Tex. Utils. Code Section 52.203
Market Power Test

(a)

To determine whether an incumbent local exchange company or holder of a certificate of operating authority who is a dominant carrier is no longer dominant for a service in a geographic market, the commission must find that:

(1)

there is an effective competitive alternative; and

(2)

the incumbent local exchange company or certificate holder does not have market power sufficient to control, in a manner that is adverse to the public interest, the price of the service in the geographic area.

(b)

To determine whether the incumbent local exchange company or certificate holder is dominant for a service in the geographic area, the commission shall consider:

(1)

the number and size of telecommunications utilities or other persons who provide the same, equivalent, or substitutable service in the relevant market;

(2)

the extent to which the service is available in the relevant market;

(3)

the ability of customers in the relevant market to obtain the same, equivalent, or substitutable service at comparable rates and on comparable terms;

(4)

the ability of a telecommunications utility or other person to make the same, equivalent, or substitutable service readily available in the relevant market at comparable rates and on comparable terms;

(5)

the proportion of the relevant market that is being provided the service by a telecommunications utility other than the incumbent local exchange company or holder of a certificate of operating authority who is a dominant carrier; and

(6)

other relevant information the commission considers necessary.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Source: Section 52.203 — Market Power Test, https://statutes.­capitol.­texas.­gov/Docs/UT/htm/UT.­52.­htm#52.­203 (accessed Jun. 5, 2024).

52.001
Policy 52.002
Authority to Regulate 52.003
Cooperation with Other Regulatory Authorities 52.004
Commission May Establish Separate Markets 52.005
Minimum Requirements for Dominant Carriers 52.007
Tariff Requirements Relating to Providers Not Subject to Rate of Return Regulation 52.051
Policy 52.052
Applicability 52.053
Certain Rates Prohibited 52.054
Rules and Procedures for Incumbent Local Exchange Companies 52.055
Hearing to Determine Level of Competition 52.056
Specifically Authorized Regulatory Treatments 52.058
General Provisions Relating to New or Experimental Services or Promotional Rates 52.059
Rates to Cover Appropriate Costs 52.060
Administrative Fee or Assessment 52.101
Applicability 52.102
Limited Regulatory Authority 52.103
Registration Required 52.104
Commission May Investigate 52.105
Access to Certain Services Required 52.106
Quality of Service Required 52.107
Predatory Pricing 52.108
Other Prohibited Practices 52.109
Availability of Service 52.110
Burden of Proof 52.111
Commission May Exempt 52.112
Reduction Pass-through Required 52.151
Applicability 52.152
Limited Regulatory Authority 52.153
Books and Records 52.154
Commission May Not Overburden 52.155
Prohibition of Excessive Access Charges 52.156
Retail Rates, Terms, and Conditions 52.201
Deregulation of Service 52.202
Determination of Geographic Market 52.203
Market Power Test 52.204
Rate for Deregulated Service 52.205
Investigation of Competition 52.206
Reregulation of Market 52.207
Reports 52.251
Tariff Filings 52.252
Depreciation Account 52.253
Accounts of Profits and Losses 52.255
Availability of Records 52.256
Plan and Report of Workforce Diversity and Other Business Practices 52.0583
New Services 52.0584
Pricing and Packaging Flexibility 52.0585
Customer Promotional Offerings 52.1035
Renewal of Certain Certificates
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 52.203’s source at texas​.gov