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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) A telecommunications utility that holds a certificate of operating authority or a service provider certificate of operating authority may:
(1) cease operations in the utility's certificated area; or
(2) discontinue an optional service that is not essential to providing basic local telecommunications service.
(b) Before the telecommunications utility ceases operations or discontinues an optional service, the utility, in the manner required by the commission, must give notice of the intended action to:
(1) the commission;
(2) each affected customer;
(3) the Commission on State Emergency Communications;
(4) the office; and
(5) each wholesale provider of telecommunications facilities or services from which the utility has purchased facilities or services.
(c) The telecommunications utility is entitled to discontinue an optional service on or after the 61st day after the date the utility gives the notice.
(d) The telecommunications utility may not cease operations in its certificated area unless the commission authorizes the utility to cease operations and:
(1) another provider of basic local telecommunications services has adequate facilities and capacity to serve the customers in the certificated area; or
(2) the utility is an “exiting utility,” as that term is defined by Section 54.301, no other telecommunications utility has facilities sufficient to provide basic local telecommunications service in the defined geographic area, and the utility acts in good faith to provide for a transition of the utility's existing basic local telecommunications service customers to another holder of a certificate for that area.
(e) The commission may not authorize the telecommunications utility to cease operations under Subsection (d) before the 61st day after the date the utility gives the notice required by Subsection (b). Unless the commission receives a complaint from an affected person, the commission may enter an order under this subsection administratively.
Cite this article: FindLaw.com - Texas Utilities Code - UTIL § 54.253. Discontinuation of Service by Certain Certificate Holders - last updated January 01, 2024 | https://codes.findlaw.com/tx/utilities-code/util-sect-54-253/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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