**DA 09-205**

**February 6, 2009**

> **OMB Control Number 3060-1122**

**INFORMATION COLLECTION MANDATED BY THE NEW AND EMERGING TECHNOLOGIES
IMPROVEMENT ACT OF 2008**

**PS DOCKET NO. 09-14**

The New and Emerging Technologies 911 Improvement Act of 2008 (NET 911
Act) became law on July 23, 2008, requiring Internet Protocol (IP)
enabled voice service providers to provide 911 and enhanced 911 (E911)
services, and requiring various regulatory undertakings by the Federal
Communications Commission.[^1] Pursuant to Section 6(f)(2) of the NET
911 Act, the Commission must collect information regarding any fees
collected by the states or other jurisdictions in connection with
911/E911 services, specifically, information "detailing the status in
each State of the collection and distribution of such fees or charges,
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."[^2]
On January 26, 2009, the Commission received authorization from the
Office of Management Budget to implement a data collection program.[^3]
Pursuant to that authorization, the Public Safety and Homeland Security
Bureau seeks the following specific information in order to fulfill the
Commission's obligations under Section 6(f)(2) of the NET 911 Act:

-   A statement as to whether or not the state or other entity as
    defined by Section 6(f)(1) of the NET 911 Act has established a
    funding mechanism designated for or imposed for the purposes of 911
    or E911 support or implementation (including a citation to the legal
    authority for such mechanism).

-   The amount of the fees or charges imposed for the implementation and
    support of 911 and E911 services, and the total amount collected
    pursuant to the assessed fees or charges, for the annual period
    ending December 31, 2008.

-   A statement describing how the funds collected are made available to
    localities, and whether the state has established written criteria
    regarding the allowable uses of the collected funds, including the
    legal citation to such criteria.

-   A statement identifying any entity in the state that has the
    authority to approve the expenditure of funds collected for 911 or
    E911 purposes, and a description of any oversight procedures
    established to determine that collected funds have been made
    available or used for the purposes designated by the funding
    mechanism, or otherwise used to implement or support 911 or E911.

-   A statement whether all the funds collected for 911 or E911 purposes
    have been made available or used for the purposes designated by the
    funding mechanism, or otherwise used for the implementation or
    support of 911 or E911.

-   A statement identifying 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 a statement identifying the unrelated purposes
    for which the funds collected for 911 or E911 purposes were made
    available or used.

-   Any other comments the respondent may wish to provide regarding the
    applicable funding mechanism for 911 and E911.

Letters seeking the information described here will be mailed to the
Office of the Governor of each state and territory, and Tribal
Government of each Native American Reservation. Copies also will be sent
to the Secretary of State, Public Utility Commission Chairman, and 911
Director of each state and equivalent offices in the territories and
reservations.

Consistent with Section 6(f) of the NET 911 Act, the Commission requests
that state officials report the information identified in this Public
Notice with respect to fees and charges collected in connection with the
implementation and support of 911 or E911 services within their state,
including any political subdivision thereof, Indian tribe and/or village
and regional corporation serving any region established pursuant to the
Alaska Native Claims Settlement Act that otherwise lie within their
state boundaries.[^4] In addition, consistent with the definition of
"State" set out in 47 U.S.C. 153(40), the Commission will collect this
information from states as well as the District of Columbia, and the
inhabited U.S. Territories and Possessions.

The information hereby collected will be reviewed by the Public Safety
and Homeland Security Bureau. Pursuant to Section 6(f)(2) of the NET 911
Act, the Commission is required to file "within 1 year after the date of
enactment of the \[NET 911 Act\], and annually thereafter" a report with
the Congress "detailing the status in each State of the collection and
distribution of such fees or charges, 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."[^5]

Information submitted pursuant to this information collection should be
submitted in a NET 911 electronic drop box located at
[https://esupport.fcc.gov/actonline]{.underline}, and should be
submitted no later than March 23, 2009. Filed information must include
verification and signature by an official identified in the filing. The
information filing should be submitted on an official (letterhead)
document of the signatory's agency which is then uploaded to the
electronic drop box by attaching an electronic copy of the document and
hitting "send."

Filers may also fax or mail a copy of the signed document to the
Commission's Secretary, and should reference PS Docket No. 09-14.

-   Paper Filers: Parties who choose to file by paper must file an
    original and four copies of each filing.

-   Filings can be sent by hand or messenger delivery, by commercial
    overnight courier, or by first-class or overnight U.S. Postal
    Service mail (although the Commission continues to experience delays
    in receiving U.S. Postal Service mail). All filings must be
    addressed to: Marlene H. Dortch, Office of the Secretary, Federal
    Communications Commission, 445 12th Street, SW, Washington,
    D.C. 20554. Parties must also serve one copy with the Commission's
    copy contractor, Best Copy and Printing, Inc. (BCPI), Portals II,
    445 12th Street, SW, Room CY-B402, Washington, D.C. 20554, (202)
    488-5300, or via e-mail to fcc@bcpiweb.com.

-   The Commission's contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission's Secretary at
    236 Massachusetts Avenue, NE, Suite 110, Washington, D.C. 20002. The
    filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
    deliveries must be held together with rubber bands or fasteners. Any
    envelopes must be disposed of before entering the building.

-   Commercial overnight mail (other than U.S. Postal Service Express
    Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
    Capitol Heights, M.D. 20743.

-   U.S. Postal Service first-class, Express, and Priority mail should
    be addressed to 445 12th Street, SW, Washington, D.C. 20554.

-   Fax Filers: Filings may be faxed to (202) 418-2824.

-   People with Disabilities: To request materials in accessible formats
    for people with disabilities (Braille, large print, electronic
    files, audio format), send an e-mail to [fcc504@fcc.gov]{.underline}
    or call the Consumer & Governmental Affairs Bureau at 202-418-0530
    (voice), 202-418-0432 (tty).

**FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT**

As required by the Paperwork Reduction act of 1995 (44 U.S.C. § 3507),
the FCC is notifying the public that it received OMB approval on January
26, 2009, for the collection of information described in this Public
Notice. Public reporting burden for this collection of information is
estimated to be ten to fifty hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection
of information. This collection of information is for the purpose of
assisting the Commission in carrying out provisions of the NET 911 Act.
This collection is mandatory under the New and Emerging Technologies 911
Improvement Act of 2008, Pub. L. No. 110-283, 122 Stat. 2620 (2008).
Send comments regarding this burden estimate, or any other aspect of
this collection of information, including suggestions for reducing the
burden to Federal Communications Commission, AMD-PERM, Washington, DC
20554, Paperwork Reduction Project (3060-1122), or via the Internet to
PRA@fcc.gov. DO NOT SEND ELECTION LETTERS TO THIS ADDRESS.

Under 5 CFR § 1320, an agency may not conduct or sponsor a collection of
information unless it displays a currently valid OMB Control Number. No
person shall be subject to any penalty for failing to comply with a
collection of information subject to the Paperwork Reduction Act (PRA)
that does not display a currently valid OMB Control Number. **This
collection has been assigned OMB Control Number 3060-1122 and its
expiration date is January 31, 2012.**

THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995,
PUBLIC LAW 104-13, OCTOBER 1, 1995, 44 U.S.C. 3507.

\-- FCC \--

[^1]: New and Emerging Technologies 911 Improvement Act of 2008, Pub. L.
    No. 110-283, 122 Stat. 2620 (2008) (NET 911 Act).

[^2]: *Id*. at §6(f)(2). Section 6(f)(1) of the NET 911 Act affirms the
    ability of "\[a\] State, political subdivision thereof, Indian
    tribe, or village or regional corporation serving a region
    established pursuant to the Alaska Native Claims Settlement Act, as
    amended ..." to collect fees or charges "\[applicable\] to
    commercial mobile services or IP-enabled voice services ... for the
    support or implementation of 9-1-1 or enhanced 9-1-1 services,
    provided that the fee or charge is obligated or expended only in
    support of 9-1-1 and enhanced 9-1-1 services, or enhancements of
    such services, as specified in the provision of State or local law
    adopting the fee or charge. For each class of subscribers to
    IP-enabled voice services, the fee or charge may not exceed the
    amount of any such fee or charge applicable to the same class of
    subscribers to telecommunications services." NET 911 Act at
    §6(f)(1).

[^3]: Letter from Kevin F. Neyland, Deputy Administrator, Office of
    Information and Regulatory Affairs, Office of Management and Budget,
    OMB Control Number 200812-3060-008 (Jan 26, 2009).

[^4]: *See* NET 911 Act, Section 6(f)(1).

[^5]: *Id.* Section 6(f)(2) specifically directs the Commission to file
    its reports with the Committee on Commerce, Science and
    Transportation of the Senate and the Committee on Energy and
    Commerce of the House of Representatives.