Current through Reg. 50, No. 13; March 28, 2025
(a) Purpose. This
section, in conjunction with the audit, eligibility, public reporting, and
affidavits of compliance requirements set forth throughout this subchapter,
establishes procedures to ensure reasonable transparency and accountability in
the administration of the Texas Universal Service Fund (TUSF).
(b) Application.
(1) This section applies to a
telecommunications provider that has been designated as an eligible
telecommunications provider (ETP) by the commission pursuant to §
26.417 of this title (relating to
Designation as Eligible Telecommunications Providers to Receive Texas Universal
Service Funds (TUSF)). Subsections (c) and (d) of this section apply to a
telecommunications provider that has been designated, or has applied after June
30, 2013 to be designated by the commission as an eligible telecommunications
carrier (ETC) pursuant to §
26.418 of this title (relating to
Designation of Common Carrier as Eligible Telecommunications Carriers to
Receive Federal Universal Service Funds).
(2) All filings made with the commission
pursuant to this section, including a filing subject to a claim of
confidentiality, shall be filed with the commission's Filing Clerk in
accordance with the commission's Procedural Rules, Chapter 22, Subchapter E of
this title (relating to Pleadings and other Documents).
(c) Reports required for a price cap carrier
designated as an ETP and as an ETC that receives federal USF high cost support.
This subsection applies to an ETP that has been designated as an ETC that
receives federal high cost support and has been designated as a price cap
carrier by the Federal Communications Commission (FCC).
(1) By July 1, 2013, a telecommunications
provider that has been designated as an ETC shall file a five-year plan that
describes with specificity proposed improvements or upgrades to the ETC's
network throughout its service area or proposed service area. The information
shall be submitted at the wire center level for a carrier receiving high cost
support and on a census block level for a carrier receiving Mobility Fund
support. The ETC shall estimate the area (expressed in square miles) and
population that will be served as a result of the improvements for each wire
center or census block as appropriate. An ETC that has been granted a limited
ETC for purposes of providing Lifeline only, pursuant to 47 C.F.R. Part 54
Subpart E, is not required to submit a five-year plan. Any telecommunications
provider that applies for ETC designation after June 30, 2013 shall submit a
five-year plan with its ETC application.
(2) By July 1 of each subsequent year after
filing its five-year plan pursuant to paragraph (1) of this subsection, each
ETC shall submit a progress report on its five-year plan, including maps
detailing its progress towards meeting its plan targets, an explanation of how
much universal service support was received and how it was used to improve
service quality, coverage, or capacity, and an explanation regarding any
network improvement targets that have not been fulfilled in the prior calendar
year. The information shall be submitted at the wire center level or census
block as appropriate.
(d) Reports required for a rate of return
carrier, competitive local exchange carrier (CLEC), or wireless carrier
designated as an ETP and as an ETC that receives federal USF high cost support.
This subsection applies to an ETP that has been designated as an ETC that
receives federal high cost support and that has been designated as a rate of
return carrier, competitive local exchange carrier, or wireless carrier by the
FCC.
(1) By July 1, 2013, a
telecommunications provider that has been designated as an ETC shall file a
five-year plan that describes with specificity proposed improvements or
upgrades to the ETC's network throughout its service area or proposed service
area. The information shall be submitted at the wire center level for a carrier
receiving high cost support and on a census block level for carriers receiving
Mobility Fund support. The ETC shall estimate the area (expressed in square
miles) and population that will be served as a result of the improvements for
each wire center or census block as appropriate. An ETC that has been granted a
limited ETC for purposes of providing Lifeline only, pursuant to 47 C.F.R. Part
54 Subpart E, is not required to submit a five-year plan. Any
telecommunications provider that applies for ETC designation after June 30,
2013 shall submit a five-year plan with its ETC application.
(2) By July 1 of each subsequent year after
filing its five-year plan pursuant to paragraph (1) of this subsection, each
ETC shall submit a progress report on its five-year plan, including maps
detailing its progress towards meeting its plan targets, an explanation of how
much universal service support was received and how it was used to improve
service quality, coverage, or capacity, and an explanation regarding any
network improvement targets that have not been fulfilled in the prior calendar
year. The information shall be submitted at the wire center level or census
block as appropriate.
(e) Reports made public by the commission.
For each State fiscal quarter, no later than the 45th day after the end of the
preceding quarter, the commission shall make the following information publicly
available on the commission's website:
(1) A
cash flow statement for the overall TUSF indicating starting balance, total
revenues, disbursements for each program described in §
26.401(b) of
this title (relating to Texas Universal Service Plan (TUSF)), and ending
balance; and
(2) Total
disbursements from the TUSF to each recipient company or organization for each
program described in §
26.401(b) of
this title.
