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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations
G. Report to Congress
List of Subjects in 47 CFR Part 9

26. The Commission will send a copy of the Report and Order, including this FRFA, in a report to Congress pursuant to the Congressional Review Act. In addition, the Commission will send a copy of the Report and Order, including this FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the Report and Order and FRFA or summaries thereof will also be published in the Federal Register.

Communications common carriers, Communications equipment, Radio, Federal Communications Commission.
Marlene Dortch, Secretary, Office of the Secretary.

Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 9 as follows:

IV. Ordering Clauses
PART 9911 Requirements
Accordingly, it is ordered, pursuant to Sections 1, 4i, 4j, 4o, 201b, 251e, 301, 303b, and 303r of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154i, 154j, 154o, 201b, 251e, 301, 303b, and 303r, the Dont Break Up the T-Band Act of 2020, Section 902 of Title IX, Division FF of the Consolidated Appropriations Act, 2021, Public Law 116260, Section 101 of the New and Emerging Technologies 911
Improvement Act of 2008, Public Law 110283, 47 U.S.C. 615a1, and the Wireless Communications and Public Safety Act of 1999, Public Law 10681, 47 U.S.C. 615 note, 615, 615a, and 615b, that this Report and Order is hereby adopted.
It is further ordered that the amendments of part 9 of the Commissions rules, as set forth in Appendix A of the Commissions Report and Order, are adopted, effective sixty 60 days after publication in the Federal Register. Compliance will not be required for paragraph b in 9.25
until after approval by the Office of Management and Budget. The Commission delegates authority to the Public Safety and Homeland Security Bureau to publish a document in the Federal Register announcing that compliance date and revising paragraph c in 9.25.
It is further ordered that the Office of the Managing Director, Performance Evaluation and Records Management, shall send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, 5 U.S.C. 801a1A.
It is further ordered that the Commissions Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Report and Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.

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1. The authority citation for part 9 is revised to read as follows:

Authority: 47 U.S.C. 151154, 152a, 155c, 157, 160, 201, 202, 208, 210, 214, 218, 219, 222, 225, 251e, 255, 301, 302, 303, 307, 308, 309, 310, 316, 319, 332, 403, 405, 605, 610, 615, 615 note, 615a, 615b, 615c, 615a 1, 616, 620, 621, 623, 623 note, 721, and 1471, and Section 902 of Title IX, Division FF, Pub. L. 116260, 134 Stat. 1182, unless otherwise noted.

2. Add subpart I, consisting of 9.21
through 9.26, to read as follows:

Subpart I911 Fees Sec.
9.21 Applicability.
9.22 Definitions.
9.23 Designation of acceptable obligations or expenditures for purposes of the Consolidated Appropriations Act, 2021, Division FF, Title IX, section 902c1C.
9.24 Petition regarding additional purposes and functions.
9.25 Participation in annual fee report data collection.
9.26 Advisory committee participation.
9.21

Applicability.

The rules in this subpart apply to States or taxing jurisdictions that collect 911 fees or charges as defined in this subpart from commercial mobile services, IP-enabled voice services, and other emergency communications services.
9.22

Definitions.

For purposes of this subpart, the terms in this section have the following meanings set forth in this section.
Furthermore, where the Commission uses the term acceptable in this subpart, it is for purposes of the Consolidated Appropriations Act, 2021, Public Law 116260, Division FF, Title IX, section 902c1C.
911 fee or charge. A fee or charge applicable to commercial mobile services, IP-enabled voice services, or other emergency communications services specifically designated by a State or taxing jurisdiction for the support or implementation of 911

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services. A 911 fee or charge shall also include a fee or charge designated for the support of public safety, emergency services, or similar purposes if the purposes or allowable uses of such fee or charge include the support or implementation of 911 services.
Diversion. The obligation or expenditure of a 911 fee or charge for a purpose or function other than the purposes and functions designated by the Commission as acceptable pursuant to 9.23. Diversion also includes distribution of 911 fees to a political subdivision that obligates or expends such fees for a purpose or function other than those designated as acceptable by the Commission pursuant to 9.23.
Other emergency communications services. The provision of emergency information to a public safety answering point via wire or radio communications, and may include 911 and E911 service.
State. Any of the several States, the District of Columbia, or any territory or possession of the United States.
State or taxing jurisdiction. A State, political subdivision thereof, Indian Tribe, or village or regional corporation serving a region established pursuant to the Alaska Native Claims Settlement Act 43 U.S.C. 1601 et seq..
9.23 Designation of acceptable obligations or expenditures for purposes of the Consolidated Appropriations Act, 2021, Division FF, Title IX, section 902c1C.

a Acceptable purposes and functions for the obligation or expenditure of 911
fees or charges for purposes of section 902 are limited to:
1 Support and implementation of 911 services provided by or in the State or taxing jurisdiction imposing the fee or charge; and 2 Operational expenses of public safety answering points within such State or taxing jurisdiction.
b Examples of acceptable purposes and functions include, but are not limited to, the following, provided that the State or taxing jurisdiction can adequately document that it has obligated or spent the fees or charges in question for these purposes and functions:
1 PSAP operating costs, including lease, purchase, maintenance, replacement, and upgrade of customer premises equipment CPE hardware and software, computer aided dispatch CAD equipment hardware and software, and the PSAP building/
facility and including NG911, cybersecurity, pre-arrival instructions, and emergency notification systems ENS. PSAP operating costs include technological innovation that supports 911;

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