Part 2.
PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 26.
SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
The Public Utility Commission of Texas (commission) adopts amendments
to §26.128 relating to Telephone Directories and §26.415 relating
to the Specialized Telecommunications Assistance Program (STAP) with no changes
to the proposed text as published in the October 26, 2001
Texas Register
(26 TexReg 8444). The amendment to §26.128 is necessary
to implement the provisions of House Bill 2345, 77th Legislature (HB 2345),
relating to the Specialized Telecommunications Assistance Program, and the
provisions of House Bill 472, 77th Legislature (HB 472), relating to new §43.101(c)
of the Texas Telemarketing Disclosure and Privacy Act as it relates to telephone
directories. The amendment to §26.128 also removes references to Chapter
23 and makes other non-substantive changes. The amendment to §26.415
is necessary to implement the provisions of HB 2345 and clarifies vendor registration
and reimbursement requirements and procedures for the STAP. Other amendments
are non- substantive. These amendments were adopted under Project Number 24525.
A public hearing on the amendments was held at commission offices on November
29, 2001 at 9:30 a.m. Representatives from Southwestern Bell Telephone Company
(SWBT) and John Staurulakis, Inc. attended the hearing, but provided no comments.
The commission received no written comments on the proposed amendments.
Subchapter F. REGULATION OF TELECOMMUNICATIONS SERVICE
16 TAC §26.128
This amendment is adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2002) (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, an Act approved May 28, 2001, 77th Leg.,
R.S., ch. 424, §6, 2001 Tex. Gen. Laws 761, 762, which requires the commission
to adopt rules, as soon as practicable after the effective date of the Act,
under PURA, Chapter 56, Subchapter E, as amended by the Act, to conform the
specialized telecommunications assistance program established under that subchapter
to changes in law made by the Act and to adopt rules under PURA §55.203(g),
as added by the Act, promptly and to make the rules apply to directories published
on or after January 1, 2002; and an Act approved June 17, 2001, 77th Leg.,
R.S., ch. 1429, §1, 2001 Tex. Gen. Laws 4812, 4814-4815, which requires
the commission to establish a Texas no-call list.
Cross Reference to Statutes: Public Utility Regulatory Act §§14.002,
55.203(g), and 56.156; and Texas Business and Commerce Code §43.101(c).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on December 21, 2001.
TRD-200108266
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: January 10, 2002
Proposal publication date: October 26, 2001
For further information, please call: (512) 936-7308
Subchapter P. TEXAS UNIVERSAL SERVICE FUND