TRENTON -- A state senator wants to amend New Jersey’s constitution to stop about 90 percent of 911 fee revenue from being used for unrelated purposes. "It's high time that we say enough is enough,” said Sen. Michael Testa (R) alongside county and wireless officials at a Friday news conference.

Efforts to end 911 fee diversion face more headwinds in four states that the FCC found continued the practice in 2018 (see 1912190077), 911 advocates said in interviews. Commissioner Mike O’Rielly told us he’s following up with West Virginia, which hasn’t acted despite a 2018 promise by Gov. Jim Justice (R), and Rhode Island, which last year addressed the practice in a way he called problematic.

Five states diverted nearly $198 million, or 7.6 percent of all 911 fee revenue, for unrelated purposes in 2018, the FCC reported. That dropped about $87 million from 2017. FCC members said Thursday that any reshuffling is inappropriate.

Hill lawmakers' communications policy aspirations for a continuing resolution to fund the federal government past Dec. 20 took simultaneous steps forward and back Tuesday and Wednesday. Congressional leaders finalized an expected deal to attach language from two House-side Satellite Television Extension and Localism Act reauthorization bills into the funding extension measure (see 1912090051). A contentious Senate Commerce Committee markup of the 5G Spectrum Act (S-2881) and other factors, meanwhile, raised doubts about the prospects of using the CR to weigh in on a planned FCC auction of spectrum on the 3.7-4.2 GHz C band (see 1912100001).

FCC Chairman Ajit Pai's Monday decision to pursue a public auction of spectrum on the 3.7-4.2 GHz band (see 1911180026) has shifted some lawmakers' attention from forcing the commission's hand to ensuring proceeds from the sale are allocated for rural broadband deployments and other telecom priorities. Senate Appropriations Financial Services Subcommittee Chairman John Kennedy, R-La., and House Communications Subcommittee Chairman Mike Doyle, D-Pa., are aiming to continue advancing the Clearing Broad Airwaves for New Deployment (C-Band) Act (HR-4855/S-2921) as a potential proceeds allocation mechanism. Kennedy discussed potential pay-for options for C-band proceeds during a Thursday Senate Appropriations Financial Services hearing.

APCO said many 911 directors agree they need floor-level identification and not just height above ellipsoid (HAE) data to provide first responders with the information they need to respond to wireless emergency calls. APCO reported on a meeting with an aide to FCC Commissioner Jessica Rosenworcel, posted Wednesday in docket 07-114. Commissioners will vote Friday on an order requiring carriers to provide vertical axis data, but not floor levels (see 1911140060). Officials from New York City; Washington, D.C.; New Orleans; Tarrant County, Texas; the Denver and Seattle areas; Richmond; and Raleigh are among those demanding floor-level data, APCO said. “Even the largest departments in the country do not have the resources to operationalize a raw vertical estimate in terms of HAE by creating and maintaining indoor maps for the buildings in their jurisdictions, nor should they be expected to do so,” APCO said: “They have also cautioned the Commission against assuming that first responders in the field will have devices capable of matching altitude measurements to those received from 9-1-1 callers.”

The California Public Utilities Commission will weigh more disaster relief rules for communications providers in response to problems during recent public safety power shutoffs (PSPS), CPUC President Marybel Batjer said at a Wednesday hearing livestreamed from San Francisco. Many local officials and telco customers couldn’t attend the hearing due to another power shutoff Wednesday, the sixth in two months, she said. Commissioner Cliff Rechtschaffen dismissed carriers’ arguments they couldn’t anticipate extended power shutoffs.

Google said the FCC should consider allowing carriers to transmit information on the floor level of a wireless call to 911 as an alternative to providing height above ellipsoid (HAE) data. Commissioners are to vote on an order Friday (see 1911130030). “An HAE estimate may not provide actionable information in the short term, particularly with regard to identifying which floor to search,” Google said in a filing posted Monday in docket 07-114: Google understands that “not every person in public safety is (or is on a clear path to be) equipped with technology capable of interpreting HAE information.” The National Emergency Number Association disagreed. “A handset’s location, including z-axis, must be delivered to the 9-1-1 system in its original format,” NENA said. “Google’s proposal -- to the extent it removes z-axis HAE from the location payload -- would reduce overall vertical location accuracy and upend the marketplace for downstream mapping and location solutions, disrupting many of the benefits of a ubiquitous standard for vertical elevation measurement.” NENA said “the vast majority of organizations representing public safety” support the z-axis mandate. A Monday news release from the FCC chairman's office laid out public safety support for the z-axis mandate.

Lobbying continues for and against proposed rules requiring carriers to identify the vertical location of indoor wireless calls to 911. APCO questions whether the requirement will help first responders locate callers (see 1911130030). Officials in the office of FCC Chairman Ajit Pai say the preponderance of public safety groups support the order, set for a commissioner vote at the Nov. 22 meeting.

The FCC's likely to approve a draft order Nov. 22 requiring carriers identify the vertical axis of wireless calls to 911. Many questions are expected when commissioners vote. The FCC's proposing to mandate 3-meter z-axis 911 location accuracy starting in April 2021. Public safety is divided. Carriers are concerned whether industry can meet the timetable. They have been relatively quiet, however, FCC officials said.