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Commission Issues Information Collection Mandated by NET 911 Act

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Released: June 8, 2012

PUBLIC NOTICE
Federal Communications Commission

News Media Information 202 / 418-0500
445 12th Street, S.W.
Fax-On-Demand 202 / 418-2830

Washington, D.C. 20554

TTY 202 / 418-2555
Internet: http://www.fcc.gov
ftp.fcc.gov

DA 12-908

Released: June 8, 2012

OMB Control Number 3060-1122

COMMISSION ISSUES REVISED INFORMATION COLLECTION MANDATED BY THE

NEW AND EMERGING TECHNOLOGIES IMPROVEMENT ACT OF 2008.

Responses Due No Later Than July 31, 2012.

PS DOCKET NO. 09-14

The New and Emerging Technologies 911 Improvement Act of 2008 (NET 911 Act)1 requires
the Federal Communications Commission (Commission) to collect information regarding any fees
collected by the states or other jurisdictions in connection with 911/E911 services, specifically,
information “detailing the status in each State of the collection and distribution of such fees or charges,
and including findings on the amount of revenues obligated or expended by each State or political
subdivision thereof for any purpose other than the purpose for which any such fees or charges are
specified.”2 On January 26, 2009, the Commission received authorization from the Office of
Management and Budget (OMB) to implement a data collection program.3
For this fourth data collection pursuant to the NET 911 Act, the Commission has revised its data
request to include an expanded set of questions. The Commission sought public comment regarding
these changes to its data collection on November 8, 2011.4 Thereafter, the Commission sought and


1 New and Emerging Technologies 911 Improvement Act of 2008, Pub. L. No. 110-283, 122 Stat. 2620 (2008)
(NET 911 Act).
2 Id. at §6(f)(2). Section 6(f)(1) of the NET 911 Act affirms the ability of “[a] State, political subdivision thereof,
Indian tribe, or village or regional corporation serving a region established pursuant to the Alaska Native Claims
Settlement Act, as amended …” to collect fees or charges “[applicable] to commercial mobile services or IP-
enabled voice services … for the support or implementation of 9-1-1 or enhanced 9-1-1 services, provided that the
fee or charge is obligated or expended only in support of 9-1-1 and enhanced 9-1-1 services, or enhancements of
such services, as specified in the provision of State or local law adopting the fee or charge. For each class of
subscribers to IP-enabled voice services, the fee or charge may not exceed the amount of any such fee or charge
applicable to the same class of subscribers to telecommunications services.” NET 911 Act at §6(f)(1).
3 Letter from Kevin F. Neyland, Deputy Administrator, Office of Information and Regulatory Affairs, Office of
Management and Budget, OMB Control Number 200812-3060-008 (Jan 26, 2009). The Commission released
reports in 2009, 2010 and 2011. These reports can be found on the Commission’s website at
http://www.fcc.gov/encyclopedia/9-1-1-and-e9-1-1-services.
4 See Public Safety and Homeland Security Seeks Comment on Information Collection and Recommendations to
Congress Regarding State 911/E911 Fees and Expenditures, Public Notice, PS Docket No. 09-14 (rel. Nov. 8,

received authorization from the Office of Management and Budget for an amended information
collection designed to elicit more granular information about state and local use of collected 911 fees.5
Pursuant to that OMB authorization, the Public Safety and Homeland Security Bureau seeks the
following specific information in order to fulfill the Commission’s obligations under Section 6(f)(2) of
the NET 911 Act:
1.
A statement as to whether or not your State, or any political subdivision, Indian tribe,
village or regional corporation therein as defined by Section 6(f)(1) of the NET 911 Act, has
established a funding mechanism designated for or imposed for the purposes of 911 or E911 support
or implementation (including a citation to the legal authority for such mechanism).
2.
The amount of the fees or charges imposed for the implementation and support of 911
and E911 services, and the total amount collected pursuant to the assessed fees or charges, for the
annual period ending December 31, 2011.
3.
A statement describing how the funds collected are made available to localities, and
whether your state has established written criteria regarding the allowable uses of the collected
funds, including the legal citation to such criteria.
4.
A statement identifying any entity in your State that has the authority to approve the
expenditure of funds collected for 911 or E911 purposes; a description of any oversight procedures
established to determine that collected funds have been made available or used for the purposes
designated by the funding mechanism or otherwise used to implement or support 911; and a
statement describing enforcement or other corrective actions undertaken in connection with such
oversight, for the annual period ending December 31, 2011.
5.
A statement whether all the funds collected for 911 or E911 purposes have been made
available or used for the purposes designated by the funding mechanism, or otherwise used for the
implementation or support of 911 or E911.
6.
A statement identifying what amount of funds collected for 911 or E911 purposes were
made available or used for any purposes other than the ones designated by the funding mechanism or
used for purposes otherwise unrelated to 911 or E911 implementation or support, including a
statement identifying the unrelated purposes for which the funds collected for 911 or E911 purposes
were made available or used.
7.
A statement identifying with specificity all activities, programs, and organizations for
whose benefit your State, or political subdivision thereof, has obligated or expended funds collected
for 911 or E911 purposes and how these activities, programs, and organizations support 911 and
E911 services or enhancements of such services.





2011). Commenters supported the expanded data collection. See, e.g., NENA Comments at 1; CTIA Comments at
1.
5 Letter from Kevin F. Neyland, Deputy Administrator, Office of Information and Regulatory Affairs, Office of
Management and Budget, OMB Control Number 3060-1122 (May 17, 2012).
2

8.
A statement regarding whether your State classifies expenditures on Next Generation
911 as within the scope of permissible expenditures of funds for 911 or E911 purposes, whether your
State has expended such funds on Next Generation 911 programs, and if so, how much your state has
expended in the annual period ending December 31, 2011 on Next Generation 911 programs.
9.
Any other comments you may wish to provide regarding the applicable funding
mechanism for 911 and E911.
Letters seeking the information described here will be mailed to the Office of the Governor of
each state and territory, and Tribal Government of each Native American Reservation. Copies also will
be sent to the Secretary of State, Public Utility Commission Chairman, and 911 Director of each state and
equivalent offices in the territories and reservations.
Consistent with Section 6(f) of the NET 911 Act, the Commission requests that state officials
report the information identified in this Public Notice with respect to fees and charges collected in
connection with the implementation and support of 911 or E911 services within their state, including any
political subdivision thereof, Indian tribe and/or village and regional corporation serving any region
established pursuant to the Alaska Native Claims Settlement Act that otherwise lie within their state
boundaries.6 In addition, consistent with the definition of “State” set out in 47 U.S.C. 153(40), the
Commission will collect this information from states as well as the District of Columbia, and the
inhabited U.S. Territories and Possessions.
The information hereby collected will be reviewed by the Commission’s Public Safety and
Homeland Security Bureau. Pursuant to Section 6(f)(2) of the NET 911 Act, the Commission is required
to file “within 1 year after the date of enactment of the [NET 911 Act], and annually thereafter” a report
with the Congress “detailing the status in each State of the collection and distribution of such fees or
charges, and including findings on the amount of revenues obligated or expended by each State or
political subdivision thereof for any purpose other than the purpose for which any such fees or charges
are specified.”7
Information submitted pursuant to this information collection should be submitted in a NET 911
electronic drop box located at https://esupport.fcc.gov/actonline, and should be submitted no later than

July 31, 2012

. Filed information must include verification and signature by an official identified in the
filing. The information filing should be submitted on an official (letterhead) document of the signatory’s
agency which is then uploaded to the electronic drop box by attaching an electronic copy of the
document and hitting “send.”
Filers may also fax or mail a copy of the signed document to the Commission’s Secretary, and
should reference PS Docket No. 09-14.


6 See NET 911 Act, Section 6(f)(1).
7 Id. Section 6(f)(2) specifically directs the Commission to file its reports with the Committee on Commerce,
Science and Transportation of the Senate and the Committee on Energy and Commerce of the House of
Representatives.
3

§
Paper Filers: Parties who choose to file by paper must file an original and four copies of
each filing.
§
Filings can be sent by hand or messenger delivery, by commercial overnight courier, or
by first-class or overnight U.S. Postal Service mail (although the Commission continues to
experience delays in receiving U.S. Postal Service mail). All filings must be addressed to:
Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, 445 12th
Street, SW, Washington, D.C. 20554. Parties must also serve one copy with the Commission’s
copy contractor, Best Copy and Printing, Inc. (BCPI), Portals II, 445 12th Street, SW, Room CY-
B402, Washington, D.C. 20554, (202) 488-5300, or via e-mail to fcc@bcpiweb.com.
§
The Commission’s contractor will receive hand-delivered or messenger-delivered paper
filings for the Commission’s Secretary at 236 Massachusetts Avenue, NE, Suite 110,
Washington, D.C. 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed
of before entering the building.
§
Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority
Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, M.D. 20743.
§
U.S. Postal Service first-class, Express, and Priority mail should be addressed to 445
12th Street, SW, Washington, D.C. 20554.
§
Fax Filers: Filings may be faxed to (202) 418-2824.
§
People with Disabilities: To request materials in accessible formats for people with
disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov
or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432
(tty).

FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT

As required by the Paperwork Reduction act of 1995 (44 U.S.C. § 3507), the FCC is notifying
the public that it received OMB approval on January 26, 2009, with an updated approval on May 17,
2012, for the collection of information described in this Public Notice. Public reporting burden for this
collection of information is estimated to be ten to fifty hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. This collection of information is for the purpose
of assisting the Commission in carrying out provisions of the NET 911 Act. This collection is mandatory
under the New and Emerging Technologies 911 Improvement Act of 2008, Pub. L. No. 110-283, 122
Stat. 2620 (2008). Send comments regarding this burden estimate, or any other aspect of this collection
of information, including suggestions for reducing the burden to Federal Communications Commission,
AMD-PERM, Washington, DC 20554, Paperwork Reduction Project (3060-1122), or via the Internet to
PRA@fcc.gov. DO NOT SEND 911 FEE COLLECTION LETTERS TO THIS ADDRESS.
4

Under 5 CFR § 1320, an agency may not conduct or sponsor a collection of information unless it
displays a currently valid OMB Control Number. No person shall be subject to any penalty for failing to
comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not
display a currently valid OMB Control Number.

This collection has been assigned OMB Control
Number 3060-1122 and its expiration date is May 31, 2015.

THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995,
PUBLIC LAW 104-13, OCTOBER 1, 1995, 44 U.S.C. 3507.
-- FCC --
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