WSR 02-19-001

PREPROPOSAL STATEMENT OF INQUIRY

MILITARY DEPARTMENT


[ Filed September 4, 2002, 2:29 p.m. ]

Subject of Possible Rule Making: The 2002 regular legislative session, section 8, chapter 341 (HB 2595), authorizes the Department of Revenue to collect a new excise tax of $.20 per radio access line per month beginning January 1, 2003. Funds will be deposited in the enhanced 911 account established in RCW 38.52.540. Rules are required to specify how these funds will be distributed to counties and carriers for providing wireless enhanced 911 service. Section 6, chapter 341, designates the enhanced 911 coordinator, with advice of the Enhanced 911 Advisory Committee, to establish uniform technical and operational standards.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 38.52.540.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 38.52.540 specifies that the state enhanced 911 coordinator, with the advice and assistance of the Enhanced 911 Advisory Committee, is authorized to specify by rule the additional purposes for which moneys, if available, may be expended from this account. Effective January 1, 2003, the enhanced 911 fund shall be used to support implementation of wireless enhanced 911 service statewide, including adequate funding of counties to enable implementation of wireless enhanced 911 service. RCW 38.52.561 designates the enhanced 911 coordinator, with advice of the Enhanced 911 Advisory Committee, to establish uniform technical and operational standards. Standards must be nondiscriminatory and uniform and must not exceed requirements set by the Federal Communications Commission.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Federal Communications Commission, Washington, DC issues orders and rules governing wireless communications carriers, sometimes referred to as commercial mobile radio services (CMRS) providers, and has issued a schedule for implementation and upgrading of wireless carrier networks for enhanced 911 emergency services. State rules need to be consistent with FCC orders.

Process for Developing New Rule: Negotiated rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting David Griffith, Wireless Rule-making Coordinator, Building 20, Camp Murray, WA 98430-5122, (253) 512-7015.

August 30, 2002

Robert G. Oenning

State Enhanced 911 Coordinator

Washington State Code Reviser's Office