This chapter is promulgated pursuant to the authority granted in RCW 38.52.561.

(1) RCW 38.52.561 authorizes the state enhanced 9-1-1 coordinator, with the advice and assistance of the enhanced 9-1-1 advisory committee, to set nondiscriminatory, uniform technical and operational standards consistent with the rules of the Federal Communication Commission (FCC) for the transmission of 9-1-1 calls from radio communications service companies to enhanced 9-1-1 emergency communications systems. These standards must not exceed the requirements set by the FCC.

(2) The FCC, in its orders may refer to or approve standards adopted by the following standards bodies:

(a) Alliance for Telecommunications Industry Solutions (ATIS);

(b) Emergency Services Interconnection Forum (ESIF);

(c) National Emergency Number Association (NENA).

(3) This chapter is based upon and does not exceed FCC requirements contained in 47 C.F.R. § 20.18.

(1) "Alliance for Telecommunications Industry Solutions (ATIS)" shall mean the membership organization that provides the tools necessary for the industry to identify standards, guidelines and operating procedures that make the interoperability of existing and emerging telecommunications products and services possible.

(2) "Emergency Services Interconnection Forum (ESIF)" shall mean the working group of ATIS that provides a venue for the telecommunications industry, public safety and other stakeholders to develop and refine technical and operational interconnection issues that will ensure E9-1-1 service will be available for everyone.

(3) "Federal Communications Commission (FCC)" shall mean the agency of the federal government established under the Communications Act of 1934, as revised, for the purpose of regulating interstate communication by wire and radio.

(4) "Electronic serial number (ESN)" shall mean the unique 11-digit serial number assigned to the handset by the manufacturer.

(5) "International Mobile Equipment Identifier (IMEI)" shall mean the unique 15-digit serial number assigned to a global system for mobile communication (GSM) handset used on a GSM wireless network.

(6) "National Emergency Number Association (NENA)" shall mean the group established to foster the technological advancement, availability, and implementation of a universal emergency telephone number system.

(7) "Nonservice initialized handsets" shall mean a handset for which there is no valid service contract with an RCSC.

(8) "Phase I enhanced 9-1-1 service" shall mean wireless 9-1-1 service where the RCSC is required to provide the telephone number of the originator of a 9-1-1 call and the location of the cell site or base station receiving a 9-1-1 call from any mobile handset accessing their systems to the designated PSAP through the use of ANI and Pseudo-ANI (see WAC 118-66-030).

(9) "Phase II enhanced 9-1-1 service" shall mean wireless 9-1-1 service where the RCSC is required to provide the telephone number of the originator of a 9-1-1 call and the location by latitude and longitude to the designated PSAP.

(10) "Radio communications service company (RCSC)" shall mean every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court, and every city or town making available facilities to provide commercial mobile radio communications services, or cellular communications service for hire, sale, and both facilities-based and nonfacilities-based resellers, and does not include radio-paging providers.

(11) "9-1-1 Only Handsets" shall mean a nonservice initialized handset that is manufactured with the capability of dialing 9-1-1 only and that cannot receive incoming calls.

(1) Radio communications service companies (RCSCs) shall comply with the technical and operational standards established by the Federal Communications Commission for the transmission of 9-1-1 calls in section 47 C.F.R. Chapter I, § 20.18 of the FCC Rules.

(2) The authority given to the state enhanced 9-1-1 coordinator by RCW 38.52.561 is limited to setting standards as set forth in that section and does not constitute authority to regulate radio communications service companies.

(1) RCSCs shall meet or exceed the location accuracy standards for Phase II enhanced 9-1-1:

(a) For network-based technologies: 100 meters for 67 percent of calls, 300 meters for 95 percent of calls;

(b) For handset-based technologies: 50 meters for 67 percent of calls, 150 meters for 95 percent of calls.

(c) For the remaining 5 percent of calls, location attempts must be made and a location estimate for each call must be provided to the appropriate PSAP.

(2) Adhere to schedules for implementation of Phase I and Phase II enhanced 9-1-1 service (see paragraphs 20.18 (d) through (g) of the FCC Rules and subsequent modifications of the FCC's Richardson Order and Phase II Compliance Deadlines in CC Docket 94-102):

(1) Within six months of a request by the designated public safety answering point as set forth in WAC 118-67-100, RCSCs must provide the telephone number of the originator of a 9-1-1 call and the location of the cell site or base station receiving a 9-1-1 call from any mobile handset accessing their systems to the designated public safety answering point through the use of ANI and pseudo-ANI.

(2) When the directory number of the handset used to originate a 9-1-1 call is not available to the serving carrier, such carrier's obligations under paragraph (1) of this section extend only to delivering 9-1-1 calls and available call party information, including that prescribed in WAC 118-67-120 to the designated public safety answering point.

(3) With respect to 9-1-1 calls accessing their systems through the use of TTYs, RCSCs must comply with the requirements in paragraphs (1) and (2) of this section, as to calls made using a digital wireless system.

RCSCs must provide to the designated public safety answering point, Phase II enhanced 9-1-1 service, i.e., the location of all 9-1-1 calls by longitude and latitude in conformance with Phase II accuracy requirements of WAC 118-67-050.

RCSCs that employ a network-based location technology shall provide Phase II enhanced 9-1-1 service to at least 50 percent of their coverage area or 50 percent of their population beginning within 6 months of a PSAP request, and to 100 percent of their coverage area or 100 percent of their population within 18 months of such a request.

RCSCs that employ a handset-based location technology may phase in deployment of Phase II enhanced 9-1-1 service, subject to the following requirements:

(1) Without respect to any PSAP request for deployment of Phase II 9-1-1 enhanced service, the RCSC shall:

(a) Ensure that 100 percent of all new digital handsets activated are location-capable.

(b) By December 31, 2005, achieve 95 percent penetration of location-capable handsets among its subscribers.

(2) Once a PSAP request is received, the RCSC shall, in the area served by the PSAP, within six months:

(a) Install any hardware and/or software in the CMRS network and/or other fixed infrastructure, as needed, to enable the provision of Phase II enhanced 9-1-1 service; and

(b) Begin delivering Phase II enhanced 9-1-1 service to the PSAP.

(3) For all 9-1-1 calls from portable or mobile phones that do not contain the hardware and/or software needed to enable the RCSC to provide Phase II enhanced 9-1-1 service, the RCSC shall, after a PSAP request is received, support, in the area served by the PSAP, Phase I location for 9-1-1 calls or other available best practice method of providing the location of the portable or mobile phone to the PSAP.

(4) RCSCs employing handset-based location technologies shall ensure that location-capable portable or mobile phones shall conform to industry interoperability standards designed to enable the location of such phones by multiple RCSCs.

PSAPs shall request Phase I or Phase II enhanced service from RCSCs providing wireless service in their areas based on the following requirements:

(1) The requirements set forth in WAC 118-67-050, 118-67-060, 118-67-070, 118-67-080, and 118-67-090, shall be applicable only if the administrator of the designated public safety answering point has requested the services required under those paragraphs and is capable of receiving and utilizing the data elements associated with the service, and a mechanism for recovering the public safety answering point's costs of the enhanced 9-1-1 service is in place.

(2) A public safety answering point will be deemed capable of receiving and utilizing the data elements associated with the service requested if it can demonstrate that it has ordered the necessary equipment and has commitments from suppliers to have it installed and operational within the six-month period specified in WAC 118-67-060, 118-67-080, or 118-67-090, as applicable, and can demonstrate that it has made a timely request to the appropriate LEC for the necessary trunking and other facilities.

(3) In the alternative, a public safety answering point will be deemed capable of receiving and utilizing the data elements associated with Phase II service if it is Phase I-capable using an NCAS methodology, and if it can demonstrate that it has made a timely request to the appropriate LEC for the ALI database upgrade necessary to receive the Phase II information.

RCSCs subject to this section must be capable of transmitting 9-1-1 calls from individuals with speech or hearing disabilities through means other than mobile radio handsets, e.g., through the use of text telephone devices (TTY). Operators of digital wireless systems must comply with the provisions of this paragraph.

RCSCs that donate a nonservice initialized handset for purposes of providing access to 9-1-1 services are required to:

(1) Program each handset with 9-1-1 plus the decimal representation of the seven least significant digits of the electronic serial number, international mobile equipment identifier or any other identifier unique to that handset;

(2) Affix to each handset a label that is designed to withstand the length of service expected for a nonservice initialized phone, and that notifies the user that the handset can only be used to dial 9-1-1, that the 9-1-1 operator will not be able to call the user back, and that the user should convey the exact location of the emergency as soon as possible; and

(3) Institute a public education program to provide the users of such handsets with information regarding the limitations of nonservice initialized handsets.

Manufacturers of 9-1-1-only handsets that are manufactured after May 3, 2004, are required to:

(1) Program each handset with 9-1-1 plus the decimal representation of the seven least significant digits of the electronic serial number, International Mobile Equipment Identifier or any other identifier unique to that handset;

(2) Affix to each handset a label that is designed to withstand the length of service expected for a nonservice initialized phone, and which notifies the user that the handset can only be used to dial 9-1-1, that the 9-1-1 operator will not be able to call the user back, and that the user should convey the exact location of the emergency as soon as possible; and

(3) Institute a public education program to provide the users of such handsets with information regarding the limitations of 9-1-1-only handsets.