Current through Reg. 50, No. 13; March 28, 2025
(a) Purpose. This section establishes the
guidelines for financial assistance to ETPs that serve uncertificated areas of
the state where an ETP volunteers to provide basic voice-grade
telecommunications service to permanent residential and single-line business
premises.
(b) Definitions. The
following words and terms, when used in this section, shall have the following
meaning unless the context clearly indicates otherwise:
(1) Eligible line--A residential line and a
single-line business line as defined by §
26.403 of this title (relating to
Texas High Cost Universal Service Plan (THCUSP)).
(2) Eligible telecommunications provider
(ETP)--A telecommunications provider designated by the commission pursuant to
§
26.417 of this title (relating to
Designation as Eligible Telecommunications Providers to Receive Texas Universal
Service Funds (TUSF)).
(3)
Permanent residential or business premises--A premise as defined pursuant to
§
26.421 of this title (relating to
Designation of Eligible Telecommunications Providers to Provide Service to
Uncertificated Areas).
(4)
Uncertificated areas--An area of the state that is not included within the
certificated area of a holder of a certificate of convenience and necessity
(CCN).
(c) Application.
This section applies to telecommunications providers that have been designated
ETPs by the commission pursuant to §
26.417 of this title. This section
does not apply to a deregulated company holding a certificate of operating
authority or to an exempt carrier under Public Utility Act (PURA)
§52.154.
(d) Service to be
supported by the High Cost Universal Service Plan for uncertificated areas
where an ETP volunteers to provide basic local telecommunications service. The
High Cost Universal Service Plan for uncertificated areas shall support the
provision by ETPs of basic local telecommunications services as defined in
§
26.403(d) of
this title.
(e) Support for
uncertificated areas where an ETP volunteers to provide service. The TUSF
administrator shall disburse monthly support payments to ETPs qualified to
receive support pursuant to this section. The amount of support available to
each ETP shall be calculated using the base support amount available as
provided under paragraph (1) of this subsection as adjusted by the requirements
of paragraph (3)(B) of this subsection.
(1)
Determining base support amount available to ETPs.
(A) The monthly per-line support available
for uncertificated areas shall be determined by calculating the average of the
per-line support amount approved for all local telephone company exchanges of
CCN holder's that are contiguous to the uncertificated area for which
reimbursement is requested. The per line support amounts used for this
calculation shall include, as appropriate, support amounts approved for only
those exchanges directly contiguous to the uncertificated area for which
support is being requested. The resulting average support shall apply to a line
at a premises in the uncertificated area regardless of the residential or
business status of the line.
(B)
Support under this section is portable with the consumer.
(2) Proceedings to determine support amount.
(A) Initial determination for uncertificated
areas.
(i) Upon petition by an ETP, the
commission shall establish a monthly per-line support amount for an
uncertificated area as identified by the ETP where it has been determined that
prospective telecommunications subscribers exist. The establishment of support
for more than one uncertificated area may be requested within a single
petition.
(ii) The review of the
petition shall be accomplished in an administrative or docketed proceeding
initiated by the ETP requesting support for the provision of single-line
residential or business service within an uncertificated area or
areas.
(iii) The commission, on its
own motion, may initiate a proceeding to establish monthly per-line support
amounts for uncertificated areas.
(B) Subsequent determination of support
amount.
(i) The commission shall subsequently
review the support for uncertificated areas consistent with the review provided
for under §
26.403 and §
26.404 of this title (relating to
Small and Rural Incumbent Local Exchange Company (ILEC) Universal Service
Plan).
(ii) The commission may
initiate review of the support for uncertificated areas and base support
amounts under this section on its own motion at any time.
(3) Calculating amount of support
payments to individual ETPs. After the monthly per-line amount is determined,
the TUSF administrator shall make the following adjustments each month in order
to determine the actual support payment that each ETP may receive each month.
(A) Payments. The payment to each ETP shall
be computed by multiplying the per-line amount established by paragraph (1) of
this subsection for a given uncertificated area by the number of eligible lines
served by the ETP in such uncertificated area for the month.
(B) Adjustment for federal USF support. The
base support amount an ETP is eligible to receive shall be decreased by the
amount of federal universal service high cost support received by the
ETP.
(f)
Reporting requirements.
(1) An ETP eligible
to receive support under this section shall provide the TUSF administrator with
the following information:
(A) A report of
the total number of eligible lines served by the ETP in a designated
uncertificated area to the TUSF Administrator on a monthly basis;
(B) The telecommunications provider's
residential and single-line business rates on file with the commission, as of
the provisioning date for service;
(C) The average per-line assistance for each
local exchange telephone company exchange contiguous to the area in question;
and
(D) A calculation of the base
support in accordance with the requirements of this subsection and subsection
(e) of this section.
(2)
Upon request by the commission, the telecommunications provider awarded support
under this section shall explain the basis on which it is establishing rates
under this section.
(3) An ETP
shall report any other information required by the commission and the TUSF
Administrator, including any information necessary to assess contributions to
and disbursements from the TUSF.
(g) Initial support provided pursuant to this
section. Initial payment of support under this section shall be retroactive to
the latter of the date on which a telecommunications provider either:
(1) Petitions the commission for THCUSP
assistance; or
(2) Begins providing
basic local telephone service to the residential or business location approved
for support.
