Part 2. PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 26. SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
The Public Utility Commission of Texas (commission) proposes the repeal of certain sections of the Public Utility Regulatory Act (PURA); including, §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. Project Number 33951 has been assigned to this project.
In Project Number 33043, the commission determined that all of the rules herein are obsolete. The commission determined that §26.2, created for use during the interim between the commission's change from Chapter 23 to Chapter 26, had expired. The commission also noted that §26.82 is obsolete and that the section should be repealed to eliminate the reporting requirement. The commission agreed to repeal §26.88 because the Federal Communications Commission (FCC) froze interstate traffic factors and intrastate factors in 2001, making the reporting requirement of the section obsolete. Noting that PURA Chapter 62, Subchapter B, was repealed by Senate Bill (SB) 5 in 2005, the commission concluded that §26.122 is now obsolete. In the case of §26.126, the commission concluded that the repeal of PURA Chapter 55, Subchapter G, in 2001, and the repeal of PURA §55.151 and replacement with Texas No-Call Legislation, reflected in §26.37, Texas No-Call List, make this section obsolete because the requirements are addressed in the new section. Finally, the requirements of §26.275 expired on December 31, 2002, making this section obsolete.
Janis Ervin, Senior Policy Specialist, Infrastructure Reliability Division, has determined that for each year of the first five-year period the proposed repeal is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeal of the sections.
Ms. Ervin has also determined that for each year of the first five years the proposed repeal is in effect the public benefit anticipated as a result of enforcing the repeal of the sections will be that Chapter 26 will be updated to reflect the impact of completed projects and legislative changes that occurred since the original adoption of these sections. The repeal of these sections will result in less confusion and greater efficiency for the telecommunications providers, the public and the commission. There will be no adverse economic effect on small businesses or micro-businesses as a result of enforcing these repeals. There is no anticipated economic cost to persons who are required to comply with the repeal of the sections as proposed.
Ms. Ervin has also determined that for each year of the first five years that the proposed repeal of these 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 (APA), Texas Government Code §2001.022.
The commission staff will conduct a public hearing on this rulemaking, if requested pursuant to the Administrative Procedure Act, Texas Government Code §2001.029, or deemed necessary by commission staff, at the commission's offices located in the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701 on Wednesday, June 27, 2007, at 10:00 a.m. The request for a public hearing must be received within 30 days after publication.
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 30 days after publication. Reply comments may be submitted within 45 days after publication. Parties are also requested to e-mail an electronic copy of comments to janis.ervin@puc.state.tx.us, if possible. The commission invites specific comments regarding any costs associated with, and benefits that will be gained by, implementation of the proposed repeal of these sections. The commission will consider the costs and benefits in deciding whether to repeal the proposed sections. All comments should refer to Project Number 33951 and should be organized in sequence by the applicable sections and subsections.
Subchapter A. GENERAL PROVISIONS
(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 repeal is proposed under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement 2006) (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, Texas Utilities Code Annotated §§11.001 - 66.017 (Vernon 1998, Supplement 2006) (PURA).
§26.2.Cross-Reference Transition Provision.
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 April 27, 2007.
TRD-200701602
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: June 10, 2007
For further information, please call: (512) 936-7223
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections 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 repeal is proposed under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement 2006) (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, Texas Utilities Code Annotated §§11.001 - 66.017 (Vernon 1998, Supplement 2006) (PURA).
§26.82.Construction Reports.
§26.88.Traffic Usage Studies.
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 April 27, 2007.
TRD-200701603
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: June 10, 2007
For further information, please call: (512) 936-7223
(Editor's note: The text of the following sections proposed for repeal will not be published. The sections 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 repeal is proposed under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement 2006) (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, Texas Utilities Code Annotated §§11.001 - 66.017 (Vernon 1998, Supplement 2006) (PURA).
§26.122.Customer Proprietary Network Information (CPNI).
§26.126.Telephone Solicitation.
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 April 27, 2007.
TRD-200701604
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: June 10, 2007
For further information, please call: (512) 936-7223
(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 repeal is proposed under the Public Utility Regulatory Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement 2006) (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, Texas Utilities Code Annotated §§11.001 - 66.017 (Vernon 1998, Supplement 2006) (PURA).
§26.275.IntraLATA Equal Access.
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 April 27, 2007.
TRD-200701605
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: June 10, 2007
For further information, please call: (512) 936-7223