(a) Purpose. This section standardizes access line reports and implements enforcement procedures relating to quarterly reporting.
(b) Application. The section applies to all certificated telecommunications providers (CTPs) operating in municipalities in the State of Texas.
(c) Definition. The following words and terms, when used in this section, shall have the following meaning unless the context clearly indicates otherwise:
(1) Certificated telecommunications provider (CTP)--As defined under Local Government Code §283.002.
(2) Municipal Access Line Reporting System (MARS)--An Internet Web application designed for the reporting of quarterly access line counts.
(3) Exemption--As defined in §26.465(h) of this title (relating to Methodology for Counting Access Lines and Reporting Requirements for Certificated Telecommunications Providers).
(d) Reporting procedures. All CTPs shall file the Quarterly Access Line Reports as required under §26.467 of this title electronically using the MARS, unless the CTP is fully exempt as defined in subsection (c)(3)(A) of this section.
(1) CTPs with municipal access lines. CTPs shall file all access lines by municipality pursuant to §26.467(k)(3) of this title.
(2) CTPs with no municipal access lines. CTPs with no access lines in the State of Texas shall file "Zero Access Lines in Texas."
(e) Exemption.
(1) All exempt CTPs. Both fully and partially exempt CTPs shall:
(2) All fully exempt CTPs. All fully exempt CTPs shall:
(f) Failure to comply. Failure to comply with subsection (d) of this section is subject to administrative penalties pursuant to §22.246 of this title (relating to Administrative Penalties). Instances of noncompliance include, but are not limited to:
(1) failure to report;
(2) untimely reporting; and
(3) inaccurate reporting.
(g) Factors to consider in imposing penalties. Failures to comply, as delineated in subsection (f) of this section, are subject to administrative penalties, procedures, and factors set forth in §22.246 of this title. In assessing the administrative penalties, the commission shall take into consideration additional factors which include, but are not limited to:
(1) impact of inaccurate or delayed reporting on municipalities;
(2) the number of days the report was filed late; and
(3) history of previous violations.
Source Note: The provisions of this §26.468 adopted to be effective August 5, 2002, 27 TexReg 6847