PART 2. PUBLIC UTILITY COMMISSION OF TEXAS
CHAPTER 26. SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
SUBCHAPTER C. INFRASTRUCTURE AND RELIABILITY
The Public Utility Commission of Texas (commission) proposes new §26.57 relating to the requirements for a certificate holder's use of an alternate technology to meet its provider of last resort (POLR) obligations. The rule will establish minimum service quality standards for a certificate holder that uses alternate technology to meet its POLR obligations in providing basic local telecommunications services. Project Number 31958 is assigned to this proceeding.
Nara Srinivasa, Director of the Reliability and Licensing Section in the Infrastructure and Reliability Division, has determined that for each year of the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.
Mr. Srinivasa, has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be the implementation of Public Utility Regulatory §54.251(c), which requires the commission to establish requirements for a certificate holder's use of an alternate technology to meet its POLR obligations. There will be no adverse economic effect on small businesses or micro-businesses as a result of enforcing this section. Therefore, no regulatory flexibility analysis is required. There will be no economic costs to persons who are required to comply with the rule, because the rule will give certificate holders the option to use alternate technologies to provide POLR service when those technologies are more appropriate than traditional circuit-switched wireline or landline technologies.
Mr. Srinivasa has also determined that for each year of the first five years the rule 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 (APA), Texas Government Code §2001.022.
Initial comments on the rule 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 on the rule are required to be filed pursuant to §22.71(c) of this title. Reply comments may be submitted within 45 days after publication. Comments should be organized in a manner consistent with the organization of the rule. The commission invites specific comments regarding the costs associated with, and benefits that will be gained by, implementation of the rule. The commission will consider the costs and benefits in deciding whether to adopt the rule. All comments should refer to Project Number 31958.
This rule is proposed under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon 2007 and Supp. 2008) (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 §54.251(c) which requires the commission to establish requirements for a certificate holder's use of an alternate technology to meet its POLR obligations.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002 and §54.251(c).
§26.57.Requirements for a Certificate Holder's Use of an Alternate Technology to Meet its Provider of Last Resort Obligation.
(a) Purpose. This section establishes the requirements that apply when the holder of a certificate holder uses an alternate technology to meet its provider of last resort (POLR) obligations.
(b) Definitions. The following terms used in this section shall have the following meanings, unless the context indicates otherwise.
(1) Alternate technology--a technology other than traditional circuit-switched wireline or landline technologies.
(2) Certificate holder--a holder of a certificate of convenience and necessity or a certificate of operating authority.
(c) Application of this section. A certificate holder may use an alternate technology to meet its POLR obligations only after the commission approves the use of that alternate technology. A certificate holder must be granted approval for each type of alternate technology used to meet its POLR obligations. Unless determined otherwise by the commission, upon receiving approval to use an alternate technology to meet its POLR obligations, a certificate holder may use that technology anywhere in its service territory to meet its POLR obligations.
(d) Standards for meeting POLR obligations using an alternate technology. In using an alternate technology to meet its POLR obligations, a certificate holder shall comply with the following standards.
(1) Quality of service. Unless determined otherwise by the commission, the certificate holder shall meet applicable minimum quality of service standards comparable to the following requirements.
(A) §26.52 of this title (relating to Emergency Operations);
(B) §26.53 of this title (relating to Inspections and Tests); and
(C) §26.54 of this title (relating to Service Objectives and Performance Benchmarks).
(2) 911 Service. The certificate holder shall meet the following 911 service requirements.
(A) A certificate holder shall provide 911 services in accordance with requirements comparable to those set forth in Chapters 771 and 772 of the Texas Health and Safety Code and federal law, as applicable; and
(B) A certificate holder providing 911 service to a fixed location shall include validated address location as part of the Automatic Location Identification.
(3) Price. The service provided by the certificate holder to meet its POLR obligations in an exchange shall be offered at a price comparable to the monthly service charge for comparable services in that exchange or in the certificate holder's nearest exchange.
(e) Application to meet its POLR obligations using an alternate technology. A certificate holder shall file a detailed application demonstrating that the certificate holder meets the standards set forth in subsection (d) of this section.
(f) Commission processing of application.
(1) Notice.
(A) The commission shall provide notice in the Texas Register.
(B) The applicant shall provide additional notice as required by the commission.
(2) Sufficiency of application. A motion to find an application materially deficient shall be filed no later than 15 working days after an application is filed. The motion shall be served on the applicant such that the applicant receives it by the day after it is filed. The motion shall specify the nature of the deficiency and the relevant portions of the application, and cite the particular requirement with which the application is alleged not to comply. The applicant's response to a motion to find an application materially deficient shall be filed no later than five working days after such motion is received. If within 26 working days after the filing of the application, the presiding officer has not filed a written order concluding that material deficiencies exist in the application, the application is deemed sufficient. The presiding officer shall notify the parties of any material deficiencies by written order and the applicant must cure the deficiencies within 30 days of receipt of the order.
(3) Review of application. If the requirements of §22.35 of this title (relating to Informal Disposition) are met, the presiding officer shall issue a notice of approval or proposed order within 60 days of the date a materially sufficient application is filed unless good cause exists to extend this deadline. If the requirements of §22.35 of this title are not met, the presiding officer shall establish a procedural schedule that provides for the resolution of the issues in the proceeding.
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 11, 2009.
TRD-200900568
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: March 29, 2009
For further information, please call: (512) 936-7223
The Texas Alcoholic Beverage Commission proposes the repeal of Chapter 43, Accounting, which includes §43.1 relating to fees collected by county tax assessor and §43.11 relating to liquor prescription tax stamps.
Government Code, §2001.039, requires that each state agency review and consider for readoption every four years each rule adopted by the agency under Government Code, Chapter 2001. Sections 43.1 and 43.11 have been reviewed and the commission has determined that they are obsolete and are no longer necessary.
Specifically, §43.1 relates to sending statements to county tax assessors and their payment of those statements. It is a statement regarding only the internal management and does not affect private rights or procedures so it is inappropriate as an agency rule as that term is defined at §2001.003(6).
Section 43.11 relates to tax stamps for liquor used for medicinal purposes. This rule is obsolete. Chapter 39 of the Code relating to Medicinal Permits was repealed in 2001. Chapter 40 of the Code relating to Physician's Permit was also repealed in 2001. Additionally, §38.02 exempts pharmacists filling a prescription issued by a physician in the legitimate practice of medicine from obtaining a permit. Section 38.06 makes the use of alcohol and denatured alcohol in medicinal and pharmaceutical applications tax exempt.
Charlie Kerr, Chief Financial Officer, has determined that for the first five years that the proposed repeal is in effect there will be no fiscal impact on units of state or local government as a result of the repeal of this chapter and sections.
Mr. Kerr has determined that for the first five years following the repeal there will be no fiscal impact on small or micro-businesses. There is no anticipated impact on persons as a result of the repeal of the chapter and sections.
Sherry Cook, Assistant Administrator, has determined that for each of the first five years following the repeal it is anticipated that the public will benefit by not having obsolete rules in the laws of the State of Texas.
Comments on the proposed repeal may be addressed to Joan Bates, Deputy General Counsel, Texas Alcoholic Beverage Commission, P.O. Box 13127, Austin, Texas 78711. Comments will be accepted for 30 days following publication of the proposed repeal in the Texas Register.
SUBCHAPTER A. FEES
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Alcoholic Beverage Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The proposed repeal of the existing rules are authorized by §5.31 of the Alcoholic Beverage Code, and §2001.039 of the Government Code.
Cross Reference: Sections 5.31, 38.01, 38.02 and 38.06 of the Alcoholic Beverage Code will be affected by the proposed repeal.
§43.1.Fees Collected by County Tax Assessor.
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 11, 2009.
TRD-200900569
Alan Steen
Administrator
Texas Alcoholic Beverage Commission
Earliest possible date of adoption: March 29, 2009
For further information, please call: (512) 206-3204
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Alcoholic Beverage Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The proposed repeal of the existing rules are authorized by §5.31 of the Alcoholic Beverage Code, and §2001.039 of the Government Code.
Cross Reference: Sections 5.31, 38.01, 38.02 and 38.06 of the Alcoholic Beverage Code will be affected by the proposed repeal.
§43.11.Tax Stamps.
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 11, 2009.
TRD-200900570
Alan Steen
Administrator
Texas Alcoholic Beverage Commission
Earliest possible date of adoption: March 29, 2009
For further information, please call: (512) 206-3204