1. (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 as defined in §26.5 of this title (relating to Definitions).

2. (b) Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise.

   1. (1) Year 2000 compliant--A computer system or application that accurately processes date/time data (including but not limited to calculating, comparing, and sequencing) from, into, and between the 20th and 21st centuries, the years 1999 and 2000, and leap year calculations, and performs its tasks effectively without any date-related interruptions.
   2. (2) Year 2000 ready--A computer system or application that has been determined to be suitable for continued use into the year 2000 even though the computer system or application is not fully year 2000 compliant.

3. (c) Service interruptions.

   1. (1) Every utility shall make all reasonable efforts to prevent interruptions of service. When interruptions occur, the utility shall reestablish service within the shortest possible time.
   2. (2) Each utility shall make reasonable provisions to handle emergencies resulting from failure of service, and each utility shall issue instructions to its employees covering procedures to be followed in the event of emergency in order to prevent or mitigate interruption or impairment of service.
   3. (3) In the event of 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 to civil defense or other emergency service agencies on a temporary basis until normal service to these agencies can be restored.
4. (d) Record of interruption. Except for momentary interruptions due to 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.

5. (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 use judgment in reporting major outages lasting less than four hours. Utilities shall notify the commission in writing of interruptions in service lasting four or more hours affecting:

   1. (1) 50% of the toll circuits serving an exchange;
   2. (2) 50% of the extended area service circuits serving an exchange;
   3. (3) 50% of a central office; and
   4. (4) 20% or more of an exchange's access lines.

6. (f) Change in character of service.

   1. (1) In case any change is made by the utility in the type of service rendered which would adversely affect the efficiency of operation or the adjustment of the equipment of customers, all customers who may be affected shall be notified by the utility at least 60 days in advance of the change or if such notice is not possible, as early as feasible.
   2. (2) This paragraph applies only to local exchange companies that are dominant carriers. Where adjustments or replacements of a dominant carrier's standard equipment must 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.

7. (g) Emergency Operations Plan. By December 31, 1998, or within 60 days of becoming a utility, whichever is later, each utility shall file with the commission a general description of its emergency operations plan. Each utility shall thereafter update its plan by filing revision sheets that clearly indicate any changes in the plan within 30 days of such changes. A general description of the plan shall also be made available at the utility's main office for inspection by the public. A complete copy of the plan shall be made available at the utility's main office for inspection by the commission or its staff upon request. Each emergency plan filed by a utility must include, but need not be limited to, the following:

   1. (1) a communications plan that describes the procedures for contacting the media, customers and critical users (including but not limited to hospitals, police stations, fire stations, and critical city offices) as soon as reasonably possible either before or at the onset of an emergency. The communications plan should also:

      1. (A) address how the utility's telephone system and complaint handling procedures will be augmented during an emergency;
      2. (B) identify key personnel and equipment that will be required to implement the plan when an emergency occurs;
   2. (2) priorities for restoration of service; and
   3. (3) the utility's Year 2000 contingency plan and mitigation strategies for dealing with potential failures caused by computers that are not year 2000 compliant or year 2000 ready, whether those failures originate in the utility's own system or in a network partner or supplier's system or operations. This plan should identify potentially vulnerable systems and business processes and prioritize them. The plan should also include the utility's plans for backups for critical users and processes, and report estimated costs for contingency operations.

Source Note:The provisions of this §26.51 adopted to be effective December 6, 1998, 23 TexReg 11930.