RELATES TO: KRS 65.7621-65.7643,
47
U.S.C. 153(27),
332(d)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
65.7631(6)(a) states that no
PSAP shall be eligible to request or receive a disbursement from the CMRS fund
unless and until the PSAP demonstrates that the PSAP has made the investment
which is necessary to allow the PSAP to receive and utilize the data elements
associated with wireless E911 service.
KRS
65.7633(1) requires the
Kentucky 911 Services Board to implement the provisions of
KRS
65.7621 to
65.7643
through the promulgation of administrative regulations. This administrative
regulation establishes the process by which a PSAP shall demonstrate its
ability to receive and utilize the data elements associated with wireless E911
and Next Generation 911 (NG911) service.
Section
1. PSAPs not currently certified by the Kentucky 911 Services
Board in accordance with
202 KAR 6:050
shall not be eligible for disbursement from the CMRS fund as provided in
KRS
65.7631(6) until they
successfully complete both the requirements established in
202 KAR 6:050
and Sections 5 through 7 of this administrative regulation.
Section 2. PSAPs Already Certified by the
Kentucky 911 Services Board.
(1) In order to
maintain continued eligibility for CMRS funds, PSAPs that are currently
certified by the Kentucky 911 Services Board in accordance with
202 KAR 6:050
shall no later than September 1, annually submit:
(a) An updated PSAP Annual Survey, including
any changes to the documentation supplied in their original Phase I
Application; and
(b) Based on an
actual tabulation of call traffic for at least the first week in each calendar
quarter:
1. A count of wireless 911 calls
received by the PSAP for the previous fiscal year;
2. A count of non-wireless 911 calls received
by the PSAP for the previous fiscal year; and
3. An accounting of the receipt and
disbursement of funds used to operate the PSAP as provided in
KRS
65.7630(3).
(2) Certified PSAPs shall:
(a) Make operational the hardware, software,
and database necessary to receive and utilize the data elements associated with
Phase II wireless E911 service;
(b)
Notify the board, in writing, of their readiness to receive and utilize the
data elements associated with Phase II wireless E911 service; and
(c) Supply to the board the following
documentation:
1. An electronic copy of the
digital maps of the PSAP's response area boundary and emergency service
boundaries for law, fire, and emergency medical response, in accordance with
subsection (3) of this section;
2.
An electronic copy of the digital street centerlines that meets the mapping
criteria in Section 3(1)(c) and Section 3(2) of this administrative
regulation;
3. Beginning July 1,
2021, an electronic copy of the digital data set of all address site and
structure points that meets the mapping criteria as established in the Kentucky
911 Services Board Kentucky NG911 Mapping Guide;
4. Updated digital mapping data set layers
monthly or at least quarterly, as established in the Kentucky 911 Services
Board Kentucky NG911 Mapping Guide;
5.
a.
Copies of return receipts and letters sent certified mail requesting Phase II
service from all wireless carriers licensed to operate in the PSAP's
jurisdiction response area; or
b.
Documentation from a wireless carrier licensed to operate within the PSAP
response area that Phase II service is operational or has been requested by the
PSAP;
6. Evidence from
the LEC, 911 service provider, and any contracted third party database services
that all network elements necessary to the provision of Phase II wireless E911
service are operational; and
7.
Evidence from hardware and software vendors that all hardware and software
necessary to utilize Phase II calls is now operational.
(3) Digital maps of the PSAP's
response area boundary and emergency service boundaries.
(a) The digital maps required by subsection
(2)(c)1. of this section shall comply with the mapping criteria as established
in the Kentucky 911 Services Board Kentucky NG911 Mapping Guide.
(b) Updated electronic response boundary and
emergency response boundaries shall be updated or validated at least
quarterly.
(c)
1. If a PSAP's submitted jurisdictional or an
emergency service boundary or boundaries conflicts with the jurisdictional or
emergency service boundary or boundaries of another PSAP, the board shall
notify all PSAPs affected by the dispute within five (5) working
days.
2. The affected PSAPs shall:
a. Negotiate a mutually agreeable resolution
to the identified problem; and
b.
Notify the Kentucky 911 Services Board of the result.
3. If within the following thirty (30) days
the Kentucky 911 Services Board is not notified of a mutually-agreeable
resolution between the affected PSAPs, the board shall establish an arbitration
panel that includes no fewer than three (3) members and includes GIS
professionals and representatives of PSAPs certified for CMRS funding to
determine the proper jurisdictional or emergency service boundary or
boundaries.
4. A PSAP may appeal
the final determination of a boundary in accordance with KRS Chapter
13B.
Section
3. Mapping Criteria. Regardless of the source of its data, a PSAP
certified for CMRS funding shall be responsible for the accuracy of the
geographic data and supporting databases used by the PSAP and those supplied to
the Kentucky 911 Services Board.
(1) Maps in
use by PSAPs shall include the following:
(a)
PSAP response boundaries as established in the Kentucky 911 Services Board
Kentucky NG911 Mapping Guide;
(b)
Emergency response boundaries for law, emergency medical service (EMS), and
fire agencies within the PSAP response boundary as established in the Kentucky
911 Services Board Kentucky NG911 Mapping Guide;
(c) Road centerlines that have been prepared
and attributed with only items as established in the Kentucky 911 Services
Board Kentucky NG911 Mapping Guide;
(d) Beginning July 1, 2021, site and
structure points as established in the Kentucky 911 Services Board Kentucky
NG911 Mapping Guide; and
(e)
Address data that is ninety (90) percent accurate upon audit as established in
Section 4 of this administrative regulation.
(2) The geospatial positional accuracy of all
geographic elements submitted shall be within thirty-three (33) feet of its
true location, plus the accuracy of the device used to conduct the test, for
ninety (90) percent of all tested sites.
Section 4. Geospatial Audit Requirements and
Methodology.
(1) The Kentucky 911 Services
Board shall audit the use and quality of geospatial data supplied by certified
PSAPs. The PSAP is not responsible for the accuracy of data provided by
wireless carriers.
(2) Audits shall
be conducted:
(a) Utilizing equipment and
methodology as approved and supplied by the Kentucky 911 Services Board or its
designee and calibrated according to manufacturer's specifications;
and
(b) Using testsapproved by the
board which includes GIS professionals and representatives of PSAPs certified
for CMRS funding.
(3)
Audits shall verify that upon receipt of a wireless 911 call the PSAP's mapping
component shall:
(a) Display the X, Y
coordinates on digital base maps used by the PSAP;
(b) Identify the incoming 911 call on the map
display; and
(c) Identify the
closest assigned address to the X, Y coordinates provided.
(4) Each PSAP's mapping shall be tested for
the accuracy of the GIS software and hardware used within the PSAP. A minimum
of twenty (20) randomly-selected address points shall be tested in each PSAP
response area. If a PSAP response area encompasses multiple counties, a
sampling of a minimum of twenty (20) randomly-selected address points per
county shall be tested. Tested locations shall:
(a) Be distributed across the PSAP response
area to yield a valid cross section of urban and rural environments;
(b) Plot on the correct side of the street as
shown on the base map data supplied by the PSAP;
(c) Plot within the correct cross streets as
shown on the base map data supplied by the PSAP; and
(d) Plot within one-tenth (1/10) of a mile of
their location on PSAP supplied base maps.
Section 5. Audit Results.
(1) The Kentucky 911 Services Board shall
notify PSAPs, in writing, within ten (10) business days of audit
results.
(2) If a PSAP fails to
meet the audit requirements, the Kentucky 911 Services Board shall allow the
PSAP ninety (90) days from receipt of the audit notification to remedy the
identified problems.
(3) After
receipt of the PSAP response, the board may schedule a reaudit.
(4) A PSAP shall be decertified for CMRS
funding if it:
(a) Fails to remedy the
problems identified by the board; or
(b) Fails a reaudit.
(5) The board shall notify the PSAP Director,
in writing, return receipt requested, of its decision to decertify the
PSAP.
Section 6. Appeals
of Decertification.
(1) A PSAP may request a
review of its decertification by submitting a request in writing, within thirty
(30) days of receipt of a decertification notice.
(a) The decertification shall be suspended
pending the review by the board.
(b) The board shall schedule the requested
review at a regularly scheduled board meeting, no later than ninety (90) days
after receipt of the PSAP request.
(c) The board shall notify the PSAP of the
scheduled review date, in writing, at least thirty (30) days prior to the
meeting.
(d) After the board's
review, the board shall notify, in writing, the PSAP of its decision within ten
(10) business days.
(2) A
PSAP that has been decertified may further appeal its decertification in
accordance with KRS Chapter 13B.
Section 7. Status of PSAP Funds During an
Appeal.
(1) During a PSAP's appeal of its
decertification, the PSAP's pro rata and workload payments shall be held in
reserve in the appropriate CMRS fund account until resolution of all appeals by
the PSAP.
(a) If the PSAP's appeal is
successful, the reserved funds shall be disbursed to the PSAP with the next
regular disbursement of each account.
(b) If the PSAP's appeal is unsuccessful, the
reserved funds shall be disbursed to the remaining certified PSAPs with the
next regular payments from each account in accordance with
KRS
65.7631(5).
(2) All interest accrued by reserved funds
shall be distributed among the normal CMRS accounts in accordance with
KRS
65.7631.
Section 8. Incorporation by Reference.
(1) The Kentucky 911 Services Board "Kentucky
NG911 Mapping Guide", 06/01/2019, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Kentucky 911 Services
Board, 200 Mero Street, Frankfort, Kentucky 40622, Monday through Friday, 8
a.m. to 4:30 p.m.