TITLE 1.ADMINISTRATION

Part 3. OFFICE OF THE ATTORNEY GENERAL

Chapter 63. VICTIMS' ASSISTANCE GRANTS

The Office of the Attorney General (OAG) proposes amendments to 1 TAC Subchapters B, D, E, and F, §§63.11, 63.15, 63.17, 63.55, 63.73, and 63.81, relating to rules for administration of crime victims' assistance grants (VAG). Subchapter B, §§63.11, 63.15, and 63.17, define projects that are eligible to receive VAGs, expand funding levels, and clarify approved uses of grant funds, expand the grant period. Subchapter D, §63.55 clarifies that a grant may be funded for a 2 year period. Subchapter E, §63.73 addresses the continuation of funding. Subchapter F, §63.81 addresses personnel matters.

Subchapter B. (Grants for Victim Assistance Coordinator or Crime Victim Liaison, §§63.11, 63.15, and 63.17).

Section 63.11 as amended would allow the payment of fringe benefits, travel and training for the grant paid personnel. Section 63.15 as amended would increase grant funding levels to $39,400 for each project. Section 63.17 as amended would allow grant funds to be used to pay fringe benefits, travel and training for grant paid personnel.

Subchapter D. (Grant Application, Scope of Grant, Approval, §63.55).

Section 63.55 as amended would clarify that a grant may be funded for a 2 year period.

Subchapter E. (Funding of Grants, § 63.73).

Section 63.73 as amended would clarify that a grant will be reviewed to determine if funding for the second year is approved.

Subchapter F. (Grant Budget Requirements, §63.81).

Section 63.81 as amended would clarify that a grantee must provide fringe benefits, travel expenses and training for grant personnel.

Ms. Melissa Foley, Grant Coordinator, has determined that for the first five year period in which the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering these sections.

Ms. Foley has also determined that the proposed amendments will not have an adverse economic effect on small businesses because the amendments of these rules impose no additional burden on anyone. There is no anticipated economic cost to persons who are required to comply with these rules as proposed.

Ms. Foley has determined that for the five-year period in which the rules are in effect, the anticipated public benefit is better administration of the VAG program by the Office of the Attorney General, as mandated by the Texas legislature, without increased costs to the state. The rules will enable direct service providers to victims of crime to provide more services to the victims of crime and to enhance the payment of benefits to victims of crime from the Victims of Crime Fund.

Comments may be submitted, in writing, no later than 30 days from the date of this publication to Melissa Foley, Grants Coordinator, Office of the Attorney General, P.O. Box 12548, Austin, Texas 78711-2548 or by telephone (512) 463-0826 or by e-mail to www.melissa.foley@oag.state.tx.us.

Subchapter B. GRANTS FOR VICTIM ASSISTANCE COORDINATOR OR CRIME VICTIM LIAISON

1 TAC §§63.11, 63.15, 63.17

The amendments are proposed under the Texas Code of Criminal Procedure, Article 56.541, which the OAG interprets as authorizing the Office of the Attorney General to adopt rules reasonable and necessary to implement Chapter 56, and in order to provide funds for grants or contracts that support crime victim-related services or assistance.

The Texas Code of Criminal Procedure, Chapter 56 is affected by these proposed amendments.

§63.11.Eligible Projects.

Grants awarded under this subchapter may be used [ only ] to defray all or part of the salary, fringe benefits and travel and training expenses of the positions of victim assistance coordinator or crime victim liaison. A grantee shall aggressively pursue training for those persons employed in these VAG-funded positions. To the extent possible, a grantee shall use all available resources to enhance victim services, increase the filing of applications for benefits for victims of crime, protect the rights of victims, and fulfill the duties established for these positions under the Code of Criminal Procedure, Chapter 56.

§63.15.Funding Levels.

The minimum amount of funding that may be applied for is $10,000 for each project [ paid position ]. The Maximum amount of funding that may be applied for is $39,400 [ $30,000 ] for each project [ paid position ]. The salary of a Victim Assistance Coordinator and Crime Victim Liaison is set at a maximum of $30,000 per annum for each full time paid position.

§63.17.Use of Grant Funds.

The use of grant funds is limited to salaries , fringe benefits, travel and training [ only ] for the position of Victim Assistance Coordinator and Crime Victim Liaison. [ The grant funds may not be used to pay for fringe benefits, including, but not limited to, retirement, health insurance, etc. ] In addition, the grant funds may not be used to pay for other operational costs, including, but not limited to, [ travel, ] computer equipment, telephone service, office rent, or other office equipment.

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.

Filed with the Office of the Secretary of State, on July 2, 2001.

TRD-200103773

Rick Gilpin

Assistant Attorney General

Office of the Attorney General

Earliest possible date of adoption: August 12, 2001

For further information, please call: (512) 463-2110


Subchapter D. GRANT APPLICATION, SCOPE OF GRANT, APPROVAL

1 TAC §63.55

The amendments are proposed under the Texas Code of Criminal Procedure, Article 56.541, which the OAG interprets as authorizing the Office of the Attorney General to adopt rules reasonable and necessary to implement Chapter 56, and in order to provide funds for grants or contracts that support crime victim-related services or assistance.

The Texas Code of Criminal Procedure, Chapter 56 is affected by these proposed amendments.

§63.55.Grant Period.

(a) A project will be funded for a 2 year [ 12-month ] period, beginning no earlier than September 1 of each year, and ending August 31 of each year.

(b) The maximum number of years that a project may be funded at one time is two years.

(c) An applicant may submit an application for funding for two years. If the application is approved, the project will be awarded [ funded ] for two years, but will be reviewed at the end of one year to determine if funding for the second year is approved [ the first year, ] and will receive automatic consideration for second year funding. No additional application will be required for the second year, but the OAG may require a grantee to submit updated attachments, contracts, bonds, resolutions, and other information as necessary. The OAG will base its final decision on second-year funding on first year performance, including the timeliness and thoroughness of reporting, the success of the project in meeting its goals, and the outcomes of OAG on-site visits.

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.

Filed with the Office of the Secretary of State, on July 2, 2001.

TRD-200103774

Rick Gilpin

Assistant Attorney General

Office of the Attorney General

Earliest possible date of adoption: August 12, 2001

For further information, please call: (512) 463-2110


Subchapter E. FUNDING OF GRANTS

1 TAC §63.73

The amendments are proposed under the Texas Code of Criminal Procedure, Article 56.541, which the OAG interprets as authorizing the Office of the Attorney General to adopt rules reasonable and necessary to implement Chapter 56, and in order to provide funds for grants or contracts that support crime victim-related services or assistance.

The Texas Code of Criminal Procedure, Chapter 56 is affected by these proposed amendments.

§63.73.Continuation Funding.

(a) There is no commitment by the OAG that a grant, once funded, will receive subsequent funding. Continuation of funding for existing grant projects must meet all requirements of this chapter and have a history of timely submission of progress and financial reports. Continuation of funding of new and existing projects is contingent on the availability of funds.

(b) There is no limit on the number of years that a grant can be continued to be funded.

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.

Filed with the Office of the Secretary of State, on July 2, 2001.

TRD-200103775

Rick Gilpin

Assistant Attorney General

Office of the Attorney General

Earliest possible date of adoption: August 12, 2001

For further information, please call: (512) 463-2110


Subchapter F. GRANT BUDGET REQUIREMENTS

1 TAC §63.81

The amendments are proposed under the Texas Code of Criminal Procedure, Article 56.541, which the OAG interprets as authorizing the Office of the Attorney General to adopt rules reasonable and necessary to implement Chapter 56, and in order to provide funds for grants or contracts that support crime victim-related services or assistance.

The Texas Code of Criminal Procedure, Chapter 56 is affected by these proposed amendments.

§63.81.Personnel.

(a)-(g) (No change.)

(h) A grantee must provide grant funded personnel fringe benefits as provided for all other non-grant funded personnel in the grantee agency.

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.

Filed with the Office of the Secretary of State, on July 2, 2001.

TRD-200103776

Rick Gilpin

Assistant Attorney General

Office of the Attorney General

Earliest possible date of adoption: August 12, 2001

For further information regarding this publication, please call: A.G. Younger at (512) 463-2110


Part 12. COMMISSION ON STATE EMERGENCY COMMUNICATIONS

Chapter 251. REGIONAL PLANS--STANDARDS

1 TAC §251.10

The Commission on State Emergency Communications (CSEC) proposes an amendment to §251.10, concerning proposed guidelines for implementing wireless E9-1-1 services funded with 9-1-1 funds.

The proposed rule would modify parts of the rule that are outdated since the rule was last adopted and in light of modifications, clarifications, priorities, and rulings by the Federal Communications Commission related to wireless E9-1-1. It would also further clarify and incorporate the ad hoc process that has been used to determine reasonable costs for purposes of wireless service provider reimbursement and would recognize that the Commission may substitute the ad hoc process with a rule process.

Carey F. Spence, interim executive director, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Ms. Spence also has determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of enforcing the section will be improved services in facilitating the delivery of a wireless emergency call through automatic number and location information data. No historical data is available, however, there appears to be no direct impact on small or large businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed. There is no anticipated local employment impact as a result of enforcing the section.

Comments on the proposed rule may be submitted in writing within 30 days after publication of the proposal in the Texas Register to Carey F. Spence, Interim Executive Director, Commission on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942.

The proposed rule is proposed pursuant to the Health and Safety Code, Chapter 771, §§771.051, 771.071, 771.0711, 771.072, and 771.075, which authorize the Commission to adopt policies and procedures prescribing the distribution and use of 9-1-1 funds for providing 9-1-1 service.

No other code, statute, or article is affected by this proposal.

§251.10.Guidelines for Implementing Wireless E9-1-1 Service.

(a) Definitions. When used in this rule, the following words and terms shall have the meanings identified in this section, unless the context and use of the word or terms clearly indicates otherwise.

(1) 9-1-1 Database Record--A physical record, which includes the telephone subscriber information to include the caller's telephone number, related locational information, and class of service, and conforms to NENA adopted database standards.

(2) 9-1-1 Funds--Funds assessed and disbursed in accordance with the Texas Health and Safety Code, Chapter 771.

(3) 9-1-1 Equipment--Capital equipment acquired partially or in whole with 9-1-1 funds and designed to support and/or facilitate the delivery of an emergency 9-1-1 call to an appropriate emergency response agency.

(4) 9-1-1 Governmental Entity--An RPC or District, as defined in Texas Health and Safety Code Chapter 771.055, and Chapter 772, Subchapter B, C, or D, that administers the provisioning of 9-1-1 service.

(5) 9-1-1 Governmental Entity Jurisdiction--As defined in applicable law, Texas Health and Safety Code Chapters 771 and 772, the geographic coverage area in which a 9-1-1 Governmental Entity provides emergency 9-1-1 service.

(6) 9-1-1 Operator--The PSAP operator receiving 9-1-1 calls.

(7) 9-1-1 Network Provider--The current operator of the selective router/switching that provides the interface to the PSAP for 9-1-1 service.

(8) Automatic Location Identification (ALI) Database--A computer database used to update the Call Back Number information of wireless end users and the Cell Site/Sector information for Phase I call delivery, as well as the X, Y coordinates for longitude and latitude for Phase II call delivery.

(9) Call Associated Signaling (CAS)--A method for delivery of the mobile directory number (MDN) of the calling party plus the emergency service routing digits (ESRD) from the wireless network through the 9-1-1 selective router to the PSAP. The 20 digits of data delivered are sent either over Feature Group D (FG-D) or ISUP from the wireless switch to the 9-1-1 router. From the router to the PSAP, the 20-digit stream is delivered using either Enhanced Multi-Frequency (EMF) or ISDN connections.

(10) Call Back Number--The mobile directory number (MDN) of a Wireless End User who has made a 9-1-1 call, which usually can be used by the PSAP to call back the Wireless End User if a 9-1-1 call is disconnected. In certain situations, the MDN forwarded to the PSAPs may not provide the PSAP with information necessary to call back the Wireless End User making the 9-1-1 call, including, but not limited to, situations affected by illegal use of Service (such as fraud, cloning, and tumbling) and uninitialized handsets and non-authenticated handsets.

(11) Cell Site--A radio base station in the WSP Wireless Network that receives and transmits wireless communications initiated by or terminated to a wireless handset, and links such telecommunications to the WSP's network.

(12) Cell Sector--An area, geographically defined by WSP (according to WSP's own radio frequency coverage data), and consisting of a certain portion of all of the total coverage area of a Cell Site.

(13) Cell Site/Sector Information--Information that indicates, to the receiver of the information, the location of the Cell Site receiving a 9-1-1 call initiated by a Wireless End User, and which may also include additional information regarding a Cell Sector.

(14) Cell Sector Identifier--The unique numerical designation given to a particular Cell Sector that identifies that Cell Sector.

(15) Class of Service--A standard acronym, code or abbreviation of the classification of telephone service of the Wireless End User, such as WRLS (wireless), that is delivered to the PSAP CPE.

(16) Digital Map--A computer generated and stored data set based on a coordinate system, which includes geographical and attribute information pertaining to a defined location. A digital map includes street name and locational information, data sets related to emergency service provider boundaries, as well as other associated data.

(17) Emergency Communication District (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, Subchapter B, C, or D.

(18) Emergency Service Number (ESN)--A number stored by the selective router/switch used to route a call to a particular PSAP.

(19) Emergency Service Routing Digits (ESRD)--As defined in J-Std-034, an ESRD is a digit string that uniquely identifies a base station, cell sector, or sector. This number may also be a network routable number (but not necessarily a dialable number ) .

(20) FCC--The Federal Communications Commission.

(21) FCC Order--The Federal Communications Commission Report and Order and Further Notice of Proposed Rulemaking in CC Docket No. 94-102, released July 26, 1996, and as amended by subsequent decisions.

(22) Host ALI Records--Templates from the ALI Database that identify the Cell Site location and the Call Back Number of the Wireless End User making a 9-1-1 call.

(23) Hybrid CAS/NCAS--This method for wireless E9-1-1 call delivery uses a combination of CAS and NCAS techniques to deliver the location and call back numbers to a PSAP. The MSC sends the location and call back information to a selective router using the standard CAS interface defined in J-Std-034. The selective router then uses an NCAS approach to deliver the information to a PSAP. That is, the selective router sends the location and call back information to the wireline emergency services database and the caller's call back number, or MDN, to the PSAP. The MDN is then used as a key to retrieve the cell/tower information for PSAP display.

(24) J-Std-034--A standard, jointly developed by the Telecommunications Industry Association (TIA) and the Alliance for Telecommunications Industry Solutions (ATIS), to provide the delta changes necessary to various existing standards to accommodate the Phase I requirements. This standard identifies that the interconnection between the mobile switching center (MSC) and the 9-1-1 selective router/switch is via:

(A) an adaptation of the Feature Group-D Multi Frequency (FG-D protocol), or

(B) the use of an enhancement to the Integrated Services Digital Network User Part (ISUP) Initial Address Message (IAM) protocol. In this protocol, the caller's location is provided as a ten-digit number referred to as the emergency services routing digits (ESRDs). The protocol NENA-03-002, Recommendation for the Implementation of Enhanced Multi Frequency (MF) Signaling, E9-1-1 Tandem to PSAP, is the corollary of J-Std-034 FG-D protocol.

(25) Mobile Directory Number (MDN)--A 10-digit dialable directory number used to call a Wireless Handset.

(26) Mobile Switching Center (MSC)--A switch that provides stored program control for wireless call processing.

(27) National Emergency Number Association (NENA).

(28) NENA 02-001--A standard set of protocols for the Automatic Location Identification (ALI) data exchange between service providers and Enhanced 9-1-1 systems, developed by the NENA Data Standards Subcommittee (June 1998 revision).

(29) NENA 03-002--A standard, or technical reference, developed by the NENA Network Technical Committee, to provide recommendations for the implementation of Enhanced Multi Frequency (MF) Signaling, E9-1-1 Tandem to PSAP. The J-Std-034 FG-D protocol, referenced in paragraph (24) of this subsection, is the corollary protocol of NENA 03-002.

(30) Non-Callpath Associated Signaling (NCAS)--This method for wireless E9-1-1 call delivery delivers routing digits over existing signaling protocol, including commonly applied CAMA trunking into and out of selective routers or SS7 into selective routers . The voice call is set up using the existing interconnection method that the wireline company uses from an end office to the router and from the router to the PSAP. The ANI delivered with the voice call is an emergency service routing digit (ESRD), not a MDN. All data, including the MDN and cell sector that receives the call, is delivered to the PSAP via the data path within the ALI record.

(31) Phase I E9-1-1 Service--The service by which the WSP delivers to the designated PSAP the Wireless End User's call back number and Cell Site/Sector information when a wireless end user has made a 9-1-1 call, as contracted by the 9-1-1 Governmental agency.

(32) Phase II E9-1-1 Service--The service by which the WSP delivers to the designated PSAP the Wireless End User's call back number, cell site/sector information, as well as X, Y (longitude, latitude) coordinates to the accuracy standards set forth in the FCC Order.

(33) Phase I E9-1-1 Service Area(s)--Those geographic portions of a 9-1-1 Governmental Entity Jurisdiction in which WSP is licensed to provide Service. Collectively, all such geographic portions of the 9-1-1 Governmental Entity's Jurisdiction subject to this rule shall be referred to herein as the "Phase I E9-1-1 Service Areas".

(34) Regional Planning Commission--A commission established under Local Government Code, Chapter 391, also referred to as a council of governments (COG).

(35) Regional Strategic Plans--Regional plans developed in compliance with Chapter 771 shall include a strategic plan that projects regional 9-1-1 service costs, and service fee and other non-equalization surcharge revenues at least five years into the future, beginning September 1, 1994. Within the context of Section 771.056(d), the [ Advisory ] Commission on State Emergency Communications (CSEC) [ (ACSEC) ] shall consider any revenue insufficiencies to represent need for equalization surcharge funding support.

(36) Public Safety Answering Point (PSAP)--A 24-hour communications facility established as an answering location for 9-1-1 calls originating within a given service area, as further defined in applicable law Texas Health and Safety Code Chapters 771 and 772.

(37) Service Control Point (SCP)--A centralized database system used for, among other things, wireless Phase I E9-1-1 Service applications. It specifies the routing of 9-1-1 calls from the Cell Site to the PSAP. This hardware device contains special software and data that includes all relevant Cell Site locations and Cell Sector Identifiers.

(38) Selective Router--A switching office placed in front of a set of PSAPs that allows the networking of 9-1-1 calls based on the ESRD assigned to the call.

(39) Uninitialized Call--Any wireless E9-1-1 call from a wireless handset which, for any reason, has either not had service initiated or authenticated with a legitimate WSP.

(40) Vendor--A third party used by either the 9-1-1 Governmental Entity or WSP to provide services.

(41) WSP--The named wireless service provider and all its affiliates (collectively referred to as "WSP").

(42) WSP Subscribers--Wireless telephone customers who subscribe to the Service of WSP and have a billing address within a 9-1-1 Governmental Entity Jurisdiction.

(43) Wireless 9-1-1 call--A call made by a wireless end user utilizing a WSP wireless network, initiated by dialing "9-1-1" (and, as necessary, pressing the "Send" or analogous transmitting button) on a Wireless Handset.

(44) Wireless End User--Any person or entity receiving service on a WSP Wireless System.

(45) WSP Wireless System--Those mobile switching facilities, Cell Sites, and other facilities that are used to provide wireless Phase I & II E9-1-1 service.

(b) Policy and Procedures. As authorized by the Texas Health and Safety Code, Chapter 771.051, the [ Advisory ] Commission on State Emergency Communications (Commission) shall develop minimum performance standards for equipment and operation of 9-1-1 service to be followed in developing regional plans, and 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. The implementation of such service involves the procurement, installation and operation of equipment, database and network services and facilities designed to either support or facilitate the delivery of an emergency call to an appropriate emergency response agency. As mandated by FCC Order, and as authorized by Chapter 771, section .0711, of the Texas Health and Safety Code, the CSEC [ ACSEC ] shall impose on each wireless telecommunications connection a 9-1-1 emergency service fee to provide for the automatic number identification and automatic location identification of wireless E9-1-1 calls. Furthermore, the Commission recognizes the rapidly changing telecommunications environment in wireline and wireless services and its impact on 9-1-1 emergency services. Automatic number and location information is crucial data in facilitating the delivery of an emergency call. It is the policy of the Commission that all 9-1-1 emergency calls for service be handled at the highest level of service available. In accordance with this policy, the following policies and procedures shall apply to the procurement, installation, and implementation of wireless E9-1-1 services funded in part or in whole by the 9-1-1 funds referenced above. Prior to the Commission considering allocation and expenditure of 9-1-1 funds for implementation of wireless Phase I and/or Phase II wireless E9-1-1 services, a COG and/or District receiving 9-1-1 fees and/or equalization surcharge funds from the Commission shall meet the following requirements listed in paragraphs (1)-(15) of this subsection:

(1) Commission Survey and Review--Prior to any wireless E9-1-1 Service implementation in any regional council (COG) area, the Commission shall solicit in writing from all WSPs within the State of Texas a detailed description of its technical approach to implementing Phase I and/or Phase II (where applicable); and, the proposed WSP reasonable cost associated with that implementation. The Commission will review and evaluate this information and consider its appropriateness for implementation. Upon completion of this process, the Commission will communicate these WSP evaluations to the regional councils (COGs), and notify the COGs that they may request and implement wireless E9-1-1 service as described in paragraphs (2)-(15) of this subsection.

(2) Phase I E9-1-1 Implementation--The provisioning for delivery of a caller's mobile directory number and the location of a cell site receiving a 9-1-1 call to the designated PSAP. Implementation of Phase I service must be accomplished within 6-months of written request according to the FCC Order. Prior to implementing Phase I wireless E9-1-1 service, the following conditions must be satisfied and demonstrated to the Commission as described in paragraph (14) of this subsection:

(A) sufficient budgeted funds are available [ funding mechanism ] for the recovery of the COGs [ all ] reasonable costs relating to the provisioning of such service is in place;

(B) the PSAPs administered by the 9-1-1 entity are capable of receiving and using the data associated with such service;

(C) 9-1-1 entity requests such service in writing from the service provider or the Commission Staff requests such service in writing on behalf of the COG. [ ; ]

[ (D) an executed contract between 9-1-1 entity and WSP for such service, and which includes a wireless service work plan, fee schedule and standards.]

(3) Phase II E9-1-1 Implementation--provisioning for delivery of a caller's mobile directory number and the caller's location, within 125 meters RMS level of accuracy, to the designated PSAP. Implementation of Phase II service will be consistent with the FCC Order. Prior to implementing Phase II wireless E9-1-1 service, the following conditions, in addition to those listed in paragraph (2) of this subsection must be satisfied and demonstrated to the Commission as described in paragraph (14) of this subsection:

(A) provision for digital base map and graphical display, in conjunction with approved Strategic Plan and Commission §251.7 of this title (relating to Guidelines for Implementing Integrated Services);

(B) demonstrate, and provide in writing, that the [ location determination technology and ] digital base map and PSAP CPE are capable of displaying [ identifying ] the caller's location within [ 125 meters in at least 67% of calls delivered, or ] the degree of accuracy [ as ] specified by the applicable [ required by ] FCC Order . [ ; ]

[(C) a revised executed contract between 9-1-1 entity and WSP for such service and which includes a wireless service work plan, fee schedule and standards.]

(4) Responsibilities--It shall be the responsibility of the 9-1-1 entity, the WSP and any necessary third party (including, but not limited to, 9-1-1 Network Provider/Local Exchange Carrier, Host ALI Provider, SCP software developers and hardware providers, and other suppliers and manufacturers) to fully cooperate for the successful implementation and provision of Phase I and Phase II E9-1-1 service. These same parties are also responsible for ensuring that the deployment and implementation of their wireless E9-1-1 solution is thoroughly interoperable with other wireless E9-1-1 solutions, including permitting the proper and seamless transfer of wireless E9-1-1 emergency call information to PSAPs between differing wireless E9-1-1 solutions. The Commission acknowledges that the successful and timely provision of such service is dependent upon the timely and effective performance and cooperative efforts of all of the parties listed in this section. All parties shall comply with FCC Order, Texas laws and Commission Rules.

(5) Deployment--Unless otherwise approved by the Commission or Commission Staff as an exception , the 9-1-1 entity and the WSP will agree upon one or both of the following methods of wireless call delivery [ listed in subparagraphs (A)-(D) of this paragraph ]:

[ (A) ] Call Associated Signaling (CAS); and

[ (B) ] Non-Callpath Associated Signaling (NCAS) . [ ; ]

[(C) Hybrid CAS/NCAS Architecture; ]

[(D) Exceptions to CAS, NCAS, or Hybrid CAS/NCAS, as in the case of standalone ALI environments--specific solution should be illustrated and demonstrated prior to execution of contract.]

(6) Data Delivery--Unless otherwise approved by the Commission or Commission Staff as an exception , the 9-1-1 entity and the WSP will agree upon one or both of the following methods for the delivery of data elements necessary for Phase I E9-1-1 service. The 9-1-1 entity and WSP shall provision for redundancy within all methods.

(A) SS7/ISUP--WSP will deliver the twenty digits of information necessary for Phase I services by sending SS7 signaling messages in ISUP format to the 9-1-1 selective router;

[ (B) Feature Group D--WSP will deliver the twenty digits of information necessary for completion of Phase I services to the 9-1-1 selective router in the standard format required;]

(B) [ (C) ] Service Control Point (SCP)--WSP will route all necessary information directly to the 9-1-1 entity's ALI database through an independent service control point.

(7) Standards--Unless an exception is approved by the Commission, the 9-1-1 entity, the WSP and any third party/vendor, will ensure that all appropriate and applicable industry standards be adhered to in provisioning E9-1-1 wireless service. These standards shall include, but not be limited to:

(A) J-Std 34 and NENA 03-002 for CAS and Hybrid CAS/NCAS deployments;

(B) NENA 02-001 as benchmark data standards. All parties shall cooperate fully in the development and maintenance of all wireless data, such as cell site locations, Emergency Service Routing Digits, selective routing databases, and timely updates of any such data;

(C) Any and all modifications to these standards, currently under development by appropriate standards bodies, for CAS, NCAS, [ Hybrid CAS/NCAS ], and Phase II/LDT deployments. Any such pending standard should be adhered to upon adoption;

(D) The Commission hereby establishes a standard Class of Service (COS) to be used by the 9-1-1 entity's PSAPs and the WSPs to identify calls delivered to the PSAP as WRLS (wireless), or until a standard is established by NENA;

(E) Commission §251.4 of this title (relating to Guidelines for the Provisioning of Accessibility Equipment) for provisioning of TTY/TDD equal access consistent with FCC rules and orders;

(F) All applicable standards shall be agreed upon by both parties to the wireless service contract.

(G) The Commission may approve exceptions to the standards listed in this section upon demonstration by the WSP and PSAP of valid reasons and comparable efficiency and cost.

(8) Reasonable Cost Elements-- After recovery of the COGs reasonable costs relating to the provisioning of Phase I and Phase II service, the [ The ] Commission will consider that the reasonable costs incurred by the WSP to be reimbursed by the 9-1-1 entity may include the following listed in subparagraphs (A)- (B) [ (F) ] of this paragraph:

(A) Trunking--To provide network connectivity between the necessary network elements, the following costs listed in clauses (i)- (iii) [ (vi) ] of this subparagraph may [ shall ] be allowed:

(i) From mobile switching center (MSC) to selective router (including in that connectivity any port connection charges or other pre-LEC selective router charges) at a rate and quantity no higher than determined to be reasonable by the Commission, Commission Staff, or Commission rule ;

(ii) [ From selective router to PSAP; ]

[(iii) From PSAP to ALI Database; ]

[(iv)] From mobile switching center (MSC) to service control point (SCP) at a rate and quantity no higher than determined to be reasonable by the Commission, Commission Staff, or Commission rule; and [ ; ]

(iii) [ (v) ] From service control point (SCP) to ALI Database at a rate and quantity no higher than determined to be reasonable by the Commission, Commission Staff, or Commission rule. [ ; ]

[ (vi) From ALI Database to PSAP. ]

[(B) Network--To provision the transference of necessary digits from the selective router to the PSAP in a CAS deployment, an upgrade or modification to the selective router will be necessary. The Commission will not consider this as an allowable cost. ]

(B) [ (C) ] Database--To provision and deliver the necessary data through the network and to the PSAP for Phase I compliance, the following costs listed in clauses in (i)-(ii) of this subparagraph may [ will ] be allowed:

(i) Non-recurring costs associated with initial emergency service routing digits (ESRD) load into selective router or SCP at a rate and quantity no higher than determined to be reasonable by the Commission, Commission Staff, or Commission rule ;

(ii) Monthly recurring costs associated with maintaining ESRD data in the selective router or SCP at a rate and quantity no higher than determined to be reasonable by the Commission, Commission Staff, or Commission rule .

[(D) CPE--To provision the 9-1-1 entity's PSAP equipment to have the capability to receive and display information necessary to comply with Phase I call delivery requirements, the Commission has previously funded software upgrades to CPE for 20-digit and two 10-digit capability. These costs should be accommodated within the regional council's currently, or previously, approved strategic plan. ]

[(E) Map Display--The cost to provision the 9-1-1 entity's PSAP equipment to have the capability to receive and graphically display caller's cell site/sector location information, as well as the X, Y (longitude, latitude coordinates).]

[(F) Training--The cost to train COG and/or PSAP personnel to efficiently and effectively receive and process Phase I & Phase II wireless E9-1-1 calls. This training shall be conducted by the COG, WSP, local service provider, and/or third party, as necessary, upon initial deployment of wireless service and at regularly scheduled intervals. Training plans and any associated costs shall be proposed to COG within WSP written proposal of service, submitted to the Commission for approval via the strategic plan amendment review process as outlined in §251.6 of this title (relating to Guidelines for Strategic Plans, Amendments, and Equalization Surcharge Allocation), and included in an executed standardized contract for wireless E9-1-1 service. ]

(9) Testing--The COG, WSP, local service provider and any third party shall conduct initial and regularly scheduled network, database and equipment testing to ensure the integrity of the existent and proposed wireline/wireless 9-1-1 system operated by the COG, for any Phase I and/or Phase II wireless E9-1-1 service deployment. These tests shall include, at a minimum:

(A) network connectivity;

[ (B) call setup times;]

(B) initial implementation field testing of each of a WSPs cell sites routing to the designated PSAP;

(C) equipment capabilities of receiving and displaying callback number and cell site/sector information;

(D) ability to transfer the wireless E9-1-1 call. The COG shall submit the initial testing documentation and findings to the Commission within the strategic plan amendment approval process as referenced in paragraph (8) of this subsection, Reasonable Cost Elements , and as established through Commission wireless testing policies and procedures . The COG shall maintain documentation of initial and regularly scheduled testing and notify the Commission of any on-going, negative outcomes.

(10) Fair and Equitable Provisioning of Wireless E9-1-1 Service--[ The COG shall establish the level of wireless E9-1-1 service required within its region, and shall ensure that each WSP operating within its region provides comparable levels of wireless E9-1-1 service to all wireless subscribers within the region, within reasonable implementation parameters. ] In determining the reasonableness of costs, the Commission may compare the costs being submitted for recovery by one provider to the costs of other, similarly situated providers. No single WSP shall be reimbursed for costs above the comparable costs of the other WSP within the COG region or at a rate and quantity higher than determined to be reasonable by the Commission, Commission Staff, or Commission rule. As a requirement for reimbursement of reasonable costs, the WSP must categorize and itemize its proposed reasonable costs and its invoices for payment in the manner requested by the Commission, Commission Staff, or Commission rule .

(11) Uninitialized Calls--Must be passed through the wireless 9-1-1 network, and uniformly identified to the PSAP.

(12) Third Party Contracts--Any and all subcontracts between WSP and third party vendors, for the deployment of Phase I & II wireless E9-1-1 service deployments, shall adhere to the primary contract as executed between COG and WSP and/or the FCC Orders and Rules applicable to WSP .

(13) Proposals for Wireless E9-1-1 Service--All proposals by WSPs for wireless 9-1-1 service should be presented to the COG in writing and shall include a complete description of network, database, equipment display requirements, training and accessibility elements. Such proposals should include detailed cost information, as well as technical solutions, network diagrams, documented wireless 9-1-1 call set-up times, deployment plans and timelines, specific work plans, WSP network contingency and disaster recovery plans, escalation lists, trouble call response times, as well as any other information required by the COG. Unless otherwise confidential by law, all information provided to the COG becomes a matter of public record and is subject to the Texas Public Information Act.

(14) Strategic Plan Amendment Review and Approval Process--Upon demonstration of compliance with paragraphs (2)(A) and (3)(A) of this subsection, and prior to executing a standardized contract for wireless 9-1-1 service, the COG shall submit such proposals, as described in paragraph (13) of this subsection, to the Commission for approval, via the strategic plan review and/or amendment process described in §251.6 of this title. Strategic Plan amendment requests should include all of the information provided by WSP to COG, as well as complete information regarding the geographic areas as well as the tandems, exchanges and PSAPs affected [ effected ] by the proposed deployment.

(15) Standardized Contract--Upon review and approval by CSEC [ ACSEC ], COG and WSP shall enter into a standardized Wireless E9-1-1 Service Agreement. The standard contract shall be provided by the Commission, and shall include all of the information contained in the proposal and amendments reviewed and approved by the Commission. Commission staff shall review all such contracts before they are executed. COG shall provide the Commission a copy of all fully executed contracts.

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.

Filed with the Office of the Secretary of State, on July 2, 2001.

TRD-200103777

James D. Goerke

Executive Director

Commission on State Emergency Communications

Earliest possible date of adoption: August 12, 2001

For further information, please call: (512) 305-6933