The Office of the Comptroller of Puerto Rico reveals that the approval of state laws had the effect of using funds from the 9-1-1 Emergency System for purposes contrary to what is established in the federal legislation. In addition, the Bureau's Board authorized disbursements without considering the express statement of the federal legislation regarding the use of the charges to telephone subscribers.
The Government of Puerto Rico established the Fund for the Promotion of Jobs and Economic Activity in 2014, and the Legal Liability Fund in 2015. These funds received $12,484,016 between 2014 and 2016 from the 9-1-1 System.
The 3-1-1 Citizen Service System, whose service is not related to emergency calls, recorded a deficit of $10,434,614, from 2012 through 2019, which was offset with the collections of the 9-1-1 System.
Between 2014 and 2016, the Bureau's Board also approved and granted $275,000 of 9-1-1 System funds to the Office of the Women's Advocate and $11,672 for the remodeling of the Heraclio H. Rivera School in Toa Alta.
These situations, contrary to the Ensuring Needed Help Arrives Near Callers Employing Act of 2004 and to the Wireless Communications and Public Safety Act of 1999, prevented having $23,205,302 to distribute to the security agencies to address emergency or disaster situations, and to cover their administrative and operational expenses. The external auditors noted in 2016 that for two years there had been noncompliance with the distribution of a minimum of 40% of the collections to the security agencies.
In addition, this situation fostered the Federal Communications Commission conditioning the approval of a fund of $810,300,000 through the Uniendo a Puerto Rico Fund in 2018, for the reconstruction of the infrastructure of the telecommunications providers in Puerto Rico after the passage of Hurricane María.
The Office of the Comptroller recommends to the Governor and to the Legislative Assembly to promote legislation to harmonize the state laws with the federal legislation that governs the 9-1-1 System and to consider the restricted use of the collections from telephone subscribers. In addition, that consideration be given to restoring to the Bureau the $12,484,016 so that they are used in accordance with the provisions established in the federal legislation.
See the Audit Report CP-21-03.
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