SECTION 207.31. Telecommunications Services Billing

(a) Each telecommunications user shall be billed for its respective use of telecommunications goods and services on a monthly basis. Telecommunications users will be billed for the following:

(1) variable recurring costs for usage sensitive services;

(2) fixed recurring costs for non-usage sensitive services;

(3) telecommunications user's proportionate use of common telecommunications services, operational costs, administrative costs and/or equipment for said services provided to all or some users;

(4) telecommunications user's nonrecurring charges for any telecommunications services and/or equipment provided by the department;

(5) employee fringe benefits; and

(6) bill rate intervention.

(b) Each telecommunications user shall notify the department in writing within twenty-one (21) days of receipt of a billing of any errors in the bill, including all requests for additional time to research billing issues. All telecommunications user requests for additional time beyond the twenty-one (21) day period are subject to written approval by the Chief Financial Officer of the department, or designee. The notice must provide details as to the nature of the error and all information the user may have to assist in resolution of the error(s). All allegations of errors in bills must be based on a good-faith belief that the charges in question are not the responsibility of the user. Each telecommunications user shall make payment in the amount of the bill not found to be in error within thirty (30) days of receipt pursuant to the Prompt Payment Act, Chapter 2251, Government Code. Upon resolution of the alleged error(s), if the telecommunications user owes the department, the payment shall be paid within ten (10) days of the date of resolution. Upon resolution of the alleged error, if the billing was found to be in error, the department shall make a notation in the user's billing record and no further collection attempts shall be undertaken against the user.

(c) Any institution of higher education extending telecommunications service to students purchased through the department is responsible for payment directly to the department of the total charges billed within thirty (30) days of receipt, regardless of whether it is able to collect the student's contribution of the payment.

(d) In order to maintain sufficient amounts in the telecommunications revolving account to make timely payments to the telecommunications service providers, the department may require any telecommunications users to make advance payments based on 80% of the average of each user's prior three-month billing exclusive of charges described in subsection (a)(4) of this section. Advance payments which are not equal to the actual amount due for the subsequent payment period will be adjusted accordingly.

Source Note: The provisions of this §207.31 adopted to be effective March 4, 2013, 38 TexReg 1355