202 KAR 6:050. PSAP certification.
RELATES TO: KRS 65.7621-65.7643, 9 U.S.C.
Sections 1-16, 42 U.S.C. sec. 12101, 47 U.S.C. Sections 153(27), 332(d)
STATUTORY AUTHORITY: KRS 65.7631(4)(a),
NECESSITY, FUNCTION, AND CONFORMITY: 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 requires the CMRS Board to implement the provisions of KRS
65.7621 to 65.7643 through the promulgation of administrative regulations. This
administrative regulation establishes the process by which a PSAP shall
establish and maintain eligibility for disbursement from the CMRS fund.
Section 1. Phase I Certification. (1)
Certification of a PSAP by the board implies that the board has examined the
operation and infrastructure of the requesting PSAP and determined that it is
or will be capable of complying with the requirements for handling wireless
(2) The board shall certify as many PSAPs
as possible, recognizing the less stringent technological and operational
requirements of Phase I wireless E9-1-1 and the uneven nature of existing
E9-1-1 infrastructure in the Commonwealth.
(3) The board shall:
(a) Allow for as much diversity as
possible in facilities and operation of E9-1-1 systems across the Commonwealth;
(b) Provide for increasing integrity in
E9-1-1 systems statewide; and
(c) Coordinate and assist in the implementation
of new technology in the operation of emergency telecommunications in the
(4) A PSAP seeking certification shall
send to the board, by certified mail, return receipt requested, the following:
(a) A completed "CMRS PSAP
(b) A copy of:
1. Documentation which establishes the
PSAPs authority to establish 9-1-1 service in accordance with KRS 65.760;
2. Any existing or proposed agreement
between a CMRS carrier and the PSAP;
3. A list of the public safety agencies
served by the requesting PSAP and a copy of any agreement between the PSAP and
the designated agencies;
4. Any agreement between the requesting
PSAP and the contracted wireline E9-1-1 service provider; and
5. A map detailing the area served by the
(c) A description of:
1. The mapping and addressing
a. The location of each database;
b. How each database is maintained; and
c. Who maintains each database.
2. The network and its characteristics
currently or proposed to be in use by the PSAP;
3. The customer premises equipment
employed by the PSAP in receiving E9-1-1 calls; and
4. Call transfer functions in the PSAP.
(d) Documentation of:
1. Sworn statements that
telecommunicators and PSAP management have signed nondisclosure agreements
regarding confidential information accessible by them;
2. The disaster recovery application used
by the PSAP including:
a. Default routing and alternate routing
of call applications or other contingency applications for rerouting calls in
the event of system failure;
b. Type of backup power equipment
c. Evacuation and relocation
3. Seven (7) digit service for
administrative nonemergency service;
4. Telecommunications devices for the
deaf in the PSAP;
5. A certificate or sworn statement that
telecommunicators employed by the PSAP that handles wireless E9-1-1 calls meet
the training requirements as required by law; and
6. The PSAP's standard operating
procedures for the handling of wireless E9-1-1.
(e) A description of:
1. The PSAP's ability or anticipated
ability to handle the data elements associated with wireless E9-1-1 calls; and
2. The anticipated use of the CMRS funds,
in accordance with KRS 65.7631.
(5) Nothing in subsection (4)(b)1 of this
section shall prohibit the Kentucky State Police from establishing a public
safety answering point as otherwise permitted by law.
(6) After its initial review, the board
(a) Require submission of other necessary
(b) Schedule an on-site inspection by a
member or members of the board.
Section 2. Application for Certification.
(1) An application for certification shall be stamped "Confidential".
Proprietary information received by the board shall be filed and maintained so
as to maintain its confidentiality in accordance with KRS 65.7639 and 202 KAR
(2) The board shall review and act upon
an application for certification within ninety (90) days of receipt. Board
action on the application shall be determined by a simple majority vote.
(3) Within ten (10) business days of its
decision, written notice of the board’s approval or disapproval of an
application shall be sent to the PSAP, certified mail, return receipt
(4) If an application for PSAP
certification is disapproved:
(a) The board shall:
1. State in its written notice of
decision the specific reason for rejection; and
2. Schedule a meeting with the PSAP
applicant to resolve identified problems.
(b) The PSAP may:
1. Submit a revised application to the
board for its review and approval or disapproval, following the procedure set
out in Sections 1 and 2 of this administrative regulation; or
2. Appeal the board’s rejection in
accordance with KRS Chapter 13B.
Section 3. Revision of an Approved Application.
(1) After an application is approved, subsequent changes may be requested by
either the PSAP or the board.
(2) The board may review an existing
certification and request resubstantiation and reapproval of an application if
(a) To maintain the integrity of the
wireless E9-1-1 system;
(b) To implement Phase II as specified by
(c) In the event the board becomes aware
of changes or deficiencies that have occurred at a PSAP.
(3) New or revised requirements specified
by the board shall be applied to all PSAPs, upon written notice, within a
reasonable period, not to exceed ninety (90) days.
(4) A party requesting revision of an
application shall send written notice of the requested changes to the other
party by certified mail, return receipt requested.
(5) An existing and approved application
shall remain in effect until the board has notified the PSAP of its decision on
the proposed changes.
(6) The board shall review a request for
revision under the procedure designated in Sections 1 and 2 of this
(7) The board shall decertify a
previously approved application and shall discontinue payments to a PSAP, if
the PSAP fails, without good cause, to respond in writing to a board request
within the time period specified in the request.
Section 4. Phase II Certification. (1)
The board shall establish and publish a timetable within which it expects PSAPs
to migrate to Phase II in accordance with KRS 65.7625(3)(c).
(2) If the evolving technology necessary
to implement Phase II requires additional enhancements to a PSAP's operation,
the board shall:
(a) Seek additional documentation and
substantiation of a PSAP’s continuing ability to handle E9-1-1 calls; or
(b) Impose more stringent requirements to
receive or maintain certification.
Section 5. Decertification of a PSAP. The
board shall decertify a PSAP if the PSAP:
(1) Has used funds for purposes other
than as prescribed by KRS 65.7631 and administrative regulations promulgated
pursuant thereto; or
(2) Has not maintained or purchased the
necessary technology or infrastructure to comply with evolving requirements.
(3) A PSAP that has been decertified may
appeal the decertification in accordance with KRS Chapter 13B.
Section 6. Incorporation by Reference. (1)
"CMRS PSAP Certification Application" (12/02/1999) is incorporated by
(2) This material may be inspected, copied, or
obtained at the CMRS Board, 200 Mero Street, Frankfort, Kentucky 40601,
Monday through Friday, 8 a.m. to 4:30 p.m. (26 Ky.R. 2109; Am. 27 Ky.R. 70;
1772; eff. 12-7-2000; TAm eff. 8-31-2007.)