Tex. Utils. Code Section 54.251
Provision of Service


(a)

Except as provided by this section, Section 54.252 (Grounds for Reduction of Service by Holder of Certificate of Convenience and Necessity), Section 54.253 (Discontinuation of Service by Certain Certificate Holders), and Section 54.254 (Required Refusal of Service), a telecommunications utility that holds a certificate of convenience and necessity or a certificate of operating authority shall:

(1)

offer all basic local telecommunications services to each customer in the utility’s certificated area; and

(2)

provide continuous and adequate service in that area.

(b)

Except as specifically determined otherwise by the commission under this subchapter or Subchapter G of this chapter, and except as provided by Subchapters C (Issuance of Certificate of Operating Authority) and D, Chapter 65 (Deregulation of Certain Incumbent Local Exchange Company Markets), the holder of a certificate of convenience and necessity for an area has the obligations of a provider of last resort regardless of whether another provider has a certificate of operating authority or service provider certificate of operating authority for that area.

(c)

A certificate holder may meet the holder’s provider of last resort obligations using any available technology. Notwithstanding any provision of Chapter 56 (Telecommunications Assistance and Universal Service Fund), the commission may adjust disbursements from the universal service fund to companies using technologies other than traditional wireline or landline technologies to meet provider of last resort obligations. As determined by the commission, the certificate holder shall meet minimum quality of service standards, including standards for 911 service, comparable to those established for traditional wireline or landline technologies and shall offer services at a price comparable to the monthly service charge for comparable services in that exchange or the provider’s nearest exchange.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2003, 78th Leg., ch. 76, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 7, eff. September 7, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 6, eff. September 1, 2011.

Source: Section 54.251 — Provision of Service, https://statutes.­capitol.­texas.­gov/Docs/UT/htm/UT.­54.­htm#54.­251 (accessed May 18, 2024).

54.001
Certificate Required
54.002
Exceptions to Certificate Requirement for Service Extension
54.003
Exceptions to Certificate Requirement for Certain Services
54.004
Relinquishment Plan
54.005
Notice of and Hearing on Application
54.006
Request for Preliminary Order
54.007
Flexibility Plan
54.008
Revocation or Amendment of Certificate
54.051
Definition
54.052
Certificate Required for Public Utility
54.053
Application for Certificate
54.054
Grant or Denial of Certificate
54.101
Definition
54.102
Application for Certificate
54.103
Grant or Denial of Certificate
54.104
Time of Service Requirements
54.105
Penalty for Violation of Title
54.151
Definition
54.152
Limitation on Grant of Certificate
54.153
Eligibility for Certificate
54.154
Application for Certificate
54.155
Grant or Denial of Certificate
54.156
Resale of Services
54.157
Optional Extended Area Service or Expanded Local Calling Service
54.158
Interference with Resold Services Prohibited
54.159
Retention of Access Service and Intralata Toll Service
54.201
Certification Prohibited
54.202
Prohibited Municipal Services
54.203
Service in Annexed or Incorporated Area
54.204
Discrimination by Municipality Prohibited
54.205
Municipality’s Right to Control Access
54.206
Recovery of Municipal Fee
54.251
Provision of Service
54.252
Grounds for Reduction of Service by Holder of Certificate of Convenience and Necessity
54.253
Discontinuation of Service by Certain Certificate Holders
54.254
Required Refusal of Service
54.255
Transfer of Certain Certificates
54.256
Application of Contracts
54.257
Interference with Another Telecommunications Utility
54.258
Maps
54.259
Discrimination by Property Owner Prohibited
54.260
Property Owner’s Conditions
54.261
Shared Tenant Services Contract
54.301
Definitions
54.302
Provider of Last Resort
54.303
Successor Telecommunications Utility When No Sufficient Facilities Exist
54.304
Abandonment or Cessation by Facilities-based Provider
54.305
Commission Participation in Bankruptcy Proceedings
54.2025
Lease of Fiber Optic Cable Facilities
54.3015
Applicability of Subchapter

Accessed:
May 18, 2024

§ 54.251’s source at texas​.gov