Texas Utilities Code

§ 52.203 — MARKET POWER TEST

UT § 52.203Title 2. PUBLIC UTILITY REGULATORY ACT · Part C. TELECOMMUNICATIONS UTILITIES · Ch. 52. COMMISSION JURISDICTION · Art. E. DEREGULATION OF SERVICE

Statute text

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(a)To determine whether an incumbent local exchange company or holder of a certificate of operating authority who is a dominant carrier is no longer dominant for a service in a geographic market, the commission must find that:

(1)there is an effective competitive alternative; and

(2)the incumbent local exchange company or certificate holder does not have market power sufficient to control, in a manner that is adverse to the public interest, the price of the service in the geographic area.

(b)To determine whether the incumbent local exchange company or certificate holder is dominant for a service in the geographic area, the commission shall consider:

(1)the number and size of telecommunications utilities or other persons who provide the same, equivalent, or substitutable service in the relevant market;

(2)the extent to which the service is available in the relevant market;

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Legislative history

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