By Laura DeKoven Waxman
June 13, 2011

In a victory for public safety and local and state government, the Senate Commerce Committee June 8 approved legislation which 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. S. 911, The Public Safety Spectrum and Wireless Innovation Act, was reported out on a 21-4 vote. It is co'sponsored by Committee Chairman John D. (Jay) Rockefeller, IV (WV) and Ranking Member Kay Bailey Hutchison (TX). Rockefeller stated emphatically during the markup that he wants the bill enacted into law before the tenth anniversary of the September 11, 2001 terrorist attacks.

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 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.

A provision (Section 528) was added to the version of the bill considered by the Committee which states that, “A state and local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower that does not substantially change the physical dimensions of such tower.” The Conference of Mayors believes that this provision represents an unwarranted federal intrusion into state and local zoning authority, would override the current requirement that the federal courts have exclusive jurisdiction to address wireless tower disputes, and would compel approval of modifications even when there are real concerns about the safety of the structure in question. The Conference of Mayors is working with Senate staff to try to resolve the problems, which Section 528 would impose on state and local government.