UTILITIES CODE
CHAPTER 55. REGULATION OF TELECOMMUNICATIONS SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
§ 55.001. GENERAL STANDARD. A public utility shall
furnish service, instrumentalities, and facilities that are safe,
adequate, efficient, and reasonable.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.002. COMMISSION AUTHORITY CONCERNING
STANDARDS. The commission, on its own motion or on complaint and
after reasonable notice and hearing, may:
(1) adopt just and reasonable standards,
classifications, rules, or practices a public utility must follow
in furnishing a service;
(2) adopt adequate and reasonable standards for
measuring a condition, including quantity and quality, relating to
the furnishing of a service;
(3) adopt reasonable rules for examining, testing, and
measuring a service; and
(4) adopt or approve reasonable rules,
specifications, and standards to ensure the accuracy of equipment,
including meters and instruments, used to measure a service.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.003. RULE OR STANDARD. (a) A public utility may
not impose a rule except as provided by this title.
(b) A public utility may file with the commission a
standard, classification, rule, or practice the utility follows.
(c) The standard, classification, rule, or practice
continues in force until:
(1) amended by the utility; or
(2) changed by the commission as provided by this
subtitle.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.004. LOCAL EXCHANGE COMPANY RULE OR PRACTICE
CHANGE. (a) To make a change in an incumbent local exchange
company's tariffed rules or practices that does not affect the
company's charges or rates, the company must file the proposed
change with the commission at least 35 days before the effective
date of the change. The commission may require the incumbent local
exchange company to provide to ratepayers appropriate notice as
determined by the commission.
(b) The commission, on complaint by an affected person or on
its own motion and after reasonable notice, may hold a hearing to
determine the propriety of a change proposed under this section.
Pending the hearing and decision, the commission may suspend the
change for not longer than 120 days after the date the change would
otherwise be effective. The commission shall approve, deny, or
modify the change before the period of suspension expires.
(c) In a proceeding under this section, the incumbent local
exchange company has the burden of proving the proposed change:
(1) is in the public interest; and
(2) complies with this title.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.005. UNREASONABLE PREFERENCE OR PREJUDICE
CONCERNING SERVICE PROHIBITED. In providing a service to persons
in a classification, a public utility may not:
(1) grant an unreasonable preference or advantage to a
person in the classification; or
(2) subject a person in the classification to an
unreasonable prejudice or disadvantage.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.006. DISCRIMINATION AND RESTRICTION ON
COMPETITION. A public utility may not:
(1) discriminate against a person who sells or leases
equipment or performs services in competition with the public
utility; or
(2) engage in a practice that tends to restrict or
impair that competition.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.007. MINIMUM SERVICES. (a) The commission shall
require a holder of a certificate of convenience and necessity or a
certificate of operating authority to provide at the applicable
tariff rate, if any, to each customer, regardless of race, national
origin, income, or residence in an urban or rural area:
(1) single-party service;
(2) tone-dialing service;
(3) basic custom calling features;
(4) equal access for an interLATA interexchange
carrier on a bona fide request; and
(5) digital switching capability in an exchange on
customer request, provided by a digital switch in the exchange or by
connection to a digital switch in another exchange.
(b) Notwithstanding Subsection (a), an electing incumbent
local exchange company serving more than 175,000 but fewer than
1,500,000 access lines on January 1, 1995, shall install a digital
switch in each central office that serves an exchange of fewer than
20,000 access lines.
(c) The commission may temporarily waive a requirement
imposed by Subsection (a) or (b) on a showing of good cause.
(d) The commission may not consider the cost of implementing
this section in determining whether an electing company is entitled
to:
(1) a rate increase under Chapter 58 or 59; or
(2) increased universal service funds under
Subchapter B, Chapter 56.
(e) Expired.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.008. IMPROVEMENTS IN SERVICE; INTERCONNECTING
SERVICE. The commission, after notice and hearing, may:
(1) order a public utility to provide specified
improvements in its service in a specified area if:
(A) service in the area is inadequate or
substantially inferior to service in a comparable area; and
(B) requiring the company to provide the improved
service is reasonable; or
(2) order two or more utilities to establish specified
facilities for interconnecting service.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.009. INTRALATA CALLS. (a) If federal law
prohibits a local exchange company in this state from providing
interLATA telecommunications services, the local exchange
companies in this state designated or de facto authorized to
receive a "0-plus" or "1-plus" dialed intraLATA call are
exclusively designated or authorized to receive such a call.
(b) A telecommunications utility operating under a
certificate of operating authority or a service provider
certificate of operating authority is de facto authorized to
receive a "0-plus" or "1-plus" dialed intraLATA call on the date the
utility receives its certificate, to the extent the utility is not
restricted by Section 54.159.
(c) If federal law allows all local exchange companies to
provide interLATA telecommunications services, the commission
shall ensure that:
(1) a customer may designate a provider of the
customer's choice to carry the customer's "0-plus" and "1-plus"
dialed intraLATA calls; and
(2) equal access in the public network is implemented
to allow the provider to carry those calls.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.010. BILLING FOR SERVICE TO THE STATE. A
telecommunications utility providing service to the state,
including service to an agency in any branch of state government,
may not impose a fee, a penalty, interest, or any other charge for
delinquent payment of a bill for that service.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.011. NOTICE OF IDENTITY OF INTEREXCHANGE
CARRIER. (a) A local exchange company shall print on the first
page of each bill sent to a customer of the local exchange company
the name of the customer's primary interexchange carrier if the
company provides billing services for that carrier.
(b) The bill must contain instructions on how the customer
can contact the commission if the customer believes that the named
carrier is not the customer's primary interexchange carrier.
(c) The commission may, for good cause, waive the billing
requirement prescribed by this section in exchanges served by local
exchange companies serving not more than 31,000 access lines.
Added by Acts 1999, 76th Leg., ch. 62, § 18.04(b), eff. Sept. 1,
1999.
§ 55.012. LIMITATIONS ON DISCONTINUANCE OF BASIC LOCAL
TELECOMMUNICATIONS SERVICE. (a) A provider of basic local
telecommunications service may not discontinue that service
because of nonpayment by a residential customer of charges for long
distance service. Payment shall first be allocated to basic local
telecommunications service.
(b) For purposes of allocating payment in this section, if
the provider of basic local telecommunications service bundles its
basic local telecommunications service with long distance service
or any other service and provides a discount for the basic local
telecommunications service because of that bundling, the rate of
basic local telecommunications service shall be the rate the
provider charges for stand-alone basic local telecommunications
service.
(c) Notwithstanding Subsection (a), the commission shall
adopt and implement rules, not later than January 1, 2000, to
prevent customer abuse of the protections afforded by this section.
The rules must include:
(1) provisions requiring a provider of basic local
telecommunications service to offer and implement, at the request
and expense of a long distance service provider, toll blocking
capability to limit a customer's ability to incur additional
charges for long distance services after nonpayment for long
distance services; and
(2) provisions regarding fraudulent activity in
response to which a provider may discontinue a residential
customer's basic local telecommunications service.
(d) Notwithstanding any other provision of this title, the
commission has all jurisdiction necessary to establish a maximum
price that an incumbent local exchange company may charge a long
distance service provider to initiate the toll blocking capability
required to be offered under the rules adopted under Subsection
(c). The maximum price established under this subsection shall be
observed by all providers of basic local telecommunications service
in the incumbent local exchange company's certificated service
area. Notwithstanding Sections 52.102 and 52.152, the commission
has all jurisdiction necessary to enforce this section.
Added by Acts 1999, 76th Leg., ch. 1579, § 5, eff. Aug. 30, 1999.
§ 55.013. LIMITATIONS ON DISCONTINUANCE OF BASIC LOCAL
TELECOMMUNICATIONS SERVICE. (a) A provider of basic local
telecommunications service may not discontinue that service
because of nonpayment by a residential customer of charges for long
distance service. Payment shall first be allocated to basic local
telecommunications service.
(b) For purposes of allocating payment in this section, if
the provider of basic local telecommunications service bundles its
basic local telecommunications service with long distance service
or any other service and provides a discount for the basic local
telecommunications service because of that bundling, the rate of
basic local telecommunications service shall be the rate the
provider charges for stand-alone basic local telecommunications
service.
(c) Notwithstanding Subsection (a), the commission shall
adopt and implement rules, not later than January 1, 2000, to
prevent customer abuse of the protections afforded by this section.
The rules must include:
(1) provisions requiring a provider of basic local
telecommunications service to offer and implement toll blocking
capability to limit a customer's ability to incur additional
charges for long distance services after nonpayment for long
distance services; and
(2) provisions regarding fraudulent activity in
response to which a provider may discontinue a residential
customer's basic local telecommunications service.
(d) Notwithstanding any other provision of this title, the
commission has all jurisdiction necessary to establish a maximum
price that an incumbent local exchange company may charge a long
distance service provider to initiate the toll blocking capability
required to be offered under the rules adopted under Subsection
(c). The maximum price established under this subsection shall be
observed by all providers of basic local telecommunications service
in the incumbent local exchange company's certificated service
area. Notwithstanding Sections 52.102 and 52.152, the commission
has all jurisdiction necessary to enforce this section.
(e) A provider of basic local exchange telecommunications
service shall comply with the requirements of this section not
later than March 1, 2000.
Added by Acts 1999, 76th Leg., ch. 1212, § 19, eff. Sept. 1,
1999.
§ 55.014. PROVISION OF ADVANCED TELECOMMUNICATIONS
SERVICES. (a) In this section, "advanced service" means any
telecommunications service other than residential or business
basic local exchange telephone service, caller identification
service, and customer calling features.
(b) This section applies to a company electing under Chapter
58 or a company that holds a certificate of operating authority or
service provider certificate of operating authority.
(c) Notwithstanding any other provision of this title,
beginning September 1, 2001, a company to which this section
applies that provides advanced telecommunications services within
the company's urban service areas, shall, on a bona fide retail
request for those services, provide in rural areas of this state
served by the company advanced telecommunications services that are
reasonably comparable to the advanced services provided in urban
areas. The company shall offer the advanced telecommunications
services:
(1) at prices, terms, and conditions that are
reasonably comparable to the prices, terms, and conditions for
similar advanced services provided by the company in urban areas;
and
(2) within 15 months after the bona fide request for
those advanced services.
(d) Notwithstanding any other provision of this title, a
company to which this section applies shall, on a bona fide retail
request for those services, offer caller identification service and
custom calling features in rural areas served by the company. The
company shall offer the services:
(1) at prices, terms, and conditions reasonably
comparable to the company's prices, terms, and conditions for
similar services in urban areas; and
(2) within 15 months after the bona fide request for
those services.
(e) This section may not be construed to require a company
to:
(1) begin providing services in a rural area in which
the company does not provide local exchange telephone service; or
(2) provide a service in a rural area of this state
unless the company provides the service in urban areas of this
state.
(f) For purposes of this section, a company to which this
section applies is considered to provide services in urban areas of
this state if the company provides services in a municipality with a
population of more than 190,000.
(g) Notwithstanding any other provision of this title, the
commission has all jurisdiction necessary to enforce this section.
Added by Acts 1999, 76th Leg., ch. 1212, § 20, eff. Sept. 1,
1999.
§ 55.015. LIFELINE SERVICE. (a) The commission shall
adopt rules prohibiting a telecommunications provider from
discontinuing basic local exchange telephone service to a consumer
who receives lifeline service because of nonpayment by the consumer
of charges for other services billed by the provider, including
long distance service.
(b) The commission shall adopt rules providing for
automatic enrollment to receive lifeline service for eligible
consumers. The Texas Department of Human Services, on request of
the commission, shall assist in the adoption and implementation of
those rules. The commission and the Texas Department of Human
Services shall enter into a memorandum of understanding
establishing the respective duties of the commission and department
in relation to the automatic enrollment.
(c) A telecommunications provider may block a lifeline
service participant's access to all long distance service except
toll-free numbers when the participant owes an outstanding amount
for that service. The telecommunications provider shall remove the
block without additional cost to the participant on payment of the
outstanding amount.
(d) A telecommunications provider shall offer a consumer
who applies for or receives lifeline service the option of blocking
all toll calls or, if technically capable, placing a limit on the
amount of toll calls. The provider may not charge the consumer an
administrative charge or other additional amount for the blocking
service.
(e) In this section, "lifeline service" means a retail local
service offering described by 47 C.F.R. Section 54.401(a), as
amended.
Added by Acts 1999, 76th Leg., ch. 1212, § 21, eff. Sept. 1,
1999.
§ 55.016. TELECOMMUNICATIONS BILLING. (a) The
proliferation of charges for separate services, products,
surcharges, fees, and taxes on a bill for telecommunications
products or services has increased the complexity of those bills to
such an extent that in some cases the bills have become difficult
for customers to understand.
(b) A bill from a local exchange company for
telecommunications products or services should be consistent with
providing customers sufficient information about the charges
included in the bill to understand the basis and source of the
charges.
(c) To the extent permitted by law, a monthly bill from a
local exchange company for local exchange telephone service shall
clearly identify all charges including basic local service charges,
fees, carrier's charges, assessments, surcharges, optional
services, and taxes.
(d) Local exchange carriers shall annually file a copy of
that portion of their bill that has not been previously approved by
the commission for compliance review with this section.
(e) The commission shall have all necessary authority to
enforce this section.
Added by Acts 1999, 76th Leg., ch. 1212, § 18, eff. Mar. 1, 2000.
Amended by Acts 2001, 77th Leg., ch. 963, § 1, eff. June 14,
2001. Renumbered from § 55.012 by Acts 2001, 77th Leg., ch.
1420, § 21.001(110), eff. Sept. 1, 2001.
SUBCHAPTER B. EXTENDED AREA SERVICE
§ 55.021. EXTENDED AREA SERVICE. After notice and a
hearing, the commission may order one or more local exchange
companies that are dominant carriers to provide:
(1) mandatory extended area service in accordance with
Section 55.022; or
(2) optional extended area service in accordance with
Section 55.023.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.022. MANDATORY SERVICE. The commission may order
mandatory extended area service in a specified metropolitan area
if:
(1) there is a sufficient community of interest in the
area; and
(2) the company can reasonably provide the service.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.023. OPTIONAL EXTENDED AREA SERVICE. (a) The
commission may order optional extended area service in a specified
calling area if:
(1) each affected company and the representatives of
at least one political subdivision in the proposed calling area
agree to the service; and
(2) the proposed common calling area has a single,
continuous boundary.
(b) The commission may not adopt rules that diminish in any
manner the ability of an affected company or a political
subdivision to enter into joint agreements for optional extended
area service under this section.
(c) In this section, "political subdivision" means:
(1) a county;
(2) a municipality; or
(3) an unincorporated town or village that has 275 or
more access lines.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.024. CHARGE FOR EXTENDED AREA SERVICE. (a) An
incumbent local exchange company that provides mandatory two-way
extended area service to customers shall impose for that service a
separately stated monthly charge of $3.50 a line for a residential
customer and $7 a line for a business customer if, on September 1,
1995, the company:
(1) served more than 1,000,000 access lines in this
state; and
(2) imposed a separately stated monthly charge for
mandatory two-way extended area service of more than $3.50 a line
for a residential customer and more than $7 a line for a business
customer.
(b) The company shall recover all costs incurred and all
loss of revenue that results from imposition of the rates
prescribed by Subsection (a) in the manner prescribed by Section
55.048(c).
(c) The rate limitation prescribed by Subsection (a) does
not apply to a separately stated monthly charge for:
(1) extended area service in or into a metropolitan
exchange; or
(2) extended metropolitan service.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.025. HUNTING SERVICE. (a) A local exchange
company shall make available, at a reasonable tariffed rate,
hunting service from local exchange lines to extended metropolitan
service lines.
(b) The company may not require a customer to purchase
additional extended metropolitan service to obtain the hunting
service.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
SUBCHAPTER C. EXPANDED TOLL-FREE LOCAL CALLING AREAS
§ 55.041. DEFINITIONS. In this subchapter,
"metropolitan exchange," "local calling area of a metropolitan
exchange," and "exchange" have the meanings and boundaries assigned
by the commission on September 1, 1993.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.042. CONTIGUOUS EXCHANGE. The commission may
expand a toll-free local calling area into an exchange that is not
in a metropolitan exchange but is in a local calling area that is
contiguous to a metropolitan exchange that the commission
determines has a community of interest with the exchange for which a
petition is filed under this subchapter.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.043. SPLITTING EXCHANGES
PROHIBITED. Notwithstanding any other provision of this
subchapter, the commission may not split a petitioning or requested
exchange in establishing a toll-free local calling area.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.044. EXEMPTION. (a) The commission may not
require an incumbent local exchange company serving the petitioning
or requested exchange to expand the company's toll-free local
calling area under this subchapter if:
(1) the incumbent local exchange company has fewer
than 10,000 access lines;
(2) the petitioning or requested exchange is served by
a telephone cooperative corporation;
(3) extended area service or extended metropolitan
service is available between the exchanges;
(4) the petitioning or requested exchange is a
metropolitan exchange; or
(5) the commission determines that the company has
shown that to serve the area is not geographically or
technologically feasible.
(b) To promote the wide dispersion of pay telephones, the
commission may:
(1) exempt pay telephones from this subchapter; or
(2) change the rates charged for calls from pay
telephones.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.045. ELIGIBILITY TO PETITION. The telephone
subscribers of an incumbent local exchange company exchange that
serves not more than 10,000 access lines may petition the
commission for expansion of the company's toll-free local calling
area if:
(1) the petitioning exchange's central switching
office is located within 22 miles, using vertical and horizontal
geographic coordinates, of the central switching office of the
exchange requested for expanded local calling service; or
(2) the petitioning exchange's central office is not
more than 50 miles from the central office of the exchange requested
for expanded local calling service and the exchanges share a
community of interest.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.046. PETITION REQUIREMENTS. (a) A petition under
this subchapter must be signed by a number of the exchange's
subscribers equal at least to the lesser of 100 of the exchange's
subscribers or five percent of the exchange's subscribers.
(b) An exchange that petitions under Section 55.045(2) must
demonstrate in the petition that the exchange shares a community of
interest with the requested exchange.
(c) For purposes of this section, the relationships between
exchanges that create a community of interest include:
(1) a relationship because of schools, hospitals,
local governments, or business centers; or
(2) other relationships that would make the
unavailability of expanded local calling service a hardship for the
residents of the area.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.047. BALLOTING AND CONSIDERATION. (a) If the
commission receives a petition that complies with this subchapter,
the commission shall order the incumbent local exchange company to
provide ballots to the subscribers in the petitioning exchange.
(b) The commission shall consider the request for expansion
of the toll-free local calling area if at least 70 percent of the
subscribers who vote do so in favor of the expansion.
(c) The commission by rule shall provide for an expedited
hearing on the issue of expansion.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.048. CHARGES. (a) The incumbent local exchange
company shall recover all costs incurred and all loss of revenue
from an expansion of a toll-free local calling area under this
subchapter through a request other than a revenue requirement
showing by imposing a monthly fee under Subsection (b) or (c), or
both.
(b) The company may impose a monthly fee against each
residential and business customer in the petitioning exchange. The
fee may not exceed $3.50 a line for a residential customer and $7 a
line for a business customer unless the customer's toll-free local
calling area includes more than five exchanges. The company may
impose an additional monthly fee of $1.50 for each exchange in
excess of five. This subsection applies regardless of the number of
petitions required to obtain access to the exchanges. A company may
impose a fee under this subsection only until the company's next
general rate case.
(c) The company may impose a monthly fee against each of the
company's local exchange service customers in this state. This fee
is in addition to the company's local exchange rates.
(d) The company may not recover regulatory case expenses
under this subchapter by imposing a surcharge on the subscribers of
the petitioning exchange.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
SUBCHAPTER D. OPERATOR SERVICE PROVIDERS
§ 55.081. DEFINITION. In this subchapter, "operator
service" means a service using live operator or automated operator
functions to handle telephone service such as toll calling using
collect, third-number billing, and calling card services. The term
does not include a call for which the called party has arranged to
be billed (800 service).
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.082. APPLICABILITY. Except as provided by Section
55.088, this subchapter applies only to a telecommunications
utility that is not a dominant carrier.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.083. RULES AND PROCEDURES. (a) The commission
may adopt rules and establish procedures to enforce and implement
this subchapter.
(b) A rule adopted under this subchapter must be
nondiscriminatory and designed to promote competition that
facilitates consumer choice.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.084. INFORMATION DISPLAYED ON PUBLIC USE
TELEPHONE. (a) An operator service provider shall furnish each
entity with which it contracts to provide operator service a
sticker, card, or other form of information approved by the
commission for each telephone that:
(1) has access to the service; and
(2) is intended for use by the public.
(b) The commission may grant the owner of a telephone
approval for an alternative form of information.
(c) The information must state:
(1) the provider's name;
(2) that the operator service provider will provide
rate information on a caller's request;
(3) that a caller, on the caller's request, will be
informed of the method of access to the local exchange carrier
operator; and
(4) that a complaint about the service may be made to
the provider or to the commission at the designated telephone
number.
(d) The operator service provider shall by contract require
an entity receiving information to display the information on or
near each telephone for which the operator service provider is
required to furnish the information.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.085. CONNECTION ANNOUNCEMENT. Before connecting a
call, the operator service provider shall:
(1) announce the provider's name; and
(2) at the caller's request, quote the rate and any
other fee or surcharge that applies to the call and is charged by
the provider.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.086. INFORMATION REQUIRED ON ACCESS TO LOCAL
EXCHANGE COMPANY OPERATOR. (a) An operator service provider, on
a caller's request, shall inform the caller of the method of access
to the local exchange carrier operator serving the exchange from
which the call is made.
(b) A charge may not be made for information provided under
this section.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.087. ACCESS TO LOCAL EXCHANGE COMPANY AND OTHER
UTILITIES REQUIRED. (a) The commission by rule shall require an
operator service provider to include in its contract with each
entity through which it provides operator service a provision that
requires each telephone subscribed to its service to allow access
to:
(1) the local exchange carrier operator serving the
exchange from which the call is made; and
(2) other telecommunications utilities.
(b) To prevent fraudulent use of its service, an operator
service provider or an entity through which it provides operator
service may block the access described by Subsection (a) by
obtaining a waiver for this purpose from the commission or the
Federal Communications Commission. The commission by rule shall
establish the procedure and criteria for obtaining a waiver from
the commission.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.088. ACCESS TO LIVE OPERATOR REQUIRED. (a) A
dominant or nondominant telecommunications utility that provides
operator service shall ensure that a caller has access to a live
operator at the beginning of a live or mechanized operator-assisted
call through a method designed to be easily and clearly
understandable and accessible to the caller.
(b) A telecommunications utility described by Subsection
(a) shall submit to the commission for review the method by which
the utility will provide access to a live operator.
(c) This section applies regardless of the method by which
the telecommunications utility provides operator service.
(d) This section does not apply to a telephone located in a
prison or jail facility.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.089. COMMISSION MAY INVESTIGATE AND ACT ON
VIOLATION. (a) If the commission determines that an operator
service provider has violated or is about to violate this
subchapter, the commission, after notice and evidentiary hearing,
may take action to stop, correct, or prevent the violation.
(b) The commission may investigate a complaint that it
receives concerning an operator service.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
SUBCHAPTER E. CALLER IDENTIFICATION SERVICE
§ 55.101. DEFINITIONS. In this subchapter:
(1) "Caller identification information" means any
information that may be used to identify the specific originating
number or originating location of a wire or electronic
communication transmitted by a telephone, including the telephone
listing number or the name of the customer from whose telephone a
telephone number is dialed.
(2) "Caller identification service" means a service
that provides caller identification information to a device that
can display the information.
(3) "Per-call blocking" means a telecommunications
service that prevents caller identification information from being
transmitted to a called party on an individual call when the calling
party affirmatively acts to prevent the transmission.
(4) "Per-line blocking" means a telecommunications
service that prevents caller identification information from being
transmitted to a called party on each call unless the calling party
affirmatively acts to permit the transmission.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.102. APPLICABILITY. (a) This subchapter applies
only to the provision of caller identification service.
(b) This subchapter does not apply to:
(1) an identification service that is used in a
limited system, including a central office based PBX-type system;
(2) information that is used on a public agency's
emergency telephone line or on a line that receives the primary
emergency telephone number (911);
(3) information exchanged between telecommunications
utilities, enhanced service providers, or other entities that is
necessary for the setting up, processing, transmission, or billing
of telecommunications or related services;
(4) information provided in compliance with
applicable law or legal process; or
(5) an identification service provided in connection
with a 700, 800, or 900 access code telecommunications service.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.103. PROVISION OF SERVICE. (a) A
telecommunications utility may offer caller identification
services under this subchapter only if the utility obtains written
authorization from the commission.
(b) A commercial mobile service provider may offer caller
identification services in accordance with Sections 55.104,
55.105, 55.106, 55.1065, and 55.107.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, § 18.05(a), eff. Sept. 1, 1999.
§ 55.104. USE OF INFORMATION. (a) A person may not use
a caller identification service to compile and sell specific local
call information without the affirmative approval of the
originating telephone customer.
(b) This section does not prohibit a provider of caller
identification service from:
(1) verifying network performance or testing the
caller identification service;
(2) compiling, using, and disclosing aggregate caller
identification information; or
(3) complying with applicable law or legal process.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.105. PER-CALL BLOCKING. Except as provided by
Section 55.1065, the commission shall require that a provider of
caller identification service offer free per-call blocking to each
telephone subscriber in the specific area in which the service is
offered.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, § 18.05(b), eff. Sept. 1, 1999.
§ 55.106. PER-LINE BLOCKING. (a) Except as provided
by Section 55.1065, the commission shall require that a provider of
caller identification service offer free per-line blocking to a
particular customer if the commission receives from the customer
written certification that the customer has a compelling need for
per-line blocking.
(b) A provider who is ordered to offer per-line blocking
under this section shall notify the customer by mail of the date the
blocking will begin.
(c) If a customer removes and later reinstates the per-line
block, the provider may assess a service order charge in an amount
approved by the commission for the provider's administrative
expenses relating to the reinstatement.
(d) The commission may impose a fee or assessment on a
provider in an amount sufficient to cover the additional expenses
the commission incurs in implementing the customer certification
provisions of this section.
(e) Information received under this section by the
commission or by a provider is confidential and may be used only to
administer this section.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, § 18.05(c), eff. Sept. 1, 1999.
§ 55.107. LIMITATION ON COMMISSION AUTHORITY. The
commission may prescribe in relation to blocking only a requirement
authorized by Sections 55.105, 55.106, and 55.1065.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, § 18.05(e), eff. Sept. 1, 1999.
§ 55.109. IMPLEMENTATION OF PANEL RECOMMENDATIONS. The
commission may implement the recommendations of the Caller ID
Consumer Education Panel and interested parties to the extent
consistent with the public interest.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.110. REPORT OF BLOCKING FAILURE. (a) A provider
of caller ID services who becomes aware of the failure of per-call
or per-line blocking to block identification of a customer shall
report that failure to the commission, the Caller ID Consumer
Education Panel, and the customer whose identification was not
blocked.
(b) The provider shall make a reasonable effort to notify
the customer within 24 hours after the provider becomes aware of the
failure. The provider is not required to notify the customer if the
customer reported the failure.
(c) In this section, "caller ID service" means a service
that permits the called party to determine the identity, telephone
number, or address of the calling party. The term does not include
911 services.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
SUBCHAPTER F. AUTOMATIC DIAL ANNOUNCING DEVICES
§ 55.121. DEFINITION. In this subchapter, "automated
dial announcing device" means automated equipment used for
telephone solicitation or collection that can:
(1) store telephone numbers to be called or produce
numbers to be called through use of a random or sequential number
generator; and
(2) convey, alone or in conjunction with other
equipment, a prerecorded or synthesized voice message to the number
called without the use of a live operator.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.122. EXEMPTIONS. This subchapter does not apply to
the use of an automated dial announcing device:
(1) to make a call relating to an emergency or a public
service under a program developed or approved by the emergency
management coordinator of the county in which the call is received;
or
(2) by a public or private primary or secondary school
system to locate or account for a truant student.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.123. NOTICE OF USE OF DEVICE TO TELECOMMUNICATIONS
UTILITY. A person may not use an automated dial announcing device
to make a telephone call in which the device plays a recorded
message when the connection is completed unless the person gives to
each telecommunications utility over whose system the device is to
be used written notice specifying the type of device to be used.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.124. RANDOM OR SEQUENTIAL NUMBER CALLING. A person
may not use an automated dial announcing device for random number
dialing or to dial numbers determined by successively increasing or
decreasing integers if the person uses the device to make a
telephone call in which the device plays a recorded message when the
connection is completed.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.125. HOURS WHEN USE PROHIBITED. (a) A person may
not use an automated dial announcing device to make a telephone
solicitation call terminating in this state in which the device
plays a recorded message when the connection is completed if the
call is made:
(1) before noon or after 9 p.m. on a Sunday; or
(2) before 9 a.m. or after 9 p.m. on a weekday or a
Saturday.
(b) A person may not use an automated dial announcing device
to make a telephone collection call terminating in this state in
which the device plays a recorded message when the connection is
completed if the call is made at an hour at which collection calls
are prohibited under the federal Fair Debt Collection Practices Act
(15 U.S.C. Section 1692 et seq.).
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.126. DEVICE DISCONNECTION. A person may not use an
automated dial announcing device to make a telephone call in which
the device plays a recorded message when the connection is
completed unless the device disconnects from the called person's
line not later than five seconds after the call is terminated by
either party. If the device cannot disconnect during that period, a
live operator must introduce the call and receive the called
person's oral consent before beginning a prerecorded or synthesized
voice message.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 667, § 2, eff. Sept. 1, 1999.
§ 55.127. CONTENTS OF RECORDED MESSAGE. (a) A person
may not use an automated dial announcing device to make a telephone
call in which the device plays a recorded message when the
connection is completed unless the recorded message states during
the first 30 seconds of the call:
(1) the nature of the call;
(2) the identity of the person, company, or
organization making the call; and
(3) the telephone number from which the call is made.
(b) In addition to the requirements prescribed by
Subsection (a), a call during which a cross-promotion or reference
to a pay-per-call information service is made must include a
statement of:
(1) the fact that a caller who makes a call to a
pay-per-call information service's telephone number will be
charged for that call;
(2) the amount of the flat-rate or cost-per-minute
charge the caller will incur or the amount of both if both charges
will be incurred; and
(3) the estimated amount of time required to receive
all the information offered by the service during a call.
(c) Subsection (a) does not apply to the use of a device if
the device is used:
(1) for debt collection purposes in compliance with
applicable federal law and regulations; and
(2) by a live operator for automated dialing or hold
announcement purposes.
(d) In this section, "pay-per-call information service"
means a service that routinely delivers, for a predetermined and
sometimes time-sensitive fee, a prerecorded or live message or
interactive program after the caller dials a specified 900 or 976
number.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.128. DURATION OF RECORDED MESSAGE. A person may
not use an automated dial announcing device to make for
solicitation purposes a telephone call in which the device plays a
recorded message when the connection is completed unless:
(1) the recorded message is shorter than 30 seconds;
or
(2) the device has the technical capacity to:
(A) recognize a telephone answering device on the
called person's line; and
(B) terminate the call within 30 seconds.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, § 18.05(f), eff. Sept. 1, 1999.
§ 55.129. PERMIT REQUIRED. A person may not use an
automated dial announcing device to make a telephone call in which
the device plays a recorded message when the connection is
completed unless the person has a permit under Section 55.130.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.130. PERMIT. (a) A person may not use an
automated dial announcing device without a permit issued by the
commission.
(b) An applicant for an original permit must submit to the
commission an application on a form that:
(1) is prescribed by the commission; and
(2) contains:
(A) the telephone number of each automated dial
announcing device that the person will use; and
(B) the physical address from which each
automated dial announcing device will operate.
(c) An original permit is valid for one year and may be
renewed annually by filing with the commission the information
required by Subsection (b)(2).
(d) An application for an original permit or a filing
required for the renewal of the permit must be accompanied by the
appropriate fee prescribed by Section 55.131.
(e) In determining whether to deny an application for an
original permit or renewal of the permit, the commission shall
consider the compliance record of the owner or operator of the
automated dial announcing device and may deny the application based
on that record.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.131. PERMIT FEE. (a) The commission shall
prescribe a fee for an original permit or renewal of a permit.
(b) The amount of the original permit fee must be reasonable
and cover the enforcement cost to the commission but may not exceed
$500.
(c) The fee for renewal of a permit may not exceed $100.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.132. NOTIFICATION OF CHANGE. (a) The owner or
operator of an automated dial announcing device shall notify the
commission if the telephone number of the device or the physical
address from which the device operates changes.
(b) The owner or operator shall give the notice by certified
mail not later than the 48th hour before the hour the device begins
operating with the new telephone number or at the new address.
(c) If the owner or operator of a device fails to give notice
as required by Subsection (b), the person's permit is invalid.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.133. NOTIFICATION OF LOCAL EXCHANGE COMPANY. The
commission shall provide to a local exchange company on request a
copy of a permit issued under this subchapter and of any change
relating to the permit.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.134. COMPLAINTS AND ENFORCEMENT. (a) The
commission shall:
(1) investigate complaints relating to the use of an
automated dial announcing device; and
(2) enforce this subchapter.
(b) A local exchange company that receives a complaint
relating to the use of an automated dial announcing device shall
send the complaint to the commission. The commission by rule shall
prescribe the procedures and requirements for sending a complaint
to the commission.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.135. REVOCATION OF PERMIT. The commission may
revoke a person's permit if the person fails to comply with this
subchapter.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.136. DISCONNECTION OF SERVICE. (a) If the
commission or a court determines that a person has violated this
subchapter, the commission or court shall require a
telecommunications utility to disconnect service to the person.
(b) The telecommunications utility may reconnect service to
the person only on a determination by the commission that the person
will comply with this subchapter.
(c) Not later than the third day before the date of the
disconnection, the telecommunications utility shall give notice to
the person using the device of its intent to disconnect service.
However, if the device is causing network congestion or blockage,
the notice may be given on the day before the date of disconnection.
(d) A telecommunications utility, without an order by the
commission or a court, may disconnect or refuse to connect service
to a person using or intending to use an automated dial announcing
device if the utility determines that the device would cause or is
causing network harm.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.137. ADMINISTRATIVE PENALTY. (a) The commission
may impose an administrative penalty against a person who owns or
operates an automated dial announcing device in violation of this
subchapter or a commission rule or order.
(b) The penalty for a violation may be in an amount not to
exceed $1,000 for each day or portion of a day during which the
device operates in violation of this subchapter or a commission
rule or order.
(c) The administrative penalty is civil in nature and is in
addition to any other penalty provided by law.
(d) The commission by rule shall prescribe the procedures
for assessing an administrative penalty under this section. The
procedures must require proper notice and hearing in accordance
with Chapter 2001, Government Code.
(e) A person may appeal the final order of the commission
under Chapter 2001, Government Code. The substantial evidence rule
applies on appeal.
(f) The proceeds of administrative penalties collected
under this section shall be deposited to the credit of the
commission. The commission shall use the proceeds to enforce this
subchapter.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, § 18.05(g), eff. Sept. 1, 1999.
§ 55.138. CRIMINAL PENALTY. (a) A person commits an
offense if the person owns or operates an automated dial announcing
device that the person knows is operating in violation of this
subchapter.
(b) An offense under this section is a Class A misdemeanor.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
SUBCHAPTER H. PAY TELEPHONES
§ 55.171. DEFINITION. In this subchapter, "provider"
means an entity that provides pay telephone service, including:
(1) an incumbent local exchange company; and
(2) a subscriber to a customer-owned pay telephone
service.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.172. LIMITATION. This subchapter prescribes the
limits of:
(1) the right of a provider to set the provider's rates
and charges for pay telephone services; and
(2) the commission's authority over the pay telephone
service rates of an incumbent local exchange company.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.173. REGISTRATION. (a) A person may not provide
pay telephone service in this state unless the person is registered
with the commission.
(b) This section does not apply to a provider who holds a
certificate of convenience and necessity.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.174. PROHIBITION ON CHARGE FOR CERTAIN CALLS. A
provider may not charge a person making a call on a pay telephone
for:
(1) local directory assistance; or
(2) a call made under Chapter 771 or 772, Health and
Safety Code.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.175. CHARGE FOR LOCAL CALLS. (a) The commission
shall establish the limit on the amount a provider may charge for a
pay telephone coin sent-paid call in the local exchange company's
toll-free calling area.
(b) The commission may establish a statewide ceiling on the
amount a provider may charge for a local pay telephone call that is:
(1) collect;
(2) operator assisted; or
(3) paid by credit card or calling card.
(c) The commission may not establish the ceiling under
Subsection (b) at an amount that is less than the applicable local
rates for such a call imposed by any of the four largest
interexchange telecommunications carriers operating in this state.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.176. CHARGE FOR 800-TYPE CALLS. (a) A provider
may charge at a pay telephone a fee of not more than 25 cents for
initiating an 800-type call.
(b) A provider may impose the fee only if:
(1) the pay telephone is registered with the
commission; and
(2) the provider certifies that the pay telephone
complies with commission rules regarding the provision of pay
telephone service.
(c) Subsection (b) does not apply to a local exchange
company pay telephone.
(d) A provider may not impose the fee if imposition is
inconsistent with federal law.
(e) A provider may not impose the fee for a:
(1) local call;
(2) 911 call;
(3) local directory assistance call; or
(4) call that is covered by the Telephone Operator
Consumer Services Improvement Act of 1990 (47 U.S.C. Section 226).
(f) A provider who imposes the fee must post on each pay
telephone notice that the fee will be charged. The provider must
post the notice:
(1) in plain sight of the user; and
(2) in a manner consistent with existing commission
requirements for posting information.
(g) The commission may not impose on a local exchange
company the duty or obligation to:
(1) record the use of pay telephone service;
(2) bill or collect for the use of the pay telephone;
or
(3) remit to the provider the fee authorized by this
section.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.177. CHARGE FOR CREDIT CARD, CALLING CARD, OR
OPERATOR-ASSISTED CALLS. (a) A provider may not impose for a
credit card, calling card, or live or automated operator-assisted
call a rate or charge that is greater than the authorized rates and
charges published on March 18, 1995, in the eight newspapers having
the largest circulation in this state.
(b) The published rates may not be changed.
(c) This section does not apply to a local exchange company.
Chapter 58 governs the pay telephone rates of an incumbent local
exchange company that elects incentive regulation under that
chapter.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.178. NOTICE OF INABILITY TO RECEIVE CALLS. (a) A
provider may not display the telephone number of a pay telephone
that cannot receive telephone calls.
(b) A provider shall place in a conspicuous location on each
pay telephone that cannot receive telephone calls a notice stating
in letters one-fourth inch high: "THIS TELEPHONE CANNOT RECEIVE
TELEPHONE CALLS."
(c) A provider that violates this section or a rule or order
adopted by the commission under this section is subject to a civil
penalty as provided by Section 15.028 unless the provider takes
corrective action to comply with this section or the rule or order
not later than the 14th day after the date the provider receives
written notice of the violation.
(d) The commission has jurisdiction over a provider to the
extent necessary to enforce this section regardless of whether a
provider is a telecommunications utility regulated under this
title.
(e) The commission may establish procedures to enforce this
section.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.179. INFORMATION REQUIREMENTS. (a) The
commission by rule may prescribe the information that must be
posted on a pay telephone.
(b) A commission rule may not require a provider or an
affiliate of a provider to police compliance by another provider
with the commission's rules.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.180. VIOLATIONS. The commission may order the
disconnection of pay telephone service for not more than one year
for repeat violations of commission rules.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
SUBCHAPTER I. DIRECTORY LISTINGS AND ASSISTANCE
§ 55.201. TERMS OF DIRECTORY LISTINGS AND
ASSISTANCE. (a) Each company that provides local exchange
telephone service in overlapping certificated areas shall
negotiate the terms of printed directory listings and directory
assistance in those areas.
(b) On complaint by the incumbent local exchange company or
the holder of a certificate of convenience and necessity, a
certificate of operating authority, or a service provider
certificate of operating authority, the commission may:
(1) resolve a dispute between the parties; and
(2) issue an order setting the terms of the directory
listings or directory assistance, if necessary.
(c) This section does not affect the authority of an
incumbent local exchange company to voluntarily conduct
negotiations with an applicant for a certificate of convenience and
necessity, a certificate of operating authority, or a service
provider certificate of operating authority.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.202. DIRECTORY PUBLISHED BY TELECOMMUNICATIONS
UTILITY. A telecommunications utility or an affiliate of that
utility that publishes a residential or business telephone
directory that is distributed to the public shall publish in the
directory the name of each state senator or representative who
represents all or part of the geographical area for which the
directory contains listings.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.203. DIRECTORY PUBLISHED BY PRIVATE
PUBLISHER. (a) A private for-profit publisher of a residential
telephone directory that is distributed to the public at minimal or
no cost shall include in the directory:
(1) a listing of any toll-free and local telephone
numbers of:
(A) state agencies;
(B) state public services; and
(C) each state elected official who represents
all or part of the geographical area for which the directory
contains listings; and
(2) the Internet address of TexasOnline and a
statement that Internet sites for state agencies may be accessed
through TexasOnline.
(b) The listing required by this section must be:
(1) clearly identified; and
(2) located or clearly referenced at the front of the
directory before the main listing of residential and business
telephone numbers.
(c) The commission by rule may specify:
(1) the format of the listing; and
(2) criteria for inclusion of agencies, services, and
officials.
(d) The commission's rules must require a publisher to list:
(1) the telephone number for state government
information; and
(2) telephone numbers alphabetically by:
(A) the subject matter of agency programs; and
(B) agency name.
(e) The commission, with the cooperation of other state
agencies, shall:
(1) compile relevant information to ensure accuracy of
information in the listing; and
(2) provide the information to a telecommunications
utility or telephone directory publisher within a reasonable time
after a request by the utility or publisher.
(f) The General Services Commission shall cooperate with
the commission and with publishers to ensure that the subject
matter listing of programs and telephone numbers in the telephone
directories are consistent with the categorization developed by the
Records Management Interagency Coordinating Council under Section
441.203(j), Government Code.
(g) The rules adopted under Subsection (d) must provide that
a telecommunications utility that publishes and distributes to the
public a residential or business telephone directory shall list
prominently in the directory the contact information for the
specialized telecommunications assistance program established
under Subchapter E, Chapter 56.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, § 18.06(a), eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 424, § 5, eff. Sept. 1, 2001; Acts
2001, 77th Leg., ch. 1420, § 20.002, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 165, § 1, eff. Sept. 1, 2003.
SUBCHAPTER J. TELECOMMUNICATIONS SERVICE BY CERTAIN PROVIDERS
§ 55.251. CHARGE FOR HOTEL OR MOTEL CALL. A hotel or
motel may not charge more than 50 cents for:
(1) a local telephone call;
(2) a credit card telephone call;
(3) a collect telephone call; or
(4) any other local telephone call for which
assistance from the hotel or motel operator is not required.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997.
§ 55.252. 900 SERVICE USED BY PROBATIONERS OR
PAROLEES. (a) This section applies only to a telecommunications
utility that transports or provides an intrastate 900 service that
is:
(1) covered by a contract authorized by Chapter 76 or
508, Government Code; and
(2) used by a defendant under the supervision of a
community supervision and corrections department or the pardons and
paroles division of the Texas Department of Criminal Justice to:
(A) pay a fee or cost; or
(B) comply with telephone reporting
requirements.
(b) A telecommunications utility may adjust or authorize
the adjustment of an end-user's bill for 900 service described by
Subsection (a) only with the consent of the contracting community
supervision and corrections department or the contracting pardons
and paroles division of the Texas Department of Criminal Justice.
Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 62, § 18.07(a), eff. Sept. 1, 1999.
§ 55.253. TELEPHONE PREPAID CALLING SERVICES. (a) In
this section:
(1) "Prepaid calling card company" means a company
that provides a prepaid calling service to the public using its own
network or resold services.
(2) "Prepaid calling service" means a prepaid
telecommunications service that allows an end user to originate a
call using an access number and authorization code.
(b) The commission by rule may prescribe standards
regarding the information a prepaid calling card company shall
disclose to customers in relation to the rates and terms of service
for prepaid calling services offered in this state.
(c) The commission is granted all necessary jurisdiction to
adopt rules under this section and to enforce those rules and this
section.
(d) A violation of a rule adopted under this section is
subject to enforcement under Subchapter B, Chapter 15.
Added by Acts 1999, 76th Leg., ch. 411, § 1, eff. June 18, 1999.
SUBCHAPTER K. SELECTION OF TELECOMMUNICATIONS UTILITIES
§ 55.301. STATE POLICY. It is the policy of this state
to ensure that all customers are protected from the unauthorized
switching of a telecommunications utility selected by the customer
to provide telecommunications service.
Added by Acts 1999, 76th Leg., ch. 1212, § 22, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1579, § 6, eff. Aug. 30, 1999.
§ 55.302. COMMISSION RULES. (a) The commission shall
adopt nondiscriminatory and competitively neutral rules to
implement this subchapter, including rules that:
(1) ensure that customers are protected from deceptive
practices in the obtaining of authorizations and verifications
required by this subchapter;
(2) are applicable to all local exchange telephone
services, interexchange telecommunications service, and other
telecommunications service provided by telecommunications
utilities in this state;
(3) are consistent with the rules and regulations
prescribed by the Federal Communications Commission for the
selection of telecommunications utilities;
(4) permit telecommunications utilities to select any
method of verification of a change order authorized by Section
55.303;
(5) require the reversal of certain changes in the
selection of a customer's telecommunications utility in accordance
with Section 55.304(a);
(6) prescribe, in accordance with Section 55.304(b),
the duties of a telecommunications utility that initiates an
unauthorized customer change; and
(7) provide for corrective action and the imposition
of penalties in accordance with Sections 55.305 and 55.306.
(b) The commission is granted all necessary jurisdiction to
adopt rules required by this subchapter and to enforce those rules
and this subchapter.
(c) The commission may notify customers of their rights
under the rules.
Added by Acts 1999, 76th Leg., ch. 1212, § 22, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1579, § 6, eff. Aug. 30, 1999.
§ 55.303. VERIFICATION OF CHANGE. A telecommunications
utility may verify a change order by:
(1) obtaining written authorization from the
customer;
(2) obtaining a toll-free electronic authorization
placed from the telephone number that is the subject of the change
order; or
(3) an oral authorization obtained by an independent
third party.
Added by Acts 1999, 76th Leg., ch. 1212, § 22, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1579, § 6, eff. Aug. 30, 1999.
§ 55.304. UNAUTHORIZED CHANGE. (a) If a change in the
selection of a customer's telecommunications utility is not made or
verified in accordance with this subchapter, the change, on request
by the customer, shall be reversed within a period established by
commission ruling.
(b) A telecommunications utility that initiates an
unauthorized customer change shall:
(1) pay all usual and customary charges associated
with returning the customer to its original telecommunications
utility;
(2) pay the telecommunications utility from which the
customer was changed any amount paid by the customer that would have
been paid to that telecommunications utility if the unauthorized
change had not been made;
(3) return to the customer any amount paid by the
customer that exceeds the charges that would have been imposed for
identical services by the telecommunications utility from which the
customer was changed if the unauthorized change had not been made;
and
(4) provide to the original telecommunications
utility from which the customer was changed all billing records to
enable that telecommunications utility to comply with this
subchapter.
(c) The telecommunications utility from which the customer
was changed shall provide to the customer all benefits associated
with the service on receipt of payment for service provided during
the unauthorized change.
(d) A customer is not liable for charges incurred during the
first 30 days after the date of an unauthorized carrier change.
Added by Acts 1999, 76th Leg., ch. 1212, § 22, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1579, § 6, eff. Aug. 30, 1999.
§ 55.305. CORRECTIVE ACTION AND PENALTIES. (a) If the
commission finds that a telecommunications utility has repeatedly
violated the commission's telecommunications utility selection
rules, the commission shall order the utility to take corrective
action as necessary. In addition, the utility may be subject to
administrative penalties under Sections 15.023-15.027.
(b) An administrative penalty collected under this section
shall be used to enforce this subchapter.
Added by Acts 1999, 76th Leg., ch. 1212, § 22, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1579, § 6, eff. Aug. 30, 1999.
§ 55.306. REPEATED AND RECKLESS VIOLATION. If the
commission finds that a telecommunications utility has repeatedly
and recklessly violated the commission's telecommunications
utility selection rules, the commission may, if consistent with the
public interest, suspend, restrict, deny, or revoke the
registration or certificate, including an amended certificate, of
the telecommunications utility and, by taking that action, deny the
telecommunications utility the right to provide service in this
state.
Added by Acts 1999, 76th Leg., ch. 1212, § 22, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1579, § 6, eff. Aug. 30, 1999.
§ 55.307. DECEPTIVE OR FRAUDULENT PRACTICE. The
commission may prohibit a utility from engaging in a deceptive or
fraudulent practice, including a marketing practice, involving the
selection of a customer's telecommunications utility. The
commission may define deceptive and fraudulent practices to which
this section applies.
Added by Acts 1999, 76th Leg., ch. 1212, § 22, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 1579, § 6, eff. Aug. 30, 1999.
§ 55.308. CONSISTENCY WITH FEDERAL
LAW. Notwithstanding any other provision of this subchapter,
rules adopted by the commission under this subchapter shall be
consistent with applicable federal laws and rules.
Added by Acts 1999, 76th Leg., ch. 1212, § 22, eff. Sept. 1,
1999.
