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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations
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OMB for review under section 3507d of the Paperwork Reduction Act of 1995
PRA. OMB, the general public, and other Federal agencies are invited to comment on the new or modified information collection requirements contained in this proceeding. In addition, we note that, pursuant to the Small Business Paperwork Relief Act of 2002, we previously sought, but did not receive, specific comment on how the Commission might further reduce the information collection burden for small business concerns with fewer than 25
employees. The Commission does not believe that the new or modified information collection requirements in 9.25b will be unduly burdensome on small businesses. Applying these modified information collections will implement section 902 and promote transparency in the collection and expenditure of 911 fees. We describe impacts that might affect small businesses, which includes most businesses with fewer than 25
employees, in the FRFA in Appendix B
of the Commissions Report and Order.
Congressional Review Act. The Commission has determined, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, concurs, that this is a major rule under the Congressional Review Act, 5 U.S.C.
8042. The Commission will send a copy of this Report and Order to Congress and the Government Accountability Office pursuant to 5
U.S.C. 801a1A.
Additional Information. For additional information on this proceeding, contact Brenda Boykin, Brenda.Boykin@fcc.gov or 202418
2062, Rachel Wehr, Rachel.Wehr@
fcc.gov or 2024181138, or Jill Coogan, Jill.Coogan@fcc.gov or 2024181499, of the Public Safety and Homeland Security Bureau, Policy and Licensing Division.
Final Regulatory Flexibility Analysis As required by the Regulatory Flexibility Act of 1980, as amended RFA, an Initial Regulatory Flexibility Analysis IRFA was incorporated in the NPRM adopted in February 2021. The Commission sought written public comment on the proposals in the NPRM, including comment on the IRFA. No comments were filed addressing the IRFA. This present Final Regulatory Flexibility Analysis FRFA conforms to the RFA.
A. Need for, and Objectives of, the Final Rules The Report and Order adopts rules to implement section 902 of the
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Consolidated Appropriations Act, 2021
that required the Commission to take action to help address the diversion of 911 fees by states and taxing jurisdictions for purposes unrelated to 911. The Commission amends part 9 of its rules to establish a new subpart I to address the use of 911 fees and fee diversion in accordance with the requirements of section 902. More specifically, the rules the Commission adopts in the new subpart I designate illustrative, non-exhaustive purposes and functions for the obligation or expenditure of 911 fees or charges by states and taxing jurisdiction authorized to impose such a fee or charge that are acceptable for purposes of section 902
and the Commissions rules; clarify what does and does not constitute 911
fee diversion; establish a declaratory ruling process for providing further guidance to states and taxing jurisdictions on fee diversion issues;
and codify the specific restrictions that section 902 imposes on states and taxing jurisdictions that engage in diversion, such as the exclusion from eligibility to participate on Commission advisory committees.
The Commission adopts rules in the Report and Order that provide guidance on the types of expenditures of 911 fees for public safety radio systems and related infrastructure that can be considered acceptable but leaves the precise dividing line between acceptable and unacceptable radio expenditures open for further refinement, and refers this issue to the 911 Strike Force for further consideration and development of recommendations. The Report and Order also codifies the provision of section 902 that allows states and taxing jurisdictions to petition the FCC for a determination that an obligation or expenditure of a 911 fee for a purpose or function other than those deemed acceptable by the Commission should be treated as an acceptable expenditure.
Further, the Commission amends its rules to include a voluntary safe harbor provision that provides if a state or taxing jurisdiction collects fees or charges designated for public safety, emergency services, or similar purposes and a portion of those fees goes to the support or implementation of 911 services, the obligation or expenditure of such fees or charges shall not constitute diversion provided that the state or taxing jurisdiction meets certain criteria. This safe harbor provision should incentivize states and taxing jurisdictions to be transparent about multi-purpose fees, while providing flexibility to states and taxing
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jurisdictions to have the 911 portion of such multi-purpose fees be deemed acceptable while not having the non-911
portion be deemed diversion.
The safe harbor provision should also provide visibility into how funds ostensibly collected for both 911 and other purposes are apportioned, while including safeguards to ensure that such apportionment is not subject to manipulation that would constitute fee diversion. Inclusion of the safe harbor furthers Congresss transparency goals and enhances our ability to determine whether 911 funds are being diverted.
Without such visibility, multi-purpose fees could increase the burden on limited Commission staff resources in analyzing varied fee structures, and potentially render our rules and annual 911 fee report ineffective. The changes to part 9 adopted in the Report and Order are consistent with and 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 or taxing jurisdictions. The rules closely track the statutory language of section 902 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.
B. Summary of Significant Issues Raised by Comments in Response to the IRFA
There were no comments filed that specifically addressed the proposed rules and policies presented in the IRFA.
C. Response to Comments by the Chief Counsel for Advocacy of the Small Business Administration Pursuant to the Small Business Jobs Act of 2010, which amended the RFA, the Commission is required to respond to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration SBA and to provide a detailed statement of any change made to the proposed rules as a result of those comments.
The Chief Counsel did not file any comments in response to the proposed rules in this proceeding.
D. Description and Estimate of the Number of Small Entities to Which the Rules Will Apply The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that may be affected by the rules adopted herein. The RFA generally
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