TITLE 1.ADMINISTRATION

Part 12. COMMISSION ON STATE EMERGENCY COMMUNICATIONS

Chapter 251. REGIONAL PLANS--STANDARDS

1 TAC §251.2

The Commission on State Emergency Communications (CSEC) proposes an amendment to §251.2, concerning guidelines for changing or extending 9-1-1 service arrangements. The section provides guidance and minimum standards to ensure the reliability and integrity of 9-1-1 telecommunications services were maintained through any of these types of changes.

The purpose of this rule continues to be valid because technology continues to advance and change rapidly. However, there are some modifications that need to be made in order to bring the rule in line with current Commission policies and procedures. Specifically, the proposed revisions would (1) Change the language regarding amendments - the rule currently requires prior approval for any service arrangement changes or extension; current policy only requires a notification amendment; and (2) reflect updated languages and definitions to bring the rule in line with other current rules.

If the proposed changes are adopted, CSEC staff would also make the appropriate changes to the model wireless notification and certification format to include the appropriate notification amendment requirements. This would combine the certification and amendment process for wireless service implementations, and would eliminate duplicate work for the RPCs.

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 has determined that for each year of the first five years the section is to be in effect, the public benefit anticipated as a result of enforcing the section will be the reliability and integrity of 9-1-1 telecommunications services. 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 amendments are proposed under Health and Safety Code, Chapter 771, Sections 771.051, 771.055 and 771.056; and the Texas Administrative Code, Part 12, Chapter 251, Regional Plan Standards, which provide the Commission on State Emergency Communications with the authority to administer and implement 9-1-1 emergency communications.

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

§251.2.Guidelines for Changing or Extending 9-1-1 Service Arrangements.

(a) Definitions. When used in this rule, the following words and terms shall have the meanings identified in paragraphs (1)- (21) [ (5) ] of this subsection, unless the context of the word or term clearly indicates otherwise.

(1) 9-1-1 Administrative Entity--A municipality, a county, an emergency communication district (District), a regional planning commission (RPC) or any other political subdivision that provides 9-1-1 administrative services [ Automatic Number Identification (ANI) - A system which permits the identification of the caller's telephone number. For purposes of this rule, the term has the same meaning as in 47 C.F.R. §20.18 ].

(2) 9-1-1 Funds--Funds assessed and disbursed in accordance with the Texas Health and Safety Code, Chapter 771 [ Emergency Communications District - A public agency or group of public agencies acting jointly that provided 9-1-1 service before September 1, 1987, or that had voted or contracted before that date to provide that service; or a district created under Texas Health and Safety Code, Chapter 772, Subchapters B, C, D, or E ].

(3) 9-1-1 Database--An organized collection of information, which is typically stored in computer systems that are comprised of fields, records (data), and indexes. In 9-1-1, such databases include master street address guides (MSAG), telephone numbers, emergency service numbers (ESN), and telephone customer records. This information is used for the delivery of location information to a designated public safety answering point (PSAP). Use of the 9-1-1 database must be authorized by the Commission on State Emergency Communications (Commission) and the RPC. The database is developed and maintained by the local government agency and/or the RPC as described within the regional strategic plan in accordance with Commission Rule 251.9 of this title (relating to Guidelines for Database Maintenance Funds). [ Pseudo Automatic Number Identification (Pseudo ANI) - A system which identifies the location of the base station or cell site through which a mobile call originates. For purposes of this rule, the term has the same meaning as in 47 C.F.R. §20.18. ]

(4) 9-1-1 Equipment and Services--Equipment and services 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 wireline or wireless call to an appropriate PSAP [ Regional Strategic Plan - A plan for the establishment and operation of 9-1-1 service throughout the region that regional planning commission serves. The plan must meet the standards established by and be amended in accordance with the standards established by the Advisory Commission on State Emergency Communications ].

(5) 9-1-1 Network Provider--The current operator of the selective router/switching that provides the interface to the public safety answering point (PSAP) for 9-1-1 service [ Regional Planning Commission (RPC) - A commission established under Local Government Code, Chapter 391, also referred to as a regional council of governments (COG) ].

(6) Automatic Location Identification (ALI)--A system that enables the automatic display at the PSAP of the caller's telephone number, the address/location of the telephone, and supplementary emergency services information.

(7) Automatic Number Identification (ANI)--A system which permits the identification of the caller's telephone number. For purposes of this rule, the term has the same meaning as in 47 C.F.R. §20.18.

(8) Customer Premise Equipment (CPE)--The terminal equipment at a PSAP or secondary answering location.

(9) Competitive Local Exchange Carrier or Certified Local Exchange Carrier (CLEC)--Another name for a local exchange carrier (LEC) after Congress, in 1996, passed a law to bring competition to local telephone services.

(10) Emergency Communications 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, Subchapters B, C, D, or E.

(11) Local Exchange Carrier (LEC)--A Telecommunications Carrier (TC) under the state/local Public Utilities Act that provides local exchange telecommunications services. Also known as Incumbent Local Exchange Carriers (ILECs), Alternate Local Exchange Carriers (ALECs), Competitive Local Exchange Carriers (CLECs), Competitive Access Providers (CAPs), Certified Local Exchange Carriers (CLECs), and Local Service Providers (LSPs).

(12) Local Number Portability (LNP)--A process by which a telephone number may be reassigned from one Local Exchange Carrier to another.

(13) Private Switch Emergency Service (PS9-1-1)--A service offering which enables either ANI or ALI to be provided to a PSAP when a 9-1-1 call originates from Direct Inward Dialing (DID) stations served by a private switch, e.g., a PBX. PS9-1-1 is offered to governmental entities such as RPCs, Districts, counties, and cities that provide emergency response services.

(14) 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, Chapter 771.

(15) Regional Strategic Plan--A plan for the establishment and operation of 9-1-1 service throughout the region that a RPC serves. The plan must meet the standards established by and be amended in accordance with the standards established by the Commission.

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

(17) Selective Router Tandem (SR)--A switching office placed in front of a set of PSAPs that allows the routing of 9-1-1 calls to the proper PSAP.

(18) Service Provider--A company providing a telephone service or a commercial mobile radio service (CMRS) to a service user.

(19) Wireless E9-1-1 Phase I Service--The service by which the wireless service provider (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 administrative entity.

(20) Wireless E9-1-1 Phase II 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.

(21) Wireless Service Provider--The wireless service provider and all its affiliates, collectively referred to as "WSP."

(b) Policy and Procedures. As authorized by Health and Safety Code, Chapter 771, the [ Advisory ] Commission on State Emergency Communications (Commission) may impose 9-1-1 emergency service fees and equalization surcharges to support the planning, development, and provision of 9-1-1 service throughout the State of Texas. The Commission is responsible for administering the implementation of statewide 9-1-1 service. The Commission is also responsible for minimum performance standards for the operation of 9-1-1 service to be followed in developing regional plans. One of the most fundamental components of any 9-1-1 service operation and any regional strategic plan is how the 9-1-1 service will be provided by the telecommunications service provider(s) directly connecting to the Public Safety Answering Point (PSAP). Changing the tandem and/or database service arrangements for direct connection to the PSAP, adding additional tandem, wireless, private switch , competitive local exchange (CLEC), and/or database service providers, or extending current service arrangements for a fixed period may potentially adversely affect the level, quality, and costs of 9-1-1 service and may also potentially adversely effect other service providers that rely on another service provider for interconnection to the PSAP (e.g., other service providers need to know which provider to send Automatic Number Identification (ANI) information and Automatic Location Information (ALI) records, the format for ALI records, the procedures for modifying 9-1-1 database information, and how 9-1-1 service will be provided to their end-user customers). It is the policy of the Commission that the highest level of 9-1-1 emergency service continues to be provided notwithstanding the new competitive telecommunications environment. Therefore, any agreement by a RPC [ regional planning commission ] with a service provider to change or to extend 9-1-1 service arrangements for a fixed period requires RPC notification to the Commission [ must be made contingent upon final approval ] of a regional strategic plan amendment. For Districts [ emergency communication districts ] requesting 9-1-1 funds in accordance with established rules and procedures for 9-1-1 service arrangements, the extent to which the guidelines below are satisfied may be considered in allocating equalization surcharges.

(c) Guidelines.

(1) Changes or extensions of 9-1-1 service arrangements must include the following:

(A) The service provider making the proposal to the RPC [ regional planning commission ] or District [ emergency communications district ] verifies in writing, as part of the proposed agreement, that:

(i) Reasonable notice of the proposal (i.e., at least 10 days before a joint planning meeting) has been provided to the current service provider (if a change in service providers is involved) and to other potentially affected service providers.

(ii) The service provider also verifies that at least one joint planning meeting occurred with at least 10 days notice to all affected service providers that they may participate in the joint planning meeting;

(iii) As a result of the joint planning meeting either each technical issue or objection by other service providers has fully been resolved or an impartial statement of each unresolved issue or objection has been provided. (A joint planning meeting is open to evaluate all alternatives and is not limited to a discussion of one service provider's proposal.)

(iv) An inventory of each affected exchange, central office, tandem, private switch, PBX, or Mobile Telephone Switching Office (MTSO) has been provided to all affected service providers and the RPC/District that is involved.

(v) Cost verification of all costs under the proposal and an itemized comparison with all costs under current rates (e.g., itemized list and comparison of all charges for each level of service, for all database service, etc.) Any and all changes in E9-1-1 or 9-1-1 service features (i.e., all additional service features or reductions in service features that may result from the proposal) must be clearly specified. The service provider must also explain the justifications for any and all changes and why those changes do not degrade the level of 9-1-1 service and are consistent with providing the highest level of 9-1-1 service to all customers.

(vi) The service provider shall take full responsibility to professionally and timely coordinate all 9-1-1 service changes and modifications with all wireline, wireless, database and private switch service providers involved in the geographic area.

(vii) The service provider shall verify/certify that any necessary new or modified interconnection agreements relating to 9-1-1 service will be approved by the Public Utility Commission of Texas before the effective date of the proposed agreement and as necessary thereafter.

(viii) The proposal includes a statement of work to be performed that includes:

(I) an implementation schedule;

(II) diagrams of all proposed changes;

(III) how testing will be conducted and documented;

(IV) contingency plans and physical diversity;

(V) how interfaces with other service providers will be accomplished and coordinated;

(VI) a comprehensive list of all components and processes necessary for implementation;

(VII) a comprehensive list of all components and processes necessary for database service implementation, including Emergency Service Number (ESN) [ (ESNs) ] assignments, Master Street Address Guide (MSAG) revisions, selective routing tables, Emergency Service Routing Digit (ESRD), wireless cell site locations and distribution to other service providers;

(VIII) an outline of all associated costs; and

(IX) an explanation of any potential Customer Premises Equipment (CPE) impacts, or necessary modifications.

(ix) The proposal provides for wireless service providers [ that are wireless carriers ] to be able to deliver wireless [ pass ] Phase I or wireless [ callback and ] Phase II [ geographic location ] information[ . ] on [ On ] request, and any modifications necessary to deliver [ pass ] callback and location information on or before the deadlines as required by the Federal Communications Commission [ Commission's eighteen month deadline in 47 C.F.R. §20.18(d) will be specified ].

(x) The proposal provides for and enables long-term number portability (LNP) or that any modifications necessary for LNP [ long-term number portability ] will be specified.

(xi) The proposal specifies any additional costs to any PSAP or 9-1-1 entity for any modifications necessary during the period of the agreement because of Number Plan Area (NPA) splits and/or existing tandem or other network limitations.

(xii) The proposal provides that there will be no additional costs to any PSAP or 9-1-1 entity to maintain the current level of E9-1-1 service, except as specifically set forth in an itemized list that is part of the proposed agreement.

(xiii) No further agreement by the RPC [ regional planning commission ] is necessary to implement the proposal (e.g., the service provider and not the RPC [ regional planning commission ] is responsible for any and all coordination with other parties or service providers that may be necessary to implement the proposal).

(xiv) A most favored nation provision (i.e., a provision that requires the best price provided to any other similarly situated entity in Texas for comparable service) is included in the agreement and the service provider will automatically reduce the rates and charges in the agreement if comparable service is offered in Texas at a lower rate or charge by that service provider to any similarly situated other PSAP or 9-1-1 entity.

(xv) The service provider will comply with all applicable law, Commission and Public Utility Commission of Texas rules or regulations relating to 9-1-1 service.

(B) The RPC providing notification of [ regional planning commission requesting ] the plan amendment verifies in writing, as part of the [ proposed plan ] amendment, that:

(i) Competitive procurement procedures were used or an explanation of the applicability of an exception to competitive procurement requirements;

(ii) All neighboring or adjacent 9-1-1 entities that could potentially be affected by the [ requested ] plan amendment have been provided a copy of the plan amendment either before or concurrently with the filing of the plan amendment with the Commission;

(iii) All appropriate modifications are made to current interlocal agreements; and

(iv) All changes are reflected in the current regional strategic plan including narrative descriptions of the changes and schematics of affected equipment and network components.

(2) Districts [ Emergency communication districts ] requesting 9-1-1 funds in accordance with established rules and procedures for 9-1-1 service arrangements shall ensure that any changes or extensions of service arrangements meet or exceed the guidelines for RPCs [ regional planning commissions ] in this section.

(3) Annual budgeted costs associated with 9-1-1 service arrangements shall be monitored by Commission staff for consistency with this section. Such costs that are determined by Commission staff to not be consistent with this section shall be reviewed by the Commission.

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 April 21, 2003.

TRD-200302565

Paul Mallett

Executive Director

Commission on State Emergency Communications

Earliest possible date of adoption: June 1, 2003

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


1 TAC §251.7

The Commission on State Emergency Communications (CSEC) proposes amendments to §251.7, concerning the inclusion of third-party software applications into the 9-1-1 integrated workstation environment through expanded guidelines and provisions. Such applications include the graphical display of location information (mapped ALI), integrated Telecommunications Devices for the Deaf (TDDs), Texas Law Enforcement Teletype Services (TLETS), and other applications that could provide a direct benefit to emergency communications services.

The basic purpose of the rule is still valid, but the following modifications need to be made in order to bring the rule in line with current Commission policies and procedures: expanded and updated definitions; addition of Information Management to the list of allowable integrated services; inclusion of CPU, in addition to baseline memory, in the testing requirements; clarification as to when notification amendments and Commission approval are required; and clarification of integration of third-party applications vs. the installation of new equipment that includes these applications.

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, however, local governments may incur costs dependent upon the applications they choose to incorporate into the 9-1-1 workstation.

Mr. Mallett has determined that for each year of the first five years the section is to be in effect, the public benefit anticipated as a result of enforcing the section will be improved accountability and clarification of expanded guidelines and provisions for the use of third-party applications into 9-1-1 integrated workstation environment. No historical data is available, however, there appears to be no direct impact on small or large businesses. There is no anticipated economic costs to individuals, as no individuals have a duty to comply with the rules 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 amendments are proposed under Health and Safety Code, Chapter 771, Sections 771.051, 771.055 and 771.056; and the Texas Administrative Code, Part 12, Chapter 251, Regional Plan Standards, which provide the Commission on State Emergency Communications with the authority to administer the implementation of statewide 9-1-1 service, to develop minimum performance standards for 9-1-1 service to be followed in developing regional plans, and to allocate money for the operation of 9-1-1 service.

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

§251.7.Guidelines for Implementing Integrated Services.

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

(1) 9-1-1 Database . An organized collection of information, which is typically stored in computer systems that are comprised of fields, records (data), and indexes. In 9-1-1, such databases include master street address guides (MSAG), telephone numbers, emergency service numbers (ESN), and telephone customer records. This information is used for the delivery of location information to a designated public safety answering point (PSAP). Use of the 9-1-1 database must be authorized by the Commission on State Emergency Communications (Commission) and the Regional Planning Commission (RPC). The database is developed and maintained by the local government agency or the RPC as described within the regional strategic plan in accordance with Commission §251.9 of this title (relating to Guidelines for Database Maintenance Funds). [ Record. A physical record which includes the telephone subscriber information to include the caller's telephone number, related location 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 Call Taking Position. Equipment acquired with 9-1-1 funds to answer the delivery of an emergency 9-1-1 call. The position is defined as the equipment necessary to answer the call, not the associated personnel. A position consists of a device for answering the 9-1-1 calls, a device to display 9-1-1 call information, and the related telephone circuitry and computer or router equipment necessary to ensure reliable handling of the 9-1-1 call. [ 9-1-1 Equipment. Capital equipment acquired partially or in whole with 9-1-1 funds and designed to support or facilitate the delivery of an emergency 9-1-1 call to an appropriate emergency response agency. ]

(4) Addressing [ Address ] Completion. A county addressing project that has developed a comprehensive MSAG, assigned street addresses and notified the residents of their 9-1-1 address, provided the MSAG and new or changed address information associated with the particular telephone numbers to the applicable telephone companies, submitted corrected address errors to the telco, and established a maintenance methodology in accordance with Commission §251.9 of this title (relating to Guidelines for Database Maintenance Funds) [ A county addressing project, based upon the inventory, has corrected address errors, notified all affected residents or address changes by the county addressing authority, provided all new or changed addresses to telephone companies and the post office, and established a maintenance method ].

(5) Address Maintenance Plan. A plan that identifies a cost effective program for the maintenance of addressing in a county. For regional planning commissions (RPC) this plan is part of a regional plan as described by the Texas Health and Safety Code, Chapter 771.

(6) 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 location information, data sets related to emergency service provider boundaries, as well as other associated data.

(7) Emergency Communications 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.

(8) Integrated Services. Primary or third party computer software applications that have been installed or implemented on an existing 9-1-1 call taking position's workstation that were not designed or intended for the workstation at the time of purchase or not loaded onto the workstation by the equipment vendor when originally installed at the PSAP. [ A level of service which, in an integrated fashion, combines features normally associated with 9-1-1 call delivery, including but not limited to automatic number identification (ANI), automatic location identification (ALI), selective routing capabilities (SR), and utilizes integrated enhancements to facilitate call delivery including, but not limited to digital mapping capabilities. Integrated services for this application is defined as incorporating multiple data signals into a single workstation ].

(9) Graphical Display of Location Information. The ability to display a map on a telecommunicator's terminal in response to a 9-1-1 call, or inquiry, that relates to the caller's location. Features may include the display of an address or geographic based coordinate locations, and the ability to zoom, pan and show other related geographical information or features.

(10) Geographic Information System (GIS). A system of computer hardware, software and procedures used to store, analyze, and display geospatial data and related tabular data in a geographic context to solve complex planning and management problems in a wide variety of applications [ A system necessary to map emergency service number (ESN) boundaries and reflect annexations and other feature changes; to list emergency service provider translations for ESNs, to provide and maintain master street guide (MSAG) format, validate and resolve database discrepancies; to project new addresses and block ranges as an initial assignment or correction for ongoing issuance of new addresses; and for locator maps for emergency services providers ].

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

(12) Regional Strategic Plans. A plan developed by each RPC for the establishment and operation of 9-1-1 service throughout the region that the RPC serves. The service and contents must meet the standards established by the Commission. [ Regional strategic 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 three years into the future, beginning September 1, 1994. Within the context of §771.056(d), the Advisory Commission on State Emergency Communications (ACSEC) shall consider any revenue insufficiencies to represent need for equalization surcharge funding support. ]

(13) Wireless Phase I E9-1-1 Service. The service by which the wireless service provider (WSP) delivers to the designated PSAP the wireless end user's call back number, cell site/sector information in accordance with Commission rule 251.10 of this title (relating to Guidelines for Implementing Wireless E9-1-1 Service) [ 9-1-1 Call. A call into a 9-1-1 system from an end user of two-way local wireless voice service available to the public from a commercial mobile radio service. The term includes any wireless two-way communication device provided by a mobile service or the functional equivalent of a mobile service ].

(14) Wireless 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.

(15) Wireless Service Provider - The wireless service provider and all its affiliates, collectively referred to as "WSP."

(b) Policy and Procedures. As authorized by the Texas Health and Safety Code, Chapter 771, the [ Advisory ] Commission on State Emergency Communications (Commission) may impose 9-1-1 emergency service fees and equalization surcharges to support the planning, development, and provision of 9-1-1 service throughout the state of Texas. The implementation of such service involves the procurement, installation and operation of equipment designed to either support or facilitate the delivery of an emergency call to an appropriate emergency response agency. In addition, the Commission has funded addressing projects throughout the state to allow for the implementation of Automatic Location Identification (ALI) level of service [ and the implementation of a wireless 9-1-1 solution ]. In the funding of such projects, it has been the policy of the Commission to fund geographic information systems and the development of digital maps to support such activities. The Commission recognizes the rapidly changing telecommunications environment in wireline and wireless services and its impact on 9-1-1 emergency services. Integration of new technology and 9-1-1 functionality are enhancing and 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 integrated services funded in part or in whole by the 9-1-1 funds referenced in this section [ subsection (1)(2) of this section ]. Integrations scheduled in a region's approved Regional Strategic Plan do not require separate Commission approval for implementation. Integrations approved in the Regional Strategic Plan do require that the RPC submit a notification amendment and testing documentation to the Commission as verification of compliance with this rule. When a region desires to implement an integrated service that was not considered in its Regional Strategic Plan or is not listed in paragraph (1)(A) of this subsection, then Commission approval must be obtained before procurement. [ Prior to money being considered for allocation for implementation of integrated services for a county system, a COG ] A RPC, [ and/ ]or District receiving equalization surcharge funds from the Commission shall meet the following requirements listed in paragraphs (1)-(2) of this subsection:

(1) Integrated Services

(A) Personal Computer (PC) based Integrated Workstation (IWS) 9-1-1 call-taking equipment has the capability of expanding the traditional 9-1-1 Automatic Number Identification (ANI) and Automatic Location Identification (ALI) feature functionality to allow for additional [ third-party ] public safety software applications. The Commission is supportive of such advancement in emergency services call-taking capabilities; however, to ensure the integrity of 9-1-1 is maintained, only the following features listed in clauses (i)-(viii) [ (i)-(x) ] of this subparagraph are eligible integrated services:

[ (i) Automatic Number Identification;]

[ (ii) Automatic Location Identification;]

(i) [ (iii) ] Expanded and/or Supplemental Location Information;

(ii) [ (iv) ] Call Recording and Playback;

[ (v) Telecommunication Devices for the Deaf (TDD/TTY);]

(iii) [ (vi) ] Paging;

(iv) [ (vii) ]Texas Law Enforcement Teletype Services (TLETS);

(v) [ (viii) ] Computer Aided Dispatch Gateway;

(vi) [ (ix) ] Graphical/Mapping Displaying of Location; [ and ]

(vii) [ (x) ] Call Handling Protocols ; and [ . ]

(viii) Information Management.

(B) Integrated services other than the applications listed in clauses (i)-(viii) [ (i)-(x) ] of Subparagraph (A) must have a demonstrated applicability to the direct provisions of delivering 9-1-1 and emergency call-taking services and will require Commission approval . [ Services not directly related to 9-1-1 call delivery, such as administration, information management, and entertainment will not be authorized for integration into the IWS 9-1-1 call-taking equipment. ]

(C) Prior to integrating and deploying the expanded [ third-party ] applications onto a IWS 9-1-1 call-taking environment, [ the RPC must notify the Commission of such intentions, in the form of a regional strategic plan amendment. The ] the following listed in clauses (i)-(iii) of this subparagraph must be demonstrated to the Commission to ensure the stability and reliability of the 9-1-1 system:

(i) Documented "Lab" testing shall be completed by the IWS Vendor and RPCs or Districts [ RPC ] demonstrating the successful integration of the authorized [ third-party ] applications. Test scenarios should include documentation of the operating system requirements, detailed functionality results as each application is integrated and evaluated independently, and load testing results of all systems operating together on the IWS workstation.

(ii) Baseline memory and CPU usage of the operating system should maintain the "80/20" performance rule, thereby demonstrating that 80% of the total memory and CPU is available to the operating system applications, while 20% of the total memory and CPU remains unused. The installation and use of [ third-party ] software should not[ ,in any way, ] lead to the degradation of equipment or services subsequent to the installation of the ancillary software.

(iii) Documented "Live" testing in a PSAP shall also be completed by the IWS Vendor with cooperation and coordination by the RPC [ COG ] or District, demonstrating the successful integration of the authorized [ third-party ] applications. Test scenarios should include documentation of the operating system requirements, detailed functionality results as each application is integrated and evaluated independently, and load testing results of all systems operating on the IWS workstation, as well as a standardized set of basic call-taking functions. [ A minimum testing period of one week prior to the cut over of the newly integrated system is required. ]

(D) Operating procedures should be established by the RPC [ COG and/ ] or District , and security measures taken and demonstrated , to ensure that non-Commissioned-approved [ third-party ] software applications cannot be integrated into the IWS platform.

[ (E) Documentation of all testing shall be provided to the ACSEC prior to funding of any integrated services.]

(2) Graphical Display (Mapped ALI and Wireless Phase II) .

(A) Prior to the implementation of graphical display of location information for a county system, a RPC [ and/ ]or District shall meet the following requirements listed in clauses (i)-(iii) of this subparagraph:

(i) Complete the county addressing project.

(ii) Develop a digital map in accordance with standards to be determined by the Commission .

(iii) Establish and adopt a maintenance plan of the county digital map, county addressing project, and the associated county 9-1-1 database [ records ].

(B) The maintenance plan shall be provided to the Commission in conjunction with strategic plan annual review or District [ district ] requests submitted to the Commission following the adoption of this rule in accordance with established Commission policy.

(C) Annual budgeted costs associated with authorized integrated services, as outlined in this rule, shall be monitored by the Commission staff for consistency with approved maintenance plans and systems costs. Such costs that are determined by Commission staff to not be consistent with the approved strategic plan, shall be presented for review and approval by the Commission.

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 April 21, 2003.

TRD-200302566

Paul Mallett

Executive Director

Commission on State Emergency Communications

Earliest possible date of adoption: June 1, 2003

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


Chapter 253. PRACTICE AND PROCEDURE

1 TAC §§253.1 - 253.31

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Commission on State Emergency Communications or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The Commission on State Emergency Communications (CSEC) proposes to repeal §§253.1-253.31, concerning Practice and Procedure, Resolution Process and Procedural Rules. This chapter is being proposed for review elsewhere in this issue of the Texas Register .

Sections 253.1-253.30, which address billing and collection procedures and the processing of contested cases are no longer applicable to the CSEC. The responsibility for billing and collection was transferred from the CSEC to the Comptroller's Office during the 77th Legislative session. Therefore, there is no need for CSEC to continue those sections.

Section 253.31, Petitions for Rulemaking Before the Commission, continues to be applicable to CSEC and is being proposed for repeal in order to be proposed as new §253.1. The section provides a process for any interested persons to petition the commission requesting the adoption of a new rule or the amendment of an existing rule and for Commission initiated rulemaking.

Paul Mallett, executive director, has determined that for the first five-year period the repealed action is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the repeals.

Mr. Mallett has determined that for each year of the first five years the repealed action is to be in effect, the public benefit anticipated as a result of enforcing the repeals will be the reliability and integrity of 9-1-1 telecommunications services. 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 repeals as proposed. There is no anticipated local employment impact as a result of enforcing the repeals.

Comments on the proposed repeals 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 repeals are proposed under Health and Safety Code, Chapter 771, §§771.051, 771.055 and 771.056; and the Texas Administrative Code, Part 12, Chapter 251, Regional Plan Standards, which provide the Commission on State Emergency Communications with the authority to administer and implement 9-1-1 emergency communications.

No other statute, article, or code is affected by these repeals.

§253.1.Intent, Scope, and Construction of Rules.

§253.2.Definition of Terms.

§253.3.Informal Collection Procedures by the Commission.

§253.4.Jurisdiction.

§253.5.Powers and Duties of the Administrative Law Judge.

§253.6.Substitution of Administrative Law Judge.

§253.7.Appearance of Parties at Hearings; Representation.

§253.8.Filings.

§253.9.Discovery.

§253.10.Prehearing Conferences.

§253.11.Orders.

§253.12.Settlement Conferences.

§253.13.Stipulations.

§253.14.Form of Pleadings.

§253.15.Motions.

§253.16.Waiver of Right To Appear.

§253.17.Conduct of Hearings.

§253.18.Telephone Hearings.

§253.19.Evidence.

§253.20.The Record.

§253.21.Proposal for Decision.

§253.22.Filing of Exceptions and Replies.

§253.23.Commission's Orders.

§253.24.Rehearing.

§253.25.Judicial Review.

§253.26.Administrative Finality.

§253.27.Effective Date of Order.

§253.28.Emergency Order.

§253.29.Show Cause Orders and Complaints.

§253.30.Appeals.

§253.31.Petitions for Rulemaking before the Commission.

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 April 21, 2003.

TRD-200302567

Paul Mallett

Executive Director

Commission on State Emergency Communications

Earliest possible date of adoption: June 1, 2003

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


1 TAC §253.1

The Commission on State Emergency Communications (CSEC) proposes new §253.1, concerning concerning Practice and Procedure, Resolution Process and Procedural Rules. This chapter is being proposed for review elsewhere in this issue of the Texas Register .

Section 253.31, Petitions for Rulemaking Before the Commission, continues to be applicable to CSEC and is being proposed for repeal in order to be proposed as new §253.1. The section provides a process for any interested persons to petition the commission requesting the adoption of a new rule or the amendment of an existing rule and for Commission initiated rulemaking.

Paul Mallett, executive director, has determined that for the first five-year period the new section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Mr. Mallett has determined that for each year of the first five years the section is to be in effect, the public benefit anticipated as a result of enforcing the section will be the reliability and integrity of 9-1-1 telecommunications services. 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 section 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 new section is proposed under Health and Safety Code, Chapter 771, §§771.051, 771.055 and 771.056; and the Texas Administrative Code, Part 12, Chapter 251, Regional Plan Standards, which provide the Commission on State Emergency Communications with the authority to administer and implement 9-1-1 emergency communications.

No other statute, article, or code is affected by the section.

§253.1.Petitions for Rulemaking before the Commission.

(a) Petition for Rulemaking. Any interested person may petition the commission requesting the adoption of a new rule or the amendment of an existing rule.

(1) The petition shall be in writing and shall include a brief explanation of the rule, the reason(s) the new or amended rule should be adopted, the statutory authority for such a rule or amendment, and complete proposed text for the rule. The proposed text for the rule shall indicate by striking through the words, if any, to be deleted from the current rule and by underlining the words, if any, to be added to the current rule.

(2) Upon receipt of a petition for rulemaking by the agency, the executive director of the commission or his or her designee shall submit a notice for publication in the miscellaneous documents section of the Texas Register . The notice shall include a summary of the petition, the name of the individual, organization or entity that submitted the petition, and notification that a copy of the petition will be available for review and copying at the commission's offices. Comments on the petition shall be due three weeks from the date of publication of the notice. Failure to publish a notice of a petition for rulemaking in the Texas Register shall not invalidate any commission action on the petition for rulemaking.

(3) Within 60 days after submission of a petition, the commission either shall deny the petition in writing, stating its reasons for the denial, or shall initiate rulemaking proceedings. If the commission does not consider and address the petition in an open meeting during the 60 days, the executive director of the commission shall initiate rulemaking proceedings.

(b) Commission Initiated Rulemaking. The commission may initiate rulemaking proceedings on its own motion or on the motion of the executive director of the commission. Nothing in this section shall preclude the executive director of the commission or his or her designee from consideration or development of new rules or amendments to existing rules without express direction from the commission.

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 April 21, 2003.

TRD-200302568

Paul Mallett

Executive Director

Commission on State Emergency Communications

Earliest possible date of adoption: June 1, 2003

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