Texas Utilities Code

§ 65.052 — DETERMINATION OF WHETHER A MARKET SHOULD REMAIN REGULATED

UT § 65.052Title 2. PUBLIC UTILITY REGULATORY ACT · Part C. TELECOMMUNICATIONS UTILITIES · Ch. 65. DEREGULATION OF CERTAIN INCUMBENT LOCAL EXCHANGE COMPANY MARKETS · Art. B. DETERMINATION OF WHETHER MARKET SHOULD BE REGULATED

Statute text

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(a)An incumbent local exchange company may petition the commission to deregulate a market of the company that the commission previously determined should remain regulated. Notwithstanding any other provision of this title, only the incumbent local exchange company may initiate a proceeding to deregulate one of the company's markets. Not later than the 90th day after the date the commission receives the petition, the commission shall:

(1)determine whether the regulated market should remain regulated; and

(2)issue a final order classifying the market in accordance with this section.

(b)In making a determination under Subsection (a), the commission may not determine that a market should remain regulated if:

(1)the population in the area included in the market is at least 100,000; or

(2)the population in the area included in the market is less than 100,000 and, in addition to the incumbent local exchange company, there are at least two competitors operating in all or part of the market that:

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 15, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 21(3), eff. September 1, 2011.