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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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