16 TAC §22.341
The Public Utility Commission of Texas (commission) proposes
an amendment to §22.341 relating to Approval of Amendments to Existing
Interconnection Agreements. Project Number 20531 has been assigned to this
proceeding. The amendment proposes delegating to staff the authority to approve
uncontested amendments to interconnection agreements through the administrative
review process in order to expedite the approval of these amendment applications.
The proposed amendment also conforms §22.341 to current commission organization,
by replacing the term "general counsel" with "Office of Regulatory Affairs".
Paula Mueller, deputy chief, Office of Regulatory Affairs, 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.
Ms. Mueller has determined that for each year of the first five years the
proposed section is in effect the public benefits anticipated as a result
of enforcing the section will be expedited approval for uncontested applications
to amend an existing interconnection agreement and rules that more accurately
reflect commission organization. There will be no effect on small 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.
Ms. Mueller 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 amendment (16 copies) may be submitted to the
Filing Clerk, Public Utility Commission of Texas, 1701 N. Congress Avenue,
PO Box 13326, Austin, Texas 78711-3326, within 30 days after publication.
The Appropriations Act of 1997, HB 1, Article IX, §167 requires that
each state agency review and consider for readoption each rule adopted by
that agency pursuant to the Government Code, Chapter 2001 (Administrative
Procedure Act). Such reviews shall include, at a minimum, an assessment by
the agency as to whether the reason for adopting or readopting the rule continues
to exist. The commission invites specific comments regarding whether the reason
for adopting this section continues to exist in considering the proposed amendment.
The commission also 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 amendment. All comments should refer to Project Number 20531 and
reference Procedural Rules, Subchapter R.
This amendment is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 and §14.052 (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, including rules of practice and procedure; and the federal
Telecommunications Act of 1996 which authorizes the commission to engage in
negotiations, arbitration, approval, and enforcement of agreements for interconnection,
services or network elements.
Cross-Index to Statutes: Public Utility Regulatory Act §14.002 and
§14.052.
§22.341.Approval of Amendments to Existing Interconnection Agreements.
(a) - (b)
(No change.)
(c)
Proceeding.
(1)
Administrative review and approval. An
application considered under this section shall be administratively reviewed
and approved by the presiding officer unless the presiding officer determines
that a formal review of the application is appropriate pursuant to paragraph
(2) of this subsection.
(2)
Formal review. The presiding officer
may determine that a formal review is necessary to determine if the negotiated
agreement meets the requirements of the FTA96 §252. At a minimum, the
commission will allow interested persons and the Office of Regulatory Affairs
to file written comments, provided the comments are filed within 25 days of
the filing of the application.
[
An application considered under
this section shall be reviewed by commission staff unless the commission,
for good cause, determines at any point during the review that a formal review
process pursuant to Subchapter P, §22.308 of this title (relating to
Approval of Negotiated Agreements) or §22.309 of this title (relating
to Approval of Arbitrated Agreements) is necessary. The commission staff may
issue a procedural order establishing additional procedural requirements.
]
(d)
(No change.)
(e)
Comments. An interested person or the
Office of Regulatory
Affairs
[
general counsel
] may file comments on the amended
agreement by filing 13 copies of the comments with the commission's filing
clerk and serving a copy of the comments on each party to the agreement within
20 days of the filing of the application. The comments shall include the following
information:
(1) - (3)
(No change.)
(f)
(No change.)
(g)
Final Decision.
(1)
Administrative approval. The
commission delegates its authority to the presiding officer to administratively
approve or deny any interconnection agreement amendments subject to the administrative
review process in subsection (c)(1) of this section. The notice of approval
or denial shall be issued within 35 days of the filing of the application.
If a notice of denial is filed, the notice of denial shall include written
findings indicating any deficiencies in the agreement.
(2)
Formal approval. When
an amendment to an interconnection agreement is subject to the formal review
process in subsection (c)(2) of this section, the commission will issue its
final decision on the amendment within 90 days following the filing of the
application. The commission's final decision may reject the amendment as submitted,
approve the amendment as submitted, or approve the amendment with modifications
necessary to establish or enforce compliance with other requirements of state
law. If the commission rejects the amendment, the final decision will include
written findings indicating any deficiencies in the amendment.
(h)
Rehearing regarding administratively
approved amendments to existing interconnection agreements.
(1)
On the first and fifteenth day of each month
the presiding officer shall file a monthly status report, in a project created
for that purpose, listing all of the amendments to existing interconnection
agreements administratively approved since the previous report.
(2)
Motions for reconsideration seeking commission
review of any amendment in a status report shall be filed within ten days
of the filing of that report. All motions for reconsideration shall state
any claimed error with specificity.
(3)
Upon the filing of a motion for reconsideration,
the Office of Policy Development shall send separate ballots to each commissioner
to determine whether the docket should be placed on an open meeting agenda.
If a majority of commissioners ballot to reconsider the motion within five
days of its filing, the amendment shall be considered at the next open meeting
for which notice of the docket may properly be made. If balloted for reconsideration,
the amendment shall be considered interimly approved until considered at open
meeting.
(i)
[
(g)
] Filing of agreement. If the
commission approves the amendments to the agreement, the parties to the agreement
shall file a complete amended interconnection agreement with the commission's
filing clerk, if one has not already been filed, within ten days of the commission's
decision.
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
March 10, 1999.
TRD-9901484
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: April 25, 1999
For further information, please call: (512) 936-7308