Part 12. COMMISSION ON STATE EMERGENCY COMMUNICATIONS
The Commission on State Emergency Communications (CSEC) proposes an amendment to §255.4, concerning the definitions of a local exchange access line or equivalent local exchange access line.
The proposed amendments would further ensure parity amongst service providers in applying the rule and determining the appropriate amount of 9-1-1 emergency service fees to collect and remit; and eliminate an effective date that is no longer applicable.
Specifically, the proposed amendments would add subsection (c) to provide a methodology for calculating the emergency service fees to be collected and remitted when the actual number of local exchange access lines or equivalent local exchange access lines cannot be readily determined due to the nature of the transmission facilities; and eliminate the effective date for disallowing the use of the federal subscriber line charge as an alternative local exchange access line definition and including service providers discounted lines in the local exchange access line definition.
Paul Mallett, CSEC executive director, has determined that for each year of the first five years that the rule is in effect there will be no fiscal implications for state or local governments as a result of enforcing or administering the rule.
Mr. Mallett has also determined that for each year of the first five years the rule is in effect the public benefit expected as a result of enforcing the rule will be an improvement in the accuracy and parity of service providers collecting and remitting the wireline 9-1-1 emergency service fee. Mr. Mallett has also determined that there may be marginal increases in costs for some service providers are no anticipated economic costs to persons who are required to comply with the rule and there is no anticipated local employment or local economy impact. Mr. Mallett has determined that, although no historical data is available, there appears to be no direct effect on small or micro-businesses.
Comments on the amendment may be submitted in writing to Paul Mallett, Executive Director, Commission on State Emergency Communications, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942. Comments may also be submitted electronically to "info@csec.state.tx.us". For comments submitted electronically, please include "§255.4 amendments" in the subject line. The deadline for submission of comments is thirty (30) days from the date of publication of the proposal in the Texas Register. Comments should be organized in a manner consistent with the organization of the rule.
The amendments are proposed under Texas Health and Safety Code, Chapter 771, §§771.051, 771.063, 771.071, 771.073, and 771.077, which authorize CSEC to define local exchange access line or equivalent local exchange access line for the purpose of 9-1-1 emergency service fees. The amendments are proposed in accordance with the process for rulemaking as prescribed by Texas Government Code, Chapter 2001, Subchapter B.
No other statutes, articles, or codes are affected by the proposed amendment.
§255.4.Definition of a Local Exchange Access Line or an Equivalent Local Exchange Access Line.
(a) (No change.)
(b) The terms "local exchange access line" or "equivalent local
exchange access line" do not include coin-operated public telephone equipment,
public telephone equipment operated by card reader, commercial mobile radio
service that provides access to a paging or other one-way signaling service,
a communication channel suitable only for data transmission, a line from a
telecommunications service provider to an Internet service provider for the
Internet service provider's data modem lines used only to provide its Internet
access service and that are not capable of transmitting voice messages, a
wireless roaming service or other nonvocal commercial mobile radio service,
a private telecommunications system, or a wireless telecommunications connection
subject to Texas Health and Safety Code, §771.0711. [
The effective
date for (1) the deletion of the federal subscriber line charge as an alternative
definition of local exchange access line and equivalent local exchange access
line; and (2) the inclusion of a service provider's discounted lines shall
be January 1, 2007.]
(c) A service provider using one or more facilities with multiple calling capabilities to serve a single end user customer location that cannot determine the actual number of local exchange access lines or equivalent local exchange access lines being served by such facilities (e.g., Enterprise Voice over Internet Protocol applications), shall assess the 9-1-1 emergency service fee as follows:
Figure: 1 TAC §255.4(c) (.pdf)
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 March 12, 2007.
TRD-200700945
Paul Mallett
Executive Director
Commission on State Emergency Communications
Earliest possible date of adoption: April 22, 2007
For further information, please call: (512) 305-6930