Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 26.
SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
Subchapter P. TEXAS UNIVERSAL SERVICE FUND
16 TAC §§26.403, 26.417, 26.420
The Public Utility Commission of Texas (commission) proposes
amendments to §26.403 relating to Texas High Cost Universal Service Plan
(THCUSP), §26.417 relating to Designation as Eligible Telecommunications
Providers to Receive Texas Universal Service Funds (TUSF), and §26.420
relating to Administration of Texas Universal Service Fund (TUSF). The proposed
amendments are comprised of several minor non-substantive changes and clarifications
and one substantive revision to §26.403(e)(3)(C). Project Number 22472
has been assigned to this proceeding.
Non-substantive changes to rule language
Proposed §26.403 includes minor non-substantive corrections or clarifications
and revisions related to the timing of the commission's subsequent determinations
regarding the Texas High Cost Universal Service Plan (THCUSP). As directed
by Order Number 1, Granting Waiver for Good Cause, issued on February 16,
2001 in Project Number 22472, the amendment revises the review date to three
years from March 1, 2000, the date in which the THCUSP was implemented.
Proposed §26.417 amends internal references and reflects minor non-substantive
changes implementing PURA §56.021 and §56.023, as amended by Senate
Bill 560, 76th Legislative Session (SB 560). Specifically, proposed §26.417(b)(1)
replaces the use of "census block groups" (CBGs) in the determination of a
THCUSP service area with the use of "wire centers." The revision is in accordance
with the Final Order in Project Number 18515,
Compliance
Proceeding for Implementation of the Texas High Cost Universal Service Plan
, issued on January 14, 2000.
Proposed §26.420 revises internal references and reflects minor non-substantive
changes relating to the implementation and administration of the TUSF. The
revisions reflect decisions made in Project Number 19655,
Implementation of P.U.C. SUBST. R. §23.150 (f) and (g)
, and the
implementation of PURA §56.026(c), as amended by SB 560.
Substantive change to rule language
Proposed §26.403(e)(3)(C)(i) and (ii) amend the adjustments for services
provided solely or partially through unbundled network elements (UNEs). As
directed by Order Number 1, Granting Waiver for Good Cause, issued on February
16, 2001 in Project Number 22472, the proposed amendments make the provisioning
of services via unbundled network elements (UNEs) more attractive in rural
areas, therefore, stimulating competition in rural Texas.
Patricia Zacharie, Staff Attorney, Legal Division, 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 sections.
Patricia 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 these sections will be to implement a competitively neutral mechanism
that enables all residents of the state to obtain basic telecommunications
services needed to communicate with other residents, businesses, and governmental
entities. There will be no effect on small businesses or micro- businesses
as a result of enforcing these sections. There is no anticipated economic
cost to persons who are required to comply with these sections as proposed.
Patricia Zacharie has also determined that for each year of the first five
years the proposed sections are 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,
beginning at 10:00 a.m. in the Commissioners' Hearing Room on Wednesday, May
23, 2001.
Comments on the proposed amendments (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 amendments. The commission
will consider the costs and benefits in deciding whether to adopt the amendments.
All comments should refer to Project Number 22472.
In addition to general comments on the proposed amendments, the commission
seeks specific comments on whether a new rulemaking should be opened to expand
the quality of service rules (§26.52, Emergency Operations, §26.53,
Inspections and Tests, and §26.54, Service Objectives and Performance
Benchmarks) to include wireless technologies.
The commission also seeks specific comments on alternative methods for
the implementation of the sharing mechanism in §26.403(e)(3)(C)(i) and
(ii). Comments should include actual examples of how the alternative method
would impact wire centers in the state.
These amendments are proposed under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2001) (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; specifically,
PURA §56.021 which requires the commission to adopt and enforce rules
requiring local exchange companies to establish a universal service fund;
and §56.023 which requires the commission to adopt rules for the administration
of the universal service fund.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002,
56.021- 56.028.
§26.403.Texas High Cost Universal Service Plan (THCUSP).
(a)
(No change.)
(b)
Definitions. The following words and terms when used in
this section shall have the following meaning unless the context clearly indicates
otherwise:
(1) - (5)
(No change.)
(6)
Zone 2 - Loop rate that includes
Rate Groups 4, 5, and 6 (suburban) as defined in the ETP's local exchange
tariff.
(c)
(No change.)
(d)
Service to be supported by the THCUSP. The THCUSP shall
support basic local telecommunications services provided by an ETP in high
cost rural areas of the state and is limited to those services carried on
all flat rate residential lines and the first five flat rate single-line business
lines at a business customer's location. Local measured residential service,
if chosen by the customer and offered by the ETP, shall also be supported.
(1)
Initial determination of the definition of basic local
telecommunications service. Basic local telecommunications service shall consist
of the following:
(A) - (E)
(No change.)
(F)
telecommunications
[
(G) - (J)
(No change.)
(2)
Subsequent determinations.
(A)
Timing of subsequent determinations.
(i)
The definition of the services to be supported by the THCUSP
shall be reviewed by the commission every three years from
March 1, 2000
[
(ii)
(No change.)
(B)
(No change.)
(e)
Criteria for determining amount of support under THCUSP.
The TUSF administrator shall disburse monthly support payments to ETPs qualified
to receive support pursuant to this section. The amount of support available
to each ETP shall be calculated using the base support amount available as
provided under paragraph (1) of this subsection as adjusted by the requirements
of paragraph (3) of this subsection.
(1)
(No change.)
(2)
Proceedings to determine THCUSP base support.
(A)
Timing of determinations.
(i)
The commission shall review the forward-looking cost methodology,
the benchmark levels, and/or the base support amounts every three years from
March 1, 2000
[
(ii)
(No change.)
(B)
(No change.)
(3)
Calculating amount of THCUSP support payments to individual
ETPs. After the monthly base support amount is determined, the TUSF administrator
shall make the following adjustments each month in order to determine the
actual support payment that each ETP may receive each month.
(A) - (B)
(No change.)
(C)
Adjustment for service provided solely or partially through
the purchase of unbundled network elements (UNEs). [
(i)
If an ETP provides supported services over an eligible
line solely or partially through the purchase of UNEs, and the price of the
UNE is greater than the statewide average loop rate for the ETP provisioning
the UNE, then the ETP providing the service to the end user shall receive
the difference between the price of the UNE and the statewide average loop
rate. If the ETP provisioning the UNE does not have a statewide average loop
rate, the Zone 2 loop rate shall be used. If the THCUSP support amount is
not adequate to reimburse the ETP providing the service to the end user for
the difference between the price of the UNE and the statewide average loop
rate, then the ETP providing the service to the end user shall receive the
entire support amount. If the THCUSP support amount is greater than the difference
between the price of the UNE and the statewide average loop rate, then the
remainder of the THCUSP support shall be allocated to the ETP provisioning
the UNE.
[
[
USF cost > (UNE rate + retail
cost additive (R)) >revenue benchmark (RB). USF support should be explicitly
shared between the ETP serving the end user and the ILEC selling the UNEs
in the instance in which the area-specific USF cost/line exceeds the sum of
(combined UNE rate/line + R), and the latter exceeds the RB. Specifically,
the ILEC would receive the difference between USF cost and (UNE rate + R),
while the ETP would receive the difference between (UNE rate + R) and RB.
Splitting the USF support payment in this way allows both the ILEC and the
ETP to recover, on average, the costs of serving the subscriber at rates consistent
with the benchmark. Moreover, this solution is competitively neutral in an
additional respect: the ILEC, as the carrier of last resort (COLR), is indifferent
between directly serving the average end user and indirectly doing so through
the sale of UNEs to a competing ETP. Also, facilities- based competition is
encouraged only if it is economic, i.e., reflective of real cost advantages
in serving the customer; or]
[
USF cost > RB > (UNE rate
+ R). The ILEC would receive the difference between USF cost and RB. In this
case, where USF cost > RB > (UNE rate + R), giving (USF cost - RB) to the
ILEC is necessary to diminish the undue incentive for the ETP to provide service
through UNE resale, and to lessen the harm done to the ILEC in such a situation.
Allowing the ILEC to recover (USF cost -RB) would minimize financial harm
to the ILEC; or ]
[
(UNE rate + R)> USF cost
> RB. The ETP would receive the difference between USF cost and RB. Where
(UNE rate + R)> USF cost > RB, giving (USF cost - RB) to the ETP is necessary
to diminish the undue incentive for the ETP not to serve the end user by means
of UNE resale. Allowing the ETP to recover (USF cost - RB) would minimize
financial harm to the ETP.]
(ii)
If an ETP provides supported services over an eligible
line solely or partially through the purchase of UNEs, and the price of the
UNE is equal to or less than the statewide average loop rate for the ETP provisioning
the UNE, then the THCUSP support shall be allocated to the ETP provisioning
the UNE. If the ETP provisioning the UNE does not have a statewide average
loop rate, the Zone 2 loop rate shall be used.
[
(f) - (g)
(No change.)
§26.417.Designation as Eligible Telecommunications Providers to Receive Texas Universal Service Funds (TUSF).
(a)
(No change.)
(b)
Requirements for establishing ETP service areas.
(1)
THCUSP service area. THCUSP service area shall be based
upon
wire centers (WCs)
[
(2)
(No change.)
(c)
Criteria for designation of ETPs.
(1)
Telecommunications providers. A telecommunications provider,
as defined in
the Public Utility Regulatory Act (PURA) §51.002(10)
[
(A)
(No change.)
(B)
the telecommunications provider defines its ETP service
area pursuant to subsection
(b)
[
(C) - (F)
(No change.)
(2)
ILECs. If the
telecommunications provider
[
(A) - (C)
(No change.)
(d) - (e)
(No change.)
(f)
Requirements for application for ETP designation and commission
processing of application.
(1)
Requirements for notice and contents of application for
ETP designation.
(A)
(No change.)
(B)
Contents of application. A telecommunications provider
seeking to be designated as an ETP for a high cost service area in this state
shall file with the commission an application complying with the requirements
of this section. In addition to copies required by other commission rules,
one copy of the application shall be delivered to the commission staff and
one copy shall be delivered to the Office of Public Utility Counsel.
(i)
Telecommunications providers. The application shall:
(I)
show that the applicant is a telecommunications provider
as defined in
PURA §51.002(10)
[
(II) - (XI)
(No change.)
(ii)
(No change.)
(2)
(No change.)
(g) - (h)
(No change.)
§26.420.Administration of Texas Universal Service Fund (TUSF).
(a)
(No change.)
(b)
Programs included in the TUSF.
(1) - (4)
(No change.)
(5)
Section 26.410 of this title
(relating to Universal Service Fund Reimbursement for Certain IntraLATA Service);
(6)
[
(7)
[
(8)
[
(9)
[
(10)
[
(11)
[
(12)
[
(c) - (d)
(No change.)
[
Transition from existing USF
programs to the TUSF.]
[
Continuation of assessments and disbursements
for periods prior to the implementation of TUSF programs. The TUSF administrator
shall administer all outstanding assessment and disbursement obligations to
support mechanisms existing on the effective date of this section, for periods
prior to the implementation date of the programs in subsection (b) of this
section.]
[
Implementation of programs included in the
TUSF and termination of existing support mechanisms. The TUSF administrator
shall ensure that the collection of assessments from telecommunication providers
pursuant to subsection (g) of this section, the disbursement of support amounts
to ETPs pursuant to subsection (h) of this section, and the termination of
support mechanisms existing on the effective date of this section, occur on
a uniform date. In the event that interim assessments and disbursements are
necessary prior to the establishment of final assessment and disbursement
levels, they shall be subject to true-up to the final level of funding.]
(e)
[
(1)
Amount needed to fund the TUSF. The amount needed to fund
the TUSF shall be composed of the following elements.
(A)
Costs of TUSF programs. The TUSF administrator shall compute
and include the costs of the following TUSF programs:
(i)
Texas High Cost Universal Service Plan, §26.403 of
this title;
(ii)
Small and Rural ILEC Universal Service Plan, §26.404
of this title;
(iii)
Implementation of the Public Utility Regulatory Act §56.025, §26.406
of this title;
(iv)
Additional Financial Assistance, §26.408 of this
title;
(v)
Reimbursement for Certain IntraLATA
Service, §26.410 of this title;
(vi)
[
(vii)
[
(viii)
[
(ix)
[
(B)
Costs of implementation and administration of the TUSF.
The TUSF implementation and administration costs shall include appropriate
costs associated with the implementation and administration of the TUSF incurred
by the commission (including the costs incurred by the TUSF administrator
on behalf of the commission), any costs incurred by the Texas Department of
Human Services caused by its administration of the [
(C)
Reserve for contingencies. The TUSF administrator shall
establish a reserve for such contingencies as late payments and uncollectibles
in an amount authorized by the commission.
(2)
Determination of amount needed. After the initial determination,
the TUSF administrator shall determine, on a periodic basis, the amount needed
to fund the TUSF. The determined amount shall be approved by the commission.
(f)
[
(1)
Providers subject to assessments. The TUSF assessments
shall be payable by all telecommunications providers having access to the
customer base; including but not limited to wireline and wireless providers
of telecommunications services.
(2)
Basis for assessments. Assessments shall be made to each
telecommunications provider based upon its monthly taxable telecommunications
receipts reported by that telecommunications provider under Chapter 151, Tax
Code.
(3)
Assessment. Each telecommunications provider shall pay
its TUSF assessment each month as calculated using the following procedures.
(A)
Calculation of assessment rate. The TUSF administrator
shall determine an assessment rate to be applied to all telecommunications
providers on a periodic basis approved by the commission.
(B)
Calculation of assessment amount. Payments to the TUSF
shall be computed by multiplying the assessment rate determined pursuant to
subparagraph (A) of this paragraph by the basis for assessments as determined
pursuant to
paragraph (2)
[
(4)
Reporting requirements.
Each
[
(5)
Recovery of assessments. A telecommunications provider
may recover the amount of its TUSF assessment only from its retail customers
who are subject to tax under Chapter 151 of the Tax Code, except for Lifeline,
Link Up, and Tel-Assistance services. The commission may order modifications
in a telecommunications provider's method of recovery.
(A)
Retail customers' bills. In the event a telecommunications
provider chooses to recover its TUSF assessment through a surcharge added
to its retail customers' bills;
(i)
the surcharge must be listed on the retail customers' bills
as "
Texas Universal Service
[
(ii)
the surcharge must be assessed as a percentage of every
retail customers' bill, except Lifeline, Link Up, and Tel-Assistance services.
(B)
Commission approval of surcharge mechanism. An ILEC choosing
to recover the TUSF assessment through a surcharge on its retail customers'
bills must file for commission approval of the surcharge mechanism.
(C)
Tariff changes. A telecommunications provider choosing
to recover the TUSF assessment through a surcharge on its retail customers'
bills shall file the appropriate changes to its tariff and provide supporting
documentation for the method of recovery.
(D)
Recovery period. A single universal service fund surcharge
shall not recover more than one month of assessments.
(6)
Disputing assessments. Any telecommunications provider
may dispute the amount of its TUSF assessment. The telecommunications provider
should endeavor to first resolve the dispute with the TUSF administrator.
If the telecommunications provider and the TUSF administrator are unable to
satisfactorily resolve their dispute, either party may petition the commission
to resolve the dispute. Pending final resolution of disputed TUSF assessment
rates and/or amounts, the disputing telecommunications provider shall remit
all undisputed amounts to the TUSF administrator by the due date.
(g)
[
(1)
ETPs, ILECs, other entities, and agencies.
(A)
ETPs. The commission shall determine whether an ETP qualifies
to receive funds from the TUSF. An ETP qualifying for the following programs
is eligible to receive funds from the TUSF:
(i)
Texas High Cost Universal Service Plan;
(ii)
Small and Rural ILEC Universal Service Plan;
(iii)
Lifeline Service and Link Up Service; and/or
(iv)
Tel-Assistance Service.
(B)
ILECs. The commission shall determine whether an ILEC qualifies
to receive support from the following TUSF programs:
(i)
Implementation of the Public Utility Regulatory Act §56.025;
and/or
(ii)
Additional Financial Assistance program.
(C)
Other entities. The commission shall determine whether
other entities qualify to receive funds from the TUSF. Entities qualifying
for the following programs are eligible to receive funds from the TUSF:
(i)
Telecommunications Relay Service; and/or
(ii)
Specialized Telecommunications Assistance Program.
(D)
Agencies. The commission, the Texas Department of Human
Services, the Texas Commission for the Deaf and Hard of Hearing, and the TUSF
administrator are eligible for reimbursement of the costs directly and reasonably
associated with the implementation of the provisions of
PURA Chapters
56 and 57
[
(2)
Reporting requirements.
(A)
ETPs. An ETP shall report to the TUSF administrator as
required by the provisions of the section or sections under which it qualifies
to receive funds from the TUSF.
(B)
Other entities. A qualifying entity shall report to the
TUSF administrator as required by the provisions of the section or sections
under which it qualifies to receive funds from the TUSF.
(C)
Agencies. A qualifying agency shall report its qualifying
expenses to the TUSF administrator each month.
(3)
Disbursements.
(A)
The TUSF administrator shall verify that the
appropriate information has been provided by each ETP, local exchange company
(LEC), other entities or agencies and shall issue disbursements to ETPs,
LECs, other entities and agencies within
45
[
(B)
If an electing LEC, as defined
in §26.5 of this title (relating to Definitions), reduces rates in conjunction
with receiving disbursements from the TUSF, the commission may not reduce
the amount of those disbursements below the initial level of disbursements
upon implementation of the TUSF, except that:
(i)
if a local end user customer of the electing
company switches to another local service provider that serves the customer
entirely through the use of its own facilities and not partially or solely
through the use of unbundled network elements, the electing LEC's disbursement
may be reduced by the amount attributable to that customer under PURA §56.021(1);
or
(ii)
if a local end user customer of the electing
company switches to another local service provider, and the new local service
provider serves the customer partially or solely through the use of unbundled
network elements provided by the electing LEC, the electing LEC's disbursement
attributable to that customer under PURA §56.021(1) may be reduced according
to the commission established equitable allocation formula for the disbursement
as described in §26.403(e)(3)(C) of this title (relating to Texas High
Cost Universal Service Plan (THCUSP)).
(h)
[
(i)
[
(1)
An ETP that acquires exchanges from an unaffiliated small
or rural ILEC receiving support for those exchanges pursuant to §26.404
of this title, shall receive the per-line support amount for which those exchanges
were eligible prior to the sale or transfer.
(2)
An ETP that acquires exchanges from an unaffiliated ETP
receiving support for those exchanges pursuant
to
§26.403
of this title, shall receive the per-line support amount for which those exchanges
were eligible prior to the transfer of the exchanges.
(j)
[
(1)
An individual telecommunications provider who submits information
to the TUSF administrator shall be responsible for designating it as proprietary
at the time of submission. Information considered to be confidential by law,
either constitutional, statutory, or by judicial decision, may be properly
designated as proprietary.
(2)
An individual telecommunications provider who submits information
designated as proprietary shall stamp on the face of such information "PROPRIETARY
PURSUANT TO PUC SUBST. R. §26.420
(j)
[
(3)
The TUSF administrator may disclose all information from
an individual telecommunications provider to the telecommunications provider
who submitted it or to the commission and its designated representatives without
notifying the telecommunications provider.
(4)
All third party requests for information shall be directed
through the commission. If the commission or the TUSF administrator receives
a third party request for information that a telecommunications provider has
designated proprietary, the commission shall notify the telecommunications
provider. If the telecommunications provider does not voluntarily waive the
proprietary designation, the commission shall submit the request and the responsive
information to the Office of the Attorney General for an opinion regarding
disclosure pursuant to the Texas Open Records Act, Texas Government Code,
Chapter 552, Subchapter G.
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 16, 2001.
TRD-200101548
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: April 29, 2001
For further information, please call: (512) 936-7308
Chapter 75.
AIR CONDITIONING AND REFRIGERATION CONTRACTOR LICENSE LAW
dual party
] relay
service;
February 10, 1998
].
February 10, 1998
].
If an ETP provides
supported services over an eligible line solely or partially through the purchase
of UNEs, the THCUSP support for such eligible line may be allocated between
the ETP providing service to the end user and the ETP providing the UNEs according
to the methods outlined below.
]
Solely through UNEs.
]
(I)
(II)
(III)
Partially through
UNEs. For the partial-provision scenario, THCUSP support shall be shared between
the ETP and the ILEC based on the percentage of total per-line cost that is
self-provisioned by the ETP. Cost-category percentages for each wire center
shall be derived by adding a retail cost additive and the HAI model costs
for five UNEs (loop, line port, end-office usage, signaling, and transport).
The ETP's retail cost additive shall be derived by multiplying the ILEC-specific
wholesale discount percentage by the appropriate (residential or business)
revenue benchmark.
]
census block groups (CBGs)
]
or other geographic area as determined appropriate by the commission. A telecommunications
provider may be designated an ETP for any or all
WCs
[
CBGs
] that are wholly or partially contained within its certificated service
area. An ETP must serve an entire
WC
[
CBG
], or other
geographic area as determined appropriate by the commission, unless its certificated
service area does not encompass the entire
WC
[
CBG
],
or other geographic area as determined appropriate by the commission.
§26.5 of this title (relating to Definitions)
], shall
be eligible to receive TUSF support pursuant to §26.403 or §26.404
of this title in each service area for which it seeks ETP designation if it
meets the following requirements:
(c)
] of this section
and assumes the obligation to offer any customer in its ETP service area basic
local telecommunications services, as defined in §26.403 of this title,
at a rate not to exceed 150% of the ILEC's tariffed rate;
LEC
] is an ILEC, as defined in §26.5 of this title
(relating
to Definitions)
, it shall be eligible to receive TUSF support pursuant
to §26.403 of this title in each service area for which it seeks ETP
designation if it meets the requirements of paragraph (1) of this subsection
and the following requirements:
§26.5 of this title
];
(5)
] Section 26.412 of this title
(relating to Lifeline Service and Link Up Service
Programs
);
(6)
] Section 26.413 of this title
(relating to Tel-Assistance Service);
(7)
] Section 26.414 of this title
(relating to Telecommunications Relay Service
(TRS)
);
(8)
] Section 26.415 of this title
(relating to Specialized Telecommunications Assistance Program (STAP));
(9)
] Section 26.417 of this title
(relating to Designation [
of Local Exchange Companies
]as Eligible
Telecommunications Providers to Receive Texas Universal Service Funds (TUSF));
(10)
] Section 26.418 of this title
(relating to Designation of Common Carriers as Eligible Telecommunications
Carriers to Receive Federal Universal Service Funds); and
(11)
] Section 26.420 of this title
(relating to Administration of Texas Universal Service Funds
(TUSF)
).
(e)
(1)
(2)
(f)
] Determination of the amount
needed to fund the TUSF.
(v)
] Lifeline Service and Link
Up Service, §26.412 of this title;
(vi)
] Tel-Assistance Service, §26.413
of this title;
(vii)
] Telecommunications Relay
Service, §26.414 of this title; and
(viii)
] Specialized Telecommunications
Assistance Program (STAP), §26.415 of this title.
Lifeline, Link Up,
and
] Tel-Assistance programs, and any costs incurred by the Texas Commission
for the Deaf and Hard of Hearing caused by its administration of the Specialized
Telecommunications Assistance Program (STAP) and the Telecommunications Relay
Service programs.
(g)
] Assessments for the TUSF.
subsection (g)(2)
] of this
subsection
[
section
].
Every month,
each
] telecommunications provider shall be required to report taxable
telecommunications receipts under Chapter 151, Tax Code
as required by
[
to
] the commission or the TUSF administrator.
TX USF Charge x.xx%
]"; and
(h)
] Disbursements from the TUSF
to ETPs, ILECs, other entities and agencies.
the TUSF
].
30
] days
of the due date of their reports
except as otherwise provided
.
(i)
] True-up. The assessment amount
determined pursuant to subsections
(e)
and (f) [
and (g)
]
of this section shall be subject to true-up as determined by the TUSF administrator
and approved by the commission. True-ups shall be limited to a three year
period for under-reporting and a one year period for over- reporting.
(j)
] Sale or transfer of exchanges.
(k)
] Proprietary information. The
commission and the TUSF administrator are subject to the Texas Open Records
Act, Texas Government Code, Chapter 552. Information received by the TUSF
administrator from the individual telecommunications providers shall be treated
as proprietary only under the following circumstances:
(k)
]".
Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION