Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 2 - PUBLIC UTILITY COMMISSION OF TEXAS
Chapter 26 - SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
Subchapter B - CUSTOMER SERVICE AND PROTECTION
Section 26.23 - Refusal of Service
Universal Citation: 16 TX Admin Code § 26.23
Current through Reg. 50, No. 13; March 28, 2025
(a) Dominant certificated telecommunications utility (DCTU).
(1) A DCTU is relieved of its provider of
last resort (POLR) obligations in a market if the market has been deregulated
pursuant to Public Utility Regulatory Act Chapter 65. A DCTU with POLR
obligations may refuse to provide an applicant with basic local
telecommunications service only for one or more of the following reasons:
(A) Applicant's facilities inadequate. The
applicant's installation or equipment is known to be hazardous or of such
character that satisfactory service cannot be given.
(B) Use of prohibited equipment or
attachments. The applicant fails to comply with the DCTU's tariffs pertaining
to operation of nonstandard equipment or unauthorized attachments that
interfere with the service of others.
(C) Failure to pay guarantee. The applicant
has acted as a guarantor for another customer of the DCTU and fails to pay the
guaranteed amount, where such guarantee was made in writing to the DCTU and was
a condition of service.
(D) Intent
to deceive. The applicant requests service at a location where another customer
received or continues to receive service, the other customer's bill from the
DCTU is unpaid at that location, and the DCTU can prove that the change of
account holder and billing name is made to avoid or evade payment of an
outstanding bill owed to the DCTU.
(E) For indebtedness.
(i) If a residential applicant owes a debt to
any DCTU for:
(I) tariffed local
telecommunications service, except as provided in §
26.29 of this title (relating to
Prepaid Local Telephone Service (PLTS)); or
(II) long distance charges after toll
blocking was imposed as provided in §
26.28 of this title (relating to
Suspension or Disconnection of Service).
(ii) If a non-residential applicant owes a
debt to any DCTU for tariffed non-residential local telecommunications service,
including long distance charges.
(iii) If an applicant's indebtedness is in
dispute, basic local telecommunications service shall be provided upon the
applicant's compliance with the deposit requirements in §
26.24 of this title (relating to
Credit Requirements and Deposits).
(F) Refusal to pay a deposit. The applicant
refuses to pay a deposit if the applicant is required to do so under §
26.24 of this title.
(G) Failure to comply with regulations. The
applicant fails to comply with all applicable state and municipal
regulations.
(2)
Applicant's recourse.
(A) If a DCTU has
refused to serve a residential applicant, the DCTU must send the applicant
notice in writing within five work days of the determination to refuse service:
(i) of the reason or reasons for its
refusal;
(ii) that the applicant
will be eligible for service if the applicant remedies the reason or reasons
for refusal and complies with the DCTU's tariffs and terms and conditions of
service;
(iii) that the applicant
may request a supervisory review by the DCTU and may file a complaint with the
commission as described in §
26.30 of this title (relating to
Complaints); and
(iv) that no
telecommunications utility is permitted to:
(I) refuse service on the basis of race,
color, sex, nationality, religion, marital status, income level, or source of
income; nor
(II) unreasonably
refuse service on the basis of geographic location.
(B) Additionally, the DCTU must
inform applicants eligible for prepaid local telephone service under §
26.29 of this title that this
service is available if they are not otherwise eligible for basic local
telecommunications service.
(3) Insufficient grounds for refusal to
serve. The following are not sufficient grounds for refusal of basic local
telecommunications service to an applicant by a DCTU:
(A) delinquency in payment for service by a
previous occupant of the premises to be served;
(B) failure to pay for any charges that are
not provided in the DCTU's tariffs on file at the commission;
(C) failure to pay a bill that includes more
than six months of underbilling unless the underbilling is the result of theft
of service by the applicant;
(D)
failure to pay the bill of another customer at the same address except where
the change of account holder and billing name is made to avoid or evade payment
of that bill; and
(E) failure of a
residential applicant to pay for any charges other than for local
telecommunications service except for long distance charges incurred after toll
blocking was imposed as provided in §
26.28 of this title.
(b) Nondominant certificated telecommunications utility (NCTU).
(1) This subsection does not apply to a
deregulated company holding a certificate of operating authority or to an
exempt carrier under PURA §52.154.
(2) An NCTU may refuse to provide an
applicant with basic local telecommunications service for:
(A) the applicant's failure to comply with
all applicable federal, state, and municipal regulations; or
(B) any other reason that does not violate
applicable federal, state, or municipal statutes, rules, or
regulations.
(3)
Applicant's recourse.
(A) If an NCTU who
offers residential service has refused to provide a residential applicant with
basic local telecommunications service, the NCTU must inform the applicant of
the determination to refuse service:
(i) of
the reason or reasons for its refusal; and
(ii) that the applicant will be eligible for
service if the applicant remedies the reason or reasons for refusal and
complies with the NCTU's terms and conditions of service.
(B) The information required by subparagraph
(A) of this paragraph shall be sent to the applicant in writing within five
working days, if required by the federal Equal Credit Opportunity Act,
15 U.S.C.
§1691 et seq., or if it is requested by
the applicant. The NCTU shall inform the applicant that the applicant may
request a supervisory review by the NCTU and may file a complaint with the
commission as described in §
26.30 of this title.
(4) Insufficient grounds for
refusal to serve. The following are not sufficient grounds for refusal of basic
local telecommunications service to an applicant by an NCTU:
(A) delinquency in payment for service by a
previous occupant of the premises to be served;
(B) failure to pay for any charges that are
not provided in the NCTU's tariffs;
(C) failure to pay a bill that includes more
than six months of underbilling unless the underbilling is the result of theft
of service by the applicant;
(D)
failure to pay the bill of another customer at the same address except where
the change of account holder and billing name is made to avoid or evade payment
of that bill; and
(E) failure of a
residential applicant to pay for any charges other than for local
telecommunications service except for long distance charges incurred after toll
blocking was imposed as provided in §
26.28 of this title.
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