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Title 202 | Chapter 006 | Regulation 090

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202 KAR 6:090.Allowable expenditures by public safety answering points (PSAPs) using the commercial mobile radio service emergency telecommunications (CMRS) fund.

RELATES TO:

KRS 65.7621, 65.7627, 65.7629(3) - (9), (13), 65.7631, 65.7635, 65.7639, 65.7643, 47 C.F.R. 1, 9, 12, 20, 22, 25, 64, 9 U.S.C. 1 - 16, 47 U.S.C. 153(27), 332(d), FCC Order Docket #94-102, 1996

STATUTORY AUTHORITY:

KRS 65.7633(2)(c)

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 65.7633(2)(c) requires the Kentucky 911 Services Board to promulgate administrative regulations to establish guidelines to be followed by the board in reviewing, evaluating, and approving or disapproving disbursements from the CMRS fund and requests for disbursements under KRS 65.7631(3) through (5). KRS 65.7631(5) requires that disbursed funds shall be used solely for the purposes of answering, routing, and properly disposing of CMRS 911 calls, training PSAP staff, public education, and complying with the wireless E911 service requirements established by the FCC. This administrative regulation establishes requirements to be followed by the board in its review and evaluation of CMRS fund disbursement requests by local 911 centers.

Section 1.

Definitions.

(1)

"AVL" means automatic vehicle location systems used to track emergency responder vehicles.

(2)

"CAD" means computer aided dispatch systems used by 911 personnel to allocate and track emergency responder resources during a 911 call.

(3)

"ECC" means an emergency call center.

(4)

"EMS" means emergency medical system, which includes paramedics, emergency medical technicians, and other personnel and equipment used to respond to medical emergencies.

(5)

"GIS" means Geographic Information Systems used to create, maintain, and manage graphic location data for use by PSAPs or services routing emergency calls to PSAPs.

(6)

"LINK/NCIC" means the Law Enforcement Information Network of Kentucky and the National Crime Information Center, two (2) systems commonly used by law enforcement and emergency communications personnel for short messaging between agencies and to request vehicle, driver, and criminal history checks.

(7)

"MSAG" means Master Street Address Guide, the database used by 911 centers to determine an emergency call's initial location.

(8)

"Paging" means a hardware or software service originating in the PSAP that:

(a)

Notifies first responders in the field; and

(b)

Reflects hardware, software, or interface that connects with the CAD to notify first responders in the field.

(9)

"PSAP" is defined by KRS 65.7621(23).

(10)

"VoIP" means voice over internet protocol.

Section 2.

Allowed 911 Center Operational Expenditures.

(1)

Personnel costs. Costs related to employees as established in paragraphs (a) and (b) of this subsection, to the extent the employees' duties are directly attributable to delivery of 911 service, shall be allowed.

(a)

Positions allowed shall include:

1.

Director;

2.

Supervisor;

3.

Dispatcher;

4.

Call-taker;

5.

Technical staff;

6.

Support staff; and

7.

Other staff involved in the provision of 911 service.

(b)

Associated costs allowed shall include:

1.

Salaries;

2.

Fringe benefits;

3.

MSAG coordination;

4.

Uniforms; and

5.

Addressing or database development and management.

(2)

Facility costs. Facility costs for the following expenses, to the extent expenses are directly attributable to delivery of 911 service, shall be allowed:

(a)

Capital improvements for construction, remodeling, or expansion;

(b)

Lease or rental payments;

(c)

Utilities;

(d)

Heating and air conditioning;

(e)

Fire suppression systems;

(f)

Security systems;

(g)

Cleaning and maintenance;

(h)

Emergency power and uninterruptible power equipment;

(i)

Insurance;

(j)

Office supplies;

(k)

Printing and copying services; and

(l)

Furniture.

(3)

Training and memberships. Training and memberships in professional associations shall be allowed to the extent the training and memberships are directly attributable to the enhancement of knowledge, skills, and abilities of 911 personnel in the provision of 911 service, including:

(a)

Vendor provided training;

(b)

Conferences;

(c)

Necessary travel and lodging;

(d)

On-the-job training; and

(e)

Memberships in 911 related associations, such as the Association of Public Communications Officials, or the National Emergency Number Association.

(4)

Hardware, software, and peripheral equipment. Costs for the following equipment shall be allowed to the extent the equipment's function is directly attributable to the provision of 911 service, whether on the premises or remotely located:

(a)

911 controllers, telephone equipment, or software;

(b)

911 trunks or administrative lines for the PSAP;

(c)

Remote 911 hardware or modems;

(d)

Automatic call distribution (ACD) systems or other call management facilities and software;

(e)

Call-time stamping or other clock functions;

(f)

Computer workstations;

(g)

Telephone device for the deaf equipment;

(h)

Voice and data recording systems;

(i)

Radio systems, including consoles;

(j)

CAD; GIS or mapping software, equipment, and services; paging; paging peripherals; and field communication equipment between first responders allowing connectivity to CAD to provide emergency communication to first responders in the field, or LINK/NCIC;

(k)

Associated databases;

(l)

Network connectivity;

(m)

Software licenses;

(n)

Maintenance or service agreements for equipment or software listed in paragraphs (a) through (p) of this subsection;

(o)

Text or video to and from a PSAP/ECC; and

(p)

VoIP.

(5)

Vehicle costs. Vehicle costs for the following, either as reimbursement to an employee for the use of a private vehicle or direct costs for a vehicle assigned to the agency, shall be allowed to the extent the vehicle use is directly attributable to the provision of 911 service:

(a)

MSAG and address development and maintenance;

(b)

GIS verification and testing; and

(c)

Public education.

(6)

Professional services. Costs for the following professional services shall be allowed to the extent the services are directly attributable to the provision of 911 related service:

(a)

Legal;

(b)

Architectural;

(c)

Auditing;

(d)

Consultation; and

(e)

GIS.

(7)

Public education. Costs for public education regarding the proper use of 911 shall be allowed.

Section 3.

Not Allowed 911 Center Operational Expenses.

(1)

Personnel costs. Personnel costs for the following personnel shall not be allowed, except if directly functioning as 911 center staff:

(a)

Law enforcement;

(b)

EMS personnel;

(c)

Fire personnel;

(d)

Emergency management staff; and

(e)

Shared support or technical staff.

(2)

Facility costs. Facility costs for the following purposes and facilities shall not be allowed, except for that portion used for 911 operations:

(a)

Capital and furnishing costs for facilities whose primary purpose is other than 911 operations;

(b)

Facilities primarily intended for use by police, fire, EMS, or other emergency management personnel; and

(c)

Facilities providing general offices for county or municipal government operations.

(3)

Training and memberships.

(a)

Costs for training for staff not directly involved in the delivery of 911 services or courses with content not intended to increase of the knowledge, skills, and abilities of 911 personnel in regard to delivery of 911 service shall not be allowed.

(b)

Costs for memberships in organizations or associations with the primary purpose being other than public safety communications or 911 issues shall not be allowed.

(4)

Hardware, software, and peripheral equipment. The following hardware, software, or peripheral equipment costs, unless directly attributable to the delivery of 911 service, shall not be allowed:

(a)

Law enforcement, fire, EMS, or jail record management systems;

(b)

Word processing, databases, and other general computer applications;

(c)

GIS applications providing data layers not needed for the location of emergency calls, or other general mapping and location services for government operations;

(d)

Court information systems;

(e)

Field equipment used outside of the 911 center by emergency responders or other government personnel for radio, paging, mobile data, LINK/NCIC, CAD, or AVL systems;

(f)

Connectivity for an application listed in paragraphs (a) through (e) of this subsection;

(g)

A maintenance or service agreement for an application listed in paragraphs (a) through (e) of this subsection; and

(h)

Software license for an application listed in paragraphs (a) through (e) of this subsection.

(5)

Vehicle costs. The cost of an emergency response or other government vehicle not directly attributable to the delivery of 911 service shall not be allowed.

(6)

Professional services. Costs for professional services not directly attributable to the delivery of 911 service shall not be allowed.

(7)

Public education. Costs for public education not directly attributable to the delivery of 911 service shall not be allowed.

(8)

Radio infrastructure costs shall not be allowed.
HISTORY: (29 Ky.R. 1160; Am. 1524; eff. 12-18-02; TAm eff. 8-31-2007; 46 Ky.R. 145, 900; eff. 9-10-2019; 50 Ky.R. 2098; 51 Ky.R. 266; eff. 11-5-2024.)
FILED WITH LRC: July 9, 2024
CONTACT PERSON: Mike Sunseri, Deputy Executive Director, 200 Mero Street, Frankfort, Kentucky 40622, phone 502-892-3396, fax 502-564-7764; email mike.sunseri@ky.gov.

7-Year Expiration: 11/5/2031

Last Updated: 11/7/2024

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