(a) An incumbent local exchange company may elect to make an infrastructure commitment and to be subject to corresponding regulation under this chapter if the company:
(1) serves less than five percent of the access lines in this state; and
(2) has not elected incentive regulation under Chapter 58.
(b) A company makes the election by notifying the commission in writing of the company’s election.

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Terms Used In Texas Utilities Code 59.021

  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011

(c) A company electing under this chapter may renew the election for successive two-year periods. An election that is renewed under this subsection remains in effect until the earlier of the date that:
(1) the election expires because it was not renewed;
(2) the commission allows the company to withdraw its election under Section 59.022; or
(3) the legislature eliminates the incentive regulation authorized by this chapter and Chapter 58.