585-X-4-.09 Additional Distributions To Emergency Communication Districts From The Cost Recovery Fund.
(1) The Board recognizes that it is of utmost importance that each Emergency Communication District (ECD) validly formed and operating within the State of Alabama as of September 30, 2011, at a minimum, be made whole, as contemplated by the passage of Act 2012-293 and adoption of the statewide 911 charges heretofore made.
(a) Purpose - This rule establishes the authorized uses of the separate account funded by the statewide 911 charges remitted to the Alabama 911 Board, specifically for carrier and Emergency Communication District (ECD) services.
(b) Allocation of Funds
i. Primary Use of Funds - Except as otherwise provided in Section 11-98-4.1(6), the Alabama 911 Board shall deposit each month into a separate account—whether or not part of the 911 Fund —an amount equal to the remaining balance of the statewide 911 charges remitted for that month. These funds shall be used exclusively for:
• Costs related to administering a statewide 911 voice and data system in compliance with FCC technological requirements and Section 11-98-4.1(e)(8). Examples include: recurring network charges for call delivery, periodic and/or recurring licenses for user access to data maintenance platforms, NG911 GIS services, language translation services, transitional costs from legacy to NG911, etc.
• Payment of actual and direct costs incurred by CMRS providers in complying with wireless E-911 service requirements established by the FCC Order and any related FCC rules or regulations. Eligible costs include, but are not limited to: Designing, upgrading, purchasing, leasing, programming, installing, testing, or maintaining necessary data, hardware, and software for Phase II Enhanced 911. Incremental costs of operating Phase II Enhanced 911.
ii. Secondary Use of Funds - After fulfilling the obligations in paragraph (a), any remaining funds may be allocated for the
• Funding required training and certification of public safety telecommunicators in 11- 98-4.1 (e) (9) and 11-98-16.
• Funding advisory services provided to ECDs by the Board under 11-98-4.1.
• Funding a grant program for ECDs demonstrating financial hardship.
• Equal distribution among ECDs, as determined by majority vote of the Board.
(c) Fiscal Year-End Balance The Board establishes the maximum allowable balance to be carried over in the Carrier and ECD Services account at the conclusion of each fiscal year as not to exceed one month’s baseline distribution due to ECDs. (2) In the event two or more ECDs have consolidated during the preceding fiscal year or consolidated before a Board decision regarding additional distributions to ECDs in November, then if a distribution is made, the distribution that an ECD would have received prior to consolidation shall be made to the consolidated, surviving ECD.
Author: Leah Missildine
Statutory Authority: Code of Ala. 1975, §§11-98-1; 11-98-4.1; 11-98-5, 11-98-5.2, 11-98-6, as amended.
History: New Rule: Filed May 16, 2018; effective June 30, 2018.
Amended: Published May 29, 2020, effective July 13, 2020.
Amended: Published November 27, 2024; effective January 11, 2025.
Amended: Published December 31, 2025; effective February 14, 2026.