Chapter 4901:1-8 9-1-1 Service Program

4901:1-8-01 Definitions.

As used within this chapter:

(A) "9-1-1 system" means a system through which individuals can request emergency service using the telephone number 9-1-1.

(B) "Automatic location identification (ALI)" means the address/location of the telephone from which a call originates and supplementary emergency services information.

(C) "Automatic number identification (ANI)" means the telephone number associated with the access line from which a call originates.

(D) "Competitive local exchange carrier (CLEC)" means any facilities-based and nonfacilities-based local exchange carrier that was not an incumbent local exchange carrier on the date of enactment of the Telecommunications Act of 1996 (1996 act) or is not an entity that, on or after such date of enactment, became a successor, or assign of an incumbent local exchange carrier.

(E) "E9-1-1 database" means the database maintained by each service provider which provides end user telephone number and location information for the initial load and ongoing updates to the ALI database held by the database management system provider.

(F) "Enhanced 9-1-1 system service provider (SSP)" means a provider of systems and support necessary to enable wireline 9-1-1 calling for one or more PSAPs in a specific geographic area. Services include, but are not limited to:

(1) A method of interconnection for all telecommunication providers into the 9-1-1 system.

(2) A method to provide selective routing and location information for an emergency caller to a PSAP through management of a 9-1-1 database and, if required, to other emergency response agencies.

(G) "Incumbent local exchange carrier (ILEC)" with respect to any area, means any facilities-based local exchange carrier that:

(1) On the date of enactment of the 1996 act, provided basic local exchange service in such area.

(2) On the date of enactment, was deemed to be: (a) a member of the exchange carrier association pursuant to 47 C.F.R. 69.601(b) , as effective on November 1, 2006; or (b) a person or entity that, on or after such date of enactment, became a successor or assignee of a member described in this paragraph.

(H) "Ohio 9-1-1 coordinator" is a public official, located within the public utilities commission and created under section 4931.60 of the Revised Code, who is charged with carrying out the duties described in section 4931.60 of the Revised Code.

(I) "Ohio wireless 9-1-1 surcharge" means a monthly charge, identified in section 4931.61 of the Revised Code, imposed on each wireless telephone number of wireless service subscribers within Ohio, and utilized for the implementation of countywide wireless enhanced 9-1-1.

(J) "Outage" means a significant degradation in the ability of an end user to establish and maintain a channel of communications as a result of failure or degradation in the performance of a communication provider's network.

(K) "Outbound emergency notification message" means the outbound telephonic notification alert distributed to wireline end users, which relates details regarding a public emergency event in the affected geographically defined area.

(L) "Outbound emergency notification messaging system" means a system which performs an outbound emergency notification message to wireline telephone end users, utilizing information obtained from a database that holds end user records supplied by a wireline telephone company and serves the PSAP of a 9-1-1 system established under sections 4931.40 to 4931.70 of the Revised Code.

(M) "Public safety answering point (PSAP)" means a facility to which 9-1-1 system calls for a specific territory are initially routed for response and where personnel respond to specific requests for emergency service by directly dispatching the appropriate emergency service provider, relaying a message to the appropriate provider, or transferring the call to the appropriate provider.

(N) "User minutes" means the mathematical result of multiplying the duration of an outage expressed in minutes, by the number of end users potentially affected by the outage.

(O) "Wireless enhanced 9-1-1" means enhanced wireless 9-1-1, as described in 47 C.F.R. 20.18(d) to (h) , as effective November 1, 2006, that, has the capabilities of wireless phase 1 service and, to the extent available, wireless phase II service .

(P) "Wireless 9-1-1 government assistance fund" is a custodial fund, created under division (B) of section 4931.63 of the Revised Code, utilized for the remittance of moneys collected by the wireless service providers and resellers under section 4931.61 of the Revised Code, and for disbursements to counties for the implementation of wireless enhanced 9-1-1.

(Q) "Wireless phase I service (phase I)" means the delivery of a wireless 9-1-1 call with callback number and identification of the cell tower from which the call originated.

(R) "Wireless phase II service (phase II)" means the delivery of a wireless 9-1-1 call with phase I requirements and the location coordinates of the caller.

(S) "Wireless service" means a federally licensed commercial mobile service as defined in 47 U.S.C. 332(d) and further defined as commercial mobile radio service in 47 C.F.R. 20.3 , effective as of November 1, 2006, and includes service provided by any wireless, two-way communications device, including a radio-telephone communications line used in cellular telephone service or personal communications service, a network radio access line, or any functional or competitive equivalent of such a radio-telephone communications or network radio access line.

(T) "Wireless service provider" means a facilities-based provider of wireless service to one or more end users in this state.

(U) "Wireless service reseller" means a nonfacilities-based provider of wireless service to one or more end users in this state.

(V) "Wireline service provider" means a facilities-based or nonfacilities-based provider of wireline service to one or more end users in this state.

Effective: 05/31/2007
R.C. 119.032 review dates: 05/31/2012
Promulgated Under: 111.15
Statutory Authority: 4931.67 , 4931.49
Rule Amplifies: 4931.60 , 4931.61 , 4931.62 , 4931.63 , 4931.64 , 4931.65 , 4931.66 , 4931.67 , 4931.68 , 4931.69 , 4931.70 , 4931.49

4901:1-8-02 General provisions.

(A) This chapter of the Administrative Code does not apply to paging or any service that can not be used to call 9-1-1.

(B) The public utilities commission may, upon its own motion or for good cause shown, waive any requirement, standard, or rule set forth in this chapter.

Effective: 06/10/2007
R.C. 119.032 review dates: 05/31/2012
Promulgated Under: 111.15
Statutory Authority: 4931.67 , 4931.49
Rule Amplifies: 4931.60 , 4931.61 , 4931.62 , 4931.63 , 4931.64 , 4931.65 , 4931.66 , 4931.67 , 4931.49

4901:1-8-03 Accounting.

(A) In the collection, retention, and remittance of wireless funds identified under sections 4931.61 and 4931.62 of the Revised Code, each wireless service provider and reseller shall keep their books, accounts, and records in accordance with generally accepted accounting principles, as prescribed by the "U.S. Financial Accounting Standards Board."

(B) In submitting funds collected under section 4931.61 of the Revised Code, to the Ohio 9-1-1 coordinator, each wireless service provider and reseller, as prescribed by the Ohio 9-1-1 coordinator, shall:

(1) Remit funds for deposit to the wireless 9-1-1 government assistance fund on a monthly basis.

(2) Complete and submit to the Ohio 9-1-1 coordinator a remittance form that includes:

(a) The name of the submitting wireless service provider or reseller.

(b) The name of the submitting entity, if different from paragraph (B)(2)(a) of this rule.

(c) The complete mailing address of the submitting wireless service provider or reseller.

(d) A contact name and phone number for the submitting wireless service provider or reseller.

(e) The date the fees are submitted.

(f) The month the fees were assessed in.

(g) The total fees assessed to end users.

(h) The total fees collected by the wireless service provider or reseller.

(i) The total fees retained by the wireless service provider or reseller.

(j) The total fees submitted to the public utilities commission.

(k) An explanation of any discrepancy between paragraphs (B)(2)(g) and (B)(2)(h) of this rule.

(C) Each wireless service provider and reseller who experiences a five per cent semiannual decrease in the gross remittance of the Ohio wireless 9-1-1 surcharge, submitted to the public utilities commission as required under section 4931.62 of the Revised Code, shall provide a written report to the Ohio 9-1-1 coordinator. The reporting periods shall include January one to June thirtieth and July one to December thirty-one of each year. The report shall be made to the Ohio 9-1-1 coordinator within thirty days of the end of the period. The report shall include:

(1) Any information the wireless service provider or reseller may possess regarding the decrease in remittances.

(2) A detailed accounting of the number of Ohio end users held by the wireless service provider during the affected months, the total amount of the Ohio wireless 9-1-1 surcharge assessed to those end users, the total collections of the Ohio wireless 9-1-1 surcharge received from those end users, the total of the Ohio wireless 9-1-1 surcharge uncollected from those end users, and the amount of the Ohio wireless 9-1-1 surcharge paid by the wireless service provider on behalf of those end users the wireless service provider failed to collect from.

(D) In accordance with division (B) of section 4931.66 of the Revised Code, any information provided under division (A) of section 4931.66 of the Revised Code, that consists of trade secrets as defined in section 1333.61 of the Revised Code, or of information regarding the end users, revenues, expenses, or network information of a telephone company shall be held confidential and does not constitute a public record for the purpose of section 149.43 of the Revised Code.

(E) The approval process for disbursements from the wireless 9-1-1 government assistance fund shall be defined by order of the public utilities commission.

(F) Upon approval for funding disbursements from the wireless 9-1-1 government assistance fund, each county shall provide the Ohio 9-1-1 coordinator with account information to facilitate the electronic transfer of funds.

(G) Each county seeking approval under paragraph (H) of this rule shall complete an application form prescribed by the Ohio 9-1-1 coordinator, which shall include an acknowledgement of the limited duration of the funding source.

(H) A county seeking to use funds distributed from the wireless 9-1-1 government assistance fund for personnel costs, as prescribed in division (B) of section 4931.65 of the Revised Code, shall certify to the Ohio 9-1-1 coordinator the following:

(1) A detailed accounting of expenditures utilized from the wireless 9-1-1 government assistance fund toward the implementation of wireless enhanced 9-1-1.

(2) Any remaining balances from disbursements of the wireless 9-1-1 government assistance fund.

(3) Amount of funding supplemented from sources other than the wireless 9-1-1 government assistance fund in the implementation of wireless enhanced 9-1-1.

(4) Implementation date of countywide wireless enhanced 9-1-1.

(5) Three most immediate preceding year history of personnel capital budgetary levels for each public safety answering point (PSAP).

(6) Three most immediate preceding year history of the 9-1-1 system call statistics, including an itemization of calls by service type.

(7) Projection of calls to be taken over the next three years, including an itemization of calls by service type.

(8) Technological architecture of the countywide 9-1-1 system.

(9) Number and location of PSAPs taking wireless enhanced 9-1-1 calls.

(10) Current staffing levels at each PSAP.

(11) Proposed use of wireless funds in personnel budgets.

(I) Should the Ohio 9-1-1 coordinator discover a potential misuse of funds distributed from the wireless 9-1-1 government assistance fund, the Ohio 9-1-1 coordinator shall notify the appropriate investigative authorities.

Effective: 05/31/2007
R.C. 119.032 review dates: 05/31/2012
Promulgated Under: 111.15
Statutory Authority: 4931.67
Rule Amplifies: 4931.60 , 4931.61 , 4931, 62, 4931.63 , 4931.64 , 4931.65 , 4931.66 , 4931.67

4901:1-8-04 Records.

(A) Each wireless service provider and reseller shall maintain a record retention policy in accordance with Chapter 4901:1-5 of the Administrative Code, inclusive of such items associated with the collection and remittance of the Ohio wireless 9-1-1 surcharge identified in section 4931.61 of the Revised Code, which includes, but is not limited to:

(1) Billing information.

(2) Collection information.

(3) Remittance data.

(4) Billing fee retention.

(5) Annual county end user counts (number of wireless numbers assigned to wireless subscribers with billing addresses in each county) submitted under section 4931.64 of the Revised Code.

(6) Monthly end user counts for the assessment, collection, and remittance of the surcharge identified in section 4931.61 of the Revised Code; and an indication of the methodology utilized to determine the number of end users within that month.

(B) Each public safety answering point (PSAP) shall maintain a thirty-six month record retention for all documents associated with the provision of wireless enhanced 9-1-1, which includes, but is not limited to:

(1) Use of funds.

(2) Budgetary information relative to the establishment, continuance, maintenance, and staffing of countywide wireless enhanced 9-1-1.

(3) Supplementary funding sources.

(4) Funding shortfalls.

(5) Wireless service call statistics.

(C) Each PSAP shall, upon request, provide the Ohio 9-1-1 coordinator and/or Ohio wireless 9-1-1 advisory board with such records identified in paragraph (B) of this rule, to assist the Ohio 9-1-1 coordinator in fulfilling the requirements under section 4931.70 of the Revised Code.

(D) Updates to the E9-1-1 database shall occur in the following manner:

(1) Each competitive local exchange carrier (CLEC) shall submit an update to the E9-1-1 database for any end user residing on its switch within twenty-four hours of adding or updating an end user's information.

(2) Each CLEC shall submit an update to the E9-1-1 database for any end user to whom the CLEC is providing service under a commercial agreement with an incumbent local exchange carrier (ILEC), except as provided in paragraph (D)(3)(b) of this rule, within twenty-four hours of adding or updating an end user's information.

(3) Each ILEC shall update its own E9-1-1 database, or submit an update to a database managed by another entity, within twenty-four hours of adding or updating either:

(a) Its own end user's information.

(b) The information of a CLEC end user, whose service is being provided under a resale agreement with the ILEC.

(E) Each entity administering an E9-1-1 database shall maintain daily records for updates submitted to its E9-1-1 database, which shall include:

(1) The date the update was submitted.

(2) The service provider or entity making the submission.

(3) The number of records updated.

Effective: 05/31/2007
R.C. 119.032 review dates: 05/31/2012
Promulgated Under: 111.15
Statutory Authority: 4931.67
Rule Amplifies: 4931.60 , 4931.61 , 4931.62 , 4931.63 , 4931.64 , 4931.65 , 4931.66 , 4931.67

4901:1-8-05 Reporting.

(A) Each wireless service provider and reseller, in calculating its end user count information for submission to the Ohio 9-1-1 coordinator, under division (A)(1) of section 4931.64 of the Revised Code, shall adjust counts between counties utilizing the four-digit extended zone improvement program postal code information, as utilized by the United States postal service.

(B) Each wireless service provider or reseller, in calculating its end user count information for submission to the Ohio 9-1-1 coordinator, under division (A)(1) of section 4931.64 of the Revised Code, shall adjust its count for those prepaid end users for which it does not hold billing address information based upon either:

(1) The county in which the sale of minutes occurred.

(2) The percentage of its total postpaid end users reported for each county.

(C) The Ohio 9-1-1 coordinator may waive the requirements established in paragraph (A) or (B) of this rule and permit a wireless service provider to utilize an alternate internal method of allocating end users between counties upon written request to the Ohio 9-1-1 coordinator. Any such alternate method shall be found reliable, effective, and in agreement with section 4931.64 of the Revised Code prior to a waiver being granted.

(D) Each enhanced 9-1-1 system service provider (SSP) that discovers a disruption or impairment of automatic number identification (ANI) or automatic location identification (ALI) information, not occurring on the public safety answering point's (PSAP) premises, shall report, by telephone or electronic means, to the Ohio 9-1-1 coordinator within two hours, and to the affected PSAP as soon as reasonably possible when the disruption is both:

(1) Expected to last for a period in excess of thirty minutes.

(2) Potentially affects at least nine hundred thousand user minutes.

(E) Each SSP, experiencing a disruption defined under paragraph (D) of this rule, shall notify, as soon as possible, by telephone or other electronic means, any official who has been designated by the management of the affected 9-1-1 facility as the SSP's contact person for the communication outages at that facility; and the SSP shall convey to that person all available information that may be useful to the management of the affected facility in mitigating the effects of the outage on efforts to communicate with that facility.

(F) Each SSP, experiencing a disruption defined under paragraph (D) of this rule, shall electronically submit to the Ohio 9-1-1 coordinator the following information:

(1) A notification within two hours of discovering that it has experienced a disruption of a 9-1-1 facility, which shall include the name of the reporting entity, the date and time of the onset of the disruption, a brief description of the problem, the particular service affected, the geographic area affected by the disruption, and a contact name and telephone number by which the Ohio 9-1-1 coordinator may contact the entity.

(2) Not later than seventy-two hours after discovering the outage, an initial communications outage report, which shall include all pertinent information then available on the disruption and shall be submitted in good faith.

(3) Not later than thirty days after discovering the outage, the SSP shall submit electronically a final communications outage report, which shall include all pertinent information on the disruption, including any information that was not contained in, or that has changed from that provided in the initial report.

(G) Each enhanced 9-1-1 SSP shall maintain the ability to reroute calls to another PSAP or secondary answering point.

(H) Each enhanced 9-1-1 SSP shall retain and record the reliability information it collects from each PSAP within its service territory. Such information shall be retained for a period of time in accordance with Chapter 4901:1-5 of the Administrative Code, and shall be made available to the Ohio 9-1-1 coordinator upon request. Each SSP shall submit, no later than June 1, 2007, the error reporting categories it collects and definitions for these categories to the Ohio 9-1-1 coordinator. An SSP may revise its reporting categories (starting with the next succeeding calendar year) by submitting such revisions and definitions for such revisions to the Ohio 9-1-1 coordinator for review and acceptance. Reporting categories should reflect the general accuracy of the 9-1-1 database. If the company and the Ohio 9-1-1 coordinator cannot agree on any revised reporting category, the 9-1-1 coordinator and/or the company may apply, within forty-five days after submission of the reporting categories, to the commission for resolution of the dispute.

Effective: 05/31/2007
R.C. 119.032 review dates: 05/31/2012
Promulgated Under: 111.15
Statutory Authority: 4931.67
Rule Amplifies: 4931.64

4901:1-8-06 Outbound emergency notification messaging.

(A) No entity may activate or perform an outbound emergency notification message in the absence of a public emergency. For the purposes of this rule section, a public emergency shall be defined as the presence of actual or imminent conditions which present either:

(1) An immediate danger to the health or safety of people.

(2) A likelihood of severe irreparable damage to property.

(B) Each entity which performs an outbound emergency notification message shall do so in coordination with other municipalities within the county.

(C) Each entity who performs an outbound emergency notification message shall notify the Ohio 9-1-1 coordinator in writing within twenty-four hours after initiating the messaging. The report shall include:

(1) The date and time that the outbound emergency notification message was initiated.

(2) The total number of individual unique outbound emergency notification messages sent.

(3) The circumstances surrounding the situation that spurred the outbound emergency notification message(s).

(4) The total number of telephone numbers the message(s) was delivered to.

(5) The number of square miles included in the geographic area of the outbound emergency notification message(s).

(6) A summary of whether or not the entity submitting the report believes the outbound emergency notification message will be utilized to deliver a message in relation to this same situation in the near future and, if so, for what length of time the submitting entity believes the situation will continue.

(D) Each entity who wishes to perform a test message of an outbound emergency notification messaging system shall provide twenty-four hours advanced notification of the scope and scheduled time of the test to:

(1) The news media in the affected area.

(2) The Ohio 9-1-1 coordinator.

Effective: 05/31/2007
R.C. 119.032 review dates: 05/31/2012
Promulgated Under: 111.15
Statutory Authority: 4931.49
Rule Amplifies: 4931.49