-way - The area on, below, or above
a public roadway, highway, street, public sidewalk, alley, waterway, or utility
easement in which the municipality has an interest. The term does not include
the airways above a right-of-way with regard to wireless telecommunications.
(d)
Access line categories. There shall be three categories
of access lines. The three categories shall be as follows:
(1)
Category 1 shall include both analog and digital residential
access lines, regardless of the bit rate delivered to the end use customer.
This category shall not include point-to-point or private lines.
(2)
Category 2 shall include all analog and digital non-residential
access lines. For digital lines the bit rate delivered to the end use customer
by each access line shall be less than or equal to 6.44 Mbps. This category
shall also include residential and non-residential point-to-point lines or
private lines. For digital point-to-point or private lines the bit rate delivered
to the end use customer shall be less than or equal to 6.44 Mbps.
(3)
Category 3 shall include all digital non-residential
access lines where the bit rate delivered to the end use customer by each
access line shall be greater than 6.44 Mbps. This category shall also include
residential and non- residential point-to-point lines or private lines where
the bit rate delivered to the end use customer shall be greater than 6.44
Mbps.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
August 13, 1999.
TRD-9905077
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: September 26, 1999
For further information, please call: (512) 936-7308