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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations
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fees.3 Shortly thereafter, Congress enacted section 902.4
Section 902 requires the Commission to take additional action with respect to 911 fee diversion. Specifically, section 902c1C adds a new paragraph 3A
to 47 U.S.C. 615a1f that directs the Commission to adopt rules designating purposes and functions for which the obligation or expenditure of 911 fees or charges, by any State or taxing jurisdiction authorized to impose such a fee or charge, is acceptable for purposes of section 902 and the Commissions rules. The newly added 47 U.S.C. 615a1f3B states that these purposes and functions shall be limited to the support and implementation of 911 services provided by or in the state or taxing jurisdiction imposing the fee or charge, and operational expenses of public safety answering points within such state or taxing jurisdiction. The new section also states that, in designating such purposes and functions, the Commission shall consider the purposes and functions that states and taxing jurisdictions specify as the intended purposes and functions for their 911
fees or charges, and determine whether such purposes and functions directly support providing 911 services.
Section 902 also amends 47 U.S.C.
615a1f1 to provide that the rules adopted by the Commission for these purposes will apply to states and taxing jurisdictions that impose 911 fees or charges. Whereas the prior version of section 615a1f1 referred to fees or charges obligated or expended only in support of 911 and enhanced 911
services, or enhancements of such services, as specified in the provision of State or local law adopting the fee or charge, the amended version refers to the obligation or expenditure of fees or charges consistent with the purposes and functions designated in the final rules issued under paragraph 3 as purposes and functions for which the obligation or expenditure of such a fee or charge is acceptable. Emphasis added.
In addition, section 902c establishes a process for states and taxing 3 911 Fee Diversion; New and Emerging Technologies 911 Improvement Act of 2008, PS
Docket Nos. 20291 and 0914, Notice of Inquiry, 35 FCC Rcd 11010, 11010, para. 1 2020. The Commission received eight comments and seven reply comments in response to the Notice of Inquiry. These filings can be viewed in the FCCs electronic comment filing system ECFS at https
www.fcc.gov/ecfs/, under PS Docket Nos. 20291
and 0914.
4 Consolidated Appropriations Act, 2021, Public Law 116260, Division FF, Title IX, Section 902, Dont Break Up the T-Band Act of 2020 section 902.

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jurisdictions to seek a determination that a proposed use of 911 fees should be treated as acceptable even if it is for a purpose or function that has not been designated as such in the Commissions rules. Specifically, newly added 47
U.S.C. 615a1f5 provides that a state or taxing jurisdiction may petition the Commission for a determination that an obligation or expenditure of a 911 fee or charge for a purpose or function other than a purpose or function designated under section 615a1f3A should be treated as such a purpose or function, i.e., as acceptable for purposes of this provision and the Commissions rules. The new section 615a1f5 provides that the Commission shall grant the petition if the state or taxing jurisdiction provides sufficient documentation that the purpose or function i supports public safety answering point functions or operations, or ii has a direct impact on the ability of a public safety answering point toI receive or respond to 911 calls; or II dispatch emergency responders.
Section 902d requires the Commission to create the Ending 91
1 Fee Diversion Now Strike Force 911
Strike Force, which is tasked with studying how the Federal Government can most expeditiously end diversion by states and taxing jurisdictions and reporting to Congress on its findings within 270 days of the statutes enactment.5 In February, the agency announced the formation of the 911
Strike Force and solicited nominations.
On May 21, 2021, the agency announced the 911 Strike Force membership, which includes a diverse array of experts from across the nation representing Federal, state, and local government agencies, state 911 administrators, a consumer group, and organizations representing 911 professionals. The 911 Strike Force held its inaugural meeting on June 3, 2021, and has formed three working groups that will examine: i The effectiveness of any Federal laws, including regulations, policies, and practices, or budgetary or jurisdictional constraints regarding how the Federal Government can most expeditiously end 911 fee diversion; ii whether criminal penalties would further prevent 911 fee diversion; and iii the impacts of 911
fee diversion. Consistent with section 902d, the 911 Strike Force will complete its work and submit its final report to Congress by September 23, 2021. In addition, Section 902d1
provides that if the Commission obtains evidence that suggests the diversion by 5 47

U.S.C. 615a1 Statutory Notes as amended;
sec. 902d3.

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a State or taxing jurisdiction of 9 1 1
fees or charges, the Commission shall submit such information to the 911
Strike Force, including any information regarding the impact of any underfunding of 911 services in the State or taxing jurisdiction.
Section 902d2 provides that the Commission shall also include evidence it obtains of diversion and underfunding in future annual fee reports, beginning with the first report that is required to be submitted after the date that is 1 year after the date of the enactment of this Act. 6 In addition, section 902c1C
provides that if a state or taxing jurisdiction receives a grant under section 158 of the National Telecommunications and Information Administration Organization Act 47
U.S.C. 942 after the date of the enactment of the new legislation, such State or taxing jurisdiction shall, as a condition of receiving such grant, provide the information requested by the Commission to prepare the annual report to Congress on 911 fees.
Finally, section 902d4 prohibits any state or taxing jurisdiction identified as a fee diverter in the Commissions annual report from participating or sending a representative to serve on any committee, panel, or council established to advise the First Responder Network Authority FirstNet under 47 U.S.C.
1425a or any advisory committee established by the Commission.
Section 902 does not require states or taxing jurisdictions to impose any fee in connection with the provision of 911
service. As revised, the proviso to section 615a1 states that nothing in the Act or the Commissions rules shall prevent the imposition and collection of a fee or charge applicable to commercial mobile services or IP-enabled voice services specifically designated by the taxing jurisdiction for the support or implementation of 911 or enhanced 911 services, provided that the fee or charge is obligated or expended only in support of 911 and enhanced 911
services, or enhancements of such services, consistent with the purposes and functions designated in the Commissions forthcoming rules as purposes and functions for which the obligation or expenditure of such a fee or charge is acceptable. In this regard, section 902 charges the Commission with adopting rules defining what relevant statutory provisions mean, a responsibility we fulfill in adopting the rules in this Report and Order. In this regard, when we define and describe 6 47 U.S.C. 615a1 Statutory Notes as amended;
section 902d3. September 23, 2021 is 270 days after the enactment date of section 902.

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