(a) The commission may reclassify a basic network service as a nonbasic service.
(b) The commission shall establish criteria for determining whether a service should be reclassified. The criteria must include consideration of the:
(1) availability of the service from other providers;
(2) effect of the reclassification on service subscribers; and
(3) nature of the service.
(c) The commission may not reclassify a service until:
(1) each competitive safeguard prescribed by Subchapters B-H, Chapter 60, is fully implemented; or
(2) for a company that serves more than five million access lines in this state, the date on which the Federal Communications Commission determines in accordance with 47 U.S.C. § 271 that the company or any of its affiliates may enter the interLATA telecommunications market in this state.
(d) The commission may reclassify a service subject to the following conditions:
(1) the electing company must file a request for a service reclassification including information sufficient for the commission to perform a review and evaluation under Subsection (b);
(2) the commission must grant or deny the request not later than the 60th day after the date the electing company files the request for service reclassification; and
(3) there is a rebuttable presumption that the request for service reclassification by the electing company should be granted if the commission finds that there is a competitive alternative provider serving customers through means other than total service resale.