PAUL FALLON, DAILY MAIL STAFF, Charleston Daily Mail (West Virginia)

Kanawha County Commission President Kent Carper wants to know why the state diverted nearly $4 million in 911 fees last year from counties to state programs and agencies.

He is also looking into what he can do about it.

West Virginia is one of seven states that divert money from 911 fees on wireless phones away from 911 call centers, according to a recent Federal Communications Commission report.

The fees are tacked onto every cell phone bill in the state and were designed to help 911 centers pay for equipment and upgrade facilities, Carper said.

But last year West Virginia diverted $3.9 million of the $35.3 million in 911 fees collected.

“How many people would agree with their fee being used for something other than 911 centers?” Carper asked. “No one would.”

He sees it as a raid by the state.

Last year, about $1.16 million went to the State Police to pay for equipment that would allow troopers to communicate with 911 centers and other law enforcement agencies.

Another $1.76 million was distributed to the state Division of Homeland Security and Emergency Management to expand and maintain the interoperable radio system.

Another $1 million was distributed to the Public Service Commission. This money is used to fund construction of cell towers in underserved areas. Carper called this program a “farce.”

“Why should we take 911 fees and build cell phone towers that the private companies won’t build?” Carper asked.

Jimmy Gianato, director of West Virginia Division of Homeland Security and Emergency Management, said the towers are built in areas where people have limited or no cell phone service. That allows people in those areas to call 911 from their cell phones, he said.

The tower assistance fund has led to the construction of 21 cell phone towers around the state, Gianato said. The towers also improve communications between public safety agencies, which can use them for their own communications equipment, he said.

“I think these programs have been a tremendous success,” he said.

Gianato said the state’s interoperable radio system, which allows first responders to communicate with one another, is another successful program that has been funded by the 911 fees. In fact, Gianato said the state would not be able to expand or maintain the system without the $1.76 million.

State police use funds to purchase radio equipment that allows troopers to talk to county 911 centers, deputies and city police officers.

Carper said the interoperable radio system program and the state police are worthwhile causes but the 911 fee revenue is supposed to go to the 911 centers themselves, he said.

“There is no reason or excuse to take away money that is directed to a specific use,” he said.

The Legislature determined that the 911 fees would be siphoned for other projects in the mid 2000s.

Carper is studying how he can get this changed.

Carper said he would take his concerns to the “proper authorities,” which include the Legislature and the state Public Service Commission.

Kanawha County receives about $2.2 million in 911 fee revenue every year, Kanawha County Metro 911 Director Carolyn Charnock said. The 911 center’s budget for the current fiscal year is about $7 million, she said.

Charnock estimates the county would receive “several hundred thousand dollars” more if the state did not divert fees to other projects.

Public Service Commission spokeswoman Susan Small did not have exact figures on how much more counties would receive if the funds were not diverted.

As part of the report, the FCC is seeking public comment. The agency is asking for comment as to whether it should recommend to Congress that the distribution and collection of the fees be changed.

Arizona, Illinois, Oregon, Rhode Island, South Dakota and Virginia also divert 911 fees.

Arizona collected $16.2 million in 911 fees; Illinois collected $69.7 million; Oregon collected $39.5 million; Rhode Island collected $15.4 million; South Dakota collected $8.1 million; and Virginia collected $53.2 million.

Arizona allocated $2.4 million to the state’s general fund. Illinois took $13.6 million in 911 fees for the general fund. The state also took an additional $6.6 million for the general fund.

However, the $6.6 million must be paid back to the wireless fund, according to the FCC report.

The interest accrued from Oregon’s 911 fund went into the state’s general fund. Rhode Island transferred $10.8 million from the 911 fees to the state’s general fund.

South Dakota could not provide information as to where the funds were allocated at the time of the FCC report. Virginia provides $8 million in 911 fees to sheriff’s dispatchers.

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