Cities of Austin v. Southwestern Bell Telephone Co.

92 S.W.3d 434, 45 Tex. Sup. Ct. J. 767, 2002 Tex. LEXIS 74, 2002 WL 1205185
CourtTexas Supreme Court
DecidedJune 6, 2002
Docket01-0086
StatusPublished
Cited by199 cases

This text of 92 S.W.3d 434 (Cities of Austin v. Southwestern Bell Telephone Co.) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cities of Austin v. Southwestern Bell Telephone Co., 92 S.W.3d 434, 45 Tex. Sup. Ct. J. 767, 2002 Tex. LEXIS 74, 2002 WL 1205185 (Tex. 2002).

Opinion

Justice ENOCH

delivered the opinion of the Court.

In 1995, the Texas Legislature amended the Public Utility Regulatory Act (PURA) to introduce incentive regulation as an alternative to the traditional rate-of-return scheme for setting telephone rates. 1 Under incentive regulation, a telephone company must cap its rates for basic network services, set according to previously-established rate groups. 2 The rate cap is subject to certain statutory exceptions, including one providing that the Public Utility Commission of Texas (PUC) “shall allow a rate group reclassification that results from access line growth.” 3

Under that exception, Southwestern Bell Telephone Company sought to reclassify several exchanges into higher rate groups. The PUC, instead of reclassifying some of those exchanges, raised the upper boundaries of the respective rate groups, thus leaving the exchanges in the original rate groups and effectively negating much of Southwestern Bell’s anticipated revenue growth. The court of appeals held that the PUC was required to reclassify Southwestern Bell’s exchanges into higher rate groups if Southwestern Bell established appropriate access fine growth, and the PUC could not circumvent that requirement by adjusting rate-group boundaries. 4 We agree with the court of appeals and affirm its judgment.

I. THE REGULATORY FRAMEWORK

A. Rate Setting Before Incentive Regulation

Traditionally, the PUC set telephone company rates for basic network services in ratemaking proceedings using rate-of-return principles. 5 The PUC determined what revenue the telephone company needed to recover a reasonable return on its investment, in addition to its reasonable and necessary expenses. 6 This process involved “rate design” in which the PUC distributed the company’s revenue requirements among the various services it offered. 7 The PUC set rates by allocating a company’s costs among ratepayer classes. 8

In a 1976 proceeding using these principles, the PUC adopted a system of rate-group classifications for Southwestern Bell. The PUC divided Southwestern Bell’s exchanges into ten rate groups. The PUC classified Southwestern Bell’s rate groups according to the number of working telephone lines in each exchange. Rates progressively increased from smaller to larger rate groups, so that customers in exchanges with fewer telephone fines paid less than customers in exchanges with more telephone lines. This pricing structure recognized the value-of-service concept: callers in an exchange with a larger *438 number of phone lines could reach more telephones without paying long distance charges than callers in a smaller exchange.

Over the years, as a part of its rate-setting process, the PUC periodically adjusted the number and boundaries of Southwestern Bell’s rate groups to prevent exchanges with significantly different numbers of telephone lines from being placed in the same rate group. The PUC last made boundary adjustments to Southwestern Bell’s rate groups in 1983, assigning Southwestern Bell eight rate groups instead of ten. The PUC also periodically moved Southwestern Bell’s exchanges into different rate groups based on access line growth. The PUC last reclassified Southwestern Bell exchanges into different rate groups based on access line growth in 1990.

B. Incentive Regulation

1. The 1995 pre-codified version

On September 1, 1995, Southwestern Bell elected to participate in the Legislature’s newly created incentive regulation. At that time, PURA section 3.352(d) provided that an electing company was “not under any circumstances ... subject to any complaint, hearing, or determination as to the reasonableness of its rates, its overall revenues, its return on invested capital, or its net income.” 9 In return, section 3.352(a) required that an electing company commit to making certain infrastructure improvements and to capping its rates for basic network services for a specified time period. 10

Section 3.353 provided exceptions to section 3.352(a)’s rate cap for: (1) certain changes in Federal Communications Commission (FCC) separations affecting intrastate net income; 11 (2) having less than five million access lines in the state; 12 and (3) rate group reclassification based on access line growth. 13 The exception for rate-group reclassification, contained in section 3.353(c)(4), stated:

Notwithstanding the commitments made under Section 3.352 of this Act, a rate group reclassification occurring as a result of access lines growth shall be allowed by the commission on request of the electing company. 14

Section 3.354(c) required the PUC to review any rates adjusted based on access line growth “to ensure that the proposed adjustment conforms to the requirements of Section 3.353(c) of this Act.” 15 Section *439 3.354(e) allowed the PUC, after review, to “issue an order approving, modifying, or rejecting the rate adjustment,” depending on whether it was “in compliance with the applicable provisions.” 16

Section 3.353(d)(1) discussed generally “the regulation of basic network services of an electing company.” 17 It directed that, “to the extent not inconsistent with this subtitle,” such regulation be governed by sections 3.202 and 3.215, among other general rate-making provisions. 18 Section 3.202 required the PUC to ensure that all public utility rates were just and reasonable:

It shall be the duty of the commission to insure that every rate made, demanded, or received by any public utility ... shall be just and reasonable. Rates may not be unreasonably preferential, prejudicial, or discriminatory, but shall be sufficient, equitable, and consistent in application to each class of consumers. 19

Section 3.215 similarly prohibited a public utility from establishing any unreasonable differences as to service rates between localities:

A public utility may not, as to rates or services, make or grant any unreasonable preference or advantage to any corporation or person within any elassi-fication or subject any corporation or person within any classification to any unreasonable prejudice or disadvantage.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Untitled Texas Attorney General Opinion: KP-0497
Texas Attorney General Reports, 2025
City of Anahuac v. Morris
484 S.W.3d 176 (Court of Appeals of Texas, 2015)
Sylvester v. Texas Ass'n of Business
453 S.W.3d 519 (Court of Appeals of Texas, 2014)
In re the Expunction of D.W.H.
458 S.W.3d 99 (Court of Appeals of Texas, 2014)
Bastrop Central Appraisal District v. Acme Brick Company
428 S.W.3d 911 (Court of Appeals of Texas, 2014)
State Agencies & Institutions of Higher Education v. Railroad Commission
421 S.W.3d 690 (Court of Appeals of Texas, 2014)
Foreman v. Whitty
392 S.W.3d 265 (Court of Appeals of Texas, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
92 S.W.3d 434, 45 Tex. Sup. Ct. J. 767, 2002 Tex. LEXIS 74, 2002 WL 1205185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cities-of-austin-v-southwestern-bell-telephone-co-tex-2002.