TITLE 1.ADMINISTRATION

Part 12. COMMISSION ON STATE EMERGENCY COMMUNICATIONS

Chapter 251. REGIONAL PLANS--STANDARDS

1 TAC §251.6

The Commission on State Emergency Communications (CSEC) proposes amendment to §251.6, concerning guidelines for submission requests from councils of governments on strategic plans, amendments and allocation of equalization surcharge funds.

In response to a previous posting of Rule 251.6, the Texas Association of Regional Councils (TARC) requested that CSEC staff examine industry trends and costs for recording equipment in today's environment. A Recorder Working Group was formed, consisting of CSEC staff and TARC representatives. The Group conducted an informal survey of the channel requirements for a typical PSAP, both in rural and more highly populated regions. The results showed that in today's environment, PSAPs require more channels to be recorded. Emergent technologies such as Voice Over Internet Protocol and telematics (GPS based vehicle emergency notification systems) deliver calls to PSAP administrative lines. PSAPs record their 9-1-1 lines, administrative lines, radio channels, fire, and EMS, in many cases with multiple channels for each. A typical 2 position PSAP requires 12 or more channels to be recorded. Larger PSAPs record up to 48 channels.

The amendment proposes to remove the number of channels restriction; raise the price cap to $15,000 for a two-position PSAP and $25,000 for PSAPs with three or more positions; and remove the requirement for submission of a recorder worksheet.

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 system for funds allocation and implementation levels for the 9-1-1 program statewide. 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 amendment 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 amendment is proposed pursuant to the Texas Health and Safety Code, Chapter 771, §§771.051, 771.071, 771.0711, 771.072, and 771.075; and Title 1 Texas Administrative Code, Part 12, Chapter 251, Regional Plan Standards, which provide the Commission on State Emergency Communications with the authority to plan, develop, fund, and provide provisions for the enhancement of effective and efficient 9-1-1 service.

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

§251.6.Guidelines for Strategic Plans, Amendments, and Revenue Allocation.

(a) - (h) (No change.)

(i) Funding Parameters. The Commission will look favorably on plan amendments for tandem and/or database service arrangements and ancillary equipment that will improve the effectiveness and reliability of 9-1-1 call delivery systems. This will include the following when the equipment is for 9-1-1 call delivery: surge protection devices, uninterrupted power source (UPS), power backup, voice recorders, paging systems for 9-1-1 call delivery, security devices, and other back-up communication services. Regions shall refer to the strategic planning guidelines for instructions as to the appropriate budget line item to which the costs for purchase and maintenance of these items should be assigned.

(1) (No change.)

(2) Voice Recording Equipment. Voice loggers may be approved when the primary use of the equipment is in support of the 9-1-1 call-taking and call-delivery function. Extra capacity on such systems may be used for other public safety functions (such as dispatch) . [ ; however, 9-1-1 funding will not be authorized for systems whose capacity clearly exceed actual or anticipated 9-1-1 requirements. Shared funding of larger systems to accommodate both a 9-1-1 PSAP and a PSAP operating agency's other needs will be considered on a case-by-case basis. Other considerations include: ]

(A) The Commission will normally fund voice recording capability in a PSAP to record the conversation on 9-1-1 lines and administrative or 10-digit emergency lines in order to also accommodate wireless, telematics, and Voice over IP 9-1-1 emergency calls. [ each answering position used to answer emergency calls on a regular basis. (This means one recording channel per 9-1-1 answering position instead of one channel per incoming line.) ]

(B) The Commission will also fund recording capability to record the transfer of an emergency call from the PSAP first answering the call to the agency that is responsible for providing the required emergency services. [ This recording capability will be limited to the minimum amount required to record the transfer of the caller and relaying of information to the service provider. ]

[ (C) The Commission will fund the purchase of voice recorders as justified, to record 9-1-1 call delivery. Call volumes requiring recording in excess of 90 minutes per day will normally be required to justify larger systems. ]

(C) [ (D) ] The funding of recording devices to transfer information from another recorder will be approved only upon specific justification of need.

[ (E) Funding for search capability for recorders will be limited to the ability to locate an event by date and time. ]

[ (F) The Commission will not normally fund the purchase of both voice logging recorders and instant playback recorders in the same location. ]

(D) [ (G) When the operator of a 9-1-1 PSAP and the providers of emergency services desire to use the same recording equipment funded by regional strategic plan, ] The [ the ] following guidelines will apply to determine the amount to be funded by the Commission: For a 2 position PSAP, the Commission will fund the actual cost of the recording system not to exceed $15,000. For PSAPs with 3 positions or more, the Commission will fund the actual cost of the recording system not to exceed $25,000.

[ (i) When the minimum size of recorder that can be purchased to serve the PSAP provides more channels than are needed by the PSAP to record the delivery of 9-1-1 calls, the other agency may use the extra channels and all funding will be provided by the Commission. ]

[ (ii) When the PSAP requires a given size of recording equipment, and the other agency requires additional channels, the Commission will fund the size of recording equipment needed to record only the delivery of 9-1-1 calls, and the other agency will fund all additional equipment. ]

[ (iii) When the recording requirements of the other agency requires additional features or capabilities than would be required by the PSAP alone, the Commission will fund the equivalent amount of the system needed to serve the 9-1-1 functions of the PSAP alone. For instance, if the PSAP could use a recording system to record the delivery of 9-1-1 calls, but another agency needs to record a radio channel that requires the capacity of a larger recorder, the Commission will fund the equivalent cost of the smaller system. ]

[ (H) To assist the Commission in reviewing and approving requests for funding for voice recording devices for 9-1-1 call delivery, requests for funding should include a worksheet, provided by the Commission , for each PSAP location. ]

[ (I) In reviewing requests for recording systems, the Commission will award funding, when justified, for the actual costs of basic recording systems not to exceed $10,000 on 4-channel or equivalent systems, and not to exceed $20,000 on up to 10-channel or equivalent recording systems. Requests for any other recording systems will require separate approval by the Commission. ]

(E) [ (J) ] The Commission will consider funding of recording capabilities greater than those suggested by the guidelines when sufficient justification is provided as part of a regional strategic plan.

(j) (No change.)

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 2, 2005.

TRD-200501769

Paul Mallett

Executive Director

Commission on State Emergency Communications

Earliest possible date of adoption: June 12, 2005

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