Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,875
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ing its own facilities or a combination of its own facilities and resale of
another carrier's services; and
(2) advertises the availability of and charges for such ser-
vices using media of general distribution.
(e) [()] Criteria for determination of receipt of federal univer-
sal service support. In order to receive federal universal service sup-
port, a common carrier must:
(1) meet the requirements of subsection (d) [(c)] of this sec-
(2) offer Lifeline Service to qualifying low-income con-
sumers in compliance with 47 C.F.R. Part 54, Subpart E (relating to
Universal Service Support for Low-Income Consumers); and
(3) offer toll limitation services in accordance with 47
C.F.R. 54.400 (relating to Terms and Definitions) and 54.401
(relating to Lifeline Defined).
(f) [(e)] Designation of more than one ETC.
(1) Non-rural service areas. In areas not served by rural
telephone companies, as defined in 26.404 of this title, the commis-
sion shall designate, upon application, more than one ETC in a service
area so long as each additional carrier meets the requirements of sub-
section (c)(1) [(b)(1)] of this section and subsection (d) [(c)] of this
(2) Rural service areas. In areas served by rural telephone
companies, as defined in 26.404 of this title, the commission may
designate as an ETC a carrier that meets the requirements of subsection
(c)(2) [(b)(2)] of this section and subsection (d) [( )] of this section if
the commission finds that the designation is in the public interest.
(g) [(t)] Proceedings to designate ETCs.
(1) At any time, a common carrier may seek commission
approval to be designated an ETC for a requested service area.
(2) In order to receive support under this section for ex-
changes purchased from an unaffiliated carrier, the acquiring ETC shall
file an application, within 30 days after the date of the purchase, to
amend its ETC service area to include those geographic areas that are
eligible for support.
(3) If an ETC receiving support under this section sells an
exchange to an unaffiliated carrier, it shall file an application, within
30 days after the date of the sale, to amend its ETC designation to
exclude from its designated service area those exchanges for which it
was receiving support.
(h) [(g)] Application requirements and commission processing
(1) Requirements for notice and contents of application.
(A) Notice of application. Notice shall be published in
the Texas Register. The presiding officer may require additional no-
tice. Unless otherwise required by the presiding officer or by law, the
notice shall include at a minimum a description of the service area for
which the applicant seeks eligibility, the proposed effective date of the
designation, and the following statement: "Persons who wish to com-
ment on this application should notify the Public Utility Commission of
Texas by (specified date, ten days before the proposed effective date).
Requests for further information should be mailed to the Public Utility
Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or
you may call the Public Utility Commission's Customer Protection Di-
vision at (512) 936-7120 or (888) 782-8477. Hearing- and speech-im-
paired individuals with text telephones (TTY) may contact the commis-
sion at (512) 936-7136, or use Relay Texas (800) 735-2989 to reach the
commission's toll free number (888) 782-8477."
(B) Contents of application for each common carrier
seeking ETC designation. A common carrier that seeks to be desig-
nated as an ETC shall file with the commission an application comply-
ing with the requirements of this section. In addition to copies required
by other commission rules, one copy of the application shall be deliv-
ered to the commission's Regulatory Division and one copy shall be
delivered to the Office of Public Utility Counsel. The application shall:
(i) show that the applicant offers each of the services
that are supported by the FUSF support mechanisms under 47 U.S.C.
254(c) (relating to Universal Service) either using its own facilities
or a combination of its own facilities and resale of another carrier's
services throughout the service area for which it seeks designation as
(ii) show that the applicant assumes the obligation
to offer each of the services that are supported by the FUSF support
mechanisms under 47 U.S.C. 254(c) to any consumer in the service
area for which it seeks designation as an ETC;
(iii) show that the applicant advertises the availabil-
ity of, and charges for, such services using media of general distribu-
(iv) show the service area in which the applicant
seeks designation as an ETC;
(v) contain a statement detailing the method and
content of the notice the applicant has provided or intends to provide
to the public regarding the application and a brief statement explain-
ing why the proposed notice is reasonable and in compliance with
(vi) contain a copy of the text of the notice;
(vii) contain the proposed effective date of the des-
(viii) contain any other information which the appli-
cant wants considered in connection with the commission's review of
(C) Contents of application for each common carrier
seeking ETC designation and receipt of federal universal service sup-
port. A common carrier that seeks to be designated as an ETC and
receive federal universal service support shall file with the commis-
sion an application complying with the requirements of this section.
In addition to copies required by other commission rules, one copy of
the application shall be delivered to the commission staff and one copy
shall be delivered to the Office of Public Utility Counsel. The applica-
(i) comply with the requirements of subparagraph
(B) of this paragraph;
(ii) show that the applicant offers Lifeline Service to
qualifying low-income consumers in compliance with 47 C.F.R. Part
54, Subpart E; and
(iii) show that the applicant offers toll limitation ser-
vices in accordance with 47 C.F.R. 54.400 and 54.401.
(2) Commission processing of application.
(A) Administrative review. An application considered
under this section may be reviewed administratively unless the presid-
ing officer, for good cause, determines at any point during the review
that the application should be docketed.
PROPOSED RULES August 31, 2012 37 TexReg 6875
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth253227/m1/57/: accessed August 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.