Butler County is appealing the dismissal of a $10.9 million lawsuit filed against 15 telephone providers for not billing and collecting 911 fees assessed to customers.

County solicitor Mike English said in an interview the case would move to state Commonwealth Court.

“An appeal will be filed,” English said.

County Judge Marilyn Horan on Thursday upheld her Aug. 11 dismissal of the case.

Horan said state law stipulates the Pennsylvania Emergency Management Agency, not the county, is the appropriate entity to enforce 911 fee collection from phone companies.

According to Horan’s Aug. 11 order, “The power and duty to enforce the provisions of the 911 Act are clearly defined, and those responsibilities lie with PEMA.”

The county subsequently submitted an affidavit in which PEMA supported the county’s right to sue.

Horan on Thursday ruled the information in the affidavit did not affect the rationale for the dismissal.

“I’m not ignoring the PEMA affidavit,” she said. “I don’t find it worthy to change my analysis.”

The county filed the lawsuit in February, seeking to recover six years of funds.

According to the county, the companies may have misrepresented the types and number of phone lines being assessed the 911 fees, resulting in significant under billing.

The fee is tacked onto phone bills to help fund 911 dispatch center operations. The county previously obtained the funds directly from the companies. The state now collects the money and disburses it to the counties.

According to Rob McLafferty, county 911 coordinator, nearly $1.3 million in 911 fees has been turned over to the county covering January through June.

McLafferty expects that number to roughly double by the end of the year.

During the Thursday hearing, attorney Joshua Wolson of the Philadelphia firm Dilworth Paxson unsuccessfully argued the county had a right to sue.

“The county should have an avenue,” Wolson said.

Horan disagreed, citing state law.

Horan in June ruled this case would be on hold pending a decision in Delaware County on whether to consolidate lawsuits from multiple counties.

However, that consolidation was dropped. Consequently, Horan made a decision on this case.

The 15 telephone companies are: CenturyLink Communications, The United Telephone Co. of Pennsylvania, Consolidated Communications Enterprise Services, Core Communications, Intermedia Communications of Florida, Verizon Pennsylvania, Level 3 Communications, Telcove of Eastern Pennsylvania, AT&T Corp., Teleport Communications America, US LEC of Pennsylvania, Bandwidth.com CLEC, Comcast Phone of Pennsylvania, Peerless Network of Pennsylvania, and ABC Companies.