Part 2. PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 26. SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
The Public Utility Commission of Texas (commission) adopts the repeals of the following sections: §26.2, related to Cross-Reference Transition Provision; §26.82, related to Construction Reports; §26.88, related to Traffic Usage Studies; §26.122, related to Customer Proprietary Network Information (CPNI); §26.126, related to Telephone Solicitation; and §26.275, related to IntraLATA Equal Access, pursuant to the commission's conclusions in Project Number 33043, Review of Chapter 26 Substantive Rules Applicable to Telecommunications Service Providers Pursuant to Texas Government Code. The repeals of §§26.2, 26.82, 26.88, 26.122, 26.126, and 26.275 are adopted under Project Number 33951. The repeals are adopted with no changes to the proposed text as published in the May 11, 2007, issue of the Texas Register (32 TexReg 2526).
The commission received written comments on its proposal for the repeals from Southwestern Bell Telephone, L.P. d/b/a AT&T Texas (AT&T Texas) on June 11, 2007. Reply comments were not received.
Comments of AT&T Texas
AT&T Texas supported the commission's proposal for repeals. AT&T Texas agreed that the commission's determination that §26.2, created for use during the interim between the commission's change from Chapter 23 to Chapter 26, had expired. AT&T Texas also agreed that §26.82 is obsolete and noted that the commission has the authorization to request information from dominant carriers regarding construction projects on an as-needed basis. AT&T Texas also supported the commission's conclusion that §26.88 should be repealed because it has been made obsolete since the Federal Communications Commission froze interstate and intrastate traffic factors in 2001. AT&T Texas further agreed with the commission's conclusion that §26.122 is obsolete as a result of Senate Bill 5's repeal, in 2005, of PURA, Chapter 62, Subchapter B. AT&T Texas concluded that the repeal of PURA, §55.151, and replacement with Texas No-Call Legislation, reflected in §26.37, Texas No-Call List, make §26.126 obsolete. Finally, AT&T Texas agreed that the requirements of §26.275 expired on December 31, 2002.
Commission response
The commission believes that adoption of the repeals of these sections will eliminate unnecessary administrative efforts on its part and that of the affected telecommunications providers, resulting in a substantial savings of time and costs.
Subchapter A. GENERAL PROVISIONS
This repeal is adopted under the Public Utility Regulatory Act, Texas Utilities Code Annotated, §14.002 (Vernon 2007), 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, pursuant to the general requirements of SB 408, Section 13, 79th Legislature, Regular Session (Tex. 2005) regarding the commission's ability to act upon those conclusions that do not require statutory review.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002 and SB 408, Section 13, 79th Legislature, Regular Session (Tex. 2005).
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 July 27, 2007.
TRD-200703300
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Effective date: August 16, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 936-7223
These repeals are adopted under the Public Utility Regulatory Act, Texas Utilities Code Annotated, §14.002 (Vernon 2007), 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, pursuant to the general requirements of SB 408, Section 13, 79th Legislature, Regular Session (Tex. 2005), regarding the commission's ability to act upon those conclusions that do not require statutory review.
Cross Reference to Statutes: Public Utility Regulatory Act, §14.002 and SB 408, Section 13, 79th Legislature, Regular Session (Tex. 2005).
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 July 27, 2007.
TRD-200703301
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Effective date: August 16, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 936-7223
These repeals are adopted under the Public Utility Regulatory Act, Texas Utilities Code Annotated. §14.002 (Vernon 2007), 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, pursuant to the general requirements of SB 408, Section 13, 79th Legislature, Regular Session (Tex. 2005), regarding the commission's ability to act upon those conclusions that do not require statutory review.
Cross Reference to Statutes: Public Utility Regulatory Act, §14.002 and SB 408, Section 13, 79th Legislature, Regular Session (Tex. 2005).
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 July 27, 2007.
TRD-200703302
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Effective date: August 16, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 936-7223
This repeal is adopted under the Public Utility Regulatory Act, Texas Utilities Code Annotated, §14.002 (Vernon 2007), 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, pursuant to the general requirements of SB 408, Section 13, 79th Legislature, Regular Session (Tex. 2005), regarding the commission's ability to act upon those conclusions that do not require statutory review.
Cross Reference to Statutes: Public Utility Regulatory Act, §14.002 and SB 408, Section 13, 79th Legislature, Regular Session (Tex. 2005).
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 July 27, 2007.
TRD-200703303
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Effective date: August 16, 2007
Proposal publication date: May 11, 2007
For further information, please call: (512) 936-7208