Title UT, Utilities Code

Sec. 55.125. HOURS WHEN USE PROHIBITED. (a) A person may not use an automated dial announcing device to make a telephone solicitation call terminating in this state in which the device plays a recorded message when the connection is completed if the call is made: (1) before noon …

Sec. 55.126. DEVICE DISCONNECTION. A person may not use an automated dial announcing device to make a telephone call in which the device plays a recorded message when the connection is completed unless the device disconnects from the called person's line not later than five secon…

Sec. 55.127. CONTENTS OF RECORDED MESSAGE. (a) A person may not use an automated dial announcing device to make a telephone call in which the device plays a recorded message when the connection is completed unless the recorded message states during the first 30 seconds of the cal…

Sec. 55.128. DURATION OF RECORDED MESSAGE. A person may not use an automated dial announcing device to make for solicitation purposes a telephone call in which the device plays a recorded message when the connection is completed unless: (1) the recorded message is shorter than 30…

Sec. 55.129. PERMIT REQUIRED. A person may not use an automated dial announcing device to make a telephone call in which the device plays a recorded message when the connection is completed unless the person has a permit under Section 55.130. Acts 1997, 75th Leg., ch. 166, Sec. 1…

Sec. 55.130. PERMIT. (a) A person may not use an automated dial announcing device without a permit issued by the commission. (b) An applicant for an original permit must submit to the commission an application on a form that: (1) is prescribed by the commission; and (2) contains:…

Sec. 55.131. PERMIT FEE. (a) The commission shall prescribe a fee for an original permit or renewal of a permit. (b) The amount of the original permit fee must be reasonable and cover the enforcement cost to the commission but may not exceed $500. (c) The fee for renewal of a per…

Sec. 55.132. NOTIFICATION OF CHANGE. (a) The owner or operator of an automated dial announcing device shall notify the commission if the telephone number of the device or the physical address from which the device operates changes. (b) The owner or operator shall give the notice …

Sec. 55.133. NOTIFICATION OF LOCAL EXCHANGE COMPANY. The commission shall provide to a local exchange company on request a copy of a permit issued under this subchapter and of any change relating to the permit. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 55.134. COMPLAINTS AND ENFORCEMENT. (a) The commission shall: (1) investigate complaints relating to the use of an automated dial announcing device; and (2) enforce this subchapter. (b) A local exchange company that receives a complaint relating to the use of an automated di…

Sec. 55.135. REVOCATION OF PERMIT. The commission may revoke a person's permit if the person fails to comply with this subchapter. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 55.136. DISCONNECTION OF SERVICE. (a) If the commission or a court determines that a person has violated this subchapter, the commission or court shall require a telecommunications utility to disconnect service to the person. (b) The telecommunications utility may reconnect …

Sec. 55.137. ADMINISTRATIVE PENALTY. (a) The commission may impose an administrative penalty against a person who owns or operates an automated dial announcing device in violation of this subchapter or a commission rule or order. (b) The penalty for a violation may be in an amoun…

Sec. 55.138. CRIMINAL PENALTY. (a) A person commits an offense if the person owns or operates an automated dial announcing device that the person knows is operating in violation of this subchapter. (b) An offense under this section is a Class A misdemeanor. Acts 1997, 75th Leg., …

Sec. 55.171. DEFINITION. In this subchapter, "provider" means an entity that provides pay telephone service, including: (1) an incumbent local exchange company; and (2) a subscriber to a customer-owned pay telephone service. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 19…

Sec. 55.172. LIMITATION. This subchapter prescribes the limits of: (1) the right of a provider to set the provider's rates and charges for pay telephone services; and (2) the commission's authority over the pay telephone service rates of an incumbent local exchange company. Acts …

Sec. 55.173. REGISTRATION. (a) A person may not provide pay telephone service in this state unless the person is registered with the commission. (b) This section does not apply to a provider who holds a certificate of convenience and necessity. Acts 1997, 75th Leg., ch. 166, Sec.…

Sec. 55.1735. CHARGE FOR PAY PHONE ACCESS LINE. The charge or surcharge a local exchange company imposes for an access line used to provide pay telephone service in an exchange may not exceed the amount of the charge or surcharge the company imposes for an access line used for re…

Sec. 55.174. PROHIBITION ON CHARGE FOR CERTAIN CALLS. A provider may not charge a person making a call on a pay telephone for: (1) local directory assistance; or (2) a call made under Chapter 771 or 772, Health and Safety Code. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1,…

Sec. 55.175. CHARGE FOR LOCAL CALLS. (a) The commission shall establish the limit on the amount a provider may charge for a pay telephone coin sent-paid call in the local exchange company's toll-free calling area. (b) The commission may establish a statewide ceiling on the amount…

Sec. 55.176. CHARGE FOR 800-TYPE CALLS. (a) A provider may charge at a pay telephone a fee of not more than 25 cents for initiating an 800-type call. (b) A provider may impose the fee only if: (1) the pay telephone is registered with the commission; and (2) the provider certifies…

Sec. 55.177. CHARGE FOR CREDIT CARD, CALLING CARD, OR OPERATOR-ASSISTED CALLS. (a) A provider may not impose for a credit card, calling card, or live or automated operator-assisted call a rate or charge that is greater than the authorized rates and charges published on March 18, …

Sec. 55.178. NOTICE OF INABILITY TO RECEIVE CALLS. (a) A provider may not display the telephone number of a pay telephone that cannot receive telephone calls. (b) A provider shall place in a conspicuous location on each pay telephone that cannot receive telephone calls a notice s…

Sec. 55.179. INFORMATION REQUIREMENTS. (a) The commission by rule may prescribe the information that must be posted on a pay telephone. (b) A commission rule may not require a provider or an affiliate of a provider to police compliance by another provider with the commission's ru…

Sec. 55.180. VIOLATIONS. The commission may order the disconnection of pay telephone service for not more than one year for repeat violations of commission rules. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. SUBCHAPTER I. DIRECTORY LISTINGS AND ASSISTANCE

Sec. 55.201. TERMS OF DIRECTORY LISTINGS AND ASSISTANCE. (a) Each company that provides local exchange telephone service in overlapping certificated areas shall negotiate the terms of printed directory listings and directory assistance in those areas. (b) On complaint by the incu…

Sec. 55.202. DIRECTORY PUBLISHED BY TELECOMMUNICATIONS UTILITY. A telecommunications utility or an affiliate of that utility that publishes a residential or business telephone directory that is distributed to the public shall publish in the directory the name of each state senato…

Sec. 55.203. DIRECTORY PUBLISHED BY PRIVATE PUBLISHER. (a) A private for-profit publisher of a residential telephone directory that is distributed to the public at minimal or no cost shall include in the directory: (1) a listing of any toll-free and local telephone numbers of: (A…

Sec. 55.204. ELECTRONIC TELEPHONE DIRECTORY. (a) Notwithstanding any other law, a telecommunications provider or telecommunications utility, to further the recycling goals, may publish on the provider's or the utility's Internet website a telephone directory or directory listing …

Sec. 55.251. CHARGE FOR HOTEL OR MOTEL CALL. A hotel or motel may not charge more than 50 cents for: (1) a local telephone call; (2) a credit card telephone call; (3) a collect telephone call; or (4) any other local telephone call for which assistance from the hotel or motel oper…

Sec. 55.252. 900 SERVICE USED BY PROBATIONERS OR PAROLEES. (a) This section applies only to a telecommunications utility that transports or provides an intrastate 900 service that is: (1) covered by a contract authorized by Chapter 76 or 508, Government Code; and (2) used by a de…

Sec. 55.253. TELEPHONE PREPAID CALLING SERVICES. (a) In this section: (1) "Prepaid calling card company" means a company that provides a prepaid calling service to the public using its own network or resold services. (2) "Prepaid calling service" means a prepaid telecommunication…

Sec. 55.301. STATE POLICY. It is the policy of this state to ensure that all customers are protected from the unauthorized switching of a telecommunications utility selected by the customer to provide telecommunications service. Added by Acts 1999, 76th Leg., ch. 1212, Sec. 22, e…

Sec. 55.302. COMMISSION RULES. (a) The commission shall adopt nondiscriminatory and competitively neutral rules to implement this subchapter, including rules that: (1) ensure that customers are protected from deceptive practices in the obtaining of authorizations and verification…

Sec. 55.303. VERIFICATION OF CHANGE. A telecommunications utility may verify a change order by: (1) obtaining written authorization from the customer; (2) obtaining a toll-free electronic authorization placed from the telephone number that is the subject of the change order; or (…

Sec. 55.304. UNAUTHORIZED CHANGE. (a) If a change in the selection of a customer's telecommunications utility is not made or verified in accordance with this subchapter, the change, on request by the customer, shall be reversed within a period established by commission ruling. (b…

Sec. 55.305. CORRECTIVE ACTION AND PENALTIES. (a) If the commission finds that a telecommunications utility has repeatedly violated the commission's telecommunications utility selection rules, the commission shall order the utility to take corrective action as necessary. In addit…

Sec. 55.306. REPEATED AND RECKLESS VIOLATION. If the commission finds that a telecommunications utility has repeatedly and recklessly violated the commission's telecommunications utility selection rules, the commission may, if consistent with the public interest, suspend, restric…

Sec. 55.307. DECEPTIVE OR FRAUDULENT PRACTICE. The commission may prohibit a utility from engaging in a deceptive or fraudulent practice, including a marketing practice, involving the selection of a customer's telecommunications utility. The commission may define deceptive and fr…

Sec. 55.308. CONSISTENCY WITH FEDERAL LAW. Notwithstanding any other provision of this subchapter, rules adopted by the commission under this subchapter shall be consistent with applicable federal laws and rules. Added by Acts 1999, 76th Leg., ch. 1212, Sec. 22, eff. Sept. 1, 199…