1122ss_030818

Preparation of Annual Reports to Congress for the Collection & 3060-1122

Expenditure of Fees or Charges for Enhanced 911 (E911) Services March 2018

under the NET 911 Improvement Act of 2008

SUPPORTING STATEMENT

A. Justification:

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection.

This information collection enables the Federal Communications Commission (Commission) to fulfill its continuing obligations under the New and Emerging Technologies 911 Improvement Act of 2008, Pub. L. No. 110-283, 122 Stat. 2620 (2008) (NET 911 Act) to submit an annual “Fee Accountability Report” to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives “detailing the status in each State of the collection and distribution [of] fees or charges” for “the support or implementation of 911 or enhanced 911 services,” including “findings on the amount of revenues obligated or expended by each State or political subdivision thereof for any purpose other than the purpose for which any such fees or charges are specified.” (NET 911 Act, 122 Stat. at 2622) The statute directs the Commission to submit annual reports.

The Commission previously revised this information collection to collect more detailed information regarding how states, territories, and other reporting jurisdictions collect and expend 911/E911 fees. In this current submission to the Office of Management and Budget (OMB), we are now seeking OMB approval to extend the existing information collection requirements of this collection for another three years.

This information collection does not affect individuals or households; thus, there are no impacts under the Privacy Act.

Statutory authority for this information collection is contained in New and Emerging Technologies 911 Improvement Act of 2008, Pub. L. No. 110-283, 122 Stat. 2620 (2008) (NET 911 Act).

2. Indicate how, by whom and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

The Commission will collect information for the preparation of the annual Fee Accountability Report through a survey that appropriate officials of States (e.g., State 911 Administrators and Budget Officials) and political subdivision thereof, Indian tribes, and village or regional corporations serving a region established pursuant to the Alaska Native Claims Settlement Act, as amended (85 Stat. 688) can use to submit data pertaining to the collection and distribution of revenues from fees and charges for the support or implementation of 911 or enhanced 911 services, including the use of such collected fees and charges for any purpose other than for the support or implementation of 911 or enhanced 911 services. In addition, consistent with the definition of “State” set forth in 47 U.S.C. § 153(40) of the Communications Act, the Commission will collect this information from states as well as the District of Columbia and the inhabited U.S. Territories and possessions.

Specifically, the Commission proposes to ask the following questions:

1. Name of State or Jurisdiction

State or Jurisdiction

2. Name, Title and Organization of Individual Filing Report

Name	Title	Organization

1. Overview of State or Jurisdiction 911 System

1. Please provide the total number of active Public Safety Answering Points (PSAPs) in your state or jurisdiction that receive funding derived from the collection of 911/E911 fees during the annual period ending December 31, [YEAR]:

PSAP Type1	Total
Primary
Secondary
Total

2. Please provide the total number of active telecommunicators² in your state or jurisdiction that were funded through the collection of 911 and E911 fees during the annual period ending December 31, [YEAR]:

Number of Active Telecommunicators	Total
Full-Time
Part-time

3. For the annual period ending December 31, [YEAR], please provide an estimate of the total cost to provide 911/E911 service in your state or jurisdiction.

Amount ($)

3a. If an amount cannot be provided, please explain why.

4. Please provide the total number of 911 calls your state or jurisdiction received during the period January 1, [YEAR] to December 31, [YEAR].

Type of Service	Total 911 Calls
Wireline
Wireless
VoIP
Other
Total

2. Description of Authority Enabling Establishment of 911/E911 Funding Mechanisms

1. Has your State, or any political subdivision, Indian tribe, village or regional corporation therein as defined by Section 6(f)(1) of the NET 911 Act, established a funding mechanism designated for or imposed for the purposes of 911 or E911 support or implementation (please include a citation to the legal authority for such mechanism)? Check one.

• Yes …………………..

• No ………………..…..

1a. If yes, provide a citation to the legal authority for such a mechanism.

1b. If yes, during the annual period January 1 - December 31, [YEAR], did your state or jurisdiction amend, enlarge, or in any way alter the funding mechanism.

2. Which of the following best describes the type of authority arrangement for the collection of 911/E911 fees? Check one.

• The State collects the fees …………………………………..

• A Local Authority collects the fees ………………………..

• A hybrid approach where two or more governing bodies

(e.g., state and local authority) collect the fees ……………..

3. Describe how the funds collected are made available to localities.

3. Description of State or Jurisdictional Authority That Determines How 911/E911 Fees are Spent

Indicate which entities in your state have the authority to approve the expenditure of funds collected for 911 or E911 purposes.
Jurisdiction	Authority to Approve Expenditure of Funds (Check one)
	Yes	No
State
Local (e.g., county, city, municipality)
1a. Please briefly describe any limitations on the approval authority per jurisdiction (e.g., limited to fees collected by the entity, limited to wireline or wireless service, etc.)

2. Has your state established a funding mechanism that mandates how collected funds can be used? Check one.

• Yes …………………..

• No ………………..…..

2a. If you checked YES, provide a legal citation to the funding mechanism of any such criteria.

2b. If you checked NO, describe how your state or jurisdiction decides how collected funds can be used.

4. Description of Uses of Collected 911/E911 Fees

1. Provide a statement identifying with specificity all activities, programs, and organizations for whose benefit your state, or political subdivision thereof, has obligated or expended funds collected for 911 or E911 purposes and how these activities, programs, and organizations support 911 and E911 services or enhancements of such services.

Please identify the allowed uses of the collected funds. Check all that apply.
Type of Cost		Yes	No
Operating Costs	Lease, purchase, maintenance of customer premises equipment (CPE) (hardware and software)
	Lease, purchase, maintenance of computer aided dispatch (CAD) equipment (hardware and software)
	Lease, purchase, maintenance of building/facility
Personnel Costs	Telecommunicators’ Salaries
	Training of Telecommunicators
Administrative Costs	Program Administration
	Travel Expenses
Dispatch Costs	Reimbursement to other law enforcement entities providing dispatch
	Lease, purchase, maintenance of Radio Dispatch Networks
Grant Programs		If Yes, see 2a.
2a. During the annual period ending December 31, [YEAR], describe the grants that your state paid for through the use of collected 911/E911 fees and the purpose of the grant.

5. Description of 911/E911 Fees Collected

Please describe the amount of the fees or charges imposed for the implementation and support of 911 and E911 services. Please distinguish between state and local fees for each service type.
Service Type	Fee/Charge Imposed	Jurisdiction Receiving Remittance (e.g., state, county, local authority, or a combination)
Wireline
Wireless
Prepaid Wireless
Voice Over Internet Protocol (VoIP)
Other

2. For the annual period ending December 31, [YEAR], please report the total amount collected pursuant to the assessed fees or charges described in Question F 1.

Service Type	Total Amount Collected ($)
Wireline
Wireless
Prepaid Wireless
Voice Over Internet Protocol
Other
Total

2a. If an amount cannot be provided, please explain why.

3. Please identify any other sources of 911/E911 funding.

Question	Yes	No
For the annual period ending December 31, [YEAR], were any 911/E911 fees that were collected by your state or jurisdiction combined with any federal, state or local funds, grants, special collections, or general budget appropriations that were designated to support 911/E911/NG911 services? Check one.
4a. If Yes, please describe the federal, state or local funds and amounts that were combined with 911/E911 fees.

Please provide an estimate of the proportional contribution from each funding source towards the total cost to support 911 in your state or jurisdiction.	Percent
State 911 Fees
Local 911 Fees
General Fund - State
General Fund - County
Federal Grants
State Grants

6. Description of Diversion or Transfer of 911/E911 Fees for Other Uses

Question		Yes	No
In the annual period ending December 31, [YEAR], were funds collected for 911 or E911 purposes in your state or jurisdiction made available or used solely for purposes designated by the funding mechanism identified in Question 5? Check one.
1a. If No, please identify what amount of funds collected for 911 or E911 purposes were made available or used for any purposes other than the ones designated by the funding mechanism or used for purposes otherwise unrelated to 911 or E911 implementation or support, including any funds transferred, loaned, or otherwise used for the state's general fund. Along with identifying the amount, please include a statement identifying the non-related purposes for which the collected 911 or E911 funds were made available or used.
Amount of Funds ($)	Identify the non-related purpose(s) for which the 911/E911 funds were used. (Add lines as necessary)

7. Oversight and Auditing of Collection and Use of 911/E911 Fees

Question	Yes	No
Has your state established any oversight or auditing mechanisms or procedures to determine whether collected funds have been made available or used for the purposes designated by the funding mechanism or otherwise used to implement or support 911? Check one.
1a. If yes, provide a description of the mechanisms or procedures and any enforcement or other corrective actions undertaken in connection with such auditing authority, for the annual period ending December 31, [YEAR]. (Enter “None” if no actions were taken.)

Question	Yes	No
Does your state have the authority to audit service providers to ensure that the amount of 911/E911 fees collected form subscribers matches the service provider’s number of subscribers? Check one.
2a. If yes, provide a description of any auditing or enforcement or other corrective actions undertaken in connection with such auditing authority, for the annual period ending December 31, [YEAR]. (Enter “None” if no actions were taken.)

8. Description of Next Generation 911 Services and Expenditures

Question	Yes	No
Does your state or jurisdiction classify expenditures on Next Generation 911 as within the scope of permissible expenditures of funds for 911 or E911 purposes? Check one.
1a. If yes, in the space below, please cite any specific legal authority:

Question	Yes	No
In the annual period ending December 31, [YEAR], has your state or jurisdiction expended funds on Next Generation 911 programs? Check one.
2a. If yes, in the space below, please enter the dollar amount that has been expended.

For the annual period ending December 31, [YEAR], please describe the type and number of NG911 Emergency Service IP Network(s) (ESInets) that operated within your state.
Type of ESInet	Yes	No	If Yes, Total PSAPs Operating on the ESInet	If Yes, does the type of ESInet interconnect with other state, regional or local ESInets?
				Yes	No
A single, state-wide ESInet
Local (e.g., county) ESInet
Regional ESInets			[If more than one Regional ESInet is in operation, in the space below, provide the total PSAPs operating on each ESInet]
Name of Regional ESInet:
Name of Regional ESInet:

4. Please provide a description of any NG911 projects completed or underway during the annual period ending December 31, [YEAR].

Question	Total PSAPs Accepting Texts
During the annual period ending December 31, [YEAR], how many PSAPs within your state implemented text-to-911 and are accepting texts?
Question	Estimated Number of PSAPs that will Become Text Capable
In the next annual period ending December 31, [YEAR], how many PSAPs do you anticipate will become text capable?

9. Description of Cybersecurity Expenditures

Question	Check the appropriate box		If Yes, Amount Expended ($)
During the annual period ending December 31, [YEAR], did your state expend funds on cybersecurity programs for PSAPs?	Yes	No

Question	Total PSAPs
During the annual period ending December 31, [YEAR], how many PSAPs in your state either implemented a cyber security program or participated in a regional or state-run cyber security program?

Question	Yes	No	Unknown
Does your state or jurisdiction adhere to the National Institute of Standards and Technology Framework for Improving Critical Infrastructure Cybersecurity (February 2014) for networks supporting one or more PSAPs in your state or jurisdiction?

10. Measuring Effective Utilization of 911/E911 Fees

1. Please provide an assessment of the effects achieved from the expenditure of state 911/E911 or NG911 funds, including any criteria your state or jurisdiction uses to measure the effectiveness of the use of 911/E911 fees and charges. If your state conducts annual or other periodic assessments, please provide an electronic copy (e.g., Word, PDF) of the latest such report upon submission of this questionnaire to the FCC or provide links to online versions of such reports in the space below.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other form of information technology e.g., permitting electronic submission of responses, and the bases for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

The Commission’s Public Safety and Homeland Security Bureau will collect these reports through a physical survey sent to political entities and subdivisions (e.g., States, Territories and Indian tribes). Respondents that are subject to state regulations requiring the reporting of similar information may meet the requirements of the NET 911 Act by submitting the state report, provided that the state report includes the information that will enable the Commission to fulfill its statutory obligation to annually prepare a Fee Accountability Report “detailing that status in each State of the collection and distribution of such fees or charges [for support or implementation of 911 or enhanced 911 services], and including findings on the amount of revenues obligated or expended by each state or political subdivision thereof for any purpose other than the purpose for which any such fees or charges are specified.” (NET 911 Act, 122 STAT. at 2622).

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in item 2 above.

As noted in the response to number three above, if there are respondents that are subject to state regulations requiring the reporting of similar information, the submission to the Commission of such a report may meet the Commission’s needs for fulfilling its NET 911 Act obligation to prepare an annual Fee Accountability Report for Congress. This is contingent on such a state report containing the relevant information necessary for the Commission to prepare a report “detailing that status in each State of the collection and distribution of such fees or charges [for support or implementation of 911 or enhanced 911 services], and including findings on the amount of revenues obligated or expended by each state or political subdivision thereof for any purpose other than the purpose for which any such fees or charges are specified.” (NET 911 Act, 122 STAT. at 2622) This information collection is not otherwise available elsewhere. This is a unique information collection that does not duplicate existing data. This information collection was created specifically to meet the requirements of the Fee Accountability Report provision of the NET 911 Act, and must be submitted by the Commission to Congress annually.

1. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

No small businesses or other small entities are burdened by the information collection sought by the Commission in order to fulfill its statutory obligation to produce for Congress an annual Fee Accountability Report. The proposed information collection does not seek information from small businesses. To the extent that there are government entities of small government jurisdictions that are the relevant source for the information the Commission seeks, it is likely that the information is already gathered by the entity as part of its normal course of conducting its administrative affairs. It is reasonable to expect that it is “usual and customary” that data regarding the collection and expenditure of revenues by government entities of any size is maintained by that government entity. In accordance with section 1320.3(b)(1)(ix)(2), the provision of the data sought by the Commission for this information collection does not constitute a “burden” on such entities (5 CFR § 1320.3(b)(1)(ix)(2)).

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

Failure to collect the relevant information necessary for the Commission to prepare annually a report “detailing that status in each State of the collection and distribution of such fees or charges [for support or implementation of 911 or enhanced 911 services], and including findings on the amount of revenues obligated or expended by each state or political subdivision thereof for any purpose other than the purpose for which any such fees or charges are specified” will prevent the Commission from discharging its statutory obligation to submit an annual Fee Accountability Report to Congress that provides this information. (NET 911 Act, 122 STAT. at 2622). The information sought by the Commission is essential to its compliance with the Fee Accountability Report obligation of the NET 911 Act.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner inconsistent with the guidelines in 5 CFR § 1320.5(d)(2).

Consistent with section 1320.5(d)(2) of OMB’s PRA regulations requiring that the “collection of information is necessary to satisfy statutory requirements” (5 CFR § 1320.5(d)(2)), this information collection is tailored strictly for the purpose of compliance with the Commission’s statutory obligation under the Net 911 Act that it produce an annual Fee Accountability Report to Congress. (NET 911 Act, 122 STAT. at 2622) There are no special circumstances that would cause this information collection to be conducted in a manner inconsistent with the guidelines in 5 CFR § 1320.5(d)(2).

1. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency’s notice, required by 5 CFR § 1320.8(d), soliciting comments on the information prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported.

Pursuant to the Paperwork Reduction Act of 1995 (PRA), the Commission issued a 60-day Federal Register notice on January 4, 2018 (83 FR 526) seeking comments on the burden of complying with the information. No PRA comments were received as a result of the notice.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

No payment or gift to respondents has been or will be made.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

There were no assurances of confidentiality provided to respondents. The Commission’s rules address the issue of confidentiality at sections 0.457, 0.459, and 0.461 (47 CFR §§ 0.457, 0.459, and 0.461). These rules address access to records that are not routinely available to the public, requests and requirements that materials submitted to the Commission be withheld from public inspection, and requests for inspection of materials not routinely available for public inspection.

11. Provide additional justification for any questions of a sensitive nature.

The reporting requirement does not entail questions of a sensitive nature that are commonly considered private, beyond the national security and commercial basis for confidentiality that are covered by the response at 10, above.

12. Provide estimates of the hour burden of the collection of information. The statement should: indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance.

We estimate that 56 respondents will file reports. The frequency of response will be annual. The average burden will be 55 hours per response. Thus, we estimate that the respondents will take a total of 3,080 burden hours to review and complete their reports in response to their obligations under the NET 911 Act. This estimate is based on Commission staff's knowledge and familiarity with the availability and accessibility of the data required to fulfill the information collection.

Total number of Respondents and Responses: 56

Total Annual Burden Hours: 56 responses x 55 hours = 3,080 hours

We assume that each respondent will have one accountant and one attorney participate in the information collection and assume that the salaries are equivalent to GS-13, step 10 and GS-15, step 5 respectively. Thus, we estimate that the total “in-house” cost to all respondents will be:

Specialist at $126,062/year ($60.40/hour) $60.40 x1,540 hours = $93,016.00

Attorney at $152,760/year ($73.20/hour) $73.20 x 1,540 hours = $112,728.00

Summary of Total In-House Costs: $93,016.00+ $112,728.00 = $205,744.00

13. Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden shown in items 12 and 14).

The Commission believes that this information collection will not impose any cost burden on respondents from either capital or start-up costs, or from operation and maintenance of equipment, or from purchase of outside services.

14. Provide estimates of annualized costs to the Federal government. Also provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expenses that would not have been incurred without this collection of information.

We estimate that the total annual cost to the Federal Government, based on the salaries of one attorney (GS-15, step 5) and one public utility specialist (GS-13, step 10), with each staff person spending approximately ¼ (520 hours) of their work time on the information collected:

Specialist GS-13, step 10 at $60.40/hr wage.                  $60.40 x 520 =   $31,408.00

Attorney GS-15, step 5 at $73.20/hr wage.                    $73.20 x 520 =   $38,064.00

$31,408.00 + $38,064.00 + 20,841.60 (30% overhead) = $90,313.60

Total Cost to the Federal Government = $90,313.60

15. Explain the reasons for any program changes or adjustments reported.

There is no change in the Commission’s previous burden estimates.

16. For collections of information whose results will be published, outline plans for tabulation and publication.

Pursuant to the NET 911 Act, the Commission is required to report the results of the collection to Congress on July 22, 2009, and once annually thereafter.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

The Commission does not intend to seek approval to not display the expiration date of the information collection from OMB.

18. Explain any exceptions to the statement certifying compliance with 5 CFR § 1320.9 and the related provisions of 5 CFR § 1320.8(b)(3).

There are no exceptions to the certification statement.

B. Collections of Information Employment Statistical Methods:

This information collection does not employ any statistical methods.

1 A Primary PSAP is one to which 911 calls are routed directly from the 911 Control office. A secondary PSAP is one to which 911 calls are transferred from a Primary PSAP. See National Emergency Number Association, Master Glossary of 9-1-1 Terminology (Master Glossary), July 29, 2014, at 118, 126, available at https://c.ymcdn.com/sites/www.nena.org/resource/resmgr/Standards/NENA-ADM-000.18-2014_2014072.pdf .

2 A telecommunicator, also known as a call taker or a dispatcher, is a person employed by a PSAP who is qualified to answer incoming emergency telephone calls and/or who provides for the appropriate emergency response either directly or through communication with the appropriate PSAP. See Master Glossary at 137.