The FCC played no part in the formation earlier this year of a 911 coalition, FCC Chairman Tom Wheeler told Senate Commerce, Science, and Transportation Committee Chairman John Thune (R., S.D.) in an April 4 letter.

In February, the National Emergency Number Association, the National Association of State 911 Administrators, and the Industry Council for Emergency Response Technologies (iCERT) announced the formation of the NG911 NOW Coalition to push for nationwide next-generation 911 (NG-911) deployment by the end of 2020 (TRDaily, Feb. 23).

In a March 18 letter to Mr. Wheeler, Sen. Thune noted that the Chairman in January stressed the importance of NG-911 deployment (TRDaily, Jan. 29), and that he welcomed the formation of the coalition the day it was announced and during a March 2 hearing (TRDaily, March 2).

“While the goal of speeding deployment of NG911 is laudable, and one that I share, the timing of the NG911 NOW Coalition’s announcement, so soon after you called NG911 your ‘number-one item’ to discuss before Congress, and your subsequent efforts to create publicity for the group through a press release and congressional testimony, create the appearance that the Office of the Chairman may have been involved in, or advocated for, the coalition’s creation,” Mr. Thune suggested. “If so, such action could be contrary to the letter or spirit of the Anti-Lobbying Act or the fiscal year (FY) 2016 Consolidated Appropriations Act, which prohibits the use of FY2016 funds for publicity or propaganda purposes.”

He asked whether Mr. Wheeler or any FCC staffers “played a role in the creation of the NG911 NOW Coalition?”

“My public advocacy for updating our dangerously out-of-date 911 response system does not violate either the letter or the spirit of the Anti-Lobbying Act or the ‘general rider’ appropriations language you cite in the letter,” Mr. Wheeler said in his letter responding to Mr. Thune. “To the contrary, I believe the agency’s statutory obligations in the area of public safety compel me to speak out about how our public safety answering points (PSAPs) are failing to upgrade their technologies, leaving our emergency responders less prepared to deal with emergencies. In my remaining months as FCC Chairman, I will continue to publicly advocate for the resources and planning necessary to speed up the Next Generation 911 (NG911) transition.”

The Chairman continued, “The NG911 NOW Coalition shares this same policy goal, but is the creation of its member organizations and operates entirely independently of the Commission. Neither I nor other FCC staff played any role in creating this group. A few FCC staff members became generally aware in late 2015 that public safety and industry groups were discussing the formation of this group. FCC staff learned of these discussions while attending a series of meetings convened by the National 911 Office (which is housed within the National Highway Traffic Safety Administration at the Department of Transportation) that brought together experts from public safety, industry, and academia to discuss issues associated with NG911. At these meetings, FCC staff limited their participation to matters of public record and did not share non-public information.

“During the course of the meetings, some of the organizations began to discuss the formation of a coalition to raise public awareness of NG911 and advocate for completing the NG911 transition by the end of 2020,” Mr. Wheeler added. “FCC staff in attendance did not contribute to these discussions and made clear that the Commission, as a regulatory agency, could not participate in the development or be a member of the coalition. FCC staff also did not participate in any planning of outreach or advocacy by the coalition, and has had no involvement with the coalition’s outreach or advocacy since it was created.”In his letter, Mr. Wheeler also responded to questions from Sen. Thune about the disclosure of non-public information by the FCC. “Under the Commission’s rules, FCC employees may not release nonpublic information without proper authorization. That authorization, however, does not always have to be in writing or from the Chairman personally,” Mr. Wheeler said. “The rule referenced in your letter and by Commissioner [Mike] O’Rielly (47 CFR 19.735-203) states that nonpublic information may not be disclosed ‘[e]xcept as authorized in writing by the Chairman pursuant to paragraph (b) of this section, or otherwise as authorized by the Commission or its rules.’ Written authorization from the Chairman is required only for paragraph (b) situations, which are those in which an employee is ‘engaged in outside [non-Commission] teaching, lecturing, or writing’ and wishes to use nonpublic information for that purpose. Disclosures in all other contexts may be made if ‘authorized by the Commission or its rules.’ There is no requirement that such authorizations be in writing.”

Mr. Wheeler also said that since Oct. 29, 2013, the FCC has held at least 22 calls with the news media to brief reporters on FCC proposals and actions. “Once information is authorized for release, it is no longer considered non-public information,” he said. “As I explained above, written authorization to conduct press calls is not required as a matter of either Commission rule or Commission practice.” – Paul Kirby, paul.kirby@wolterskluwer.com

Courtesy TRDaily