Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 24.
POLICY STATEMENTS
The Public Utility Commission of Texas (commission) adopts the repeal
of Chapter 24, relating to Policy Statements, as published in the May 9, 2003,
issue of the
Texas Register
(28 TexReg 3794).
Chapter 24 consist of §24.10, relating to Purpose and Scope of Policy
Statements; §24.31, relating to General Policy Regarding Telecommunications
Utilities; §24.32, relating to Universal Service; and §24.33, relating
to Advanced Telecommunications Infrastructure. This repeal is adopted under
Project Number 27543.
Pursuant to the Texas Government Code, Administrative Procedure Act (APA), §2001.039,
Agency Review of Existing Rules, the commission reviewed Chapter 24 in Project
Number 22067,
Review of Agency Rules Pursuant to
the Administrative Procedure Act §2001.039 for Fiscal Years 2000 - 2003
. The commission found that Chapter 24 should be repealed. Chapter
24 was adopted in March of 1995 to establish the commission's broad policy
goals regarding telecommunications that would be considered, where applicable,
in each contested case or rulemaking presented for decision. The policy goals
stated in §24.10 and §24.31 are found in the commission's enabling
statute, the Public Utility Regulatory Act, Texas Utilities Code Annotated §11.002
and §51.001 (Vernon 1998, Supplement 2003) (PURA). These policy goals
are now also established in the commission's substantive rules in Chapter
26. Section 24.32, Universal Service, was adopted prior to the commission
adopting its substantive rules regarding universal service. The statutory
requirements for universal service can be found in PURA, Chapter 56, Subchapter
B, Universal Service Fund (USF). The commission's rules implementing the requirements
for universal service were first adopted in February of 1998 in Chapter 23
and later reorganized under Chapter 26, Subchapter P, Texas Universal Service
Fund. Section 24.33 discusses the commission's policy regarding advanced telecommunications
infrastructure. The statutory requirements for advanced telecommunications
infrastructure are located in PURA, Chapter 58, Subchapter F, General Infrastructure
Commitment, and PURA, Chapter 59, Subchapter B, Infrastructure Incentives.
In addition, the commission has adopted the following substantive rules implementing
its policy on advanced telecommunications infrastructure: §26.276, Unbundling;
and §26.283, Infrastructure Sharing. Now that the commission's policy
regarding universal service and advanced telecommunications infrastructure
is established in PURA and its substantive rules, the need for the policy
statements in Chapter 24 no longer exists.
The commission received no comments on the proposed repeal.
Subchapter A. GENERAL
16 TAC §24.10
This repeal is adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2003) (PURA) which provides the commission with the authority to make and
enforce rules reasonably required in the exercise of its powers and jurisdiction
and the Texas Government Code, Administrative Procedure Act, §2001.039
(Vernon 2000, Supplement 2003) which requires the commission to review and
consider for readoption each of its rules and as a result of the review to
readopt, readopt with amendments or repeal a rule.
Cross Reference to Statutes: Public Utility Regulatory Act §§11.002,
14.002, 51.001; Chapter 56, Subchapter B; Chapter 58, Subchapter F; and Chapter
59, Subchapter B.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 29, 2003.
TRD-200304604
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: August 18, 2003
Proposal publication date: May 9, 2003
For further information, please call: (512) 936-7223
16 TAC §§24.31 - 24.33
This repeal is adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2003) (PURA) which provides the commission with the authority to make and
enforce rules reasonably required in the exercise of its powers and jurisdiction
and the Texas Government Code, Administrative Procedure Act, §2001.039
(Vernon 2000, Supplement 2003) which requires the commission to review and
consider for readoption each of its rules and as a result of the review to
readopt, readopt with amendments or repeal a rule.
Cross Reference to Statutes: Public Utility Regulatory Act §§11.002,
14.002, 51.001; Chapter 56, Subchapter B; Chapter 58, Subchapter F; and Chapter
59, Subchapter B.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on July 29, 2003.
TRD-200304605
Rhonda G. Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: August 18, 2003
Proposal publication date: May 9, 2003
For further information, please call: (512) 936-7223
Subchapter H. ELECTRONIC PUBLISHING
Subchapter B. TELECOMMUNICATIONS UTILITIES
Chapter 26.
SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS