Header:
TEXAS ADMINISTRATIVE CODE
TITLE 16. ECONOMIC REGULATION
PART 2. PUBLIC UTILITY COMMISSION OF TEXAS
CHAPTER 26. SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
SUBCHAPTER F. REGULATION OF TELECOMMUNICATIONS SERVICE
Date:
08/31/2009
Document:
16 TAC § 26.128 (2011)
§ 26.128. Telephone Directories
(a) Applicability. The provisions of this section shall apply to all telephone directory providers to the extent outlined in this section. For purposes of this section, the term "a private for-profit publisher" shall mean a publisher, other than a telecommunications utility or its affiliate, of a telephone directory that contains residential listings and that is distributed to the public at minimal or no cost.
(b) Telephone directory requirements for all providers. Any private for-profit publisher and any telecommunications utility or its affiliate that publishes a residential telephone directory shall comply with the following requirements:
(1) A telephone directory shall contain a listing of each toll-free and local telephone number for each of the following:
(A) state agencies;
(B) state public services; and
(C) elected state officials who represent all or part of the geographical area for which the directory contains listings.
(2) The directory shall include the information required in paragraph (1) of this subsection from the most current edition of the State of Texas Telephone Directory prepared and issued by the General Services Commission of the State of Texas and those modifications to the State of Texas Telephone Directory that are available upon request from the General Services Commission of Texas.
(3) All publishers shall contact the General Services Commission of Texas in writing to determine which issue of the State of Texas Telephone Directory is most current and to obtain the modifications referred to in paragraph (2) of this subsection. The General Services Commission shall respond within 30 days of receiving the request.
(4) The listings required by paragraph (1) of this subsection:
(A) may be located at the front of the directory or, if not located at the front of the directory, shall be referenced clearly on the inside page of the cover or on the first page following the cover before the main listing of residential and business telephone numbers;
(B) shall be labeled "GOVERNMENT OFFICES - STATE" in 24 point type;
(C) shall be bordered or shaded in such a way (on the three unbound sides with a border) that will distinguish the state listings from the other listings;
(D) shall be included in the directory at no cost to the agency or official;
(E) shall be in compliance with the categorization developed by the Records Management Interagency Coordinating Council. The categorization shall be available upon request from the General Services Commission. The listings shall be arranged in two ways:
(i) alphabetically by subject matter of state agencies; and
(ii) alphabetically by agency and public service name;
(F) shall include the telephone number for state government information: (512) 463-4630.
(c) Private for-profit publisher. Any private for-profit publisher that publishes a residential telephone directory shall include in the directory a prominently displayed toll-free number and Internet mail address, established by the commission, through which a person may order a form to request to be placed on the Texas no-call list in order to avoid unwanted telemarketing calls.
(d) Additional requirement for telecommunications utilities or affiliates that publish telephone directories.
(1) A telecommunications utility or an affiliate of that utility that publishes a business telephone directory that is distributed to the public shall publish a listing of each toll-free and local telephone number of each elected official who represents all or part of the geographical area for which the directory contains listings.
(2) A telecommunications utility or an affiliate of that utility that publishes and causes to be distributed to the public a residential or business telephone directory shall prominently list in the directory the following information: "The Specialized Telecommunications Assistance Program (STAP) provides financial assistance to help Texas residents with disabilities purchase basic specialized equipment or services needed to access the telephone network. For more information, contact the Texas Commission for the Deaf and Hard of Hearing at 512-407-3250 (Voice) or 512-407-3251 (TTY) or www.tcdhh.state.tx.us. This program is open to all individuals who are residents of Texas and have a disability."
(e) Requirements for telecommunications utilities found to be dominant. This subsection applies to any telecommunications utility found to be dominant as to local exchange telephone service or its affiliate that publishes a directory on behalf of such telecommunications utility.
(1) Annual publication. Telephone directories shall be published annually. Except for customers who request that information be unlisted, directories shall list the names, addresses, and telephone numbers of all customers receiving local phone service, including customers of other certificated telecommunications utilities (CTUs) in the geographic area covered by that directory. Numbers of pay telephones need not be listed.
(2) Distribution. Upon issuance, a copy of each directory shall be distributed at no charge for each customer access line served by the telecommunications utility in the geographic area covered by that directory and, if requested, one extra copy per customer access line shall be provided at no charge. A telecommunications utility shall also distribute copies of directories pursuant to any agreement reached with another CTU. A copy of each directory shall be furnished to the commission.
(3) Front cover requirements. The name of the telecommunications utility, an indication of the area included in the directory, and the month and the year of issue shall appear on the front cover. Information pertaining to emergency calls such as for the police and fire departments shall appear conspicuously in the front part of the directory pages.
(4) Required instructions. The directory shall contain instructions concerning:
(A) placing local and long distance calls on the network of the telecommunications utility for which the directory is issued;
(B) calls to the telecommunications utility's repair and directory assistance services, and locations; and
(C) telephone numbers of the business offices of the telecommunications utility as may be appropriate to the area served by the directory.
(5) Sample long distance rates. It shall also contain a section setting out sample long distance rates within the long distance service area, if any, on the network of the telecommunications utility for which the directory is issued, applicable at the time the directory is compiled for publication, with a clear statement that the published rates are effective as of the date of compilation.
(6) Customer addresses. At the customer's option the directory shall list either the customer's street address, a post office box number, or no address. A charge can be imposed upon those customers who desire more than one address listing.
(f) References to other sections relating to directory notification. The requirements of this section are in addition to the requirements referenced in paragraphs (1) through (6) of this subsection, or any other applicable section in this title. The applicability of each of the sections referenced in paragraphs (1) through (6) of this subsection is unaffected by the inclusion of the reference in this subsection.
(1) Section 26.29 of this title (relating to Prepaid Local Telephone Service (PLTS)) concerning consumer education;
(2) Section 26.31 of this title (relating to Disclosures to Applicants and Customers) concerning information to customers;
(3) Section 26.121 of this title (relating to Privacy Issues) concerning notice of number delivery over 800, 888, and other toll-free prefixes and 900 services;
(4) Section 26.122 of this title (relating to Customer Proprietary Network Information) concerning notification;
(5) Section 26.126 of this title (relating to Telephone Solicitation) concerning responsibility of LECs;
(6) Section 26.130 of this title (relating to Selection of Telecommunications Utilities) concerning notice of customer rights.
(g) Additional requirements. The following requirements apply to telecommunications utilities found to be dominant as to local exchange telephone service or its affiliate that publishes a directory on behalf of such telecommunications utility.
(1) Directory assistance. Each telecommunications utility shall list each customer with its directory assistance within 72 hours after service connection (except those numbers excluded from listing in subsection (e)(1) of this section) in order that the directory assistance operators can provide the requested telephone numbers based on customer names and addresses.
(2) Non-assigned numbers. All non-assigned telephone numbers in central offices serving more than 300 customer access lines shall be intercepted unless otherwise approved by the commission.
(3) Disconnected numbers. Disconnected residence telephone numbers shall not be reassigned for 30 days and disconnected business numbers shall not be reassigned, unless requested by the customer, for 30 days or the life of the directory, whichever is longer, unless no other numbers are available to provide service to new customers.
(4) Incorrect listings. If a customer's number is incorrectly listed in the directory and if the incorrect number is a working number and if the customer to whom the incorrect number is assigned requests, the number of the customer to whom the incorrect number is assigned shall be changed at no charge. If the incorrect number is not a working number and is a usable number, the customer's number shall be changed to the listed number at no charge if requested.
(5) Changing telephone numbers to a group of customers. When additions or changes in plant or changes to any other CTU's operations necessitate changing telephone numbers to a group of customers, at least 30 days' written notice shall be given to all customers so affected even though the addition or changes may be coincident with a directory issue.
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