Subject: [NEXTEL-1] Inside E-911 Part IV- Congressional Testimony

From: [email-masked]
Date: Thu, 11 Sep 2003 18:23:42 -0400

Inside E-911 Part IV- Congressional Testimony

The Honorable Tim Berry
State Treasurer
State of Indiana
242 State House
Indianapolis, IN, 46204

Mr. Chairman, members of the Committee, Congressman Upton, thank you
very much for providing me with this opportunity to appear before you today. My
name is Tim Berry, and I serve as the Treasurer for the State of Indiana.

I'm honored to appear before the Subcommittee today. Especially today - a day
that is set aside for reflection and remembrance of the tragedies and lives lost
two years ago on this very date. It is a day to honor the courage and
selflessness of all emergency responders, particularly those who represent
9-1-1. September 11, nine-eleven or simply nine-one-one, reminds us all of
the importance of our work.

Let us not dwell upon the infamy of the anniversary, but rather ever more
dedicated to taking one of the many steps needed to improve our nation's
ability to respond to all emergencies, starting with the first responders among
first responders, our 9-1-1 leaders.

As the state-elected Treasurer, I have the pleasure of serving as the Chair of
Indiana's Wireless 9-1-1 Advisory Board, which gives me not only oversight of
Indiana's wireless E9-1-1 implementation, but also the opportunity to work
with public safety officials, private sector leaders and others on this very
important issue.

I'm here in part, to represent my colleagues in public safety: most notably
those who are members of the National Emergency Number Association
(NENA) and the Association of Public Safety Officials International (APCO), the
two groups that have guided much of these discussions to date.

[Attached to my testimony and of which I offer to the record with a full
endorsement is NENA and APCO's joint position paper on E9-1-1 legislation
before Congress].

I am a member of these organizations. NENA and APCO have been an
invaluable resource and service to my efforts in Indiana, and they are why I'm
here before you today. It was a NENA/APCO member, Mr. Ken Lowden of
Steuben County, Indiana who emphatically pushed me to get involved, almost
minutes after I was first elected in 1998.

Initially responding to a legislative duty and constituent request, E9-1-1 has
become one of my top priorities as an elected official, politician and parent.

It is this priority that is guiding me in making Indiana a model state in E9-1-1
deployment, and nationally working for the needs of Ken Lowden and his
many colleagues in Public Safety Answering Points (PSAPs) throughout our
nation.

My testimony, which is that of a state-elected official, is equally the story of
the
thousands of 9-1-1 leaders in this nation and their needs to help make 9-1-1
work like it should.

In discussing the E9-1-1 Implementation Act of 2003, I will ask: how is this
going to help Ken Lowden of Steuben County and his colleagues all across
the nation - the thousands of PSAPs who are dedicated to one thing, saving
lives.

E9-1-1 Fiscal Responsibility: End Abuse of 9-1-1 Monies In far too many
circumstances our nation's PSAPs are not ready to receive wireless E9-1-1
capable information because money that is intended to go to E9-1-1 services
is being spent on other government needs that may or may not pertain to
9-1-1. Instead of paying to deploy E9-1-1, these funds are misappropriated,
mis-allocated and flat out diverted away from their intended purpose, long
before a dime or even a nickel can be spent on helping a PSAP.

Several states have begun a disturbing trend, as Governors and state
legislatures, balance their books with funds collected for E9-1-1
implementation. While I know the Committee is keenly aware of these abuses
and practices, allow me to illustrate a point by sharing a recent example that
occurred this past summer, in North Carolina, a state that is home to NENA's
President, Richard Taylor.

North Carolina, like many states during these lean economic years has found
it difficult to balance the state's budget. Conversely, the state's Wireless 9-1-1

Fund has experienced a relative "boom economy" in the form of a steady
stream of revenue from state 9-1-1 fees collected on phone bills for the
deployment of E9-1-1. Given the number of wireless subscribers in North
Carolina, the fund has accumulated a balance of nearly 58 million dollars. A
somewhat anonymous program a few years back, this balance has not lasted
long. Raiding the fund in previous years, the North Carolina state legislature
became even more presumptuous during the last few days of this year's
legislative session. Typical of most state legislatures at the end of a session
the North Carolina Legislature was engaged in a heavy budget battle; striking
a direct hit on 9-1-1.

Late in the evening of June 30th, 2003, all 58 million dollars of the state's
Wireless 9-1-1 Fund was erased with a stroke of a pen, in passing the
balanced budget for the new fiscal year. This was done without consultation of
the state's Wireless 9-1-1 Board, which is comprised of wireless carriers and
PSAPs, much less any of the 9-1-1 professionals in the state. The results of
this action, were to discontinue funding to PSAPs for the next two years,
virtually erasing the state's 9-1-1 program and the path to E9-1-1 progress.

My friend, colleague, and president of NENA, Richard Taylor could do very little
to stop the legislature. A state appointed employee, Richard serves at the
pleasure of the Governor, and his hands were tied. The only hope was an
eleventh hour amendment, pushed by the state members of NENA and APCO
to offer a technical correction giving authority back to the Wireless 9-1-1 Board.

The technical amendment was finally passed, but even today, the Board still
must provide the requested money to the general fund.

H.R. 2898, the "E9-1-1 Implementation Act of 2003" is a positive first step to
change the behavior of states like North Carolina. Like my colleagues in NENA
and APCO, I support the withholding of federal grant monies from states and
political subdivisions that divert or misappropriate 9-1-1 monies from their
intended purpose.

As a state-elected official, former county official and particularly a fiscally
conservative treasurer, I find the act of diverting E9-1-1 funds reprehensible
and irresponsible. Not only is it careless accounting, its poor public policy,
robbing public safety and our citizens from one of the most important functions
of government; the ability to call for help.

While I equally encourage advising Congress and the publishing of
information regarding states that divert these funds, I draw caution to the
revision of FCC regulations that might hinder the ability of a PSAP to request
E9-1-1 implementation or challenge our ability to deploy more rapidly
throughout the nation.

Under the proposed legislation, Section 4 would inevitably penalize PSAPs, as
it would relieve wireless carriers of their obligation to provide E9-1-1 if a
state
diverted 9-1-1 monies. Ultimately this would punish the wrong party, for
something, as in the case of North Carolina, the PSAPs had no control over,
the state legislature. The revision of the FCC regulation, doesn't help Richard
Taylor of North Carolina or Ken Lowden of Indiana get money to deploy E9-1-1,
it gives the wireless carrier another opportunity for delay.

I respectfully request that Committee remove the section from consideration.

Federal Grant Monies for 9-1-1 Consistent with the policy goals of the
Wireless Public Safety Act of 2003 and the work of NENA and APCO before
this Committee, I support and encourage the availability of federal grant
monies for 9-1-1.

The costs of maintaining and operating a 9-1-1 system are significant and
necessary. Technical, operational and financial resources are required from
both the public and private sector. Reliability, redundancy, innovations and
challenges in modern communications are constantly re-defining 9-1-1 costs
and economies of scale.

Just this past June, a blue-ribbon task force of Nobel laureates, U.S. military
leaders, and other experts called for a $10.4 billion dollar investment in 9-1-1
services over five years. The call for increased 9-1-1 funding was part of a
homeland security budget analysis issued by the Independent Task Force on
Emergency Responders, led by former Senator Warren Rudman and former
White House terrorism and cyber-security chief Richard Clarke.

NENA's Strategic Wireless Action Team (SWAT), in which I'm participating in,
is producing similar large dollar amounts to improve our nation's 9-1-1
system.

Unfortunately, it's hard for local communities, and in some cases, states, to
keep up. Sometimes a one shot infusion of capital is needed to get the
community over the hump, other times a long term systemic plan is required
to ensure the most basic of service. The key is not to limit a grant program to
just giving money to those in need, but rather to implement an investment
strategy to reward success, cooperation, integration and interoperability within
our nation's 9-1-1 system.

To illustrate this point further, allow me to revisit my friend Ken Lowden, back
in my home state of Indiana. As I stated before, Ken runs the PSAP in Steuben
County located in northeast corner of our state. To the north of Ken, is
Michigan, to the east of Ken is Ohio, to the west and south of his border are
several rural Indiana counties. Steuben has a moderate to small population,
with a large summer tourist crowd and a consistent stream of travelers on two
of our nation's busiest Interstates: Interstate 69, going north and south and
Interstate 80 going east and west. In regard to 9-1-1, Ken and Steuben County
are bona fide leaders.

Under Ken's leadership, the state NENA chapter helped pass legislation to
create Indiana's Wireless Enhanced 9-1-1 Advisory Board, on which Ken
presently serves. This local leadership has given Ken the opportunity to lure
carriers, vendors and emerging technologies to deploy in Steuben. A model
community in APCO's Project Locate, Ken and Steuben County are in the
ninetieth percentile when it comes to our nation's PSAPs. Yet a few miles
down the road in Ohio, they have had difficulty in passing cost recovery
legislation, up north in Michigan PSAPs have struggled with regulatory
challenges, and some of Ken's neighbors in Indiana have yet to request
Phase II. However, the public, and specifically wireless subscribers, are
unaware of these shortcomings in our emergency communications network
as they travel in the tri-state area; they do not know which community is safer
and which is not.

It's this region and Ken that come to mind when I think of federal grants for
these purposes; not based strictly on need, but leadership and the
willingness to work with all stakeholders to improve emergency
communications.

Our nation's 9-1-1 system needs an inclusive planning process, rewarding
success and cooperation in PSAP readiness. The Ken Lowdens of 9-1-1
should be encouraged and replicated. We need more planning, not just on the
state level, but on the local level as well.

How do you implement a 9-1-1 grant program that fosters leadership, instead
of a handout from the federal government? How do you drive 9-1-1 deployment
and increase the awareness for integrated approaches? I believe the answer
is twofold: support coordination and implement grants with match threshold
that encourages diversity.

Whether or not this coordination occurs on a state, local or regional level, the
need is clear, coordination breeds success. Recognizing that the legal
authority over 9-1-1 varies from state to state, we as a nation would be well
served to encourage grants that support national standards and integration
and include actual leaders of emergency response for PSAPs, 9-1-1 and
emergency communications. We also should support a lowering of
non-federal matches to maximize E9-1-1 deployment and reward PSAP
readiness, first adopters and pioneering technology. This should help us
accelerate deployment in regions stymied by fiscal hardship, while
simultaneously encouraging 21st century-technology thinking. Ultimately, this
might require a 10/90 non-federal to federal match in some regions and an
80/20 in others, with the principle that we support larger federal matches in
specific cases and lower matches in others. And in a state like Indiana, where
we have a large number of E9-1-1 deployments, these matches could be
varied to speed up the process of PSAP readiness in the last remaining hold
out regions.

A grant program built around these fundamentals, coupled with a diverse set
of match threshold requirements is likely yield more positive results. Done
correctly, our nation is likely to have more Ken Lowdens when it comes to
deploying modern emergency communications.

National Coordination: The 9-1-1 Priority Enhanced 9-1-1 is a national
imperative, and we need to think of 9-1-1 as part of our nation's frontline to
emergency response and communications. Improving our nation's 9-1-1
system is long overdue. While some states and a few communities have had
success in wireless E9-1-1 we are still a long way away from modern
ubiquitous emergency communications that is needed in today's environment
of mobile communications and national security.

While I'm a strong advocate of state rights and leadership, I recognize the
different roles and leadership structures within government. To date, the
greatest burden of E9-1-1 has fallen on the Federal Communications
Commission (FCC). As the chief regulatory body, the FCC has demonstrated
a commitment to implement E9-1-1 to best of their expertise and charter;
commissioning the Hatfield report, organizing a coordination initiative,
supporting consumer awareness, and now planning for the involvement of the
National Reliability and Interoperability Council (NRIC). With all due respect to
the Commission and the wonderful work they do in leading our nation's
communications policies, we all know that the FCC can't do it alone.

The Administration recognized the challenges of the FCC and was able to
engage the United States Department of Transportation (USDOT) through the
Wireless Implementation Program, surveying state and county 9-1-1
coordinators and providing national information on readiness of states,
counties and PSAPs for wireless E9-1-1. The program has evolved over time
and has brought the bully pulpit of Secretary Mineta's office into the campaign.

As a state leader, I can attest firsthand to the need for federal guidance in
coordination and planning. I can equally attest that despite the tireless efforts
of the FCC and USDOT, more needs to be done.

Consistent with the policy objectives of the Wireless Public Safety Act of 1999, I

believe it is absolutely necessary for the federal government to begin
coordinating 9-1-1 planning and support for the deployment of modern
technologies.

I support a national Coordination Office, to serve as a "project manager" for
9-1-1; to help set national expectations, standards and improved deployment
timelines for E9-1-1 services. More than anything, as a project manager, the
national office should help in the nationwide role out of services that have
come to create national expectations for consumers. As a coordinating body
within government, this office would help us better utilize our national
resources in deploying 9-1-1 technologies.

Equally, I support the convening of an "Emergency Communications Task
Force" as proposed by HR. 2898's counterpart in the Senate, S.1250. An
Emergency Communications Task Force as outlined in the Senate bill
recognizes the roles of various federal agencies, Federal Communications
Commission, Department of Transportation, Department of Commerce,
Department of Justice, Department of Homeland Security, as well as national
organizations. As a task force, our nation's PSAPs, telecommunications
providers and technology services could help in the future planning for all
9-1-1 services. This task force would support the NENA mantra: 9-1-1
capabilities at anytime, any where from any device.

Consumer Expectations: Educating the Public and Review of Accuracy
Requirements When I first got involved in E9-1-1, I was amazed at the lack of
public information available about this life-saving service. And I had been a
politician long enough to know, that if we were going to make a difference in
Indiana, we would have to start educating the public. We started with a few
public service announcements on the radio for the fans of Indianapolis 500,
and now have blossomed into a comprehensive website, that provides county
by county, carrier by carrier information of all E9-1-1 deployments in our state.
Known simply as "911COVERAGE.ORG", this website has generated
consumer demand and knowledge on available E9-1-1 services in Indiana.
Consumers now have the E9-1-1 choice and information in the purchasing
wireless services. It's making a difference in our state deployments.

In supporting consumers, I feel it's equally important we provide the same
access for all consumers. I can not consciously accept a lower standard for
rural America, when it comes to E9-1-1.

Section 5 of HR. 2898 would ask the FCC to review rural accuracy
requirements for rural carriers and I believe this to be a mistake. While I'm
sympathetic to the challenges of rural E9-1-1 deployments, I'm troubled by the
initial requests and excuses by rural carriers to repeal progress. We have had
success in Indiana with our rural carriers and that success has been built on
the premises of partnership, with us emphasizing what you can do, and the
opportunity to do it, not what, can not be achieved.

Closing Comments As the state-elected treasurer of Indiana, I am tasked with
being the fiscal officer for the state's monies, which include 9-1-1. At the same
time, I've dedicated my professional life to serve the people. For me, fiscal
responsibility and the opportunity to serve the public, at perhaps the most
desperate hour, is an honor I take quite seriously.

While I don't have the same tenure and background in 9-1-1 as many of my
colleagues in public safety, I do have the same passion. I know what's at
stake, I know the sacrifices that must be made, I know the outcomes if we
don't succeed.

Unfortunately, far too often I share a different perspective than my fellow state
elected officials on this issue. This needs to change.

I ask the committee to review my comments on 9-1-1, with an eye on
improving the proposed legislation, but equally on improving the relationship
with all state-elected officials. For this, I ask the Members of the Committee to
meet with your respective state colleagues next time you're home and
encourage responsible fiscal guidance when it comes to 9-1-1 and
emergency communications.

9-1-1 saves lives. It's an essential part of our nation's homeland defense, our
safety and security, our neighborhoods and towns, our families and our future.

Again, I thank the Committee for the opportunity to testify today and look
forward to the work before us.

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