Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-19-001.

     Title of Rule: Adds new chapter 118-67 WAC, Wireless enhanced 9-1-1 calls from radio communications service companies -- Technical and operational standards.

     Purpose: The purpose of this rule is to incorporate changes made to the RCW by HB 2595 (chapter 341) on enhanced 911 service.

     Statutory Authority for Adoption: RCW 38.52.540.

     Statute Being Implemented: HB 2595, chapter 341, Laws of 2002.

     Summary: The purpose of new chapter 118-67 WAC is to specify technical and operational standards for enhanced 911 service from radio communications service as enacted by the 2002 legislature, chapter 341, Laws of 2002.

     Reasons Supporting Proposal: This rule making creates a new section to implement RCW 38.52.561 as enacted and signed during the 2002 legislative session.

     Name of Agency Personnel Responsible for Drafting: David Griffith, Camp Murray, Building 20, (253) 512-7015; Implementation and Enforcement: Bob Oenning, Camp Murray, Building 20, (253) 512-7011.

     Name of Proponent: State Enhanced 911 Coordinator, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: HB 2595 added a statewide excise tax to be collected from wireless telephone users and to be used to fund implementation and operation of wireless enhanced 911 service and authorized the state enhanced 9-1-1 coordinator to set technical and operational standards for wireless enhanced 9-1-1 service. New chapter 118-67 WAC defines technical and operational standards for radio communications service providers and public safety answering points (PSAPs) that provide wireless enhanced 911 service.

     Proposal Changes the Following Existing Rules: These changes reflect the addition of new sections RCW 38.52.501 and 38.52.561.

     Addition of chapter 118-67 WAC, Wireless enhanced 9-1-1 calls from radio communications service companies -- Technical and operational standards, to include:

•     WAC 118-67-010 defines the authority for chapter 118-67 WAC.

•     WAC 118-67-020 defines the purpose of chapter 118-67 WAC.

•     WAC 118-67-030 provides definitions for terms used in the chapter.

•     WAC 118-67-040 introduces use of FCC rules for setting technical and operational standards for wireless enhanced 9-1-1 service.

•     WAC 118-67-050 sets wireless Phase II accuracy standards.

•     WAC 118-67-060 sets wireless Phase I schedules and requirements.

•     WAC 118-67-070 sets wireless Phase II schedules and requirements.

•     WAC 118-67-080 sets schedules for use of network based location technologies.

•     WAC 118-67-090 sets schedules for use of handset based location technologies.

•     WAC 118-67-100 sets requirements for PSAPs.

•     WAC 118-67-110 sets requirements for TTY devices.

•     WAC 118-67-120 addresses RCSCs' responsibilities for nonservice initialized handsets.

•     WAC 118-67-130 addresses manufacturers' responsibilities for nonservice initialized handsets.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. These rules do not impact small businesses.

     RCW 34.05.328 does not apply to this rule adoption. Chapter 118-67 WAC applies to the enforcement of RCW 38.52.561.

     Hearing Location: Radisson Hotel Seattle Airport, 17001 Pacific Highway South, Seattle, WA 98188 (for directions contact Teresa Lewis at (253) 512-7012), on December 11, 2003, at 2:00 p.m.

     Assistance for Persons with Disabilities: Contact Teresa Lewis by December 8, 2003, (253) 512-7012.

     Submit Written Comments to: David Griffith, Wireless WAC Rule-making Coordinator, Enhanced 911 Program, Emergency Management Division, Building 20, TA-20, Camp Murray, WA 98430-5122, fax (253) 512-7202, by December 8, 2003.

     Date of Intended Adoption: December 11, 2003.

October 8, 2003

Robert G. Oenning

E911 Coordinator

[]

     (2) The FCC, in its orders may refer to or approve standards adopted by the following standards bodies:

     (a) Alliance for Telecommunications Industry Solutions (ATIS);

     (b) Emergency Services Interconnection Forum (ESIF);

     (c) National Emergency Number Association (NENA).

     (3) This chapter is based upon and does not exceed FCC requirements contained in 47 CFR § 20.18.

[]

     (2) "Emergency Services Interconnection Forum (ESIF)" shall mean the working group of ATIS that provides a venue for the telecommunications industry, public safety and other stakeholders to develop and refine technical and operational interconnection issues that will ensure E9-1-1 service will be available for everyone.

     (3) "Federal Communications Commission (FCC)" shall mean the agency of the federal government established under the Communications Act of 1934, as revised, for the purpose of regulating interstate communication by wire and radio.

     (4) "National Emergency Number Association (NENA)" shall mean the group established to foster the technological advancement, availability, and implementation of a universal emergency telephone number system.

     (5) "Non-Service Initialized Handsets" shall mean a handset for which there is no valid service contract with an RCSC.

     (6) "Phase I Enhanced 9-1-1 Service" shall mean wireless 9-1-1 service where the RCSC is required to provide the telephone number of the originator of a 9-1-1 call and the location of the cell site or base station receiving a 9-1-1 call from any mobile handset accessing their systems to the designated PSAP through the use of ANI and Pseudo-ANI (see WAC 118-66-030).

     (7) "Phase II Enhanced 9-1-1 Service" shall mean wireless 9-1-1 service where the RCSC is required to provide the telephone number of the originator of a 9-1-1 call and the location by latitude and longitude to the designated PSAP.

     (8) "Radio Communications Service Company (RCSC)" shall mean every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court, and every city or town making available facilities to provide commercial mobile radio communications services, or cellular communications service for hire, sale, and both facilities-based and nonfacilities-based resellers, and does not include radio-paging providers.

     (9) "9-1-1 Only Handsets" shall mean a non-service-initialized handset that is manufactured with the capability of dialing 9-1-1 only and that cannot receive incoming calls.

[]

     (2) The authority given to the state enhanced 9-1-1 coordinator by RCW 38.52.561 is limited to setting standards as set forth in that section and does not constitute authority to regulate radio communications service companies.

[]

     (a) For network-based technologies: 100 meters for 67 percent of calls, 300 meters for 95 percent of calls;

     (b) For handset-based technologies: 50 meters for 67 percent of calls, 150 meters for 95 percent of calls.

     (c) For the remaining 5 percent of calls, location attempts must be made and a location estimate for each call must be provided to the appropriate PSAP.

     (2) Adhere to schedules for implementation of Phase I and Phase II enhanced 9-1-1 service (see paragraphs 20.18 (d) thru (g) of the FCC Rules and subsequent modifications of the FCC's Richardson Order and Phase II Compliance Deadlines in CC Docket 94-102):

[]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 118-67-060   Phase I enhanced 9-1-1 service   (1) Within six months of a request by the designated Public Safety Answering Point as set forth in WAC 118-67-100, RCSCs must provide the telephone number of the originator of a 9-1-1 call and the location of the cell site or base station receiving a 9-1-1 call from any mobile handset accessing their systems to the designated Public Safety Answering Point through the use of ANI and Pseudo-ANI.

     (2) When the directory number of the handset used to originate a 9-1-1 call is not available to the serving carrier, such carrier's obligations under paragraph (1) of this section extend only to delivering 9-1-1 calls and available call party information, including that prescribed in WAC 118-67-120 to the designated Public Safety Answering Point.

     (3) With respect to 9-1-1 calls accessing their systems through the use of TTYs, RCSCs must comply with the requirements in paragraphs (1) and ((2) of this section, as to calls made using a digital wireless system.

[]

     Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 118-67-070   Phase II enhanced 9-1-1 service.   RCSCs must provide to the designated Public Safety Answering Point, Phase II enhanced 9-1-1 service, i.e., the location of all 9-1-1 calls by longitude and latitude in conformance with Phase II accuracy requirements of WAC 118-67-050.

[]

[]

     (1) Without respect to any PSAP request for deployment of Phase II 9-1-1 enhanced service, the RCSC shall:

     (a) Ensure that 100 percent of all new digital handsets activated are location-capable.

     (b) By December 31, 2005, achieve 95 percent penetration of location-capable handsets among its subscribers.

     (2) Once a PSAP request is received, the RCSC shall, in the area served by the PSAP, within six months:

     (a) Install any hardware and/or software in the CMRS network and/or other fixed infrastructure, as needed, to enable the provision of Phase II enhanced 9-1-1 service; and

     (b) Begin delivering Phase II enhanced 9-1-1 service to the PSAP.

     (3) For all 9-1-1 calls from portable or mobile phones that do not contain the hardware and/or software needed to enable the RCSC to provide Phase II enhanced 9-1-1 service, the RCSC shall, after a PSAP request is received, support, in the area served by the PSAP, Phase I location for 9-1-1 calls or other available best practice method of providing the location of the portable or mobile phone to the PSAP.

     (4) RCSCs employing handset-based location technologies shall ensure that location-capable portable or mobile phones shall conform to industry interoperability standards designed to enable the location of such phones by multiple RCSCs.

[]

     (1) The requirements set forth in WAC 118-67-050, 060, 070, 080, and 090, shall be applicable only if the administrator of the designated Public Safety Answering Point has requested the services required under those paragraphs and is capable of receiving and utilizing the data elements associated with the service, and a mechanism for recovering the Public Safety Answering Point's costs of the enhanced 9-1-1 service is in place.

     (2) A Public Safety Answering Point will be deemed capable of receiving and utilizing the data elements associated with the service requested if it can demonstrate that it has ordered the necessary equipment and has commitments from suppliers to have it installed and operational within the six-month period specified in WAC 118-67-060, 080, or 090, as applicable, and can demonstrate that it has made a timely request to the appropriate LEC for the necessary trunking and other facilities.

     (3) In the alternative, a Public Safety Answering Point will be deemed capable of receiving and utilizing the data elements associated with Phase II service if it is Phase I-capable using an NCAS methodology, and if it can demonstrate that it has made a timely request to the appropriate LEC for the ALI database upgrade necessary to receive the Phase II information.

[]

[]

     Reviser's note: The unnecessary strikethrough in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 118-67-120   Non-service-initialized handsets.   RCSCs that donate a non-service-initialized handset for purposes of providing access to 9-1-1 services are required to:

     (1) Program 9-1-1 followed by the last seven digits of the serial number as the telephone number/mobile identification number into each handset;

     (2) Affix to each handset a label that is designed to withstand the length of service expected for a non-service-initialized phone, and that notifies the user that the handset can only be used to dial 9-1-1, that the 9-1-1 operator will not be able to call the user back, and that the user should convey the exact location of the emergency as soon as possible; and

     (3) Institute a public education program to provide the users of such handsets with information regarding the limitations of non-service-initialized handsets.

[]

     (1) Program each handset with 9-1-1 followed by the last seven digits of the serial number as its telephone number/mobile identification number;

     (2) Affix to each handset a label that is designed to withstand the length of service expected for a non-service-initialized phone, and which notifies the user that the handset can only be used to dial 9-1-1, that the 9-1-1 operator will not be able to call the user back, and that the user should convey the exact location of the emergency as soon as possible; and

     (3) Institute a public education program to provide the users of such handsets with information regarding the limitations of 9-1-1-only handsets.

[]

© Washington State Code Reviser's Office