Section 106-H:16 - Emergency Notification SystemI. For the purpose of alerting members of the public about emergencies in a particular area and delivering rapid emergency notification and information, the bureau shall develop and maintain a statewide emergency notification system (ENS). The bureau shall work with technical members from the wireline, wireless, VoIP, and cable industries to design the ENS for the delivery of emergency messages for emergency state and local government purposes in a manner compatible with existing communications systems and networks.II. The ENS shall use the fixed-location data in the bureau's E-911 telephone database as well as E-911 data collected from wireline and VoIP providers who utilize dynamic location information databases compliant with the National Emergency Numbering Association's (NENA) i2 protocol or successor protocols. All wireline telephone numbers in the E-911 telephone database shall automatically be included in the ENS, as well as telephone numbers collected semi-annually from wireline and VoIP providers utilizing dynamic location databases compliant with the NENA i2 or successor protocol. In addition, the bureau shall provide the ability for the public to register with the bureau a variety of devices and communication methods at fixed locations where they have personal interests, such as their homes, businesses, and other family residences. This data shall remain confidential and shall be used solely by the ENS for the purpose of emergency notification and message delivery. Members of the public may opt-out of the emergency notification and message delivery system pursuant to the provisions of paragraph IV.III. The bureau shall, to the greatest extent possible, ensure that the ENS is fully geographic information system (GIS) capable and able to define an emergency zone by address or geographic area. Wireline phone, VoIP, and opt-in devices shall be linked to a GIS mapping database, capable of performing a query based on an address or a general geographic area.IV. Unless otherwise contrary to law, the ENS shall include means by which persons may opt-out of the system and also make the capabilities of the system accessible to the extent that current or future technology allows for communications devices not otherwise included in the system, such as nomadic voice over Internet Protocol phones, internet protocol enabled services, and commercial mobile radio services.V. To accommodate the use of the ENS during an emergency, the ENS shall be capable of providing a pre-recorded message and delivering that message to a large number of telephones and communications devices in a manner designed so as not to overwhelm or collapse the system. VI. The bureau shall ensure that every state, county, and local emergency response agency has access to and training in the use of the ENS.VII. The bureau shall establish policies, standards, and procedures for the ENS, with the assistance, review, and approval of the enhanced 911 commission and the commissioner of safety. The bureau shall conduct regular assessments and internal tests of the ENS to ensure that it is functioning properly in compliance with the requirements of this section and that it meets all federal and state requirements for incident management. To the extent that a question arises regarding whether a particular notification meets the definition of an emergency, the commissioner of safety or his or her designee shall be the final arbitrator.VIII. The bureau, with the approval of the enhanced 911 commission and the commissioner of safety, may develop and modify the ENS to be compatible with the Federal Communications Commission (FCC) guidelines or requirements for broadcast messaging.IX. The bureau may participate in and shall use the Wireless Emergency Alerts (WEA) component of the Federal Emergency Management Agency's Integrated Public Alert and Warning System (IPAWS) or succeeding federal alerting systems as the vehicle to communicate with commercial mobile radio service customers. Nothing in this section shall be deemed to alter or supersede any aspect of WEA operation pursuant to existing FCC rules.Amended by 2014, 285:1, eff. 9/26/2014. 2010, 271:1, eff. Aug. 6, 2010. 2014, 285:1, eff. Sept. 26, 2014.