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.
The Colorado Public Utilities Commission will seek clarity on its definition of “basic emergency service (BES) outage,” said a notice of proposed rulemaking Tuesday (docket 23R-0577T). The proceeding follows a more extensive 911 rulemaking in docket 22R-0122T, in which the PUC adopted rules for BES outages, the commission said. Since then, staff noticed that the state’s only BES provider, Lumen’s CenturyLink, construes what qualifies as a BES outage “differently than intended,” it said. “On numerous occasions, CenturyLink has argued in outage investigation responses that outages in facilities that service customers other than Public Safety Answering Point (PSAP) are originating service provider (OSP) outages, not BES outages, even if those outages also impact a PSAP and prevent the PSAP from being able to receive calls. CenturyLink has also argued … that if the company reroutes 9-1-1 calls to another, alternate PSAP, then no outage has occurred, since the calls are still being answered, even if they are not being answered by the PSAP originally intended to receive the call.” The disagreement affects other rules including on outage reporting and billing credits, the PUC said. The commission hopes that the fresh rulemaking will “remove any potential ambiguity contained in the relevant rules prior to taking any enforcement action,” it said. Comments are due Jan. 10, with replies due Jan. 19. Also, the PUC plans a virtual hearing Jan. 29 at 11:30 a.m. MST.
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.
APCO Chief Counsel Jeff Cohen urged the FCC to “proceed as soon as possible” on rules requiring location-based routing for wireless calls to 911 (see 2309110042), in a meeting with an aide to FCC Chairwoman Jessica Rosenworcel. Cohen also raised related rules on next-generation 911 communications, said a filing posted Monday in docket 21-479. “The Commission must approach rules for NG9-1-1 in a manner that promotes a common understanding of the public safety community’s goals and expectations for NG9-1-1 and does not conflict with the comprehensive vision and definitions outlined in pending federal NG9-1-1 funding legislation,” APCO said: “The single most important step the Commission can take would be to adopt requirements for achieving interoperability between originating service providers and 9-1-1 service providers, and among 9-1-1 service providers.”
Colorado should fund next-generation 911 (NG-911) with $1.6 million remaining from a 2022-retired enforcement mechanism called the Colorado Performance Assurance Plan (CPAP), commenters said Friday at the Colorado Public Utilities Commission. However, groups disagreed on which nonprofit should administer funds tagged for emergency services.
Industry continued to raise concerns on an FCC proposal on rules to speed a move to next-generation 911 and to call for flexibility, while public safety groups generally supported the agency’s proposed approach, per reply comments posted Monday in docket 21-479. The replies were consistent with initial comments last month (see 2308100025).
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).
APCO named Melvin Maier its new CEO Friday, replacing Derek Poarch, former FCC Public Safety Bureau chief who has led the group since 2011. Maier was APCO chief technology officer and previously was vice chair of the FirstNet Public Safety Advisory Committee. He's current chair of the Next Generation 9-1-1 Coalition. Maier joined APCO last year, after 32 years in law enforcement, most recently as a captain and chief of public safety communications for the Oakland County, Michigan, Sheriff’s Office. APCO said it did “an exhaustive and competitive nationwide search involving more than 200 applicants.” Poarch will stay on “over the next several months to ensure a smooth transition” and will remain CEO until he leaves. Maier becomes executive director immediately and will add the CEO title when Poarch departs, APCO said. Poarch and his team have grown APCO "in monumental and unprecedented ways," said Angela Batey, APCO president and a public safety instructor in Georgia.
APCO urged the FCC to reject a March petition by the Competitive Carriers Association seeking tweaks to the FCC’s outage reporting rules, approved 4-0 by commissioners last year (see 2211170051). Comments were due Monday (see 2306140057). “Specifically, APCO opposes CCA’s request that the Commission reconsider certain aspects of the 30-minute deadline for originating service providers (OSPs) to make initial notifications to emergency communications centers (ECCs) of outages impacting 9-1-1 service,” said a filing posted Monday in docket 15-80. “CCA’s concerns have been fully considered and rejected” by the FCC “and its Petition fails to present any material error, omission, or reason warranting reconsideration.”