Current through Reg. 49, No. 38; September 20, 2024
(a)
Purpose. The purpose of this rule is to facilitate the implementation of Texas
Health and Safety Code Chapter 771A ("Kari's Law") requiring telephone systems
that provide outbound dialing capacity to be configured to provide direct
access to 9-1-1 service and, in instances where no hardware changes are
necessary, to provide notification of a 9-1-1 call to a central location on the
site of the residential or business facility from which a 9-1-1 call is made
using a telephone system.
(b)
Definitions. For the purposes of this rule:
(1) "9-1-1 service" means a communications
service that connects users to a public safety answering point through a 9-1-1
system.
(2) "Additional location"
means an optional location, other than a central location, that receives
notification of a 9-1-1 call that should be staffed 24x7 with personnel that
can assist emergency first responders in accessing the residential or business
facility from which a 9-1-1 call is made and determining the location of the
9-1-1 call, e.g., Campus Police, Security Office.
(3) "Business service" means a
telecommunications or communications service provided a customer where the use
is primarily of a business, professional, institutional, or otherwise
occupational nature.
(4) "Business
service user" means a user of business service that provides telecommunications
or communications service, including 9-1-1 service, to end users through a
publicly or privately owned or controlled telephone switch. Business service
user includes a "governmental body" as defined in §
RSA
552.003, Government Code, including an
institution of higher education.
(5) "Central location" means a designated
location on the site of a residential or business facility from which a 9-1-1
call is made that receives notification of the 9-1-1 call. A central location
is not required to have a person available at the location to receive or
respond to the notification.
(6)
"Commission" means the Commission on State Emergency Communications.
(7) "Internet Protocol enabled service" or
"IP" has the meaning assigned by §
RSA
51.002, Texas Utilities Code.
(8) "Local exchange access line" or
"Equivalent local exchange access line" has the meaning assigned in Commission
Rule 255.4 (Title 1, Part 12 Texas Admin. Code, §
RSA
255.4).
(9) "Notification" refers to a telephone
system feature that can send notice to a central location and optional
additional location that a 9-1-1 call has been made. Common notifications
include "screen pops" with audible alarms for security desk computers using a
client application, text messages for smartphones, and email for
administrators. Where feasible, notification should provide the telephone
number or extension and location information of the telephone system handset
from which the 9-1-1 call is made.
(10) "Telephone switch" refers to the
function of switching inbound and outbound calls in order to allow multiple
end-users to share a defined number of local exchange access lines or
equivalent local exchange access line.
(11) "Telephone system" refers to a legacy
system, or equivalent system using Internet Protocol enabled service, comprised
of common control units, interconnected telephone or handsets, control hardware
and software, and adjunct systems that allow for advanced features such as call
handling and transferring, conference calling, call metering and accounting,
private and shared voice message boxes, direct inward/outward dialing. A
telephone system, commonly referred to as a "multi-line telephone system" or
MLTS, includes network and premises based systems such as Centrex and VoIP, as
well as private branch exchange (PBX), Hybrid, and Key Telephone Systems (as
classified by the Federal Communications Commission under Part 68 of Title 47,
Code of Federal Regulations) and includes systems used, owned, or leased by
governmental agencies and political subdivisions, for-profit businesses, and
non-profit entities.
(12) Any term
not expressly defined in this rule, has the meaning assigned in Commission Rule
RSA 252.7,
Definitions.
(c) A
business service user that owns or controls a telephone system that provides
outbound dialing capacity or access shall configure the telephone system to
allow a person initiating a 9-1-1 call on the system to directly access 9-1-1
service by dialing in order the digits 9, 1, and 1 without an additional code,
digit, prefix, postfix, or trunk-access code. All non-compliant telephone
handsets that provide outbound dialing capacity or access must have immediately
adjacent to, and optionally on, the telephone the instructional sticker
required in subsection (d)(7).
(d)
A business service user shall be granted a one-year waiver (September 1 -
August 31) of the requirements of Kari's Law and this rule upon submission of
an affidavit not later than September 1 of each year that provides:
(1) name (legal and any D/B/A), address, and
contact information of the business service user;
(2) address of all locations within Texas
served by a non-complaint telephone system;
(3) a narrative of efforts demonstrating a
good faith attempt to reprogram or replace non-compliant telephone
systems;
(4) a statement that
compliance with this rule is unduly and unreasonably cost
prohibitive;
(5) the manufacturer
and model number of each non-compliant telephone system and the estimated costs
to reprogram or replace each system;
(6) a projected date for compliance with
Kari's Law and this rule; and
(7)
confirmation that the business service user agrees to or has placed an
instructional sticker immediately adjacent to, and optionally on, each
non-compliant telephone handset instructing the user how to access 9-1-1
service. The instructional sticker must be printed in at least 16-point
boldface type, in a contrasting color using a font that is easily readable, and
is written in English and Spanish.
(e) A business service user's waiver request
affidavit may be submitted electronically to http://texas911.org/karislaw/ or
mailed to the appropriate address provided in the website link.
(f) A business service user that provides
residential or business facilities and owns or controls a telephone system that
provides outbound dialing capacity or access shall configure the telephone
system to provide notification when a person within a residential or business
facility dials 9-1-1 if the telephone system is able to be configured to
provide the notification without an improvement to the system's hardware. The
notification requirement is separate from and in addition to the requirement in
Texas law that "9-1-1 service" connects a 9-1-1 caller to the public safety
answering point designated for the area from which the call is made.
(g) A business service user 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 §
RSA
771.053, Texas Health and Safety
Code.
