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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations
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acceptable expenditures in this Report and Order or in our rules, we mean to use that term as Congress did in section 902c1C.
On February 17, 2021, we adopted a notice of proposed rulemaking NPRM, which proposed rules to implement section 902 and address 911 fee diversion.7 The Commission received twenty-eight comments, nine reply comments, and five ex parte filings.
II. Discussion With this Report and Order, we adopt rules to implement the provisions of section 902 that require Commission action. Specifically, we amend part 9 of our rules to establish a new subpart I
that addresses 911 fees and fee diversion in accordance with and for the purposes of the statute. The new subpart I rules 1 clarify what does and does not constitute the kind of diversion of 911 fees that has concerned Congress and the Commission; 2 establish a declaratory ruling process for providing further guidance to states and taxing jurisdictions on fee diversion issues;
and 3 codify the specific obligations and restrictions that section 902
imposes on states and taxing jurisdictions, including those that engage in diversion as defined by our rules.
The record indicates that commenters are divided on whether expenditures of 911 fees for public safety radio systems and related infrastructure should be considered acceptable for Section 902
purposes. Our new rules provide additional guidance on this question.
We also refer additional questions concerning the application of our new rules to the 911 Strike Force for the development of recommendations. We also note that the petition process established by section 902 provides a mechanism for further consideration of this issue in the context of specific fact patterns, after adoption of the initial rules in this proceeding. We conclude that these changes to part 9 will advance Congresss stated objectives in section 902 in a cost-effective manner that is not unduly burdensome to providers of emergency telecommunications services or to state and taxing jurisdictions. In sum, the rules we adopt in this document closely track the statutory language addressing 911 fee diversion, and seek to promote transparency, accountability, and integrity in the collection and expenditure of fees collected for 911 services, while providing stakeholders reasonable guidance as part of implementing section 902.
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A. Definitions and Applicability Section 902 defines certain terms relating to 911 fees and fee diversion. To promote consistency, the NPRM
proposed to codify these definitions with certain modifications. As described below, we adopt these definitions as proposed.8
1. 911 Fee or Charge Background. Section 902 defines 9
11 fee or charge as a fee or charge applicable to commercial mobile services or IP-enabled voice services specifically designated by a State or taxing jurisdiction for the support or implementation of 911 services. In the NPRM, we proposed to codify this definition in the rules. However, we also noted that the statutory definition in section 902 does not address services that may be subject to 911 fees other than Commercial Mobile Radio Services CMRS and IP-enabled voice services.
As we observed in the NPRM, the reason for this omission is unclear. For example, virtually all states impose 911
fees on wireline telephone services and have provided information on such fees for inclusion in the agencys annual fee reports. In addition, as 911 expands beyond voice to include text and other non-voice applications, states could choose to extend 911 fees to such services in the future.
To promote regulatory parity and avoid gaps that could inadvertently frustrate the rapid deployment of effective 911 services, including advanced Next Generation 911 NG911
services, we proposed to define 911 fee or charge in the rules to include fees or charges applicable to other emergency communications services as defined in section 201b of the NET 911
Act. Under the NET 911 Act, the term other emergency communications service means the provision of emergency information to a public safety answering point via wire or radio communications, and may include 91
1 and enhanced 911 service. We noted that this proposed modification will make clear that the rules in subpart I extend to all communications services regulated by the Commission that provide emergency communications, including wireline services, and not just to CMRS and IP-enabled voice services.
We also proposed in the NPRM to extend the definition of 911 fee or charge to include fees or charges 8 We also clarify in the introductory language of this section of the rules that where the Commission uses the term acceptable in subpart I, it is for purposes of the Consolidated Appropriations Act, 2021, Public Law 116260, Division FF, Title IX, section 902c1C.

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designated for the support of public safety, emergency services, or similar purposes if the purposes or allowable uses of such fees or charges include the support or implementation of 911 services.
Decision. We adopt our NPRM
proposal. The Michigan 911 Entities support including other emergency communications services in the definition, and no commenter opposes this proposal. We find that this expansion of the definition of 911 fee or charge is reasonably ancillary to the Commissions effective performance of its statutorily mandated responsibilities under section 902 and other Federal 911-related statutes and Communications Act statutory provisions that, taken together, establish an overarching Federal interest in ensuring the effectiveness of the 911
system. The Commissions general jurisdictional grant includes the responsibility to set up and maintain a comprehensive and effective 911
system, encompassing a variety of communication services in addition to CMRS and IP-enabled voice services.
Section 251e3 of the Communications Act of 1934, which directs the Commission to designate 911
as the universal emergency telephone number, states that the designation of 911 shall apply to both wireline and wireless telephone service, which evidences Congresss intent to grant the Commission broad authority over different types of communications services in the 911 context.9 Similarly, RAY BAUMS Act directed the Commission to consider adopting rules to ensure that dispatchable location is conveyed with 911 calls regardless of the technological platform used. 10 In addition, section 615a1e2 provides that the Commission shall enforce this section as if this section was a part of the Communications Act of 1934 47
U.S.C. 151 et seq. and that for purposes of this section, any violations of this section, or any regulations promulgated under this section, shall be considered to be a violation of the Communications Act of 1934 or a regulation promulgated under that Act, respectively.
Accordingly, we conclude that including other emergency communications services within the scope of the definition of 911 fees is also reasonably ancillary to the Commissions effective performance of 9 47

U.S.C. 251e3.
Consolidated Appropriations Act, 2018, Public Law 115141, 132 Stat. 348, Division P, Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018 RAY BAUMS Act section 506c1 codified at 47 U.S.C. 615 Notes.
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