Texas Register, Volume 12, Number 7, Pages 285-323, January 27, 1987 Page: 298
285-323 p. ; 28 cm.View a full description of this periodical.
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TIT'LLE 16. ECONOMIC
R EGU NATION
Part 11. Public Utility
Commission of Texas
Chapter 23. Substantive Rules
Rates
* 16 TIAC 23.25
The Public Utility Commission of Texas
proposes new 23.25, concerning long
distance rates The new section governs
the flexile regulation of companies pro-
viding long distance telecommunications
service, but which also do not offer local
exchange ser jice and are subject to the
rate-mraking jurisdiction of the corn-
mission
Philip Diehl, Telephone Division Director
has determined that for the first five-year
period the proposed section will be in ef-
fect there will be fiscal Irnplications for
state as a result of enforcing or admini-
stering the section 1he effect on state
government will be an estimated addi-
tional cost of $50.000 each year in 1988-
1991 There is no effect on local govern-
ment or small businesses as a result of
enforcing the section
Mr Dienl, also has determined that for
each year of the first five years the sec-
tion is in effect the public benefit an-
ticipated as a result of enforcing the
section will be generally :ower rates for
intrastate, inter LATA lon)nJ distance ser-
vice, and the availability of a wider range
of telecommunication ser vices The pos-
sible economic cost to those who are re-
quired to comply with thle section as
[roposed will be an unkn'_wn reduction
in AT&T's regulatory cxpe,,es
Comments on the prclpo-;al may be sub-
rnitted to Phillip Hold r, Secretary of the
Commission, 7800 Shoal Creek Boule-
vard, Suite 450N, Austin. Texas 78757
The new section is .ropos-ed under Texas
Civil Statutes. Article 1446,,. 16, which
provide the Public Utility Commission of
Texas with the authority to make and en
force rules reasonably required in the ex-
ercise of its powers and jurisdiction and
in administering the provisions of this Act
23 2.5 1 In a 1) l'nce' Rates
(a) Application :\ept as otherwise
specified, this sectionri only applies to com-
panies which ofter long distance' telecoin-
m niiCations ser ice as thiat n'clli: Ic defined
by 23.61 of this title (rclirltI to Ielepholne
I tilties), which do no t to - l al exchange'
service, and irc sullnc I I hI l c' Iiate-makllintg
jurillsdiction of the corrlliisi suit fll a, ny scr
vice or market, eer t e tol .,is thei RIX(
(b) Nesw scn'r ci'es Iitc, tIlh, clfetlrc
date of this sociIon, 1it RI\( mlii otJti new
services by following the i'citedines outlined
as follow s As used ii t lis suibsction, niw
services includes repticiing or i repickaginlg of
any tar iffed setr ice offering, so long as the
12 TexReg 298 January 27, 1987new service incorporates some new feature
and. is not merely a change of the names and
rates for an existing service, and any method
of tiansontission or swCicthing of messages or
data not offered on a tariffed basis prior to
January I, 1987. New services shall be of-
fered at the same price throughout the state.
New services shall be offered in ceer, area
of the state unless the access, switching, or
billing equipllmlent ,f a local exchange corn-
pans ctles nrit ' !ae e he icefhillcal capabihltv
to handle tie se';cc I he RI\(" shall ilc
a description of the proposed new service
with the common liission not less than 3() days
prior to the proposed eftectisc date of the
service. ihe RIX( shall gie statlcwide notice
of its t lllng of a new se sclce NCew ser 'ice"
shall be p)cced at o( ao,e thlie incren ntal
cost of such scr ,< l he lt g shi all also in-
chiude detailed , ost Juili no11)n for the nes,
service 11 the ne s it '' , sill 11 t he made
available on a' satec 't id.e hls slli tlcnnous-
1K, the RIX( shall dbo i ti cn l inplecrenta
tion plan shb. h ,all nl crio tllli ate the
RIX('. p raovi, i , for n kull, the sern ice
available siatew idc !1 thc RiiX( is not of -
fering a nclc scrIkc ri, n an alte because of
limitatllons tf the lcal ec change oilpaniy,
the RIX(' shal als ItI s pectiic inforination
which shall shot thei techiiItal reasons why
the service cannot be offered in the area. No
proceedings shall coniirenice, ard no time
limits shall beetil to runiii, until the RI ,
completes the fiirlg required bi this srbsec-
tion Fhe comirirsiron hliali determine
w hether the Iling conristitutcs a ne%% service,
whether the rates proposed t the new ser-
ice are set at or above rthe i ncleiental cost
of the service, and w whether the implemen-
tation plan is just ,nd reasonable If the
commission ha, anot issued an oldel accep-
ting the proposed new seaice at the rates and
c'ondtions proposed bl\ the R IX('. or setting
the just and reasonable rates to he charged
within 30) days. ti he new ser ice may go into
effect at thie ilates proposed, pending final
commission act i rl
(c) Banded rates After the effective
date of these rules, the RIX(C may have max-
imum and ninrmunm rates established by this
commission inl accordance with this sub-
section
(1) ['hie charges in e fi ct at thie ef-
fective date of this rulc shall be the bench-
mark price fhe bench i lar k price :may be
changed pursuant to piocedtiues set forth in
the Public Utlitv Regulatory Act (PURA),
43. The laximunum ald inlllllmnurrt rate for
each sers ice shall be a- follows.
(A) I or rlleage telecomlllmuilca-
tion ser% ice, tie ai,min\ium rte shall be $ 01
abo e the bench ~niark pt ice for each rate
hand for the llst year af tcr this section
tkbecones ette ille and s 2 aibhc the bench-
mark price for 'eah rate hi !or tie second
and srubsequcnti r iSl's fitr (his secttlOn
becoliles clfecit c I Ihe nllllinill rate shall
be $ 01 tblcio tihe erich limar k plce for each
rate hand il thl e l Ist ve a ftl this section
beconles -l elective, and $ 02 below the bench-mark price for each rate band for the second
and subsequent years after this section
becomes effective
(B) For viCde area telecom-
munications service, the maximum rate shall
be 5.0%/ above the bench-mark price, and
the minimum rate shall be i 00)0 below the
bench-mark price for the first year after this
section becomes effective The maximum
rate shall be 100'o above the bench-mark
price, and the nirrnnurn rate shall be 10070
below tile bench-rmaik price for the second
and subsequerii years after this section
becomes effective
(() Ior anal',g private line ser-
vice, for the first year after the section
becomes effective the inaxinmum rate shall be
$25 abose the monthly bench-rear k price per
local channel rate element, not to exceed the
cost of access for tlhe second year and each
subsequent %,el ,iaft' his sCctcOll becomes
etteci e, tIe rrmairniurimrr .ale shall be $50
atboe the montli heluncark prrce per local
channel rate elmen ill it o t' exceed the cost
of access 'ihe htc'ich-inar!, pr cc shall be the
minimum rate Ilhe cotitrlllssionl shall review
prn ate line rates before there cod of the se-
colld year after lhis sectiori becomes ef-
fectl e
(I)) I t cr rgital plate line ser-
vice, the naxiiiiium r ate shall hbe 1001o above
the bench-mnar k price, for the first year after
this section becomes cel it'c ve, and 20070
above the bench-rmark price for the second
and subsequent vears after this section
becomes effective l he minnlmum rate shall
be 10 o beov, the bench-mark price for the
first year after this section becomes effective,
and 200'o below tile benl-inark price for the
second and subsequent ears
(E) Ifor In-bound wide area
telephone sers i e ("A IS 8()) and operator
services, the bench-lmark price shall be the
maximum and mininulri price.
(2) the RIX( shall file tariffs con-
tainig its maxlmurin ad minunimnum rates and
the bench-imark rates in accordance with this
section on the ef lecltie date of this section,
and one year after the effect ie date of this
section. For analog private line service, the
taritls shall be accompanied by ilrormation
showing the access cost associated with each
Ilcal channel rte eleellnlt f or which max-
IunnI rates arc Ito he st
( \t l1 tIhe ta itfi is filed, the
RI\( may chaIr gc' the bench-;nlark prce with-
out further action of this colirimisSion. If the
company dest e to charge a price different
fromi its bench imar l pace, but within the
mnaxiiiium alid ilnliniimli tarif t rates, it shall
file a revised pr Ice schedule for each service
or group of services The RI Cnl may change
oic or liore than ()lon pie lithill a service
[he price schedule shall he in the form
prescribed by rile cirlllrissionl and shall make
reference to tloIhe mialf section!l, sheet number,
and UIS()(O code for each affected service.
The revised pr ice schedule shall have a stated
effective date, which shall niot be less than
30 days after the filing date Notice of theTexas Register A4
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Texas. Secretary of State. Texas Register, Volume 12, Number 7, Pages 285-323, January 27, 1987, periodical, January 27, 1987; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243851/m1/14/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.