Tex. Utilities Code § 52.055: HEARING TO DETERMINE LEVEL OF COMPETITION.

In determining the level of competition in a specific market or submarket, the commission shall hold an evidentiary hearing to consider:

(1) the number and size of telecommunications utilities or other persons providing the same, equivalent, or substitutable service;

(2) the extent to which the same, equivalent, or substitutable service is available;

(3) the ability of a customer to obtain the same, equivalent, or substitutable service at comparable rates and terms;

(4) the ability of a telecommunications utility or other person to make the same, equivalent, or substitutable service readily available at comparable rates and terms;

(5) the existence of a significant barrier to the entry or exit of a provider of the service; and

(6) other relevant information the commission determines is appropriate.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.