16 TAC §26.127
The Public Utility Commission of Texas (commission) adopts
an amendment to §26.127, relating to Abbreviated Dialing Codes, with
changes to the proposed text as published in the November 3, 2000,
Texas Register
(25 Tex Reg 10863). The amendment is necessary to alleviate
congestion in 911 calling by providing a source to access information regarding
available community resources in circumstances involving immediate needs for
social services. In addition, the assignment will allow for better coordination
of a state network that provides local and state access points for health
and human-services information. This amendment was adopted under Project Number
22939.
Adoption of this amendment follows a petition for rulemaking, filed on
June 8, 2000, by the Texas Health and Human Services Commission (HHSC) on
behalf of the Texas Information and Referral Network. This petition requested
that the commission assign the 211 dialing code for use by the public to access
services providing free information and referrals with respect to community
resources. On July 21, 2000, in its Third Report and Order and Order on Reconsideration
(FCC 00-256/FCC 00-257), the Federal Communications Commission (FCC) announced
its decision to assign the 211 code for community information and referral
services and the 511 code for traffic and transportation information. At its
open meeting of August 10, 2000, based on the mandate given by the FCC and
the compelling reasons advanced by the petitioners, the commission agreed
to proceed with the rulemaking to amend §26.127.
A public hearing on the proposed amendment was held at commission offices
on January 9, 2001. Representatives from the following entities attended the
hearing: Southwestern Bell Telephone Company (SWBT), John Staurulakis Inc.,
General Services Commission (GSC), United Ways of Texas, Health and Human
Services Commission, Verizon Southwest, CCG Consulting, Texas Silver-Haired
Legislature, Government Connect, The Resource House, Texas Statewide Telephone
Cooperative, Inc., AT&T Communications of Texas L.P. (AT&T), Commission
on State Emergency Coordination, and the Office of the Attorney General. To
the extent that these comments differ from the submitted written comments,
such comments are summarized herein.
The commission received written comments on the proposed amendment from
the following individuals and organizations: Pat O'Brien of Dallas, Texas;
Literacy Volunteers of America; Community Council of the Rio Grande Valley,
Inc.; United Way of the Texas Gulf Coast; United Way of Brazoria County; BP
Amoco Corporation Chocolate Bayou Works, Alvin, Texas; The Women's Advocacy
Project, Inc., Austin, Texas; Tate Austin Public Relations; The ARC of the
Capital Area; Women's Haven of Tarrant County, Inc.; United Way of Southern
Cameron County; United Way/Capital Area; Nancy Lee of Longview, Texas; the
United Ways of Texas; Linda Castaria; Marta Nichols; United Way Greater Wichita
Falls; Dan L. Nicewander of Plano, Texas; Martha T. Blaine of Dallas, Texas;
East Texas Council on Alcoholism and Drug Abuse (ETCADA), Longview, Texas;
Brinks Home Security, Irving, Texas; Homer Hanna High School, Brownsville,
Texas; United Cerebral Palsy of Tarrant County; Joe R. Thompson of Fort Worth,
Texas; United Way of Metropolitan Tarrant County; Reba and Bob Ragsdale; Dallas
County Community Action Committee, Inc.; Lucretia Holmes of Plano, Texas;
Elizabeth Graham of Richardson, Texas; Community Action Network, Austin, Texas;
Lourdes S. Kilgore of Brownsville, Texas; Central Dallas Ministries; Timothy
W. McKinney of Forth Worth, Texas; Marilyn K. Self of Dallas, Texas; United
Way Brazos Valley; Nancy and Leonard Berry; Harry Green of College Station,
Texas; United Way of San Antonio & Bexar County; CarLinc Network, Waco,
Texas; Rio Grande Cancer Foundation; United Way of Tyler/Smith County; Jewish
Federation of Fort Worth and Tarrant County; SETON, Austin, Texas; United
Way of the Greater Fort Hood Area; United Way Corpus Christi; Literacy Council
of Tyler; Myriam Hubbard Palemer of Arlington, Texas; AIDS Outreach Center,
Tarrant County; Prevent Blindness Texas, El Paso, Texas; Texas Workforce Commission,
Austin, Texas; Marjory Boswell of Fort Worth, Texas; Brazos Valley Community
Action Agency, Bryan, Texas; LMSW; First Call for Help United Way; Carolina
Karn of Bryan, Texas; American Cancer Society, Austin, Texas; Visiting Nurse
Association of Houston, Inc.; Asian American Health Coalition, Houston, Texas;
Patricia F. Cheong of Colleyville, Texas; Career and Recovery Resources, Inc.,
Houston, Texas; Matagorda County United Way; Pamela J. Rooney; Cancer Care
Services, Fort Worth, Texas; Arlington Independent School District; Citizen
Advocate of Lubbock, Texas; United Way of Metropolitan Dallas; Charles A.
Ellison of College Station, Texas; B/CS Chamber of Commerce; Penny Zent; AT&T
SWBT; GSC; and two anonymous letter writers.
Virtually all of the above commenters voiced general support for the rule
and stated that the commission should adopt the proposed rule. None of the
commenters opposed the rule, though AT&T did not specifically endorse
it. Only AT&T and SWBT, which expressed general support for the rule,
filed written comments related to specific provisions of the rule.
Subsection (c)
SWBT indicated that this subsection would lead to confusion due to the
fact that all N11 codes are currently assigned.
The commission agrees with SWBT that this provision may cause confusion,
as with the adoption of this rule, all N11 codes in Texas have been assigned
and are therefore unavailable for internal business and testing purposes.
Accordingly, the commission deletes subsection (c) as proposed from the rule.
Subsection (e)(2) (now subsection (d)(2))
SWBT recommended that the commission provide specific parameters as to
what qualifies as "community resources" or "immediate needs for social services,"
lest the use of the 211 code become unmanageable. SWBT noted that such specifics
could be addressed as implementation issues.
The commission does not believe that either "community resources" or "immediate
needs for social services" needs modification. The commission believes that
sufficient clarity has been provided in the rule regarding the scope and purpose
for use of the 211 code. The commission believes that the rule as written
provides for maximum flexibility in determining appropriate health and human
services that fall under the rule and declines to create an exclusive list
for definitional purposes. The commission agrees with SWBT that certain specifics
may be appropriately addressed as implementation issues when solutions are
determined regarding how 211 service will be implemented.
Subsection(e)(6) (now subsection (d)(6))
Both AT&T and SWBT expressed concern that the published rule did not
provide for cost recovery by certificated telecommunications utilities (CTUs)
for the services they provide to 211 area information centers (AICs). SWBT
noted that the FCC, in directing the use of the codes, stated that the AICs
intend to provide the service free to end users; consequently, SWBT concluded,
"it is logical that they (AICs) assume the cost of providing the service."
Accordingly, SWBT said it expected to file tariffs for providing 211 service
to a state-authorized agency providing information and referral services similar
to the tariffs filed for providing non- emergency 311 service. In addition,
SWBT opined that if an agency requests the creation of a new database (as
using the 911 database is prohibited), the associated costs should be recovered
from the agency requesting the 211 service. Likewise, AT&T specifically
observed that the 211- service definition in the rule, providing for free
access by end users to 211 service, might be used by AICs to claim that AICs
should receive the underlying service free from CTUs. CTUs are entitled to
recover such costs, AT&T contended, just as in the provision of 911 services.
It recommended that the rule clarify this right for both 211 service and 511
service.
GSC recommended not putting additional language in the rule that might
constrain the decision made by the HHSC to use what may be the best method
possible for deploying a solution. GSC also argued that the competitive market
should drive the technological and cost- recovery aspects of the decisions.
In addition, GSC stated that the potential exists for possible additional
language being required only after the technical solution and cost-recovery
method are identified and selected by the HHSC.
The commission believes that by not mandating language that specifically
prohibits cost recovery, CTUs should be able to recover costs for implementing
service. The commission does not know of the specific technological solutions
that ultimately will be used to provision 211 service, and therefore does
not know what costs are appropriate for CTUs to recover. As a general matter,
however, the commission does not believe that the rule as written prohibits
cost recovery. The commission does believe that old subsection (e)(6) (now
subsection (d)(6)) should be clarified to make certain that, although CTUs
may appropriately recover costs for implementing 211 service, CTUs may not
charge an end-user a fee on a per-call or per-use basis for accessing the
211 system.
AT&T also raised the matters of access charges and reciprocal compensation
in connection with 211 and 511 calls. Such calls, AT&T asserted, are more
like 911 calls than standard POTS ("plain old telephone service") calls; therefore,
it continued, to the extent 911 calls are now and continue to be exempt from
reciprocal compensation, 211 and 511 calls should be as well. Likewise, AT&T
opined that access charges should not be applied to 211 or 511 calls to the
extent such calls must be routed in a way that normally would require the
application of access charges to POTS calls.
The commission finds that 211 service is akin to 311 or 911 service and
should be treated the same with respect to reciprocal compensation and access
charges. The commission agrees with AT&T that to the extent 911 calls
are exempt from reciprocal compensation and access charges, so too should
211 and 511 calls. The commission finds no reason in the record of this rulemaking
to treat specific N11 dialing codes differently. The commission does not believe
that any language in the rule is in conflict with this position, and therefore
makes no changes to the rule.
In a related vein, AT&T argued that the areas served by individual
AICs for 211 service (and their equivalents for 511 service) should be required
to correspond to existing rate centers and/or NPA-NXX codes. Otherwise, it
stated, implementation of the new dialing codes will impose undue burdens
on local exchange companies. Similarly, SWBT recommended that the rule include
a provision requiring the termination of 211 calls onto toll-free numbers
when calls are placed outside the local calling area. If such a requirement
is not included, SWBT stated, the rule may need to address how carriers should
handle 211 calls made outside the local area.
The commission believes that these issues are better addressed in the implementation
docket that is being scheduled to work with interested parties in developing
technology-neutral standards or solutions. The commission does not agree with
AT&T that the areas served by individual AICs should be required to correspond
to those of existing rate centers. Many factors are involved in the designation
of AICs that do not always translate into identical boundaries. Indeed, the
boundaries of AICs that have already been established do not as a general
matter correspond to existing rate centers. The commission is confident that
the industry will devise solutions for the most cost-effective way to implement
211 service, while maintaining the integrity of the AIC structure. In addition,
the commission agrees with SWBT that termination of 211 calls onto toll-free
numbers when calls are placed outside the local calling area is worthy of
consideration. However, the commission is reluctant to impose this specific
requirement based on the limited facts in this record. As the commission does
not know at this time how 211 service ultimately will be implemented from
a technology standpoint, the commission declines to include SWBT's recommendation.
The commission expects this topic to be fully developed in the implementation
docket, in which technology solutions will be considered. The commission also
reiterates that whatever specific procedures are adopted, end users are not
to be charged a fee for placing 211 calls.
Lastly, AT&T recommended including in the rule a policy statement that
the creation of the 211 and 511 networks "does not render any entity the exclusive
owner of the content of the information in the 211 and 511 databases and that
competitive providers should as well be provided nondiscriminatory access
to the information within those databases, consistent with any applicable
privacy requirements, for the purposes of providing services to their customers."
AT&T proposed such a statement on the grounds that the information contained
in the 211 and 511 databases could prove to be of competitive value with increasing
local competition.
The commission agrees with AT&T that competitive providers should be
allowed to access the information in the databases, consistent with applicable
privacy requirements. As is the case for the 911 database, however, the entity
that creates and maintains the 211 or 511 database should be allowed to charge
for providing this information to other carriers. Holders of a certificate
of convenience and necessity must receive commission approval of tariffs that
provide for such charges.
All comments, including any not specifically referenced herein, were fully
considered by the commission. In adopting this section, the commission makes
other minor modifications for the purpose of clarifying its intent.
This amendment is adopted under the Public Utility Regulatory
Act, Texas Utilities Code Annotated §14.002 (Vernon 1998, Supplement
2001) (PURA), which provides the commission with the authority to make and
enforce rules reasonably required in the exercise of its powers and jurisdiction.
Cross Reference to Statutes: Public Utility Regulatory Act §14.002
§26.127.Abbreviated Dialing Codes.
(a)
Code assignments. The following abbreviated dialing codes
may be used in Texas:
(1)
211 - Community Information and Referral Services;
(2)
311 - on-Emergency Governmental Service;
(3)
411 -
(A)
Directory Assistance; and
(B)
Directory Assistance Call Completion;
(4)
511 - Traffic and Transportation Information;
(5)
611 - Repair Service;
(6)
711 - Telecommunications Relay Service;
(7)
811 - Business Office; and
(8)
911 - Emergency Service.
(b)
Use only as directed. A certificated telecommunications
utility (CTU) within the State of Texas may assign or use N11 dialing codes
only as directed by the commission.
(c)
Limitations. The following limitations apply to a CTU's
use of N11 dialing codes for internal business and testing purposes:
(1)
use may not interfere with the assignment of such numbers
by the FCC and the North American Numbering Plan (NANP); and
(2)
use of an N11 dialing code must be discontinued on short
notice if the number is reassigned on a statewide or nationwide basis.
(d)
211 service.
(1)
Scope and purpose. This subsection applies to the assignment,
provision, and termination of 211 service. Through this subsection, the commission
intends to enhance the ability of the public to access services that provide
free information and referral to community resources in situations that are
not immediately life- endangering, but still represent a serious but less
urgent threat to basic human needs and individuals' health or welfare.
(2)
Definitions. The following words and terms, when used in
this subsection, shall have the following meanings unless the context indicates
otherwise:
(A)
Alliance of Information and Referral Systems (AIRS) - A
professional organization whose mission is to unite and serve the field and
to advance the profession of information and referral as a vital means of
bringing people and services together. AIRS has developed national quality
standards and methods of evaluating information and referral services.
(B)
Area Information Center (AIC) - An entity that serves as
regional coordinator for health and human services information for a specified
geographical area or region.
(C)
Community resource - A for profit or nonprofit resource
that provides health or human services in a designated geographic area.
(D)
Information and referral service - A service whose primary
purpose is to maintain information about human service resources in the community
and to link people who need assistance with appropriate service providers
and/or to supply descriptive information about the agencies or organizations
which offer services.
(E)
Selective routing - The feature provided with 211 service
by which 211 calls are automatically routed to the 211 answering point for
serving the place from which the call originates.
(F)
Texas Information and Referral Network (Texas I & R
Network) - A program of the Health and Human Services Commission (HHSC) that
is responsible for the development, coordination, and implementation of the
statewide information and referral network.
(G)
211 answering point - An AIC that:
(i)
provides 24 hour, seven day a week operations;
(ii)
is assigned by HHSC the responsibility to receive 211
calls;
(iii)
serves the area or region designated by HHSC; and
(iv)
performs the roles and responsibilities of an AIC.
(H)
211 service - A telecommunications service provided by
a CTU to a designated area information center through which the end user of
a public phone system has the ability to access services providing free information
and referrals regarding community service organizations.
(3)
Role and responsibilities of the Texas Health and Human
Services Commission (HHSC).
(A)
To designate an AIC as a 211 provider for a particular
geographical area;
(B)
HHSC and the AICs educate the populace about the use of
211 service from its inception through termination;
(C)
HHSC is responsible for dispute resolution should a conflict
regarding the selection of an AIC occur; and
(D)
HHSC may terminate an AIC's designation for good cause
and is responsible for ensuring prompt and efficient selection of a new AIC
for continuation of service.
(4)
Use of the 211 system.
(A)
211 calls may not be completed over the 311 or 911 networks
or use the 311 or 911 databases.
(B)
The 211 network shall not be used for commercial advertisements.
(5)
Privacy policy. To preserve the privacy of callers who
wish to use the 211 service anonymously, an AIC which uses Automatic Number
Identification (ANI), Automatic Location Identification (ALI) service or other
equivalent non- blockable information-gathering features for the provision
of 211 service must establish an in-house procedure that is consistent with
the AIRS national standards and the standards set forth by HHSC that allows
access to the 211 service while honoring the caller's call and line-blocking
preferences and/or caller anonymity.
(6)
Fee. Neither an AIC nor a CTU may charge end users a fee
on a per-call or per-use basis for using the 211 system.
(e)
311 service.
(1)
Scope and purpose. This subsection applies to the assignment,
provision, and termination of 311 service. Through this subsection, the commission
strives to strengthen the 911 system by alleviating congestion on the 911
system through the establishment of a framework for governmental entities
to implement a 311 system for non-emergency police and other governmental
services.
(2)
Definition. The term "governmental entity" when used in
this subsection means any county, municipality, emergency communication district,
regional planning commission, appraisal district, or any other subdivision
or district that provides, participates in the provision of, or has authority
to provide fire-fighting, law enforcement, ambulance, medical, 911, or other
emergency service as defined in Texas Health & Safety Code §771.001,
as may be subsequently amended.
(3)
A certificated telecommunications utility must have a commission-approved
application to provide 311 service.
(4)
Requirements of application by certificated telecommunications
utility.
(A)
Applications, tariffs, and notices filed under this subsection
shall be written in plain language, shall contain sufficient detail to give
customers, governmental entities, and other affected parties adequate notice
of the filing, and shall conform to the requirements of §26.209 of this
title (relating to New and Experimental Services) or §26.211 of this
title (relating to Rate-Setting Flexibility for Services Subject to Significant
Competitive Challenges), whichever is applicable.
(B)
A CTU shall provide a copy of the text of the proposed
notice to notify the public of the request for 311 service with the filing
of an application for regulatory approval of the certificated telecommunications
utility's provision of 311 service.
(C)
No application for 311 service allowing the governmental
entity to charge its citizens a fee on a per-call or per-use basis for using
the 311 system shall be approved.
(D)
All applications for 311 service shall include the governmental
entity's plan to educate its populace about the use of 311 at the inception
of 311 service and its plan to educate its populace at the termination of
the governmental entity's provision of 311 service.
(5)
Notice. The presiding officer shall determine the appropriate
level of notice to be provided and may require additional notice to the public.
(A)
The certificated telecommunications utility shall file
with the commission a copy of the text of the proposed notice to notify the
public of the request for 311 service and the filing of an application for
regulatory approval of the certificated telecommunications utility's provision
of 311 service. This copy of the proposed notice shall be filed with the commission
not later than ten days after the certificated telecommunications utility
receives the 311 service request; and
(B)
The proposed notice shall include the identity of the governmental
entity, the geographic area to be affected if the new 311 service is approved,
and the following language: "Persons who wish to comment on this application
should notify the commission by (specified date, 30 days after notice is published
in the
Texas Register
). Requests for further
information should be mailed to the Public Utility Commission of Texas, P.O.
Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission's
Customer Protection Division at (512) 936-7120 or toll free at (888) 782-8477.
Hearing- and speech-impaired individuals with text telephones (TTY) may contact
the commission at (512) 936- 7136."
(6)
A certificated telecommunications utility may provide 311
service only to governmental entities.
(7)
A 311 service request shall start the six-month deadline
to "take any necessary steps to complete 311 calls" as required by the Federal
Communications Commission's Order In the Matter of the Use of N11 Codes and
Other Abbreviated Dialing Arrangements, CC Docket No. 92-105, FCC 97-51, 12
F.C.C.R. 5572 (February 19, 1997).
(8)
311 calls shall not be completed over the 911 network or
use the 911 database.
(9)
The 311 network shall not be used for commercial advertisements.
(10)
To preserve the privacy of callers who wish to use the
governmental entity's non- emergency service anonymously, a certificated telecommunications
utility which uses Automatic Number Identification (ANI) service, Automatic
Location Identification (ALI) service or other equivalent non-blockable information-
gathering features for the provision of 311 service must establish a non-
abbreviated phone number that will access the same non-emergency police and
governmental services as the 311 service while honoring callers' call- and
line- blocking preference. When publicizing the availability of the 311 service,
the governmental entity must inform the public if its 311 service has caller
or number identification features, and must publicize the availability of
the non-abbreviated phone number that offers the same service with caller
anonymity. When a certificated telecommunications utility uses Caller Identification
(Caller ID) services or other equivalent features to provide 311 service,
relevant provisions of the commission's substantive rules and of the Public
Utility Regulatory Act apply.
(11)
The commission shall have the authority to limit the use
of 311 abbreviated dialing codes to applications that are found to be in the
public interest.
(12)
The commission shall have the authority to decide which
governmental entity shall provide 311 service when there are conflicting requests
for concurrent 311 service for the same geographic area, to the extent that
negotiations between or among the affected governmental entities fail. The
commission shall consider the following factors in determining conflicting
requests for 311 service:
(A)
the nature of the service(s), including but not limited
to the proposed public education portion, to be provided by the governmental
entity; and
(B)
the potential magnitude of use of the requested 311 service
(i.e., the number of residents served by the governmental entity and their
potential frequency of access to the governmental agencies wishing to use
the 311 service).
(13)
When termination of 311 service is desired, the certificated
telecommunications utility shall file a notice of termination with the commission
that contains:
(A)
proposed notice to the affected area of the termination
of 311 service; and
(B)
the program to educate the affected public of the termination
of 311 service.
(14)
The commission, after receiving the certificated telecommunications
utility's proposed notice of termination of 311 service and approving the
proposed notice through an administrative review, will cause the approved
notice to be published in the
Texas Register
.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on March 27, 2001.
TRD-200101786
Rhonda Dempsey
Rules Coordinator
Public Utility Commission of Texas
Effective date: April 16, 2001
Proposal publication date: November 3, 2000
For further information, please call: (512) 936-7308