Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 25.
SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
Subchapter D. RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION
16 TAC §§25.79, 25.80, 25.85
The Public Utility Commission of Texas (commission) proposes
amendments to §25.79 relating to Equal Opportunity Reports and §25.80
relating to the Annual Report on Historically Underutilized Businesses; and
proposes new §25.85 relating to Workforce Diversity Reports. The proposed
new rule and amendments will implement the provisions of Senate Bill 7 (SB7),
Act of May 21, 1999, 76th Legislature, Regular Session, chapter 405, 1999
Texas Session Law Service 2543, 2601 (Vernon)(codified as an amendment to
the Public Utility Regulatory Act (PURA), Texas Utilities Code Annotated §39.909(c)),
which require electric utilities to file an annual report to the commission
and the legislature relating to the electric utility efforts to improve workforce
diversity and contracting opportunities for small and historically underutilized
businesses and will eliminate duplicative filing requirements. Project Number
22167 has been assigned to this proceeding.
Patricia Zacharie, Attorney, Legal Division, Office of Regulatory Affairs,
has 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 section.
Ms. Zacharie has 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 greater opportunities for minorities and
small and historically underutilized businesses and a more diverse workforce
in the State of Texas. There will be no effect on small businesses or micro-businesses
as a result of enforcing these sections. There is an anticipated economic
cost to persons who are required to comply with the sections as proposed,
which cannot be quantified at this time.
Ms. Zacharie has also determined that for each year of the first five years
the proposed sections are 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.
The commission staff will conduct a public hearing on this rulemaking under
Government Code §2001.029 at the commission's offices, located in the
William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701,
on Thursday, May 4, 2000, at 9:30 a.m.
Comments on the proposed amendments and new rule (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.
Reply comments may be submitted within 45 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 these sections.
The commission also invites specific comments regarding the following question:
Is an exemption appropriate for electric utilities whose workforce is more
than a certain percentage minority? All comments should refer to Project Number
22167.
When commenting on specific subsections of the proposed rule(s), parties
are encouraged to describe "best practice" examples of regulatory policies,
and their rationale, that have been proposed or implemented successfully in
other states already undergoing electric industry restructuring, if the parties
believe that Texas would benefit from application of the same polices. The
commission is only interested in receiving "leading edge" examples which are
specifically related and directly applicable to the Texas statute, rather
than broad citations to other state restructuring efforts.
The amendments and new rule are proposed under the Public Utility
Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon 1998 and
Supplement 2000) (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 §12.252, which
grants the commission authority to adopt and enforce rules to require each
utility subject to regulation to overcome the underuse of historically underutilized
businesses; and §39.909, which grants the commission authority to adopt
rules relating to workforce diversity reporting requirements for electric
utilities.
Cross Reference to Statutes: Public Utility Regulatory Act §§12.252,
14.002 and 39.909.
§25.79.Equal Opportunity Reports.
(a)
(No change.)
(b)
Each electric utility that files any form with local, state
or federal governmental agencies relating to equal employment opportunities
for minority group members, (e.g., EEOC Form EEO-1, FCC Form 395, RUS Form
268, etc.) shall file copies of such completed form with the commission. If
such form submitted by a multi- jurisdictional electric utility does not indicate
Texas-specific numbers, the electric utility shall also prepare, and file
with the commission a form
indicating Texas-specific numbers
, in
the same format and based on the numbers contained in the form previously
filed with local, state or federal governmental agencies[
(c)
(No change.)
(d)
Any electric utility filing with the commission any documents
described in subsections (b) and (c) of this section shall file
three
[
(e)
An electric utility that files a report with local, state
or federal governmental agencies and that is required by this section to file
such report with the commission must file the report by
December 30
[
[
§25.80.Annual Report on Historically Underutilized Businesses.
(a)
(No change.)
(b)
Every electric utility shall report its use of historically
underutilized businesses (HUBs) to the commission on a form approved by the
commission. An electric utility may submit the report on paper, or on paper
and on a diskette (in [
[
(1)
[
(2)
[
(3)
[
(4)
[
(5)
[
(c) - (d)
(No change.)
§25.85.Workforce Diversity Report.
(a)
Purpose. This section establishes annual reporting requirements
for electric utilities to report its efforts to improve workforce diversity
and contracting opportunities for small and historically underutilized businesses.
(b)
Application. This section applies to all electric utilities,
as defined in the Public Utility Regulatory Act (PURA) §31.002(6), doing
business in the State of Texas.
(c)
Terminology. In this section, "small business" and "historically
underutilized business" have the meanings assigned by Texas Government Code §481.191.
(d)
Annual report of workforce diversity. A "Report on Improving
Workforce Diversity" shall be filed annually with the commission. The report
shall be filed on or before December 30 of each year for the four prior quarters
ending on September 30 of the year the report is filed.
(e)
Filing requirements. Three copies of the Workforce Diversity
Report shall be filed with the commission's filing clerk under the project
number assigned by the Public Utility Commission's Central Records Office
for that year's filings. Electric utilities shall obtain the project number
by contacting Central Records.
(f)
Contents of the report. The annual report filed with the
commission pursuant to this section shall be filed using the Workforce Diversity
form and shall contain at a minimum the following information:
(1)
An illustration of the diversity of the electric utility's
workforce at the time of the report. If the electric utility is required to
file an Equal Opportunity Report pursuant to §25.79 of this title (relating
to Equal Opportunity Reports), a copy of that document may be attached to
this report to satisfy the requirements of this paragraph.
(2)
A description of the specific progress made under
the workforce diversity plan filed pursuant to PURA §39.909(b), including:
(A)
the specific initiatives, programs, and activities undertaken
during the preceding year; and
(B)
an assessment of the success of each of those initiatives,
programs, and activities.
(3)
An explanation of the electric utility's level
of contracting with small and historically underutilized businesses.
(4)
The extent to which the electric utility has carried
out its initiatives to facilitate opportunities for contracts or joint ventures
with small and historically underutilized businesses.
(5)
A description of the initiatives, programs, and activities
the electric utility will pursue during the next year to increase the diversity
of its workforce and contracting opportunities for small and historically
underutilized businesses.
(g)
This section may not be used to discriminate against any
citizen on the basis of race, nationality, color, religion, sex, or marital
status.
(h)
This section does not create a new cause of action, either
public or private.
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 24, 2000.
TRD-200002112
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 7, 2000
For further information, please call: (512) 936-7308
Subchapter B. CUSTOMER SERVICE AND PROTECTION
16 TAC §26.25
(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 Public Utility Commission of Texas or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Public Utility Commission of Texas (commission)
proposes the repeal of §26.25 relating to Issuance and Format of Bills.
The commission is proposing a new §26.25 relating to Issuance and Format
of Bills, to implement the mandates of the Public Utility Regulatory Act (PURA) §§55.012,
17.003(c), and 17.004(a)(8), and the Federal Communications Commission's (FCC)
Truth-in-Billing Guidelines. Due to the extensive changes from the existing
rule to the proposed rule, publishing an amendment to the existing rule is
not practical. Project Number 22130 has been assigned to the proposed repeal
of existing §26.25.
Rick Akin, Chief Policy Analyst, Office of Policy Development, has determined
that for each year of the first five-year period this repeal is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the repeal.
Mr. Akin has determined that for each year of the first five years the
repeal is in effect, the public benefit anticipated as a result of the repeal
will be elimination of a rule that no longer meets the requirements of PURA.
There will be no effect on small businesses or micro businesses as a result
of repealing this section. There is no anticipated economic cost to persons
as a result of repealing this section.
Mr. Akin has also determined that for each year of the first five years
the repeal is in effect there should be no effect on a local economy, and
therefore no local employment impact statement is required under the Administrative
Procedure Act §2001.022.
Comments on the proposed repeal (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 20 days after publication. All
comments should refer to Project Number 22130.
This repeal is proposed under the Public Utility Regulatory Act,
Texas Utilities Code Annotated §14.002 (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.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002.
§26.25. Issuance and Format of Bills.
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 24, 2000.
TRD-200002167
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 7, 2000
For further information, please call: (512) 936-7308
Subchapter B. CUSTOMER SERVICE AND PROTECTION
16 TAC §26.25
The Public Utility Commission of Texas proposes new §26.25
relating to Issuance and Format of Bills. The existing §26.25, relating
to Issuance and Format of Bills, has been proposed for repeal. (Because of
the extensive changes being proposed, publishing an amendment to the existing §26.25
is less practical than the alternative of repealing the existing section and
publishing a new §26.25.) The proposed new section seeks to establish
minimum telecommunication bill information standards and format guidelines,
to clarify information disseminated to customers in order to reduce cramming
and slamming complaints, and to streamline current bills. Proposed §26.25
establishes the minimum requirements for bill content and structure as they
relate to the mandates set forth in the Public Utility Regulatory Act (PURA) §55.012,
Telecommunications Billing; in PURA §17.003(c) and §17.004(a)(8);
and in the Federal Communications Commission's (FCC's) Truth-in-Billing guidelines
(including but not limited to identification of service provider(s), new service
providers, information regarding "deniable and non-deniable" charges, understandable
descriptions of charges, standardized labeling for charges resulting from
federal regulatory actions, and provisions for customer complaints). Proposed §26.25
also states billing frequency, content, and record-retention standards. Project
Number 22130 has been assigned to this proceeding.
Rick Akin, Chief Policy Analyst, Office of Policy Development, 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.
Mr. Akin has determined that for each year of the first five years the
proposed section is in effect, the public benefit anticipated as a result
of enforcing the section will be to decrease the confusion associated with
the proliferation of charges on telephone bills for separate services and
products and of related surcharges, fees, and taxes. This proposed section
would require certificated telecommunications utilities (CTUs) to provide
consumers with brief, clear, non-misleading language describing the content
within telephone bills that will increase bill clarity for consumers and reduce
instances of slamming and cramming. There will be no effect on small businesses
or micro- businesses as a result of enforcing this section. There will be
some anticipated economic cost to persons who are required to comply with
the section as proposed. However, the anticipated economic cost is outweighed
by the benefit to telecommunications customers in the State of Texas.
Mr. Akin has also determined that for each year of the first five years
the proposed section 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 2001.022.
The commission staff will conduct a public hearing on this rulemaking under
Government Code §2001.029 at the commission's offices, located in the
William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701,
on Tuesday, May 2, 2000. The hearing will be held in the Commissioners' Hearing
Room from 9:00 a.m. to noon.
Comments on the proposed new section (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 20 days after publication.
Reply comments may be submitted 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 section. The commission
will consider the costs and benefits in deciding whether to adopt the section.
All comments should refer to Project Number 22130.
The commission specifically invites comments on several matters. First,
parties are invited to comment on the appropriateness of the proposed effective
date, November 1, 2000, for billing changes in subsection (e)(1). Second,
parties are invited to comment on whether and how the rule should accommodate
billing over the Internet. For example, should all CTUs be required to give
customers the option of receiving their bills via the United States mail or
should CTUs be allowed to bill only over the Internet? For bills sent over
the Internet, how should the first-page requirements of subsection (e)(1)
be handled? Third, parties may comment on whether the footnote or asterisked
reference required by subsection (e)(4) must state the actual amount of the
fee or surcharge or if a listing of the name of the fee or surcharge will
suffice.
Lastly, parties are encouraged to work collaboratively with the commission
to develop consumer-research data (through focus groups or other suitable
marketing- research methods) showing that these rules will result in greater
understanding by customers of their bills and will help customers to identify
unauthorized telecommunications charges.
This new section is proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2000) (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. PURA §17.003 and §17.004, which were added by
Senate Bill 86, Act of May 30, 1999, 76th Legislature, Regular Session, chapter
1579, 1999 Texas Session Law Service 5421, 5423 (Vernon) (codified as an amendment
to PURA, Texas Utilities Code Annotated §17.003 and §17.004), grant
the commission the authority to require a CTU to adopt rules that present
clear, uniform and understandable information to customers about rates, services,
terms, customer rights, and other necessary information that the commission
deems appropriate. In addition, PURA §55.012, Telecommunications Billing,
added by Senate Bill 560, Act of May 30, 1999, 76th Legislature, Regular Session,
chapter 1212, 1999 Texas Session Law Service 4210, 4219 (Vernon) (codified
as an amendment to PURA, Texas Utilities Code Annotated §55.012), seeks
to simplify and clarify bills issued by local exchange companies (LECs).
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002,
17.003, 17.004, 55.002, and 55.012.
§26.25. Issuance and Format of Bills.
(a)
Application. The provisions of this section apply to all
certificated telecommunications utilities (CTUs). The effective date for the
changes required by subsection (e)(1) of this section is November 1, 2000.
(b)
Purpose. The purpose of this section is to specify a user-friendly,
simplified format for residential customer bills that include charges for
local exchange telephone service.
(c)
Frequency of bills. Bills of CTUs shall be issued monthly
for any amount unless the bill covers service that is for less than one month,
or unless the customer specifically requests a less frequent billing interval.
(d)
Billing information.
(1)
All customers shall be given an option of receiving their
bill via the United States mail.
(2)
Customer billing sent through the United States mail
shall be sent in an envelope or by any other method that ensures the confidentiality
of the customer's telephone number and/or account number.
(3)
A CTU shall maintain monthly billing records for
each of its accounts for at least two years after the date the bill is mailed.
The billing records shall contain sufficient data to reconstruct a customer's
billing for a given month. A copy of a customer's billing records may be obtained
by the customer upon request.
(e)
Bill content requirements.
(1)
The initial page of each customer's bill for telecommunications
products and services shall include the following information:
(A)
the total amount being charged for basic local telecommunications
service, if any, including any charges for mandatory extended/expanded calling
scope services and any applicable fees or surcharges authorized by a governmental
entity;
(B)
the service description and total amount being charged
for any optional services provided by the billing CTU, including charges for
any optional extended/expanded calling scope services, and any applicable
fees or surcharges authorized by a governmental entity;
(C)
the service description, service provider's name and total
amount being charged for any services provided by parties other than the billing
CTU, with a separate line for each different provider, and any applicable
fees or surcharges authorized by a governmental entity;
(D)
the total amount being charged for taxes, including any
taxes applicable to the charges described by subparagraphs (A) - (C) of this
paragraph;
(E)
the grand total amount due for all services being billed
and the payment due date;
(F)
the billing period or billing end date;
(G)
an identification of the total amount the customer must
pay to maintain basic local telecommunications service, if applicable; and
(H)
a clear and conspicuous notification of any change in
service provider, including notification to the customer that a new provider
has begun providing service.
(2)
Charges must be accompanied by a brief, clear,
non-misleading, plain-language description of the service being rendered.
The description must be sufficiently clear in presentation and specific enough
in content to enable customers to accurately assess the services for which
they are being billed. Additionally, explanations shall be provided for any
non-obvious abbreviations, symbols, or acronyms used to identify specific
charges.
(3)
Charges for bundled-service packages which include
basic local telecommunications service are not required to be separated pursuant
to paragraph (1)(A) - (1)(C) of this subsection; however, a brief, clear,
non- misleading, plain-language description of the services included in a
bundled-service package is required to be provided either in the description
or as a footnote.
(4)
Flat monthly fees or surcharges, including the 911
service fee, related to state and municipal regulatory actions shall be included
in the amount for basic local telecommunications service described in paragraph
(1) of this subsection; the Texas Universal Service Fund (TUSF) assessment
shall be allocated to all telecommunications services (basic, optional, long
distance, and other telecommunications services) on a proportionate basis.
Each subtotal must indicate by an asterisk or footnote any such assessments
included in the subtotal. Similarly, if federal law or regulation requires
that a charge be separately stated, using standardized labels, that requirement
may be satisfied by use of an asterisk or footnote reference.
(5)
Bills shall provide a toll-free number that a customer
can call to resolve disputes and obtain information from the CTU. If the CTU
is billing the customer for any services from another service provider, the
bill shall identify the name of the service provider and provide a toll-free
number that the customer can call to resolve disputes or obtain information
from that service provider.
(6)
Each customer's bill shall include specific per-call
detail for time-sensitive charges, itemized by service provider and by telephone
or account number (if the customer's bill is for more than one such number).
Each customer's bill shall include the rate and specific number of billing
occurrences for per-use services, itemized by service provider and by telephone
or account number.
(7)
If possible, the first page of the bill shall list
each applicable telephone number or account number for which charges are being
summarized on the bill. If such inclusion is not possible, the first page
shall show the main telephone number or account number, and clearly reference
a subsequent page where the customer's additional numbers are plainly identified.
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 24, 2000.
TRD-200002166
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 7, 2000
For further information, please call: (512) 936-7308
16 TAC §26.34
The Public Utility Commission of Texas (commission) proposes
new §26.34 relating to Telephone Prepaid Calling Services. The proposed
new rule will implement the provisions of the Public Utility Regulatory Act
(PURA) §55.253 (Vernon Supplement 2000), which permits the commission
to prescribe standards regarding the information a prepaid calling services
provider must disclose to customers in relation to the rates and terms of
service for prepaid calling services offered in Texas. Project Number 21424,
Denise E. Taylor, Senior Enforcement Investigator, Office of Customer Protection,
and Betsy Tyson, Information Specialist, Office of Customer Protection, have
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 this section.
Ms. Taylor and Ms. Tyson have determined that for each year of the first
five years the proposed section is in effect the public benefit anticipated
as a result of enforcing the section will be greater protection of the public
interest, a reduction in the number of public complaints concerning the use
of prepaid calling services, and compliance by telecommunications utilities
with the telephone prepaid calling services provisions of PURA. There will
be no effect on small businesses or microbusinesses as a result of enforcing
this section. There is an anticipated economic cost to persons who are required
to comply with the section as proposed which cannot be quantified at this
time.
Ms. Taylor and Ms. Tyson have also determined that for each year of the
first five years the proposed section 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 §2001.022.
The commission staff will conduct a public hearing on this rulemaking under
Government Code §2001.029 at the commission's offices, located in the
William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701,
on Friday, May 26, 2000, at 9:00 a.m. in Hearing Room Gee.
Comments on the proposed new rule (16 copies) may be submitted to the Filing
Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, PO
Box 13326, Austin, Texas 78711-3326, within 30 days after publication. Reply
comments may be submitted within 45 days after publication. The commission
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 section.
All comments should refer to Project Number 21424.
This rule is proposed under Senate Bill 1020, Act of May 26,
1999, 76th Legislature, Regular Session, chapter 410, 1999 Texas Session Law
Service, 2636 (Vernon) (codified as an amendment to the Public Utility Regulatory
Act (PURA)), Senate Bill 86, Act of May 26, 1999, 76th Legislature, Regular
Session, chapter 1579, §3, 1999 Texas Session Law Service, 5421, 5424
(Vernon), (codified as an amendment to PURA §§17.051-17.053), Senate
Bill 560, Act of May 26, 1999, 76th Legislature, Regular Session, chapter
1212, §55, 1999 Texas Session Law Service, 4237 (Vernon) (codified as
an amendment to PURA §§64.051- 64.053), and PURA, §§14.002,
15.023, 17.004, 17.051, 17.052, 55.253, 64.051, and 64.052. Section 14.002
provides the commission with the authority to make and enforce rules reasonably
required in the exercise of its powers and jurisdiction. Section 15.023 grants
the commission authority to impose an administrative penalty against an entity
for violation of a rule adopted under PURA. Section 17.004 grants the commission
authority to adopt and enforce rules as necessary or appropriate to establish
adequate customer protection standards. Sections 17.051 and 64.051 direct
the commission to adopt registration requirements for all telecommunications
utilities that are not dominant carriers. Sections 17.052 and 64.052 allow
the commission to require registration as a condition of doing business in
Texas as well as to establish customer service and protection rules. Section
55.253 grants the commission all necessary jurisdiction to adopt rules regarding
the information a prepaid calling services provider shall disclose to customers
in relation to the rates and terms of service for prepaid calling services
offered in Texas.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002,
15.023, 17.004, 17.051, 17.052, 55.253, 64.051, and 64.052.
§26.34. Telephone Prepaid Calling Services.
(a)
Purpose. The provisions of this section are intended to
prescribe standards for the information a prepaid calling services provider
shall disclose to customers about the rates and terms of service for prepaid
calling services offered in this state.
(b)
Application. This section applies to any "telecommunications
utility" as that term is defined in §26.5 of this title (relating to
Definitions). This section does not apply to a credit calling card in which
a customer pays for a service after use and receives a monthly bill for such
use.
(c)
Liability. The prepaid calling services company shall
be responsible for ensuring, either through its contracts with its network
provider, distributors and marketing agents or other means, that:
(1)
end-user purchased prepaid calling services remain usable
in accordance with the requirements of this section; and
(2)
compliance requirements of all disclosure provisions
of this section are met.
(d)
Definitions. The following terms used in this section
shall have the following meanings, unless the context indicates otherwise:
(1)
Access telephone number -- The number that allows a prepaid
calling services customer to access the services of a telecommunications utility
to place telephone calls.
(2)
Billing increment -- A unit of time used to charge
customers for prepaid calling services.
(3)
Personal identification number (PIN) -- A number
assigned as an authorization code that ensures system security for a prepaid
calling services customer and allows the prepaid calling services company
to track minutes used.
(4)
Prepaid calling services account -- An amount of
money paid by a customer in advance to a prepaid calling services company
so that the customer can access the services of a telecommunications utility
to place telephone calls. When the customer makes completed telephone calls,
the value of the account decreases at a predetermined rate.
(5)
Prepaid calling card -- A card or any other device
purchased to establish a prepaid calling services account.
(6)
Prepaid calling services -- Any telecommunications
transaction in which:
(A)
a customer pays in advance for telecommunications services;
(B)
the customer's prepaid calling services account is depleted
at a predetermined rate as the customer uses the service; and
(C)
the customer must use a PIN and an access telephone number
to use the telecommunications services.
(7)
Prepaid calling services company -- A company
that provides prepaid calling or other telecommunications services to the
public using its own telecommunications network or resold telecommunications
services, or distributors who purchase PINs or telecommunications services
to resell to the end-user customer.
(8)
Recharge -- A transaction in which the value of the
prepaid calling services account is renewed. The customer must be informed
verbally or electronically of the new rates at the time of recharge.
(e)
Billing requirements for prepaid calling services.
(1)
Billing increments shall be defined and disclosed in the
prepaid calling services company's published tariffs or price list on file
with the commission and on any display at the point of sale as well as on
any prepaid calling card, or on any prepaid calling card packaging.
(2)
A prepaid calling services account may be decreased
only during the actual time a circuit is open. Station busy signals and unanswered
calls shall not be considered open circuits and shall not be charged against
the account.
(3)
Prepaid calling services companies may not reduce
the value of a prepaid calling services account by more than the company's
published tariffs or price list on file with the commission plus any surcharges,
fees and taxes disclosed at the time of purchase.
(4)
The prepaid calling services account may be recharged
by the customer at a rate different from the original rate or the last recharge
rate as long as the new rate and any surcharges conform with the company's
published tariff or price list on file with the commission at the time of
recharge. The customer must be informed of the rates at the time of recharge.
(5)
Upon verbal or written request, prepaid calling services
companies must be capable of providing customers the following call detail
data information at no charge:
(A)
Dialing and signaling information that identifies the
inbound access telephone number called or the access identifier;
(B)
The number of the originating telephone;
(C)
The date and time the call originated;
(D)
The date and time the call terminated;
(E)
The called telephone number; and
(F)
The PIN and/or account number associated with the call.
(6)
Prepaid calling services companies shall maintain
call detail data records for at least two years.
(f)
Written disclosure requirements for all prepaid calling
services.
(1)
Information required on prepaid calling cards. Cards must
be issued with all information entirely in the language in which the card
is marketed. At a minimum, a card must contain the following information printed
in an eight point font:
(A)
The value of the card, including charges for all services,
surcharges, fees, and taxes, if applicable, expressed in minutes. If a charge
cannot be expressed in minutes, such as a per-call charge, it must be printed
on the same line or next line as the value of the card in minutes;
(B)
The prepaid calling services company's name as registered
with the commission. A "doing business as" name may only be used if officially
filed with the commission. The language shall clearly indicate that the company
is providing the prepaid calling services;
(C)
The toll-free number as required by subsection (i) of
this section;
(D)
The maximum cost per minute shall be shown for local,
intrastate, and interstate calls. International call prices shall be provided
to the customer through a toll-free number printed on the card;
(E)
Instructions on using the card correctly;
(F)
Expiration date, if the card cannot be used after a date
certain. If an expiration date is not disclosed on the card, it will be considered
active indefinitely; and
(G)
The words "VOID" or "SAMPLE" or sequential numbers, such
as "999999999" on both sides of the card if the card was produced as a "non-active"
card so that it is obvious to the customer that the card is not useable. If
the card is not so labeled, the card is considered active and the issuing
company shall honor it.
(2)
Information required at a point of sale. The
following information shall be legibly printed on or in any packaging in a
minimum eight point font and displayed visibly in a prominent area at the
point of sale so that the customer may make an informed decision before purchase:
(A)
The value of the card, including charges for all services,
surcharges, fees, and taxes, if applicable, expressed in minutes. If a charge
cannot be expressed in minutes, such as a per-call charge, it must be printed
on the same line or next line as the value of the card in minutes;
(B)
The company's name as registered with the commission.
A "doing business as" name may only be used if officially filed with the commission.
The language shall clearly indicate that the company is providing the prepaid
calling card services;
(C)
The toll-free number as required by subsection (i) of
this section;
(D)
The billing increment expressed in minutes or fractions
of minutes and maximum charge per billing increment for prepaid calling card
services for local, intrastate, interstate, and international calls will be
provided to the customer through a toll-free number printed on the card;
(E)
The expiration policy, if the card cannot be used after
a date certain. If an expiration date is not disclosed at the time of purchase,
the prepaid calling services will be considered active until the prepaid calling
services account is completely depleted;
(F)
The recharge policy, if applicable. If an expiration date
is not disclosed at the time prepaid calling services are recharged, the services
will be considered active until the prepaid calling services account is completely
depleted;
(G)
A statement that if a customer is unable to resolve a
complaint with the company that the customer has the right to contact the
state regulatory agency which has jurisdiction within the state where the
prepaid calling services were purchased; and
(H)
A statement that:
(i)
Notifies a customer of the customer's extent of liability
for lost or stolen cards, if there is liability; and
(ii)
Warns a customer to safeguard the card against loss or
theft.
(3)
If a customer asks a prepaid calling services
company how to file a complaint, the company must provide the following contact
information: Public Utility Commission of Texas, Office of Customer Protection,
PO Box 13326, Austin, Texas 78711-3326; phone: (512) 936-7120 or in Texas
(toll-free) 1-888-782-8477; fax: (512) 936-7003; e-mail address: customer@puc.state.tx.us;
Internet address: www.puc.state.tx.us; TTY: (512) 936-7136; and Relay Texas
(toll-free): 1-800-735-2989.
(g)
Verbal disclosure requirements for prepaid calling services.
Prepaid calling services companies shall provide an announcement:
(1)
At the beginning of each call indicating the time remaining
on the prepaid calling services account or prepaid calling card; and
(2)
When the prepaid account or card balance is about
to be completely depleted. This announcement must be made at least one minute
before the time expires.
(h)
Registration requirements for prepaid calling services
companies. All prepaid calling services companies shall register with the
commission in accordance with §26.107 of this title (relating to Registration
of Nondominant Telecommunications Carriers).
(i)
Business and technical assistance requirements for prepaid
calling services companies. A prepaid calling services company shall provide
a toll-free number with a live operator to answer incoming calls 24 hours
a day, seven days a week or electronically voice record customer requests
or complaints. A combination of live operators or recorders may be used. If
a recorder is used, the prepaid calling services company shall attempt to
contact each customer no later than the next business day following the date
of the recording. Personnel must be sufficient in number and expertise to
resolve customer inquiries. If an immediate resolution is not possible, the
prepaid calling services company shall resolve the inquiry by calling the
customer or, if the customer so requests, in writing within ten working days
of the original request.
(j)
Requirements for refund of unused balances. If a prepaid
calling services company fails to provide services at the rates disclosed
at the time of initial purchase or at the time an account is recharged, or
fails to meet technical standards, the prepaid calling services company shall
either refund the customer for any unused prepaid calling services or provide
equivalent services.
(k)
Requirements when a prepaid calling services company terminates
operations in this state.
(1)
When a prepaid calling services company expects to terminate
operations in this state for any reason, the company shall at least 30 days
prior to the termination of operations:
(A)
Notify the commission in writing:
(i)
That operations will be ending;
(ii)
Of the date of the termination of operations; and
(iii)
That the company certifies that the actions required
by this subsection have been completed;
(B)
Notify each customer at the address on file with the company,
if applicable, that operations will be ending the date of the termination
of operations, and explain how customers may receive a refund or equivalent
services for any unused services;
(C)
Announce the termination of operations at the beginning
of each call, including the date of termination and a toll-free number to
call for more information; and
(D)
Provide to customers via its toll-free customer service
number the procedure for obtaining refunds and continue to provide this information
for at least 60 days after the date the company terminates operations.
(2)
Within 24 hours after ceasing operations, the
prepaid calling services company shall deliver to the commission a list of
names, if known, and account numbers of all customers with unused balances.
For each customer, the list shall include the following:
(A)
The identification number used by the company for billing
and debit purposes; and,
(B)
The unused time, stated in minutes, as applicable, and
the unused dollar amount of the prepaid calling services account.
(l)
Date of compliance for prepaid calling card services companies.
All prepaid calling services offered for sale in the state of Texas and all
prepaid calling services companies shall be in compliance with this rule within
90 days of the effective date of this rule.
(m)
Compliance and enforcement.
(1)
Administrative penalties. If the commission finds that
a prepaid calling services company has violated any provision of this section,
the commission shall order the company to take corrective action, as necessary,
and the company may be subject to administrative penalties and other enforcement
actions pursuant to the Public Utility Regulatory Act, Chapter 15.
(2)
Enforcement. The commission shall coordinate its
enforcement efforts against a prepaid calling services company for fraudulent,
unfair, misleading, deceptive, or 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 March 24, 2000.
TRD-200002164
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 7, 2000
For further information, please call: (512) 936-7308
16 TAC §§26.79, 26.80, 26.85
The Public Utility Commission of Texas (commission) proposes
amendments to §26.79 relating to Equal Opportunity Reports and §26.80
relating to the Annual Report on Historically Underutilized Businesses; and
proposes new §26.85 relating to Workforce Diversity Reports. The proposed
new rule and amendments will implement the provisions of Senate Bill 560 (SB560),
Act of May 30, 1999, 76th Legislature, Regular Session, chapter 1212, 1999
Texas Session Law Service 4210, 4215 (Vernon) (codified as an amendment to
the Public Utility Regulatory Act (PURA), Texas Utilities Code Annotated §52.256(b)),
which require telecommunication utilities to file an annual report to the
commission and the legislature relating to the telecommunications utility
efforts to improve workforce diversity and contracting opportunities for small
and historically underutilized businesses and will eliminate duplicative filing
requirements. Project Number 22166 has been assigned to this proceeding.
Patricia Zacharie, Staff Attorney, Legal Division, Office of Regulatory
Affairs, has 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 section.
Ms. Zacharie has 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 greater opportunities for minorities and
small and historically underutilized businesses and a more diverse workforce
in the State of Texas. There will be no effect on small businesses or micro-businesses
as a result of enforcing these sections. There is an anticipated economic
cost to persons who are required to comply with the sections as proposed,
which cannot be quantified at this time.
Ms. Zacharie has also determined that for each year of the first five years
the proposed sections are 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.
The commission staff will conduct a public hearing on this rulemaking under
Government Code §2001.029 at the commission's offices, located in the
William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701,
on Thursday, May 4, 2000, at 9:30 a.m.
Comments on the proposed amendments and new rule (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.
Reply comments may be submitted within 45 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 these sections.
The commission also invites specific comments regarding the following question:
Is an exemption appropriate for (1) utilities that have fewer than a certain
number of employees, (2) utilities that do not do any contracting in Texas,
(3) resellers only, (4) utilities whose workforce is more than a certain percentage
minority or, (5) utilities that were not formed before January 1, 2000? All
comments should refer to Project Number 22166.
The amendments and new rule are proposed under Public Utility
Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon 1998 and
Supp. 2000) (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 §12.252, which grants
the commission authority to adopt and enforce rules to require each utility
subject to regulation to overcome the underuse of historically underutilized
businesses; and §52.256, which grants the commission authority to adopt
rules relating to workforce diversity reporting requirements for telecommunications
utilities.
Cross Reference to Statutes: Public Utility Regulatory Act §§12.252,
14.002, and 52.256.
§26.79.Equal Opportunity Reports.
(a)
(No change.)
(b)
Each utility that files any form with local, state or federal
governmental agencies relating to equal employment opportunities for minority
group members, (e.g., EEOC Form EEO-1, FCC Form 395, RUS Form 268, etc.) shall
file copies of such completed form with the commission. If such form submitted
by a multi- jurisdictional utility does not indicate Texas-specific numbers,
the utility shall also prepare, and file with the commission a form
indicating Texas-specific numbers
, in the same format and based on the
numbers contained in the form previously filed with local, state or federal
governmental agencies[
(c)
(No change.)
(d)
Any utility filing with the commission any documents described
in subsections (b) and (c) of this section shall file
three
[
(e)
A utility that files a report with local, state or federal
governmental agencies and that is required by this section to file such report
with the commission must file the report by
December 30
[
[
§26.80.Annual Report on Historically Underutilized Businesses.
(a)
(No change.)
(b)
Every utility shall report its use of historically underutilized
businesses (HUBs) to the commission on a form approved by the commission.
A utility may submit the report on paper, or on paper and on a diskette (in
[
(1)
Each small local exchange company and telephone cooperative
utility shall on or before December 30 of each year submit to the commission
a comprehensive annual report detailing its use of HUBs for the four quarters
ending on September 30 of the year the report is filed,
using
[
(2)
Every utility other than those specified in paragraph
(1) of this subsection, shall on or before December 30 of each year submit
to the commission a comprehensive annual report detailing its use of HUBs
for the four
prior
quarters ending on September 30 of the year
the report is filed,
using
[
(3)
Each utility wishing to report indirect HUB procurements
or HUB procurements made by a contractor of the utility
may use the
Supplemental HUB report form.
(4)
Each utility shall submit a text description of
how it
[
(5)
Each utility
that
[
(6)
Each utility shall also file any other documents it
believes appropriate to convey an accurate impression of its use of HUBs.
(c) - (d)
(No change.)
§26.85.Workforce Diversity Report.
(a)
Purpose. This section establishes annual reporting requirements
for telecommunications utilities to report its efforts to improve workforce
diversity and contracting opportunities for small and historically underutilized
businesses.
(b)
Application. This section applies to all telecommunications
utilities, as defined in the Public Utility Regulatory Act §51.002(11),
doing business in the State of Texas.
(c)
Terminology. In this section, "small business" and "historically
underutilized business" have the meanings assigned by the Texas Government
Code §481.191.
(d)
Annual report of workforce diversity. A "Report on Improving
Workforce Diversity" shall be filed annually with the commission. The report
shall be filed on or before December 30 of each year for the four prior quarters
ending on September 30 of the year the report is filed.
(e)
Filing requirements. Three copies of the Workforce Diversity
Report shall be filed with the commission's filing clerk under the project
number assigned by the Public Utility Commission's Central Records Office
for that year's filings. Telecommunications utilities shall obtain the project
number by contacting Central Records.
(f)
Contents of the report. The annual report filed with the
commission pursuant to this section shall be filed using the Workforce Diversity
form and shall contain at a minimum the following information:
(1)
An illustration of the diversity of the telecommunications
utility's workforce in the State of Texas at the time of the report. If the
telecommunications utility is required to file an Equal Opportunity Report
pursuant to §26.79 of this title (relating to Equal Opportunity Reports),
a copy of that document may be attached to this report to satisfy the requirements
of this paragraph.
(2)
A description of the specific progress made under
the workforce diversity plan filed pursuant to PURA §52.256(b), including
(A)
the specific initiatives, programs, and activities undertaken
during the preceding year; and
(B)
an assessment of the success of each of those initiatives,
programs, and activities.
(3)
An explanation of the telecommunications utility's
level of contracting with small and historically underutilized businesses
in the State of Texas.
(4)
The extent to which the telecommunications utility
has carried out its initiatives to facilitate opportunities for contracts
or joint ventures with small and historically underutilized businesses.
(5)
A description of the initiatives, programs, and activities
the telecommunications utility will pursue during the next year to increase
the diversity of its workforce and contracting opportunities for small and
historically underutilized businesses in the State of Texas.
(g)
This section may not be used to discriminate against any
citizen on the basis of race, nationality, color, religion, sex, or marital
status.
(h)
This section does not create a new cause of action, either
public or private.
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 24, 2000.
TRD-200002113
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: May 7, 2000
For further information, please call: (512) 936-7308
, indicating
Texas-specific numbers
]. Each electric utility shall also file copies
of any other forms required to be filed with local, state or federal governmental
agencies which contain the same or similar information, such as personnel
data identifying numbers and occupations of minority group members employed
by the electric utility, and employment goals relating
to them
[
thereto
], if any.
two
] copies of such documents with the commission's filing
clerk under the project number assigned by the Public Utility Commission's
Central Records Office for that year's filings. Utilities shall obtain the
project number by contacting Central Records.
February 15
] of the year it is filed with the local, state or federal
agencies. [
If the report is filed with local, state or federal agencies
after February 15, the electric utility shall file the report with the commission
by February 15 of the next year.
]
(f)
On May 1 of each year, the commission
shall submit a report concerning the filed reports to the Texas legislature.
]
Lotus 1-2- 3 (*.wk*) or
] Microsoft Excel
(*utility name.xl*)
[
(*.xl*)
] format).
(1)
Each electric cooperative utility shall
on or before December 30 of each year submit to the commission a comprehensive
annual report detailing its use of HUBs for the four quarters ending on September
30 of the year the report is filed, on the Small Utilities HUB Report form.
]
(2)
]
Each
[
Every
] electric utility [
other than those specified in paragraph
(1) of this subsection
] shall on or before December 30 of each year
submit to the commission a comprehensive annual report detailing its use of
HUBs for the four quarters ending on September 30 of the year the report is
filed,
using
[
on
] the Large Utilities HUB Report form.
(3)
] Each electric utility
wishing to report indirect HUB procurements
or HUB procurements made
by the contractor of the utility
may use the Supplemental HUB report
form.
(4)
] Each electric utility
shall submit a text description of
how it
[
the method by which
it
] determined which of its vendors is a HUB.
(5)
] Each electric utility
that
[
which
] has more than 1,000 customers in a state other
than Texas, or
that
[
which
] purchases more than 10% of
its goods and services (other than fuel, purchased power, and wheeling) from
vendors not located in Texas, shall separately report by total and category
all electric utility purchases, all electric utility purchases from Texas
vendors, and all electric utility purchases from Texas HUB vendors. A vendor
is considered a Texas vendor if its physical location is geographically in
Texas.
(6)
] Each electric utility
shall also file any other documents it believes appropriate to convey an accurate
impression of its use of HUBs.
Chapter 26.
SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICES PROVIDERS
Chapter 26.
SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
Subchapter D. RECORDS, REPORTS, AND OTHER REQUIRED INFORMATION
, indicating Texas-specific numbers
]. Each
utility shall also file copies of any other forms required to be filed with
local, state or federal governmental agencies which contain the same or similar
information, such as personnel data identifying numbers and occupations of
minority group members employed by the utility, and employment goals relating
to them
[
thereto
], if any.
two
] copies of such documents with the commission's filing clerk under
the project number assigned by the Public Utility Commission's Central Records
Office for that year's filings. Utilities shall obtain the project number
by contacting Central Records.
February
15
] of the year it is filed with the local, state or federal agencies.
[
If the report is filed with local, state or federal agencies after
February 15, the utility shall file the report with the commission by February
15 of the next year.
]
(f)
On May 1 of each year, the commission
shall submit a report concerning the filed reports to the Texas legislature.
]
Lotus 1-2-3 (*.wk*) or
] Microsoft Excel
(*utility name.xl*)
[
(*.xl*)
] format).
on
] the Small Utilities HUB Report form.
on
] the Large Utilities
HUB Report form.
the method by which it
]determined which of its vendors
is a HUB.
which
] has
more than 1,000 customers in a state other than Texas, or
that
[
which
] purchases more than 10% of its goods and services from
vendors not located in Texas, shall separately report by total and category
all utility purchases, all utility purchases from Texas vendors, and all utility
purchases from Texas HUB vendors. A vendor is considered a Texas vendor if
its physical location is geographically in Texas.
Subchapter E. CERTIFICATION, LICENSING AND REGISTRATION