| (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.
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| 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 |
