A federal court agreed with CTIA that a Kentucky 911 law conflicts with the 2018 federal Wireless Telecommunications Tax and Fee Collection Fairness Act. Responding to that federal statute, the 2020 state law made Lifeline providers directly liable for 911 fees and barred them from passing the charge to users. In an opinion (in Pacer) entered Tuesday, U.S. District Court in Frankfort, Kentucky, granted an injunction and restraint against the Kentucky 911 Service Board in case 3:2020-cv-00043. Judge Gregory Van Tatenhove agreed with industry that the Kentucky law is preempted by Section 1510 of the Fairness Act, which limits states from requiring someone out-of-state from collecting state or local fees. “Though the Board alleges that Kentucky’s intention” with the 2020 law “was to comply with Section 1510, the state has failed to do so,” wrote Van Tatenhove. The judge disagreed with CTIA that the law violated two sections of the Communications Act, and he didn’t address the association’s constitutional claims. Section 254(f) on USF doesn’t preempt the Kentucky charge because the fee “has no relation to the manner by which Kentucky operates its universal service fund,” he said. Section 332(c)(3) stopping states’ from regulating wireless provider rates and entry can’t “be read so broadly as to prevent any incidental effects on entry or rates that a [statute] might impose,” he said. The judge disagreed with the state board that CTIA lacks standing as an association representing affected carriers and that Communications Act Section 616a-1(f)(1) exempts state 911 charges from preemption. Such a “broad reading ... would allow states to impose extreme requirements, like the taking of large portions of the service providers’ subsidies, in the name of ‘collecting fees for 911 services,’” he wrote. CTIA is glad the court recognized that the Kentucky law "discriminated against Lifeline providers serving low income consumers," said General Counsel Tom Power. "We are committed to working with policymakers at all levels to ensure all Americans benefit from wireless connectivity and ensure that 9-1-1 systems are appropriately funded." The Kentucky board didn’t comment.

Public safety advocates asked the FCC not to cast a wide net in defining what constitutes 911 fee diversion, as required by the Don’t Break Up the T-Band Act (see 2102160064). Doing so runs the risk of excluding states from several federal resources due to the actions of a few bad actors, said filings in docket 20-291. Comments on proposed rules were due Tuesday. Some telecom associations also sought more certainty.

Fairfax County, Virginia, had 911 connection issues Wednesday. “Capacity has been temporarily diminished and callers may experience extended wait times -- please stay on the line,” the Fairfax Police Department tweeted in the morning. “Text to 9-1-1 is working. Staff is working to restore the system to full capacity as soon as possible.” The department said in the afternoon the problems were addressed, but the nonemergency line was “experiencing sporadic network issues.” County officials didn’t comment on what caused the problems. The FCC declined comment.

The National Emergency Number Association’s 3D Geoinformation Systems Working Group is making “significant progress toward requirements for using 3D location data” and will submit a report to the FCC Public Safety Bureau in the next few weeks, CEO Brian Fontes and others told an aide to acting Chairwoman Jessica Rosenworcel. The time for providers “to deliver vertical location information is now,” said a filing posted Friday in docket 07-114: “The sooner … providers can convey vertical location information, the sooner 9-1-1 can set about to extracting the greatest possible value from this information.”

CTIA and representatives of its biggest members support state legislative efforts to implement the 988 suicide prevention hotline, they told FCC Public Safety and Wireline bureau staff in a call. AT&T, T-Mobile and Verizon were represented, said a filing posted Wednesday in docket 18-336. “As states look to efficient, flexible ways to fund state 9-8-8 services through fees on wireless consumer bills, CTIA focused on the importance of ensuring that states preserve the integrity of 9-1-1 funding.”

The National Emergency Number Association and Center for Internet Security adopted a memorandum of understanding on working together on best cybersecurity practice and will host a summit. “As we continue to lead the transition from legacy 9-1-1 to NG9-1-1 technologies, it is imperative that we elevate 9-1-1 professionals’ knowledge of cybersecurity,” said NENA President Gary Bell.

Prioritize 911 workers for COVID-19 vaccinations, the National Emergency Number Association said Friday. “Sadly, while the federal government and statehouses across the country have designated 9-1-1 professionals as essential workers throughout the pandemic, many states are not recognizing these public servants as essential when it comes to the distribution of coronavirus vaccines,” NENA CEO Brian Fontes wrote governors.

Five states diverted more than $200 million of 911 fee revenue -- about 6.6% of all such money -- for unrelated purposes in 2019, the FCC reported Tuesday. That’s about $2 million more than the same states were reported to divert in 2018 (see 1912190077). Outgoing Commissioner Mike O’Rielly said he did what he could.

Punishing state 911 fee diverters could worsen funding problems for the emergency call system and might be ineffective, commented local and public safety groups this week in docket 20-291. Penalizing local governments for states’ decisions is “much like sending your daughter to bed without dinner because your son took a cookie from the jar without permission,” the National Association of State 911 Administrators (NASNA) responded to the FCC notice of inquiry. “The two siblings are related, but the response is not.”

Do more to discourage states and local governments from diverting 911 fees, CTIA said in a filing posted Monday in docket 20-291. Comments were due Monday on a notice of inquiry (see 2009300050) approved 5-0 in September. It is critical that the $2.6 billion in 9-1-1 fees collected annually from wireless consumers be used for their intended purpose of improving 9-1-1 services,” CTIA said. Further action could include “providing guidance as to what expenditures qualify as ‘in support of’ 9-1-1 and encouraging other federal agencies to condition grant funding on non-diversion of 9-1-1 funds,” the group said: “Simply identifying diverting states has not been sufficient.” Refrain from rules putting new requirements on carriers, including reporting diversion under FCC truth-in-billing rules, the association asked.