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Seeking to Clarify 911 Fee Diversion, O'Rielly Tries to Avoid Guam Politics

FCC Commissioner Mike O’Rielly sought to clarify Guam’s diverting of state 911 fee revenue for unrelated purposes, in a Friday letter to Mikel Schwab, DOJ civil chief for Guam and the Northern Mariana Islands. O’Rielly asked Guam twice for information…

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after the territory didn’t respond to FCC staff for the agency’s latest report on 911 fee diversion (see 1806200052), then last month faced a flurry of conflicting takes from Guam representatives about scope, legality and impact of fee shifts there. Gov. Eddie Calvo (R) wrote June 21 to O’Rielly, saying that a September bill authorized such tactics, though a previous law set up a 911 fund from which money couldn’t be transferred. The actions complied with federal and local laws and didn’t disrupt emergency response, Calvo said. Guam’s acting fire chief confirmed the territory diverted $448,799 in 2016, failing to tell the FCC due to “internal personnel assignments.” Also June 22, Guam Legislature Speaker Benjamin Cruz (D) wrote O’Rielly to clarify “false” statements by Calvo that the territory’s diversion was legal. The legislator said the law authorizing diversion allowed it only from FY 2018, not retroactively, so it wouldn’t cover the 2016 shifting. Later that day, in another letter to O’Rielly, Calvo called Cruz’s letter a “political ploy” and restated that Guam is complying with federal E-911 policy. O’Rielly attached the letters to his asking Schwab to clarify if Guam appropriately allocated the 911 funds. “Regardless of whether Guam can divert 9-1-1 funds, there is no question as to whether it should divert such funds,” O’Rielly wrote. “I am not interested in engaging in local politics in Guam or anywhere else. What I am interested in is ending the disgraceful practice of 9-1-1 fee diversion throughout the country.”