(a) Application. Unless the context clearly indicates
otherwise, in this section the term "utility," insofar as it relates
to telecommunications utilities, shall refer to local exchange companies
that are facilities-based providers, as defined in §26.5 of this
title (relating to Definitions). This section does not apply to a
deregulated company holding a certificate of operating authority or
to an exempt carrier under Public Utility Regulatory Act (PURA) §52.154.
This section also does not apply to the retail services of an electing
company, as defined by PURA §58.002, or to the retail nonbasic
services offered by a transitioning company, as defined by PURA §65.002.
(b) Emergency Operations Plan. Each utility shall file
with the commission a copy of its emergency operations plan or a comprehensive
summary of its emergency operations plan by May 1, 2008.
(1) Filing requirements. The filing shall include an
affidavit from the utility's operations officer indicating that all
relevant operating personnel within the utility are familiar with
the contents of the emergency operations plan; and such personnel
are committed to following the plans and the provisions contained
therein in the event of a system-wide or local emergency that arises
from natural or manmade disasters, except to the extent deviations
are appropriate under the circumstances during the course of an emergency.
To the extent the utility makes changes in its emergency operations
plan, the utility shall file the revised plan or a revision to the
comprehensive summary that appropriately addresses the changes to
the plan no later than 30 days after such changes take effect.
(2) Information to be included in the emergency operations
plan. Each emergency operations plan maintained by a utility shall
include, but is not limited to, the following:
(A) A communications plan that describes the procedures
for contacting the media, customers, and service users as soon as
reasonably possible either before or at the onset of an emergency.
The communications plan should also:
(i) address how the utility's telephone system and
complaint-handling procedures will be augmented during an emergency;
(ii) identify key personnel and equipment that will
be required to implement the plan when an emergency occurs;
(B) priorities for restoration of service;
(C) a plan for disaster recovery and continuity of
operations;
(D) a plan to provide continuous and adequate service
during a pandemic; and
(E) a hurricane plan, including evacuation and re-entry
procedures (for a utility providing service within a hurricane evacuation
zone, as defined by the Governor's Division of Emergency Management).
(3) Drills. Each utility is required to train its operating
personnel in the proper procedures for implementing its emergency
plan. Each utility shall conduct or participate in an annual drill
to test its emergency procedures unless it has implemented its emergency
procedures in response to an actual event within the last 12 months.
If a utility is in a hurricane evacuation zone (as defined by the
Governor's Division of Emergency Management), this drill shall also
test its hurricane plan/storm recovery plan. The commission should
be notified no later than 21 days prior to the date of the drill.
Following the annual drill, the utility shall assess the effectiveness
of the drill and modify it emergency operations plan as needed.
(4) Emergency contact information. Each utility shall
submit emergency contact information in a form prescribed by commission
staff by May 1 of each calendar year. Notification to commission staff
regarding changes to the emergency contact list shall be made within
30 days. This information will be used to contact utilities prior
to and during an emergency event.
(5) Reporting requirements. Upon request by the commission
staff during a SOC inquiry or declared emergency event, affected utilities
shall provide updates on the status of operations, outages and restoration
efforts. Updates shall continue until all event-related outages are
restored or unless otherwise notified by commission staff.
(6) Copy available for inspection. A complete copy
of the above plans shall be made available at the utility's main office
for inspection by the commission or commission staff upon request.
(c) Continuity of service.
(1) Every utility shall make all reasonable efforts
to prevent interruptions of service. When interruptions occur, the
utility shall restore service as soon as practicable, with priority
of restoration taking into account such matters as the extent of repairs
necessary, needs of the community and minimization of danger to the
public, emergency personnel and the utility's workers.
(2) Each utility shall make reasonable provisions to
manage emergencies resulting from failure of service.
(3) In the event of a national emergency or local disaster
resulting in disruption of normal service, the utility may, in the
public interest, deliberately interrupt service to selected customers
to provide necessary service for the civil defense or other emergency
service agencies temporarily until normal service to these agencies
can be restored.
(d) Record of interruption. Except for momentary interruptions
caused by automatic equipment operations, each utility shall keep
a complete record of all interruptions, both emergency and scheduled.
This record shall show the cause for interruptions, date, time, duration,
location, approximate number of customers affected, and, in cases
of emergency interruptions, the remedy and steps taken to prevent
recurrence.
(e) Report to commission. The following guidelines
are a minimum basis for reporting service interruptions. Any report
of service interruption shall state the cause(s) of the interruption.
Utilities should report major outages lasting less than four hours
in a timely manner or as soon as reasonably possible. Utilities shall
notify the commission in a timely manner in writing of interruptions
in service lasting four or more hours affecting:
(1) 50% of the toll circuits serving an exchange;
(2) 50% of the extended area service circuits serving
an exchange;
(3) 50% of a central office;
(4) 20% or more of an exchange's access lines; or
(5) any component of the 9-1-1 system that results
in an outage to the 9-1-1 service.
(f) Change in character of service.
(1) If any change is planned or made by the utility
in the type of service rendered by the utility that would adversely
affect the efficiency or operation of the customer equipment connected
to the utility's network, the utility shall notify the affected customer
at least 60 days in advance of the change or within a reasonable time
as practicable.
(2) This paragraph applies only to local exchange companies
that are dominant carriers, as defined in §26.5 of this title.
Where change in service requires dominant carriers to adjust or replace
standard equipment, these changes shall be made to permit use under
such changed conditions, adjustment shall be made by the dominant
carrier without charge to the customers, or in lieu of such adjustments
or replacements, the dominant carrier may make cash or credit allowances
based on the duration of the change and the degree of efficiency loss.
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