Stop the state raids on the E 911 communications funds

In most situations, consumers expect to get what they are paying for. For example, communications bills in most states include an Enhanced 911 (E 911) tax or fee. Based on its title, consumers would assume that this money is used for upgrades to the existing 911 services in their state or locality. This is a valid premise, given that the current 911 system has been around for decades and needs improvement and modernization. However, in some states, the E 911 funds are not always used for their intended purpose.

Many of the older 911 systems have difficulty in pinpointing an individual’s location if that person is using a mobile device to call for help. As more individuals use new technologies to contact 911 services for assistance, these systems must be able to find those in need of help, regardless of how they are communicating.

Following the 9/11 Commission Report, which recommended better coordination and integrated communications for emergency first responders, Congress enacted the ENHANCE 911 Act of 2004 (Public Law 108-494) to assist states in modernizing their 911 systems. This legislation authorized $250 million per year for matching grants for fiscal years 2005 through 2009 for 911 improvements. However, if a state or local government used its E 911 taxes, fees, or charges for unrelated purposes, it would no longer be eligible for the federal E 911 grant. Following the publication of the final rules for the ENHANCE 911 Act of 2004 on June 5, 2009, grants ranging from $200,000 to $5.4 million were awarded to 30 states and territories.

The existing 911 system is mostly funded by wireless consumers through the E 911 fee or tax on their communications bill, although wireless providers also invest resources to support 911 services over their wireless networks and devices. As part of the requirements for the ENHANCE 911 Act, the Government Accountability Office (GAO) issued a report on March 10, 2006 on state and local use of funds collected for the purpose of E 911 implementation and published its findings in March 2006. Among its findings, GAO reported that several responding states were using the collected E 911 funds for purposes unrelated to the 911 program, and in some instances had transferred these funds to the state’s general fund.

Congress enacted the New and Emerging Technologies (NET) 911 Improvement Act (P.L. 110-283) on July 23, 2008. The NET 911 Act promotes public safety as well as encourages states across the nation to deploy a national IP-enabled emergency network and improve 911 services for the disabled. To address the findings of the GAO report, the NET 911 Act also required an annual report to Congress by the Federal Communications Commission (FCC) on the use of funds set aside by states for E 911 services.

In its third annual report to Congress, issued on November 8, 2011, the FCC announced that seven of the responding states were still using the collected E 911 funds, at least in part, to support programs other than 911. While this is a reduction from 12 states noted in the 2009 report and 13 states listed in 2010, four of the states (Arizona, Illinois, Oregon, and Rhode Island) reported that they used E 911 money to assist the state’s general fund in meeting budgetary demands and shortfalls. Other states used non-911 funds for other public safety-related purposes.

The telecommunications industry is one of the most heavily taxed industries in the nation with most of these taxes and fees, including the E 911 fee, being passed along to their subscribers. Redirecting the E 911 resources for other uses is a disservice to taxpayers and subscribers. These raids on the E 911 funds are reducing the available funds that could be used to improve and update the antiquated 911 system across the nation and could seriously delay help from emergency responders when such needs arise.