WIN: New Law Provides for Nationwide Public Safety Broadband Network, Includes D Block
By Laura DeKoven Waxman
March 5, 2012
The recently enacted Middle Class Tax Relief and Job Creation Act includes public safety communications provisions critical to achieving a nationwide interoperable public safety broadband network – a Conference of Mayors priority. The legislation passed the Congress February 17 and was signed by President Obama February 22.
Applauding the bipartisan compromise which made the Act’s passage by Congress possible, Houston Mayor Annise D. Parker, Chair of the Conference of Mayors Committee on Criminal and Social Justice, said that “all Americans deserve cities that are safe and secure, and effective communications among police, fire, and other first responders are essential to this.” Explaining that the legislation will reallocate the D Block of the 700 MHz spectrum to public safety and provide for the build out of a nationwide interoperable wireless broadband network, Parker continued: “Mayors strongly support these provisions because they would help to assure that our first responders are able to access a communications network capable of providing reliable high speed data and voice applications so that they can meet current and future public safety needs.”
The communications provisions were included in the payroll tax cut agreement because they also authorize incentive auctions of other portions of the spectrum which are expected to generate $25.5 billion, and the proceeds of those auctions (other than the portions which would go to public safety) can be used to offset other provisions in the legislation.
Among the major provisions of the public safety portions of the agreement:
- Reallocation of the D Block of the 700 MHZ (valued at $2.75 billion) to public safety;
- Retention of 700 MHz narrowband spectrum by public safety;
- Reallocation of T-Band (currently used by public safety agencies in some metropolitan areas) within 11 years, with funds available to defray the costs of relocation;
- Establishment of a First Responder Network Authority to hold the license for and manage the public safety broadband network. It will be housed within the National Telecommunications and Information
Administration in Commerce, but have separate leadership and a board composed of the Secretary of Homeland Security, Attorney General, Office of Management and Budget Director and 12 others appointed by Secretary of Commerce (including at least three from state, local, or tribal government and three public safety professionals). The Authority is charged with taking all actions necessary to ensure the building, deployment, and operation of the nationwide public safety broadband network, in consultation with federal, state, tribal, and local public safety entities, and others;
- Development of a nationwide public safety broadband network on a single, national network architecture, with a provision that would allow states that demonstrate the capacity to build their own networks and connect them to the national network to opt out;
- Establishment of a Technical Advisory Board for First Responder Interoperability to develop technical requirements;
- Authorization of $135 million for state and local planning grants and $7 billion for network development; and
- Authorization of $115 million for the deployment of Next Generation 9-1-1 services and $100 billion for Public Safety Research (with an additional $200 million to become available after the auctions provide $15 billion in offsets.
The agreement also includes language which would require state and local governments to approve any eligible facilities requests for the modification of an existing wireless tower or base station that do not substantially change its physical dimensions. The Conference of Mayors and others raised concerns with this preemption of local authority and tried to get it removed.
In her comments, Parker also recognized many of the people and organizations whose efforts made passage of the public safety provisions possible: “Among those in Congress who deserve our thanks are the leaders of the Senate and House Commerce Committees: West Virginia Senator Jay Rockefeller, Texas Senator Kay Bailey Hutchison, Michigan Representative Fred Upton, Oregon Representative Greg Walden, and California Representatives Henry Waxman and Anna Eshoo. They listened to what public safety and state and local government officials told them and they enacted legislation which will help to meet our needs. The White House, particularly Vice President Joe Biden, provided crucial leadership on this issue. The organizations which represent state and local government and public safety stood strongly together on this and worked in close partnership. This was a bipartisan team effort which will make our communities and our people safer in the years ahead.”
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