Part 1.
OFFICE OF THE GOVERNOR
Chapter 3.
CRIMINAL JUSTICE DIVISION
Subchapter B. GENERAL GRANT PROGRAM POLICIES
2.
GRANT BUDGET REQUIREMENTS
1 TAC §3.81
The Office of the Governor proposes an amendment to Title
1, Part 1, Chapter 3, Subchapter B, §3.81. The revision adds new general
grant program policies.
The proposed amendment provides processes and procedures relating to grants
made through the Criminal Justice Division for project requirements. Subchapter
B concerns General Grant Program Policies.
The Office of the Governor updated the rules affecting the Criminal Justice
Division grant processes and procedures with the goal of adding new grant
budget requirements. As a result, the Office of the Governor has determined
that the section in the Texas Administrative Code identified above should
be amended.
Tom Jones, Director of Accounting for the Criminal Justice Division, has
determined that for the first five-year period the section is in effect there
will be no fiscal implications for state or local government, or for local
employment in any geographic areas within the state, as a result of enforcing
or administering the section.
Mr. Jones also has determined that for the first five-year period that
the section is in effect the public benefit anticipated as a result of enforcing
the section will be more efficient processes and procedures and the current
rules will be more easily understood. There will be no anticipated economic
cost to persons or small businesses for complying with the section. There
will be no anticipated economic costs to persons who are required to comply
with the proposed amendment.
Comments on the proposed amendment may be submitted to Heather Morgan at
the Criminal Justice Division of the Governor's Office, P.O. Box 12428, Austin,
Texas 78711, (512) 463-1919.
The amendment is proposed under the Texas Government Code, Title
7, §772.006(a)(11), which provides the Office of the Governor, Criminal
Justice Division, the authority to adopt rules and procedures as necessary.
The amended rule implements the Texas Government Code, Title 7, §772.066(a),
which requires the Office of the Governor, Criminal Justice Division, to advise
and assist the governor in developing policies, plans, programs, and proposed
legislation for improving the coordination, administration, and effectiveness
of the criminal justice system.
§3.81.Equipment.
(a)
CJD defines equipment as any tangible, non-expendable personal
property with a useful life of more than one year and an acquisition cost
of
$1,000
[
(b)
Applicants must submit with their grant applications a
list of all proposed equipment purchases to CJD for approval. Grantees must
request any additional equipment purchases through grant adjustments. Grantees
are not authorized to purchase any equipment until they have received written
approval to do so from CJD. CJD will authorize in writing the purchase of
equipment through either the original grant award or a subsequent grant adjustment
notice. CJD may refuse any request for equipment. Decisions regarding equipment
are made based on whether or not the grantee has demonstrated that the requested
equipment is necessary, essential to the successful operation of the grant
project, and reasonable in cost.
(c)
CJD may approve equipment-only grants to fund innovative,
cutting edge technology used in the investigation of crime, to preserve public
safety, or to remedy crisis situations. The Local Law Enforcement Block Grant
program
, the County Essential Services Grant program
and the Juvenile
Accountability Incentive Block Grant program are exempt from this rule.
(d)
CJD will not approve grant funds to purchase vehicles or
equipment for governmental agencies that are standard issue or for general
agency use. The Local Law Enforcement Block Grant program
and the County
Essential Services Grant program are
[
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 January 14, 2002.
TRD-200200141
David Zimmerman
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: February 24, 2002
For further information, please call: (512) 463-1919
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 with 9-1-1 funds deposited in the 9-1-1 Services
Fee Fund.
The proposed rule would modify parts of the rule that have become outdated
since the rule was last adopted and that would benefit from revision 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 in a separate rulemaking.
CSEC seeks comments on the following specific issues:
1) The proposed rule in subsection (a) adds a definition for ESRK. CSEC
seeks comments on whether this definition is appropriate. Should any other
definitions be added to the proposed rule?
2) The proposed rule adds in subsection (b)(4) a clarification to the current
interoperability language by inserting "to the extent technically feasible."
CSEC seeks comment on whether there are situations where solutions to the
interoperability issues are not currently technically feasible.
3) In view of the recent Federal Communications Commission decision involving
the City of Richardson, Texas, subsection (b)(3) of proposed rule includes
a provision on making a timely request to the 9-1-1 Network Provider and/or
ALI Host Database Provider, as applicable and necessary, for any upgrade necessary
to transmit and deliver the wireless Phase II information. CSEC seeks comments
on whether there are currently upgrades that may be necessary in these situations
and the current due dates for such upgrades. CSEC seeks comments on whether
the upgrades that have been implemented to date or that will be implemented
to address Phase II service in the future will permit full migration from
Phase I deployments that used NCAS, CAS, and/or Hybrid solutions. CSEC seeks
comments on whether there are any known impediments to migrating from NCAS,
CAS, and/or Hybrid Phase I solutions for purposes of delivering Phase II service.
CSEC also seeks comments on whether these upgrades vary depending on whether
a wireless carrier proposes a network or a handset Phase II solution.
4) CSEC seeks comments whether interested parties have suggested modifications
to the proposed rule or suggested modifications to CSEC or COG processes that
may further facilitate the implementation of Phase II service in the state
program areas.
Paul Mallett, 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.
Mr. Mallett 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.
Initial comments on the proposed rule may be submitted in writing within
30 days after publication of the proposal in the
Texas Register
and reply comments may be submitted within 45 days of
that publication date to Paul Mallett, Executive Director, Commission on State
Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas
78701-3942.
The amendment is proposed pursuant to the Health and Safety Code,
Chapter 771, §§771.051, 771.055, 771.057, 771.071, 771.0711, 771.072,
771.075, and 771.078 which authorize the Commission, among other things, to
adopt policies, procedures, and minimum performance standards for providing
9-1-1 service and prescribing the use of the 9-1-1 funds for providing 9-1-1
service.
No other statute, code, 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
but the term does
not include wireless 9-1-1 emergency service fees not deposited in the 9-1-1
Services Fee Fund
.
(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
771.001
[
(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, [
(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)
ESRK -- Emergency Service Routing Key
(ESRK) is used in an NCAS Wireless solution. This mechanism uses a 10-digit
routable, but not necessarily dialable, range of numbers, for routing 9-1-1
calls. The ESRK range is associated with a PSAP jurisdiction from which the
call is initiated. Specific site and sector location information is written
to a dynamic ALI database record and is accessed by a PSAP using the ESRK.
Formatting of an ESRK is based on North American Number (NAR) requirements.
(21)
[
(22)
[
(23)
[
(24)
[
(25)
[
(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.
(26)
J-Std-036 -- A standard, jointly developed
by the Telecommunications Industry Association (TIA) and the Alliance for
Telecommunications Industry Solutions (ATIS), that defines standards for E9-1-1
service relating to CAS, NCAS wireless E9-1-1 solutions, and to make provision
for introduction of location determination technology for Phase II delivery
of wireless E9-1-1 calls. Additional proposed solutions such as Hybrid are
not referenced. Standards include, but are not limited to, required data elements,
and signaling protocols. J-Std-034 addresses E9-1-1 Phase I, and J-Std-036
addresses E9-1-1 Phase II.
(27)
[
(28)
[
(29)
[
(30)
NENA 02-010
[
(31)
[
(32)
[
(33)
[
(34)
[
(35)
[
(36)
[
(37)
[
(38)
[
(39)
[
(40)
[
(41)
Standard Wireless E9-1-1 Service Agreement
--- The standard Phase I and/or Phase II Wireless E9-1-1 Service Agreement,
as applicable, provided by the Commission and available on the Commission's
web site.
(42)
[
(43)
[
(44)
[
(45)
[
(46)
[
(47)
[
(48)
[
(b)
Policy and Procedures. As authorized by the Texas Health
and Safety Code, Chapter 771.051, the [
(1)
Commission Survey and Review -- Prior to any wireless E9-1-1
Service implementation in any [
(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
(but not prior
to requesting the service from WSP)
, the following conditions must be
satisfied and demonstrated to the Commission as described in paragraph (14)
of this subsection:
(A)
the COG requesting service has determined, based on
reasonable investigation, that it currently has sufficient funds to cover
the costs of receiving and utilizing the wireless E9-1-1 Phase I information
[
(B)
the PSAPs administered by the
COG
[
(C)
the
COG
[
(D)
demonstrate, as applicable, that it has
made a timely request to the 9-1-1 Network Provider and/or ALI Host Database
Provider, as applicable and necessary, for any upgrades needed to transmit
and deliver the wireless E9-1-1 Phase I information;
(E)
and that the COG and WSP both accept the
roles and responsibilities in the implementation of wireless E9-1-1 service
as provided in Attachment 1 of the standard Wireless E9-1-1 Service Agreement.
[(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
[
(A)
the COG requesting service has determined,
based on reasonable investigation, that it currently has sufficient funds
to cover the costs of receiving and utilizing the wireless E9-1-1 Phase II
information;
(B)
[
(C)
[
(D)
demonstrate, as applicable, that it has
made a timely request to the 9-1-1 Network Provider and/or ALI Host Database
Provider, as applicable and necessary, for any upgrades needed to transmit
and deliver the wireless E9-1-1 Phase II information.
[(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
Government Entity
[
(5)
Deployment -- Unless otherwise approved by the Commission
or Commission Staff as an exception
, the
COG
[
(A)
Call Associated Signaling (CAS);
(B)
Non-Callpath Associated Signaling (NCAS);
(C)
Hybrid CAS/NCAS Architecture; and
(D)
Exceptions to CAS, NCAS, or Hybrid CAS/NCAS, as in the
case of stand alone ALI environments - specific solution should be illustrated
and demonstrated prior to execution of contract.
(6)
Data Delivery -- Unless otherwise approved by the Commission,
the
COG
[
(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; and
(C)
Service Control Point (SCP) -- WSP will route all necessary
information directly to the
COG's
[
(7)
Standards -- Unless an exception is approved by the Commission,
the
COG
[
(A)
J-Std 34 and NENA 03-002 for CAS and Hybrid CAS/NCAS deployments;
(B)
NENA 02-010
[
(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
COG's
[
(E)
Commission §251.4 of this title (relating toGuidelines
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
standard Wireless
[
(G)
The Commission may approve exceptions to the above standards
upon demonstration by the WSP and
the COG
[
(8)
Reasonable Cost Elements --
The Commission will consider
that the costs to be incurred by the COG will be reviewed and approved within
the existing Strategic Planning process and provided within CSEC §251.6
of this title (relating to Guidelines for Strategic Plans, Amendments, and
Revenue Allocation).
The Commission will consider that the reasonable
costs incurred by the WSP to be reimbursed by the 9-1-1
Governmental
Entity
[
(A)
Trunking -- To provide network connectivity between the
necessary network elements, the following costs listed in clauses (i) -
(iii)
[
(i)
Dedicated transport from
[
[(ii)
From selective router to PSAP;]
[(iii)
From PSAP to ALI Database;]
(ii)
[
(iii)
[
[(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)
[
(i)
Non-recurring costs associated with initial emergency service
routing digits (ESRD)
or emergency service routing keys (ESRK)
load into selective router or SCP
at a rate and quantity no higher than
agreed to within the standard Wireless E9-1-1 Service Agreement and as approved
as reasonable by the Commission, Commission Staff, or Commission rule; and
(ii)
Monthly recurring costs associated with maintaining ESRD
or ESRK
data in the selective router or SCP
at a rate and quantity
no higher than agreed to within the standard Wireless E9-1-1 Service Agreement
and as approved as 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).]
(C)
[
(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)
[
(C)
[
(D)
initial implementation field testing of each
of a WSP's cell sites routing to the designated PSAP and delivery of accurate
call data; and e) the routing and databa delivery ability and accuracy of
any new cell sites or maintenance sites, that may be added by a WSP in any
particular region. The COG shall submit the initial testing documentation
and findings to the Commission within the strategic plan amendment approval
process
,
[
(10)
Fair and Equitable Provisioning of Wireless E9-1-1 Service
--
The COG, WSP, local service provider, and any relevant third party
shall provision E9-1-1 service in the COG region as to achieve a consistent
level of service to WSP End Users that is in compliance with applicable federal
and state laws and rules and applicable industry standards.
[
(11)
Uninitialized Calls -- Must be passed through the wireless
9-1-1 network and uniformly identified to the PSAP
, in accordance with
rules and procedures established by the FCC
.
(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 the applicable FCC Orders, Guidelines and Rules
.
(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)
(B)
[
(15)
Execution of
Standardized
Wireless E9-1-1
Service Agreement
[
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, January, 14, 2002.
TRD-200200151
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: February 25, 2002
For further information, please call: (52) 305-6933
Chapter 354.
MEDICAID HEALTH SERVICES
Subchapter W. PHARMACY LIMITATIONS
$1000
] or more per unit, and any other item,
regardless of cost, that the grantee chooses to capitalize in its own accounting
records.
is
] exempt from this
rule.
Part 12.
COMMISSION ON STATE EMERGENCY COMMUNICATIONS
771.055
],
and Chapter 772, Subchapter B, C, [
or
] D,
or F
that
administers the provisioning of 9-1-1 service.
or
] D,
or F
.
(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:
(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
formats and
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 (25)
[
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
Entity
[
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.
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
as that term
is defined in this rule
[
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
or other 9-1-1 Governmental Entity requesting funds from the Commission to
provide wireless E9-1-1 service
[
and/or District receiving 9-1-1
fees and/or equalization surcharge funds from the Commission
] shall
meet the following
applicable
requirements listed in paragraphs
(1)-(15) of this subsection:
regional council (
]COG[
)
]
area, the Commission shall solicit in writing from
each
[
all
]
WSP
[
WSPs
] within the
area
[
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.
sufficient funding mechanism for the recovery of all reasonable
costs relating to the provisioning of such service is in place
];
9-1-1
entity
] are capable of receiving and using the data associated with
such service
or has ordered the necessary equipment and has commitments
from its supplier(s) that PSAPs will be capable within 6 months of the request
to WSP
;
9-1-1 entity
]
, the
Commission or Commission Staff on behalf of the COG, has requested
[
requests
] such service in writing from the
WSP
[
service provider
]; and
provisioning
] for delivery of a caller's mobile directory number
and the caller's location, within
or exceeding
[
125 meters
RMS
]
the
level of accuracy
required by the FCC
,
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
(but not prior to requesting the service from WSP, if the COG's request for
Phase II service has been approved by the Commission or approved in writing
by Commission Staff)
, 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
]
a
degree of accuracy
that meets or exceeds the requirements of the FCC or has ordered the necessary
equipment and has commitments from its supplier(s) that the PSAPs will be
capable within 6 months of the request to WSP
[
as required by FCC
Order
]; and
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
, to the extent technically feasible,
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
, good faith
efforts of all of the parties listed in this section. All parties shall
comply with
the
FCC Order,
other FCC guidelines and requirements
related to wireless E9-1-1 service,
Texas laws and Commission Rules.
9-1-1
entity
] and the WSP will agree upon one
, or a combination,
of the following methods of wireless call delivery listed in subparagraphs
(A)-(D) of this paragraph:
9-1-1 entity
] and the WSP will agree upon one
of the following methods for the delivery of data elements necessary for Phase
I E9-1-1 service. The
COG
[
9-1-1 entity
] and WSP shall
provision for redundancy within all methods.
9-1-1 entity's
] ALI
database through an independent service control point.
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:
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;
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;
wireless
]
E9-1-1 Service
[
service
]
Agreement
[
contract
]; and
PSAP
] of
valid reasons and comparable efficiency and cost.
entity
] may include the following listed in subparagraph
(A)-
(C)
[
(F)
] of this paragraph:
(vi)
]of this subparagraph
may
[
shall
] be allowed:
From
] mobile
switching center (MSC) to selective router
at a rate and quantity no
higher than agreed to within the standard Wireless E9-1-1 Service Agreement
and as approved as reasonable by the Commission, Commission Staff or Commission
rule
;
(iv)
] From mobile switching center
(MSC) to service control point (SCP)
at a rate and quanitity no higher
than agreed to within the standard Wireless E9-1-1 Service Agreement and as
approved as reasonable by the Commission, Commission Staff or Commission rule
;
(v)
] From service control point
(SCP) to ALI Database
at a rate and quanitity no higher than agreed to
within the standard Wireless E9-1-1 Service Agreement and as approved as reasonable
by the Commission, Commission Staff or Commission rule
; and
(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 (i)-(ii) of this subparagraph
may
[
will
] be allowed:
(F)
]
Comparable Costs - In
determining the reasonableness of costs, the Commission or Commission Staff
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 WSPs within the COG region.
[
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.
]
(C)
] equipment capabilities of receiving
and displaying callback number and cell site/sector information;
(D)
] ability to transfer the wireless
E9-1-1 call
;
[
.
]
as referenced in paragraph (8) of this subsection,
Reasonable Cost Elements.
]
as provided in CSEC §251.6 of this
title, and as established through Commission wireless testing policies and
procedures that meet or exceed FCC guidelines.
The COG shall maintain
documentation of
initial, maintenance and
regularly scheduled testing
and notify the Commission of any on-going, negative outcomes.
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.
]
(A)
] of this subsection and prior to executing a standardized
Wireless
[
contract for wireless
] E9-1-1
Service Agreement
[
service
], the COG shall submit such proposals, as described
above in Section 13, to the Commission for approval, via the strategic plan
review and/or amendment process described in §251.6. 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.
Contract
] -- Upon review and approval
by [
ACSEC
],
the Commission, Commission Staff, or Commission
rule, the
COG and WSP shall enter into a standardized Wireless E9-1-1
Service Agreement. The standard
agreement
[
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
agreements
[
contracts
] before they are executed
, amended, or renewed
. COG shall
provide the Commission a copy of all fully executed
agreements
[
contracts
].
Part 15.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION