09 NCAC 06C .0106         PSAP FAILURE TO COMPLY WITH RULES

(a)  If the Board determines that a Primary PSAP does not appear to have complied with G.S. 62A, these Rules, or the requirements of FCC Order, a certified, return receipt letter shall be mailed to the PSAP representative known to the Board.  The letter shall request justification or an explanation from the Primary PSAP for the apparent non-compliance.  The Primary PSAP shall have 15 calendar days to respond to the letter.

(b)  Board staff shall send a report to the Board.  The Board shall review the staff's report.  If it appears to the Board that the PSAP has failed to comply with applicable law, these Rules, or the FCC Order, the Board shall notify the PSAP to that effect and to the consequences arising from such failure, and shall provide an opportunity for the PSAP to appear before the Board.

(c)  If after notice and hearing, the Board determines that the Primary PSAP is not at fault, the Board shall investigate to determine the cause of failure and take action to achieve a reasonable solution.  A "reasonable solution" shall be defined as one that complies with applicable law, these Rules, or the FCC Order within 30 days or upon such other conditions as the Board may find reasonable.

History Note:        Authority G.S .62A-46; 62A-48;

Eff. July 1, 2016.