Statewide Emergency Telephone System

TELECOMMUNICATIONS
Sub-Chapter 2
Statewide Emergency Telephone System

2.13.201 PURPOSE

(1) It is the policy and intent of the state of Montana to establish a statewide emergency telephone system which will provide access to all emergency public and private safety services from all telephones in the state through the use of the nationally recognized emergency telephone number 9-1-1. It is the purpose of these rules to provide an administrative framework for the accomplishment of this policy.

(2) These rules have been prepared by the department of administration with the concurrence of the department of administration's advisory council on 9-1-1.

(3) It is the intent of these rules to provide the greatest degree of flexibility for local jurisdictions, public safety agencies, and private safety agencies and citizens to plan, design, install, operate and maintain and improve local emergency telephone systems based upon the individual needs and requirements at the local level.

(4) It is the intent of these rules that all local emergency telephone systems provide at least basic 9-1-1 service, and enhanced 9-1-1 features, such as selective routing, automatic number identification (ANI), and automatic location identification (ALI), as funding allows.(History: Sec. 10-4-102, MCA; IMP, 10-4-101 through 10-4-303, MCA; NEW, 1986 MAR p. 1889, Eff. 11/15/86; AMD, 1997 MAR p. 2178, Eff. 12/2/97.)

2.13.202 DEFINITIONS

As used in this chapter, the following definitions apply:

(1) "Automatic location identification (ALI)" means the automatic display at a public safety answering point of the subscriber telephone number, the service address for the telephone and supplementary information.

(2) "Automatic number identification (ANI)" means the automatic display at a public safety answering point of the subscriber telephone number.

(3) "Central office boundary" is the smallest subdivision in a telephone system which is defined by the extent of central office physical telephone service coverage and/or electronic software defined coverage.

(4) "Selective routing" is a standard service which allows an enhanced 9-1-1 call to be routed to the appropriate public safety answering point based on the calling party's telephone number. (History: Sec 10-4-102, MCA; IMP, 10-4-101, MCA; NEW, 1986 MAR p. 1889, Eff. 11/15/86; AMD, 1997 MAR p. 2178, Eff. 12/2/97.)

2.13.203 DEPARTMENT OF ADMINISTRATION DUTIES AND POWERS

(1) The department shall assist in the development of basic 9-1-1 and enhanced 9-1-1 systems in the state. The department shall:

(a) prescribe and publish preliminary and final planning forms with instructions to be filed by 9-1-1 jurisdictions with the department which will describe proposed basic or enhanced 9-1-1 systems, and plans for 9-1-1 dispatcher training, in a level of detail which will identify compliance with and variations from basic or enhanced 9-1-1 service. The department will amend the planning forms at its discretion in order to ensure the filing by 9-1-1 jurisdictions of all needed information;

(b) upon request of the 9-1-1 jurisdiction, assist in planning a basic or enhanced emergency 9-1-1 telephone system. The level and amount of assistance provided shall be based upon the department's staffing and scheduling availability, based upon the department's determination;

(c) establish criteria and procedures for evaluating plans to ensure 9-1-1 telephone systems will provide basic 9-1-1 service at a minimum, and enhanced 9-1-1 service according to an approved schedule;

(d) monitor the implementation of approved plans for compliance with the plan and the use of funding. The department may schedule on-site visits of planned or implemented 9-1-1 telephone systems for the purpose of determining compliance of approved plans and the use of funding, and may prescribe information to be filed by 9-1-1 jurisdictions with the department to verify compliance with approved plans and the use of funding;

(e) report biennially to the legislature the progress made in implementing a statewide emergency telephone system in a form prescribed by the department or requested by the legislature.

(2) The department shall establish an advisory council to participate in the development and implementation of the 9-1-1 program in the state. The council shall be established pursuant to 2-15-122, MCA. The council shall be appointed for a one year term and, at the end of one year, may be reappointed in full, replaced in full or in part or terminated at the discretion of the director of the department. (History: Sec. 10-4-102, MCA; IMP, 10-4-103, 10-4-104, MCA; NEW, 1986 MAR p. 1889, Eff. 11/15/86; AMD, 1997 MAR p. 2178, Eff. 12/2/97.)

TELECOMMUNICATIONS 2.13.205

2.13.204 PARTICIPATION BY PUBLIC AND PRIVATE SAFETY AGENCIES

(1) 9-1-1 jurisdictions must include all legally constituted public and private safety agencies which operate within or are affected by one or more common central office boundaries.

(2) Public and private safety agencies wishing to jointly plan a 9-1-1 emergency telephone system must agree in writing in order to become a 9-1-1 jurisdiction. Such written agreement must be filed by the proposed 9-1-1 jurisdiction at the time of filing preliminary plans and final plans in a form prescribed by the department. (History: Sec. 10-4-102, MCA; IMP, 10-4-104, 10-4-113, MCA; NEW, 1986 MAR p. 1889, Eff. 11/15/86.)

2.13.205 DISTRIBUTION OF EMERGENCY TELECOMMUNICATIONS ACCOUNTS

(1) An amount equal to 7.48% of the money received pursuant to 10-4-201, MCA, shall be transferred into the state general fund to cover administrative costs incurred by the department of revenue and the department of administration.

(2) Applications for payments for costs incurred by providers of telephone services must be received by the department within 30 days following the end of each calendar quarter.

(a) If an application by a provider is not received by the department within 30 days following the end of the calendar quarter the department shall not distribute any of the account to that provider for that calendar quarter.

(b) All applications received by the department shall be reviewed in detail by the department for appropriateness of costs claimed by providers. Such detailed review may include, but is not limited to, review of an application by one provider in comparison to other similar applications by other providers, review of associated paid invoices, time records and contracts and on site reviews by the department and its employees and consultants of completed work supported in an application.

(3) All amounts verified shall be paid within 60 days following the end of each calendar quarter. Payments which are still under review at the expiration of the 60 days may be distributed from the next calendar quarterly receipts of the account if, within 60 days following the end of the next calendar quarter, the amount owed to the provider is made certain.

2.13.205 ADMINISTRATION

(4) The department shall, within 10 days, distribute the balance of the basic 9-1-1 account and enhanced 9-1-1 account into a special revenue account for each 9-1-1 jurisdiction utilizing the following information and in the following manner:

(a) the department shall obtain the most recent per capita census data for incorporated cities and counties in the state from the department of commerce, census and economic information center;

(b) the department shall compute the per capita percentage each county represents to the entire state population based upon the census data. Any county whose per capita percentage is less than 1% of the entire state population shall automatically have its percentage increased to equal 1%. Each county's percentage shall then be recomputed to adjust for the counties whose per capita percentage was originally less than 1%. The county per capita percentages shall total 100%;

(c) for the basic 9-1-1 fund distribution, the department shall compute the quarterly allocation amount for each county based upon the percentages computed in (4)(b) applied against the balance of the basic 9-1-1 fund account;

(d) for the enhanced 9-1-1 fund distribution, the department shall compute the quarterly allocation amount for each county based upon the percentages computed in (4)(b) applied against 84% of the enhanced 9-1-1 fund account;

(e) the balance (16%) of the enhanced 9-1-1 fund account shall be distributed evenly to the counties with 1% or less than 1% of the total population of the state;

(f) the department shall compute the per capita percentage each incorporated city represents to its county population based upon the census data obtained in (4)(a). The balance of each county's population shall be computed to be each county's per capita percentage for its remaining population. The total of each county's incorporated city per capita percentage(s) and its remaining per capita percentage shall equal 100%;

(g) the department shall compute the quarterly distribution amount for each 9-1-1 jurisdiction based upon the percentages computed in (4)(d) applied against each county's quarterly allocation amount computed in (4)(c), (4)(d), and (4)(e);

TELECOMMUNICATIONS 2.13.205

(h) the department shall compute the quarterly distribution amount for each 9-1-1 jurisdiction. This shall be based on the per capita percentage that each 9-1-1 jurisdiction's service area is in relation to the incorporated city(s) and the remaining county(s) area served by each 9-1-1 jurisdiction;

(i) each 9-1-1 jurisdiction with an approved final basic or enhanced 9-1-1 plan shall receive funds from the allocation for each city or county included in its approved final plan. The department shall distribute to the accounting entity designated by a 9-1-1 jurisdiction with an approved final plan the proportional amount for each city or county served by the 9-1-1 jurisdiction;

(j) quarterly distributions from the basic 9-1-1 fund account for each city and county without approved final plans shall be distributed into separate accounts within the state treasury for each city and county. Such amounts shall be retained in the separate accounts within the state treasury until a final basic or enhanced 9-1-1 plan is approved, at which time the accrued balance for a 9-1-1 jurisdiction, with interest, shall be distributed to the 9-1-1 jurisdiction with the next quarterly distribution;

(k) beginning with the first quarterly distribution after July 1, 1998, all funds from the basic 9-1-1 account being held in separate accounts for cities and counties without approved final plans shall be removed from those accounts and shall be distributed with the balance of the quarterly basic 9-1-1 account distributions for all 9-1-1 jurisdictions with approved final plans;

(l) funds from the enhanced 9-1-1 account shall be retained in the separate accounts within the state treasury for those cities and counties until a final enhanced 9-1-1 plan is approved, at which time the accrued balance for a 9-1-1 jurisdiction, with interest, shall be distributed to the 9-1-1 jurisdiction with the next quarterly distribution;

(m) the department shall provide a report with each 9-1-1 jurisdiction distribution indicating the proportional share derived from the individual city's or county's allocation. (History: Sec. 10-4-102, MCA; IMP , 10-4-121, 10-4-301, 10-4-302, MCA; NEW, 1986 MAR p. 1889, Eff. 11/15/86; AMD, 1997 MAR p. 2178, Eff. 12/2/97.)

2.13.206 9-1-1 PROGRAM FUNDS HELD IN RESERVE BY 9-1-1 JURISDICTIONS

(1) A 9-1-1 jurisdiction may maintain a balance in the basic 9-1-1 fund account and/or the enhanced 9-1-1 fund account if not needed for immediate use for installing, operating or improving a 9-1-1 emergency telephone system. The total amount held in these accounts may not exceed the following percentage of the jurisdiction's total operating budget unless an exception is granted by the department.

(a) If a jurisdiction's total operating budget is less than $150,000 per year, the 9-1-1 fund account balance may not exceed 30% of the total operating budget.

(b) If a jurisdiction's total operating budget is between $150,000 and $300,000 per year, the 9-1-1 fund account balance may not exceed 25% of the total operating budget.

(c) If a jurisdiction's total operating budget is between $300,000 and $400,000 per year, the 9-1-1 fund account balance may not exceed 20% of the total operating budget.

(d) If a jurisdiction's total operating budget is more than $400,000 per year, the 9-1-1 fund account balance may not exceed 15% of the total operating budget.

(e) The department may grant an exception to allow a jurisdiction to accumulate a larger fund balance if the jurisdiction can demonstrate a need to upgrade or improve the 9-1-1 system and the cost will exceed the allowable fund balance. (History: Sec. 10-4-102, MCA; IMP, 10-4-301, 10-4-302, 10-4-303, MCA; NEW, 1997 MAR p. 2178, Eff. 12/2/97.)

INFORMATION TECHNOLOGY SERVICES DIVISION