By Laura DeKoven Waxman
January 31, 2011

President Barack Obama, in his January 25 State of the Union address, acknowledged the Administration's goal of developing a wireless public safety communications network, the plan for which had been discussed in a White House conference call with state and local government officials shortly before the speech.

The Administration is calling for allocating the D Block to public safety and using incentive auctions of other portions of spectrum to raise $10.5 billion to develop and deploy a dedicated public safety network. In addition it is calling for supporting additional investment in a network that serves rural communities and meets public safety standards and funding for research and development so that 4G networks and devices can meet public safety requirements. The President's proposals are quite consistent with Conference of Mayors policy and the position it has taken on the D Block of the 700 MHz spectrum.

Further details of the President's public safety communications proposals are expected when the President submits his budget to Congress February 14. It is clear, however, that the White House wants this to be on a fast track so that there will be real progress before the tenth anniversary of the September 11 attacks.

Earlier that same day, West Virginia Senator John D. Rockefeller IV, Chair of the Senate Commerce, Science, and Transportation Committee, reintroduced his Public Safety Spectrum and Wireless Innovations Act — legislation strongly supported by the Conference of Mayors and quite consistent with the President's proposals.

Rockefeller's bill is intended to ensure the deployment of a nationwide public safety interoperable broadband network in the 700 MHz band in both rural and urban areas, and that the nationwide public safety broadband network is fully interoperable on a nationwide basis. It would reallocate and integrate the 700 MHz D block spectrum for use by public safety entities, and authorize the FCC to auction at least 25 MHz of other portions of the spectrum and deposit the proceeds into a Public Safety Interoperable Broadband Network Construction Fund and a Public Safety Interoperable Broadband Maintenance and Operation Fund.

It would also direct the FCC to establish standards for secondary use of the public safety network, allowing licensees to lease capacity on a secondary, but preemptible basis to non-public safety governmental users, commercial users, utilities, and federal agencies. And it would require that any proceeds from those leases be deposited in the maintenance and operation fund and be used for constructing, maintaining, improving, or purchasing equipment to be used in conjunction with the network.

The Chair and Vice Chair of the Conference's Criminal and Social Justice Committee, Houston Mayor Annise Parker and Arlington Heights (IL) Mayor Arlene J. Mulder sent a letter to Rockefeller, also on January 25, indicating the Conference of Mayors strong support for his legislation. "All Americans deserve to be able to live in communities that are safe and secure, and effective communications among police, fire, and other first responders are essential to this," the mayors wrote. "We look forward to working with you on your efforts to secure the D Block for America's first responders and support the development of a nationwide public safety broadband network," they said.