CHAPTER 60. COMPETITIVE SAFEGUARDS - Texas Statutes

UTILITIES CODE

TITLE 2. PUBLIC UTILITY REGULATORY ACT

SUBTITLE C. TELECOMMUNICATIONS UTILITIES

CHAPTER 60. COMPETITIVE SAFEGUARDS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 60.001. FAIR COMPETITION. To the extent necessary to

ensure that competition in telecommunications is fair to each

participant and to accelerate the improvement of

telecommunications in this state, the commission shall ensure

that the rates and rules of an incumbent local exchange company:

(1) are not unreasonably preferential, prejudicial, or

discriminatory; and

(2) are applied equitably and consistently.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.002. EXCLUSIVE JURISDICTION; ENFORCEMENT. (a) The

commission has exclusive jurisdiction to implement competitive

safeguards.

(b) Section 58.025 does not prevent the commission from

enforcing this chapter.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.003. COMMISSION AUTHORITY. (a) The commission may:

(1) establish procedures with respect to a policy stated in this

subchapter or Subchapters B-H; and

(2) resolve a dispute that arises under a policy described by

Subdivision (1).

(b) The commission shall adopt procedures for a proceeding under

Subchapters B and C. A procedure may:

(1) limit discovery; and

(2) for purposes of cross-examination align any party, other

than the office, with another party that has a similar position.

(c) In adopting a procedure under this section and in resolving

a dispute, the commission shall consider the action's effect on:

(1) consumers;

(2) competitors; and

(3) the incumbent local exchange company.

(d) The commission, by order or rule, may not implement a

requirement that is contrary to a federal law or rule.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.004. APPLICABILITY TO CERTAIN SMALLER INCUMBENT LOCAL

EXCHANGE COMPANIES; RULES. (a) Subchapters B, C, and H may be

applied to an incumbent local exchange company that serves fewer

than 31,000 access lines only on a bona fide request from a

certificated telecommunications utility.

(b) In applying the rules adopted under Subchapters B, C, and H

to a company described by Subsection (a), the commission may

modify the rules in the public interest.

(c) This section takes effect September 1, 1998.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.005. APPLICABILITY TO CERTAIN LARGER INCUMBENT LOCAL

EXCHANGE COMPANIES; RULES. (a) Subchapters B, D, and F may be

applied to an incumbent local exchange company that, as of

September 1, 1995, has 31,000 or more access lines in this state

but fewer than one million access lines in this state only on a

bona fide request from a holder of a certificate of operating

authority or a service provider certificate of operating

authority.

(b) In applying the rules adopted under Subchapters B, D, and F

to a company described by Subsection (a), the commission may

modify the rules in the public interest.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.006. BULLETIN BOARD SYSTEMS UNAFFECTED. This subtitle

does not:

(1) require the commission to change the rate treatment

established by the commission in Docket No. 8387 for a bulletin

board system in a residence;

(2) regulate or tax a bulletin board system or Internet service

provider that provides only enhanced or information services and

that does not provide a telecommunications service; or

(3) require a change in a rate charged to an entity described by

Subdivision (2) under a tariff in effect on September 1, 1995.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER B. UNBUNDLING

Sec. 60.021. MINIMUM UNBUNDLING REQUIREMENT. At a minimum, an

incumbent local exchange company shall unbundle its network to

the extent the Federal Communications Commission orders.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.022. COMMISSION UNBUNDLING ORDERS. (a) The commission

may adopt an order relating to the issue of unbundling of local

exchange company services in addition to the unbundling required

by Section 60.021.

(b) Before ordering further unbundling, the commission must

consider the public interest and competitive merits of further

unbundling.

(c) On the request of a party, the commission shall proceed by

evidentiary hearing. If a request for a hearing is not made, the

commission may proceed by rulemaking.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.023. ASSIGNMENT OF UNBUNDLED COMPONENT TO CATEGORY OF

SERVICE. The commission may assign an unbundled component to the

appropriate category of services under Chapter 58 according to

the purposes and intents of the categories.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER C. RESALE

Sec. 60.041. LOOP RESALE TARIFF. (a) An incumbent local

exchange company that on September 1, 1995, serves one million or

more access lines or that on or before September 1, 1995, elects

regulation under Chapter 58 shall file a usage sensitive loop

resale tariff.

(b) An incumbent local exchange company shall file a usage

sensitive loop resale tariff not later than the 60th day after

the date a certificate of operating authority or a service

provider certificate of operating authority is granted under

Chapter 54 if the company:

(1) serves fewer than one million access lines; and

(2) is not an electing company under Chapter 58.

(c) The commission shall conduct an appropriate proceeding to

determine the rates and terms of the resale tariff not later than

the 180th day after the date the tariff is filed.

(d) The commission may not approve a usage sensitive rate unless

the rate recovers:

(1) the total long run incremental cost of the loop on an

unseparated basis; and

(2) an appropriate contribution to joint and common costs.

(e) Except as provided by Section 60.044, a person may not

purchase from the resale tariff unless the person is the holder

of:

(1) a certificate of convenience and necessity;

(2) a certificate of operating authority; or

(3) a service provider certificate of operating authority.

(f) In this section, "loop resale" means the purchase of the

local distribution channel or loop facility from the incumbent

local exchange company to resell to end user customers.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.042. PROHIBITED RESALE OR SHARING. (a) A provider of

telecommunications service may not impose a restriction on the

resale or sharing of a service:

(1) for which the provider is not a dominant provider; or

(2) entitled to regulatory treatment as a nonbasic service under

Subchapter E, Chapter 58, if the provider is a company electing

regulation under Chapter 58.

(b) An incumbent local exchange company must comply with the

resale provisions of 47 U.S.C. Section 251(c)(4), as amended,

unless exempted under 47 U.S.C. Section 251(f), as amended.

(c) If a company electing under Chapter 58 offers basic or

nonbasic services regulated by the commission to its retail

customers as a promotional offering, the electing company shall

make those services available for resale by a certificated

telecommunications utility on terms that are no less favorable

than the terms on which the services are made available to retail

customers in accordance with this section. For a promotion with a

duration of 90 days or less, the electing company's basic or

nonbasic services shall be made available to the certificated

telecommunications utility at the electing company's promotional

rate, without an avoided-cost discount. For a promotion with a

duration of more than 90 days, the electing company's basic or

nonbasic services shall be made available to the certificated

telecommunications utility at a rate reflecting the avoided-cost

discount, if any, from the promotional rate.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 51, eff. Sept. 1,

1999.

Sec. 60.043. RESALE OBLIGATION. A holder of a certificate of

operating authority or a service provider certificate of

operating authority shall permit a local exchange company to

resell the holder's loop facilities at the holder's regularly

published rates if the local exchange company:

(1) does not have loop facilities; and

(2) has a request for service.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.044. ELIMINATION OF RESALE PROHIBITIONS. (a) Except as

provided by Subsections (c) and (d), the commission shall

eliminate all resale prohibitions in the tariffs of an electing

company on the:

(1) completion of the commission's costing and pricing

rulemaking;

(2) completion of rate rebalancing of the incumbent local

exchange company rates under Subchapter F; and

(3) removal of all prohibitions on an incumbent local exchange

company's provision of interLATA services.

(b) Except as provided by Subsections (c) and (d), the

commission shall eliminate all resale prohibitions in the tariffs

of an electing company that has one million access lines or more

on removal of all prohibitions on the company's provision of

interLATA service.

(c) After the resale prohibitions are eliminated under this

section:

(1) the commission shall continue to prohibit the resale of

local exchange or directory assistance flat rate services as a

substitute for usage sensitive services; and

(2) residence service may not be resold to a business customer.

(d) A service or function may be offered for resale only to the

same class of customer to which the incumbent local exchange

company sells the service if the commission finds that:

(1) as a result of the costing and pricing proceeding the rate

for the service or function will be less than the cost of

providing the service or function; and

(2) the difference in rate and cost will not be recovered from

the universal service fund.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.045. RESALE OR SHARING ARRANGEMENTS UNAFFECTED. This

subchapter does not change a resale or sharing arrangement

permitted in an incumbent local exchange company tariff that:

(1) existed on September 1, 1995; or

(2) was filed on or before May 1, 1995, by an incumbent local

exchange company that serves more than five million access lines

in this state.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER D. IMPUTATION

Sec. 60.061. RULES. (a) The commission shall adopt rules

governing imputation of the price of a service.

(b) Imputation is a regulatory policy the commission shall apply

to prevent an incumbent local exchange company from selling a

service or function to another telecommunications utility at a

price that is higher than the rate the incumbent local exchange

company implicitly includes in services it provides to the

company's retail customers.

(c) The commission may require imputation only of the price of a

service that is:

(1) not generally available from a source other than the

incumbent local exchange company; and

(2) necessary for the competitor to provide a competing service.

(d) The commission may require imputation only on a

service-by-service basis and may not require imputation on a

rate-element-by-element basis.

(e) For a service for which the commission may require

imputation under Subsection (c) and that is provided under a

customer specific contract, the commission:

(1) may require imputation only on a service-by-service basis

within the contract; and

(2) may not require imputation on a rate-element-by-element

basis.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.062. EXCEPTION FOR CAPPED PRICE. The commission may not

require imputation of the price to a local exchange telephone

service while the price is capped under Chapter 58 or 59.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.063. IMPUTATION FOR SWITCHED ACCESS. The commission

shall impute the price of switched access service to the price of

each service for which switched access service is a component

until switched access service is competitively available.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.064. RECOVERY OF COST OF PROVIDING SERVICE. (a) An

incumbent local exchange company shall demonstrate that the price

it charges for retail service recovers the cost of providing the

service.

(b) For purposes of this section, the cost of providing the

service is the sum of:

(1) each specifically tariffed premium rate for each

noncompetitive service or service function, or each element of a

noncompetitive service or service function, or the functional

equivalent, that is used to provide the service;

(2) the total service long run incremental cost of the

competitive services or service functions that are used;

(3) each cost, not reflected in Subdivision (1) or (2), that is

specifically associated with providing the service or group of

services; and

(4) each cost or surcharge associated with an explicit subsidy

applied to all providers of the service to promote universal

service.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.065. WAIVERS. If the commission determines that a

waiver is in the public interest, the commission may waive an

imputation requirement for a public interest service such as:

(1) 9-1-1 service; or

(2) dual party relay service.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER E. TELECOMMUNICATIONS NUMBER PORTABILITY

Sec. 60.081. DEFINITION. In this subchapter,

"telecommunications number portability" means the ability of a

telecommunications services user who is changing from one

telecommunications service provider to another provider to retain

a telephone number, to the extent technically feasible, without

impairing the quality, reliability, or convenience of service.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.082. PORTABILITY GUIDELINES. (a) Because a uniform

national number plan is valuable and necessary to this state, the

commission by rule shall adopt guidelines governing

telecommunications number portability and the assignment of

telephone numbers in a competitively neutral manner.

(b) The rules may not be inconsistent with the rules and

regulations of the Federal Communications Commission regarding

telecommunications number portability.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.083. INTERIM RETENTION OF CONSUMER NUMBERS. As an

interim measure, the commission shall adopt reasonable

mechanisms, including, at minimum, the use of call forwarding and

direct inward dialing, to allow consumers to retain their

telephone numbers.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.084. RATES FOR INTERIM PORTABILITY MEASURES. (a) An

incumbent local exchange company with one million or more access

lines shall file tariffs, and the commission shall determine

reasonable rates to be charged by the company for:

(1) call forwarding;

(2) direct inward dialing; and

(3) any other mechanism the commission determines should be used

as an interim telecommunications number portability measure by a

new entrant.

(b) An incumbent local exchange company with fewer than one

million access lines that serves an area in which a certificate

of operating authority or a service provider certificate of

operating authority has been granted shall, not later than the

60th day after the date of a bona fide request, file tariffs in

accordance with Subsection (a).

(c) Not later than the 60th day after the date a company files

tariffs under Subsection (b), the commission shall determine

reasonable rates in accordance with Subsection (a).

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER F. PRICING

Sec. 60.101. PRICING RULE. (a) The commission shall adopt a

pricing rule.

(b) In adopting the pricing rule, the commission shall:

(1) ensure that each price for a monopoly service remains

affordable;

(2) ensure that each price for competitive service is not:

(A) unreasonably preferential, prejudicial, or discriminatory;

(B) directly or indirectly subsidized by a noncompetitive

service; or

(C) predatory or anticompetitive; and

(3) require that each service recover the appropriate costs,

including joint and common costs, of each facility and function

used to provide the service.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.102. ADOPTION OF COST STUDIES BY CERTAIN COMPANIES. The

commission shall allow an incumbent local exchange company that

is not a Tier 1 local exchange company on September 1, 1995, to

adopt, at that company's option, the cost studies approved by the

commission for a Tier 1 local exchange company.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER G. INTERCONNECTION

Sec. 60.121. DEFINITION. In this subchapter, "interconnection"

means, for calls that originate and terminate in this state, the

termination of local intraexchange traffic of another local

exchange company or holder of a service provider certificate of

operating authority within the local calling area of the

terminating local exchange company or certificate holder.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.122. EXCLUSIVE JURISDICTION. The commission has

exclusive jurisdiction to determine rates and terms for

interconnection for a holder of a certificate of convenience and

necessity, a certificate of operating authority, or a service

provider certificate of operating authority.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.123. INAPPLICABILITY OF SUBCHAPTER. This subchapter

does not apply to a rate for the existing termination of cellular

or interexchange traffic.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.124. INTEROPERABLE NETWORKS REQUIRED. (a) The

commission shall require each telecommunications provider to

maintain interoperable networks.

(b) The commission may:

(1) adopt rules, including generic rules that are responsive to

changes in federal law or a development in the local exchange

market; and

(2) set policies governing interconnection arrangements.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.125. DETERMINATION OF INTERCONNECTION RATES. (a)

Telecommunications providers shall negotiate network

interconnectivity, charges, and terms.

(b) If interconnectivity, charges, and terms are successfully

negotiated, the commission shall approve the interconnection

rates.

(c) If telecommunications providers do not enter into a mutually

agreed compensation rate under this section, each provider shall

reciprocally terminate the other provider's traffic at no charge

for the first nine months after the date the first call is

terminated between the providers.

(d) During the nine-month period prescribed by Subsection (c),

the commission shall complete a proceeding to establish

reciprocal interconnection rates and terms. The commission shall

establish reciprocal interconnection rates and terms based solely

on the commission proceeding.

(e) In establishing the initial interconnection rate, the

commission may not require cost studies from the new entrant.

(f) On or after the third anniversary of the date the first call

is terminated between the providers, the commission, on receipt

of a complaint, may require cost studies by a new entrant to

establish interconnection rates.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.126. INTERCONNECTIVITY NEGOTIATIONS; DISPUTE RESOLUTION.

The commission may resolve a dispute filed by a party to a

negotiation under Section 60.125(a).

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.127. ADOPTION OF APPROVED INTERCONNECTION RATES. (a)

An incumbent local exchange company may adopt the interconnection

rates the commission approves for a larger incumbent local

exchange company without additional cost justification.

(b) If an incumbent local exchange company does not adopt the

interconnection rates of a larger company or negotiates under

Section 60.125(a), the company is governed by Sections

60.125(c)-(f).

(c) If the incumbent local exchange company adopts the

interconnection rates of another incumbent local exchange

company, the new entrant may adopt those rates as the new

entrant's interconnection rates.

(d) If the incumbent local exchange company elects to file its

own tariff, the new entrant must also file its own

interconnection tariff.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.128. USE OF RATES RESTRICTED. The commission may not

use interconnection rates under this subchapter as a basis to

alter interconnection rates for other services.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER H. EXPANDED INTERCONNECTION

Sec. 60.141. EXPANDED INTERCONNECTION RULES. The commission

shall adopt rules for expanded interconnection that:

(1) are consistent with the rules and regulations of the Federal

Communications Commission relating to expanded interconnection;

(2) treat intrastate private line services as special access

service; and

(3) provide that if an incumbent local exchange company is

required to provide expanded interconnection to another local

exchange company, the second local exchange company shall in a

similar manner provide expanded interconnection to the first

company.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER I. LOCAL EXCHANGE COMPANY REQUIREMENTS

Sec. 60.161. INCUMBENT LOCAL EXCHANGE COMPANY REQUIREMENTS. An

incumbent local exchange company may not unreasonably:

(1) discriminate against another provider by refusing access to

the local exchange;

(2) refuse or delay an interconnection to another provider;

(3) degrade the quality of access the company provides to

another provider;

(4) impair the speed, quality, or efficiency of a line used by

another provider;

(5) fail to fully disclose in a timely manner on request all

available information necessary to design equipment that will

meet the specifications of the local exchange network; or

(6) refuse or delay access by a person to another provider.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.162. EXPANDED INTERCONNECTION. This subchapter does not

require an incumbent local exchange company to provide expanded

interconnection as that term is defined by the Federal

Communications Commission.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.163. INFRASTRUCTURE SHARING. (a) The commission shall

adopt rules that require a local exchange company to share public

switched network infrastructure and technology with a requesting

local exchange company that lacks economies of scale or scope, to

enable the requesting company to provide telecommunications

services in each geographic area for which the requesting company

is designated as the sole carrier of last resort.

(b) The rules governing the sharing:

(1) may not require a local exchange company to make a decision

that is uneconomic or adverse to the public;

(2) shall permit, but may not require, joint ownership and

operation of public switched network infrastructure and services

by or among the local exchange companies that share

infrastructure; and

(3) shall establish conditions that promote cooperation between

local exchange companies.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 60.164. PERMISSIBLE JOINT MARKETING. Except as prescribed

in Chapters 61, 62, and 63, the commission may not adopt any rule

or order that would prohibit a local exchange company from

jointly marketing or selling its products and services with the

products and services of any of its affiliates in any manner

permitted by federal law or applicable rules or orders of the

Federal Communications Commission.

Added by Acts 1999, 76th Leg., ch. 1212, Sec. 52, eff. Sept. 1,

1999.

Sec. 60.165. AFFILIATE RULE. Except as prescribed in Chapters

61, 62, and 63, the commission may not adopt any rule or order

that would prescribe for any local exchange company any affiliate

rule, including any accounting rule, any cost allocation rule, or

any structural separation rule, that is more burdensome than

federal law or applicable rules or orders of the Federal

Communications Commission. Notwithstanding any other provision in

this title, the commission may not attribute or impute to a local

exchange company a price discount offered by an affiliate of the

local exchange company to the affiliate's customers. This section

does not limit the authority of the commission to consider a

complaint brought under Subchapter A, Chapter 52, Section 53.003,

or this chapter.

Added by Acts 1999, 76th Leg., ch. 1212, Sec. 52, eff. Sept. 1,

1999.

SUBCHAPTER J. WHOLESALE CODE OF CONDUCT

Sec. 60.201. STATEMENT OF POLICY. It is the policy of this

state that providers of telecommunications services operate in a

manner that is consistent with minimum standards to provide

customers with continued competitive choices.

Added by Acts 2005, 79th Leg., 2nd C.S., Ch.

2, Sec. 24, eff. September 7, 2005.

Sec. 60.202. APPLICABILITY OF SUBCHAPTER. A provision of this

subchapter applies only to the extent the provision has not been

preempted by federal law or a rule, regulation, or order of the

Federal Communications Commission.

Added by Acts 2005, 79th Leg., 2nd C.S., Ch.

2, Sec. 24, eff. September 7, 2005.

Sec. 60.203. MINIMUM SERVICE REQUIREMENTS. A telecommunications

provider may not unreasonably:

(1) discriminate against another provider by refusing access to

an exchange;

(2) refuse or delay an interconnection to another provider;

(3) degrade the quality of access the telecommunications

provider provides to another provider;

(4) impair the speed, quality, or efficiency of a line used by

another provider;

(5) fail to fully disclose in a timely manner on request all

available information necessary to design equipment that will

meet the specifications of the network; or

(6) refuse or delay access by a person to another provider.

Added by Acts 2005, 79th Leg., 2nd C.S., Ch.

2, Sec. 24, eff. September 7, 2005.

Sec. 60.204. INTERCONNECTION. A telecommunications provider

shall provide interconnection with other telecommunications

providers' networks for the transmission and routing of telephone

exchange service and exchange access.

Added by Acts 2005, 79th Leg., 2nd C.S., Ch.

2, Sec. 24, eff. September 7, 2005.

Sec. 60.205. NUMBER PORTABILITY. A telecommunications provider

shall provide number portability in accordance with federal

requirements.

Added by Acts 2005, 79th Leg., 2nd C.S., Ch.

2, Sec. 24, eff. September 7, 2005.

Sec. 60.206. DUTY TO NEGOTIATE. A telecommunications provider

shall negotiate in good faith the terms and conditions of any

agreement.

Added by Acts 2005, 79th Leg., 2nd C.S., Ch.

2, Sec. 24, eff. September 7, 2005.

Sec. 60.207. DIALING PARITY. (a) A telecommunications provider

shall provide dialing parity to competing telecommunications

providers of telephone exchange service and telephone toll

service.

(b) A telecommunications provider shall provide

nondiscriminatory access to telephone numbers, operator services,

directory assistance, and directory listings and may not delay

that access unreasonably.

Added by Acts 2005, 79th Leg., 2nd C.S., Ch.

2, Sec. 24, eff. September 7, 2005.

Sec. 60.208. ACCESS TO RIGHTS-OF-WAY. A telecommunications

provider shall provide access to poles, ducts, conduits, and

rights-of-way to competing providers of telecommunications

service on rates, terms, and conditions that are just,

reasonable, and nondiscriminatory.

Added by Acts 2005, 79th Leg., 2nd C.S., Ch.

2, Sec. 24, eff. September 7, 2005.

Sec. 60.209. RECIPROCAL COMPENSATION. A telecommunications

provider shall establish reciprocal compensation arrangements for

the transport and termination of telecommunications.

Added by Acts 2005, 79th Leg., 2nd C.S., Ch.

2, Sec. 24, eff. September 7, 2005.

Sec. 60.210. ACCESS TO SERVICES. A telecommunications provider

shall provide access to:

(1) 911 and E-911 service;

(2) directory assistance service to allow other

telecommunications providers' customers to obtain telephone

numbers; and

(3) operator call completion service.

Added by Acts 2005, 79th Leg., 2nd C.S., Ch.

2, Sec. 24, eff. September 7, 2005.