9-1-1 Funding and Governance of 9-1-1 Funding

Law Dog filed this request with the Illinois State Police of Illinois.

It is a clone of this request.

Tracking #

21-3510

Status
Rejected

Communications

From: Law Dog

To Whom It May Concern:

Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:

This Freedom of Information Request is submitted to the Illinois State Police’s and its Statewide 9-1-1 Administrator’s Office seeking the following information and data:

1) Copies of 9-1-1 Surcharge revenue disbursement made to every 9-1-1 Authority/ETSB, broken down by Zip Code, for Calendar Year 2019, 2020 and YTD 2021
2) Copies of all AR 9-1-1 Reports submitted by each ETSB and/or 9-1-1 Authority to the ICC/ISP for calendar year 2019, 2020, and YTD 2021

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

From: Illinois State Police

Re: FOIR # 21-3510 Extension

The Illinois State Police acknowledges receipt of your FOIA request. (See attached request). A response to your request is due 11/17/2021. However, additional time is needed to respond to your request. In accordance with Section 3(e) of the Freedom of Information Act (5 ILCS 140/3 (e)), the response due date is being unilaterally extended to 11/24/2021. The basis for this extension is as follows:

_____ The requested records are stored in whole or in part at another location.

_____ The request requires the collection of a substantial number of records.

_____ The request is stated in categorical terms which requires an extensive search for the records requested.

__X __ The requested records have not yet been located and additional time is needed to complete the search.

__X__ The requested records require examination and evaluation to determine if the documents are exempt from disclosure and/or must be redacted.

__X__ The requested records cannot be provided within the prescribed time frame without causing an undue burden or interfering with the operation of the Department.

_____ Consultation is needed with another public body in order to respond to the request.

Note - Extending the deadline to the above-referenced date does not necessarily mean a response and/or public records will be provided to you by that date. FOIA requests are reviewed in the order in which they are received.

Your patience is appreciated.

Freedom of Information Act Unit

State of Illinois - CONFIDENTIALITY NOTICE: The information contained in this communication is confidential, may be attorney-client privileged or attorney work product, may constitute inside information or internal deliberative staff communication, and is intended only for the use of the addressee. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify the sender immediately by return e-mail and destroy this communication and all copies thereof, including all attachments. Receipt by an unintended recipient does not waive attorney-client privilege, attorney work product privilege, or any other exemption from disclosure.

From: Illinois State Police

Good Afternoon –

Your FOIA request has been assigned the following tracking number: FOIR #21-3510. Please refer to this number in all future correspondence relating to your request.

Your FOIA request is being processed. The request has been forwarded to the proper Division(s) for review. Unfortunately, we do not have a time frame when you might receive a response. Last year, we received more than 3,700 FOIA requests. We apologize for the delay.

Thank you for your patience.

From: Illinois State Police

Sir/Madam:

The Illinois State Police ("ISP") acknowledges receipt of your request for public records pursuant to the Illinois Freedom of Information Act ("FOIA"), 5 ILCS 140/1 et seq. (See attached request).

Attached is a response to your FOIA request.

Thank you.

Freedom of Information Act Unit

State of Illinois - CONFIDENTIALITY NOTICE: The information contained in this communication is confidential, may be attorney-client privileged or attorney work product, may constitute inside information or internal deliberative staff communication, and is intended only for the use of the addressee. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify the sender immediately by return e-mail and destroy this communication and all copies thereof, including all attachments. Receipt by an unintended recipient does not waive attorney-client privilege, attorney work product privilege, or any other exemption from disclosure.

From: Law Dog

I disagree with the denial of the FOIA request. ISP sites the following:

2. Section 55 ofEmergency Telephone System Act
“Public disclosure. Because of the highly competitive nature of the
telephone industry, public disclosure of information about surcharge
moneys paid by carriers could have the effect of stifling competition to the
detriment of the public and the delivery of 9-1-1 services. Therefore, the
Illinois Commerce Commission, the Department of State Police,
governmental agencies, and individuals with access to that information shall
take appropriate steps to prevent public disclosure of this information.
Information and data supporting the amount and distribution of surcharge
moneys collected and remitted by an individual carrier shall be deemed
exempt information for purposes of the Freedom of Information Act and
shall not be publicly disclosed. The gross amount paid by all carriers shall
not be deemed exempt and may be publicly disclosed.” (50 ILCS 750/55).
2
Information and data supporting the amount and distribution of surcharge moneys collected
and remitted by an individual carrier is confidential and exempt from disclosure.

I am not asking for the direct distribution of 9-1-1 surcharge finds that is made by the phone carriers to the State. If I was requesting that information, I would agree that said request conflicts with the information sited by ISP above. However, what I am seeking is the 9-1-1 distribution amounts to the local ETSBs, which are based on zip codes, and which are distributed to the ETSB after the surcharge is carved out for the following:

a) 1.74% is carved out for the telephone/cellular carrier reimbursement for expense of accounting and collecting 9-1-1 surcharge. Estimated at 1.1₵ per month, per line.
b) 1.3₵ per month, per line is distributed to County ETSBs in equal amounts to County ETSBS with a population less than 100,000
c) 1.7₵ per month, per line is retained by the Illinois State Police’s Office of the Statewide 9-1-1 Administrator for Administrative costs
d) 4₵ per month, per line is distributed to ETSBs taking/receiving wireless 9-1-1 calls
e) 5₵ per month, per line is held by the Illinois State Police’s Office of the Statewide 9-1-1 Administrator for grant awards for NG 9-1-1 expenses
f) 13₵ per month, per line, line is held by the Illinois State Police’s Office of the Statewide 9-1-1 Administrator for NG 9-1-1 Expenses

Again, the request is for 9-1-1 surcharge disbursement made to ETSBs (based on Zip Codes) AFTER the above carve outs, which should negate any concerns by the ISP or Telco Carriers concerns for competition.

1. This request is not a commercial request nor a for profit request
2. The nature of this appeal and the previous two (2) requests is of significant public interest as the data would analyzed to determine the 911 surcharge funding that each ETSB receives and whether or not the funding is fair an equitable to all ETSBs since the distribution is based on Zip Codes tied to ETSBs , which said fees tied to zip codes are based not only on the volume of population residing within each zip code, but also the demographics affiliated with each zip code.

From: Illinois State Police

This FOIA was closed on Novermber 25th 2021. The position of the Illinois State Police has not changed. I have included a copy of the response letter that was sent in response.

David Catlin
Freedom of Information Officer
Illinois State Police
801 South 7th St. 1000S
Springfield, IL 62703

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