Effective 28 Aug 2018

190.400. Definitions — interoperability service agreements, what agencies. — 1. As used in sections 190.400 to 190.460, the following words and terms shall mean:

(1) "Active telephone number", a ten-digit North American Numbering Plan number that has been assigned to a subscriber and is provisioned to generally reach, by dialing, the public switched telephone network and not only 911 or the 911 system;

(2) "Communications service":

(a) Any service that:

a. Uses telephone numbers or their functional equivalents or successors;

b. Provides access to, and a connection or interface with, a 911 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 911 system, regardless of the particular device, transmission medium, or technology employed;

c. Provides and enables real-time or interactive communications other than machine-to-machine communications; and

d. Is available to a prepaid user or a standard user;

(b) The term includes, but is not limited to, the following:

a. 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 and enabling a 911 communication to a public safety answering point;

b. Commercial mobile radio service; and

c. Interconnected voice over internet protocol service and voice over power lines;

(c) The term does not include broadband internet access service; and

(d) For purposes of this section, if a device that is capable of contacting 911 is permanently installed in a vehicle, it shall not be subject to this section unless the owner of such vehicle purchases or otherwise subscribes to a commercial mobile service as defined under 47 U.S.C. Section 332(d) of the Telecommunications Act of 1996;

(3) "Provider" or "communications service provider", a person who provides retail communications services to the public that include 911 communications service including, but not limited to, a local exchange carrier, a wireless provider, and a voice over internet protocol provider, but only if such entity provides access to, and connection and interface with, a 911 communications service or its successor service;

(4) "Public safety agency", a functional division of a public agency which provides fire fighting, police, medical or other emergency services. For the purpose of providing wireless service to users of 911 emergency services, as expressly provided in this section, the department of public safety and state highway patrol shall be considered a public safety agency;

(5) "Public safety answering point", the location at which 911 calls are answered;

(6) "Subscriber", a person who contracts with and is billed by a provider for a retail communications service. In the case of wireless service and for purposes of section 190.455, the term "subscriber" means a person who contracts with a provider if the person's primary place of use is within the county or city imposing a monthly fee under section 190.455, and does not include subscribers to prepaid wireless service;

(7) "Wireless service provider", a provider of commercial mobile service pursuant to Section 332(d) of the Federal Telecommunications Act of 1996 (47 U.S.C. Section 151 et seq.).

2. Upon the request of local emergency service agencies or local jurisdictions, the following agencies and entities are authorized to enter into interoperability service agreements for shared frequencies or shared talk groups for the purpose of enhancing interoperability of radio systems or talk groups:

(1) Missouri department of public safety;

(2) Missouri state highway patrol;

(3) Missouri department of natural resources;

(4) State emergency management agency;

(5) Missouri department of conservation; and

(6) State owned and operated radio and emergency communications systems.

­­--------

(L. 1998 S.B. 743, A.L. 2018 H.B. 1456)