Texas PUC Gets Feedback on 'Herculean' Telecom Rules Update

“This rulemaking is many years in the making,” TTA Executive Director Mark Seale emailed Monday. “The commission undertook a wide-ranging review of all of the telecom regulations and amended or eliminated many, many outdated provisions in the administrative code.” The PUC also sought to implement some state telecom bills passed this year, he said. “Their open, collaborative approach in this effort has been remarkable.” TTA hopes the commission will adopt final rules at its Dec. 14 meeting, said Seale: Staff would release a final proposal one week in advance.

TTA’s rural local exchange carrier members support the “majority” of the Texas telecom rule changes proposed, the association commented. One change recommended by TTA -- and separately Windstream -- relates to national broadband map information that a provider must submit to show continued need for Texas USF support. To avoid a timing complication, the rule should say the map cited must have been in effect for at least 90 days before the application was filed. "If an applicant is required by law to file an application before the end of 2023 and the FCC releases revisions to the map some time in November, the applicant would not have sufficient time to obtain the newly revised data, analyze it, prepare supporting testimony, and submit the application before the deadline," explained TTA.

"The information required to illustrate a provider's continued need for universal service support is extremely complex and requires many weeks of advanced preparation,” Windstream agreed. “By allowing a provider to rely on an existing map during its preparation, it will ensure information provided in an application is accurate and will reduce the number of amendments that may be necessary." Windstream said it expects to file such an application by Dec. 31 and the proposed 90-days revision would allow it to file based on the May map. If Windstream must use the November map, filing a complete and accurate application" by Dec. 31 would be almost impossible, it said.

TTA suggested some other revisions related to the Texas tariff process. The PUC should require rule references for proposed tariffs in a cover letter, rather than in the tariff itself as was proposed, it said. That’s because if the PUC were to renumber or repeal a rule, "potentially every single tariff for every single company would have to be revised to recognize the changed rule reference,” it said. Also, clarify that companies have to notify local papers and municipalities only about major rate changes, TTA said. Keep the existing practice that a tariff takes effect 25 days after filing applications, it said. The PUC proposal that it take effect 25 days after a sufficient application is approved “reverses the presumption of approval" and lets staff delay effective dates of routine tariffs indefinitely, the RLEC group said.

Verizon seeks edits to proposed rules about certificates of authority (COAs) and service provider COAs (SPCOAs), the big carrier said. Texas rules governing sale of property, mergers and stock sales apply only to dominant carriers, but the PUC currently regulates nondominant COA and SPCOA holder transactions through its certificate amendment rules, Verizon said. "These rules must be revised because they are overly broad and exceed the Commission's jurisdictional authority." Texas utility law doesn't give the PUC authority to regulate stock sales or mergers of COA or SPCOA holders, or sales of assets other than the carrier's certificate, said Verizon: The PUC should adopt for the certificate holders the same approach it has for public utilities that are statutorily exempt from such regulation.

Handle name change requests administratively, with a review based on ensuring the new name doesn’t confuse customers, said Verizon. No need for the PUC to consider how many customers the company has or how many complaints it’s received in recent years, the carrier said. "Tracking down information on complaints for the past five years and on customers across the country wastes time and resources, especially for national carriers that provide service through several affiliates.” Also, Verizon said a proposed change regarding optional service discontinuation may be confusing. Verizon suggested clarifying the rule to say that a deregulated company with a COA, or an exempt carrier, isn't required to provide information for discontinuing optional services.

The Texas Cable Association opposes proposed language that would prohibit providing local exchange telephone service, basic local telecom service or switched-access service without first obtaining a COA, SPCOA or certificate of convenience and necessity. TCA isn’t "aware of any systemic issue involving the unauthorized provision" of such services, it said. If the proposed language is adopted, "both industry and future staff members may puzzle over the intent ... and wonder whether this signals a retreat from" PUC holdings in recent cases, the cable group said. Instead, the PUC should make clear that the commission isn't precluded from issuing a certificate when requested voluntarily by a VoIP provider.