The proposed rule provides a process and procedures for application to and approval of new users to the Statewide Law Enforcement Radio System.

DEPARTMENT OF MANAGEMENT SERVICES
Communications and Information Technology Services

RULE NO: RULE TITLE
60FF-4.001: Purpose; Definitions
60FF-4.002: SLERS Partner Classifications
60FF-4.003: Application and Approval Process
60FF-4.004: Frequencies and Licenses
60FF-4.005: Talk Groups
60FF-4.006: Security, Encryption Requirements, Radio Programming, and System Key Management
60FF-4.007: Service and Maintenance Priorities
PURPOSE AND EFFECT: The proposed rule provides a process and procedures for application to and approval of new users to the Statewide Law Enforcement Radio System.
SUMMARY: The proposed rule defines categories of users, the application and approval process, frequency and talk groups use, security requirements and service and maintenance priorities.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 282.106(9) FS.
LAW IMPLEMENTED: 282.1095 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 29, 2008, 1:00 p.m.
PLACE: Department of Management Services, 4030 Esplanade Way, Room 301, Tallahassee, Florida 32399-0950
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 2 days before the workshop/meeting by contacting: Marta McPherson at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Linda Fuchs, Department of Management Services/CITS, 4030 Esplanade Way, Tallahassee, Florida 32399-0950, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

FLORIDA STATEWIDE LAW ENFORCEMENT RADIO SYSTEM

60FF-4.001 Purpose; Definitions.

(1) The purpose of this rule chapter is to establish procedures to allow public safety entities, as defined herein, to use the Statewide Law Enforcement Radio System (SLERS). Such use benefits State Law Enforcement and SLERS Partners and facilitates the efficient use of radio spectrum.

(2) The following terms are defined:

(a) Contractor – Entity under contract with the Department of Management Services (the Department) to provide the Statewide Law Enforcement Radio System.

(b) Encryption – Cryptographic transformation of data (“plaintext”) into a form (“cipher-text”) that conceals the data’s original meaning to prevent it from being known or used by unauthorized persons.

(c) First Responder – State, local and Federal law enforcement, fire service and emergency medical agencies.

(d) Interoperability – A communication link within public safety and public service wireless communications systems which permits users from different entities to interact with one another and to exchange information in order to more effectively carry out their assigned missions.

(e) Interoperability Talk Groups – Talk groups established in the radio system for interagency communications within the Statewide Law Enforcement Radio System.

(f) Joint Task Force on State Agency Law Enforcement Communications – The board established in Section. 282.1095, Florida Statutes, to advise the Department on the planning, designing, and establishment of SLERS.

(g) Joint Task Force (JTF) Agency – State law enforcement entities (including ex-officio members) which are members of the Joint Task Force pursuant to Joint Task Force Board approval of applicants’ implementation plans and applicants’ acceptance of Board policies and standard operating procedures.

(h) MHz – Megahertz, or millions of cycles per second (a measure of radio frequency or channel).

(i) Security Manager – The individual appointed by the Joint Task Force on State Agency Law Enforcement Communications to be responsible for the security of the Statewide Law Enforcement Radio System, as well as any Alternate Security Manager or Deputy Security Manager appointed by the Joint Task Force on State Agency Law Enforcement Communications.

(j) Special Conditions – Any terms and conditions in the SLERS Partner Application and Agreement (Form No.DMS-SLERS-1, incorporated by reference in subsection 60FF-4.003(1), F.A.C.) for access to the Statewide Law Enforcement Radio System or written approval of application included to mitigate the impact of the SLERS Partner’s usage on other SLERS users.

(k) State Law Enforcement – Law enforcement agencies of state agencies and state universities.

(l) System Key – An electronic code applied to every radio in the radio system which prevents unauthorized radios from accessing the system.

(m) System Manager – The individual charged by the Department of Management Services with responsibility to manage the contract for the Statewide Law Enforcement Radio System and services.

(n) Talk Group – A logical grouping of radio users as defined in the radio system programming that can communicate together; a radio net.

(3) Other terms shall have their commonly understood meaning.

Specific Authority 282.106(16) FS. Law Implemented 282.1095 FS. History–New________.

 

60FF-4.002 SLERS Partner Classifications.

(1) SLERS Partner– Public safety entities, other than Joint Task Force entities, which are eligible under Part 90 of the Federal Communication Commission’s rules to use spectrum allocated for public safety use, to which Contractor provides communications services on SLERS.

(2) SLERS Partners shall be classified as follows:

(a) Local First Responders – Agencies of local government providing law enforcement, fire, and emergency medical services.

(b) Other Public Safety User – Agencies of local government other than First Responders.

(c) Interoperability Users – Government agencies requiring communications with Federal, state, or local government First Responders using the State interoperability talk groups. Interoperability Users use another radio system for their primary radio system; SLERS is a secondary system for these agencies.

(d) State Government Users – Non-JTF User agencies of state government.

(e) Federal Government User – Federal government entities which are authorized by the Department of Management Services pursuant to 47 C.F.R. § 90.179 and the provisions of this rule chapter.

(f) Affiliate User – Personnel that are task-assigned or liaison to a JTF Agency in direct support of the JTF Agency’s mission but are not a member of the JTF Agency shall be classified as JTF Agency under this rule chapter, provided that all communication on the system is in direct coordination with the JTF Agency User. Separate internal talk groups set up strictly for the use of a non-JTF Agency shall constitute eligible SLERS Partner use under this rule chapter. Such groups shall be subject to the same eligibility requirements and membership conditions as any SLERS Partner.

Specific Authority 282.106(16) FS. Law Implemented 282.1095 FS. History–New________.

 

60FF-4.003 Application and Approval Process.

(1) Agencies wishing to use the Statewide Law Enforcement Radio System shall complete the SLERS Partner Application and Agreement for access to the Statewide Law Enforcement Radio System (Form No.DMS-SLERS-1), which is hereby incorporated by reference and available online at www.myflorida.com or by writing to: Statewide Law Enforcement Radio System, SLERS System Manager, Department of Management Services, 4030 Esplanade Way, Suite 180, Tallahassee, Florida 32399-0950.

(2) Upon receipt of the application, the Department of Management Services will within seven (7) days notify the Contractor that the application has been received. The Contractor will then submit a proposal to the applicant and, upon Contractor and the applicant reaching agreement, submit the proposed agreement to the Department.

(3) The proposed agreement shall contain the terms and conditions; term of subscription; number of radios and users, by phase if a phased implementation; radio coverage requirements; site usage; necessary frequencies and licensing; an overview of equipment including use of encrypted radios; talk group structure including the number of talk groups and use of interoperability talk groups, by phases of implementation if applicable; overview of network operation, maintenance and reporting; and an analysis of traffic load impact to the system. The proposed agreement must include a proposed Statement of Responsibilities which defines roles and responsibilities of the Contractor, the SLERS Partner and the Department. The proposed agreement shall include a projection of the applicant’s growth and impact on the system in terms of additional radio users expected through the year 2020.

(4) After receipt of the proposed agreement, the Department will review it for compliance with Chapter 60FF-4, F.A.C., and for completeness of the information in subsection 60FF-4.003(3), F.A.C. The Department shall review the proposed agreement to confirm that:

(a) The applicant meets the definition of a SLERS Partner in subsection 60FF-4.002(1), F.A.C.;

(b) The proposed use of the system by the applicant use in no way diminishes the State’s use of SLERS, other SLERS Partners’ use of SLERS and that the proposed use will not cause the hourly average waiting time per call to exceed 0.5 seconds at any site; and

(c) The proposed use of the system by the applicant will not cause degradation to security or existing operations; and,

(d) It does not conflict with the applicant’s or the State’s right to control its FCC licenses,

(5) The Department shall review the proposed agreement within sixty (60) days and provide the Contractor and applicant with recommendations, if any, regarding the proposed agreement and requested changes or additions.

(6) If in response to a proposal the Department requests an applicant to provide radio frequencies for the system, the applicant shall submit with the final proposal a letter to the System Manager listing the frequencies and authorizing their use.

(7) Upon satisfactory review of the proposed or amended agreement, the Department shall present the applicant to the Technical and Standard Operations Procedures Committees of the Joint Task Force on State Agency Law Enforcement Communications, and present the proposed agreement to the Joint Task Force on State Agency Law Enforcement Radio Communications for its comments. If the Department makes recommendations regarding the proposed agreement, the Contractor shall prepare a final proposed agreement and re-submit the proposed agreement to the Department or the Department may specify special conditions as part of its acceptance.

(8) Upon satisfactory completion of the procedures set forth in subsections 60FF-4.003(1)-(7), F.A.C., the Department shall authorize, in writing, SLERS Partner use of the system by the applicant. Such written approval may include special conditions for applicant’s use of SLERS.

Specific Authority 282.106(16) FS. Law Implemented 282.1095 FS. History–New________.

 

60FF-4.004 Frequencies and Licenses.

(1) SLERS Partners wishing to join the Statewide Law Enforcement Radio System shall contribute FCC-licensed or Florida 800 MHz FCC Region 9 Public Safety Plan Frequencies for use by the Statewide Law Enforcement Radio System during their term of membership. In order to ensure that the Department can be properly licensed by the FCC to incorporate such frequencies into the Statewide Law Enforcement Radio System, such SLERS Partners shall provide the Department with all relevant correspondence or consents demonstrating their agreement to relinquish them to the Department for the period of Statewide Law Enforcement Radio System use. SLERS Partners shall provide at least six (6) months minimum notice of their intent to leave the system before the contributed frequencies will be returned to the user. The Department is authorized, pursuant to Section 282.102(11), F.S., to apply for and obtain the licenses for the use of all such frequencies contributed to the system.

(2) In the case of Federal users and State Government Users wishing to join the Statewide Law Enforcement Radio System but having no frequencies, the Department may require the subscriber to utilize dual band 700/800 MHz radios to supplement the Statewide Law Enforcement Radio System by accessing available frequency bands or to specify other Special Conditions for the subscriber in order to avoid system usage that would cause the average waiting time per call to exceed 0.5 seconds at a site on the Statewide Law Enforcement Radio System.

(3) Interoperability Users will be exempted from the requirement to provide frequencies if the Department determines through an engineering evaluation that the subscriber will have a negligible negative impact on the Statewide Law Enforcement Radio System.

Specific Authority 282.106(16) FS. Law Implemented 282.1095 FS. History–New________.

 

60FF-4.005 Talk Groups.

(1) The Department and SLERS Partner applicants shall work with the Contractor to devise a talk group structure that makes efficient use of available channels and meets operational needs of JTF agencies and SLERS Partners.

(2) The talk group structure and number of talk groups for each SLERS Partner shall be based on the number of available channels in its primary area of operations. The number of available channels used in planning shall include both the number of channels currently installed and channels that SLERS Partners are contributing.

(3) All First Responders shall have the interoperability talk groups in their radios unless there is an overriding operational or security reason for not including them.

(4) Interoperability Users will be limited to the interoperability talk groups.

Specific Authority 282.106(16) FS. Law Implemented 282.1095 FS. History–New_________.

 

60FF-4.006 Security, Encryption Requirements, Radio Programming, and System Key Management.

(1) Personnel background checks are required for non-Law Enforcement users who have access to the Interoperability Talk Groups used by State Law Enforcement unless previously conducted by their agencies.

(2) Encryption is required for access to the Interoperability Talk Groups used by State Law Enforcement but is otherwise at the option of the SLERS Partner.

(3) The Department and its contractors shall be responsible for all radio programming for SLERS Partners on the Statewide Law Enforcement Radio System. Distribution of the Encryption System Key (ESK) card shall be at the approval of the SLERS Security Manager.

(4) The Department and its contractors shall be responsible for installing the encryption for Interoperability Talk Groups for SLERS Partners on the Statewide Law Enforcement Radio System. The encryption key shall not be released by State Law Enforcement agencies, the Department and its contractors.

Specific Authority 282.106(16) FS. Law Implemented 282.1095 FS. History–New_________.

 

60FF-4.007 Service and Maintenance Priorities.

(1) If traffic loading at a site causes queuing of calls such that the busy hour average waiting time per call exceeds 0.5 seconds, the Department, in consultation with the Contractor and system users, is authorized to take measures to restrict system use. Such measures shall include: disabling of individual calling and telephone interconnect calling; patching of talk groups; disabling of talk groups; disallowing the addition of radios to the system; limiting usage to essential traffic only; or partitioning of channels.

(2) Local First Responders will be granted call priorities equivalent to those granted to State Law Enforcement Users. All other SLERS Partners shall have lower call priorities.

(3) In no case shall any SLERS Partner be granted a higher priority for traffic or provided a faster response for maintenance than required for JTF Agency Users of the Statewide Law Enforcement Radio System.

Specific Authority 282.106(16) FS. Law Implemented 282.1095 FS. History–New__________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Charles Ghini
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Terry L. Kester
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 18, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 26, 2007