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Texas Statutes (Last Updated: January 4, 2014) |
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UTILITIES CODE |
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Title 2. PUBLIC UTILITY REGULATORY ACT |
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Subtitle C. TELECOMMUNICATIONS UTILITIES |
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Chapter 52. COMMISSION JURISDICTION |
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Subchapter C. TELECOMMUNICATIONS UTILITIES THAT ARE NOT DOMINANT CARRIERS |
Sec. 52.110. BURDEN OF PROOF
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(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.