CHAPTER 60. COMPETITIVE SAFEGUARDS
UTILITIES CODE
TITLE 2. PUBLIC UTILITY REGULATORY ACT
SUBTITLE C. TELECOMMUNICATIONS UTILITIES
CHAPTER 60. COMPETITIVE SAFEGUARDS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 60.001. FAIR COMPETITION. To the extent necessary to
ensure that competition in telecommunications is fair to each
participant and to accelerate the improvement of
telecommunications in this state, the commission shall ensure
that the rates and rules of an incumbent local exchange company:
(1) are not unreasonably preferential, prejudicial, or
discriminatory; and
(2) are applied equitably and consistently.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.002. EXCLUSIVE JURISDICTION; ENFORCEMENT. (a) The
commission has exclusive jurisdiction to implement competitive
safeguards.
(b) Section 58.025 does not prevent the commission from
enforcing this chapter.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.003. COMMISSION AUTHORITY. (a) The commission may:
(1) establish procedures with respect to a policy stated in this
subchapter or Subchapters B-H; and
(2) resolve a dispute that arises under a policy described by
Subdivision (1).
(b) The commission shall adopt procedures for a proceeding under
Subchapters B and C. A procedure may:
(1) limit discovery; and
(2) for purposes of cross-examination align any party, other
than the office, with another party that has a similar position.
(c) In adopting a procedure under this section and in resolving
a dispute, the commission shall consider the action's effect on:
(1) consumers;
(2) competitors; and
(3) the incumbent local exchange company.
(d) The commission, by order or rule, may not implement a
requirement that is contrary to a federal law or rule.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.004. APPLICABILITY TO CERTAIN SMALLER INCUMBENT LOCAL
EXCHANGE COMPANIES; RULES. (a) Subchapters B, C, and H may be
applied to an incumbent local exchange company that serves fewer
than 31,000 access lines only on a bona fide request from a
certificated telecommunications utility.
(b) In applying the rules adopted under Subchapters B, C, and H
to a company described by Subsection (a), the commission may
modify the rules in the public interest.
(c) This section takes effect September 1, 1998.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.005. APPLICABILITY TO CERTAIN LARGER INCUMBENT LOCAL
EXCHANGE COMPANIES; RULES. (a) Subchapters B, D, and F may be
applied to an incumbent local exchange company that, as of
September 1, 1995, has 31,000 or more access lines in this state
but fewer than one million access lines in this state only on a
bona fide request from a holder of a certificate of operating
authority or a service provider certificate of operating
authority.
(b) In applying the rules adopted under Subchapters B, D, and F
to a company described by Subsection (a), the commission may
modify the rules in the public interest.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.006. BULLETIN BOARD SYSTEMS UNAFFECTED. This subtitle
does not:
(1) require the commission to change the rate treatment
established by the commission in Docket No. 8387 for a bulletin
board system in a residence;
(2) regulate or tax a bulletin board system or Internet service
provider that provides only enhanced or information services and
that does not provide a telecommunications service; or
(3) require a change in a rate charged to an entity described by
Subdivision (2) under a tariff in effect on September 1, 1995.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER B. UNBUNDLING
Sec. 60.021. MINIMUM UNBUNDLING REQUIREMENT. At a minimum, an
incumbent local exchange company shall unbundle its network to
the extent the Federal Communications Commission orders.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.022. COMMISSION UNBUNDLING ORDERS. (a) The commission
may adopt an order relating to the issue of unbundling of local
exchange company services in addition to the unbundling required
by Section 60.021.
(b) Before ordering further unbundling, the commission must
consider the public interest and competitive merits of further
unbundling.
(c) On the request of a party, the commission shall proceed by
evidentiary hearing. If a request for a hearing is not made, the
commission may proceed by rulemaking.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.023. ASSIGNMENT OF UNBUNDLED COMPONENT TO CATEGORY OF
SERVICE. The commission may assign an unbundled component to the
appropriate category of services under Chapter 58 according to
the purposes and intents of the categories.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER C. RESALE
Sec. 60.041. LOOP RESALE TARIFF. (a) An incumbent local
exchange company that on September 1, 1995, serves one million or
more access lines or that on or before September 1, 1995, elects
regulation under Chapter 58 shall file a usage sensitive loop
resale tariff.
(b) An incumbent local exchange company shall file a usage
sensitive loop resale tariff not later than the 60th day after
the date a certificate of operating authority or a service
provider certificate of operating authority is granted under
Chapter 54 if the company:
(1) serves fewer than one million access lines; and
(2) is not an electing company under Chapter 58.
(c) The commission shall conduct an appropriate proceeding to
determine the rates and terms of the resale tariff not later than
the 180th day after the date the tariff is filed.
(d) The commission may not approve a usage sensitive rate unless
the rate recovers:
(1) the total long run incremental cost of the loop on an
unseparated basis; and
(2) an appropriate contribution to joint and common costs.
(e) Except as provided by Section 60.044, a person may not
purchase from the resale tariff unless the person is the holder
of:
(1) a certificate of convenience and necessity;
(2) a certificate of operating authority; or
(3) a service provider certificate of operating authority.
(f) In this section, "loop resale" means the purchase of the
local distribution channel or loop facility from the incumbent
local exchange company to resell to end user customers.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 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, Chapter 58, if the provider is a company electing
regulation under Chapter 58.
(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 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.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 51, eff. Sept. 1,
1999.
Sec. 60.043. RESALE OBLIGATION. A holder of a certificate of
operating authority or a service provider certificate of
operating authority shall permit a local exchange company to
resell the holder's loop facilities at the holder's regularly
published rates if the local exchange company:
(1) does not have loop facilities; and
(2) has a request for service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.044. ELIMINATION OF RESALE PROHIBITIONS. (a) Except as
provided by Subsections (c) and (d), the commission shall
eliminate all resale prohibitions in the tariffs of an electing
company on the:
(1) completion of the commission's costing and pricing
rulemaking;
(2) completion of rate rebalancing of the incumbent local
exchange company rates under Subchapter F; and
(3) removal of all prohibitions on an incumbent local exchange
company's provision of interLATA services.
(b) Except as provided by Subsections (c) and (d), the
commission shall eliminate all resale prohibitions in the tariffs
of an electing company that has one million access lines or more
on removal of all prohibitions on the company's provision of
interLATA service.
(c) After the resale prohibitions are eliminated under this
section:
(1) the commission shall continue to prohibit the resale of
local exchange or directory assistance flat rate services as a
substitute for usage sensitive services; and
(2) residence service may not be resold to a business customer.
(d) A service or function may be offered for resale only to the
same class of customer to which the incumbent local exchange
company sells the service if the commission finds that:
(1) as a result of the costing and pricing proceeding the rate
for the service or function will be less than the cost of
providing the service or function; and
(2) the difference in rate and cost will not be recovered from
the universal service fund.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.045. RESALE OR SHARING ARRANGEMENTS UNAFFECTED. This
subchapter does not change a resale or sharing arrangement
permitted in an incumbent local exchange company tariff that:
(1) existed on September 1, 1995; or
(2) was filed on or before May 1, 1995, by an incumbent local
exchange company that serves more than five million access lines
in this state.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER D. IMPUTATION
Sec. 60.061. RULES. (a) The commission shall adopt rules
governing imputation of the price of a service.
(b) Imputation is a regulatory policy the commission shall apply
to prevent an incumbent local exchange company from selling a
service or function to another telecommunications utility at a
price that is higher than the rate the incumbent local exchange
company implicitly includes in services it provides to the
company's retail customers.
(c) The commission may require imputation only of the price of a
service that is:
(1) not generally available from a source other than the
incumbent local exchange company; and
(2) necessary for the competitor to provide a competing service.
(d) The commission may require imputation only on a
service-by-service basis and may not require imputation on a
rate-element-by-element basis.
(e) For a service for which the commission may require
imputation under Subsection (c) and that is provided under a
customer specific contract, the commission:
(1) may require imputation only on a service-by-service basis
within the contract; and
(2) may not require imputation on a rate-element-by-element
basis.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.062. EXCEPTION FOR CAPPED PRICE. The commission may not
require imputation of the price to a local exchange telephone
service while the price is capped under Chapter 58 or 59.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.063. IMPUTATION FOR SWITCHED ACCESS. The commission
shall impute the price of switched access service to the price of
each service for which switched access service is a component
until switched access service is competitively available.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.064. RECOVERY OF COST OF PROVIDING SERVICE. (a) An
incumbent local exchange company shall demonstrate that the price
it charges for retail service recovers the cost of providing the
service.
(b) For purposes of this section, the cost of providing the
service is the sum of:
(1) each specifically tariffed premium rate for each
noncompetitive service or service function, or each element of a
noncompetitive service or service function, or the functional
equivalent, that is used to provide the service;
(2) the total service long run incremental cost of the
competitive services or service functions that are used;
(3) each cost, not reflected in Subdivision (1) or (2), that is
specifically associated with providing the service or group of
services; and
(4) each cost or surcharge associated with an explicit subsidy
applied to all providers of the service to promote universal
service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.065. WAIVERS. If the commission determines that a
waiver is in the public interest, the commission may waive an
imputation requirement for a public interest service such as:
(1) 9-1-1 service; or
(2) dual party relay service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER E. TELECOMMUNICATIONS NUMBER PORTABILITY
Sec. 60.081. DEFINITION. In this subchapter,
"telecommunications number portability" means the ability of a
telecommunications services user who is changing from one
telecommunications service provider to another provider to retain
a telephone number, to the extent technically feasible, without
impairing the quality, reliability, or convenience of service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.082. PORTABILITY GUIDELINES. (a) Because a uniform
national number plan is valuable and necessary to this state, the
commission by rule shall adopt guidelines governing
telecommunications number portability and the assignment of
telephone numbers in a competitively neutral manner.
(b) The rules may not be inconsistent with the rules and
regulations of the Federal Communications Commission regarding
telecommunications number portability.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.083. INTERIM RETENTION OF CONSUMER NUMBERS. As an
interim measure, the commission shall adopt reasonable
mechanisms, including, at minimum, the use of call forwarding and
direct inward dialing, to allow consumers to retain their
telephone numbers.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.084. RATES FOR INTERIM PORTABILITY MEASURES. (a) An
incumbent local exchange company with one million or more access
lines shall file tariffs, and the commission shall determine
reasonable rates to be charged by the company for:
(1) call forwarding;
(2) direct inward dialing; and
(3) any other mechanism the commission determines should be used
as an interim telecommunications number portability measure by a
new entrant.
(b) An incumbent local exchange company with fewer than one
million access lines that serves an area in which a certificate
of operating authority or a service provider certificate of
operating authority has been granted shall, not later than the
60th day after the date of a bona fide request, file tariffs in
accordance with Subsection (a).
(c) Not later than the 60th day after the date a company files
tariffs under Subsection (b), the commission shall determine
reasonable rates in accordance with Subsection (a).
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER F. PRICING
Sec. 60.101. PRICING RULE. (a) The commission shall adopt a
pricing rule.
(b) In adopting the pricing rule, the commission shall:
(1) ensure that each price for a monopoly service remains
affordable;
(2) ensure that each price for competitive service is not:
(A) unreasonably preferential, prejudicial, or discriminatory;
(B) directly or indirectly subsidized by a noncompetitive
service; or
(C) predatory or anticompetitive; and
(3) require that each service recover the appropriate costs,
including joint and common costs, of each facility and function
used to provide the service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.102. ADOPTION OF COST STUDIES BY CERTAIN COMPANIES. The
commission shall allow an incumbent local exchange company that
is not a Tier 1 local exchange company on September 1, 1995, to
adopt, at that company's option, the cost studies approved by the
commission for a Tier 1 local exchange company.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER G. INTERCONNECTION
Sec. 60.121. DEFINITION. In this subchapter, "interconnection"
means, for calls that originate and terminate in this state, the
termination of local intraexchange traffic of another local
exchange company or holder of a service provider certificate of
operating authority within the local calling area of the
terminating local exchange company or certificate holder.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.122. EXCLUSIVE JURISDICTION. The commission has
exclusive jurisdiction to determine rates and terms for
interconnection for a holder of a certificate of convenience and
necessity, a certificate of operating authority, or a service
provider certificate of operating authority.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.123. INAPPLICABILITY OF SUBCHAPTER. This subchapter
does not apply to a rate for the existing termination of cellular
or interexchange traffic.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.124. INTEROPERABLE NETWORKS REQUIRED. (a) The
commission shall require each telecommunications provider to
maintain interoperable networks.
(b) The commission may:
(1) adopt rules, including generic rules that are responsive to
changes in federal law or a development in the local exchange
market; and
(2) set policies governing interconnection arrangements.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.125. DETERMINATION OF INTERCONNECTION RATES. (a)
Telecommunications providers shall negotiate network
interconnectivity, charges, and terms.
(b) If interconnectivity, charges, and terms are successfully
negotiated, the commission shall approve the interconnection
rates.
(c) If telecommunications providers do not enter into a mutually
agreed compensation rate under this section, each provider shall
reciprocally terminate the other provider's traffic at no charge
for the first nine months after the date the first call is
terminated between the providers.
(d) During the nine-month period prescribed by Subsection (c),
the commission shall complete a proceeding to establish
reciprocal interconnection rates and terms. The commission shall
establish reciprocal interconnection rates and terms based solely
on the commission proceeding.
(e) In establishing the initial interconnection rate, the
commission may not require cost studies from the new entrant.
(f) On or after the third anniversary of the date the first call
is terminated between the providers, the commission, on receipt
of a complaint, may require cost studies by a new entrant to
establish interconnection rates.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.126. INTERCONNECTIVITY NEGOTIATIONS; DISPUTE RESOLUTION.
The commission may resolve a dispute filed by a party to a
negotiation under Section 60.125(a).
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.127. ADOPTION OF APPROVED INTERCONNECTION RATES. (a)
An incumbent local exchange company may adopt the interconnection
rates the commission approves for a larger incumbent local
exchange company without additional cost justification.
(b) If an incumbent local exchange company does not adopt the
interconnection rates of a larger company or negotiates under
Section 60.125(a), the company is governed by Sections
60.125(c)-(f).
(c) If the incumbent local exchange company adopts the
interconnection rates of another incumbent local exchange
company, the new entrant may adopt those rates as the new
entrant's interconnection rates.
(d) If the incumbent local exchange company elects to file its
own tariff, the new entrant must also file its own
interconnection tariff.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.128. USE OF RATES RESTRICTED. The commission may not
use interconnection rates under this subchapter as a basis to
alter interconnection rates for other services.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER H. EXPANDED INTERCONNECTION
Sec. 60.141. EXPANDED INTERCONNECTION RULES. The commission
shall adopt rules for expanded interconnection that:
(1) are consistent with the rules and regulations of the Federal
Communications Commission relating to expanded interconnection;
(2) treat intrastate private line services as special access
service; and
(3) provide that if an incumbent local exchange company is
required to provide expanded interconnection to another local
exchange company, the second local exchange company shall in a
similar manner provide expanded interconnection to the first
company.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER I. LOCAL EXCHANGE COMPANY REQUIREMENTS
Sec. 60.161. INCUMBENT LOCAL EXCHANGE COMPANY REQUIREMENTS. An
incumbent local exchange company may not unreasonably:
(1) discriminate against another provider by refusing access to
the local exchange;
(2) refuse or delay an interconnection to another provider;
(3) degrade the quality of access the company provides to
another provider;
(4) impair the speed, quality, or efficiency of a line used by
another provider;
(5) fail to fully disclose in a timely manner on request all
available information necessary to design equipment that will
meet the specifications of the local exchange network; or
(6) refuse or delay access by a person to another provider.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.162. EXPANDED INTERCONNECTION. This subchapter does not
require an incumbent local exchange company to provide expanded
interconnection as that term is defined by the Federal
Communications Commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.163. INFRASTRUCTURE SHARING. (a) The commission shall
adopt rules that require a local exchange company to share public
switched network infrastructure and technology with a requesting
local exchange company that lacks economies of scale or scope, to
enable the requesting company to provide telecommunications
services in each geographic area for which the requesting company
is designated as the sole carrier of last resort.
(b) The rules governing the sharing:
(1) may not require a local exchange company to make a decision
that is uneconomic or adverse to the public;
(2) shall permit, but may not require, joint ownership and
operation of public switched network infrastructure and services
by or among the local exchange companies that share
infrastructure; and
(3) shall establish conditions that promote cooperation between
local exchange companies.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Sec. 60.164. PERMISSIBLE JOINT MARKETING. Except as prescribed
in Chapters 61, 62, and 63, the commission may not adopt any rule
or order that would prohibit a local exchange company from
jointly marketing or selling its products and services with the
products and services of any of its affiliates in any manner
permitted by federal law or applicable rules or orders of the
Federal Communications Commission.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 52, eff. Sept. 1,
1999.
Sec. 60.165. AFFILIATE RULE. Except as prescribed in Chapters
61, 62, and 63, the commission may not adopt any rule or order
that would prescribe for any local exchange company any affiliate
rule, including any accounting rule, any cost allocation rule, or
any structural separation rule, that is more burdensome than
federal law or applicable rules or orders of the Federal
Communications Commission. Notwithstanding any other provision in
this title, the commission may not attribute or impute to a local
exchange company a price discount offered by an affiliate of the
local exchange company to the affiliate's customers. This section
does not limit the authority of the commission to consider a
complaint brought under Subchapter A, Chapter 52, Section 53.003,
or this chapter.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 52, eff. Sept. 1,
1999.
SUBCHAPTER J. WHOLESALE CODE OF CONDUCT
Sec. 60.201. STATEMENT OF POLICY. It is the policy of this
state that providers of telecommunications services operate in a
manner that is consistent with minimum standards to provide
customers with continued competitive choices.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch.
2, Sec. 24, eff. September 7, 2005.
Sec. 60.202. APPLICABILITY OF SUBCHAPTER. A provision of this
subchapter applies only to the extent the provision has not been
preempted by federal law or a rule, regulation, or order of the
Federal Communications Commission.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch.
2, Sec. 24, eff. September 7, 2005.
Sec. 60.203. MINIMUM SERVICE REQUIREMENTS. A telecommunications
provider may not unreasonably:
(1) discriminate against another provider by refusing access to
an exchange;
(2) refuse or delay an interconnection to another provider;
(3) degrade the quality of access the telecommunications
provider provides to another provider;
(4) impair the speed, quality, or efficiency of a line used by
another provider;
(5) fail to fully disclose in a timely manner on request all
available information necessary to design equipment that will
meet the specifications of the network; or
(6) refuse or delay access by a person to another provider.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch.
2, Sec. 24, eff. September 7, 2005.
Sec. 60.204. INTERCONNECTION. A telecommunications provider
shall provide interconnection with other telecommunications
providers' networks for the transmission and routing of telephone
exchange service and exchange access.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch.
2, Sec. 24, eff. September 7, 2005.
Sec. 60.205. NUMBER PORTABILITY. A telecommunications provider
shall provide number portability in accordance with federal
requirements.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch.
2, Sec. 24, eff. September 7, 2005.
Sec. 60.206. DUTY TO NEGOTIATE. A telecommunications provider
shall negotiate in good faith the terms and conditions of any
agreement.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch.
2, Sec. 24, eff. September 7, 2005.
Sec. 60.207. DIALING PARITY. (a) A telecommunications provider
shall provide dialing parity to competing telecommunications
providers of telephone exchange service and telephone toll
service.
(b) A telecommunications provider shall provide
nondiscriminatory access to telephone numbers, operator services,
directory assistance, and directory listings and may not delay
that access unreasonably.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch.
2, Sec. 24, eff. September 7, 2005.
Sec. 60.208. ACCESS TO RIGHTS-OF-WAY. A telecommunications
provider shall provide access to poles, ducts, conduits, and
rights-of-way to competing providers of telecommunications
service on rates, terms, and conditions that are just,
reasonable, and nondiscriminatory.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch.
2, Sec. 24, eff. September 7, 2005.
Sec. 60.209. RECIPROCAL COMPENSATION. A telecommunications
provider shall establish reciprocal compensation arrangements for
the transport and termination of telecommunications.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch.
2, Sec. 24, eff. September 7, 2005.
Sec. 60.210. ACCESS TO SERVICES. A telecommunications provider
shall provide access to:
(1) 911 and E-911 service;
(2) directory assistance service to allow other
telecommunications providers' customers to obtain telephone
numbers; and
(3) operator call completion service.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch.
2, Sec. 24, eff. September 7, 2005.