Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 26.
SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
Subchapter N. PAY TELEPHONE SERVICE
16 TAC §26.345, §26.346
The Public Utility Commission of Texas (commission) proposes
amendments to §26.345, relating to Posting Requirements for Pay Telephone
Service Providers and §26.346, relating to Rates and Charges for Pay
Telephone Service. The proposed amendments will: (1) add a sentence to §26.346(a)
so that it is consistent with §55.1735 of the Public Utility Regulatory
Act (PURA), regarding charges for pay phone access lines; (2) replace "pay
telephone service" with the acronym "PTS" in §26.346(b)(1); (3) replace
the rate table under §26.346(b)(1)(F) with a new rate table that provides
for a single blended per minute rate calculated by averaging all of the mileage
band rates; (4) add a new paragraph (3) to §26.346(b) to make the rule
consistent with PURA §§58.051, 58.151 and 58.152, regarding electing
companies; and (5) add language to §26.345(a)(3) requiring a pay telephone
service provider to notify the commission of changes to payphone placards
within 30 days. Project Number 31957 is assigned to these proposed amendments.
Harry Deckard, Attorney, Legal Division and Stephen Mendoza, Network Analyst,
Infrastructure Reliability Division, have determined that for each year of
the first five-year period the proposed amendments are in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the proposed amendments.
Mr. Deckard and Mr. Mendoza have determined that for each year of the first
five years the proposed amendments are in effect the public will benefit because
it will receive customer refunds for money lost due to failed pay telephone
service calls more efficiently. There will be no adverse economic effect on
small businesses or micro-businesses as a result of enforcing these amendments.
There will be no direct economic costs to persons who are required to comply
with the proposed amendments; however, there may be economic costs to telecommunications
companies that must comply with the proposed amendments. However, it is believed
that the benefits accruing from implementation of the proposed amendments
will outweigh those costs.
Mr. Deckard and Mr. Mendoza have also determined that for each year of
the first five years the proposed amendments are in effect there should be
no effect on a local economy. Therefore no local employment impact statement
is required under Administrative Procedure Act, Texas Government Code §2001.022.
Comments on the proposed amendments 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. Sixteen copies
of comments to the proposed amendments are required to be filed pursuant to §22.71(c)
of this title. Comments should be organized in a manner consistent with the
organization of the proposed amendments. The commission invites specific comments
regarding costs associated with, and benefits gained by, implementing the
proposed amendments. The commission will consider the costs and benefits in
deciding whether to adopt the amendments. All comments should refer to Project
Number 31957.
This amendment is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2005) (PURA), which authorizes the Public Utility Commission to make and enforce
rules reasonably required in the exercise of its powers and jurisdiction.
Section 55.1735 grant(s) the commission the authority to cap the charge or
surcharge a local exchange company may impose for an access line used to provide
pay telephone service in an exchange so it does not exceed the charge or surcharge
the company imposes for an access line used for regular business purposes
in that exchange.
Cross Reference to Statutes: Public Utility Regulatory Act, §§14.002,
55.1735, 55.1759, 58.051, 58.151 and, 58.152.
§26.345.Posting Requirements for Pay Telephone Service Providers.
(a)
The pay telephone service (PTS) provider must attach to
each instrument a card that provides:
(1) - (2)
(No change.)
(3)
notice stating the name, address, and ten digit telephone
number for the pay telephone owner or agent providing the set, and providing
the name and toll-free telephone number of the owner or agent responsible
for refunds and repairs;
the PTS provider shall maintain current information
on the placard at all times and shall notify the commission in writing of
any changes to the business telephone number of the pay telephone owner, or
changes of the physical address from which the pay telephone owner operates,
within thirty calendar days of such change;
and
(4) - (5)
(No change.)
(b) - (f)
(No change.)
§26.346.Rates and Charges for Pay Telephone Service Providers .
(a)
Rate structure. Certificated telecommunications utility
(CTU) rates for wholesale service must be designed on a flat access line and/or
a local message usage rate basis. Multi-element measured rates are prohibited.
In areas without measuring capabilities, the CTU may use a flat rate usage
surrogate instead of a per call message rate. Measurement capabilities are
defined as the capability in place to measure and bill pay telephone usage
without incurring unreasonable expense.
The charge or surcharge a CTU
imposes for an access line used to provide pay telephone service (PTS) in
an exchange may not exceed the amount of the charge or surcharge the CTU imposes
for an access line used for regular business purposes in that exchange.
(b)
Charges.
(1)
A
PTS
[
(A) - (E) (No change.)
(F) charge no more than these rate caps for intrastate long
distance and operator-assisted calls at Texas pay phones:
Figure: 16 TAC §26.346(b)(1)(F) (.pdf)
(2) (No change.)
(3) The requirements of paragraph (1)(B) and
(D) through (F) of this subsection do not apply to electing local exchange
companies.
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 July 20, 2006.
TRD-200603829
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: September 3, 2006
For further information, please call: (512) 936-7223
pay telephone service (PTS)
]
provider must: