Several parties have submitted comments in response to a report released by the FCC last month that said eight states in 2014 diverted a portion of funds to non-911 activities (TRDaily, Jan. 8). For example, a public safety group warned of the widespread impact of such diversions. The report said that of the eight states that diverted 911 and E911 fees for other purposes in 2014, five said they used a portion of the funds for other public safety or emergency response programs. Those states were California, New Hampshire, New Jersey, Virginia, and West Virginia. Illinois, New York, and Rhode Island said they diverted funds for non-public safety or unspecified purposes.

 In comments filed in PS docket 09-14, the Association of Public-Safety Communications Officials-International stressed that 911 fee diversion impacts “are not limited to the diverting state. Significant federal grant funding is needed to support the nationwide transition to NG9-1-1. Not only can fee diversion render a state ineligible for federal grants, it also undermines the case for funding made by non-diverting states. Convincing Congress to provide additional funding will be a greater challenge while state funds are not being used for the purpose for which they were collected.”

 APCO also urged the FCC “to take a proactive role in properly defining NG9-1-1 as end-to-end (from the caller to the telecommunicator) IP connectivity enabling current voice communications, future multimedia, and other data capabilities to flow from the 9-1-1 caller to the PSAP and be properly reported, archived, and further transmitted between the PSAP and first responders. The definition must be both clear and comprehensive to ensure adequate funding and planning. In addition to clarifying the definition of NG9-1-1, the Commission should request further information about what standards, if any, states and their vendors are employing for NG9-1-1 components.”

 In addition, “the Commission should provide guidance about what constitutes a ‘cybersecurity program’ and seek more focused information about the types of cybersecurity programs states and PSAPs are participating in and implementing,” APCO said. “Understanding the cybersecurity efforts underway may assist with the development of cybersecurity plans to achieve economies of scale, real time capabilities, and operational efficiencies.” The Commission also should seek more text-to-911 information from PSAPs, the group said.

 “To the extent practical, the Commission should seek additional information to better understand how states should amend any laws or regulations that act as impediments to the deployment of NG9-1-1,” APCO added. “At a minimum, states must enact laws that protect 9-1-1 fees, expand permissible expenditures for NG9-1-1, and ensure sustainable and sufficient funding going forward.”

 The commonwealth of Virginia said that it “has long prided itself as a national leader in providing 9-1-1 services, and we were greatly distressed to see the Report listed Virginia as one of the states diverting 9-1-1 fees.

 “The fee distribution practices Virginia reported to the FCC in this year’s submission are not new and have been reported in each of the six prior years’ submission,” the state added. “These practices were not deemed diversions in the past, but now appear to be considered diversions. The subject report gives no explanation for the change and we respectfully request an explanation and reconsideration of this classification.”

 The filing added, “Under the sections of the Code of Virginia that concern 9-1-1 funding, Virginia collects a $0.75 monthly surcharge from all wireless subscribers to fund 9-1-1 services within the Commonwealth. The revenue collected is distributed to cover several 9-1-1 needs. The largest portion (60 percent) of the funding is distributed monthly to the local 9-1-1 centers to support operational expenses. An additional 10 percent of the fund is set aside to provide grants to localities to assist with equipment and services purchases and upgrades. The remaining funding (30 percent) is held to provide cost recovery to commercial mobile radio system (CMRS) providers for the costs of providing Phase I and Phase 2 data in Virginia.”

 The Washington State APCO & NENA Chapter said its state diverted 911 fees for other purposes but failed to report that to the FCC.

 “According to a report given to the Washington State House of Representatives Public Safety Committee on November 20, 2015 by the State E911 Advisory Committee, 911 funds were diverted or transferred for purposes other than 911 during the reporting period,” according to the filing.

 For example, between fiscal years 2013 and 2015, more than $10.8 million went to the Washington Military Department operating budget, nearly $3.9 million went to the Washington State Patrol for a “Mobile Office Platform, and $2 million went to the Department of Corrections for an update of its radio infrastructure, said the filing, referring to a presentation to the Washington legislative committee.

 “The Chapter’s concerns are two-fold; first, the 911 funds are clearly being used for purposes other than 911; and, second, the State’s reporting does not follow the requested information,” the chapter added.

 In another filing, Robert Oenning, former E911 program administrator for Washington state, also cited the diversion of funds in Washington state and the fact that it is not reflected in the FCC’s report. “This is undoubtedly due to Washington State not noting in their submission to the Commission what would appear to be a diversion of 911 funds based on the purpose as approved by the voters of the state,” he said. – Paul Kirby, paul.kirby@wolterskluwer.com

Courtesy TRDaily