Title UT, Utilities Code

Sec. 55.081. DEFINITION. In this subchapter, "operator service" means a service using live operator or automated operator functions to handle telephone service such as toll calling using collect, third-number billing, and calling card services. The term does not include a call fo…

Sec. 55.082. APPLICABILITY. Except as provided by Section 55.088, this subchapter applies only to a telecommunications utility that is not a dominant carrier. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 55.083. RULES AND PROCEDURES. (a) The commission may adopt rules and establish procedures to enforce and implement this subchapter. (b) A rule adopted under this subchapter must be nondiscriminatory and designed to promote competition that facilitates consumer choice. Acts 1…

Sec. 55.084. INFORMATION DISPLAYED ON PUBLIC USE TELEPHONE. (a) An operator service provider shall furnish each entity with which it contracts to provide operator service a sticker, card, or other form of information approved by the commission for each telephone that: (1) has acc…

Sec. 55.085. CONNECTION ANNOUNCEMENT. Before connecting a call, the operator service provider shall: (1) announce the provider's name; and (2) at the caller's request, quote the rate and any other fee or surcharge that applies to the call and is charged by the provider. Acts 1997…

Sec. 55.086. INFORMATION REQUIRED ON ACCESS TO LOCAL EXCHANGE COMPANY OPERATOR. (a) An operator service provider, on a caller's request, shall inform the caller of the method of access to the local exchange carrier operator serving the exchange from which the call is made. (b) A …

Sec. 55.087. ACCESS TO LOCAL EXCHANGE COMPANY AND OTHER UTILITIES REQUIRED. (a) The commission by rule shall require an operator service provider to include in its contract with each entity through which it provides operator service a provision that requires each telephone subscr…

Sec. 55.088. ACCESS TO LIVE OPERATOR REQUIRED. (a) A dominant or nondominant telecommunications utility that provides operator service shall ensure that a caller has access to a live operator at the beginning of a live or mechanized operator-assisted call through a method designe…

Sec. 55.089. COMMISSION MAY INVESTIGATE AND ACT ON VIOLATION. (a) If the commission determines that an operator service provider has violated or is about to violate this subchapter, the commission, after notice and evidentiary hearing, may take action to stop, correct, or prevent…

Sec. 55.101. DEFINITIONS. In this subchapter: (1) "Caller identification information" means any information that may be used to identify the specific originating number or originating location of a wire or electronic communication transmitted by a telephone, including the telepho…

Sec. 55.102. APPLICABILITY. (a) This subchapter applies only to the provision of caller identification service. (b) This subchapter does not apply to: (1) an identification service that is used in a limited system, including a central office based PBX-type system; (2) information…

Sec. 55.103. PROVISION OF SERVICE. (a) A telecommunications utility may offer caller identification services under this subchapter only if the utility obtains written authorization from the commission. (b) A commercial mobile service provider may offer caller identification servi…

Sec. 55.104. USE OF INFORMATION. (a) A person may not use a caller identification service to compile and sell specific local call information without the affirmative approval of the originating telephone customer. (b) This section does not prohibit a provider of caller identifica…

Sec. 55.105. PER-CALL BLOCKING. Except as provided by Section 55.1065, the commission shall require that a provider of caller identification service offer free per-call blocking to each telephone subscriber in the specific area in which the service is offered. Acts 1997, 75th Leg…

Sec. 55.106. PER-LINE BLOCKING. (a) Except as provided by Section 55.1065, the commission shall require that a provider of caller identification service offer free per-line blocking to a particular customer if the commission receives from the customer written certification that t…

Sec. 55.107. LIMITATION ON COMMISSION AUTHORITY. The commission may prescribe in relation to blocking only a requirement authorized by Sections 55.105, 55.106, and 55.1065. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18…

Sec. 55.109. IMPLEMENTATION OF PANEL RECOMMENDATIONS. The commission may implement the recommendations of the Caller ID Consumer Education Panel and interested parties to the extent consistent with the public interest. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 55.110. REPORT OF BLOCKING FAILURE. (a) A provider of caller ID services who becomes aware of the failure of per-call or per-line blocking to block identification of a customer shall report that failure to the commission, the Caller ID Consumer Education Panel, and the custo…

Sec. 55.121. DEFINITIONS. In this subchapter: (1) "Automated dial announcing device" means automated equipment used for telephone solicitation or collection that can: (A) store telephone numbers to be called or produce numbers to be called through use of a random or sequential nu…

Sec. 55.122. EXEMPTIONS. This subchapter does not apply to the use of an automated dial announcing device: (1) to make a call relating to an emergency or a public service under a program developed or approved by the emergency management coordinator of the county in which the call…

Sec. 55.1225. APPLICABILITY. This subchapter applies to an automated dial announcing device used to make a telephone call that originates or terminates in this state. Added by Acts 2013, 83rd Leg., R.S., Ch. 600 (S.B. 1040), Sec. 3, eff. September 1, 2013.

Sec. 55.123. NOTICE OF USE OF DEVICE TO TELECOMMUNICATIONS UTILITY. 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 gives to each telecommunications u…

Sec. 55.124. RANDOM OR SEQUENTIAL NUMBER CALLING. A person may not use an automated dial announcing device for random number dialing or to dial numbers determined by successively increasing or decreasing integers if the person uses the device to make a telephone call in which the…

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…