Texas Register
and reply comments within 15 days
thereafter to James D. Goerke, Executive Director, Advisory Commission on
State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin,
Texas 78701, (512) 305-6911.
The sections are proposed under Health and Safety Code, Chapter
771, §§771.051, 771.055, 771.056, 771.059, which provide the Advisory
Commission on State Emergency Communications with the authority to administer
the implementation of statewide 9-1-1 service, to develop minimum performance
standards for 9-1-1 service to be followed in developing regional plans,
and to allocate money for the operation of 9-1-1 service.
Health and Safety Code, Chapter 771 is affected by these proposed sections.
§251.2.Guidelines for Changing or Extending 9-1-1 Service Arrangements.
(a)
Definitions. When used in this rule, the following words
and terms shall have the meanings identified in paragraphs (1)-(5) of this
subsection, unless the context of the word or term clearly indicates otherwise.
(1)
Automatic Number Identification (ANI) -- A system which
permits the identification of the caller's telephone number. For purposes
of this rule, the term has the same meaning as in 47 C.F.R §20.18.
(2)
Emergency Communications District -- A public agency
or group of public agencies acting jointly that provided 9-1-1 service before
September 1, 1987, or that had voted or contracted before that date to provide
that service; or a district created under Texas Health and Safety Code, Chapter
772, Subchapters B, C, D, or E.
(3)
Pseudo Automatic Number Identification (Pseudo ANI)
-- A system which identifies the location of the base station or cell site
through which a mobile call originates. For purposes of this rule, the term
has the same meaning as in 47 C.F.R §20.18.
(4)
Regional Plan -- A plan for the establishment and
operation of 9-1-1 service throughout the region that regional planning commissions
serves. The plan must meet the standards established by and be amended in
accordance with the standards established by the Advisory Commission on State
Emergency Communications.
(5)
Regional Planning Commission -- A commission established
under Local Government Code, Chapter 391, also referred to as a regional
council of governments (COG).
(b)
Policy and Procedures. As authorized by Health and Safety
Code, Chapter 771, the Advisory Commission on State Emergency Communications
(ACSEC) may impose 9-1-1 emergency service fees and equalization surcharges
to support the planning, development, and provision of 9-1-1 service throughout
the State of Texas. ACSEC is responsible for administering the implementation
of statewide 9-1-1 service. ACSEC is also responsible for minimum performance
standards for the operation of 9-1-1 service to be followed in developing
regional plans. One of the most fundamental components of any 9-1-1 service
operation and any regional plan is how the 9-1-1 service will be provided
by the service provider(s) directly connecting to the Public Safety Answering
Point (PSAP). Changing the tandem and/or database service arrangements for
direct connection to the PSAP, adding additional tandem and/or database service
providers, or extending current service arrangements for a fixed period may
potentially adversely effect the level, quality, and costs of 9-1-1 service.
Changing the tandem and/or database service arrangements for direct connection
to the PSAP, adding additional tandem and/or database service providers,
or extending current service arrangements for a fixed period may also potentially
adversely effect other service providers that rely on another service provider
for interconnection to the PSAP (e.g., other service providers need to know
which provider to send Automatic Number Identification (ANI) information
and Automatic Location Information (ALI) records, the format for ALI records,
the procedures for modifying 9-1-1 database information, and how 9-1-1 service
will be provided to their end-user customers). It is the policy of ACSEC
that the highest level of 9-1-1 emergency service continue to be provided
notwithstanding the new competitive telecommunications environment. Therefore,
any agreement by a regional planning commission with a service provider to
change or to extend 9-1-1 service arrangements for a fixed period must be
made contingent upon final approval of a regional plan amendment. For emergency
communication districts requesting 9-1-1 funds in accordance with established
rules and procedures for 9-1-1 service arrangements, the extent to which
the guidelines below are satisfied may be considered in allocating equalization
surcharges.
(c)
Guidelines.
(1)
Changes or extensions of 9-1-1 service arrangements must
include the following:
(A)
The service provider making the proposal to the regional
planning commission or emergency communications district verifies in writing,
as part of the proposed agreement, that:
(i)
Reasonable notice of the proposal (i.e., at least ten days
before a joint planning meeting) has been provided to the current service
provider (if a change in service providers is involved) and to other potentially
affected service providers. The service provider also verifies that at least
one joint planning meeting occurred with at least ten days notice to all
affected service providers that they may participate in the joint planning
meeting.
(ii)
As a result of the joint planning meeting either each
technical issue, or objection by other service providers has fully been resolved
or an impartial statement of each unresolved issue or objection has been
provided. (A joint planning meeting is open to evaluate all alternatives
and is not limited to a discussion of one service provider's proposal.)
(iii)
An inventory of each affected exchange, central office,
and tandem has been provided to all affected service providers involved.
(iv)
An itemization of all costs under the proposal and an
itemized comparison with all costs under current rates (e.g., itemized list
and comparison of all charges for each level of service, for all database
service, etc.).
(v)
Any and all changes in E9-1-1 or 9-1-1 service features
(i.e., all additional service features or reductions in service features
that may result from the proposal) must be clearly specified. The service
provider must also explain the justifications for any and all changes and
why those changes do not degrade the level of 9-1-1 service and are consistent
with providing the highest level of 9-1-1 service to all customers.
(vi)
The service provider takes full responsibility to professionally
and timely coordinate all 9-1-1 service changes and modifications with all
service providers and private switch providers involved in the geographic
area, and that any necessary new or modified interconnection agreements relating
to 9-1-1 service will be approved by the Public Utility Commission of Texas
before the effective date of the proposed agreement and as necessary thereafter.
(vii)
The proposal includes a statement of work to be performed
that includes:
(I)
an implementation schedule;
(II)
diagrams of all proposed changes;
(III)
how testing will occur and be coordinated;
(IV)
how interfaces with other service providers will be accomplished
and coordinated;
(V)
an explanation of everything necessary for implementation;
(VI)
a schedule of everything necessary for database service
implementation, including Emergency Service Number (ESNs) assignments and
Master Street Address Guide (MSAG) revisions and distribution to other service
providers; and
(VII)
an explanation of any potential Customer Premises Equipment
(CPE) impacts.
(viii)
The proposal provides for service providers that are
wireless carriers to be able to pass ANI and Pseudo ANI or that on request
any modifications necessary to pass ANI and Pseudo ANI by the Federal Communications
Commission's eighteen month deadline in 47 C.F.R §20.18(d) will not
require additional rates or charges to any PSAP, 9-1-1 entity, or any wireless
carrier.
(ix)
The proposal provides for and enables long-term number
portability or that any modifications necessary for long-term number portability
will not require additional rates or charges to any PSAP or 9-1-1 entity.
(x)
The proposal provides that there will be no additional
costs to any PSAP or 9-1-1 entity for any modifications necessary during
the period of the agreement because of Number Plan Area (NPA) splits and/or
existing tandem or other network limitations.
(xi)
The proposal provides that there will be no additional
costs to any PSAP or 9-1-1 entity to maintain the current level of E9-1-1
service, except as specifically set forth in an itemized list that is part
of the proposed agreement.
(xii)
No further agreement by the regional planning commission
is necessary to implement the proposal (e.g., the service provider and not
the regional planning commission is responsible for any and all coordination
with other parties or service providers that may be necessary to implement
the proposal).
(xiii)
A most favored nation provision (i.e. a provision that
requires the best price provided to any other entity in Texas for comparable
service) is included in the agreement and the service provider will automatically
reduce the rates and charges in the agreement if comparable service is offered
in Texas at a lower rate or charge by that service provider to any other
PSAP or 9-1-1 entity.
(xiv)
The service provider will comply with all ACSEC and Public
Utility Commission of Texas rules or regulations relating to 9-1-1 service.
(B)
The regional planning commission requesting the plan amendment
verifies in writing, as part of the proposed plan amendment, that:
(i)
Competitive procurement procedures were used or an explanation
of the applicability of an exception to competitive procurement requirements.
(ii)
All neighboring or adjacent 9-1-1 entities that could
potentially be affected by the requested plan amendment have been provided
a copy of the plan amendment either before or concurrently with the filing
of the plan amendment with the ACSEC.
(2)
Emergency communication districts requesting
9-1-1 funds in accordance with established rules and procedures for 9-1-1
service arrangements shall ensure that any changes or extensions of service
arrangements meet or exceed the guidelines for regional planning commissions
in this section.
(3)
Annual budgeted costs associated with 9-1-1 service
arrangements shall be monitored by the ACSEC staff for consistency with this
section. Such costs that are determined by the ACSEC staff to not be consistent
with this section shall be reviewed by the commission.
§251.6.Guidelines for Strategic Plans, Amendments, and Equalization Surcharge Allocation .
(a)-(e)
(No change.)
(f)
Funding Parameters. The Commission will look favorably
on plan amendments for
tandem and/or database service
arrangements and
ancillary equipment that will improve the effectiveness
and reliability of 9-1-1 call delivery systems. This will include the following
when the equipment is for 9-1-1 call delivery: surge protection devices,
uninterrupted power source (UPS), power backup, voice recorders, paging systems
for 9-1-1 call delivery, security devices, and other backup communication
services.
(1)-(2)
(No change.)
(g)-(h)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 27, 1996.
TRD-9618661
James D. Goerke
Executive Director
Advisory Commission on State Emergency Communications
Earliest possible date of adoption: February 7, 1997
For further information, please call: (512) 305-6911