Sec. 65.154.  RATE AND PRICE REQUIREMENTS NOT APPLICABLE.  (a)  A transitioning company is not required to comply with the following requirements prescribed by this title on submission of a written notice to the commission:
(1)  a direct or indirect requirement to price a residential service at, above, or according to the long-run incremental cost of the service or to otherwise use long-run incremental cost in establishing prices for residential services; or
(2)  a requirement to file with the commission a long-run incremental cost study for residential or business services.
(b)  Notwithstanding Subsection (a), a transitioning company may not:
(1)  establish a retail rate, price, term, or condition that is anticompetitive or unreasonably preferential, prejudicial, or discriminatory;
(2)  establish a retail rate for a basic or non-basic service in a deregulated market that is subsidized either directly or indirectly by a basic or non-basic service provided in an exchange that is not deregulated; or
(3)  engage in predatory pricing or attempt to engage in predatory pricing.
(c)  A rate or price for a basic local telecommunications service is not anticompetitive, predatory, or unreasonably preferential, prejudicial, or discriminatory if the rate or price is equal to or greater than the rate or price in the transitioning company's tariff for that service in effect on the date the transitioning company submits notice to the commission under Subsection (a).
(d)  This section, including Subsection (a)(1), does not affect:
(1)  other law or legal standards governing predatory pricing or anticompetitive conduct; or
(2)  an infrastructure commitment under Chapter 58 or 59.
Added by Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 20, eff. January 2, 2012.