| (a) Purpose. The purpose of this rule is to establish
minimum requirements for Emergency Services Gateway (ESGW) Operators
providing or facilitating the providing of 9-1-1 service using a dynamic
Automatic Location Identification (ALI) solution. This rule is intended
to ensure end-users whose 9-1-1 calls are delivered and routed through
an ESGW are provided with a consistent level of 9-1-1 service. This
rule is structured to encourage ESGW Operators and their customers
to cooperate with each other in good faith to ensure ESGW Operators
are able to comply with their obligations stated herein.
(b) Applicability. This rule is applicable to ESGW
Operators, which for purposes of this rule, includes entities that
provide or facilitate the provisioning of 9-1-1 call delivery and
routing services to interconnected Voice over Internet Protocol (VoIP)
or wireless end-users directly through the end-user's VoIP service
provider (VSP) or commercial mobile radio service (CMRS) provider,
respectively, or indirectly through another ESGW, a VoIP Positioning
Center (VPC), or a Mobile Positioning Center (MPC). An ESGW Operator
does not include an entity operating under a certificate required
by Texas Utilities Code §54.001, acting solely to provide local
exchange telephone service, basic local telecommunications service,
or switched access service; or a VSP that self-provisions 9-1-1 service
for its own end-users. This rule provides the minimum standards for
an ESGW Operator to implement 9-1-1 service requirements.
(c) Registration. An ESGW Operator shall register with
the Commission and provide written notice to each 9-1-1 Entity (i.e., an Emergency Communication District
or Regional Planning Commission as defined in Texas Health and Safety
Code §771.001) in whose region or territory they provide ESGW
service. A current registration is a prerequisite to interfacing with
a 9-1-1 Entity's Network, and for obtaining 9-1-1 Entity authorization
to order dedicated 9-1-1 trunks (16 Tex. Admin. Code §26.5(64)).
Registration shall be made on a form provided by Commission staff
and include:
(1) ESGW Operator name (including d/b/a), address,
website, and contact information including email;
(2) Contact information of the ESGW E9-1-1 Coordination
Manager and ESGW 24X7 Operations.
(3) Name and contact information of VPC Operators utilizing
ESGW Operator's services
(4) Services provided;
(5) Name of each 9-1-1 Entity in whose region or territory
the ESGW Operator provides services;
(6) Name and contact information of its ESGW customers;
and
(7) Whether the ESGW Operator collects or remits 9-1-1
service fees on behalf of any of its ESGW customers' end-users.
(d) Authorization to Interface with 9-1-1 Entity's
Network. A 9-1-1 Entity will upon request provide an ESGW Operator
registered under subsection (c) with a Certificate of Authorization
(COA) authorizing the ESGW Operator to interface with the 9-1-1 Entity's
Network. A COA serves as authorization to the 9-1-1 Entity's 9-1-1
Network Services Provider that the ESGW Operator is authorized to
provide ESGW services within the 9-1-1 Entity's service area.
(e) Service Plan. An ESGW Operator shall submit to
the Commission a service plan that for each selective router includes
911 Trunk Circuit ID 2+6 Code(s), number of Trunks in Trunk Group,
CLLI code, 9-1-1 Entity Authorizing Trunk Group and the date the COA
was received. The service plan shall be submitted on a form provided
by Commission staff.
(f) Annual Certification. An ESGW Operator shall annually,
and upon written request by the Commission or a 9-1-1 Entity, update
and certify the accuracy of its Registration and Service Plan. An
ESGW Operator shall submit an amended Registration and/or Service
Plan at the time of its Annual Certification if changes have been
made to the Registration and/or Service Plan.
(g) Implementation, Testing and Maintenance Procedures.
An ESGW Operator shall use reasonable diligence to implement, test,
and maintain its ability to provide ESGW services consistent with
recognized industry standards, best practices, and applicable law.
An ESGW Operator shall notify the Commission and each potentially
affected 9-1-1 Entity in writing of any changes to ESGW Operator services
or arrangements that may materially impact the provisioning of 9-1-1
service by the ESGW Operator.
(h) Compliance and the Provisioning of 9-1-1 Service.
Upon written request from the Commission or a 9-1-1 Entity in whose
region or territory an ESGW Operator provides service, an ESGW Operator
shall coordinate with the Commission or requesting 9-1-1 Entity to
ensure compliance with this rule and the proper provisioning of 9-1-1
service. Upon receipt of a written request, an ESGW Operator will
provide reasonable access to and/or copies of the ESGW Operator's
basic network information and/or provisioning related records or a
detailed explanation why the requested information cannot reasonably
be made available. This subsection does not require an ESGW Operator
to disclose confidential VSP customer information without customer
consent. Records and information submitted in response to a written
request under this subsection are required and shall be kept confidential
in accordance with Health and Safety Code §771.061.
(i) Reimbursement for Direct Dedicated 9-1-1 Trunking.
The reimbursable costs for direct dedicated 9-1-1 trunks are set by
the Public Utility Commission (16 Tex. Admin. Code §26.435(c)).
Cost reimbursement is provided to the extent permitted by law and
only within the 9-1-1 Entity's then available appropriations and budget.
An ESGW Operator seeking direct dedicated 9-1-1 trunking reimbursement
shall request reimbursement directly from the appropriate 9-1-1 Entity.
(j) Liability Protection. ESGW Operator in compliance
with this rule is deemed a "third party or other entity involved in
the providing of 9-1-1 service" as that term is used to limit liability
in Texas Health and Safety Code §771.053.
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