Q!;ongress of tlfe lItniteb~tates
lIIIIaalfington, liar: 20515
June 15,2010
Julius Genachowski
Chainnan
Federal Communications Commission
445 12th Street SW
Washington, DC 20554
Dear Chainnan Genachowski,
We understand that the Federal Communications Commission currently is drafting its
2010 9-1-1 Fund Diversion Report pursuant to the NET 911 Improvement Act. As you
are aware, we consider the diversion offunds to be a significant impediment to the
improvement of9-1-1 communications facilities and we support using available methods
to discourage this practice.
In March, the National Emergency Number Association (NENA) and 37 other emergency
groups and associations sent a letter tll Congress exposing past and present state efforts to
divert funding from 911 services to other non-essential services. Although we were
pleased that only one-fifth ofthe states engaged in diversions according to the 2009
report, we are concerned that available mechanisms for enforcement are not being
utilized.
We believe that current statutory language provides you with the authority to regulate
some ofthese activities. For example, the NET 911 Improvement Act makes clear that
state and local governments have the authority to impose 911 fees on wireless and voice
over-IP (VoIP) providers only ifthe fees are used for their intended purposes.
We ask you to explore any additional steps that the Commission can take within its
existing jurisdiction to prevent diversions. For instance, since the FCC is tasked with
enforcing "truth in billing" requirements on commercial licensees, could the Commission
enforce a requirement that states be truthful about the fees they impose on consumers that
are collected by carriers?
As you move toward completion ofyour report, we suggest that you explore your
Jurisdictional authority to encourage states to use 9-1-1 funds for.their stated purpose and
make recommendations concerning methods for furthering this goal.
PAINTED ON RECYCLED PAPER
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Sincerely,
aGo Eshoo
Me er ofCongress
CC: Commissioner Michael Copps
Commissioner Mignon Clyburn
Commissioner Robert McDowell
Commissioner Meredith Baker
AlL.\~
.~obuchar
u.s. Senator
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