ARC 6832C

ARC 6832C

HOMELAND SECURITY AND EMERGENCY MANAGEMENT DEPARTMENT[605]

Adopted and Filed

Rule making related to 911 telephone systems

The Homeland Security and Emergency Management Department hereby amends Chapter 10, "911 Telephone Systems," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code section 34A.22.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code chapter 34A.

Purpose and Summary

Primarily, this rule making updates terminology and modernizes technical language as part of the Department's five-year rules review.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on September 21, 2022, as ARC 6528C.

A written comment was received in regard to the inclusion of a training and operational standard that is not under the purview of these administrative rules or Iowa Code section.

An additional written comment recommended additional updates to definitions. Based on this comment, two changes from the Notice have been made to update the definitions of "911 call" and "voice over internet protocol service" in rule 605—10.2(34A).

Adoption of Rule Making

This rule making was adopted by the Director on December 20, 2022.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

This rule making will become effective on March 1, 2023.

The following rule-making actions are adopted:

Item 1. Amend rule 605—10.2(34A) as follows:

605—10.2(34A) Definitions. As used in this chapter, unless context otherwise requires:

"Access line" means an exchange access line that has the ability to access dial tone and reach a public safety answering point.

"Automatic location identification (ALI)" or "ALI" means a system capability that enables an automatic display of information defining a geographical location of the telephone used to place the 911 call.

"Automatic number identification (ANI)" or "ANI" means a capability that enables the automatic display of the number of the telephone used to place the 911 call.

"Call attendant" means the person who initially answers a 911 call.

"Call detail recording" means a means of establishing chronological and operational accountability for each 911 call processed, consisting minimally of the caller's telephone number, the date and time the 911 telephone equipment established initial connection (trunk seizure), the time the call was answered, the time the call was transferred (if applicable), the time the call was disconnected, the trunk line used, and the identity of the call attendant's public safety telecommunicator's position, also known as an ANI printout.

"Call relay method" means the 911 call is answered at the PSAP, where the pertinent information is gathered, and the call attendant relays the caller's information to the appropriate public or private safety agency for further action.

"Call transfer method" means the call attendant determines the appropriate responding agency and transfers the 911 caller to that agency.

"Central office (CO)" or "CO" means a telephone company facility that houses the switching and trunking equipment serving telephones in a defined area.

"Coin-free access (CFA)" or "CFA" means coin-free dialing or no-coin dial tone which enables a caller to dial 911 or "0" for operator without depositing money or incurring a charge.

"Communications service" means a service capable of accessing, connecting with, or interfacing with a 911 system by dialing, initializing, or otherwise activating the system exclusively through the digits 911 by means of a local telephone device, wireless communications device or any other device capable of interfacing with the 911 system.

"Competitive local exchange service provider" means the same as defined in Iowa Code section 476.96 34A.2.

"Conference transfer" means the capability of transferring a 911 call to the action agency and allowing the call attendant to monitor or participate in the call after it has been transferred to the action agency.

"Direct dispatch method" means 911 call answering and radio-dispatching functions, for a particular agency, are both performed at the PSAP.

"Director," unless otherwise noted, means the director of the homeland security and emergency management department.

"Emergency call" means a telephone request or text message request for service which requires immediate action to prevent loss of life, reduce bodily injury, prevent or reduce loss of property and respond to other emergency situations determined by local policy.

"Emergency communications service surcharge" means a charge established by the program manager in accordance with Iowa Code section 34A.7A.

"Emergency services internet protocol network" or "ESInet" means a system using broadband packet-switched technology that is capable of supporting the transmission of varying types of data to be shared by all public and private safety agencies that are involved in an emergency.

"Enhanced 911 (E911)" or "E911" means the general term referring to emergency telephone systems with specific electronically controlled features, such as ALI, ANI, and selective routing.

"Enhanced 911 (E911) operating authority" means the public entity at the state or local level, which operates an E911 a 911 telephone system for the public benefit, within a defined enhanced 911 service area.

"Enhanced wireless 911 service, phase I" means an emergency wireless telephone system with specific electronically controlled features such as ANI, specific indication of wireless communications tower site location, selective routing by geographic location of the tower site.

"Enhanced wireless 911 service, phase II" means an emergency wireless telephone system with specific electronically controlled features such as ANI and ALI and selective routing by geographic location of the 911 caller.

"Entry point" means the demarcation point(s), as designated by the 911 program manager, where originating service providers must deliver their 911 traffic for ingress into the state's next generation 911 network.

"Exchange" means a defined geographic area served by one or more central offices in which the telephone company furnishes services.

"Geographic information system" or "GIS" means a system designed to capture, store, manipulate, analyze, manage, and present spatial or geographical data.

"Implementation" means the activity between formal approval of an E911 service plan and a given system design, and commencement of operations.

"Joint 911 service board" means those entities that are created under the provisions of Iowa Code section 34A.3, which include the legal entities created pursuant to Iowa Code chapter 28E referenced in Iowa Code subsection section 34A.3(3), and that operate a 911 telephone system for the public benefit within a defined 911 service area.

"Local exchange carrier" means the same as defined in Iowa Code section 476.96 34A.2.

"Multi-line telephone system" or "MLTS" means a system comprised of common control units, telephone sets, control hardware and software and adjunct systems, including network and premises-based systems, such as Centrex and VoIP, as well as PBX, hybrid, and key telephone systems, and includes systems owned or leased by governmental agencies and nonprofit entities, as well as for-profit businesses.

"Next generation 911 network" means an internet protocol-enabled system that enables the public to transmit digital information to public safety answering points and is responsible for the delivery of all 911 messages within the state. "Next generation 911 network" replaces enhanced 911 and includes but is not limited to 911 voice and nonvoice messages generated by originating service providers, ESInet, GIS, cybersecurity, and other system components.

"Next generation 911 network service provider" means a vendor or vendors selected by the department to provide next generation 911 network functionality.

"911 emergency call" or "911 call" means any telephone call that is made by dialing the digits 911 a communication initiated using the digits 911 and transported via the next generation 911 network, that includes voice, text, picture, multimedia, or any other type of data which is sent to a PSAP for the purpose of requesting emergency assistance.

"911 call processing equipment" means equipment owned by the department that functions in a host remote environment, provides 911 call processing functionality to public safety answering points, and utilizes the next generation 911 network. "911 call processing equipment" includes but is not limited to computer aided dispatch, voice logging recorders, mapping, and emergency medical dispatch.

"911 call processing equipment provider" means a vendor or vendors selected by the department to provide 911 call processing equipment.

"911 call transport provider" means a vendor or vendors selected by the department to deliver aggregated wireline 911 call traffic to the next generation 911 network and from the next generation 911 network to public safety answering points.

"911 communications council" means the council as established under the provisions of Iowa Code section 34A.15.

"911 program manager" means that person appointed by the director of the homeland security and emergency management department, and working with the 911 communications council, to perform the duties specifically set forth in Iowa Code chapter 34A and this chapter.

"911 service area" means the geographic area encompassing at least one entire county, and which may encompass a geographical area outside the one entire county not restricted to county boundaries, serviced or to be serviced under a 911 service plan.

"911 service plan" means a plan, produced by a joint 911 service board, which includes the information required by Iowa Code subsection section 34A.2(2) as amended by 2018 Iowa Acts, House File 2254, section 2.

"911 system" means a telephone system that automatically connects a caller, dialing the digits 911, to a PSAP.

"Nonrecurring costs" means one-time charges incurred by a joint E911 service board or operating 911 authority including, but not limited to, expenditures for E911 service plan preparation, capital outlay, communications equipment to receive and dispatch emergency calls, installation, and initial license to use subscriber names, addresses and telephone information.

"One-button transfer" means another term for a (fixed) transfer which allows the call attendant to transfer an incoming call by pressing a single button. For example, one button would transfer voice and data to a fire agency, and another button would be used for police, also known as "selective transfer."

"Originating service provider" means a communications provider that allows its users or subscribers to originate 911 voice or nonvoice messages from the public to public safety answering points, including but not limited to wireline, wireless, and voice over internet protocol services.

"Political subdivision" means a geographic or territorial division of the state that would have the following characteristics: defined geographic area, responsibilities for certain functions of local government, public elections and public officers, and taxing power. Excluded from this definition are departments and divisions of state government and agencies of the federal government.

"Prepaid wireless telecommunications service" means a wireless communications service that provides the right to utilize mobile wireless service as well as other nontelecommunications services, including the download of digital products delivered electronically, content and ancillary services, which must be paid for in advance, and that is sold in predetermined units or dollars of which the amount declines with use in a known amount.

"Provider" means a person, company or other business that provides, or offers to provide, 911 equipment, installation, maintenance, or access services.

"Public or private safety agency" means a unit of state or local government, a special purpose district, or a private firm, which provides or has the authority to provide firefighting, police, ambulance, emergency medical services or hazardous materials response.

"Public safety answering point (PSAP)" or "PSAP" means a 24-hour, state, local, or contracted communications facility, which has been designated by the local service board to receive 911 service calls and dispatch emergency response services in accordance with the E911 service plan.

"Public safety telecommunicator" or "telecommunicator" means the same as defined in Iowa Code section 80B.11C.

"Public switched telephone network" means a complex of diversified channels and equipment that automatically routes communications between the calling person and called person or data equipment.

"Recurring costs" means repetitive charges incurred by a joint E911 service board or operating 911 authority including, but not limited to, personnel time directly associated with database management and personnel time directly associated with addressing, lease of access lines, lease of equipment, network access fees, communications equipment to receive and dispatch emergency calls, and applicable maintenance costs.

"Selective routing (SR)" or "SR" means a 911 system feature that enables all 911 calls originating from within a defined geographical region to be answered at a predesignated PSAP.

"Subscriber" means any person, firm, association, corporation, agencies of federal, state and local government, or other legal entity responsible by law for payment for communication service from the telephone utility.

"Tariff" means a document filed by a telephone company with the state telephone utility regulatory commission which lists the communication services offered by the company and gives a schedule for rates and charges.

"Telecommunications device for the deaf (TDD)" or "TDD" means any type of instrument, such as a typewriter keyboard connected to the caller's telephone and involving special equipment at the PSAP which allows an emergency call to be made without speaking, also known as a TTY.

"Telematics" means a vehicle-based mobile data application which can automatically call for assistance if the vehicle is in an accident.

"Trunk" means a circuit used for connecting a subscriber to the public switched telephone network.

"Voice over internet protocol service" or "VoIP" means a service to which all of the following apply:

1.The service provides real-time, two-way voice communications transmitted using internet protocol or a successor protocol.

2.The service is offered to the public, or such classes of users as to be effectively available to the public.

3.The service has the capability to originate traffic to, and terminate traffic from, the public switched telephone network or a successor network.

"Wireless communications service" means commercial mobile radio service. "Wireless communications service" includes any wireless two-way communications used in cellular telephone service, personal communications service, or the functional or competitive equivalent of a radio-telephone communications line used in cellular telephone service, a personal communications service, or a network access line. "Wireless communications service" does not include a service whose customers do not have access to 911 or 911-like service, a communications channel utilized only for data transmission, or a private telecommunications system.

"Wireless communications service provider" means a company that offers wireless communications service to users of wireless devices including but not limited to cellular, personal communications services, mobile satellite services, and enhanced specialized mobile radio.

"Wireless E911 phase 1" means a 911 call made from a wireless device in which the wireless communications service provider delivers the call-back number and the address of the tower that received the call to the appropriate public safety answering point.

"Wireless E911 phase 2" means a 911 call made from a wireless device in which the wireless communications service provider delivers the call-back number and the latitude and longitude coordinates of the wireless device to the appropriate public safety answering point.

"Wireless NG911 service area" means the geographic area to be served, or currently served, by a PSAP under a wireless NG911 service plan.

"Wireline 911 service surcharge" means a charge assessed on each wireline access line which physically terminates within the 911 service area in accordance with Iowa Code section 34A.7.

Item 2. Amend subrule 10.4(2) as follows:

10.4(2) The 911 service plan shall, at a minimum, encompass the entire county, unless a waiver is granted by the director. Each plan shall include:

a. to k. No change.

l. Maps of the 911 service area showing : boundaries for all of the law enforcement agencies, firefighting districts, and ambulance and emergency medical service areas, and the location of each PSAP within the service area shall be uploaded and maintained within the program's online NG911 GIS database.

(1)The jurisdictional boundaries of all law enforcement agencies serving the area.

(2)The jurisdictional boundaries of all firefighting districts and companies serving the area.

(3)The jurisdictional boundaries of all ambulance and emergency medical service providers operating in the area.

(4)The location of PSAP(s) within the service area.

m. A block drawing for each telephone central office within the service area showing the method by which the 911 call will be delivered to the PSAP(s).

n. m.A plan to migrate to an internet protocol-enabled next generation network.

Item 3. Rescind subparagraph 10.9(3)"f"(1).

Item 4. Renumber subparagraphs 10.9(3)"f"(2) to (4) as 10.9(3)"f"(1) to (3).

Item 5. Amend paragraph 10.11(1)"c" as follows:

c. For joint 911 service boards, withdrawal of moneys from the 911 service fund shall be made on warrants drawn by the county auditor, per Iowa Code section 331.506, supported by claims and vouchers approved by the chairperson or vice chairperson of the joint 911 service board or the appropriate operating authority delegated authority so designated in writing.

Item 6. Amend paragraph 10.14(1)"c" as follows:

c. Ability to selectively route Policy routing function.

Item 7. Amend subrule 10.14(2) as follows:

10.14(2) 911 public safety answering points shall adhere to the following minimum standards:

a. to e. No change.

f. If a call transfer method of handling 911 calls is employed, a 99 percent degree of reliability of transferred calls from a PSAP to responding agencies shall be maintained. All transferred calls shall employ, to the closest extent possible, conference transfer capabilities which provide that the call be announced and monitored by the PSAP operator to ensure that the call has been properly transferred.

g. PSAPs not employing the transfer method of handling 911 emergency calls shall use the call relay method. Information shall be exchanged between the PSAP receiving the call and an appropriate emergency response agency or dispatch center having jurisdiction in the area of the emergency. In no case during an emergency 911 call shall the caller be referred to another telephone number and required to hang up and redial. The call relay method shall also prevail in circumstances where emergency calls enter the 911 system (whether by design or by happenstance) from outside the E911 service area.

h. f.Access control and security of PSAPs and associated dispatch centers shall be designed to prevent disruption of operations and provide a safe and secure environment of communication operations.

i. g.PSAP supervision shall ensure that all telephone company employees, vendors whose normal activities may involve contact with facilities associated with the 911 service, are familiar with safeguarding of facilities' procedures.

j. h.Emergency electrical power shall be provided for the PSAP environment that will ensure continuous operations and communications during a power outage. Such power should start automatically in the event of power failure and shall have the ability to be sustained for a minimum of 48 hours.

k. i.The PSAP shall make every attempt to disallow the intrusion by automatic dialers, alarm systems, or automatic dialing and announcing devices on a 911 trunk. If intrusion by one of these devices should occur, those responsible for PSAP operations shall make every attempt to contact the responsible party to ensure there is no such further occurrence by notifying the party that knowing and intentional interference with emergency telephone calls constitutes a crime under Iowa Code section 727.5. Those responsible for PSAP operations shall report persons who repeatedly use automatic dialers, alarm systems, or automatic announcing devices on 911 trunk lines to the county attorney for investigation of possible violations of Iowa Code section 727.5.

l. j.Each PSAP shall be equipped with an appropriate telecommunications device for the deaf (TDD) in accordance with 28 CFR Part§35.162, July 26, 1991.

k. PSAPs will have the capability to access translation services to help process 911 calls from non-English speakers.

l. Each PSAP shall adhere to NENA STA-020.1-2020 or its subsequently updated equivalent.

Item 8. Amend subrule 10.14(3) as follows:

10.14(3) Originating service providers shall adhere to the following minimum requirements:

a. and b. No change.

c. Access to the wireless 911 selective router and next generation 911 network shall be approved by the 911 program manager. Originating service providers must provide the company name, address and point of contact with their request. If the originating service provider utilizes a third-party vendor, the vendor must provide this information listing the vendor's customer's requested information. Originating service providers and MLTSs must update and maintain the state ALI database with accurate information. When delivering 911 calls, caller location must be provided in compliance with 47 CFR §9.8, 47 CFR §9.10, and 47 CFR §9.15.

d. Access to the 911 entry point and next generation 911 network shall be approved by the 911 program manager. Originating service providers must provide the company name, address and point of contact with their request. If the originating service provider utilizes a third-party vendor, the vendor must provide this information listing the vendor's customer's requested information.

Item 9. Rescind subrule 10.14(4).

[Filed 1/3/23, effective 3/1/23]

[Published 1/25/23]

Editor's Note: For replacement pages for IAC, see IAC Supplement 1/25/23.