1. (a) Purpose. This section establishes three competitively neutral, non-discriminatory categories of access lines for statewide use in establishing a uniform method for compensating municipalities for the use of a public right-of-way by certificated telecommunications providers (CTPs).
2. (b) Application. The provisions of this section apply to CTPs, as defined by subsection (c)(2) of this section, and to municipalities in the State of Texas.

3. (c) Definitions. The following words and terms when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise.

   1. (1) Access lines--As defined in Local Government Code §283.002(1).
   2. (2) Certificated telecommunications provider (CTP)--A person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the commission to offer local exchange telephone service.
   3. (3) Public right-of-way--The area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include the airways above a right-of-way with regard to wireless telecommunications.
   4. (4) Residential--Services provided at residential locations and primarily for residential (non-commercial) use. Definitions in the tariffs or price sheets of the provider, and the determinations made by provider for billing purposes shall control, unless the provider's definitions unreasonably depart from the general definition herein for purposes of avoidance of the payment of appropriate fees to the municipality.
   5. (5) Non-Residential--All other locations not served by a residential line.

4. (d) Access line categories. There shall be three categories of access lines. The three categories shall be as follows:

   1. (1) Category 1 shall include both analog and digital residential switched access lines. It shall also include point-to-point private lines, whether residential or non-residential, only to the extent such lines provide burglar alarm or other similar security services.
   2. (2) Category 2 shall include all analog and digital non-residential switched access lines.
   3. (3) Category 3 shall include all other point-to-point private lines, whether residential or non-residential, not otherwise included within category 1.

Source Note:The provisions of this §26.461 adopted to be effective November 17, 1999, 24 TexReg 10071.