Eight States Diverted Portions of 911 Funds in 2014, FCC Report Says

Eight states in 2014 diverted a portion of funds collected for 911 and enhanced 911 (E911) purposes to non-911 activities, according to the FCC’s seventh report to Congress on the issue. In all, $223.4 million in 911 and E911 funds were diverted in 2014 “by all reporting jurisdictions,” or 8.8% of the total collected, according to the report. The FCC today sought comment on the report, which covers the 2014 calendar year. Comments are due Feb. 8 and replies March 9 in PS docket 09-14.

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.

Twenty-eight states and the District of Columbia said they spent collected funds on next-generation 911 (NG-911) programs. The total spent on NG-911 programs was $227.6 million, or about 9% of the total collected. “This indicates a higher level of expenditure on NG911 programs in 2014 than in 2013, but only nine states reported NG911 expenditures in excess of $5 million,” according to the report.

“While almost every state collects 911 fees from in-state subscribers, 23 states reported that they lack authority to audit service providers to verify that the collected fees accurately reflect the number of in-state subscribers served by the provider,” the report said. “Of the states that have audit authority, only three states conducted audits in 2014.”

The report also said that 38 states said “that they spent no 911 funds in 2014 on 911–related cybersecurity programs for PSAPs,” while “[f]ive states and the Navajo Nation stated that they had made cybersecurity-related expenditures.” In addition, 14 states said they collected 911/E911 fees at the state level, nine said they collected them at the local level, and 24 collected them at both levels.

This year’s report “contains more detailed state-by-state information than prior annual reports on the number and type of 911 calls, the number of Public Safety Answering Points (PSAPs) and telecommunicators, expenditure of funds for Next Generation 911 (NG911) services, deployment of Emergency Services IP Networks (ESInets) and text-to-911 service, establishment of programs to support PSAP cybersecurity, and the extent of state-level oversight and auditing of collection and use of 911 fees,” the FCC said in a public notice. “Forty-eight states, the District of Columbia, American Samoa, the Navajo Nation, and three Bureau of Indian Affairs (BIA) offices responded to this year’s expanded data request.

The FCC said it wants input on the conclusion that eight states diverted 911 and E911 funds in 2014. “We seek comment on the sufficiency and accuracy of the reported information, including additional information concerning the specific impact, if any, that such diversion has had on the provision of 911 service in those states,” it said. “We also seek comment on whether there have been any other instances of fee diversion by states or local jurisdictions not identified in the Report, including counties or other jurisdictions in states that have local or hybrid fee collection programs.”

The FCC also said it wants views “on whether expenditure of 911 fees on NG911-related programs as documented in the Report is effectively contributing to implementation of NG911 services and infrastructure. Similarly, in states or counties that have deployed text-to-911 service, to what extent have collected 911 fees been used to support the deployment of that service? We also seek comment on whether 911 fees are being effectively used by state, local, and tribal jurisdictions to implement cybersecurity best practices within PSAPs as well as adherence to the National Institute of Standards and Technology Cybersecurity Framework.

“We seek comment on the role of oversight and auditing in ensuring that collected 911 fees are used according to state and local requirements,” the public notice added. “The Report finds that while almost every reporting jurisdiction collects 911 fees from in-state subscribers, many states lack authority to audit service providers to verify that the collected fees accurately reflect the number of in-state subscribers served by the provider. We seek comment on whether additional efforts are needed to ensure that state and local entities have the authority to monitor and audit 911 fee collections.” – Paul Kirby, paul.kirby@wolterskluwer.com

Courtesy TRDaily