(a) Purpose. The provisions of this section are intended to assure the integrity of the state's emergency 9-1-1 system in the context of a competitive and technologically evolving telecommunications market. In particular this section establishes specific reporting and notification requirements and mandates certain minimum network interoperability, service quality standards, and database integrity standards. The requirements in this section are in addition to the applicable interconnection requirements required by §26.272 of this title (relating to Interconnection).
(b) Application. This section applies to a certificated telecommunications utility (CTU).
(c) 9-1-1 service provider certification requirements.
(1) Only a CTU may be a 9-1-1 database management services provider.
(2) Only a CTU may be a 9-1-1 network services provider.
(3) Unless acting as a 9-1-1 database management services provider or 9-1-1 network services provider, PSAPs and 9-1-1 administrative entities do not require certification by the commission.
(d) Requirement to prepare plan and reporting and notification requirements.
(1) Network Services Plan. Before providing service, a 9-1-1 network services provider must prepare and file with the commission a network services plan. The plan must be updated upon a change affecting a 9-1-1 administrative entity, a 9-1-1 database management services provider, or the 9-1-1 network services provider, but not more often than quarterly of each year. Material submitted to the commission in accordance with this section believed to contain proprietary or confidential information must be identified as such, and the commission may enter an appropriate protective order. The network services plan must include:
(2) Database Services Plan. Before providing service, a 9-1-1 database management services provider must prepare and file with the commission a database services plan. The plan must be updated upon a change affecting a 9-1-1 administrative entity, a 9-1-1 database management services provider, or the 9-1-1 network services provider, but not more often than quarterly of each year. Material submitted to the commission in accordance with this section believed to contain proprietary or confidential information must be identified as such, and the commission may enter an appropriate protective order. The database services plan must include:
(3) Other notification requirements. A CTU must notify each affected 9-1-1 administrative entity at least 30 days prior to activating or using a new NXX in a rate center or upon the commencement of providing local telephone service in any rate center.
(e) Network interoperability and service quality requirements. To ensure network interoperability and a consistent level of service quality the following standards apply.
(1) A CTU operating in the state of Texas must:
(2) A telecommunications provider operating in the state of Texas must:
(f) Database integrity. To ensure the consistent quality of database information required for fixed-location 9-1-1 services, the following standards apply.
(1) A CTU operating in the state of Texas must:
(2) A 9-1-1 database management services provider operating in the state of Texas must:
(g) Cost recovery. A CTU is prohibited from charging a 9-1-1 administrative entity for, through tariffed or non-tariffed charges, the preparation and transfer of files from the CTU's service order system to be used in the creation of 9-1-1 call routing data and 9-1-1 ALI data.
(h) Unbundling. A dominant CTU that is a 9-1-1 network services provider and a 9-1-1 database management services provider, if it has not already done so prior to the effective date of this section, must file within 90 days from the effective date of this section an alternative 9-1-1 tariff that provides 9-1-1 administrative entities the option to purchase any separately offered and priced 9-1-1 service.
(i) Migration of 9-1-1 Service. Unless otherwise determined by the commission, nothing in this rule, any interconnection agreement, or any commercial agreement may be interpreted to impair a 9-1-1 administrative entity's authority to migrate to newer functionally equivalent IP-based 9-1-1 systems or NG9-1-1 systems, or to require the removal of unnecessary direct 9-1-1 dedicated trunks, circuits, databases, or functions.
(1) For purposes of this subsection, "unnecessary direct dedicated 9-1-1 trunks" means those dedicated 9-1-1 trunks that generally would be part of a local interconnection arrangement but for: the CTU's warrant in writing that the direct dedicated 9-1-1 trunks are unnecessary and all 9-1-1 traffic from the CTU will be accommodated by another 9-1-1 service arrangement that has been approved by the appropriate 9-1-1 administrative entity; and written approval from the appropriate 9-1-1 administrative entity accepting the CTU's warrant. A 9-1-1 network services provider or CTU presented with such written documentation from the CTU and the appropriate 9-1-1 administrative entity must rely on the warrant of the CTU and the appropriate 9-1-1 administrative entities.
(2) Paragraph (1) of this subsection is intended to promote and ensure collaboration so that 9-1-1 service architecture and provisioning modernization can proceed expeditiously for the benefit of improvements in the delivery of 9-1-1 emergency services. Paragraph (1) of this subsection does not require or authorize a 9-1-1 administrative entity's rate center service plan specifications or a 9-1-1 network architecture deviation that causes new, material cost shifting between telecommunications providers or between telecommunications providers and 9-1-1 administrative entities. Examples of such a deviation include points of interconnection different from current LATA configurations and requiring provisioning of the 9-1-1 network with a similar type deviation that may involve new material burdens on competition or the public interest.
(j) 9-1-1 Service Agreement.
(1) A CTU that provides local exchange service to end users must execute a separate 9-1-1 service agreement with each appropriate 9-1-1 administrative entity and collect and remit required 9-1-1 emergency service fees to the appropriate authority in accordance with such a 9-1-1 service agreement.
(2) A CTU that provides resold local exchange service to end users must execute a separate 9-1-1 service agreement with each appropriate 9-1-1 administrative entity and collect and remit required 9-1-1 emergency service fees to the appropriate authority in accordance with such a 9-1-1 service agreement.
Source Note: The provisions of this §26.433 adopted to be effective May 18, 2000, 25 TexReg 4329; amended to be effective November 14, 2010, 35 TexReg 9871; amended to be effective December 21, 2023, 48 TexReg 7524