Tex.
Utils. Code Section 60.042
Prohibited Resale or Sharing
(a)
A provider of telecommunications service may not impose a restriction on the resale or sharing of a service:(1)
for which the provider is not a dominant provider; or(2)
entitled to regulatory treatment as a nonbasic service under Subchapter E (Services Included), Chapter 58 (Incentive Regulation), if the provider is a company electing regulation under Chapter 58 (Incentive Regulation).(b)
An incumbent local exchange company must comply with the resale provisions of 47 U.S.C. Section 251(c)(4), as amended, unless exempted under 47 U.S.C. Section 251(f), as amended.(c)
If a company electing under Chapter 58 (Incentive Regulation) offers basic or nonbasic services regulated by the commission to its retail customers as a promotional offering, the electing company shall make those services available for resale by a certificated telecommunications utility on terms that are no less favorable than the terms on which the services are made available to retail customers in accordance with this section. For a promotion with a duration of 90 days or less, the electing company’s basic or nonbasic services shall be made available to the certificated telecommunications utility at the electing company’s promotional rate, without an avoided-cost discount. For a promotion with a duration of more than 90 days, the electing company’s basic or nonbasic services shall be made available to the certificated telecommunications utility at a rate reflecting the avoided-cost discount, if any, from the promotional rate.
Source:
Section 60.042 — Prohibited Resale or Sharing, https://statutes.capitol.texas.gov/Docs/UT/htm/UT.60.htm#60.042 (accessed Jun. 5, 2024).
