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In this chapter, "electing company" means an incumbent local exchange company that elects to be subject to incentive regulation and to make the corresponding infrastructure commitment under this chapter.
In the case of exchanges for which contracts for sale or transfer are pending as of March 1, 2001, where the purchaser withdrew or defaulted before September 1, 2001, the company shall have one year from the date of withdrawal or default to comply with the commitments.(f) This section does not preclude an electing company from offering a customer-specific contract to the extent allowed by this title as of August 31, 1999.
(a) An electing company may increase a rate for a basic network service during the election period prescribed by Section 58.054 only:(1) with commission approval that the proposed change is included in Section 58.056, 58.057, or 58.058; and(2) as provided by Sections 58.056, 58.057, 58.058, and 58.059.(b) Notwithstanding Subchapter F, Chapter 60, an electing company may, on its own initiative, decrease a rate for a basic network service during the electing period.(c) The company may decrease the rate for a basic local telecommunications service to an amount above the service's appropriate cost.
The commission, on motion of the electing company or on its own motion, shall proportionally adjust rates for services to reflect changes in Federal Communications Commission separations that affect intrastate net income by at least 10 percent.
The electing company may adopt the larger company's cost only if the cost was determined based on a long run incremental cost study.
Notwithstanding Subchapter B, the commission, on request of the electing company, shall allow a rate group reclassification that results from access line growth. An electing company that adopts a cost under this subsection is not required to present its own long run incremental cost study to support the adopted cost.
On election, the services provided by an electing company are classified into two categories:(1) basic network services governed by Subchapter C; and(2) nonbasic services governed by Subchapter E.(3) Renumbered (2) by Acts 1999, 76th Leg., ch.
The criteria must include consideration of the:(1) availability of the service from other providers;(2) effect of the reclassification on service subscribers; and(3) nature of the service.(c) The commission may not reclassify a service until:(1) each competitive safeguard prescribed by Subchapters B-H, Chapter 60, is fully implemented; or(2) for a company that serves more than five million access lines in this state, the date on which the Federal Communications Commission determines in accordance with 47 U.
(a) This chapter does not restrict:(1) a consumer's right to complain to the commission about the application of an ambiguous tariff; or(2) the commission's right to determine:(A) the proper application of that tariff; or(B) the proper rate if that tariff does not apply.(b) This section does not permit the commission to:(1) lower a tariff rate except as specifically provided by this title;(2) change the commission's interpretation of a tariff; or(3) extend the application of a tariff to a new class of customers.
This chapter does not restrict:(1) a consumer's right to complain to the commission about quality of service; or(2) the commission's right to enforce a quality of service standard.
The electing company must also notify the commission of the company's binding commitment to make the following infrastructure improvements not later than September 1, 2000:(1) install Common Channel Signaling 7 capability in each central office; and(2) connect all of the company's serving central offices to their respective LATA tandem central offices with optical fiber or equivalent facilities.(c) The commission by rule shall prescribe appropriate subsets of services.(d) An electing company may file with the commission a request for a finding under this section.