Tex.
Utils. Code Section 65.102
Requirements
(a)
A deregulated company that holds a certificate of operating authority issued under this subchapter is not required to:(1)
fulfill the obligations of a provider of last resort;(2)
comply with retail quality of service standards or reporting requirements;(3)
file an earnings report with the commission unless the company is receiving support from the Texas High Cost Universal Service Plan; or(4)
comply with a pricing requirement other than a requirement prescribed by this subchapter.(b)
Notwithstanding any other provision of this title, the commission has only the authority provided by this section over a deregulated company that holds a certificate of operating authority issued under this subchapter. Subject to Subsection (c), the following provisions apply to a deregulated company and may be enforced by the commission using the remedies provided by Subchapter B (Action to Enjoin or Require Compliance), Chapter 15 (Judicial Review, Enforcement, and Penalties), and Subsection (d):(1)
Subchapter A (Right to Judicial Review), Chapter 15 (Judicial Review, Enforcement, and Penalties);(2)
Subchapters A (Customer Protection Policy), C, and D, Chapter 17 (Customer Protection), as applicable to carriers holding a certificate of operating authority;(3)
Sections 52.007 (Tariff Requirements Relating to Providers Not Subject to Rate of Return Regulation), 52.060 (Administrative Fee or Assessment), and 52.156 (Retail Rates, Terms, and Conditions);(4)
Sections 54.001 (Certificate Required), 54.002 (Exceptions to Certificate Requirement for Service Extension), 54.003 (Exceptions to Certificate Requirement for Certain Services), 54.004 (Relinquishment Plan), 54.005 (Notice of and Hearing on Application), 54.006 (Request for Preliminary Order), 54.008 (Revocation or Amendment of Certificate)(a), 54.101 (Definition), 54.102 (Application for Certificate), 54.103 (Grant or Denial of Certificate), 54.105 (Penalty for Violation of Title), 54.151 (Definition), 54.156 (Resale of Services), 54.158 (Interference with Resold Services Prohibited), 54.159 (Retention of Access Service and Intralata Toll Service), 54.255 (Transfer of Certain Certificates), 54.256 (Application of Contracts), 54.257 (Interference with Another Telecommunications Utility), 54.259 (Discrimination by Property Owner Prohibited), 54.260 (Property Owner’s Conditions), and 54.261 (Shared Tenant Services Contract);(5)
Sections 55.010 (Billing for Service to the State), 55.123 (Notice of Use of Device to Telecommunications Utility), 55.133 (Notification of Local Exchange Company), 55.134 (Complaints and Enforcement), 55.136 (Disconnection of Service), and 55.137 (Administrative Penalty);(6)
Chapter 56 (Telecommunications Assistance and Universal Service Fund), except Subchapters F and G;(7)
Chapter 60 (Competitive Safeguards);(8)
Chapter 62 (Broadcaster Safeguards);(9)
Subchapter E (Definition), Chapter 64 (Customer Protection);(10)
Sections 65.001 (Statement of Policy), 65.002 (Definitions), 65.003 (Commission Authority), and 65.004 (Information), this subchapter, and Subchapter E of this chapter; and(11)
Chapter 66 (State-issued Cable and Video Franchise).(c)
Nothing in this subchapter affects the continuing applicability of the following provisions of this title:(1)
Sections 51.003 (Applicability) and 51.010 (Commission Investigation of Sale, Merger, or Certain Other Actions)(c);(2)
Section 52.002 (Authority to Regulate)(d);(3)
Sections 54.204 (Discrimination by Municipality Prohibited), 54.205 (Municipality’s Right to Control Access), and 54.206 (Recovery of Municipal Fee); and(4)
Section 65.051 (Markets Deregulated).(d)
The commission may hear complaints of retail and wholesale customers against deregulated companies that are in the scope of the commission’s authority provided by this section.
Source:
Section 65.102 — Requirements, https://statutes.capitol.texas.gov/Docs/UT/htm/UT.65.htm#65.102 (accessed May 11, 2024).
