Sec. 52.110. BURDEN OF PROOF. (a) In a proceeding before the commission in which it is alleged that a telecommunications utility engaged in conduct in violation of Section 52.107, 52.108, 52.109, or 52.112, the burden of proof is on:
(1) a telecommunications utility complaining of conduct committed against it in violation of this subchapter; or
(2) except as provided by Subsection (b), the responding telecommunications utility if the proceedings are:
(A) brought by a customer or customer representative who is not a telecommunications utility; or
(B) initiated by the commission.
(b) The commission may impose the burden of proof on the complaining party in a proceeding described by Subsection (a)(2) if the commission determines that placing the burden of proof on the complaining party is in the public interest.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 11, eff. Sept. 1, 1999.
Structure Texas Statutes
Title 2 - Public Utility Regulatory Act
Subtitle C - Telecommunications Utilities
Chapter 52 - Commission Jurisdiction
Subchapter C. Telecommunications Utilities That Are Not Dominant Carriers
Section 52.102. Limited Regulatory Authority
Section 52.103. Registration Required
Section 52.1035. Renewal of Certain Certificates
Section 52.104. Commission May Investigate
Section 52.105. Access to Certain Services Required
Section 52.106. Quality of Service Required
Section 52.107. Predatory Pricing
Section 52.108. Other Prohibited Practices
Section 52.109. Availability of Service
Section 52.110. Burden of Proof