A Statewide Emergency Services Network

Published Date: 02 Nov 2017

Presented By the Ohio Statewide ESInet Steering Committee

A summary of responses to the provisions of O.R.C. Section 5507.02 providing recommendations to address the development of a statewide emergency services internet protocol network with a review of the current funding model for this state’s 9-1-1 systems

SUMMARY REPORT

to the

130th Ohio General Assembly

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OHIO STATEWIDE EMERGENCY SERVICES INTERNET PROTOCOL NETWORK

2013

STEERING COMMITTEE MEMBERS

Stu Davis, Chair.……………………………………………………………………………….. State Chief Information Officer

Representative John Adams ……………………………………………………………………………………………….District 85

Representative Bill Patmon ………………………………………………………………………………………………..District 10

Senator Lou Gentile ………………………………………………………….………………………………………………..District 30

Senator Cliff Hite …………….….…………………………….………………………………………………………………….District 1

Michael Courtney ………..………………………………………City of Lancaster Director of Public Safety Services

Edwin Humphrey……….. Clermont County Commissioner, County Commissioners Association of Ohio

John Leutz……………………………………………………………………… County Commissioners Association of Ohio

Jason Loree…………………………….. Boardman Township, Mahoning County, Ohio Township Association

Thomas Robbins…………………………………………………………………… City of Marion Director of Public Safety

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Contents

Background 10

Ohio’s ESINet Vision 11

Overview of Current Expenditures/Balances 12

Funding Recommendations 13

Infrastructure Recommendations 14

Statutory Environment 15

Authority 15

Funding 16

Definitions 16

Enforcement and penalties 16

Confidentiality 16

Liability 16

Regulatory Environment 17

Statewide ESInet 17

Competitive NG9‑1‑1 Environment 17

Statutory Provisions Recommendations 18

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COMMITTEE RESPONSE TO OHIO REVISED CODE §5507.02 (C) (1)

The following is a summary of key recommendations provided in this report. Additional background, findings and recommendations are included in subsequent sections and in the full report.

Combine the two existing 9-1-1 advisory boards, the ESInet Steering Committee (Chapter 5507.02) and the Ohio 9-1-1 Council (Chapter 5507.65) and establishing the Ohio 9-1-1 Board as the governing body housed in the Department of Administrative Services. The Department of Administrative Services shall provide administrative support for the board.

Grant statutory authority to the Ohio 9-1-1 Board to coordinate with related state entities that have authority for GIS, public safety, radio systems and public safety networks such as OARnet and FirstNet as these systems will require the need to interconnect and interoperate with the ESINet environment to support NG9-1-1 services.

Designate the State CIO or his designee as the Interim NG9-1-1 Coordinator reporting to the Ohio 9-1-1 Board.

Recognize the Ohio 9-1-1 Board as the governing body with the authority for 9-1-1 in the State.

Grant the Coordinator with the statutory authority to:

Facilitate the 9-1-1 System across the State

Operate state-level functional components of the 9-1-1 system

Procure state-level 9-1-1 components

Promulgate regulations related to the administration and management of the 9-1-1 System

Promulgate training standards for Ohio Telecommunicators

Coordinate the interconnection of local and regional ESINets with the state backbone to ensure seamless statewide coverage

Collaborate with the designated ESINet service provider to establish performance standards and monitoring requirements

Coordinate with Federal 9-1-1 initiatives

It is the Committee’s recommendation regarding funding to:Continue funding analysis of the total cost of 9-1-1. Based on those findings work with the legislature to:

Modify statutory language to eliminate impediments to the implementation and ongoing operations of a statewide ESINet to support NG9-1-1 and future technologies.

Continue collecting wireless fees at the current level while transitioning to the NG9-1-1 platform funded by a Universal Access Fee.Based on the findings of the funding analysis:

Establish a Universal Access Fee for the transition and ongoing operation of NG9-1-1

Work with the legislature to modify the existing funding model to support the transition to NG9-1-1

The funding model should be based on the principle of access, so that any device capable of accessing the legacy and IP networks for 9-1-1 service would share in the costs of the 9-1-1 system

The funding method should be technology, vendor, and competitively neutral, so it does not give competitive advantages to one telecommunications, broadband, or data provider at the expense of other providers

The funds collected should be used only for their intended purposes and should not be re-allocated at the state or local level for non-9-1-1 purposes

The funding method should provide for the total cost of servicing 9-1-1 calls

The funding method should be easy to understand and administer

The funding method should be fair and equitable to all devices capable of accessing the current and future 9-1-1 network

The funding method should be stable, and therefore not require frequent legislative adjustments

Create distribution rules to specify what expenditures would be allowable expenses for money distributed to the counties. Initially the funds should be distributed for:

.5 percent of the amount collected to cover administrative expenses for the Department of taxation.

2 percent for the carriers to retain to cover the costs of collecting and remitting the fee.

2 percent to fund administrative and staffing costs for the 9-1-1 Board.

The Ohio 9-1-1 Board should pay the costs to build, maintain and operate the IP network and the PSAP connections to the IP network directly. This will allow the state to obtain better pricing for the network and to ensure a unified approach to deployment of the network.

The Ohio 9-1-1 Board should establish a Capital Expenditures account for future network upgrades and expenses.

The Ohio 9-1-1 Board should create a PSAP consolidation incentive account.

Any remaining funds may be allocated to the PSAP consolidation account for consolidations that meet the technical standards established by the ESInet Steering Committee and within the statutory limits of 5507.571.

Develop a PSAP Consolidation Plan to promote a reduction in the number PSAPs to an optimal level within the context of the NG9-1-1 system and incentivize the move to regional or virtual NG9-1-1 services

In the form of grants to support moves to consolidation

In the form of fees for services for connectivity to the ESINet for facilities that facilities that exceed allowable connections to support recommended service level

Coordinate with the ESINet Technical Standards and Operations subcommittees on the ESInet design, requirements, specifications and policy development.

2013 Report on the development of a statewide emergency services network

The State of Ohio has existing infrastructure to support the creation of an Emergency Services Internet Protocol Network. Such a network will be capable of supporting both the Next Generation of 9-1-1 (NG9-1-1) services as well as emergency related communications for all public safety agencies.

The concept of NG9-1-1 expands the universe of devices that can access and place 9-1-1 emergency calls to include any modern communications device. As such it will require a complete restructuring of how emergency service calls are handled. This provides significant opportunities to reconceive the way 9-1-1 service is delivered in the state and design a new shared system that provides connectivity to multiple communications platforms while leveraging shared services and existing resources to limit costs, ensure value, and maintain the level of service the citizens of Ohio have come to expect.

With the expansion of the universe of devices comes the need to modernize all aspects of 9-1-1 from governance, policy, and security, to operations and funding; the Committee has identified issues in all aspects of current 9-1-1 environment will need to be addressed. From the creation of an ESINet coordinating body and unified 9-1-1 governance council, to the establishment of interconnectivity agreements and security requirements, this report provides a direction for restructuring the current system, including a new funding model to provide an equitable and sustainable source of funding based on 9-1-1 system access. It will build upon what works best from the existing models and fix those things that do not.

INTRODUCTION

The Ohio Legislature recognized the need to prepare the State of Ohio for the transition from the legacy 9-1-1 systems currently in place to the Next Generation of 9-1-1 technology (NG9-1-1) when it created the Ohio Statewide ESInet Steering Committee (Committee) and assigned it the responsibility to advise the Governor and the Legislature on the implementation, administration, and maintenance of a statewide Emergency Service Internet Protocol Network (ESINet).

Implementation of NG9-1-1 will entail significant investment, detailed planning, and close cooperation among the public and private sector entities responsible for the operation of 9-1-1 systems. Implementation presents both opportunity and challenge. The opportunity lies in the ability to enhance a vital public safety service and increase efficiency. The challenge will be to marshal the resources required to effect the change, from local, state and federal laws, agreements and regulations to private sector service providers, both known and unknown, that will play a role in the delivery of 9-1-1 services to the citizens of Ohio. From a technology standpoint Ohio is well situated to meet that challenge to realize the benefits of NG9-1-1.

This document addresses the findings of the Committee with regard to development of a Statewide ESINet.

Background

Modern communication devices utilize technologies that are incompatible with legacy 9-1-1 systems. As a result Ohio Public Safety Answering Points (PSAP), are not equipped to accept or respond to 9-1-1 from large segments of the population using today’s modern communications devices. Ohio’s NG9-1-1 implementations must be capable of accepting "calls" from any communication device, regardless if the call is in the form of text, data, streaming audio, streaming video or Voice-over-IP (VoIP). More importantly, NG9-1-1 systems must accurately route the calls appropriately and provide the ability to accurately dispatch emergency responders to the caller’s location.

Today’s legacy 9-1-1 systems are relatively unchanged from when they were first implemented in the 1970’s and are often incapable of transferring data and location information. In many cases voice calls cannot be transferred between PSAPs in adjoining Telco Service Areas or beyond the state border. Additionally, the current 9-1-1 infrastructure is inadequate to support even modest increases in bandwidth. Clearly the existing 9-1-1 system is due for an overhaul.

A Statewide ESINet is an IP-based system to connect and transport emergency communications between and among state and local government entities. An ESINet will enable the delivery of IP-based 9-1-1 calls with the full range of digital media, including voice, text, photos, video, and data, serving an IP transport system providing connectivity between multiple networks including public, private, local, regional, inter and intra-state communication systems. The FCC’s Network Reliability and Interoperability Council VII suggested that such connectivity could extend well beyond the traditional public safety community, and include the following:

Hospitals/clinics, Public and Mental Health agencies

Emergency Management and Operations Centers

Transportation departments with inter-modal capability (e.g.; railroads, ports, trucking)

Non-governmental organizations: Red Cross, Salvation Army, etc.

National Guard

United States Department of Defense (US DoD)

Utilities, public works, recreation departments

For this initial report the Committee was tasked with the following:

Section §5507.02 (C) (1) - On or before May 15, 2013, deliver an initial report to the speaker of the house of representatives, the president of the senate, and the governor providing recommendations for the state to address the development of a statewide emergency services internet protocol network, which recommendations shall include a review of the current funding model for this state’s 9-1-1 systems and may include a recommendation for a reduction in wireless 9‑1‑1 charges;

In addition to this response to Section §5507.02 (C) (1) a significant amount of work has been done regarding Sections §5507.02 (C) (items 2-7). Background information and detailed reports of the Committee’s responses to the provisions of Chapter 5507.02 are provided as appendices of this report. The following is a summary of the Committee’s findings.

Ohio’s ESINet Vision

Ohio’s vision is for a statewide ESINet to replace Ohio’s existing patchwork of analog networks and provide for the centralization of equipment and services. This will improve efficiencies and reduce overall system costs while allowing local government to retain control over how 9-1-1 services are handled.

The Committee developed the following statements of principle for what Ohio’s NG9-1-1 system must do:

Ensure Ohio’s NG9-1-1 system exceeds the existing E9-1-1 system in the areas of: security; speed of delivery; reliability; and redundancy

Ensure the NG9-1-1 system has the ability to receive voice and data from any device or service that can access 9-1-1, anytime and anywhere in the State. The Committee will recommend changes that will ensure both efficiency and the most economical operation of the statewide system.

The statewide ESINet will connect many stakeholders who come together in the interest of public safety and emergency service. This ESInet will provide the opportunity to interact and share data, resources and functions beneficial to emergency incident outcome. One key feature that potentially impacts governance is the fact that application platforms are independent of the ESInet and could stand on their own. The entity who owns, deploys and/or manages an ESInet may not be the same stakeholders that own, deploy and manage the NG9-1-1 applications utilizing the ESInet for transport and connectivity. Further, the delivery of a 9-1-1 call may represent only one application of many that may share the ESINet. Other applications may include first responder communications, additional incident data providers and incident management functions.

The environment for NG9-1-1 services will differ considerably from the current 9-1-1 environment. Transition to NG9-1-1 will require an overhaul of all aspects of 9-1-1 from governance to the delivery of services. Conceptually, the transition begins with build out of the Emergency Services Internet Protocol Networks, preparation of basemap information, followed by the implementation of the applications that provide Next Generation 9-1-1 functionality. The planning and transition to NG9-1-1 will be an extensive, multi-year effort.

The Committee envisions a statewide ESINet that interconnects a system of regional and local ESINets. The statewide ESInet will enable call access, transfers and backups among and between NG9-1-1 compliant service providers and users on remote ESINets and provide flexibility in call-taking such that call takers no longer will have to be physically constrained to a specific communication center or PSAP. Additionally, the statewide ESInet will enable access to and backups from other emergency services organizations.

The implementation of a statewide ESINet will consist of shared systems which leverages current technology to ensure standardized and efficient delivery of 9-1-1 services to the public. A shared system requires shared support, the disparate funding models and user fees based upon type of equipment are no longer adequate to support next generation services. This document introduces a new funding model based on system access that is technology neutral and capable of incorporating future technologies as they become available.

REVIEW OF EXISTING 9-1-1 FUNDING

The ESInet Steering Committee has gathered and compiled information in an effort to provide the Ohio Legislature with an understanding of how 9-1-1 is funded in Ohio and what it will take to adequately prepare for Next Generation 9-1-1 (NG9-1-1).

Overview of Current Expenditures/Balances

The ESInet Steering Committee has gathered and compiled information in an effort to provide the Ohio Legislature with an understanding of how 9-1-1 is funded in Ohio and what it will take to adequately prepare for Next Generation 9-1-1 (NG9-1-1). To facilitate the reporting of the information listed in §5507.02 (D) (1), the Committee issued a County 9-1-1 Board Assessment survey document for County 9-1-1 Coordinators to complete online. Each of the 88 County Coordinators responded to the assessment. The results of this assessment in conjunction with a parallel effort to obtain information from individual PSAPs have been used as background information to support the findings of this report. While the scope of this assessment did not include the auditing or verification of survey responses, it was useful to develop a common view of the current state of 9-1-1 service delivery in Ohio.

There are currently 327 PSAPs covered by County 9-1-1 Boards. 7,486,867 calls were placed to 9-1-1 in 2012. Of those calls, 5,401,307 or 72.14% were placed from wireless phones. Since 2010 this represents an increase of 14.2% of the total call volume and a 23.8% increase in wireless call volume. Twenty six PSAPs in 17 counties reported they are evaluating consolidating or merging operations. This is in addition to the ongoing effort in Cuyahoga County to reduce the number of PSAPs from 48 to 8. The average annual per capita call volume is 0.65. In 2012 the average expenditure of wireless 9-1-1 funds exceeded the 2012 Annual Allocation by 5.25%. In and of themselves, these figures do not provide a true picture of the expenditures across the state. What the responses do point out however is that expenses at the local level vary considerably and are affected by factors like geographic location, overall population and time of year. They also show that there is a need for statewide coordination of NG9-1-1 development activities to help ensure equitable solutions be devised for NG9-1-1 services in Ohio.

Fortunately for many, the funding allocations have been such that they have been able to hold in reserve previous year’s disbursements and budget for planned upgrades and improvements to their hardware and software environments. Unfortunately the current method of distribution is grossly inequitable to counties with smaller populations that cannot take advantage of the economy of scale that is afforded to their more populous neighbors. While the Wireless Government Assistance fund has in fact met the objective of providing a minimal level of direct wireless capability to each county, it has not managed to provide wireless capability to all 9-1-1 centers and has managed to prevent the development of uniform 9-1-1 capabilities and perpetuated a system of disconnected and marginally interoperable 9-1-1 services across the state.

According to the information provided by the counties the funds received through the wireless E9-1-1 Government Assistance Fund provide no more than 18.32 percent of the total costs for wireless E9-1-1 and PSAP operations in the State. Nearly half of all PSAPs do not directly accept wireless calls and as a result receive no funding from the wireless E9‑1‑1 surcharge.

With the County’s 9-1-1 Board and PUCO disbursement reports it was possible to establish the cost of providing 9-1-1 services from a County and State perspective, however the Committee was not able to determine the total cost of 9-1-1 in the state of Ohio. It is not known what the system costs are for wireline service as the ILECs do not report those numbers to the PUCO, nor is there any statutory provision that requires them to do so. Furthermore, the costs and expenditures to local PSAPs could not be reliably separate wireless fund expenditures as a percentage of salary or capital expenditures. In addition, only about 62 percent of the PSAPs responded to the survey with responses weighted heavily to those PSAPs that receive wireless Government Assistance funds. That response level is not large or representative enough to estimate costs for the remaining PSAPs.

Due to the unavailability or the lack of data it is not possible to accurately understand what 9-1-1 costs in Ohio without additional research. Because this information is essential to a proper analysis it is strongly recommended that this information be gathered and used in the development of a comprehensive NG9-1-1 tactical plan. Adequate budget would need to be provided. In addition, it may become necessary for the Legislature to take three actions to facilitate this data gathering:

Require the ILECs to provide the ESInet Steering Committee with information about what it costs them to provide 9-1-1 service for each of their systems or as a statewide aggregate; and to report how much revenue the ‘bill and keep’ provision generates for each of their systems or as a statewide aggregate. At a minimum require the ILECs to provide the number of access lines within the state.

Require all PSAPs, not just County 9-1-1 Boards, to respond to the ESInet Steering Committee’s request for information.

Impose penalties for failure to respond.

Funding Recommendations

The Committee recommends that in order to provide the most adequate long-term funding source for 9-1-1 into the future, funding mechanisms should meet the following criteria:

The funding method should encompass the principle of access, so that any device capable of accessing the legacy and IP networks should share in the costs of 9-1-1 service, commonly referred to as a Universal Access Fee (UAF).

The funding method should be technology, vendor, and competitively neutral, so it does not give competitive advantages to one telecommunications, broadband, or data provider at the expense of other providers.

The funds collected should be used only for their intended purpose of supporting the development and operations of a statewide ESINet for NG9-1-1 and should not be re-allocated at the state or local level for non-9-1-1 purposes.

The funding method should provide for the total cost of providing 9-1-1 service.

The funding method should be easy to understand and administer.

The funding method should be fair and equitable to all individuals and devices capable of accessing the current and future 9-1-1 network.

The funding method should be stable, and therefore not require frequent legislative adjustments.

REVIEW OF EXISTING INFRASTRUCTURE

Within Ohio there are several technology initiatives serving state and local government agencies that could be leveraged to support the development of or be a component of an enterprise level ESInet. The State of Ohio Department of Administrative Services (DAS) Office of Information Technology (OIT), the Ohio Academic Resources Network (OARnet), the Multi-Agency Radio Communications System (MARCS), and the Location Based Response System (LBRS); as well as a significant number of interconnected public and private data centers, each provides significant opportunity to coordinate activities in support of a state-wide ESInet as well as regional ESINets and directly connected local PSAPs. Through these resources, an extensive network infrastructure is available throughout Ohio to support emergency services. If the state does not want to bear direct responsibility for interconnecting the PSAPs, numerous options to contract for these services exist and could be cost-effective.

The main focus of the existing infrastructure review is to identify a viable candidate for the statewide ESInet. The Ohio Academic Resources Network (OARnet) has been found to be an ideal candidate as a network transport capable of supplying bandwidth, quality of service and overall capabilities required to host an ESInet of this magnitude. OARnet is a 100 Gbps network. OARnet was created in 1987 through legislation by the Ohio General Assembly [ORC section 3333.04(V)]. Its purpose is to provide Ohio researchers with access to high performance computing resources. From the most highly recommended network media, namely fiber optics, to the geographical reach, quality of service and the ability to provide 24x7x365 support, OARnet checks all the NENA boxes for capabilities.

In 2007 the Ohio Broadband Council and Broadband Ohio Network were established [Executive Order 2007 24S] to extend the reach of Ohio's broadband resources, further Ohio's leadership in network innovation and improve technology access for all citizens throughout the state. OARnet operates as the backbone for the Broadband Ohio Network, carrying the NextGen Network traffic for state and local government.

In March 2010, OARnet brought three competing organizations – Com Net, Inc., Horizon Telcom and OneCommunity – together as the Ohio Middle Mile Consortium. The goal: to improve broadband infrastructure in Ohio's rural and underserved areas. The three partners were awarded a total of $141.3 million in federal grants through the American Recovery and Reinvestment Act (ARRA); OARnet is a sub-recipient in all three grants.

The projects complement OARnet's statewide network by increasing the connection points from the current 14 to 68. This expansion reduces the "last mile" costs for broadband services to anchor institutions throughout the state.

Infrastructure Recommendations

The Committee recommends the development of a formal understanding with OARnet to establish services meeting ESInet specifications. Future tasks will focus on statewide ESInet design, requirements, specifications and policy development, taking into consideration the ability of PSAPs either to connect directly to the statewide ESInet or to collaborate with other PSAPs forming regional ESINets, which in turn would connect to the statewide ESInet. Ohio should identify current IP-enabled PSAPs and any initiatives planned or underway to form regional ESINets. ESInet specifications, once developed, may be utilized by all PSAPs regardless of the mode for IP connection.

REVIEW OF STATUTORY PROVISIONS

There is a potential for existing laws, regulations and tariffs to hinder the implementation of and transition to NG9-1-1 since most were adopted when the technological capabilities of NG9-1-1 did not exist and as a result make specific reference to older technologies or system capabilities. Such references may inadvertently inhibit the implementation of the technologies and services required to implement NG9-1-1. The ESInet Steering Committee will evaluate the regulatory impacts of specific technical specifications once they are established since that information was not available at the time of this Report.

The ESInet Steering Committee conducted a review of legislation and regulations to identify provisions that may impede the implementation of NG9-1-1. The results of that review are included in the following sections, based on these results the ESInet Steering Committee recommends that the Ohio General Assembly consider the recommendations in this report for amendments and modifications to the 9-1-1 Regulatory Framework in Ohio.

Statutory Environment

Authority

Ohio 9-1-1 Statutes do not provide for a statewide coordinating entity for an ESINet that has the authority to operate, procure and facilitate the development of a NG9-1-1 system. The new environment requires centralized coordination, because seamless statewide and interstate NG9-1-1 interconnectivity and interoperability simply will not be possible without it.

The Steering Committee recommends that the Ohio 9-1-1 Board be housed within the Department of Administrative Services and be given the statutory authority to coordinate the system with related state entities that have authority for GIS, public safety, radio systems and public safety networks such as OARnet and FirstNet as these systems will require the need to interconnect and interoperate in the NG9-1-1 environment. In addition the Ohio 9-1-1 Board should be given statutory authority to coordinate the interconnection of local and regional ESINets with the state backbone to ensure seamless statewide coverage. In addition to designating a state-level NG9-1-1 coordinator the Steering Committee should establish the roles, responsibilities and authority of that Coordinator for incorporation in the Statute. The coordinator should have adequate professional and technical staff to support the Ohio 9-1-1 Board’s mission.

Chapter 5507 currently provides for two 9-1-1 advisory boards, the ESInet Steering Committee (Chapter 5507.02) and the Ohio 9-1-1 Council (Chapter 5507.65). The ESInet Steering Committee has a specific charge related to the implementation of the ESINet and the planning for NG9-1-1. The scope of duties of the Ohio 9-1-1 Council is specific to the implementation of wireless 9-1-1. As such, the Ohio 9-1-1 Council should be eliminated to avoid duplicative and redundant activities based on the form and needs of the recommended State-level Ohio 9-1-1 Board.

Funding

A comprehensive review of the funding model for the current 9-1-1 system is provided in a separate report. Based on those findings the funding provisions of the statute will need to be entirely reconceived based on the final technical and operational configuration and requirements of the system.

Definitions

Numerous definitions require elimination or change. The overarching principle is to make them technology neutral. Clear definitions for items such as a PSAP are required for the efficient management of the system, the technology and the funding.

Enforcement and penaltiesSection 5507.34 of the ORC is presently limited in the scope of its provisions. It should be amended to include proceedings against any 9-1-1 service provider or 9-1-1 authority for the enforcement of Chapter 5507. It should remove specific references to telephone companies and render the language technology neutral. Additional detail is contained in the report.

Confidentiality

There will be changes in the amount and type of data available to be shared, including video, images, telematics and medical records. Section 5507.32(G) should be expanded to include any type of data associated with any type of 9-1-1 call and a provision should be added for the aggregation and analysis of general call data. Section 5507 should also provide for access restrictions to network stored data and require 9-1-1 authorities to establish policies and procedures that set access rights, controls and processes within the context of the Ohio Public Records Law. Additional detail is contained in the report.

Liability

Using the state’s ESINet for emergency services call delivery will be more complex than it is today and involves many entities and vendors that will deliver individual components of 9-1-1 service at any point in the call process. It is important that all players in Ohio’s NG9‑1‑1 system are assured that their good faith efforts to deliver 9-1-1 service will not expose them to liability. Lack of legal clarity on the issue of liability can lead to significant issues, including delays in provisioning critical NG9-1-1 services, just as it did with wireless E9‑1‑1.

The statutory liability protection provided in Chapter 5507.32 should be amended to cover all NG9-1-1 services and be broad enough to encompass all players involved in provisioning NG9-1-1. Additional detail is contained in the report.

Regulatory Environment

Statewide ESInet

Currently, Ohio’s statutes lack provision for a statewide ESInet to be implemented and to operate. Authority to operate an ESInet at the state level and to coordinate interconnections with county, regional and interstate ESINet implementations is an essential component that must be addressed.

Rulemaking authority for technical and operational standards is currently split between the ESInet Steering Committee and the Ohio 9-1-1 Council. There should be only one such authority with the sole rulemaking authority for 9-1-1, including technical and operational standards for NG9-1-1.

As part of its standards setting authority, the Ohio 9-1-1 Board should establish a consensus based training standard for Ohio 9‑1‑1 operators and have statutory authorization to do that by rule.

The Steering Committee should engage the regulated incumbent local exchange carriers (ILECs) in discussions regarding future plans for the ESInet as soon as possible in order to expedite and simplify interconnection negotiations once a network provider is identified.

The Steering Committee should also ask the selective router providers to amend tariff language as necessary, or otherwise enter into permitted agreements to allow for interconnection so that term language can be addressed up front.

The technical transition to NG9-1-1 will require the legacy network to work parallel to and in concert with new network components during the transition period. Current tariffs may not be broad enough to allow selective routers to route calls to transitional network components such as a Legacy Network Gateway instead of directly routing to a PSAP. Existing tariffs suggest that regulated ILECs will connect to PSAPs; thus, there is potential for regulated ILECs to resist interconnecting with the new network components. Additional important information and concerns about existing tariffs associated with specific companies is contained in the report.

Competitive NG9‑1‑1 Environment

Statutes need to be added or amended to allow for the competitive environment that is necessary for the transition to NG9-1-1. Today, ILECs are typically the 9-1-1 System Service Providers (SSP), but in the NG9-1-1 environment, competitive alternatives to existing services will be available – indeed, are already available – from non ILEC providers. This transition is already underway elsewhere in the nation and has already encountered legal and regulatory roadblocks. Ohio can avoid this pitfall by addressing the matter up front and establishing a competitively neutral and technologically neutral marketplace.

The transition to NG9-1-1 will not occur with the flip of a switch. There will be a transition period, perhaps lengthy, when some Ohio PSAPs will be fully NG9-1-1 capable, others will not be, and some will have a mix of legacy and NG9-1-1 components. Ohio’s regulatory environment should allow 9-1-1 authorities to replace legacy 9-1-1 functions component by component by unbundling all tariffed 9-1-1 services and pricing them reasonably so that 9-1-1 authorities have the freedom to transition component by component. Unbundling 9-1-1 services will prevent 9-1-1 authorities from bearing legacy costs that are no longer needed during the transition. Further information and recommendations regarding specific statutes may be found in the report.

Statutory Provisions Recommendations

The ESInet Steering Committee will work with the appropriate state-level legislative drafting bodies to draft legislative language to remove the potential roadblocks to the operation of a statewide ESINet that are highlighted in this report to develop new legislation that is needed to pave the way for NG9-1-1.

The standing subcommittees of the ESINet Steering Committee, which have served as an excellent forum to engage all interested parties and facilitate thorough discussion and debate of the issues brought up for consideration, will be actively involved in any legislative initiatives proposed by the ESINet Steering Committee to ensure that thoroughly debated and well-reasoned legislation is recommended to the General Assembly. The initial legislative amendments for the implementation of a statewide ESINet will go far to pave the way for NG9-1-1 in Ohio, however, unforeseen roadblocks can be expected based on the specific system specifications and plans that are ultimately adopted. Ohio should continue to review the 9-1-1 regulatory framework for new roadblocks as system specifications are defined and finalized.

APPENDIX A – GLOSSARY

Association of Public Safety Communications Officials (APCO) - APCO is the world‘s oldest and largest not-for-profit professional organization dedicated to the enhancement of public safety communications.

Call - A session established by signaling with two way real-time media and involves a human making a request for help. We sometimes use "voice call", "video call" or "text call" when specific media is of primary importance. The term "non-human-initiated call" refers to a one-time notification or series of data exchanges established by signaling with at most one way media, and typically does not involve a human at the "calling" end. The term "call" can also be used to refer to either a "Voice Call", "Video Call", "Text Call" or "Data–only call", since they are handled the same way through most of NG9-1-1.

Carrier - A function provided by a business entity to a customer base, typically for a fee. Examples of carriers and associated services are; PSTN service by a Local Exchange Carrier, VoIP service by a VoIP

Service Provider, email service provided by an Internet Service Provider.

Circuit-Switched Networks - Circuit-switched is a type of network in which a physical path is obtained for and dedicated to a single connection between two end-points in the network for the duration of the connection. Ordinary voice phone service is circuit-switched.

Consolidated PSAP - A facility where one or more Public Safety Agencies choose to operate as a single 9-1-1 entity.

Customer Premise Equipment (CPE) - Communications or terminal equipment located in the customer‘s facilities – Terminal equipment at a PSAP.

Emergency Services IP Network (ESInet) - An ESInet is a managed IP network that is used for emergency services communications, and which can be shared by all public safety agencies. It provides the IP transport infrastructure upon which independent application platforms and core functional processes can be deployed, including, but not restricted to, those necessary for providing NG9-1-1 services. ESINets may be constructed from a mix of dedicated and shared facilities. ESINets may be interconnected at local, regional, state, federal, national and international levels to form an IP-based inter-network (network of networks).

First Responder Network Authority (FirstNet) - FirstNet was established with the enactment of the Middle Class Tax Relief and Job Creation Act of 2012 (Act) as an independent authority within the National Telecommunications and Information Administration (NTIA) and authorizes FirstNet to take all actions necessary to ensure the building, deployment and operation of a nationwide public safety broadband network based on single, national network architecture. FirstNet is responsible for, at a minimum, ensuring nationwide standards for use and access of the network; issuing open, transparent and competitive requests for proposals to build, operate and maintain the network; leveraging, to the maximum extent economically desirable, existing commercial wireless infrastructure to speed deployment of the network; and managing and overseeing the implementation and execution of contracts or agreements with non-Federal entities to build, operate, and maintain the network.

The Act also assigns specific responsibilities to NTIA, including implementation of the State and Local Implementation Grant Program, which will support the efforts of State, regional, tribal, and local jurisdictions to identify, plan and implement the most efficient and effective way to utilize and integrate the infrastructure, equipment, and other architecture associated with the network.

Geographic Information System (GIS) - A computer software system that enables one to visualize geographic aspects of a body of data. It contains the ability to translate implicit geographic data (such as a street address) into an explicit map location. It has the ability to query and analyze data in order to receive the results in the form of a map. It also can be used to graphically display coordinates on a map i.e., latitude/longitude from a wireless 9-1-1call.

Internet Protocol (IP) - The method by which data is sent from one computer to another on the Internet or other networks.

Legacy 9-1-1 System - Refers to the analog circuit-switched 9-1-1 architecture developed for wireline telephone service that cannot process calls received via NENA i3 defined call interfaces (IP-based calls) and still requires the use of CAMA or ISDN trunk technology for delivery of 9-1-1 emergency calls

Local Exchange Carrier (LEC) - A Telecommunications Carrier (TC) under the state/local Public Utilities Act that provide local exchange telecommunications services. Also known as Incumbent Local Exchange Carriers (ILECs), Alternate Local Exchange Carriers (ALECs), Competitive Local Exchange Carriers (CLECs), Competitive Access Providers (CAPs), Certified Local Exchange Carriers (CLECs), and Local Service Providers (LSPs).

National Emergency Numbering Association (NENA) - A membership-based SDO of public-safety related businesses, PSAPs, and individuals to ―...foster the technological advancement, availability and implementation of a universal emergency telephone number system (9-1-1).‖ While NENA has no governmental mandate, its standards and recommendations are widely adopted by PSAPs and the public safety industry in the United States.

Next Generation 9-1-1 (NG9-1-1) - NG9-1-1 is the next evolutionary step in the development of the 9-1-1 emergency communications. NG9-1-1 is a system comprised of managed IP-based networks and functional elements and databases that augment present-day 9-1-1 features and functions and add new capabilities. NG9-1-1 is designed to provide access to emergency services from all sources, and to provide multimedia data capabilities for PSAPs and other emergency service organizations.

Public Safety Answering Point (PSAP) – With the transition to NG9-1-1 the current definition of PSAP is inadequate to describe the implementations that will be made possible through IP-based technologies.

A physical PSAP is what is commonly thought of as a bricks and mortar facility assigned the responsibility of receiving 9-1-1 calls and, as appropriate, directly dispatching emergency response services or transferring or relaying emergency 9-1-1 calls to other public or private safety agencies or other PSAPs.

A Virtual PSAP (VPSAP) – is a fully functional worksite that is not bound to a specific location but is portable and scalable, connecting employees to the work process in the most advantageous setting, rather than employees having to come to a central office to connect to the work process. This capability lends itself to both physical and virtual consolidations where a group or groups of PSAPs share key technology or services such as CAD or 9-1-1 CPE remotely.

Telecommunicator - Person employed by a PSAP and/or an EMD Service Provider qualified to answer incoming emergency telephone calls and provide for the appropriate emergency response either directly or through communication with the appropriate PSAP.

Universal Access Fee (UAF) – A fee based approach to funding based on the number of subscribers capable of accessing 9-1-1 services including, but not limited to, voice over IP and other services and applications provided through wireline, cable, wireless, and satellite facilities and any other facility that may be provided in the future through platforms that may not be deployable at present which are capable of connecting users dialing or entering the digits 911 to public safety answering points. (See Funding Models below)

Voice over IP (VoIP) - Provides distinct packetized voice information in digital format using the Internet Protocol. The IP address assigned to the user’s telephone number may be static or dynamic.

FUNDING MODELS

While the term "universal access fee" is not utilized in other states, below are some examples of states that have updated their funding statutes to collect a standard fee on all devices and then remit to a state authority.

Alabama Definition:

Alabama made significant changes to their funding statute in 2012. Alabama reworked its funding structure, which had previously been a combination of landline fees collected locally and wireless fees collected at the state level, to a statewide 9-1-1 charge that is assessed on all voice communications and remitted to the state.

The new statute reads:

"A single, monthly statewide 9-1-1 charge shall be imposed on each active voice communications service connection in Alabama that is technically capable of accessing a 9-1-1 system. For CMRS providers, the statewide 9-1-1 charge shall be levied on each CMRS connection with a primary place of use in the State of Alabama. The statewide 9-1-1 charge is payable by the subscriber to the voice communications service provider.

Voice Communications Service - Any of the following:

"a. The transmission, conveyance, or routing of real-time, two-way voice communications to a point or between or among points by or through any electronic, radio, satellite, cable, optical, microwave, wireline, wireless, or other medium or method, regardless of the protocol used.

"b. The ability to receive and terminate voice calls to and from the public switched telephone network.

"c. Interconnected VoIP service, as that term is defined by 47 C.F.R. § 9.3.

"d. Such other services to which the statewide 9-1-1 charge is applied pursuant to Section 11-98-4.1(e)(8)."

North Carolina Definition:

North Carolina updated the statute to include all "voice communication services…capable of accessing the 9-1-1 system. The statute defines "voice communication services" as:

Any of the following:

a. The transmission, conveyance, or routing of real-time, two-way voice communications to a point or between or among points by or through any electronic, radio, satellite, cable, optical, microwave, wireline, wireless, or other medium or method, regardless of the protocol used.

b. The ability to receive and terminate voice calls to and from the public switched telephone network.

c. Interconnected VoIP service.

Indiana Definition:

Indiana updated the statute in 2012 to include the term "Communications service" which allows for future methods of accessing 9-1-1 in addition to voice communications. Per the statute "communications service" is defined below.

     Sec. 7. (a) As used in this chapter, "communications service" means any service that:

        (1) uses telephone numbers or IP addresses or their functional equivalents or successors;

        (2) allows access to, or a connection or interface with, a 9-1-1 system through the activation or enabling of a device, transmission medium, or technology that is used by a customer to dial, initialize, or otherwise activate the 9-1-1 system, regardless of the particular device, transmission medium, or technology employed;

        (3) provides or enables real time or interactive communications, other than machine to machine communications; and

        (4) is available to a prepaid user or a standard user.

    (b) The term includes the following:

        (1) Internet protocol enabled services and applications that are provided through wireline, cable, wireless, or satellite facilities, or any other facility or platform that is capable of connecting a 9-1-1 communication to a PSAP.

        (2) A multiline telephone system.

        (3) CMRS.

        (4) Interconnected VOIP service and voice over power lines.

        (5) Integrated telecommunications service (as defined in 47 CFR 400.2).

Kansas Definition:

Kansas also updated the funding statute in 2012 to include a "uniform fee" that includes any service capable of contacting 9-1-1. Per the Kansas statute passed in 2012, the term "uniform fee" is defined below:

There is hereby imposed a 9-1-1 fee in the amount of $.53 per month per subscriber account of any exchange telecommunications service, wireless telecommunications service, VoIP service, or other service capable of contacting a PSAP.

Additional information:

In 2007 the National Emergency Number Next Generation Partner Program (NENA NGPP) created a document on possible funding solutions for 9-1-1. The document titled "Funding 9-1-1 Into the Next Generation: An Overview of NG9-1-1 Funding Model Options for Consideration" might provide additional background information for the steering committee to consider while deciding what type of funding model would be best suited for Ohio. One of them – surcharge on access infrastructure provider – remains purely theoretical, because no state has attempted to implement it.

APPENDIX B - [Insert County 9-1-1 Survey Here?]

APPENDIX C [Insert PSAP survey here?]

197 of 204 PSAPs reported they are Primary PSAPs

187 of 203 PSAPs report they are Phase II compliant

151 of 196 PSAPs reported having Broadband connectivity

111 of 197 PSAPs report having CPE that is IP capable.

76 of 203 PSAPs plan to purchase new Computer Premise Equipment within the next 12 months

70 of 203 PSAPs plan to purchase new 9-1-1 software within the next 12 months

39 of 201 PSAPs reported they are planning consolidating or merging PSAP activities

APPENDIX D [Insert Technical Evaluation Here?]

APPENDIX E [Insert Kimball Report Here?]

APPENDIX F [Insert FCC Report Here]