A Thursday Senate Commerce Committee hearing is likely to highlight stark differences between panel leaders’ competing proposals for a spectrum legislative package, including whether it should mandate sales of specific bands before NTIA completes studies of those frequencies in keeping with the Biden administration’s national spectrum strategy (see 2403120006). Lawmakers’ apparent failure to reach a deal allocating additional money for the FCC’s affordable connectivity program and Secure and Trusted Communications Networks Reimbursement Program (see 2403190062) as part of a FY 2024 still-unreleased “minibus” spending package also ratchets up the pressure for a spectrum bill to use future auction revenue to pay for multiple telecom priorities, officials and lobbyists told us.

George Kelemen, Industry Council for Emergency Response Technologies executive director, advised National Emergency Number Association members Monday to distinguish between the general push for Congress to appropriate $15 billion for next-generation 911 tech upgrades and existing legislative vehicles for allocating that funding when they meet this week with Capitol Hill offices. Backers of the House Commerce Committee-cleared Spectrum Auction Reauthorization Act (HR-3565), which would use some future auction proceeds to pay up to $14.8 billion for NG-911, haven't advanced the measure amid stalled negotiations on a broader spectrum legislative package (see 2312280044). Some offices, particularly Senate Republicans, are likely to say HR-3565 “‘is dead,’ and as a legislative vehicle it may very well be dead,” Kelemen said during NENA’s conference in Pentagon City, Virginia. “It’s still technically … a live bill,” and the hope is that lawmakers will “take all of the important parts of” the bill dealing with NG-911 and put them in "a different vehicle sometime this year and let’s hope they get it all done.” The NG-911 language in HR-3565, which mirrors an aborted spectrum legislative deal leaders of the House and Senate Commerce committees agreed to in December 2022 (see 2212190069), is “what we’re looking for and that’s what we’d like to see in whatever vehicle eventually moves,” Kelemen said. NENA members will also lobby lawmakers’ offices on the 911 Supporting Accurate Views of Emergency Services Act (HR-6319) and similar Enhancing First Response Act (S-3556), both of which would reclassify public safety call-takers and dispatchers as a protective service.

Sen. Steve Daines, R-Mont., is considering attaching an amendment to a pending national security supplemental spending bill that would allocate $3.08 billion to fully fund the Secure and Trusted Communications Networks Reimbursement Program, communications officials and lobbyists said in interviews. Telecom-focused lawmakers are still eyeing FY 2024 appropriations bills as vehicles for allocating rip-and-replace money, and some are pushing to keep using a spectrum legislative package to pay for it. President Joe Biden asked Congress to authorize the additional rip-and-replace money in October as part of a domestic funding supplemental separate from the national security request (see 2310250075).

Nevada, New Jersey and New York diverted about $205.4 million, or 5.3% of all 911 fee revenue, for unrelated purposes in 2022, an FCC report to Congress posted Tuesday found. The commission’s previous annual report found the same three states diverting about $198.5 million in 2021. The states used some of the revenue for public safety programs unrelated to 911; New York and New Jersey also used a portion for purposes unrelated to 911, the FCC said. Under the NET 911 Act, states must use 911 fee revenue for 911-related activities. The agency said 49 states, the District of Columbia and four territories responded to last year’s data request. Together they collected more than $3.5 billion in 2022 for 911. Idaho and the Northern Mariana Islands didn't report. New Jersey diverted 78.1% of $127.1 million collected, while fellow repeat offender New York diverted 41.7% of $254.4 million collected, said the report: It's unknown how much Nevada diverted from a $2.9 million pot. Nevada disclosed that at least two local jurisdictions diverted funding in 2022 for police body and vehicular cameras, the report said. “New Jersey and New York did not self-identify ... as diverting funds, but, consistent with previous reports, the Bureau has determined based on review of the information provided that these states diverted funds for non-911 related purposes within the meaning of the NET 911 Act.” In addition, the FCC said 44 states, D.C., Guam and Puerto Rico reported $512 million in total next-generation 911 spending in 2022. It said 37 states and jurisdictions reported having operating emergency services IP networks (ESInets). D.C., Puerto Rico and 47 states reported having text-to-911 by the end of 2022. Guam and the U.S. Virgin Islands expected to provide that capability in 2023, the report said. National Emergency Number Association CEO Brian Fontes said it's unfortunate and unacceptable that some states still see 911 revenue as a way to fund other programs. "Funds that the public pays specifically for 9-1-1 purposes should be used to ensure that 9-1-1 callers receive an effective emergency response." NENA urges states that divert funds to end the practice. Instead, they should use the money for maintaining 911 service levels and upgrading to NG-911, he said.

NTIA posted comments it received last week on the implementation plan for the national spectrum strategy (see 2401030059). Among noteworthy comments, public safety groups pressed the administration to also consider public safety spectrum. Utilities sought additional spectrum for their networks. T-Mobile and Verizon urged a focus on high-power licensed spectrum.

National Emergency Number Association representatives met with FCC Public Safety Bureau staff on the group’s i3 standard and an ATIS standard for IP multimedia subsystems (IMS), in an attempt to offer clarity, said a filing posted Friday in docket 21-479. “There is some confusion with respect” to next-generation 911 standards, NENA said. “The IMS911 specification, ATIS 0500036, implements the NENA i3 standard in an existing IMS … system,” the group said: “It is a standard targeted towards existing IMS systems to offer i3 based NG9-1-1 services over their existing network. IMS911 and NENA i3 are complementary, and not competing, specifications and systems implementing them are expected to be fully interoperable.” NENA said all known NG-911 systems in the U.S. are using only the i3 standard at this point.

Reps. Norma Torres, D-Calif., and Brian Fitzpatrick, R-Pa., refiled Wednesday their 911 Supporting Accurate Views of Emergency Services Act, which would reclassify public safety call-takers and dispatchers as protective service. Torres has successfully added the measure to the House’s versions of several previous National Defense Authorization Act iterations but wasn't able to get it into the annual package this year (see 2307100063). The measure “provides a simple fix to reclassify 9-1-1 professionals as first responders and honor these brave men and women for their work,” Torres said. “As a former 9-1-1 dispatcher for over 17 years, I know this small change would mean a great deal to dispatchers.” NENA CEO Brian Fontes hailed Torres and Fitzpatrick for refiling the bill, saying in a statement that job reclassification is “of great importance to 9-1-1 professionals nationwide.” Torres’ office cited support from FCC Chairwoman Jessica Rosenworcel, APCO and nine other groups.

National Emergency Number Association representatives said the group’s i3 standard and an ATIS standard for IP multimedia subsystems are “complementary, and not competing, specifications and systems implementing them are expected to be fully interoperable,” in a meeting with an aide to FCC Chairwoman Jessica Rosenworcel. NENA said the largest barriers to next-gen 911 deployment are “with business and policy, and not with standards or technology,” said a filing posted Tuesday in docket 21-479. ”A significant barrier to interoperability is the lack of a network connection between systems,” NENA said: “In the i3 standard this is addressed with an expectation that secure, standards-based traffic can take place between far away systems over the internet. It would also be possible that a nationwide backbone connecting all systems could be implemented.”

House Communications Subcommittee leaders told us they plan to continue actively pushing for floor action on the Commerce Committee-approved Spectrum Auction Reauthorization Act (HR-3565) when the chamber returns Sept. 12, despite the measure facing continued opposition from some Senate Republicans. House Commerce leaders tried and failed to get a floor vote on the measure before the August recess (see 2307270063). Lawmakers believe the outcome of a pending DOD study on repurposing the 3.1-3.45 GHz band may affect the prospects for reaching a deal to pass a spectrum legislative package that includes language from HR-3565 and other measures (see 2308070001).

The National Association of State 911 Administrators warned the FCC that moving to next-generation 911 will be complicated, in comments on an NPRM commissioners approved 4-0 in June (see 2306080043). The National Emergency Number Association said the FCC is on the right track with the NPRM. Comments were due at the FCC Wednesday in docket 21-479. The notice followed a NASNA petition seeking a rulemaking or notice of inquiry to fully implement NG911 (see 2110190066 and 2201200043).