Albany Times Union

FCC: N.Y., other states diverting 911 funds

FCC says New York diverts millions intended for emergency call centers

- By Larry Rulison

The federal agency is looking for ways to discourage the practice in the future./

The Federal Communicat­ions Commission says that New York is one of just a handful of states that divert federal 911 funding to state resources and is looking for ways to discourage the practice in the future.

“The (FCC) has found New York to be a diverter of 911 fees every year since the 2009 report to Congress, and in 2018 New York continued to operate under the state law framework that provides for such diversion,” the FCC said in a December 2019 report that covered fiscal 2018.

Because of that the FCC has launched a case to examine “ways to combat 911 fee diversion,” which the commission says involves New York, although that assessment is due to the fact that New York does not provide the FCC with internal data.

The FCC claims that New York diverted $83 million of the $200 million, about 42 percent of the 911 fees that it collected in 2018, for uses other than the 911 systems across the state.

“Each year, the (FCC) reports to Congress on the collection and expenditur­e of 911 fees by states and territorie­s,” the FCC said in a statement. “These reports show that despite the critical importance of funding for 911 services, some states divert a portion of the funds collected for 911 to other purposes. Between 2012 and 2018 alone, states and other juris

dictions diverted over $1.275 billion in 911 fees to non-911 programs or to the state’s general fund.”

The FCC has started a so-called notice-of-inquiry that will look at the effect 911 fee diversion has on 911 services in the states that divert it. The FCC is also looking at ways that the commission can “discourage” such 911 fee diversion in the future.

“In addition, the (FCC) asks whether it could improve its annual 911 fee reporting process to further discourage fee diversion,” the FCC said in a statement. “Americans

place over 200 million emergency calls to 911 call centers each year.”

FCC board member Michael O’reilly said he was especially upset about New York’s 911 fee diversion.

“What is unconscion­able, even shameful, is that certain states hide behind labels like ‘public safety ’ to dupe consumers and shortchang­e 911 call centers,” O’reilly said in a statement published on the FCC website. “Yet, despite public reprimands and cajoling, these states simply refuse to change their diverting ways... In New York, I heard firsthand how local property taxes had to be increased at the county level to pay for 9-1-1 call answering centers to make up for the huge shortfalls in funds that were sup

posed to be sent by the New York State government. Similar stories can be told of the other states.”

Freeman Klopott, spokesman for the state Division of Budget, said he disagrees with the FCC’S findings.

“New York’s cellular surcharge is used to upgrade public safety communicat­ion systems and support emergency services operations, statewide, including through the provision of interopera­ble communicat­ions grants,” Klopott said. “These programs are providing critical funding to help first responders at all levels of government communicat­e faster and respond sooner.”

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