Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,876

(i) The effective date shall be no earlier than 30 days
after the filing date of the application or 30 days after notice is com-
pleted, whichever is later.
(ii) The application shall be examined for suffi-
ciency. If the presiding officer concludes that material deficiencies
exist in the application, the applicant shall be notified within ten
working days of the filing date of the specific deficiency in its appli-
cation. The earliest possible effective date of the application shall be
no less than 30 days after the filing of a sufficient application with
substantially complete information as required by the presiding officer.
Thereafter, any deadlines shall be determined from the 30th day after
the filing of the sufficient application and information or from the
effective date if the presiding officer extends that date.
(iii) While the application is being administratively
reviewed, the commission staff and the staff of the Office of Public
Utility Counsel may submit requests for information to the telecom-
munications carrier. Three copies of all answers to such requests for
information shall be provided to the commission staff and the Office
of Public Utility Counsel within ten days after receipt of the request by
the telecommunications carrier.
(iv) No later than 20 days after the filing date of the
application or the completion of notice, whichever is later, interested
persons may provide the commission staff with written comments or
recommendations concerning the application. The commission staff
shall and the Office of Public Utility Counsel may file with the presid-
ing officer written comments or recommendations regarding the appli-
cation.
(v) No later than 35 days after the proposed effec-
tive date of the application, the presiding officer shall issue an order
approving, denying, or docketing the application.
(B) Approval or denial of application.
(i) An application filed pursuant to paragraph (1)(B)
of this subsection shall be approved by the presiding officer if the ap-
plication meets the following requirements:
(I) the provision of service constitutes the ser-
vices that are supported by the FUSF support mechanisms under 47
U.S.C. 254(c);
(II) the applicant will provide service using ei-
ther its own facilities or a combination of its own facilities and resale
of another carrier's services;
(III) the applicant advertises the availability of,
and charges for, such services using media of general distribution;
(IV) notice was provided as required by this sec-
tion;
(V) the applicant satisfies the requirements con-
tained in subsection (c) [(b)] of this section; and
(VI) if, in areas served by a rural telephone com-
pany, the ETC designation is consistent with the public interest.
(ii) An application filed pursuant to paragraph
(1)(C) of this subsection shall be approved by the presiding officer if
the application meets the following requirements:
(I) the applicant has satisfied the requirements
set forth in clause (i) of this subparagraph;
(II) the applicant offers Lifeline Service to qual-
ifying low-income consumers in compliance with 47 C.F.R. Part 54,
Subpart E; and

(III) the applicant offers toll limitation services
in accordance with 47 C.F.R. 54.400 and 54.401.
(C) Docketing. If, based on the administrative review,
the presiding officer determines that one or more of the requirements
have not been met, the presiding officer shall docket the application.
(D) Review of the application after docketing. If the
application is docketed, the effective date of the application shall be
automatically suspended to a date 120 days after the applicant has filed
all of its direct testimony and exhibits, or 155 days after the proposed
effective date, whichever is later. Three copies of all answers to re-
quests for information shall be filed with the commission within ten
days after receipt of the request. Affected persons may move to inter-
vene in the docket, and a hearing on the merits shall be scheduled. A
hearing on the merits shall be limited to issues of eligibility. The ap-
plication shall be processed in accordance with the commission's rules
applicable to docketed cases.
(E) Waiver. In the event that an otherwise ETC requests
additional time to complete the network upgrades needed to provide
single-party service, access to enhanced 911 service, or toll limitation,
the commission may grant a waiver of these service requirements upon
a finding that exceptional circumstances prevent the carrier from pro-
viding single-party service, access to enhanced 911 service, or toll lim-
itation. The period for the waiver shall not extend beyond the time that
the commission deems necessary for that carrier to complete network
upgrades to provide single-party service, access to enhanced 911 ser-
vice, or toll limitation services.
(i) [(h] Designation of ETC for unserved areas. If no com-
mon carrier will provide the services that are supported by federal uni-
versal service support mechanisms under 47 U.S.C. 254(c) to an un-
served community or any portion thereof that requests such service, the
commission, with respect to intrastate services, shall determine which
common carrier or carriers are best able to provide such service to the
requesting unserved community or portion thereof and shall order such
carrier or carriers to provide such service for that unserved community
or portion thereof.
(j) [(i)] Relinquishment of ETC designation. A common car-
rier may seek to relinquish its ETC designation.
(1) Area served by more than one ETC. The commission
shall permit a common carrier to relinquish its designation as an ETC
in any area served by more than one ETC upon:
(A) written notification not less than 90 days prior to the
proposed effective date that the common carrier seeks to relinquish its
designation as an ETC;
(B) determination by the commission that the remain-
ing eligible telecommunications carrier or carriers can offer federally
supported services to the relinquishing carrier's customers; and
(C) determination by the commission that sufficient no-
tice of relinquishment has been provided to permit the purchase or con-
struction of adequate facilities by any remaining eligible telecommu-
nications carrier or carriers.
(2) Area where the common carrier is the sole ETC. In ar-
eas where the common carrier is the only ETC, the commission may
permit it to relinquish its ETC designation upon:
(A) written notification not less than 90 days prior to the
proposed effective date that the common carrier seeks to relinquish its
designation as an ETC; and
(B) commission designation of a new ETC for the ser-
vice area or areas.

37 TexReg 6876 August 31, 2012 Texas Register