| (8) 311 calls must not be completed over the 911 network
or use the 911 database.
(9) The 311 network must not be used for commercial
advertisements.
(10) To preserve the privacy of callers who wish to
use the governmental entity's non-emergency service anonymously, a
CTU which uses Automatic Number Identification (ANI) service, Automatic
Location Identification (ALI) service or other equivalent non-blockable
information-gathering features for the provision of 311 service must
establish a non-abbreviated phone number that will access the same
non-emergency police and governmental services as the 311 service
while honoring callers' call- and line-blocking preference. When publicizing
the availability of the 311 service, the governmental entity must
inform the public if its 311 service has caller or number identification
features, and must publicize the availability of the non-abbreviated
phone number that offers the same service with caller anonymity. When
a CTU uses a Caller Identification service or other equivalent features
to provide 311 service, relevant provisions of the commission's substantive
rules and of the Public Utility Regulatory Act apply.
(11) The commission has the authority to limit the
use of 311 abbreviated dialing codes to applications that are found
to be in the public interest.
(12) The commission has the authority to decide which
governmental entity must provide 311 service when there are conflicting
requests for concurrent 311 service for the same geographic area,
to the extent that negotiations between or among the affected governmental
entities fail. The commission will consider the following factors
in determining conflicting requests for 311 service:
(A) the nature of the service, including the proposed
public education portion to be provided by the governmental entity;
and
(B) the potential magnitude of use of the requested
311 service, such as the number of residents served by the governmental
entity and their potential frequency of access to the governmental
agencies wishing to use the 311 service.
(13) When termination of 311 service is desired, the
CTU must file a notice of termination with the commission that contains:
(A) proposed notice to the affected area of the termination
of 311 service; and
(B) the program to educate the affected public of the
termination of 311 service.
(14) The commission, after receiving the CTU's proposed
notice of termination of 311 service and approving the proposed notice
through an administrative review, will cause the approved notice to
be published in the Texas Register.
(f) 811 service.
(1) Scope and purpose. This subsection applies to the
assignment, provision, and termination of 811 service. Through this
subsection, the commission implements the Federal Communications Commission's
requirements in Use of N11 Codes and Other Abbreviated Dialing Arrangements,
Sixth Report and Order, CC Docket No. 92-105, FCC 05-59 (Mar. 14,
2005), that designated 811 as the national abbreviated dialing code
to be used by state One Call notification systems for providing advanced
notice of excavation activities to underground facility operators
in compliance with the Pipeline Safety Improvement Act of 2002. The
commission intends to reduce the possibility of disruptions to underground
facilities by implementing 811 service. Implementation of 811 service
will facilitate advance notice by excavators of planned excavations
to facility operators, allowing facility operators to mark and prepare
their facilities before excavation.
(2) Authority. Authority for One Call Excavation Notification
resides with the Texas Underground Facility Notification Corporation
(TUFNG), doing business as One Call Board of Texas and in accordance
with Chapter 251 of the Texas Utilities Code.
(3) Customer Responsibility. TUFNG is a customer of
811 service. Telecommunications providers whose 811 service is regulated
by the commission may require TUFNG to provide 60-days written notice
for any call center number additions or changes to ensure timely numbered
translations by the 811 service providers.
(4) Limitations of liability. Telecommunications providers
whose 811 service is regulated by the commission may limit their liability
for the provision of 811 service through the inclusion of liability
limitations in their tariffs. Liability for gross negligence or willful
misconduct cannot be limited.
|
| Source Note: The provisions of this §26.127 adopted to be effective April 19, 1999, 24 TexReg 3068; amended to be effective April 16, 2001, 26 TexReg 2828; amended to be effective November 6, 2006, 31 TexReg 9023; amended to be effective August 12, 2010, 35 TexReg 6824; amended to be effective December 21, 2023, 48 TexReg 7524 |
