CHAPTER Saf-C
7000 EMERGENCY
COMMUNICATIONS RULES
REVISION NOTE:
Pursuant to 2003, 319:98,
effective 9-4-03, rules in Chapters Emer 100 through 400 of the Bureau of
Emergency Communications were transferred to the Department of Safety, which
subsequently filed Document #9091, effective 2-21-08, which replaced rules in
Chapters Emer 100 through 400 with Chapter Saf-C 7000.
Document #9091 adopted Part
Saf-C 7001; readopted with amendments and renumbered Chapter Emer 100 as Part Saf-C 7002, Chapter Emer 300 as Parts Saf-C 7003 through
7004, and Chapter Emer 400 as Parts Saf-C 7005 through 7006; adopted Parts
Saf-C 7007 though 7011; and repealed the former Chapter Emer 200.
The rules in Document #9091
therefore replace all prior filings for rules of the former Bureau of Emergency
Communications in Chapters Emer 100 through Emer 400. The filings include the following documents:
#7397, effective 11-2-00
#7398, effective 11-2-00
#7426, effective 1-17-01
#7606-A, effective 12-4-01
#7606-B, effective 12-4-01
PART Saf-C 7001 PURPOSES
Saf-C 7001.01 Purpose. The purpose of this chapter is to set forth
the following:
(a) The conduct of the enhanced 911 commission
meetings;
(b) The development of minimum selection,
educational, and training standards for emergency public safety answering point
personnel;
(c) Procedures for the conduct of investigations
authorized under RSA 106-H;
(d) Procedures for the collection, maintenance
and update of the necessary database;
(e) Procedures for the necessary cooperation and
coordination with telephone utilities, any service capable of communicating a
request for assistance to E911, municipalities, and the public for the
effective implementation of the enhanced 911 system;
(f) Procedures necessary for adequate funding of
the enhanced 911 system;
(g) Procedures for reimbursement to any provider
of commercial mobile radio service of reasonable expenses incurred to
accomplish the enhanced 911 service, pursuant to RSA 106-H:8; and
(h) Procedures for the provision of Emergency
Notification System (ENS) services.
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); ss by #11128, eff
6-29-16
PART Saf-C
7002 DEFINITIONS
Saf-C 7002.01 “Automatic location identification
(ALI)” means “automatic location identification” as defined in RSA 106-H:2, I.
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); ss by #11128, eff 6-29-16
Saf-C 7002.02 “Automatic number identification
(ANI)” means “automatic number identification” as defined in RSA 106-H:2, II.
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); ss by #11128, eff 6-29-16
Saf-C 7002.03 “Bureau” means “bureau” as defined in
RSA 106-H:2, III, includes the public safety answering points and the
telecommunicators and necessary supervisory personnel to operate them.
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); ss by #11128, eff 6-29-16
Saf-C 7002.04 “Commercial mobile radio service” means
“commercial mobile radio service,” as defined in RSA 106-H:2, III-a.
Source. #11010, INTERIM, eff 1-1-16, EXPIRES:
6-29-16; ss by #11128, eff 6-29-16
Saf-C 7002.05 “Commercial mobile radio service
provider” means a person or other legal entity providing wireless, two-way
communication services such as cellular telephones and radio access lines.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); renumbered by #11010, (from Saf-C 7002.04; ss
by #11128, eff 6-29-16
Saf-C 7002.06 “Commission” means “commission” as
defined in RSA 106-H:2, IV.
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); renumbered by
#11010, (from Saf-C 7002.05); ss by #11128, eff 6-29-16
Saf-C 7002.07 “Commissioner” means the commissioner
of the department of safety or his designee.
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); renumbered by
#11010, (from Saf-C 7002.06); ss by #11128, eff 6-29-16
Saf-C 7002.08 “Consumer” means “consumer” as defined
in RSA 106-H:9, I-a(a)(1).
Source. #11010, INTERIM, eff 1-1-16, EXPIRES:
6-29-16; ss by #11128, eff 6-29-16
Saf-C 7002.09 “Database” means a computerized record
correlating:
(a) Each street
address shown on each street address guide within the state with the telephone
number or numbers of the wired telephone(s) located at such address;
(b) Each wired
telephone number with the name of the individual liable for payment of the
account associated with such number;
(c) Each street
address shown on each street address guide within the state with the emergency
service number for such address; and
(d) Each street
address including address suffix and subaddress
stored as a GIS point located at the access location for that structure or unit
for the purposes of address validation and proper routing of E911 calls.
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); renumbered by
#11010, (from Saf-C 7002.07); ss by #11128, eff 6-29-16
Saf-C 7002.10 “Director” means
the director of the division of emergency services and communications,
appointed pursuant to RSA 21-P:36, or his designee.
Source. #11010, INTERIM, eff
1-1-16, EXPIRES: 6-29-16; ss by #11128, eff 6-29-16 (from Saf-C
7002.11)
Saf-C 7002.11 “Division” means the division of emergency
services and communications (DESC) as set forth in RSA 21-P:48-a.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); renumbered by #11010, (from Saf-C 7002.08); ss
by #11128, eff 6-29-16 (from Saf-C 7002.10)
Saf-C 7002.12 “Emergency
notification system” means the collection of hardware, software,
telecommunication services and data services required to send out
geographically targeted emergency alerts to the public.
Source. #11128, eff 6-29-16
Saf-C 7002.13
“Emergency services” means any fire, police, ambulance or rescue
services and any ancillary services required for the effective delivery of such
firefighting, police, ambulance and rescue services, including but not limited
to:
(a) Access to interpretation services for members
of the public who require police, firefighting, rescue or ambulance services in
an emergency and who are deaf, hard of hearing or have speech impairments; and
(b) Access to foreign language interpretation
services for public and private safety agencies delivering firefighting,
police, ambulance or rescue services in an emergency.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); renumbered by #11010, (from Saf-C 7002.09); ss
by #11128, eff 6-29-16 (Saf-C 7002.12)
Saf-C 7002.14 “Emergency service number” means a 3
digit code which identifies the public or private safety agencies designated by
each municipality to provide first and backup responses to emergencies reported
to the enhanced 911 system.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); renumbered by #11010, (from Saf-C 7002.10); ss
by #11128, eff 6-29-16 (Saf-C 7002.13)
Saf-C 7002.15 “Enhanced 911 system” means “enhanced 911
system” as defined in RSA 106-H:2, VII.
The term includes E911.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); renumbered by #11010, (from Saf-C 7002.11); ss
by #11128, eff 6-29-16 (from Saf-C 7002.14)
Saf-C 7002.16 “Enhanced ANI/ALI” means “enhanced
ANI/ALI” as defined in RSA 106-H:2, VIII.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C 7000);
renumbered by #11010, (from Saf-C 7002.12); ss by
#11128, eff 6-29-16 (from Saf-C 7002.15)
Saf-C 7002.17 “Governing body” means the board of selectmen
of a town, the board of aldermen or the council of a city or town with such a
board or council, and, when used with reference to an unincorporated town or an
unorganized place, the county commissioners.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); renumbered by #11010, (from Saf-C 7002.13); ss
by #11128, eff 6-29-16 (from Saf-C 7002.16)
Saf-C 7002.18 “Local exchange telecommunication
carrier” means any telephone utility authorized to do business in the state
pursuant to RSA 374:22, I.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); renumbered by #11010, (from Saf-C 7002.14); ss
by #11128, eff 6-29-16 (from Saf-C 7002.17)
Saf-C 7002.19 “
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); renumbered by #11010, (from Saf-C 7002.15); ss
by #11128, eff 6-29-16 (from Saf-C 7002.18)
Saf-C 7002.20 “Municipality” means a town, city or
unorganized place.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); renumbered by #11010, (from Saf-C 7002.16); ss
by #11128, eff 6-29-16 (from Saf-C 7002.19)
Saf-C 7002.21 “Prepaid commercial
mobile radio service” means “prepaid commercial mobile radio service” as
defined in RSA 106-H:2, VIII-b.
Source. #11010, INTERIM, eff
1-1-16, EXPIRES: 6-29-16; ss by #11128, eff 6-29-16 (from Saf-C
7002.20)
Saf-C 7002.22 “Prepaid commercial mobile radio service
provider” means a natural person or any other person, including any firm,
corporation, partnership, or business organization, that provides prepaid
commercial mobile radio service pursuant to a license issued by the federal
communications commission.
Source. #11010, INTERIM, eff
1-1-16, EXPIRES: 6-29-16; ss by #11128, eff 6-29-16 (from Saf-C
7002.21)
Saf-C 7002.23 “Private safety agency” means
"private safety agency" as defined in RSA 106-H:2, IX.
Source. #9091, eff 2-21-08 (See Revision Note at Chapter Heading for Saf-C 7000); renumbered by #11010, (from Saf-C 7002.17);
ss by #11128, eff 6-29-16 (from Saf-C 7002.22)
Saf-C 7002.24 “Public agency” means “public agency”
as defined in RSA 106-H:2, X.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); renumbered by #11010, (from Saf-C 7002.18); ss
by #11128, eff 6-29-16 (from Saf-C 7002.23)
Saf-C 7002.25 “Public safety agency” means “public
safety agency” as defined in RSA 106-H:2, XI.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); renumbered by #11010, (from Saf-C 7002.19); ss
by #11128, eff 6-29-16 (from Saf-C 7002.24)
Saf-C 7002.26 "Public safety answering point”
means “public safety answering point” as defined in RSA 106-H:2, XII.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); renumbered by #11010, (from Saf-C 7002.20); ss
by #11128, eff 6-29-16 (from Saf-C 7002.25)
Saf-C 7002.27 “Retail transaction” means “retail
transaction” as defined in RSA 106-H:9, I-a(a)(6).
Source. #11010, INTERIM, eff
1-1-16, EXPIRES: 6-29-16; ss by #11128, eff 6-29-16 (from Saf-C
7002.26)
Saf-C 7002.28 “Seller” means “seller” as defined in
RSA 106-H:9, I-a(a)(7).
Source. #11010, INTERIM, eff
1-1-16, EXPIRES: 6-29-16; ss by #11128, eff 6-29-16 (Saf-C
7002.27)
Saf-C 7002.29 “Street address guide (SAG)” means
“street address guide” as defined in RSA 106-H:2, XIII-a.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); renumbered by #11010, (from Saf-C 7002.21); ss
by #11128, eff 6-29-16 (Saf-C 7002.28)
Saf-C 7002.30 “Subaddress”
means the part of a physical address such as apartment, unit or building
designation that uniquely identifies a structure when multiple structures are
sharing one address number or each unit inside the structure.
Source. #11128, eff 6-29-16
Saf-C 7002.31 “Supplemental ALI information” means
information about the location correlated with a particular telephone number
which is additional to the information routinely included in the database.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); renumbered by #11010, (from Saf-C 7002.22); ss
by #11128, eff 6-29-16 (from Saf-C 7002.29)
Saf-C 7002.32 “Telecommunication services provider” means
every person, party, or entity which provides communications services,
including, but not limited to audio communication, print communication, or
visual communication or any combination thereof, for profit on a subscription
or pay-for-services basis by means of landline local telephone exchange devices,
cellular telephone devices, wireless communication devices, radio, or any other
communication devices or means which have access to, connect with, or interface
with the E911 enhanced service.
Source. #9091, eff 2-21-08 (See Revision Note at Chapter Heading for Saf-C 7000); renumbered by #11010, (from Saf-C 7002.23); ss by #11128, eff 6-29-16 (from Saf-C 7002.30)
Saf-C 7002.33 “Telecommunicator” means a bureau
employee who is responsible for receiving at the public safety answering point
telephone calls made to E911 and transferring or relaying such calls to public
or private safety agencies.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); renumbered by #11010, (from Saf-C 7002.24); ss
by #11128, eff 6-29-16 (from Saf-C 7002.31)
Saf-C 7002.34 “Telephone common carrier” means any
person, party or entity, which provides communications, services between a
point of origin and a point or reception by way of landline wire connection
between 2 points. It includes resellers of such services.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); renumbered by #11010, (from Saf-C 7002.25); ss
by #11128, eff 6-29-16 (from Saf-C 7002.32)
Saf-C 7002.35
“Telephone company” means any local telephone service provider and any
entity providing within the state commercial mobile radio service as such
service is defined in 47 C.F.R. 20.3.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); amd by #11010, INTERIM, eff 1-1-16, EXPIRES:
6-29-16 (from Saf-C 7002.26); ss by #11128, eff
6-29-16 (from Saf-C 7002.33)
Saf-C 7002.36 “Verified master street address guide”
means a master street address guide the accuracy of which has been confirmed by
direct recorded observation of the streets listed on the guide.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); renumbered by #11010, (from Saf-C 7002.27); ss
by #11128, eff 6-29-16 (from Saf-C 7002.34)
Saf-C 7002.37 “
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); renumbered by #11010, (from Saf-C 7002.28); ss
by #11128, eff 6-29-16 (from Saf-C 7002.35)
PART Saf-C 7003 MINIMUM
SELECTION STANDARDS FOR TELECOMMUNICATORS
Saf-C 7003.01 Minimum Qualifications for
Selection as a Telecommunicator.
(a) To qualify for selection as a
telecommunicator, applicants shall:
(1) Be certified
by the department of administrative services, division of personnel as meeting
the minimum educational, experience, and examination requirements and/or
supplemental job description for the position;
(2) Pass a test
screening for controlled substances;
(3) Demonstrate
normal hearing by passing a hearing test;
(4) Pass
written examinations administered by the bureau which test:
a. Through the
use of general knowledge questions, the ability to reason when increasingly
pressed for time;
b. Multitasking
ability; and
c. Psychological compatibility with the demands
of the tasks required of telecommunicators; and
(5) Participate
in an interview designed to evaluate the applicant's potential to carry out
successfully the duties of the position.
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); ss by #11128, eff 6-29-16
PART Saf-C
7004 TRAINING AND CONTINUING EDUCATION AND CERTIFICATION REQUIREMENTS
Saf-C 7004.01 Training Requirements for
Telecommunicators.
(a) Persons newly hired as telecommunicators
shall, as a condition of continuing employment, successfully complete the following
training provided by the bureau:
(1) A course in
basic telecommunications leading to a certification in basic
telecommunications;
(2) A course
preparing persons to give pre-hospitalization care at the scene of a sudden
illness or injury;
(3) A basic
course in cardio-pulmonary resuscitation leading to a certification in
cardio-pulmonary resuscitation;
(4) A basic
course in emergency medical dispatch leading to a certification in emergency
medical dispatch; and
(5) Any other training
for all telecommunicators determined by the director to be necessary for
adequate performance as a telecommunicator.
(b) No person newly hired as a telecommunicator
shall be exempt from the requirements of Saf-C
7004.01(a).
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); ss by #1128, eff 6-29-16
Saf-C 7004.02 Continuing Education and
Certification Requirements.
(a)
Telecommunicators shall:
(1) After meeting the requirements of Saf-C 7004.01(a)(3) and achieving certification in
cardio-pulmonary resuscitation, maintain current such certification through
training provided by the bureau;
(2) After meeting the
requirements of Saf-C 7004.01(a)(4) and achieving
certification in emergency medical dispatch, complete annually a minimum of 12
hours of emergency medical dispatch training provided by the bureau; and
(3) Complete any additional training for all
telecommunicators determined by the director to constitute continuing education
necessary for adequate performance as a telecommunicator.
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); ss by #11128, eff 6-29-16
PART Saf-C 7005 PROCEDURES FOR
COLLECTING AND UPDATING THE DATABASE
Saf-C 7005.01 Collecting and Updating the
Database.
(a) The bureau shall provide each local telephone
service provider with a copy of the most recently updated master street address
guide and the most recently updated street address guide for every municipality
in the local exchange service provider’s local telephone exchange.
(b) Using the guides described in (a), each local
telephone service provider shall:
(1) Correlate
each subscriber in its service territory by telephone number with an address on
a street address guide; and
(2) Assure that
changes in, additions to, and deletions from the correlations described in
(b)(1) shall, within 3 days, be provided to the bureau or the bureau’s designee
for updating the database.
(c) If the bureau should choose not to update the
state owned or operated database itself, but instead to contract for database
updating services, the bureau shall report in writing to the entity obligated
to provide such services all information received by the bureau which
constitutes a change in the database.
(d) An entity contracting to provide services to
update the database shall, upon receipt of the information described in (c):
(1) Change the
database in accordance with the information received; and
(2) Confirm in
writing that it has done so, including in the confirmation:
a. The date of
the database change;
b. The name of
the person making the database change;
c. Any
additional remarks required to inform the bureau fully about the database change;
d. The original
signature of the person making the database change; and
e. The date of
signing of the confirmation.
(e) The DESC shall collect and maintain GIS
address point data for each structure and unit in
(f) Each data point shall include the physical
address and subaddress of the structure or unit as
well as an accurate latitude/longitude of the structure or the entrance to the
structure for that unit.
(g) The
DESC shall collect and maintain GIS point data for any landmark in New
Hampshire that might be vital to providing emergency services or be of
assistance in locating a caller who is not at a physical address.
(h) The DESC shall maintain a geographical
representation of each emergency service number coverage area.
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); ss by #11128, eff 6-29-16
Saf-C 7005.02 The Role of the Public in
Updating the Database.
(a) When it appears to a telecommunicator that
medical assistance is needed by any person involved in the emergency reported
in a call made by dialing 911, the telecommunicator shall request, and the
caller shall provide, the municipality,
the street address and the phone number of the location from which the call is
being made.
(b) When the bureau receives information that a
member of the household or business served by a specifically identified
telephone number has a physical impairment or otherwise has special needs which
require, for effective delivery of emergency services, that such information be
added to the database, the bureau shall confirm in writing such supplemental
ALI information by mailing a statement of the information to:
(1) The person
providing the information;
(2) The subscriber liable for payment for the services
provided to the identified telephone number; and
(3) The person
who has the physical impairment or special needs.
(c) If the bureau receives no corrections to the
written confirmation described in (b), the bureau shall enter the supplemental
ALI information into the database.
(d) Supplemental ALI information shall be held
confidential by the bureau, and disclosed only as necessary for the provision
of emergency services.
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); ss by #11128, eff 6-29-16
PART Saf-C 7006 COOPERATION AND
COORDINATION WITH TELEPHONE COMPANIES, MUNICIPALITIES AND THE PUBLIC
Saf-C 7006.01 Cooperation and Coordination
with Telephone Companies.
(a) Each telephone company shall register with
the bureau by completing and submitting a form DESC 5, “Telecommunications Company
Registration Form,” which requires the following information:
(1) The name of
the company;
(2) Its
employer identification number;
(3) Its
complete mailing address;
(4) Its e-mail
address, if any;
(5) The name of
the person, if any, whom it designates as a contact person;
(6) The
complete address of its business location within the state;
(7) The
location of its books and records if they are maintained in an out-of-state
location;
(8) The contact
person and telephone number at the out-of-state location, if any, where its
books and records are maintained;
(9) Its legal
structure, whether an individual, a partnership, a corporation or other entity;
(10)
Identification of its legal structure, if it is not an individual,
partnership, or corporation;
(11) The state
and date of its incorporation, if it is a corporation;
(12) The date
of onset of its business in the state;
(13) Its character
as a wire, wireless or voice over internet protocol (VoIP) company; and
(14) The name, telephone number and employer
identification number of an agent, if any, designated to file reports with the
bureau.
(b) If a telephone company designates an agent to
file reports with the bureau, it shall attach to the application form a copy of
the agent's power of attorney. Such company shall notify the bureau within 5
business days if any such power of attorney lapses or is revoked. A copy of any
new power of attorney granted by a telephone company following registration
shall be sent to the bureau.
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); ss by #11128, eff 6-29-16
Saf-C 7006.02 Cooperation and Coordination
with Municipalities.
(a) For the purpose
of effective delivery of enhanced 911 services within a municipality, the
bureau shall, with the agreement of the municipality, create a verified master street address guide, a verified street
address guide, and a comprehensive map of the municipality if:
(1) The municipality makes a written request that
the bureau do so; and
(2) The request is signed by
a majority of the members of the governing body of the municipality.
(b) A municipality
may assist in the creation of the comprehensive map by:
(1) Providing the bureau with a verified master
street address guide;
(2) Providing the bureau with a verified street
address guide; and
(3) Providing the bureau annually with an updated
master street address guide and an updated street address guide.
(c) For the purposes
of creating the verified master street address guide, the verified street
address guide, and the comprehensive map, the bureau shall, as needed, request
a municipality to:
(1) Designate a person to act as liaison to the
bureau and provide the bureau with a copy of the most accurate road map
available;
(2) Designate one or more
representatives of the municipality to accompany the bureau's personnel on
drives upon the municipality's public and private ways having multiple
structures upon them, for the purposes of:
a. Locating roads;
b. Recording access points to structures; and
c. Recording the location of fire hydrants,
hiking trails, pay phones and other facilities which might be used in the
delivery of emergency services;
(3) Direct the liaison to review for accuracy and
correct the road map produced by the bureau as frequently as necessary to
create a complete and accurate road map of the municipality;
(4) Follow the road naming guidelines set forth
in (d) and (e);
(5) Timely accept the road map as complete and
accurate in its representation of the names and locations of roads by providing
the bureau with a letter signed by a majority of the members of the
municipality's governing body;
(6) Designate one or more representatives of the
municipality to accompany the bureau's crew on drives upon the municipality's
public and private ways having multiple structures upon them for the purpose of
verifying the addresses of such structures and of the facilities described in
(c)(2)c.;
(7) Timely accept the address map as complete and
accurate by providing the bureau with a letter signed by a majority of the
members of the municipality’s governing body;
(8) Assign addresses in accordance with the
addressing guidelines set forth in (f) whenever new addresses are assigned;
(9) Reassign addresses whenever existing
addresses differ from those called for by the guidelines set forth in (f); and
(10) Timely accept the verified master street
address guide and the verified street address guide by providing the bureau
with a letter signed by a majority of the members of the municipality's
governing body.
(d) The bureau shall
request a municipality to name new streets and roads and rename existing
streets and roads to avoid:
(1) Names of streets or roads which sound like
the names of other streets or roads within the municipality;
(2) Names of streets or roads which incorporate
special punctuation such as hyphens, apostrophes and dashes;
(3) Names of streets or roads which are words of
directionality, such as “north”, “south”, “east” and “west”;
(4) Names of streets or roads which are easy to
confuse with the names of subdivisions and commercial developments, such as
names which end in the word “plaza” or in the word “place”;
(5) Names of streets or roads which are words
commonly used as suffixes following the names of streets or roads, such as
“court”, “lane” and “heights”; and
(6) Changes in the names of continuous streets or
roads at intersections or other points along their courses.
(e) The bureau shall
request that a municipality, when naming new streets and roads, not use the
names of families or individuals.
(f) For each street
or road, the bureau shall request a municipality
to designate the end of the street or road at which address numbering begins
and to assign or reassign addresses to achieve the following result:
(1) Numbers are assigned using a uniform frontage
interval system that matches the interval used in the municipality. If no
standard interval exists for the municipality, a 50 foot increment is used to
assign addresses for standard new roads and a 10 foot increment for new roads
in thickly developed areas;
(2) Odd numbers are successive on one side of the
street or road, and even numbers are successive on the opposite side of the
street or road. The odd/even numbering of a new street or road is consistent
with the other street in the municipality. If no standard exists, odds are on
the left and evens are on the right; and
(3) In situations where there are insufficient
address numbers remaining, the municipality should avoid the use of fractional
and alpha numeric address number assignments for structures and instead
renumber the street in accordance with this section.
(g) Upon completion
of the verified master street address guide, the verified street address guide,
and the comprehensive map, the bureau shall, if requested, provide the
municipality with paper copies of the comprehensive map and its governing body
with the map in electronic form.
(h) For the purpose
of keeping current the comprehensive map, the bureau shall request the
assistance of the municipality in informing the bureau of changes in the
location of roads, structures and facilities described in (c)(2)c. occurring after the completion of the comprehensive
map.
(i) The bureau shall update the comprehensive map
whenever the municipality informs the bureau of changes in the location of
structures or facilities described in (c)(2)c., or of
roads to be added to, or deleted from, the map.
(j) The bureau shall
work on comprehensive maps and requests for updates of such maps on a first in,
first out, basis.
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); ss by #11128, eff 6-29-16
Saf-C 7006.03 Coordination with the Public. The bureau shall provide services which ensure
that persons dialing 911 from any wired or wireless phone to request emergency
firefighting, law enforcement, ambulance, medical, or rescue services receive
prompt delivery of such services from local public or private providers.
Source. #9091, eff
2-21-08 (See Revision Note at Chapter Heading for Saf-C
7000); ss by #11128, eff 6-29-16
Saf-C 7006.04 Confidentiality of
Information and Records.
(a) Pursuant to RSA 106-H:14, 911 recordings,
records, and information compiled by the commission or the bureau shall not be considered
governmental records available under RSA 91-A.
(b) The bureau shall release 911 recordings,
records, and information as follows:
(1) On a case by case basis, to law enforcement agencies for official
investigative purposes; and
(2) The
department of environmental services for the sole purpose of providing
geographic information systems data to aid in locating wells subject to RSA
482-B.
(c) Law enforcement agencies
requesting recordings, records, or information compiled under
RSA 106-H shall submit a written request on stationery bearing the letterhead
of the law enforcement agency signed by an official authorized to make the
request.
(d) If there is an urgent need for any such
recording, record, or information, and it is impractical for a law enforcement
agency to submit a request in the manner prescribed in (b) above, a request shall
be submitted telephonically to the 9-1-1 PSAP Supervisor’s Desk. All requests for recordings, records, or
information compiled under RSA 106-H, regardless of what form, shall set forth
sufficient facts or circumstances to establish the records sought are only for
official investigative purposes.
(e) Pursuant to RSA 106-H:14, II, the records
released in (a)(2) above shall not be rereleased under RSA 91-A by the
department of environmental services.
(f) Pursuant to RSA 106-H:12, the following
information shall be held confidential and securely stored within the enhanced 911
system, and disclosed by the bureau only to facilitate the delivery of emergency
services:
(1) Addresses
and telephone numbers not published in directories or listed with directory assistance
which are included within the enhanced 911 automatic location identifications and
automatic telephone number identifications systems to enable the bureau to:
a. Correlate
street addresses and geographical locations with telephone numbers; and
b. Correlate
telephone numbers with telephone number account holders; and
(2) Physical
impairment or special needs information provided by a telephone subscriber
concerning anyone within the subscriber’s household or business.
(g) Enhanced 911 recordings shall be retained for
6 months
(h) The bureau shall destroy enhanced 911
recordings and records in a manner that safeguards the confidentiality of the information
they contain.
Source. #9091, eff 2-21-08 (See Revision Note at Chapter
Heading for Saf-C 7000); ss by #11128, eff 6-29-16;
ss by #13093, eff 8-25-20
PART Saf-C 7007 FUNDING OF THE
ENHANCED 911 SYSTEM
Saf-C 7007.01 Imposition of the Surcharge.
(a) The surcharge, set forth in RSA 106-H:9, shall be assessed by each local exchange telephone
carrier and other telecommunication service provider to any customer or
subscriber which is capable of accessing, connecting with, or interfacing with
enhanced 911 by dialing or initializing or otherwise activating the enhanced
911 system through the numerals “911” by means of a landline local telephone
exchange device, cellular telephone device, wireless communications device,
radio, or any other communications devices or means.
(b) Notwithstanding the provisions of (a) above,
the surcharge set forth in RSA 106-H:9 shall be collected by each seller of
prepaid commercial radio service from a consumer with respect to each retail
transaction sourced to New Hampshire.
(c) For purposes of (b) above, a retail
transaction shall be sourced to
(1) If the
transaction occurs in person at a seller's location in
(2) If (1) does
not apply, the prepaid commercial mobile radio service is evidenced by a
physical item, such as a card, and the purchaser provides a
(3) If (1) and
(2) do not apply, the consumer gives a New Hampshire address during the
consummation of the sale, including the address associated with the consumer's
payment instrument if no other address is available, and the address is not
given in bad faith; or
(4) If (1)-(3)
do not apply, the consumer's mobile telephone number is associated with a
postal zip code, telephone area code, or location within
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); amd
by #11010, INTERIM, eff 1-1-16, EXPIRES: 6-29-16; ss by #11128, eff 6-29-16
Saf-C 7007.02 Calculation
of Surcharge.
(a)
The surcharge for each local exchange telecommunication service provider and other
telecommunication service provider shall be assessed as an amount per access
line or telephone number for the first 25 lines or telephone numbers per
customer billing account for each carrier.
(b)
The surcharge shall be calculated after the division determines:
(1) The operating, capital and sufficient reserve budget
requirements for the bureau, based on a 5 year expense projection;
(2) The total number of access lines for which a surcharge is
currently being paid; and
(3) The total number of telephone numbers for which a surcharge is
currently being paid.
(c) The department of safety, division of
administration shall present to the commissioner and to the E911 commission
quarterly a report detailing the financial status of the E911 fund.
(d) The commission shall recommend to the
commissioner any adjustments to the wired, wireless, and VoIP surcharge that
are necessary to reflect increases in expenses above estimates, amounts
required in order to maintain an operating reserve equal to at least one-half
of the current year's budget, increases in the subscriber base, and changes in
the relative percentages between wired and wireless carriers. The commission shall present to the
commissioner its recommendations as to whether the surcharge should be
increased, reduced, or remain at the same level.
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); ss by #11128, eff 6-29-16
Saf-C 7007.03 Exemptions.
(a) Notwithstanding Saf-C
7007.01 above, no such surcharge shall be imposed upon more than 25 business
telephone lines capable of voice transmission per customer billing account,
including PBX trunks, SIP trunks, and Centrex lines.
(b) For the purposes of this section, a PBX
trunk, SIP trunk, or a Centrex line physically located in a local exchange area
shall be counted as one unit.
(c) If a minimal amount of prepaid commercial
mobile radio service is sold with a prepaid mobile device for a single,
non-itemized price, then the seller may elect not to apply the surcharge to
such transaction.
(d) For purposes of (c) above, an amount of
service denominated as 10 minutes or less, or 5 dollars or less, shall be
minimal.
(e) A seller of prepaid commercial mobile radio
service having less than 150 retail transactions in a calendar quarter and who
has not collected the surcharge on such transactions shall not be required to
remit the surcharge on those transactions, provided that the seller submits to
the bureau a notarized certification on form DESC 4 “NH Prepaid Commercial
Mobile Radio Service Quarterly Exemption Certification,” (rev 12/15), not later
than the 15th day following such quarter, that the seller had less than 150
retail transactions in such quarter, along with such certification copies of
invoices, receipts, or other similar documentation establishing the number of
retail transactions in such quarter.
(f) The prepaid commercial mobile radio service
surcharge shall not be subject to any other state or local tax.
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); amd
by #11010, INTERIM, eff 1-1-16, EXPIRES: 6-29-16; ss by #11128, eff 6-29-16
Saf-C 7007.04 Collection of the Surcharge.
(a) All local exchange telecommunication service
providers and other telecommunication service providers shall bill each access
line or telephone number the surcharge imposed by this part and shall remit
such surcharge revenue to the bureau on a monthly basis within 30 days of the
last day of each month.
(b) The surcharge imposed by this chapter shall be
stated as a distinct item on the subscriber’s bill. The surcharge shall be construed as a debt of
the subscriber to the local exchange telecommunication service provider or
other telecommunication service provider who provides such telecommunication services,
until paid, and, if unpaid, is recoverable at law in the same manner as the
original charge for such telecommunication services.
(c)
In the instances in which a local exchange telecommunication service provider
or other telecommunication service provider resells its services through other
entities, and if the local exchange telecommunication service provider or other
telecommunication service provider
collects the surcharge revenue from
any of its resellers, the local exchange telecommunication service
provider or other telecommunication service provider shall transmit such
surcharge revenue on behalf of its reseller(s), identifying the name of each
reseller(s), and the respective amounts of surcharge revenue being transmitted
on behalf of the respective reseller(s).
(d) The amount of the surcharge collected by a
seller of prepaid commercial mobile radio service from the consumer with respect
to each retail transaction sourced to New Hampshire shall be either separately
stated on an invoice, receipt, or other similar document that is provided by
the seller to the consumer, or otherwise disclosed to the consumer.
(e) The seller shall be liable to remit all
surcharge collected from consumers to the bureau on a monthly basis within 30
days of the last day of each month, including all such surcharge that the
seller is deemed to collect where the amount of the surcharge has not been separately
stated on an invoice, receipt, or other similar document provided by the seller
to the consumer.
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); amd
by #11010, INTERIM, eff 1-1-16, EXPIRES: 6-29-16; ss by #11128, eff 6-29-16
Saf-C 7007.05 Registration of Sellers of
Prepaid Commercial
(a) To implement the bureau’s statutory function
to collect surcharge on prepaid commercial mobile radio service retail
transactions sourced to
(b) Sellers shall register by completing form
DESC 3, “NH Prepaid Commercial Mobile Radio Service Seller Registration Form,”
which requires sellers to provide the following information:
(1) The name of
the seller;
(2) Its
employer identification number;
(3) Its
complete mailing address;
(4) Its e-mail
address, if any;
(5) The name of
the person, if any, whom it designates as a contact person;
(6) The
complete address of its business location within the state;
(7) The
location of its books and records;
(8) The contact
person and telephone number at the location where its books and records are
maintained;
(9) Its legal
structure, whether an individual, a partnership, a corporation or other entity;
(10)
Identification of its legal structure, if it is not an individual,
partnership, or corporation;
(11) The state
and date of its creation, if it is a legal entity;
(12) The date
of onset of its business in the state; and
(13) The name,
address, telephone number and employer identification number of an agent, if
any, designated to file reports with the bureau.
(c) If a seller of prepaid commercial mobile
radio service designates an agent to file reports with the bureau, it shall
attach to the application form a copy of the agent's power of attorney. Such seller shall notify the bureau within 5
business days if any such power of attorney lapses or is revoked. A copy of any new power of attorney granted
by a seller of prepaid commercial mobile radio service following registration
shall be sent to the bureau.
Source. #11010, INTERIM, eff 1-1-16, EXPIRES:
6-29-16; ss by #11128, eff 6-29-16
Saf-C 7007.06 Reporting Forms.
(a) Each local exchange
telecommunication service provider or other telecommunication service provider
shall remit such surcharge revenue along with a completed surcharge reporting
form, DESC 1.
(b) Each reporting
local exchange telecommunication service provider or other telecommunication
service provider shall submit the following on the surcharge reporting form:
(1) The reporting period;
(2) The number of access lines versus telephone
numbers on which a surcharge is currently being paid;
(3) The number of access lines or telephone
numbers on which:
a. Surcharge collection was paid;
b. Surcharge collection was uncollectible;
c. Subtotal of a. and b. above; and
d. Total of revenue remitted;
(4) If applicable, a sworn attestation that the
reporting carrier is a reseller and has remitted the requisite surcharge to an
underlying carrier;
(5) The name of the underlying carrier in (4)
above;
(6) Reporting company’s name
as shown on the public utilities commission or federal communications
commission license/certificate;
(7) Federal employer identification number;
(8) Address of the reporting company;
(9) Contact person completing the form;
(10) Signature of contact person;
(11) Phone number of contact person;
(12) Fax number of contact person;
(13) Email address of contact person; and
(14) Title of the contact person.
(c) Each seller of prepaid
commercial mobile radio service shall submit the following on form DESC 2,
“Prepaid CMRS Surcharge Report”:
(1) The reporting period;
(2) The number of retail transactions sourced to
(3) The number of retail transactions sourced to
(4) The total amount of gross surcharge owed;
(5) The total amount of surcharge retained
pursuant to RSA 106-H:9, I-a(h);
(6) The total amount of surcharge currently owed;
(7) The total amount of revenue remitted;
(8) Seller’s name as registered pursuant to Saf-C 7007.05;
(9) Federal employer identification number;
(10) Seller’s legal address;
(11) Seller’s mailing address;
(12) Printed name and signature of authorized
person completing the form;
(13) Phone number of authorized person completing
the form;
(14) Fax number of authorized person completing
the form;
(15) Email address of authorized person completing
the form; and
(16) Title of authorized person completing the
form.
(d) The authorized
person completing the form shall certify by the person’s signature that the
information on the form is true and correct to the best of the person’s
knowledge and belief, subject to the penalty for making unsworn false
statements under RSA 641:3.
(e) The authorized
person completing the form shall sign and date the form.
Source. #9091, eff
2-21-08 (See Revision Note at Chapter Heading for Saf-C
7000); amd by #11010, INTERIM, eff 1-1-16, EXPIRES:
6-29-16; ss by
#11128, eff 6-29-16
Saf-C 7007.07 Evidence of Payment
Elsewhere. All local exchange
telecommunication service providers, other telecommunication service providers,
and sellers of prepaid commercial mobile radio service shall be liable for the
surcharge unless they can prove to the bureau that a surcharge has been paid to
another state.
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); amd by #11010, INTERIM,
eff 1-1-16, EXPIRES: 6-29-16 (from Saf-C 7007.06); ss by #11128, eff 6-29-16
Saf-C 7007.08 Form of Payment. The form of payment for the surcharge revenue
shall be by check made payable to the State of
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); renumbered by #11010 (from Saf-C 7007.07); ss by #11128, eff 6-29-16
Saf-C 7007.09 Books, Records, Papers, and
Other Documents.
(a) Every local
exchange telecommunication service provider or
other telecommunication service provider required to report in this
state under this part, shall keep books, records, papers, and other documents
which are adequate to reflect the information required by RSA 106-H:9.
(b) All books,
records, other papers, and documents required to be kept by this chapter shall:
(1) Be kept in the English language;
(2) At all times during business hours of the
day, be subject to inspection by the department of revenue; and
(3) Be furnished to the department of revenue
either as hard copy or by electronic or digital media at the option of the
department of revenue.
(c) For the purposes
of (b)(3) above, if such information is submitted by electronic or digital
media, it shall be in a format that is compatible with the software used by the
department of revenue.
(d) All records, books, papers and documents shall be
retained by the local exchange telecommunication service provider or other
telecommunication service provider for a period of 3 years from the due date of
the report.
(e) Pursuant to RSA
82-A:11-a, the department of revenue may audit any telephone common carrier or
telecommunication service provider.
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); renumbered by #11010 (from Saf-C 7007.08); ss by #11128, eff 6-29-16
Saf-C 7007.10 Record Retention
By Sellers of Prepaid Commercial
(a) Every seller of
prepaid commercial mobile radio service required to report in this State under
this part, shall keep books, records, papers, and other documents which are
adequate to reflect the information required by RSA 106-H:9;
(b) Without
intending to limit (a) above, each seller who remits surcharge to the bureau
shall maintain:
(1) Accounting, financial, and general
information necessary to establish the amount of the surcharge
collected and remitted; and
(2) Information to substantiate:
a. Any surcharge the seller elected not to
collect on sales of devices with a minimal amount of prepaid commercial mobile
radio service, pursuant to RSA 106:H:9, I-a(g);
b. The amount of surcharge retained by the
seller pursuant to RSA 106-H:9, I-a(h); and
c. Any other information required to be shown on
any form required by these rules;
(c) Every seller of
prepaid commercial mobile radio service that has lawfully not remitted
surcharge on less than 150 retail transactions in a calendar quarter pursuant
to RSA 106-H:9, I-a(i) shall maintain invoices,
receipts, or other similar documentation establishing the number of retail
transactions in such quarter;
(d) All books and records
and other papers and documents required to be kept by this chapter shall:
(1) Be kept in the English language;
(2) At all times during business hours of the
day, be subject to inspection by the bureau upon request; and
(3) Be furnished to the bureau either as hard
copy or by electronic or digital media at the option of the bureau;
(e) For the purposes
of (d)(3) above, if such information is submitted by electronic or digital
media, it shall be in a format that is compatible with the software used by the
bureau;
(f) All records and
information shall be retained for a period of 3 years from the due date of the
return unless notified by the bureau that the retention of the data is required
for a longer period of time as a result of:
(1) The commencement of an adjudicative
proceeding involving the parties; or
(2) The completion of any litigation in which the
data may be relevant; and
(g) Each seller of
prepaid commercial mobile radio service shall, upon request, provide the bureau
with access to the seller’s personnel for interviews during the regular
business day.
Source. #11010,
INTERIM, eff 1-1-16, EXPIRES: 6-29-16); ss by #11128, eff 6-29-16
Saf-C 7007.11 Failure to File. A local exchange telecommunication service
provider, other telecommunication service provider and sellers of prepaid
commercial mobile radio service shall be assessed overdue surcharge amounts for
past due amounts at any time.
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); amd
by #11010, INTERIM, eff 1-1-16, EXPIRES: 6-29-16 (from Saf-C
7007.09); ss by #11128, eff 6-29-16
Saf-C 7007.12 Audits of Telephone Common
Carriers and Telecommunication Services Providers. For telephone common
carriers and telecommunication services providers, audits of the surcharge
shall be conducted in accordance with the applicable rules of the department of
revenue, pursuant to RSA 21-J and RSA 82-A. Any telephone common carrier or
telecommunication service provider aggrieved by a determination of liability by
the department of revenue may appeal pursuant to RSA 21-J.
Source. #9091, eff 2-21-08 (See Revision Note at
Chapter Heading for Saf-C 7000); amd
by #11010, INTERIM, eff 1-1-16, EXPIRES: 6-29-16 (from Saf-C
7007.10); ss by #11128, eff 6-29-16
Saf-C 7007.13 Audits of Sellers of Prepaid
Commercial
(a) Audits of
sellers of prepaid commercial mobile radio service shall be conducted by the
department of safety in accordance with generally accepted auditing
standards.
(b) When an audit is
completed, the seller shall be notified by certified letter of the results.
This letter shall be referred to as the audit findings letter.
(c) When the seller
has overpaid the surcharge, the seller shall be notified of a refund within 30
days of the release of the audit findings letter.
(d) When the seller
is liable for surcharge, the seller shall be sent a statement of account within
30 days of the release of the audit findings letter.
(e) If a seller
disagrees with the results of an audit, the seller may elect to submit his or
her objection(s), in writing, within 30 days of receipt of the audit findings
letter. The objection(s) shall be
submitted to the bureau, along with all evidence in support of the seller’s
position. Upon receipt, an administrative
hearing shall be scheduled and held in accordance with the provisions of Saf-C 200, unless otherwise set forth in these rules. Failure of the seller to comply within the
prescribed period of time, or to submit evidence in support of his or her position,
shall constitute acceptance of the audit.
If an administrative hearing is requested, any collection on the invoice
shall be stayed until a decision from the hearings examiner is rendered.
Source. #11010, INTERIM, eff 1-1-16, EXPIRES:
6-29-16; ss by #11128, eff 6-29-16
PART SAF-C 7008 CONDUCT OF
COMMISSION MEETINGS
Saf-C 7008.01 Meetings. The commission shall meet no fewer than 4 regular
meetings a year, to effect the purposes of RSA
106-H:5. Special meetings shall be
called by order of the chairperson or vice-chairperson. Each member of the
commission shall be notified in writing of each meeting and such notice shall
contain the place, date, and time of the meeting.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); ss by #11128, eff 6-29-16 (formerly Saf-C
7009.01)
Saf-C 7008.02 Quorum. A quorum of the commission shall consist of
not less than 9 members and a majority vote by the members present shall be
necessary to pass a motion unless otherwise specified by law. In the absence of
the chair or vice-chair, a quorum of the commission shall designate a pro
tempore officer for the officer or officers absent.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); ss by #11128, eff 6-29-16 (formerly Saf-C
7009.02)
Saf-C 7008.03 Commission Meeting
Procedures. The commission shall
conduct its meetings in the following order:
(a) Call to order;
(b) Reading of the
minutes;
(c) Reading of
communications and reports;
(d) Unfinished
business;
(e) New business;
and
(f) Adjournment.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); ss by #11128, eff 6-29-16 (formerly Saf-C
7009.03)
Saf-C 7008.04 Public Participation.
(a) Parties wishing to bring issues to the attention of the commission
during a meeting shall first notify the bureau in writing at least 5 working
days prior to the date of the scheduled meeting and state the nature of the
issue for inclusion on the commission’s agenda.
(b) The chairman
shall request additional information if it will enable the commission to
accurately and completely address an issue.
(c) A person in
attendance of a meeting of the commission who wishes to raise an issue but has
not complied with the notice requirement in (a) shall request a waiver from the
commission.
(d) All requests for
waivers shall be made orally and include the following:
(1) Person’s name; and
(2) Nature of the issue to be considered.
(e) The chairman
shall waive the requirements of (a) after considering the following:
(1) Complexity of the issue or the response
required;
(2) Time available to the commission; and
(3) Source of the information necessary to
respond to the issue.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); ss by #11128, eff 6-29-16 (formerly Saf-C
7009.04)
Saf-C 7008.05 Conduct of the Commission
Meetings. Roberts Rules of Order
Newly Revised, 11th edition shall govern the procedures of the commission,
available as noted in Appendix II.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); ss by #11128, eff 6-29-16 (formerly Saf-C
7009.04)
PART Saf-C 7009 INVESTIGATIONS
Saf-C 7009.01 Investigations.
(a) Notwithstanding any
other provision of this chapter, the director, within the limits of his
authority, shall make inquiry of any person and otherwise gather data, and
prepare reports describing the data obtained whenever:
(1) The director receives information which leads
the director to believe that a governmental unit is not complying with the
provisions of RSA 106-H; or
(2) The director desires to obtain data for any
other lawful purpose.
(b) A formal
investigation shall be commenced by the issuance of an order of investigation
specifying:
(1) The statutory or regulatory authority for the
investigation;
(2) Any statutes or rules believed to have been,
or about to be, violated;
(3) The identity of the persons, or class of
persons, that are subject of the investigation;
(4) The general nature of the conduct being
investigated;
(5) The identity of the investigator; and
(6) Other provisions relevant to the issues under
investigation.
(c) When an
investigation occurs, an investigator designated by the director shall contact
such persons and examine such records and other documents as are reasonably
necessary to make a recommendation as to whether further action should be taken
on the allegations in question.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); ss by #11128, eff 6-29-16 (formerly Saf-C
7010.01)
PART Saf-C
7010 EMERGENCY
NOTIFICATION
Saf-C 7010.01 Purpose. For the purpose of alerting members of the
public about emergencies in a particular area and delivering rapid emergency
notification and information, the bureau shall maintain a statewide emergency
notification system (ENS). All wireline
telephone numbers in the E911 telephone database shall automatically be
included in the ENS, as well as telephone numbers collected semi-annually from
wireline and VoIP providers.
Source. #11128, eff 6-29-16
Saf-C 7010.02 System Description.
(a) The ENS shall
use the fixed-location data in the bureau’s E911 telephone database as well as
E911 data collected from wireline and VoIP providers who utilize dynamic
location information.
(b) The system shall
also be capable of sending out alerts via email address and SMS number.
(c) The ENS shall be
fully geographic information system (GIS) capable and able to define an
emergency zone by address or geographic area.
(d) The bureau shall
ensure that every state, county, and local emergency response agency has access
to and training in the use of the ENS.
(e) The bureau shall
use the Wireless Emergency Alerts (WEA) component of the Integrated Public
Alert and Warning System (IPAWS).
Source. #11128, eff 6-29-16
Saf-C 7010.03 Permitted Users.
(a) Each municipality shall have the
option to establish and access an ENS User account to send out an alert.
(b) The persons authorized for
access to the system are town administrators, town managers, city managers,
elected officials, E911 municipal liaisons, police chiefs, fire chiefs, rescue
chiefs, and emergency management directors.
(c) Authorized users must be appointed by
a board of selectmen, city council or person with signing authority for the
municipality.
Source. #11128, eff 6-29-16
Saf-C 7010.04 Authorized Usage.
(a) The system may
be used for incidents such as severe weather, evacuations, escaped and
dangerous prisoners, amber alerts, hazardous material incidents or other public
safety issues.
(b) The system shall
not be used for non-emergency messages which are not directly related to public
safety issues.
Source. #11128, eff 6-29-16
PART Saf-C
7011 ADJUDICATIVE
HEARINGS
Saf-C 7011.01 Hearings.
(a) Any person
aggrieved by any decision of the commissioner shall be entitled to a hearing,
in accordance with RSA 541-A.
(b) All hearings
shall be conducted in accordance with Saf-C 203.
Source. #9091, eff 2-21-08
(See Revision Note at Chapter Heading for Saf-C
7000); ss by #11128, eff 6-29-16 (from Saf-c 7010.01)
PART Saf-C
7012 DISCLOSURE OF CALLER LOCATION IN EMERGENCY SITUATIONS
Saf-C 7012.01 Location Requests from Law
Enforcement.
(a) Any local,
county or state public safety official may contact a DESC PSAP supervisor for
assistance with obtaining the location of a wireless device in an emergency
situation.
(b) The requesting
agency shall provide information pertaining to why the situation poses an
imminent risk to life or serious bodily injury.
(c) The request for
obtaining the location information shall be delivered over the DESC network
from the respective dispatch center for the requesting agency.
Source. #11128, eff 6-29-16
PART Saf-C
7013 AUTHORIZED
USES OF THE 911 SYSTEM
Saf-C 7013.01 Connection to the PSAPs. The originating service provider of the communications
device or emergency software application shall be required to have a direct and
redundant interconnection to the 911 network for voice calls or to the
designated text control center for text messaging.
Source. #11128, eff 6-29-16
Saf-C 7013.02 Direct Communication to the
Requestor.
(a) The originating
service provider of the communications device or emergency software application
shall be required to provide direct voice or text message communication to the
person requesting emergency assistance and shall not send an automated message
or relay messages by a third party, excluding services for translation such as
for the hearing impaired or foreign languages.
(b)
Automated messages and automated connections to the E911 system shall
not be allowed. The requestor shall
initiate communication on their device or software application, be able to
receive communication from the PSAP and then respond to that communication.
Source. #11128, eff 6-29-16
APPENDIX
|
Rule |
Statute |
|
|
|
|
Saf-C 7001 |
RSA 541-A:7 |
|
Saf-C 7002 |
RSA 541-A:7; RSA 106-H:2,
II-; RSA 106-H:9, I-a(a)(1); RSA 106-H:2, VIII-b; RSA
106-H:9, I-a(a)(4); RSA 106-H:9, I-a(a)(5);
RSA 106-H:9, I-a(a)(6); RSA 106-H:9, I-a(a)(7) |
|
Saf-C 7002.04 |
RSA 106-H:2, III-a |
|
Saf-C 7002.08 |
RSA 106-H:9, I-a(a)(1) |
|
Saf-C 7002.09 |
RSA 541-A:7 |
|
Saf-C 7002.20 |
RSA 106-H:2, VIII-b |
|
Saf-C 7002.21 |
RSA 106-H:9, I-a(a)(4); RSA 106-H:9, I-a(a)(5) |
|
Saf-C 7002.25 |
RSA 106-H:9, I-a(a)(6) |
|
Saf-C 7002.26 |
RSA 106-H:9, I-a(a)(7) |
|
Saf-C 7002.33 |
RSA 541-A:7 |
|
Saf-C 7003 |
RSA 21-P:14, VIII(b); RSA
106-H:6, I and II |
|
Saf-C 7004 |
RSA 21-P:14, VIII(b) ; RSA
106-H:6, I and II |
|
Saf-C 7005 |
RSA 21-P:14, VIII(d); RSA
106-H:10 |
|
Saf-C 7006.01- 7006.03 |
RSA 21-P:14, VIII(e); RSA
106-H:10 |
|
Saf-C 7006.04 |
RSA 106-H:12; RSA 106-H:14 |
|
Saf-C 7007 |
RSA 106-H:9 |
|
Saf-C 7008 |
RSA 21-P:14, VIII(a) |
|
Saf-C 7008.01 |
RSA 541-A:7 |
|
Saf-C 7008.02- 7008.04 |
RSA 106-H:8 |
|
Saf-C 7009 |
RSA 21-P:14, VIII (c); RSA
106-H:6, V |
|
Saf-C 7010 |
RSA 106-H:16 |
|
Saf-C 7011 |
RSA 541-A:16, I(b)(2) |
|
Saf-C 7012 |
RSA 21-P:14, VIII(e); RSA
106-H:17 |
|
Saf-C 7013 |
RSA 21-P:14, VIII(e); RSA
106-H:15 |