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 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The proposed rule would modify parts of the rule that have become outdated since the rule was last adopted and that would benefit from revision in light of modifications, clarifications, priorities, and rulings by the Federal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 in Docket number 94-102 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.

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.

Comments on the proposed rule may be submitted in writing within 30 days after publication of the proposal in the Texas Register to Paul Mallett, 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, 771.055, 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 the proposed amendment.

§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 [ 771.055 ], and Chapter 772, Subchapter B, C, [ or ] D, or F 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 , or F .

(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 a 10-digit routable, but not necessarily dialable, number translated from a cell sector identifier at the SCP that is used by the selective router to route wireless E9-1-1 calls to the appropriate PSAP. The ESRK is also the search-key for the mating of data that is provided to a PSAP by different paths, such as via the voice path and ALI data path. In daily use, the term ESRK is used to distinguish operational environments where the routing digits are assigned on a per destination PSAP basis as opposed to a per origination cell sector basis, which is the strict technical definition of an ESRD.

(21) [ (20) ] FCC--The Federal Communications Commission.

(22) [ (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.

(23) [ (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.

(24) [ (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.

(25) [ (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.

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

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

(29) [ (27) ] National Emergency Number Association (NENA).

(30) [ (28) ] NENA 02-010 [ 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) ].

(31) [ (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.

(32) [ (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 key (ESRK) [ digit (ESRD) ], not a MDN. Where SS7 signaling (or other facility with 20-digit signaling capability) is in place, the MDN as well as the ESRK may be delivered over the voice path. 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.

(33) [ (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 ].

(34) [ (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.

(35) [ (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."

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

(37) [ (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.

(38) [ (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.

(39) [ (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.

(40) [ (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.

(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) [ (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.

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

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

(45) [ (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.

(46) [ (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.

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

(48) [ (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 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 RPC [ 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:

(1) Commission Survey and Review--Prior to any wireless E9-1-1 Service implementation in any RPC [ 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 RPCs [ regional councils (COGs) ], and notify the RPCs [ 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 requesting [ 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) the RPC 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 [ sufficient funding mechanism for the recovery of all reasonable costs relating to the provisioning of such service is in place ];

(B) the PSAPs administered by the RPC [ 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 ;

[ (C) 9-1-1 entity requests such service in writing from the service provider; ]

(C) 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 for the PSAP to receive and use the wireless E9-1-1 Phase I information;

(D) that the RPC 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;

(E) If the Commission or Commission Staff makes the request to the WSP for Phase I service on behalf of the RPC or approves in writing the RPC's request to the WSP for Phase I service, then the RPC shall be deemed in compliance by the Commission with subparagraphs (A) and (C) of this paragraph for the purposes of this rule.

[ (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 [ 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 requesting [ 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) the RPC 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) [ (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);

(C) [ (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

(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 for the PSAP to receive and use the wireless E9-1-1 Phase I information.

(E) If the Commission or Commission Staff makes the request to the WSP for Phase II service on behalf of the RPC or approves in writing the RPC's request to the WSP for Phase II service, then the RPC shall be deemed in compliance by the Commission with subparagraphs (A) and (D) of this paragraphs for purposes of this rule.

[ (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 [ 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 should [ are ] also [ responsible for ensuring that the deployment and implementation of ] expend good faith efforts to make 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 , 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.

(5) Deployment--Unless otherwise approved by the Commission or Commission Staff as an exception , the RPC [ 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:

(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 RPC [ 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 RPC [ 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; and

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

(7) Standards--Unless an exception is approved by the Commission, the RPC [ 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 02-010 [ 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 RPC's [ 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 standard Wireless [ wireless ] E9-1-1 Service [ service ] Agreement [ contract. ] ; and

(G) The Commission may approve exceptions to the above standards upon demonstration by the WSP and the RPC [ PSAP ] of valid reasons and comparable efficiency and cost.

(8) Reasonable Cost Elements-- The Commission will consider that the costs to be incurred by the RPC 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 [ entity ] may include the following listed in subparagraphs (A)- (C) [ (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) Dedicated transport from [ 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 ;

[ (ii) From selective router to PSAP;]

[ (iii) From PSAP to ALI Database;]

(ii) [ (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 ;

(iii) [ (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

[ (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 (i)-(ii) of this subparagraph may [ will ] be allowed:

(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) [ (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. [ 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 RPC [ 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 RPC [ 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) ] equipment capabilities of receiving and displaying callback number and cell site/sector information;

(C) [ (D) ] ability to transfer the wireless E9-1-1 call ; [ . ]

(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 database delivery ability and accuracy of any new cell sites or maintenance sites, that may be added by a WSP in any particular region. The RPC [ 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. ] as provided in CSEC §251.6 of this title, and as established through Commission wireless testing policies and procedures that comply with and supplement FCC guidelines. The RPC [ COG ] shall maintain documentation of initial, maintenance 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 RPC, WSP, local service provider, and any relevant third party shall provision E9-1-1 service in the RPC 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. [ 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. ]

(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 RPC [ 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 RPC [ 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 RPC [ COG ]. Unless otherwise confidential by law, all information provided to the RPC [ 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) [ (A) ] of this subsection and prior to executing a standardized Wireless [ contract for wireless ] E9-1-1 Service Agreement [ 9-1-1 service ], the RPC [ 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. Strategic Plan amendment requests should include all of the information provided by WSP to RPC [ 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) Execution of Standardized Wireless E9-1-1 Service Agreement [ Contract ]--Upon review and approval by [ ACSEC ], the Commission, Commission Staff, or Commission rule, the RPC [ 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 . RPC [ COG ] shall provide the Commission a copy of all fully executed agreements [ 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 May 24, 2002.

TRD-200203229

Paul Mallett

Executive Director

Commission on State Emergency Communications

Earliest possible date of adoption: July 7, 2002

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