COMMERCIAL MOBILE RADIO SERVICE EMERGENCY TELECOMMUNICATIONS BOARD OF KENTUCKY

November 22, 1999

(1) 202 KAR 6:010. Definitions for 202 KAR Chapter 6.

(2) The Commercial Mobile Radio Service Emergency Telecommunications Board of Kentucky intends to promulgate the administrative regulation cited above.

(3) A public hearing to receive oral and written comments on the proposed administrative regulation has been scheduled for January 26, 2000, at 10 a.m. in the Telecommunications Conference Room, 100 Fair Oaks Lane, Suite 102A, Frankfort, Kentucky 40601.

(4)(a) The public hearing will be held if:

1. It is requested, in writing, by at least 5 persons, or an administrative body, or an association having at least 5 members; and

2. A minimum of 5 persons, or the administrative body or association, agree, in writing, to be present at the public hearing.

(b) If a request for a public hearing, and agreement to attend the public hearing, are not received from the required number of people at least 10 calendar days prior to the hearing date, the public hearing will be canceled.

(5)(a) Persons wishing to request a public hearing should mail their written request to the following address: John J. Patterson, ENP, CMRS Administrator, 100 Fair Oaks Lane, Suite 102A, Frankfort, Kentucky 40601, Phone: (502) 564-2638, FAX: (502) 564-3204.

(b) On a request for a public hearing, a person shall state:

1. "I agree to attend the public hearing."; or

2. "I will not attend the public hearing."

(6)(a) KRS Chapter 13A provides that persons who desire to be informed of the intent of an administrative body to promulgate an administrative regulation governing a specific subject matter may file a request to be informed by the administrative body.

(b) Persons who wish to file the request may obtain a request form from the CMRS Administrator at the above address.

(7) Information relating to the proposed administrative regulation:

(a) The statutory authority for the promulgation of the above-cited administrative regulation is contained in KRS 65.7633(1).

(b) The proposed regulation provides definitions for certain essential terms used in 202 KAR Chapter 6.

(c) The necessity and function of the proposed administrative regulation is as follows: KRS 65.7633(1) requires the CMRS Board to implement the provisions of KRS 65.7621 to 65.7643 through the promulgation of administrative regulations. This regulation provides definitions for certain essential terms used in 202 KAR Chapter 6.

(d) The benefit expected from this proposed administrative regulation is as follows: Clearer understanding of terminology used in 202 KAR Chapter 6 and the intent of KRS 65.7621 to 65.7643.

(e) This administrative regulation will be implemented by the CMRS Board by providing to wireless providers when they apply for cost recovery and PSAPs when they apply for certification a copy of this regulation to ensure awareness of the meaning of terminology used by the CMRS Board.

November 22, 1999

(1) 202 KAR 6:020. CMRS carrier cost recovery.

(2) The Commercial Mobile Radio Service Emergency Telecommunications Board of Kentucky intends to promulgate the administrative regulation cited above.

(3) A public hearing to receive oral and written comments on the proposed administrative regulation has been scheduled for January 26, 2000, at 1 p.m. in the Telecommunications Conference Room , 100 Fair Oaks Lane, Suite 102A, Frankfort, Kentucky 40601.

(4)(a) The public hearing will be held if:

1. It is requested, in writing, by at least 5 persons, or an administrative body, or an association having at least 5 members; and

2. A minimum of 5 persons, or the administrative body or association, agree, in writing, to be present at the public hearing.

(b) If a request for a public hearing, and agreement to attend the public hearing, are not received from the required number of people at least 10 calendar days prior to the hearing date, the public hearing will be canceled.

(5)(a) Persons wishing to request a public hearing should mail their written request to the following address: John J. Patterson, ENP, CMRS Administrator, 100 Fair Oaks Lane, Suite 102A, Frankfort, Kentucky 40601, Phone: (502) 564-2638, FAX: (502) 564-3204.

(b) On a request for a public hearing, a person shall state:

1. "I agree to attend the public hearing."; or

2. "I will not attend the public hearing."

(6)(a) KRS Chapter 13A provides that persons who desire to be informed of the intent of an administrative body to promulgate an administrative regulation governing a specific subject matter may file a request to be informed by the administrative body.

(b) Persons who wish to file the request may obtain a request form from the CMRS Administrator at the above address.

(7) Information relating to the proposed administrative regulation:

(a) The statutory authority for the promulgation of the above-cited administrative regulation is contained in KRS 65.7633.

(b) The proposed regulation will adopt the process by which CMRS carriers may obtain cost recovery for their actual expenses incurred in complying with the wireless E911 service requirements established by FCC Order on Docket #94-102.

(c) The necessity and function of the proposed administrative regulation is as follows: KRS 65.7631(3) requires the CMRS Board to distribute a percentage of the revenues deposited into the CMRS fund to CMRS providers (carriers) licensed to do business in the Commonwealth solely for the purpose of reimbursing the actual expenses incurred by the CMRS providers in complying with the wireless E911 service requirements established by the FCC Order and any rules and regulations which are or may be adopted by the Federal Communications Commission in carrying out the FCC order. This regulation establishes the process by which CMRS carriers may obtain cost recovery for those expenses.

(d) The benefit expected from this proposed administrative regulation is as follows: By providing enhanced 9-1-1 services to wireless consumers, the location and a call back number for wireless users will be available to public safety dispatchers and the calls will be initially routed to the local responding agency. These benefits will allow a more rapid and accurate response by emergency personnel which has been thoroughly documented to substantially reduce: the loss of human life, the cost of medical care attributable to traumatic injuries and catastrophic illness, and the destruction and damage to personal and public property. Extending these services to wireless telephony users will also ensure that the evolution in telecommunications technology will not diminish the nation's investment in 9-1-1 technology and that investment will continue to provide the described benefits as originally intended.

(e) This administrative regulation will be implemented by the CMRS Board by accepting applications for cost recovery from wireless carriers; by working with the carriers to create cost efficient approaches to the implementation of wireless 9-1-1 connectivity; by approving submitted invoices; and by disbursing funds designated by statute to the wireless carriers operating in the Commonwealth.

November 22, 1999

(1) 202 KAR 6:030. Confidential and proprietary information.

(2) The Commercial Mobile Radio Service Emergency Telecommunications Board of Kentucky intends to promulgate the administrative regulation cited above.

(3) A public hearing to receive oral and written comments on the proposed administrative regulation has been scheduled for January 26, 2000, at 9 a.m. in the Telecommunications Conference Room, 100 Fair Oaks Lane, Suite 102A, Frankfort, Kentucky 40601.

(4)(a) The public hearing will be held if:

1. It is requested, in writing, by at least 5 persons, or an administrative body, or an association having at least 5 members; and

2. A minimum of 5 persons, or the administrative body or association, agree, in writing, to be present at the public hearing.

(b) If a request for a public hearing, and agreement to attend the public hearing, are not received from the required number of people at least 10 calendar days prior to the hearing date, the public hearing will be canceled.

(5)(a) Persons wishing to request a public hearing should mail their written request to the following address: John J. Patterson, ENP, CMRS Administrator, 100 Fair Oaks Lane, Suite 102A, Frankfort, Kentucky 40601, Phone: (502) 564-2638, FAX: (502) 564-3204.

(b) On a request for a public hearing, a person shall state:

1. "I agree to attend the public hearing."; or

2. "I will not attend the public hearing."

(6)(a) KRS Chapter 13A provides that persons who desire to be informed of the intent of an administrative body to promulgate an administrative regulation governing a specific subject matter may file a request to be informed by the administrative body.

(b) Persons who wish to file the request may obtain a request form from the CMRS Administrator at the above address.

(7) Information relating to the proposed administrative regulation:

(a) The statutory authority for the promulgation of the above-cited administrative regulation is contained in KRS 65.7633(1) and 65.7639.

(b) The proposed regulation will establish the procedures by which the board will insure the security of information deemed confidential or proprietary.

(c) The necessity and function of the proposed administrative regulation is as follows: KRS 65.7633(1) requires the CMRS Board to implement the provisions of KRS 65.7621 to 65.7643 through the promulgation of administrative regulations. In order to comply with KRS 65.7629, 65.7639, and regulations promulgated by the CMRS Board, it is necessary that the board and PSAPs certified by the board obtain information deemed proprietary by the CMRS carriers or LECs. KRS 65.7639 protects such information and governs the form and manner of its release to others. This regulation establishes the procedures by which the board will insure the security of information deemed confidential or proprietary.

(d) The benefit expected from this proposed administrative regulation is as follows: Wireless providers will be assured that confidential and proprietary information released by them to the CMRS Board or to PSAPs will be managed in a manner that will not adversely impact their business activities and by extension damage what is widely regarded as a healthy, competitive, business environment.

(e) This administrative regulation will be implemented by the CMRS Board by notifying wireless providers when they apply for cost recovery and PSAPs when they apply for certification of the regulations governing the board's, its agents', and PSAPs employees' management of sensitive information; and by requiring all persons having access to such information to sign nondisclosure agreements.

November 22, 1999

(1) 202 KAR 6:040. Dispute resolution.

(2) The Commercial Mobile Radio Service Emergency Telecommunications Board of Kentucky intends to promulgate the administrative regulation cited above.

(3) A public hearing to receive oral and written comments on the proposed administrative regulation has been scheduled for January 26, 2000, at 11 a.m. in the Telecommunications Conference Room, 100 Fair Oaks Lane, Suite 102A, Frankfort, Kentucky 40601.

(4)(a) The public hearing will be held if:

1. It is requested, in writing, by at least 5 persons, or an administrative body, or an association having at least 5 members; and

2. A minimum of 5 persons, or the administrative body or association, agree, in writing, to be present at the public hearing.

(b) If a request for a public hearing, and agreement to attend the public hearing, are not received from the required number of people at least 10 calendar days prior to the hearing date, the public hearing will be canceled.

(5)(a) Persons wishing to request a public hearing should mail their written request to the following address: John J. Patterson, ENP, CMRS Administrator, 100 Fair Oaks Lane, Suite 102A, Frankfort, Kentucky 40601, Phone: (502) 564-2638, FAX: (502) 564-3204.

(b) On a request for a public hearing, a person shall state:

1. "I agree to attend the public hearing."; or

2. "I will not attend the public hearing."

(6)(a) KRS Chapter 13A provides that persons who desire to be informed of the intent of an administrative body to promulgate an administrative regulation governing a specific subject matter may file a request to be informed by the administrative body.

(b) Persons who wish to file the request may obtain a request form from the CMRS Administrator at the above address.

(7) Information relating to the proposed administrative regulation:

(a) The statutory authority for the promulgation of the above-cited administrative regulation is contained in KRS 65.7633(2)(d).

(b) The proposed regulation will establish the dispute resolution process for disputes regarding reimbursable costs and expenses under KRS 65.7631(2) and (3).

(c) The necessity and function of the proposed administrative regulation is as follows: KRS 65.7633(2)(d) requires the CMRS Board to establish procedures and guidelines for resolving disputes regarding reimbursable costs and expenses under KRS 65.7631(2) and (3). This regulation establishes the dispute resolution process.

(d) The benefit expected from this proposed administrative regulation is as follows: More rapid and less expensive resolution of impediments to improved wireless 9-1-1 service, thus saving more lives and property.

(e) This administrative regulation will be implemented by the CMRS Board by providing to wireless providers when they apply for cost recovery and PSAPs when they apply for certification a copy of this regulation to ensure awareness of the availability of a quick and effective means to resolve disputes.

November 22, 1999

(1) 202 KAR 6:050. PSAP certification.

(2) The Commercial Mobile Radio Service Emergency Telecommunications Board of Kentucky intends to promulgate the administrative regulation cited above.

(3) A public hearing to receive oral and written comments on the proposed administrative regulation has been scheduled for January 26, 2000, at 3 p.m. in the Telecommunications Conference Room, 100 Fair Oaks Lane, Suite 102A, Frankfort, Kentucky 40601.

(4)(a) The public hearing will be held if:

1. It is requested, in writing, by at least 5 persons, or an administrative body, or an association having at least 5 members; and

2. A minimum of 5 persons, or the administrative body or association, agree, in writing, to be present at the public hearing.

(b) If a request for a public hearing, and agreement to attend the public hearing, are not received from the required number of people at least 10 calendar days prior to the hearing date, the public hearing will be canceled.

(5)(a) Persons wishing to request a public hearing should mail their written request to the following address: John J. Patterson, ENP, CMRS Administrator, 100 Fair Oaks Lane, Suite 102A, Frankfort, Kentucky 40601, Phone: (502) 564-2638, FAX: (502) 564-3204.

(b) On a request for a public hearing, a person shall state:

1. "I agree to attend the public hearing."; or

2. "I will not attend the public hearing."

(6)(a) KRS Chapter 13A provides that persons who desire to be informed of the intent of an administrative body to promulgate an administrative regulation governing a specific subject matter may file a request to be informed by the administrative body.

(b) Persons who wish to file the request may obtain a request form from the CMRS Administrator at the above address.

(7) Information relating to the proposed administrative regulation:

(a) The statutory authority for the promulgation of the above-cited administrative regulation is contained in KRS 65.7631(4)(a) and 65.7633(1).

(b) The proposed regulation will establish the process by which a PSAP shall establish and maintain eligibility for disbursement from the CMRS fund.

(c) The necessity and function of the proposed administrative regulation is as follows: KRS 65.7631(4)(a) states that no PSAP shall be eligible to request or receive a disbursement from the CMRS fund unless and until the PSAP is expressly certified as a PSAP by the CMRS Board, upon written application to the CMRS Board. KRS 65.7633 authorizes the CMRS Board to implement the provisions of KRS 65.7621 to 65.7643 through the promulgation of administrative regulations. This regulation establishes the process by which a PSAP shall establish and maintain eligibility for disbursement from the CMRS fund.

(d) The benefit expected from this proposed administrative regulation is as follows: By meeting the FCC's requirement that PSAPs be able to handle the data elements associated with an enhanced 9-1-1 call; requiring that PSAPs adhere to nationally accepted standards for enhanced 9-1-1 centers ensuring that the efficient interchange of data and voice traffic necessary between carriers, LECs, and PSAPs can be accomplished with the minimum delay and cost possible; and further ensuring the statewide deployment of wireless 9-1-1 be accomplished without unnecessary impediments from local PSAP operations

(e) This administrative regulation will be implemented by the CMRS Board by accepting applications for certification from PSAPs; by reviewing the submitted documentation; by working with PSAPs to implement the necessary upgrades to their operations where needed to meet minimum national standards accepted in the regulation; and by disbursing funds designated by statute to the PSAPs operating in the Commonwealth.

November 22, 1999

(1) 202 KAR 6:060. PSAP Pro Rata Fund disbursement.

(2) The Commercial Mobile Radio Service Emergency Telecommunications Board of Kentucky intends to promulgate the administrative regulation cited above.

(3) A public hearing to receive oral and written comments on the proposed administrative regulation has been scheduled for January 26, 2000, at 3 p.m. in the Telecommunications Conference Room, 100 Fair Oaks Lane, Suite 102A, Frankfort, Kentucky 40601.

(4)(a) The public hearing will be held if:

1. It is requested, in writing, by at least 5 persons, or an administrative body, or an association having at least 5 members; and

2. A minimum of 5 persons, or the administrative body or association, agree, in writing, to be present at the public hearing.

(b) If a request for a public hearing, and agreement to attend the public hearing, are not received from the required number of people at least 10 calendar days prior to the hearing date, the public hearing will be canceled.

(5)(a) Persons wishing to request a public hearing should mail their written request to the following address: John J. Patterson, ENP, CMRS Administrator, 100 Fair Oaks Lane, Suite 102A, Frankfort, Kentucky 40601, Phone: (502) 564-2638, FAX: (502) 564-3204.

(b) On a request for a public hearing, a person shall state:

1. "I agree to attend the public hearing."; or

2. "I will not attend the public hearing."

(6)(a) KRS Chapter 13A provides that persons who desire to be informed of the intent of an administrative body to promulgate an administrative regulation governing a specific subject matter may file a request to be informed by the administrative body.

(b) Persons who wish to file the request may obtain a request form from the CMRS Administrator at the above address.

(7) Information relating to the proposed administrative regulation:

(a) The statutory authority for the promulgation of the above-cited administrative regulation is contained in KRS 65.7633(2)(c) and KRS 65.7633.

(b) The proposed regulation will establish the process by which a CMRS Board will disburse the pro rata portion of the CMRS fund and the dates by which a PSAP shall be certified to qualify for funds.

(c) The necessity and function of the proposed administrative regulation is as follows: KRS 65.7629(7) states that the CMRS Board shall establish procedures and guidelines to be followed by the board in approving and disapproving disbursements from the CMRS fund. KRS 65.7633 authorizes the CMRS Board to implement the provisions of KRS 65.7621 to 65.7643 through the promulgation of administrative regulations. This regulation establishes the process by which the regular disbursement of funds to PSAPs shall be conducted.

(d) The benefit expected from this proposed administrative regulation is as follows: by delineating dates and temporarily freezing a portion of the funds, the CMRS Board will ensure that all PSAPs capable of certifying receive an equal distribution of the revenues collected as intended by the statute and it allows PSAPs to plan effectively for the certification process.