16 Tex. Admin. Code § 26.51 - Reliability of Operations of Telecommunications Providers
(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.
Notes
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