Broadband for First Responders Act of 2011 - 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 license 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 public safety broadband spectrum; (3) require the wireless public safety broadband network to be fully interoperable, provide for user roaming and priority access to public safety entities, be disaster survivable, have appropriate cyber security, and enable authorized users to develop local networks; (4) authorize the shared use, sublicensing, or leasing of the public safety broadband spectrum and network infrastructure by entities that are not defined as public safety services; (5) allow use of the public safety broadband spectrum by emergency response providers; and (6) establish rules enabling nationwide wireless public safety broadband network interoperability and roaming across any commercial network.
Requires each state to submit a plan to the Secretary of Homeland Security (DHS) and the FCC detailing the terms and aspects of the phased deployment for wireless public safety broadband network to be constructed in the public safety broadband spectrum.
Specifies organizations that shall be included in the Board of Directors of the Public Safety Broadband Licensee.
Establishes in the Treasury: (1) the Public Safety Interoperable Broadband Network Construction Fund, and (2) the Public Safety Interoperable Broadband Network Maintenance and Operation Fund.
Directs the Secretary of Commerce to: (1) establish a grant program to assist states, municipalities, and Indian tribes to establish a nationwide public safety interoperable broadband network in the 700 megahertz band, and (2) administer a program through which not more than 50% of maintenance and operational expenses associated with the public safety interoperable broadband network may be reimbursed from the Maintenance and Operation Fund.
Directs: (1) the Assistant Secretary of Commerce to identify at least 15 megahertz of contiguous spectrum between 1675 and 1710 megahertz for reallocation, and (2) the FCC to auction various specified spectrum ranges.
Extends the FCC's authority to grant a license or permit under applicable competitive bidding provisions to September 30, 2020.
Directs each federal law enforcement agency, within 10 years, to move all noncommercial network communications to spectrum located in the 700 and 800 megahertz bands.
Prohibits the FCC, subject to exceptions, from renewing public safety licenses between 170 and 512 megahertz.
Directs the FCC to revise specified regulations relating to the 4940 to 4990 megahertz band to ensure governmental public safety services retain primary spectrum use authority and set forth conditions on secondary use by nongovernmental entities. Requires a recurring licensing fee for secondary spectrum use.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1040 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1040
To enhance public safety by making more spectrum available to public
safety entities, to facilitate the development of a public safety
broadband network, to provide standards for the spectrum needs of
public safety entities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 19, 2011
Mr. Lieberman (for himself and Mr. McCain) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To enhance public safety by making more spectrum available to public
safety entities, to facilitate the development of a public safety
broadband network, to provide standards for the spectrum needs of
public safety entities, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Broadband for
First Responders Act of 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY LICENSES AND
ESTABLISHMENT OF RULES
Sec. 101. Definitions relating to public safety broadband.
Sec. 102. Allocation and assignment of public safety licenses.
Sec. 103. Establishment of rules governing public safety broadband
network.
Sec. 104. Establishment of standards.
Sec. 105. Submission and approval of interoperability communications
plans by States.
Sec. 106. Rule of construction for public safety broadband licensee.
TITLE II--FUNDING
Sec. 201. Definitions.
Sec. 202. Funding.
Sec. 203. Public safety interoperable broadband network construction.
Sec. 204. Public safety interoperable broadband maintenance and
operation.
Sec. 205. Audits.
Sec. 206. Auction of spectrum to fund the Construction and Maintenance
and Operation Funds.
Sec. 207. Achieving long-term interoperability and efficient use of
public safety spectrum.
Sec. 208. Report on long-term interoperability using IP-based
solutions.
TITLE I--ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY LICENSES AND
ESTABLISHMENT OF RULES
SEC. 101. DEFINITIONS RELATING TO PUBLIC SAFETY BROADBAND.
Section 337(f) of the Communications Act of 1934 (47 U.S.C. 337(f))
is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(3) and (4), respectively; and
(2) by inserting before paragraph (3), as so redesignated,
the following:
``(1) Public safety broadband licensee.--The term `public
safety broadband licensee' means a licensee, as defined by the
Commission in its Second Report and Order adopted July 31, 2007
(FCC 07-132), and selected in the Commission's Order adopted
November 19, 2007 (FCC 07-199), by the Commission to be the
licensee for the 763-768/793-798 MHz.
``(2) 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 by the Commission for
public safety broadband use.''.
SEC. 102. 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 the Communications Act of 1934
(47 U.S.C. 337(b)) is amended to read as follows:
``(b) Assignment.--
``(1) Allocation of paired bands.--Not later than 30 days
after the date of enactment of the Broadband for First
Responders Act of 2011, the Commission shall allocate the
paired electromagnetic spectrum bands of 758-763 megahertz and
788-793 megahertz for public safety broadband communications.
``(2) Licensing of paired bands.--Not later than 60 days
after the date of enactment of the Broadband for First
Responders Act of 2011, the Commission shall license the paired
electromagnetic spectrum bands described under subparagraph (A)
to the public safety broadband licensee.''.
SEC. 103. ESTABLISHMENT OF RULES GOVERNING PUBLIC SAFETY BROADBAND
NETWORK.
(a) Establishment of Rules.--Not later than 180 days after the date
of enactment of this Act, the Federal Communications Commission shall
establish the following rules:
(1) Authorizing the construction and operation of a public
safety broadband network.--The Commission shall permit the
public safety broadband licensee to authorize providers of
public safety services to construct and operate a wireless
public safety broadband network in the public safety broadband
spectrum.
(2) Establishing network requirements.--The Commission
shall require that the wireless public safety broadband network
described under paragraph (1) shall--
(A) 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;
(B) provide for roaming by Federal, State, local,
and tribal governments and other authorized users of
the spectrum licensed to the public safety broadband
licensee;
(C) provide priority access to public safety
entities;
(D) be built to survive most disasters;
(E) ensure that networks of such systems have the
appropriate level of cyber security; and
(F) ensure that authorized users have the ability
to develop a local network, provided that the uses for
such network are consistent with rules established by
the Commission.
(3) Allowing for shared use of public safety broadband
spectrum and network infrastructure.--The Commission shall--
(A) authorize the shared use, sublicensing, or
leasing of the public safety broadband spectrum and
network infrastructure by entities that are not defined
as public safety services, subject to the requirements
that public safety services retain priority access to
the spectrum, pursuant to procedures adopted by the
Commission, provided that--
(i) the needs of other governmental
entities are considered before commercial
entities; and
(ii) such use is approved by the public
safety broadband licensee;
(B) allow use of the public safety broadband
spectrum by emergency response providers;
(C) ensure that any revenues derived from any such
shared use, sublicensing, or lease are deposited in the
Public Safety Interoperable Broadband Network
Maintenance and Operation Fund established under
section 202(a)(2); and
(D) ensure that the Commission retains, for the 60-
day period following submission of a request for such
shared use, sublicensing, or lease the right to review
and approve of any such shared use, sublicensing, or
lease.
(4) Providing for interoperability and roaming
agreements.--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 Federal, State, local, and tribal
public safety agencies, shall establish rules that enable--
(A) nationwide interoperability between wireless
public safety broadband networks and commercial
broadband networks; and
(B) roaming by public safety entities operating on
a wireless public safety broadband network across any
commercial network so as to gain guaranteed access to a
resilient and reliable commercial network in times of
an emergency.
(b) Definitions.--As used in this section--
(1) the term ``emergency response provider'' has the same
meaning as in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101); and
(2) the terms ``public safety broadband licensee'',
``public safety broadband spectrum'', and ``public safety
services'' shall have the same meaning as in section 337(f) of
the Communications Act of 1934 (47 U.S.C. 337(f)).
SEC. 104. ESTABLISHMENT OF STANDARDS.
Not later than 180 days after the date of enactment of this Act,
the Secretary of Homeland Security, in coordination with the Director
of the National Institute of Standards and Technology, shall establish
an appropriate set of public safety requirements for meeting the
interoperability and roaming requirements developed under section
103(a)(4) 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 nondiscriminatory licensing terms;
(3) the ability of such requirements to evolve with
technological developments in the commercial marketplace;
(4) the ability of such requirements to accommodate
prioritization for public safety transmissions;
(5) the ability of such requirements to accommodate
appropriate security measures for public safety transmissions;
and
(6) any other considerations the Federal Communications
Commission deems appropriate.
SEC. 105. SUBMISSION AND APPROVAL OF INTEROPERABILITY COMMUNICATIONS
PLANS BY STATES.
(a) In General.--Not later than 6 months after the date of
publication in the Federal Register of the rules required by section
103 and the date of release of the standards required by section 104,
each State shall submit a plan to the Secretary of Homeland Security
and the Federal Communications Commission detailing the terms and
aspects of the phased deployment for the wireless public safety
broadband network to be constructed in the public safety broadband
spectrum pursuant to section 103(a)(1).
(b) Approval.--Not later than 120 days after the submission of a
plan under subsection (a), the Secretary of Homeland Security and the
Federal Communications Commission shall either jointly approve or
disapprove of the plan.
SEC. 106. RULE OF CONSTRUCTION FOR PUBLIC SAFETY BROADBAND LICENSEE.
Nothing in this Act, or the amendments made by this Act, shall be
construed to overturn, supercede, or otherwise preempt the Federal
Communications Commission's Order adopted on November 19, 2007 (FCC 07-
199), setting forth the roles and responsibilities of the public safety
broadband licensee (as such term is defined in section 337(f) of the
Communications Act of 1934) and the Federal Communications Commission,
except that the following shall, by rule or order, be modified by the
Commission:
(1) Any organization seeking membership to the Board of
Directors of the public safety broadband licensee shall be
voted in by a simple majority of the then serving members of
the Board of Directors.
(2) The Board of Directors of the public safety broadband
licensee shall include the following organizations:
(A) International Association of Chiefs of Police.
(B) International Association of Fire Chiefs.
(C) National Sheriffs' Association.
(D) International Association of Fire Fighters.
(E) National Volunteer Fire Council.
(F) Fraternal Order of Police.
(G) Major Cities Chiefs Association.
(H) Metropolitan Fire Chiefs Association.
(I) Major County Sheriffs' Association.
(J) Association of Public-Safety Communications
Officials, International.
(K) National Emergency Management Association.
(L) International Association of Emergency
Managers.
(M) Police Executive Research Forum.
(N) National Criminal Justice Association.
(O) National Association of Police Organizations.
(P) National Organization of Black Law Enforcement
Executives.
(Q) Association of Air Medical Services.
(R) Advocates for Emergency Medical Services.
(S) Emergency Nurses Association.
(T) National Association of Emergency Medical
Services Physicians.
(U) National Association of Emergency Medical
Technicians.
(V) National Association of State Emergency Medical
Services Officials.
(W) National Emergency Medical Services Management
Association.
(X) International Municipal Signal Association.
(Y) American Probation and Parole Association.
(Z) National Governors Association.
(AA) National Association of Counties.
(BB) National League of Cities.
(CC) United States Conference of Mayors.
(DD) Council of State Governments.
(EE) International City/County Management
Association.
(FF) National Conference of State Legislatures.
(GG) National Association of Regional Councils.
(HH) Utilities Telecom Council.
(II) American Association of State Highway
Transportation Officials.
(JJ) American Hospital Association.
(KK) Forestry Conservation Communications
Association.
(LL) National Association of State 911
Administrators.
(MM) National Troopers Coalition.
(NN) National Emergency Number Association.
(OO) American Public Works Association.
TITLE II--FUNDING
SEC. 201. DEFINITIONS.
In this title--
(1) the term ``appropriate committees of Congress'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on Energy and Commerce of the
House of Representatives; and
(D) the Committee on Homeland Security of the House
of Representatives;
(2) the term ``Assistant Secretary'' means the Assistant
Secretary of Commerce for Communications and Information;
(3) the term ``Commission'' means the Federal
Communications Commission;
(4) the term ``Construction Fund'' means the Public Safety
Interoperable Broadband Network Construction Fund established
under section 202(a)(1);
(5) the term ``Indian tribe'' has the same meaning as in
section 4 of the Indian Self Determination Act (25 U.S.C.
450b);
(6) the term ``Maintenance and Operation Fund'' means the
Public Safety Interoperable Broadband Network Maintenance and
Operation Fund established under section 202(a)(2);
(7) the term ``NTIA'' means the National Telecommunications
and Information Administration;
(8) the term ``public safety entity'' means an entity that
provides public safety services, including a State,
municipality, or locality;
(9) the term ``public safety services'' has the same
meaning as in section 337(f) of the Communications Act of 1934
(47 U.S.C. 337(f)); and
(10) the term ``Secretary'' means the Secretary of Homeland
Security.
SEC. 202. FUNDING.
(a) Establishment of Funds.--
(1) Construction fund.--
(A) Establishment.--There is established in the
Treasury of the United States a fund to be known as the
``Public Safety Interoperable Broadband Network
Construction Fund''.
(B) Purpose.--The Secretary shall establish and
administer the grant program under section 203 using
the funds deposited in the Construction Fund.
(C) Credit.--
(i) Borrowing authority.--The Secretary may
borrow from the general fund of the Treasury
beginning on October 1, 2011, such sums as may
be necessary, but not to exceed $2,000,000,000,
to implement section 203.
(ii) Reimbursement.--The Secretary of the
Treasury shall reimburse the general fund of
the Treasury, without interest, for any amounts
borrowed under clause (i) as funds are
deposited into the Construction Fund, but in no
case later than December 31, 2014.
(2) Maintenance and operation fund.--
(A) Establishment.--There is established in the
Treasury of the United States a fund to be known as the
``Public Safety Interoperable Broadband Network
Maintenance and Operation Fund''.
(B) Purpose.--The Secretary shall use the funds
deposited in the Maintenance and Operation Fund to
carry out section 204.
(b) Initial Distribution of Auction Proceeds in Funds.--
Notwithstanding subparagraphs (A) and (D) of section 309(j)(8) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)), the Secretary of the
Treasury shall deposit the proceeds (including deposits and up front
payments from successful bidders) from the auction of the spectrum
described in section 206 in the following manner:
(1) All proceeds less than or equal to $5,500,000,000 shall
be deposited in the Construction Fund and shall be made
available to the Secretary without further appropriations.
(2) All proceeds exceeding $5,500,000,000 but not more than
$11,000,000,000 shall be deposited in the Maintenance and
Operation Fund and shall be made available to the Secretary
without further appropriations.
(3) Any proceeds in excess of $11,000,000,000 shall be
deposited in the General Fund of the Treasury, where such
amounts shall be dedicated for the sole purpose of deficit
reduction.
(c) Transfer of Funds at Completion of Construction.--The Secretary
of the Treasury shall transfer to the Maintenance and Operation Fund
any funds remaining in the Construction Fund after the date of the
completion of the construction phase of the nationwide public safety
interoperable broadband network to be established under section 203, as
such completion date is determined by the Secretary.
(d) Transfer of Funds to Treasury.--Any funds remaining in the
Maintenance and Operation Fund after the end of the 10-year period
following the determination by the Secretary that construction of the
nationwide public safety interoperable broadband network to be
established under section 203 has been completed shall be transferred
to the General Fund of the Treasury, where such amounts shall be
dedicated for the sole purpose of deficit reduction.
(e) Authorization of Appropriations.--
(1) Construction fund.--There are authorized to be
appropriated to the Secretary for deposit in the Construction
Fund in and after fiscal year 2012 a total amount not to exceed
$5,500,000,000 minus any amounts equal to the amount deposited
in the Construction Fund pursuant to subsection (b)(1).
(2) Maintenance and operation fund.--There are authorized
to be appropriated to the Secretary for deposit in the
Maintenance and Operation Fund in and after fiscal year 2012 a
total amount not to exceed $5,500,000,000 minus any amounts
equal to the amount deposited in the Maintenance and Operation
Fund pursuant to subsection (b)(2).
SEC. 203. PUBLIC SAFETY INTEROPERABLE BROADBAND NETWORK CONSTRUCTION.
(a) Establishment of Construction Grant Program.--The Secretary
shall take such action as is necessary to establish a grant program to
assist States, municipalities, and Indian tribes to establish a
nationwide public safety interoperable broadband network in the 700 MHz
band.
(b) Projects.--The projects for which construction grants may be
made under this section are the following:
(1) Construction of a new public safety interoperable
broadband network using public safety infrastructure in the 700
MHz band.
(2) Improvement of the existing public safety networks and
construction of new infrastructure to meet public safety
requirements in the 700 MHz band, the 800 MHz band, or the 4.9
GHz band.
(3) Migration of public safety entity use to the 700 MHz
band.
(c) Matching Requirements.--
(1) Federal share.--The Federal share of the cost of
carrying out a project under this section may not exceed 80
percent of the eligible costs of carrying out a project, as
determined by the Secretary in consultation with the Chairman
of the Commission.
(2) Non-federal share.--The non-Federal share of the cost
of carrying out a project under this section may be provided
through an in-kind contribution.
(d) Requirements.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish requirements for
the grant program established under this section, including the
following:
(1) Defining eligible costs for purposes of subsection
(c)(1).
(2) Determining the scope of network infrastructure
eligible for grant funding under this section.
(3) Conditioning grant funding on compliance with the
licensing terms of the Commission.
(4) Ensuring that all grant funds are in compliance and
support the goals of the National Emergency Communications Plan
and the Statewide Communication Interoperability Plans for each
State and territory.
(e) Technical Assistance.--The Secretary shall enhance the Office
of Emergency Communications Technical Assistance Program to assist
recipients of grant amounts under this section with best practices and
guidance in implementing projects for which the recipient received a
construction grant under this section.
SEC. 204. PUBLIC SAFETY INTEROPERABLE BROADBAND MAINTENANCE AND
OPERATION.
(a) Maintenance and Operation Reimbursement Program.--The Secretary
shall administer a program through which not more than 50 percent of
maintenance and operational expenses associated with the public safety
interoperable broadband network may be reimbursed from the Maintenance
and Operation Fund for those expenses that are attributable to the
maintenance, operation, and improvement of the public safety
interoperable broadband network.
(b) Report.--Not later than 7 years after the commencement of the
reimbursement program established under subsection (a), the Secretary
shall submit to the appropriate committees of Congress a report on
whether to continue to provide funding for the Maintenance and
Operation Fund following completion of the period provided for under
section 202(d).
SEC. 205. AUDITS.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, and every 3 years thereafter, the Comptroller General of
the United States shall perform an audit of the financial statements,
records, and accounts of the--
(1) Construction Fund established under section 202(a)(1);
(2) Maintenance and Operation Fund established under
section 202(a)(2);
(3) construction grant program established under section
203; and
(4) maintenance and operation grant program established
under section 204.
(b) GAAP.--Each audit required under subsection (a) shall be
conducted in accordance with generally acceptable accounting
procedures.
(c) Report to Congress.--A copy of each audit required under
subsection (a) shall be submitted to the appropriate committees of
Congress.
SEC. 206. AUCTION OF SPECTRUM TO FUND THE CONSTRUCTION AND MAINTENANCE
AND OPERATION FUNDS.
(a) Identification of Spectrum.--Not later than 1 year after the
date of enactment of this Act, the Assistant Secretary shall identify,
at a minimum, 15 megahertz of contiguous spectrum at frequencies
located between 1675 megahertz and 1710 megahertz, inclusive, to be
made available for immediate reallocation.
(b) Auction.--Not later than January 31, 2014, the Commission shall
conduct the auction of the following licenses, by commencing the
bidding for:
(1) The spectrum between the frequencies of 1915 megahertz
and 1920 megahertz, inclusive.
(2) The spectrum between the frequencies of 1995 megahertz
and 2000 megahertz, inclusive.
(3) The spectrum between the frequencies of 2020 megahertz
and 2025 megahertz, inclusive.
(4) The spectrum between the frequencies of 2175 megahertz
and 2180 megahertz, inclusive.
(5) The spectrum between the frequencies of 2155 megahertz
and 2175 megahertz, inclusive.
(6) The spectrum between the frequencies of 1755 megahertz
and 1850 megahertz, inclusive.
(7) The spectrum identified pursuant to subsection (a).
(c) Extension of Auction Authority.--Section 309(j)(11) of the
Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by
striking ``2012'' and inserting ``2020''.
(d) Eligibility.--The Commission shall ensure that no bidder is
deemed ineligible for or otherwise excluded from an auction specified
in this Act, or any other competitive bidding process under section
309(j) of the Communications Act of 1934, on account of its size or
amount of its other spectrum holdings.
SEC. 207. ACHIEVING LONG-TERM INTEROPERABILITY AND EFFICIENT USE OF
PUBLIC SAFETY SPECTRUM.
(a) Mandating Migration of Federal Law Enforcement.--Not later than
10 years after the date of enactment of this Act, each Federal law
enforcement agency shall move all of their communications not being
carried on commercial networks to spectrum located in the 700 MHz and
800 MHz bands.
(b) Spectrum Below 512 MHz.--
(1) In general.--Beginning on the date of enactment of this
Act, the Commission shall not renew any license to use spectrum
located on frequencies above 170 megahertz and below 512
megahertz granted to a public safety licensee, unless the
licensee is able to demonstrate--
(A) that migration to a different spectrum band
will cause considerable economic hardship to the State
or local government jurisdiction in which such licensee
is located;
(B) migration to a different spectrum band would
adversely impact the ability of the licensee to protect
and serve the community in which such licensee is
located; or
(C) there are an insufficient number of frequencies
above the 700 MHz band to support the land-mobile
communications needs of the licensee.
(2) Recommendation.--Not later than 5 years after date of
enactment, the Commission, in consultation with the Secretary,
the NTIA, and Federal, State, and local public safety agencies,
shall issue a recommendation to Congress on the feasibility of
public safety entities ending their use of spectrum located on
frequencies above 170 megahertz and below 512 megahertz, and
moving all such use to the spectrum licensed to public safety
services in the 700 MHz and 800 MHz bands.
(3) Availability of funds.--The Secretary may make amounts
available from the Maintenance and Operation Fund to facilitate
the migration of public safety entity use of spectrum located
on frequencies above 170 megahertz and below 512 megahertz to
use of spectrum licensed to public safety services in the 700
MHz and 800 MHz bands.
(c) Spectrum in the 4.9 GHz Band.--
(1) Eligibility for use of spectrum.--The Commission shall
modify section 90.1203(b) of subpart Y or part 90 of the Code
of Federal Regulations (47 C.F.R. 90.1203(b)) (relating to
eligibility of use of spectrum frequencies in the 4940-4990 MHz
band) to ensure that--
(A) governmental entities providing public safety
services retain primary authority to use such spectrum;
and
(B) non-governmental entities may use the spectrum
on a secondary basis, provided that--
(i) such secondary use does not cause
harmful interference to public safety users of
that spectrum;
(ii) the non-governmental entity seeking
such secondary use demonstrates to the
Commission that such secondary use will not
cause interference to public safety users of
that spectrum; and
(iii) if such secondary use causes any
interference to a public safety user, such
entity shall immediately cease such use until
such interference has been mitigated to the
satisfaction of the public safety user.
(2) Fee for secondary use of spectrum.--
(A) In general.--The Commission shall charge a
recurring licensing fee to each non-governmental entity
for any secondary use of spectrum by such entity
described under paragraph (1).
(B) Treatment of revenues.--Any revenues generated
from the recurring licensing fee charged under
subparagraph (A) shall be deposited in Maintenance and
Operation Fund until the date identified under section
202(d), after which all such revenues shall be
deposited in the General Fund of the Treasury, where
such amounts shall be dedicated for the sole purpose of
deficit reduction.
(d) Reports on Efficient Use of Public Safety Spectrum.--
(1) GAO study and report.--Not later than 3 years after the
date of enactment of this Act, the Comptroller General of the
United States shall conduct a study and submit a report to the
appropriate committees of Congress that identifies--
(A) those parts of the radio spectrum above 174 MHz
and below 512 MHz used by any public safety entity that
could be returned to the Commission for auction in
accordance with subsection (d); and
(B) the cost of migrating any such entity from use
of the returned spectrum to use of alternative
spectrum.
(2) FCC study and report.--Not later than 3 years after the
date of enactment of this Act, and every 3 years thereafter,
the Commission shall conduct a study and submit to the
appropriate committees of Congress a report--
(A) on the spectrum held by the public safety
broadband licensee;
(B) on how efficiently such spectrum is being used;
and
(C) that provides a recommendation for whether more
spectrum needs to be made available to meet the needs
of public safety entities.
SEC. 208. REPORT ON LONG-TERM INTEROPERABILITY USING IP-BASED
SOLUTIONS.
Not later than 2 years after the date of enactment of this Act, the
Commission, in consultation with the Secretary and the Assistant
Secretary, shall issue a report and order, after allowing time for
notice and comment, including comment from public safety users, and
submit such report to the appropriate committees of Congress, on
whether Internet Protocol-enabled solutions could aid interoperability.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3182-3183)
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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