(a) An incumbent local exchange company may introduce a new service 10 days after
providing an informational notice to the commission, to the office, and to any person
who holds a certificate of operating authority in the incumbent local exchange company's
certificated area or areas or who has an effective interconnection agreement with
the incumbent local exchange company.
(b) An incumbent local exchange company shall price each new service at or above the
service's long run incremental cost. The commission shall allow a company serving fewer than one million access lines
in this state to establish a service's long run incremental cost by adopting, at that
company's option, the cost studies of a larger company for that service that have
been accepted by the commission.
(c) An affected person, the office on behalf of residential or small commercial customers,
or the commission may file a complaint at the commission challenging whether the pricing
by an incumbent local exchange company of a new service is in compliance with Subsection
(d) If a complaint is filed under Subsection (c), the incumbent local exchange company
has the burden of proving that the company set the price for the new service in accordance
with the applicable provisions of this subchapter. If the complaint is finally resolved in favor of the complainant, the company:
(1) shall, not later than the 10th day after the date the complaint is finally resolved,
amend the price of the service as necessary to comply with the final resolution; or
(2) may, at the company's option, discontinue the service.
(e) A company electing incentive regulation under Chapter 58 or 59 may introduce new
services only in accordance with the applicable provisions of Chapter 58 or 59.
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