16 TAC §26.102, §26.107
The Public Utility Commission of Texas (commission) proposes
amendments to §26.102 relating to Registration of Pay Telephone Service
Providers and §26.107 relating to Registration of Interexchange Carriers,
Prepaid Calling Services Companies, and Other Nondominant Telecommunications
Carriers. The proposed amendments will clarify and simplify the registration
process for pay telephone service providers and annually update required information.
Project Number 23236 has been assigned to this proceeding.
The commission is also considering revisions to the
Texas Pay Telephone Service Provider Application
form and is accepting
comments on the proposed form. The revised form that is under consideration
may be obtained from the commission's Central Records Division or through
the Project Number 23236 web page at: http://www.puc.state.tx.us/rules/rulemake/23236/23236.cfm
Betsy Tyson, Network Analyst, Telecommunications Division and Mark Gladney,
Attorney, Legal Division, have determined that for each year of the first
five-year period the proposed sections are in effect there will be no fiscal
implications for state or local government as a result of enforcing or administering
the sections.
Ms. Tyson and Mr. Gladney have determined that for each year of the first
five years the proposed sections are in effect the public benefit anticipated
as a result of enforcing the sections will be more accurate information on
this industry, increased protection of customers in a competitive environment,
and increased enforcement. There will be no effect on small businesses or
micro-businesses as a result of enforcing these sections. There is no anticipated
economic cost to persons who are required to comply with the sections as proposed.
Ms. Tyson and Mr. Gladney have also determined that for each year of the
first five years the proposed sections are 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 amendments and form (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 sections.
The commission will consider the costs and benefits in deciding whether to
adopt the section. All comments should refer to Project Number 23236.
These amendments are proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2001) (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 §55.173, which provides that a
Pay Telephone Service Provider must register with the commission.
Cross Reference to Statutes: Public Utility Regulatory Act, §14.002;
Chapter 15, Subchapter B; Chapter 17, Subchapter B; and Chapter 55, Subchapter
H.
§26.102.Registration of Pay Telephone Service Providers.
(a)
Process.
All pay telephone service (PTS) providers
must register with the commission, using commission-prescribed forms, in order
to do business in the state of Texas. [
Registration requires disclosure
of the physical location of each of the registrant's pay telephones; the registrant
must update this information for any phone with a change in status. Information
related to the physical location of pay telephones shall be confidential unless
the Attorney General issues a letter opinion, or a court of competent jurisdiction
rules otherwise. Updated filings shall be made with the commission within
45 days after the periods ending December 31 and June 30 of each calendar
year.
]The commission shall provide each registrant with proof of registration
within 30 days
from the date the application is received, unless the
application remains incomplete
[
of filing
].
(b)
Application form. The application form
shall request information deemed necessary by the commission in order to analyze
this segment of the telecommunications market, monitor technological changes
and advances, encourage a competitive environment, and protect the public
interest.
(c)
Disclosure of location. Registration requires
disclosure of the location, by county, of each of the registrant's pay telephones.
Each certificated telecommunications utility (CTU) shall maintain a list of
the physical location of all pay telephones the CTU connects to the network
and shall provide the physical location of a pay telephone under investigation
by the commission upon request by the commission. Information related to the
physical location of pay telephones shall be confidential unless the Attorney
General issues a letter opinion or a court of competent jurisdiction rules
otherwise. All confidential information shall be provided to the commission
pursuant to §22.71(d) of this title (relating to Filing of Pleadings,
Documents and Other Materials).
(d)
Updates. All PTS providers shall annually
refile a registration form with the commission no later than July 31 of each
calendar year.
(e)
[
(b)
]
Network Access. CTUs
[
Certificated telecommunications utilities (CTU)
] shall not provide pay
telephone access service (PTAS) to a
provider
[
person
]
required to be registered under this section, unless that
provider presents
[
person provides
] a commission-supplied proof of registration.
(f)
Compliance enforcement.
(1)
Administrative penalties. If the commission finds that
a registrant has violated any provision of this section, the commission shall
notify the registrant by certified mail to take corrective action. If the
registrant has not corrected the violation within ten working days from receipt
of the notification letter a hearing pursuant to this section may be scheduled,
as necessary, and the registrant may be subject to administrative penalties
and other enforcement actions pursuant to Public Utility Regulatory Act (PURA),
Chapter 15 and §22.246 of this title (relating to Administrative Penalties).
(2)
Revocation or suspension. If the commission finds that
a registrant is repeatedly in violation of PURA or commission rules, the commission
may suspend or revoke a registration pursuant to PURA, Chapter 17 or PURA §55.180.
(3)
Enforcement. The commission shall coordinate its enforcement
efforts regarding the prosecution of fraudulent, misleading, deceptive, and
anticompetitive business practices with the Office of the Attorney General
in order to ensure consistent treatment of specific alleged violations.
§26.107.Registration of Interexchange Carriers, Prepaid Calling Services Companies, and Other Nondominant Telecommunications Carriers.
(a)
Application. This section applies to the registration of
persons and entities who provide intralata and interlata long distance telecommunications
services, prepaid calling services companies pursuant to §26.34 of this
title (relating to Telephone Prepaid Calling Services), [
pay telephone
service providers pursuant to §26.102 of this title (relating to Registration
of Pay Telephone Service Providers),
]and other telecommunications services
that do not require certification as established in the Public Utility Regulatory
Act (PURA), Chapter 54, Subchapter C; except as noted in PURA §51.002(10)
(relating to Definitions).
(b)-(e)
(No change.)
(f)
Compliance enforcement.
(1)
Administrative penalties. If the commission finds that
a registrant has violated any provision of this section, the commission shall
order the registrant to take corrective action, as necessary, and the registrant
may be subject to administrative penalties and other enforcement actions pursuant
to PURA, Chapter 15
and §22.246, of this title (relating to Administrative
Penalties).
(2)
(No change.)
(3)
Enforcement. The commission shall coordinate its enforcement
efforts
regarding the prosecution
of fraudulent, misleading, deceptive,
and anticompetitive business practices with the Office of the Attorney General
in order to ensure consistent treatment of specific alleged violations.
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 February 16, 2001.
TRD-200100971
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: April 1, 2001
For further information, please call: (512) 936-7308