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repealed the former Chapter Emer 200.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 data base;
(e) Procedures for the necessary cooperation and coordination with
telephone utilities, municipalities, and the public for the effective
implementation of the enhanced 911 system;
(f) Procedures necessary
for adequate funding of the enhanced 911 system; and
(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.
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
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)
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)
Saf-C 7002.03
"Bureau" means "bureau" as defined in RSA 106-H:2,
III.
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
Saf-C 7002.04 “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)
Saf-C 7002.05 "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)
Saf-C 7002.06
“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)
Saf-C 7002.07 “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) For each individual liable for payment of an account for wireless telephone
services:
(1) The billing address of the individual if that
address is within the state; and
(2) The wireless telephone number of the
individual if the area code included in the number is an area code in use
within the state; and
(d) Each street address
shown on each street address guide within the state with the emergency service
number for such address.
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
Saf-C 7002.08
"Director" means the director of the division of emergency
services, communications, and management, appointed pursuant to RSA 21-P:36, or
his designee.
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
Saf-C 7002.09
"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)
Saf-C 7002.10 “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)
Saf-C 7002.11
"Enhanced 911 system" means "enhanced 911 system" as
defined in RSA 106-H:2, VII.
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
Saf-C
7002.12 “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)
Saf-C 7002.13
“Governing body” means the board of selectment 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)
Saf-C 7002.14 “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)
Saf-C 7002.15 “
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
Saf-C 7002.16
“Municipality” means a town, city or unorganized place.
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
Saf-C 7002.17
"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)
Saf-C 7002.18
"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)
Saf-C 7002.19
"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)
Saf-C 7002.20
"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)
Saf-C
7002.21 “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)
Saf-C 7002.22
“Supplemental ALI information” means information about the location
correlated with a particular telephone number which is additional to the
information routinely included in the data base.
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
Saf-C 7002.23
“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 NH E 9-1-1
enhanced service.
Source.
#9091, eff 2-21-08 (See Revision Note at chapter heading for Saf-C 7000)
Saf-C 7002.24
“Telecommunicator” means a bureau employee who is responsible for
receiving at the public safety answering point telephone calls made to 911 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)
Saf-C 7002.25
“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)
Saf-C 7002.26
“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)
Saf-C 7002.27
“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)
Saf-C 7002.28 “
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
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) Qualify for the register of eligible
candidates prepared by the director of personnel pursuant to Per 403.01;
(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)
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 executive director of the bureau 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)
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;
and
(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
commissioner 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)
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 telephone service provider's
service territory.
(b) Using the guides
described in paragraph (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 paragraph (b)(1) shall, within 3 days, be
provided to the bureau or the bureau's designee for updating the data base.
(c) If the bureau
should choose not to update the state owned or operated data base itself, but
instead to contract for data base 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 data base.
(d) An entity
contracting to provide services to update the data base shall, upon receipt of
the information described in paragraph (c):
(1) Change the data base 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 data base change;
b. The name of the person making the data base
change;
c. Any additional remarks required to inform the
bureau fully about the data base change;
d. The original signature of the person making the data base change; and
e. The date of signing of the confirmation.
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
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 data base, 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 paragraph (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.
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 a form which requires the
provision of 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 or wireless company;
(14) Whether it collects taxes for another
retailer of telephone services, and if so, the name, telephone number and
employer identification number of the other retailer; and
(15) 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.
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
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 necessity
dictates, 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 paragraphs (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
paragraph (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 paragraph (f) whenever new addresses are
assigned;
(9) Reassign addresses whenever existing
addresses differ from those called for by the guidelines set forth in paragraph
(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, avoid using 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 at intervals of 50 feet;
(2) Odd numbers are successive on the left hand
side of the street or road; and
(3) Even numbers are successive on the right hand
side of the street or road.
(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 paragraph (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 paragraph
(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)
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)
Saf-C 7006.04 Confidentiality
of Information and Records.
(a) Pursuant to RSA
106-H:14 information and records compiled by the commission or the bureau shall
not be public records for the purpose of applying the provisions of RSA 91-A
except to the extent that:
(1) They are limited to statistical information;
(2) They are information or records relating to a
call made by dialing 911 and made available only to the person making the call;
or
(3) They are made by a law enforcement agency for
investigative purposes.
(b) When such
information is not published in directories or listed in directory assistance
offices, the following information shall be held confidential and disclosed
only on a call by call basis for the purpose of delivering enhanced 911
services:
(1) Street addresses and telephone numbers
provided by members of the public pursuant to Saf-C 7005.02(a); and
(2) The following information in the data base:
a. Correlations between street addresses and
telephone numbers; and
b. Correlations between telephone numbers and the
individuals liable for payment of the accounts associated with such numbers.
(c) The bureau shall
maintain in secure storage records containing the information described in
paragraph (b).
(d) The bureau shall
dispose of such records by shredding or in another manner which maintains the
security of the information they contain.
(e) The bureau shall
release such records when required to do so by an order of a court which:
(1) Has jurisdiction to issue the order; and
(2) In the order identifies with particularity
the party permitted to obtain the records and the records to be released.
(f) A law
enforcement agency making a request for information or records compiled under
RSA 106-H, shall submit the request in writing on stationery bearing the
letterhead of the law enforcement agency and signed by an official authorized
to make the request. The letter shall set forth the facts or circumstances
indicating that the information or records sought is for official investigative
purposes only.
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
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 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) Data only lines
which are not capable of accessing, connecting with, or interacting with
enhanced 911 system shall not be subject to the surcharge.
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
Saf-C 7007.02 Calculation of Surcharge.
(a)
The surcharge for 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.
The surcharge shall be calculated after the department 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;
(3) The total number of
telephone numbers for which a surcharge is currently being paid; and
(4) Required
reimbursement to wireless carriers as authorized by RSA 106-H:8.
(b)
The department of safety, division of administration shall present to
the commissioner and to the E-911 commission annually
within 90 days of the close of each fiscal year a report detailing the
financial status of the E-911 fund.
(c)
The commission shall recommend to the commissioner any adjustments to
the wired and wireless surcharges 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)
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 and
Centrex lines.
(b) For the purposes of this section, a PBX trunk
or a Centrex line physically located in a local exchange area shall be counted
as one unit.
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
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).
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
Saf-C 7007.05 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, DSEC 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) Phone number of contact person;
(11) Fax number of contact person;
(12) Email address of contact person; and
(13) Title of the contact person.
(c) The contact person shall sign and date the
form.
Source. #9091, eff
2-21-08 (See Revision Note at chapter heading for Saf-C 7000)
Saf-C 7007.06 Evidence
of Payment Elsewhere. All local
exchange telecommunication service providers and other telecommunication
service providers 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)
Saf-C 7007.07 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)
Saf-C 7007.08 Books, Records, Papers, and Other
Documents.
(a) Every local
exchange telecommunication service providers 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 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 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)
Saf-C 7007.09 Failure to File. A local exchange telecommunication service provider
or other telecommunication service provider 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)
Saf-C 7007.10 Audits. 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)
Saf-C 7007.11 Hardship.
(a) If a local
exchange telecommunication service provider or other telephone service provider
does not have the technology to generate the information necessary to submit a
reporting form, pursuant to Saf-C 7007.05, the provider may request a waiver
from the commissioner.
(b) The request for
a waiver shall include:
(1) The name and contact information for the
provider;
(2) A detailed explanation as to what resources
are lacking in order to generate the information required for Saf-C 7007.05;
(3) Action the provider is taking to come into
compliance with Saf-C 7007.05;
(4) The anticipated duration for a waiver; and
(5) A detailed explanation of the information or
data that the provider will provide that will be the most comparable to that
requested in Saf-C 7007.05.
(c) A waiver shall
be granted if it complies with this section. No waiver shall be granted for a
period greater than 6 months from the effective date of Saf-C 7007.05.
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
PART Saf-C 7008 PROCEDURES FOR REIMBURSEMENT TO ANY PROVIDER
OF COMMERCIAL
Saf-C 7008.01
Purpose. The purpose of
this part is to set forth the procedures for reimbursement from the bureau to
any provider of commercial mobile radio service of the reasonable expenses
incurred prior to May 19, 2006 to accomplish the provision of enhanced 911
services, in accordance with RSA 106-H:8.
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
Saf-C 7008.02 Application
for Reimbursement from Commercial
(a) A commercial mobile
radio service provider may apply to the bureau for reimbursement for reasonable
expenses incurred prior to May 19, 2006 for implementation of wireless 911
emergency services by submitting an application no later than April 1, 2010.
(b) An application
submitted pursuant to (a) above shall contain the following:
(1) An itemization of costs that the applicant
has incurred, with supporting documentation, to upgrade, purchase, lease,
program, install, test, operate, or maintain all data, hardware and software
necessary to implement the wireless 911 emergency services in this state;
(2) The date each of the costs itemized in (b)(1)
above was incurred;
(3) The citations to FCC orders or regulations
authorizing reimbursement of the type of costs itemized in (b)(1) above; and
(4) Declaration of amount of money the applicant
has recovered or will recover from subscribers in the state as reimbursement
for costs the applicant has incurred or will incur to implement wireless
emergency 911 services in the state.
(c) The application
submitted pursuant to this section shall contain language swearing or
affirming, under the penalty of RSA 641:3, that the representations made in the
application are accurate to the best of the signer’s knowledge.
(d) The signer of
the application shall be:
(1) An employee or officer of the commercial
mobile radio service provider submitting the application; and
(2) Designated by the commercial mobile radio
service provider to sign on its behalf and bind the commercial mobile radio
service provider to the representations made.
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
Saf-C 7008.03 Review
of Application for Reimbursement by Commission.
(a) An incomplete
application shall be returned to the applicant with an explanation as to why
the application is being returned.
(b) The commission
shall approve an application submitted pursuant to this part if the commission
determines all of the following:
(1) The itemization of costs in the application
have been incurred for the purpose of promoting a cost-effective and efficient
state-wide system for responding to wireless emergency 911 telephone calls in
the state;
(2) The costs itemized in the application are
reasonable, according to guidelines set forth by the FCC and wireless cost
recovery requirements; and
(3) The application complies with the
requirements of this chapter, state and federal laws.
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
Saf-C 7008.04 Payment
of Reimbursement Claims. Pursuant to
Laws of 2006, Chapter 49:2, no approved reimbursement claim shall be paid out
by the bureau until the fiscal committee of the general court has first
approved the payment.
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
PART SAF-C 7009 CONDUCT OF COMMISSION MEETINGS
Saf-C 7009.01 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)
Saf-C 7009.02 Quorom. 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 o 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)
Saf-C 7009.03 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)
Saf-C 7009.04 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 14 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 paragraph (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)
Saf-C 7009.05 Conduct
of the Commission Meetings. Roberts
Rules of Order Newly Revised, 10th edition, dated 2000, shall govern the
procedures of the commission.
Source. #9091, eff 2-21-08 (See Revision Note at
chapter heading for Saf-C 7000)
PART Saf-C 7010
INVESTIGATIONS
Saf-C 7010.01 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;
(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)
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)
APPENDIX
|
Rule |
Statute |
|
|
|
|
Saf-C 7001 |
RSA 541-A:7 |
|
Saf-C 7002 |
RSA 541-A:7 |
|
Saf-C 7003 |
RSA 21-P:14, VIII(b) |
|
Saf-C 7004 |
RSA 21-P:14, VIII(b) |
|
Saf-C 7005 |
RSA 21-P:14, VIII(d) |
|
Saf-C 7006.01- 7006.03 |
RSA 21-P:14, VIII(e) |
|
Saf-C 7006.04 |
RSA 106-H:14 |
|
Saf-C 7007 |
RSA 106-H:9 |
|
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(a) |
|
Saf-C 7010 |
RSA 21-P:14, VIII (c) |
|
Saf-C 7011 |
RSA 541-A:16, I(b)(2) |