By Laura DeKoven Waxman
May 30, 2011

The Senate Commerce Committee is expected to mark up legislation in early June that would reallocate the D Block of the 700 MHz to public safety and provide for the development, maintenance and operation of a nationwide public safety wireless broadband network. The bill, which is expected to have the number S. 911, would be co'sponsored by Committee Chairman John D. (Jay) Rockefeller, IV (WV) and Ranking Member Kay Bailey Hutchison (TX). Rockefeller has indicated he wants the bill enacted into law before the tenth anniversary of the September 11, 2001 terrorist attacks.

Commenting on the need for the bill, Rockefeller said, “It’s embarrassing that any teenager with a smartphone has more communications capability than our firefighters, police officers and EMTs. It’s time we finally fulfill one of the last major recommendations of the 9/11 Commission and give our first responders the tools they need to do their jobs.”

According to a staff draft provided to The U.S. Conference of Mayors, the bill would:

• Directly allocate the “D Block” to public safety for pairing with previously allocated 700 MHz spectrum to allow for a contiguous network in the 700 MHz band to meet public safety current and future communication needs;

• Use proceeds from the auction of other portions of the spectrum to provide $12 billion for network deployment nationwide and $500 million for research to ensure wireless broadband technologies meet the needs of first responders. Additional proceeds from those auctions will be dedicated to deficit reduction;

• Establish a non-profit corporation to hold the public safety broadband spectrum license, to build and oversee the wireless network, and to ensure seamless nationwide interoperability. The corporation’s 15-member board would include the Secretaries of Commerce and Homeland Security, the Attorney General and the Director of the Office of Management and Budget, and 11 non-federal members to be appointed by the Secretary of Commerce. At least three of them would represent states, localities, and territories and at least another three would be individuals who are or have served as public safety professionals.

• The corporation would have a standing public safety advisory committee and would be required to consult with regional, state and local jurisdictions regarding the use of funds to carry out implementation including construction of the network cores, placement of towers, coverage areas, and assignment of priority to local users.

Staff from the Big 7 state and local government organizations is working with Committee staff to increase the role of state and local government and public safety in the work of the corporation and to require the corporation to coordinate its work with state and local government activities.

Homeland Security and Governmental Affairs Committee Chairman Joe Lieberman (CT) and Committee Member John McCain (AZ) introduced on May 19 the Broadband for First Responders Act of 2011, which would set aside the D Block for public safety agencies and build a nationwide communications network to use in emergencies. The bill would provide up to $5.5 billion to assist with the costs of constructing the network and up to $5.5 billion for long-term maintenance. The funding would come from revenues generated by the auction of different bands of spectrum to commercial carriers. Any auction revenues in excess of $11 billion would go to deficit reduction. The bill has been referred to the Commerce Committee.

Introducing the bill, Lieberman said, “Securing the D Block for public safety will allow us to build a nationwide interoperable network for emergency communications that could prevent the kinds of communication meltdowns we had during 9-11 and Hurricane Katrina.” McCain called for its passage before the tenth anniversary of 9/11, noting that, “We have slightly more than one hundred days until the ten year anniversary of the horrific events of 9/11.”