Texas Register, Volume 23, Number 49, Part I, Pages 12009-12154, December 4, 1998 Page: 12,057
12009-12154 p. ; 28 cm.View a full description of this periodical.
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organize the rules according to the industry to which they apply.
As a result of this reorganization, 23.69 will be duplicative of
proposed new 26.142 of this title (relating to Integrated Ser-
vices Digital Network (ISDN)) in Chapter 26, Substantive Rules
Applicable to Telecommunications Service Providers.
Mr. Martin Wilson, assistant general counsel, Office of Reg-
ulatory Affairs, has determined that for each year of the first
five-year period the repeal is in effect there will be no fiscal im-
plications for state or local government as a result of enforcing
or administering the repeal.
Mr. Wilson has determined that for each year of the first five
years the repeal is in effect, the public benefit anticipated as
a result of the repeal will be the elimination of a duplicative
rule. There will be no effect on small businesses as a result of
repealing this section. There is no anticipated economic cost
to persons as a result of repealing this section.
Mr. Wilson has also determined that the proposed repeal should
not affect a local economy, and therefore no local employment
impact statement is required under Administrative Procedure
Act 2001.022.
Comments on the proposed repeal (16 copies) may be submit-
ted to the Filing Clerk, Public Utility Commission of Texas, 1701
North Congress Avenue, PO Box 13326, Austin, Texas 78711-
3326, within 30 days after publication. All comments should re-
fer to Project Number 17709, repeal of 23.69.
This repeal is proposed under the Public Utility Regulatory Act,
Texas Utilities Code Annotated 14.002 (Vernon 1998) (PURA),
which provides the Public Utility Commission with the authority
to make and enforce rules reasonably required in the exercise
of its powers and jurisdiction.
Cross Reference to Statutes: Public Utility Regulatory Act
14.002.
23.69. Integrated Services Digital Network (ISDN).
This agency hereby certifies that the proposal has been re-
viewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State, on November 20,
1998.
TRD-9817790
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Earliest possible date of adoption: January 3, 1999
For further information, please call: (512) 936-7308Chapter 26.
Substantive Rules Applicable to
Telecommunications Service Providers
Subchapter G.
Advanced Services
16 TAC 26.142
The Public Utility Commission of Texas (commission) proposes
new 26.142 relating to Integrated Services Digital Network
(ISDN). The proposed section will replace 23.69 of this
title (relating to Integrated Services Digital Network (ISDN)).
The proposed section establishes the minimum criteria for
the provision of ISDN to customers of dominant certificatedtelecommunications utilities (DCTU). Project Number 17709 has
been assigned to this proceeding.
The Appropriations Act of 1997, House Bill 1, Article IX, 167
(Section 167) requires that each state agency review and con-
sider for readoption each rule adopted by that agency pursuant
to the Government Code, Chapter 2001 (Administrative Proce-
dure Act). Such reviews shall include, at a minimum, an as-
sessment by the agency as to whether the reason for adopting
or readopting the rule continues to exist. The commission held
three workshops to conduct a preliminary review of its rules.
As a result of these workshops, the commission is reorganizing
its current substantive rules located in 16 Texas Administrative
Code (TAC) Chapter 23 to: (1) satisfy the requirements of 167;
(2) repeal rules no longer needed; (3) update existing rules to
reflect changes in the industries regulated by the commission;
(4) do clean-up amendments made necessary by changes in
law and commission organizational structure and practices; (5)
reorganize rules into new chapters to facilitate future amend-
ments and provide room for expansion; and (6) reorganize the
rules according to the industry to which they apply. Chapter 26
has been established for all commission substantive rules appli-
cable to telecommunications service providers. The duplicative
sections of Chapter 23 will be proposed for repeal as each new
section is proposed for publication in the new chapter.
General changes to rule language:
The proposed new sections reflect different section, subsection,
and paragraph designations due to the reorganization of the
rules. Citations to other sections of the commission's rules
have been updated to reflect their new section designations.
Some text has been proposed for deletion as unnecessary in
the new section because the dates and requirements in the text
no longer apply due to the passage of time and/or fulfillment
of the requirements. References to the Office of Consumer
Affairs have been updated to reflect the commission's current
organization. The Texas Register will publish this section as
all new text Persons who desire 'a copy of the proposed new
section as it reflects changes to the existing section in Chapter
23 may obtain a redlined version from the commission's Central
Records under Project Number 17709.
Other changes specific to each section:
Proposed new 26.142 does not include 23.69(c) concerning
definitions. The definitions in 23.69(c) have been moved to
26.5 of this title (relating to Definitions). Subsequently, the
subsections in proposed new 26.142 have been reordered,
and any references to specific subsections have been changed
accordingly. In addition, 26.142 does not include 23.69(d)(4)-
(6), and (h)(2)(A)-(B), which reference an initial implementation
process for 23.69.
Proposed new 26.142(f)(1) contains an updated reference to
the Office of Customer Protection and the Office's toll-free
telephone number. Proposed new 26.142(f)(2)-(3), (h)(1)(C)-
(D) contain updated references to the Office of Regulatory
Affairs, and proposed new 26.142(h)(3) contains a more
specific reference to a Procedural Rule.
Proposed new 26.142(g)(1)(A)(ii), (g)(1)(B)(i) and (g)(1)(D)(i)
all contain corrected references to other subsections within the
rule.
Proposed new 26.142(b) and (f)(2)(J) include updated refer-
ences to 26.121, 26.122 and 26.123, relating to privacyPROPOSED RULES December 4, 1998 23 TexReg 12057
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Texas. Secretary of State. Texas Register, Volume 23, Number 49, Part I, Pages 12009-12154, December 4, 1998, periodical, December 4, 1998; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379985/m1/49/: accessed May 13, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.