Broadband for First Responders Act of 2010 - Amends the Communications Act of 1934 to increase the electromagnetic spectrum allocation for public safety services by 10 megahertz and reduce such allocation for commercial use by the same amount.
Directs the Federal Communications Commission (FCC) to: (1) allocate the paired electromagnetic spectrum bands of 758-763 megahertz and 788-793 megahertz (referred to as D Block) for public safety broadband communications and assign such paired bands to public safety; (2) establish rules to permit a public safety broadband licensee to authorize public safety service providers to construct and operate a wireless public safety broadband network in the licensee's spectrum if such authorization would expedite public safety broadband communications; (3) require that any wireless public safety broadband network be fully interoperable, provide for user roaming, be disaster survivable, and have the appropriate level of cyber security; (4) establish regulations to authorize the shared use of the public safety broadband spectrum and network infrastructure by entities that are not defined as public safety services; (5) establish regulations to allow use of the public safety broadband spectrum by emergency response providers; and (6) develop a public safety agency statement of requirements that enables nationwide interoperability and roaming across any communications system using public safety broadband spectrum.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5081 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5081
To enhance public safety by making more spectrum available to public
safety agencies, to facilitate the development of a wireless public
safety broadband network, to provide standards for the spectrum needs
of public safety agencies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 20, 2010
Mr. King of New York (for himself, Ms. Clarke, Mrs. Miller of Michigan,
Mr. Cao, and Mr. Rogers of Alabama) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To enhance public safety by making more spectrum available to public
safety agencies, to facilitate the development of a wireless public
safety broadband network, to provide standards for the spectrum needs
of public safety agencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadband for First Responders Act
of 2010''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The communications capabilities of first responders and
other public safety agencies directly affect the public safety
of the people of the United States and our national security.
(2) As events such as the terrorist attacks of September
11, 2001, and Hurricane Katrina revealed, the inability of
local, State, tribal, and Federal first responders to
communicate effectively during an emergency impairs operations
and the ability to mitigate terrorist acts and natural
disasters.
(3) Many public safety communications systems rely on
commercially available systems that lack broadband capabilities
or otherwise fail to provide the level of service necessary to
meet the mission-critical needs of public safety agencies.
(4) A wireless public safety broadband network is needed to
guarantee priority access for public safety use and first
responder interoperability across the United States.
(5) Allocating the paired electromagnetic spectrum bands of
758-763 megahertz and 788-793 megahertz, referred to as the D
Block, to public safety agencies is the only assured way of
meeting public safety's needs for sufficient spectrum and would
help reduce the complexity and future operating cost of public
safety communications systems.
(6) Because the communications needs of public safety
agencies may differ by geographic region (including whether
they require a dedicated communications system or can rely on a
system shared with commercial users), each region requires
flexibility to develop a model that meets its needs without
sacrificing the interoperability of the system as a whole.
(7) The most timely and cost-effective way to achieve
nationwide interoperability in public safety communications
will be to leverage commercial infrastructure without
compromising the mission-critical needs of public safety
agencies.
(8) The use by public safety agencies of standardized
technologies commonly employed in the commercial
telecommunications sector will provide significant benefits,
including improved capabilities, greater economies of scale,
and more rapid adoption of technological innovations.
(9) When it is in the interest of public safety, the
Federal Communications Commission should encourage any public
safety licensee or spectrum lessee to consider using existing
or planned commercial infrastructure.
SEC. 3. ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY LICENSES.
(a) Spectrum Allocation.--Section 337(a) of the Communications Act
of 1934 (47 U.S.C. 337(a)) is amended--
(1) in paragraph (1), by striking ``24'' and inserting
``34''; and
(2) in paragraph (2), by striking ``36'' and inserting
``26''.
(b) Assignment.--Section 337(b) of such Act (47 U.S.C. 337(b)) is
amended to read as follows:
``(b) Assignment.--
``(1) In general.--Not later than 60 days after the date of
enactment of the Broadband for First Responders Act of 2010,
the Commission shall allocate the paired electromagnetic
spectrum bands of 758-763 megahertz and 788-793 megahertz for
public safety broadband communications and shall assign such
paired bands to public safety.
``(2) Establishment of rules.--
``(A) In general.--The Commission shall establish
rules to permit a public safety broadband licensee to
authorize providers of public safety services to
construct and operate a wireless public safety
broadband network in the spectrum licensed to the
public safety broadband licensee if the public safety
broadband licensee determines that such authorization
would expedite the deployment of public safety
broadband communications.
``(B) Network requirements.--The Commission shall
require that any such wireless public safety broadband
network shall--
``(i) be fully interoperable and remain
interoperable with, and in conformance with the
same broadband technology standards as, all
other public safety broadband systems deployed
or authorized;
``(ii) provide for roaming by local, State,
tribal, and Federal Government and other
authorized users of the spectrum licensed to
the public safety broadband licensee;
``(iii) provide priority access to public
safety agencies;
``(iv) be built to survive most large-scale
disasters; and
``(v) ensure that networks of such systems
have the appropriate level of cyber security.
``(C) Deadline.--The Commission shall establish
rules under this paragraph not later than 180 days
after the date of enactment of the Broadband for First
Responders Act of 2010.''.
(c) Network-Sharing Agreements.--Section 337 of such Act (47 U.S.C.
337) is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Rulemaking Required.--The Commission shall establish
regulations to--
``(1) authorize the shared use of the public safety
broadband spectrum and network infrastructure by entities that
are not defined as public safety services in subsection (g)(1),
subject to requirements that public safety services retain
priority access to the spectrum, pursuant to procedures adopted
by the Commission; and
``(2) allow use of the public safety broadband spectrum by
emergency response providers, as defined in section 2 of the
Homeland Security Act of 2002 (6 U.S.C. 101).''.
(d) Definition.--Section 337(g) of such Act (as so redesignated) is
amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Public safety broadband spectrum.--The term `public
safety broadband spectrum' means the electromagnetic spectrum
between 758 megahertz and 768 megahertz, inclusive, and 788
megahertz and 798 megahertz, inclusive and any additional
electromagnetic frequencies allocated for public safety use
that the Commission shall designate for public safety broadband
use.''.
SEC. 4. STANDARDS.
(a) Interoperability Requirements.--Not later than 180 days after
the date of enactment of this Act, the Federal Communications
Commission, in consultation with the Director of the National Institute
of Standards and Technology, the Secretary of Homeland Security, the
Attorney General, and local, State, tribal, and Federal public safety
agencies, shall develop a public safety agency statement of
requirements that enables nationwide interoperability and roaming
across any communications system using public safety broadband
spectrum, as defined in section 337(g) of the Communications Act of
1934.
(b) Specifications.--Such requirements shall establish an
appropriate standard, or set of standards, to ensure nationwide
interoperability and roaming, taking into consideration--
(1) the extent to which particular technologies and user
equipment are, or are likely to be, available in the commercial
marketplace;
(2) the availability of necessary technologies and
equipment on reasonable and non-discriminatory licensing terms;
(3) the ability to evolve with technological developments
in the commercial marketplace;
(4) the ability to accommodate prioritization for public
safety transmissions;
(5) the ability to accommodate appropriate security
measures for public safety transmissions; and
(6) any other considerations the Federal Communications
Commission deems appropriate.
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Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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