[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 744 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 744

 To provide greater public safety by making more spectrum available to 
      public safety, to establish the Public Safety Interoperable 
  Communications Working Group to provide standards for public safety 
                spectrum needs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2007

  Mr. McCain introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To provide greater public safety by making more spectrum available to 
      public safety, to establish the Public Safety Interoperable 
  Communications Working Group to provide standards for public safety 
                spectrum needs, 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 ``Spectrum 
Availability for Emergency-Response and Law-Enforcement to Improve 
Vital Emergency Services Act'' or the ``SAVE LIVES Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
TITLE I--USER-DRIVEN APPROACH TO SOLVING PUBLIC SAFETY INTEROPERABILITY

Sec. 101. Establishment of the Public Safety Interoperable 
                            Communications Working Group.
   TITLE II--STATE, LOCAL, AND REGIONAL INTEROPERABLE VOICE AND DATA 
                                NETWORK

Sec. 201. Sense of the Congress.
Sec. 202. Allowing for data transmission on the public safety bands.
          TITLE III--NATIONAL INTEROPERABLE BROADBAND NETWORK

Sec. 301. Sense of the Congress.
Sec. 302. Preparing for auction.
Sec. 303. Responsibilities of successful bidders for certain spectrum.
Sec. 304. Reversionary license to Public Safety Broadband Trust.
Sec. 305. Loan guarantees.
Sec. 306. Rule of construction.
           TITLE IV--LONG-TERM STRATEGY FOR INTEROPERABILITY

Sec. 401. Report on efficient use of public safety band.
Sec. 402. Report on long-term interoperability by consolidating band 
                            use.
Sec. 403. Report on long-term interoperability using IP-based 
                            solutions.

TITLE I--USER-DRIVEN APPROACH TO SOLVING PUBLIC SAFETY INTEROPERABILITY

SEC. 101. ESTABLISHMENT OF THE PUBLIC SAFETY INTEROPERABLE 
              COMMUNICATIONS WORKING GROUP.

    (a) Establishment.--Not later than 30 days after the date of the 
enactment of this Act, the Chairman of the Federal Communications 
Commission and the Secretary of Homeland Security shall jointly 
establish a Public Safety Interoperable Communications Working Group 
(in this Act referred to as the ``Working Group'') to provide 
continuing advice and counsel to the Chairman and the Secretary with 
respect to public safety interoperable communications.
    (b) Membership.--The Working Group established under subsection (a) 
shall consist of the following:
            (1) Non-federal members.--The following individuals, or 
        their respective designees, shall serve as non-federal members:
                    (A) The President of the Association of Public-
                Safety Communications Officials--International.
                    (B) The President of the Fraternal Order of Police 
                National Lodge.
                    (C) The President of the International Association 
                of Chiefs of Police.
                    (D) The President of the International Association 
                of Fire Fighters.
                    (E) The President of the International Association 
                of Fire Chiefs, Inc.
                    (F) The President of the National Association of 
                Counties.
                    (G) The President of the Major Cities Chiefs 
                Association.
                    (H) The President of the Major County Sheriffs' 
                Association.
                    (I) The President of the National Emergency Number 
                Association.
                    (J) The President of the National Association of 
                State EMS Officials.
                    (K) The Chair of the National Governors 
                Association.
                    (L) The President of the National League of Cities.
                    (M) The President of the National Sheriffs' 
                Association.
                    (N) The Chair of the National Volunteer Fire 
                Council.
                    (O) The President of the United States Conference 
                of Mayors.
                    (P) The President of the Metropolitan Fire Chiefs 
                Association.
                    (Q) The President of the International Municipal 
                Signal Association.
                    (R) 4 members to be elected by a majority of 
                members described in subparagraphs (A) through (Q)--
                            (i) at least 1 of whom shall be a 
                        representative of the critical infrastructure 
                        industry; and
                            (ii) at least 2 of whom shall be a persons 
                        with experience in the commercial wireless 
                        industry.
            (2) Federal members.--
                    (A) In general.--The following individuals, or 
                their respective designees, shall serve as Federal 
                members:
                            (i) The Chairman of the Federal 
                        Communications Commission.
                            (ii) The Secretary of Commerce.
                            (iii) The Secretary of Homeland Security.
                            (iv) The Secretary of Defense.
                            (v) The Secretary of Transportation.
                            (vi) The Attorney General of the United 
                        States.
                    (B) Attendance at meetings.--Any Federal member may 
                appoint a subordinate officer of their agency to attend 
                meetings of the Working Group on the behalf of such 
                member.
    (c) Duties of the Working Group.--The duties of the Working Group 
are as follows:
            (1) To create, and report to the Federal Communications 
        Commission, not later than August 1, 2007, specifications for 
        the development of a national public safety broadband network 
        on the 30MHz band of recovered analog spectrum (encompassing 
        that part of the electromagnetic spectrum between 747 megahertz 
        and 762 megahertz and 777 megahertz and 792 megahertz) 
        reclaimed by the Federal Communications Commission under 
        section 3003 of the Digital Television Transition and Public 
        Safety Act of 2005 (Public Law 109-171; 120 Stat. 22) in 
        preparation for the auction of such spectrum by January 28, 
        2008, including--
                    (A) establishing appropriate build timetables, 
                coverage areas, service levels, performance criteria, 
                and other similar matters for the deployment of such 
                network to ensure that such network will meet mission-
                critical public safety communications requirements;
                    (B) setting forth specific performance criteria 
                that ensures such network will receive support 
                reliability along with security and redundancy at every 
                level of network performance;
                    (C) reviewing and approving open standards for 
                equipment and usage that will support upgrade and 
                technology development on such network;
                    (D) considering the use of ``commercial off-the-
                shelf'' solutions that may promote competition between 
                multiple equipment vendors that may result in lower 
                prices for public safety users of such network;
                    (E) establishing terms of service for the use of 
                such network that--
                            (i) permits public safety users to preempt 
                        use on such network in the event of a national 
                        emergency;
                            (ii) provides capacity throughput latency; 
                        and
                            (iii) allows such network the ability to 
                        support large numbers of users in a cell in the 
                        event of a national emergency;
                    (F) providing that any equipment or applications 
                used on such network is interoperable with broadband 
                equipment or applications used on the 24 MHz band of 
                spectrum (encompassing that part of the electromagnetic 
                spectrum between 764 megahertz and 776 megahertz and 
                794 megahertz and 806 megahertz) allocated to public 
                safety services under section 337(a)(1) of the 
                Communications Act of 1934 (47 U.S.C. 337(a)(1));
                    (G) establishing a user fee schedule that takes 
                into consideration the limited resources of State, 
                local, and tribal governments;
                    (H) assessing, in partnership with any licensee of 
                any part of such network, network construction and 
                testing; and
                    (I) performing compliance review and monitoring of 
                such network, in partnership with the licensee of any 
                part of such network.
            (2) To assess the performance of the licensee of any part 
        of such network over the term of the license granted to such 
        licensee.
            (3) To advise and report to the Federal Communications 
        Commission whether such licensee is complying with the 
        requirements of the license granted to such licensee.
            (4) To take such other action as the Working Group may from 
        time to time determine to be necessary, appropriate, or 
        advisable to accomplish the purposes of this Act.
    (d) Management of Working Group.--
            (1) Chairperson.--
                    (A) In general.--The representatives of the non-
                federal members appointed under subsection (b)(1) shall 
                elect 1 non-federal member to serve as Chairperson of 
                the Working Group.
                    (B) Term of chairperson.--The Chairperson elected 
                under subparagraph (A) shall serve a 1-year term, with 
                the representative of the Association of Public-Safety 
                Communications Officials--International serving the 
                initial term of Chairperson until the first election 
                under subparagraph (A) occurs.
                    (C) Non-eligible members.--Non-federal members 
                appointed pursuant to subsection (b)(1)(R) are not 
                eligible to serve as Chairperson of the Working Group.
            (2) Period of appointment.--
                    (A) In general.--Each member of the Working Group 
                shall be appointed for the life of the Working Group.
                    (B) Vacancies.--A vacancy on the Working Group 
                shall not affect its powers, but shall be filled in the 
                same manner as the original appointment was made.
            (3) Meetings.--After its initial meeting, the Working Group 
        shall meet at the call of its Chairperson or a majority of its 
        members at any time.
            (4) Quorum.--
                    (A) Majority.--12 members of the Working Group 
                shall constitute a quorum, but a lesser number may hold 
                hearings.
                    (B) Approval actions.--All recommendations and 
                reports of the Working Group required by this Act shall 
                be approved only by a majority vote of a quorum of the 
                Working Group.
            (5) Travel expenses.--Members of the Working Group shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for persons employed 
        intermittently by the Federal Government under section 5703(b) 
        of title 5, United States Code, while away from their homes or 
        regular places of business in the performance of services for 
        the Working Group.
            (6) Assistance from federal agencies.--
                    (A) In general.--The Federal Communications 
                Commission and the Department of Homeland Security 
                shall, jointly, furnish to the Working Group clerical, 
                administrative, and other assistance for the 
                performance of the functions of the Working Group.
                    (B) Other departments and agencies.--In addition to 
                the assistance prescribed under subparagraph (A), 
                departments and agencies of the United States may 
                provide to the Working Group such services, funds, 
                facilities, staff, and other support services as they 
                may determine advisable and as may be authorized by 
                law.
            (7) FACA not applicable.--The Working Group shall not be 
        subject to the Federal Advisory Committee Act (5 U.S.C. App. 
        2).
            (8) Public meetings and reports.--The Working Group shall--
                    (A) to the extent appropriate, and in the 
                discretion of the Working Group, open its hearings and 
                meetings to the public; and
                    (B) make broadly available to the public at no cost 
                any report of the Working Group.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the provisions of this section $500,000 for 
each of fiscal years 2008 through 2013.

   TITLE II--STATE, LOCAL, AND REGIONAL INTEROPERABLE VOICE AND DATA 
                                NETWORK

SEC. 201. SENSE OF THE CONGRESS.

    It is the sense of Congress that the 24 MHz band of spectrum 
(encompassing that part of the electromagnetic spectrum between 764 
megahertz and 776 megahertz and 794 megahertz and 806 megahertz) 
allocated to public safety services under section 337(a)(1) of the 
Communications Act of 1934 (47 U.S.C. 337(a)(1)) should be used by 
State, local, and regional public safety organizations for 
interoperable voice and data communications.

SEC. 202. ALLOWING FOR DATA TRANSMISSION ON THE PUBLIC SAFETY BANDS.

    (a) FCC Proceeding on Data Transmission.--Not later than 30 days 
after the date of enactment of this Act, the Federal Communications 
Commission shall--
            (1) complete its Eighth Notice of Proposed Rulemaking In 
        the Matter of Implementing a Nationwide, Broadband, 
        Interoperable Public Safety Network in the 700MHz Band; 
        Development of Operational, Technical and Spectrum Requirements 
        for Meeting Federal, State and Local Public Safety 
        Communication Requirements Through the Year 2010 (PS Docket No. 
        06-229; WT Docket No. 96-86); and
            (2) issue rules allowing certain channels within the 
        current 24 MHz band of public safety spectrum (encompassing 
        that part of the electromagnetic spectrum between 764 megahertz 
        and 776 megahertz and 794 megahertz and 806 megahertz) to 
        accommodate data communications.

          TITLE III--NATIONAL INTEROPERABLE BROADBAND NETWORK

SEC. 301. SENSE OF THE CONGRESS.

    It is the sense of Congress that the 30MHz band of recovered analog 
spectrum (encompassing that part of the electromagnetic spectrum 
between 747 megahertz and 762 megahertz and 777 megahertz and 792 
megahertz) reclaimed by the Federal Communications Commission under 
section 3003 of the Digital Television Transition and Public Safety Act 
of 2005 (Public Law 109-171; 120 Stat. 22) in preparation for the 
auction of such spectrum by January 28, 2008, should be available to 
Federal, State, local, and regional public safety organizations 
(including all Federal agencies, such as the Department of Defense, the 
Federal Bureau of Investigation, the Federal Emergency Management 
Agency, the United States Secret Service, and the United States 
Marshals Service) for a national, interoperable broadband network.

SEC. 302. PREPARING FOR AUCTION.

    (a) In General.--Not later than 45 days after the date of enactment 
of this Act, the Federal Communications Commission shall issue a notice 
of proposed rulemaking to determine how the spectrum described in 
section 301 should be allocated for auction. The rulemaking shall be 
completed by July 1, 2007.
    (b) Content of Notice.--In the notice required under subsection 
(a), the Federal Communications Commission shall--
            (1) ask for comments on the proposed auction; and
            (2) consider--
                    (A) the financial, technical, competitive, and 
                public safety merits of re-banding such spectrum into 
                three 10 MHz bands of paired 5 MHz channels for 
                auction; and
                    (B) whether such spectrum is better auctioned--
                            (i) as one band of 30 MHz with two paired 
                        channels of 15 MHz; or
                            (ii) any other configuration not described 
                        in clause (i) or subparagraph (A).
    (c) Report of the Working Group.--Not later than August 2, 2007, 
the Federal Communications Commission shall make available to the 
public, for notice and comment, the report of the Working Group 
(relating to specifications for a national public safety broadband 
network) required under section 101(c)(1).
    (d) Final Specifications.--
            (1) In general.--Not later than November 1, 2007, the 
        Federal Communications Commission shall issue, based on the 
        report received from the Working Group described in subsection 
        (c), a final report establishing the specifications for a 
        national public safety broadband network.
            (2) Required content.--The final specifications required 
        under paragraph (1) shall set forth the rules of any auction of 
        the spectrum described in section 301, including that any 
        license granted by the Federal Communications Commission for 
        the use of any part of such spectrum is conditioned on the 
        bidder for such spectrum agreeing to implement and comply with 
        the specifications established under paragraph (1).

SEC. 303. RESPONSIBILITIES OF SUCCESSFUL BIDDERS FOR CERTAIN SPECTRUM.

    (a) Required Use of Specifications Produced by Working Group.--Any 
successful bidder for any part of the spectrum described in section 301 
shall, prior to making a bid for such spectrum, agree to implement and 
comply with the specifications concerning the development of a national 
public safety broadband network established by the Federal 
Communications Commission under section 302(d)(1).
    (b) Duty of the FCC.--The Federal Communications Commission shall 
enforce the requirement under subsection (a) in order to ensure 
compliance by any successful bidder.
    (c) Reports by FCC.--
            (1) Development of network.--Not later than January 28, 
        2010, the Federal Communications Commission, in conjunction 
        with the Secretary of Homeland Security, shall report to 
        Congress on the development of such a national public safety 
        broadband network, including a description of the successes and 
        failures of the successful bidder in implementing the 
        provisions of this section.
            (2) Compliance by winning bidder.--Not later than 2 years 
        after the date of enactment of this Act, and every 2 years 
        thereafter, the Federal Communications Commission shall report 
        to Congress on the compliance of the successful bidder for the 
        spectrum described under section 301 in implementing and 
        adhering to the specifications established by the Commission 
        under section 302(d)(1).

SEC. 304. REVERSIONARY LICENSE TO PUBLIC SAFETY BROADBAND TRUST.

    (a) In General.--In the event that the auction of the 30MHz band of 
recovered analog spectrum (encompassing that part of the 
electromagnetic spectrum between 747 megahertz and 762 megahertz and 
777 megahertz and 792 megahertz) reclaimed by the Federal 
Communications Commission under section 3003 of the Digital Television 
Transition and Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 
22) does not produce a successful bidder, the Federal Communications 
Commission may grant a license for the use of such spectrum to the 
Public Safety Broadband Trust Corporation established under subsection 
(b).
    (b) Public Safety Broadband Trust Corporation.--
            (1) Establishment.--There is authorized to be established a 
        private, nonprofit corporation, to be known as the ``Public 
        Safety Broadband Trust Corporation'' (referred to in this Act 
        as the ``Corporation''), which is neither an agency nor 
        establishment of the United States Government or the District 
        of Columbia Government.
            (2) Application of provisions.--The Corporation shall be 
        subject to the provisions of this section, and, to the extent 
        consistent with this section, to the District of Columbia 
        Nonprofit Corporation Act (sec. 29-301.01 et seq., D.C. 
        Official Code).
            (3) Residence.--The Corporation shall have its place of 
        business in the District of Columbia and shall be considered, 
        for purposes of venue in civil actions, to be a resident of the 
        District of Columbia.
            (4) Powers under dc act.--In order to carry out the duties 
        and activities of the Corporation, the Corporation shall have 
        the usual powers conferred upon a nonprofit corporation by the 
        District of Columbia Nonprofit Corporation Act.
            (5) Board of directors.--
                    (A) In general.--The Corporation shall have a Board 
                of Directors (referred to in this Act as the 
                ``Board''), which shall consist of the following 
                members:
                            (i) Non-federal members.--The following 
                        individuals, or their respective designees, 
                        shall serve as non-federal members:
                                    (I) The President of the 
                                Association of Public-Safety 
                                Communications Officials--
                                International.
                                    (II) The President of the Fraternal 
                                Order of Police National Lodge.
                                    (III) The President of the 
                                International Association of Chiefs of 
                                Police.
                                    (IV) The President of the 
                                International Association of Fire 
                                Fighters.
                                    (V) The President of the 
                                International Association of Fire 
                                Chiefs, Inc.
                                    (VI) The President of the National 
                                Association of Counties.
                                    (VII) The President of the Major 
                                Cities Chiefs Association.
                                    (VIII) The President of the Major 
                                County Sheriffs' Association.
                                    (IX) The President of the National 
                                Emergency Number Association.
                                    (X) The President of the National 
                                Association of State EMS Officials.
                                    (XI) The Chair of the National 
                                Governors Association.
                                    (XII) The President of the National 
                                League of Cities.
                                    (XIII) The President of the 
                                National Sheriffs' Association.
                                    (XIV) The Chair of the National 
                                Volunteer Fire Council.
                                    (XV) The President of the United 
                                States Conference of Mayors.
                                    (XVI) The President of the 
                                Metropolitan Fire Chiefs Association.
                                    (XVII) The President of the 
                                International Municipal Signal 
                                Association.
                                    (XVIII) 4 members to be elected by 
                                a majority of members described in 
                                subclauses (I) through (XVII)--
                                            (aa) at least 1 of whom 
                                        shall be a representative of 
                                        the critical infrastructure 
                                        industry; and
                                            (bb) at least 2 of whom 
                                        shall be a persons with 
                                        experience in the commercial 
                                        wireless industry.
                            (ii) Federal members.--
                                    (I) In general.--The following 
                                individuals, or their respective 
                                designees, shall serve as Federal 
                                members:
                                            (aa) The Chairman of the 
                                        Federal Communications 
                                        Commission.
                                            (bb) The Secretary of 
                                        Commerce.
                                            (cc) The Secretary of 
                                        Homeland Security.
                                            (dd) The Secretary of 
                                        Defense.
                                            (ee) The Secretary of 
                                        Transportation.
                                            (ff) The Attorney General 
                                        of the United States.
                    (B) Term.--
                            (i) Length.--The term of office of each 
                        non-federal member of the Board shall be 4 
                        years. Each Federal member of the Board shall 
                        serve as member of the Board for the life of 
                        the Corporation.
                            (ii) Expiration of term.--Any member whose 
                        term has expired may serve until such member's 
                        successor has taken office, or until the end of 
                        the calendar year in which such member's term 
                        has expired, whichever is earlier.
                            (iii) Vacancies.--Any member appointed to 
                        fill a vacancy prior to the expiration of the 
                        term for which such member's predecessor was 
                        appointed shall be appointed for the remainder 
                        of such term.
                    (C) Vacancies not to affect power of board.--A 
                vacancy on the Board shall not affect its powers, but 
                shall be filled in the same manner as the original 
                appointment was made.
                    (D) Election of chairman; election of executive 
                committee; compensation of board members.--
                            (i) Chairman.--All members of the Board 
                        shall annually elect one of their members to be 
                        Chairman, and elect one or more of their 
                        members as a Vice Chairman or Vice Chairmen.
                            (ii) Executive committee.--
                                    (I) In general.--All members of the 
                                Board shall elect, on annual basis, 7 
                                of their members to serve on an 
                                Executive Committee.
                                    (II) Required representation.--Of 
                                the 7 members elected under subclause 
                                (I), at least one representative shall 
                                be elected from--
                                            (aa) the law enforcement 
                                        community;
                                            (bb) the fire services 
                                        community; and
                                            (cc) the community of State 
                                        and local government entities.
                                    (III) Limitation.--No more than 2 
                                of the members of the Executive 
                                Committee may be Federal members of the 
                                Board.
                    (E) Not officers or employees.--The non-federal 
                members of the Board shall not, by reason of such 
                membership, be considered to be officers or employees 
                of the United States Government or of the District of 
                Columbia Government.
                    (F) Travel expenses.--While away from home or 
                regular place of business in the performance of duties 
                for the Board, each member of the Board may receive 
                reasonable travel, subsistence, and other necessary 
                expenses.
                    (G) Officers and employees.--
                            (i) President.--The Corporation shall have 
                        a President, and such other officers as may be 
                        named and appointed by the Board for terms, and 
                        at rates of compensation fixed by the Board.
                            (ii) Limitation on rate of pay.--No officer 
                        or employee of the Corporation may be 
                        compensated by the Corporation at an annual 
                        rate of pay which exceeds the rate of basic pay 
                        in effect from time to time for level I of the 
                        Executive Schedule under section 5312 of title 
                        5, United States Code.
                            (iii) Citizenship requirement.--No 
                        individual other than a citizen of the United 
                        States may be an officer of the Corporation.
                            (iv) Outside sources of compensation.--No 
                        officer of the Corporation, other than the 
                        Chairman or a Vice Chairman, may receive any 
                        salary or other compensation (except for 
                        compensation for services on boards of 
                        directors of other organizations that do not 
                        receive funds from the Corporation, on 
                        committees of such boards, and in similar 
                        activities for such organizations) from any 
                        sources other than the Corporation for services 
                        rendered during the period of his or her 
                        employment by the Corporation.
                            (v) Advance approval for outside service.--
                        Service by any officer on boards of directors 
                        of other organizations, on committees of such 
                        boards, and in similar activities for such 
                        organizations shall be subject to--
                                    (I) annual advance approval by the 
                                Board; and
                                    (II) the provisions of the 
                                Corporation's Statement of Ethical 
                                Conduct.
                            (vi) At will employment.--All officers 
                        shall serve at the pleasure of the Board.
                            (vii) Qualification.--No political test or 
                        qualification may be used in selecting, 
                        appointing, promoting, or taking other 
                        personnel actions with respect to officers, 
                        agents, or employees of the Corporation.
                    (H) Nonprofit and nonpolitical nature of the 
                corporation.--
                            (i) No power to issue stock or declare 
                        dividends.--The Corporation shall have no power 
                        to issue shares of stock, or to declare or pay 
                        any dividends.
                            (ii) No benefit.--No part of the income or 
                        assets of the Corporation shall inure to the 
                        benefit of any officer, employee, or any other 
                        individual associated with the Corporation, 
                        except as salary or reasonable compensation for 
                        services.
                            (iii) Political activity.--The Corporation 
                        may not contribute to or otherwise support any 
                        political party or candidate for elective 
                        public office.
                    (I) Incorporation.--The members of the initial 
                Board shall serve as incorporators and shall take 
                whatever steps are necessary to establish the 
                Corporation under the District of Columbia Nonprofit 
                Corporation Act (sec. 29-301.01 et seq., D.C. Official 
                Code).
                    (J) Meetings of the board.--All meetings of the 
                Board, including any committee of the Board, shall be 
                open to the public, except for meetings--
                            (i) regarding personnel matters; and
                            (ii) that, in the discretion of the Board 
                        or the Executive Committee, should be conducted 
                        in closed session for the purpose of guarding 
                        sensitive commercial information or national 
                        security interests.
    (c) Duties of the Corporation.--The Corporation may--
            (1) obtain, through purchase, a license from the Federal 
        Communications Commission for the use of the 30MHz band of 
        recovered analog spectrum (encompassing that part of the 
        electromagnetic spectrum between 747 megahertz and 762 
        megahertz and 777 megahertz and 792 megahertz) reclaimed by the 
        Federal Communications Commission under section 3003 of the 
        Digital Television Transition and Public Safety Act of 2005 
        (Public Law 109-171; 120 Stat. 22) and reserved for the public 
        safety;
            (2) facilitate the development of a national public safety 
        broadband network, including by the promotion of a single, 
        open, advanced technology standard for such network;
            (3) hold and commit to use any license obtained under 
        paragraph (1) for the benefit of the public safety community 
        throughout the United States;
            (4) establish such arrangements as the Board may determine 
        appropriate to afford public safety entities priority in the 
        use of such network over all other network users;
            (5) assist in the development of a business model that 
        stimulates competition and innovation while attempting to 
        achieve self-sustenance through the auctioning, in conjunction 
        with the Federal Communications Commission, of spectrum 
        relating to the license obtained under paragraph (1) to 
        commercial entities, provided that 10 percent of the revenues 
        from any such auction be deposited in any reserve accounts 
        established under paragraph (9);
            (6) require such commercial entities to construct, manage, 
        and operate a network--
                    (A) that meets specifications established by the 
                Working Group under section 101(c); and
                    (B) that shall be subject to the approval of the 
                Federal Communications Commission;
            (7) encourage such commercial entities to invest in and 
        improve advanced mobile broadband services;
            (8) incur indebtedness to carry out the purposes of this 
        Act;
            (9) establish reserve accounts with funds that the 
        Corporation may receive from time to time that exceed the 
        amounts required by the Corporation to timely pay its debt 
        service and other obligations;
            (10) expend the funds placed in any reserve accounts 
        established under paragraph (9) (including interest earned on 
        any such amounts) in a manner authorized by the Board, but only 
        for purposes that--
                    (A) will advance or enhance public safety 
                communications; or
                    (B) are otherwise approved by an Act of Congress; 
                and
            (11) accept donations, contributions, and grants from 
        supporters and providers of public safety services.
    (d) Authorized Activities.--In order to carry out the duties 
required under subsection (c), the Corporation may--
            (1) issue notes or bonds to purchasers of such instruments 
        in the private capital markets;
            (2) take such steps as the Corporation determines necessary 
        or appropriate to discharge its responsibilities and perform 
        its tasks relating to the intended construction, operation, and 
        oversight of a national broadband network for public safety, 
        including--
                    (A) establishing appropriate build timetables, 
                coverage areas, service levels, performance criteria, 
                and other similar matters for the deployment of such 
                network;
                    (B) reviewing and approving the terms of any 
                licenses for use of the spectrum relating to the 
                license obtained from the Federal Communications 
                Commission under subsection (c)(1);
                    (C) conducting and supervising system and network 
                testing; and
                    (D) engaging in, or arranging for, ongoing 
                compliance review and monitoring of the--
                            (i) network; and
                            (ii) practices and procedures of the 
                        commercial entities operating on such network;
            (3) select, and contract for the services of, an agent 
        which, on behalf of the Corporation, and subject to the 
        direction, policy oversight, and supervision of the Corporation 
        (through its Board), would be empowered to conduct any and all 
        aspects of the process that the Corporation determines to be 
        necessary, appropriate, or advisable to establish and enter 
        into commercial arrangements to build, operate, and manage the 
        network, including leases by commercial service providers for 
        usage rights in that part of the spectrum relating to the 
        license obtained from the Federal Communications Commission 
        under subsection (c)(1);
            (4) hire or accept the voluntary services of consultants, 
        experts, agents (in addition to the agent described in 
        paragraph (3)), advisory boards, and panels to aid the 
        Corporation in carrying out the purpose of this section; and
            (5) take such other actions as the Board may from time to 
        time determine necessary, appropriate, or advisable to 
        accomplish the purposes of this section.
    (e) Selection of Agents, Consultants, and Experts.--The Corporation 
shall select parties to serve as its agents, consultants, or experts in 
a fair, transparent, and objective manner.
    (f) Rule of Construction.--Nothing in this subsection shall be 
construed to commit the Federal Government to provide any sums for the 
payment of any obligation of the Corporation which exceeds amounts 
provided in advance in a relevant appropriations Act.
    (g) Civil Liability.--
            (1) Limited liability.--The liability of the Corporation, 
        its employees and volunteers, in any court of any State or the 
        United States, shall be limited as provided in the District of 
        Columbia Nonprofit Corporation Act.
            (2) Extension of limitation.--
                    (A) In general.--Any director, officer, employee, 
                or agent of the Corporation not otherwise provided for 
                under paragraph (1), including any agent described in 
                subsection (d)(3), is entitled to the same limitations 
                of liability afforded under paragraph (1).
                    (B) Commercial entities.--Any commercial entity 
                described in subsection (d)(3), including the 
                directors, officers, and employees of such entity, 
                shall not be liable in any court of any State or the 
                United States in connection with any injury or damages 
                arising out of the use of that part of spectrum 
                reserved for public safety services, except to the 
                extent that the public safety personnel using such 
                spectrum would be liable for such injury or damages.
    (h) Report to Congress.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and each year thereafter, the 
        Corporation shall submit, directly to the President for review 
        and transmittal to Congress on or before the 15th day of May of 
        each year, an annual report covering the preceding fiscal year.
            (2) Required content.--The report required under paragraph 
        (1) shall include--
                    (A) a comprehensive and detailed report of the 
                operations, activities, financial condition, and 
                accomplishments of the Corporation under this section; 
                and
                    (B) such recommendations or proposals for 
                legislative or administrative action as the Corporation 
                deems appropriate.
            (3) Availability to testify.--The directors, officers, 
        employees, and agents of the Corporation shall be available to 
        testify before the appropriate committees of the Congress with 
        respect to--
                    (A) the report required under paragraph (1);
                    (B) the report of any audit made by the Comptroller 
                General under subsection (i); or
                    (C) any other matter which such committees may 
                determine appropriate.
    (i) Financial Management and Records.--
            (1) In general.--The accounts of the Corporation shall be 
        audited annually in accordance with generally accepted auditing 
        standards by independent certified public accountants or 
        independent licensed public accountants, certified or licensed 
        by a regulatory authority of a State or other political 
        subdivision of the United States. The audit shall be conducted 
        at the place or places where the accounts of the Corporation 
        are normally kept. All books, accounts, financial records, 
        files, and other papers, things, and property belonging to or 
        in use by the Corporation and necessary to facilitate the audit 
        shall be made available to the person or persons conducting the 
        audit, and full facilities for verifying transactions with the 
        balances or securities held by depositories, fiscal agents, and 
        custodians shall be afforded to such person or persons.
            (2) Report on accounts.--
                    (A) Inclusion with annual report.--The report of 
                each such independent audit undertaken pursuant to 
                paragraph (1) shall be included in the annual report 
                required under subsection (h).
                    (B) Required content.--The audit report required 
                under this subsection shall set forth the scope of the 
                audit and include--
                            (i) such statements as are necessary to 
                        present fairly the assets and liabilities, 
                        surplus or deficit of the Corporation;
                            (ii) an analysis of the changes to any such 
                        assets and liabilities, or surplus or deficit 
                        during the year;
                            (iii) reasonably detailed statement of the 
                        Corporation's income and expenses during the 
                        year; and
                            (iv) a statement of the sources and 
                        application of funds, together with the 
                        independent auditor's opinion of those 
                        statements.
            (3) GAO audit.--
                    (A) In general.--The financial transactions of the 
                Corporation, for any fiscal year during which Federal 
                funds are available to finance any portion of its 
                operations, shall be audited by the Comptroller General 
                of the United States in accordance with the principles 
                and procedures applicable to commercial corporate 
                transactions and under such rules and regulations as 
                may be prescribed by the Comptroller General. Any such 
                audit shall be conducted at the place or places where 
                accounts of the Corporation are normally kept. The 
                representative of the Comptroller General shall have 
                access to all books, accounts, records, reports, files, 
                and all other papers, things, or property belonging to 
                or in use by the Corporation pertaining to its 
                financial transactions and necessary to facilitate the 
                audit, and they shall be afforded full facilities for 
                verifying transactions with the balances or securities 
                held by depositories, fiscal agents, and custodians. 
                All such books, accounts, records, reports, files, 
                papers and property of the Corporation shall remain in 
                possession and custody of the Corporation.
                    (B) Report.--
                            (i) In general.--A report of each such 
                        audit undertaken pursuant to subparagraph (A) 
                        shall be made by the Comptroller General to the 
                        Congress.
                            (ii) Required content.--The report required 
                        under clause (i) shall--
                                    (I) contain such comments and 
                                information as the Comptroller General 
                                may deem necessary to inform Congress 
                                of the financial operations and 
                                condition of the Corporation, together 
                                with such recommendations the 
                                Comptroller General may deem advisable; 
                                and
                                    (II) show specifically any program, 
                                expenditure, or other financial 
                                transaction or undertaking observed in 
                                the course of the audit, which, in the 
                                opinion of the Comptroller General, has 
                                been carried on or made without 
                                authority of law.
                            (iii) Copies.--A copy of each report 
                        required under clause (i) shall be furnished to 
                        the President of the United States, to the 
                        Chairman of the Federal Communications 
                        Commission, and to the Corporation at the time 
                        such report is submitted to the Congress.
    (j) Purchase of License.--Notwithstanding any other provision of 
law, the license that may made available for purchase by the 
Corporation in the manner authorized by this section, shall be at a 
price determined by the Federal Communications Commission not to exceed 
$5,000,000,000.

SEC. 305. LOAN GUARANTEES.

    (a) Authorization.--
            (1) In general.--The Federal Communications Commission 
        shall have the authority to enter into an agreement with the 
        Corporation to provide, and to issue, guarantees of loans to 
        the Corporation to provide funds for--
                    (A) the acquisition of the license for the 
                construction, management, and operation of the advanced 
                broadband public safety network authorized by this Act;
                    (B) the establishment of a broadband public safety 
                network in less densely populated, rural areas; and
                    (C) for other operating funds of the Corporation.
            (2) Full faith and credit.--The full faith and credit of 
        the United States is pledged to the payment of all guarantees 
        made under subsection (a) with respect to both principal and 
        interest, including--
                    (A) interest that is capitalized and added to the 
                outstanding principal balance of any loan (subject to 
                the aggregate principal amount limitation of all 
                outstanding guaranteed loans, as set forth in 
                subsection (d)); and
                    (B) interest, as may be provided for in any such 
                guarantee, accruing between the date of default under a 
                guaranteed loan and the payment in full of such 
                guarantee.
    (b) Eligibility.--To be eligible to obtain a loan guarantee under 
subsection (a), the Corporation shall submit a proposal to the Federal 
Communications Commission, at such time and in such manner as the 
Commission may require. Each proposal submitted shall meet the 
requirements of this Act.
    (c) Terms and Conditions.--A loan guaranteed under subsection (a) 
shall--
            (1) bear interest at market rates for United States 
        guaranteed loans of comparable maturity; and
            (2) have a term not to exceed 30 years from the date the 
        relevant indebtedness is incurred.
    (d) Limitations on Amounts.--
            (1) In general.--The principal amount of all outstanding 
        loans guaranteed under this section at any one time shall not 
        exceed, in the aggregate, $10,000,000,000, not more than 
        $5,000,000,000 of which shall be used to fund the purchase 
        price to be paid by the Corporation for the license for the 
        spectrum to be auctioned under this title.
            (2) Varying amounts for loans.--Loans guaranteed under this 
        section may be incurred in different amounts and at different 
        times, and may be refinanced from time to time, provided that 
        no such loan refinancing shall result in the term of the loan 
        being extended.
    (e) Security Interest.--For any loan guaranteed under this section, 
the Corporation shall grant the United States Government a security 
interest in any license for use of spectrum held by the Corporation, or 
other comparable arrangements, satisfactory to the Federal 
Communications Commission.
    (f) Authorization of Appropriations.--In addition to any amounts 
otherwise made available under this section, there are authorized to be 
appropriated such sums as necessary to carry out this section for each 
of the fiscal years 2008 through 2013.
    (g) Termination of Loan Program.--No loan guarantee may be made 
under this section after December 31, 2020.

SEC. 306. RULE OF CONSTRUCTION.

    Nothing in this Act shall affect, or be construed to affect, the 
spectrum auction date of January 28, 2008, as such date was established 
under the Digital Television Transition and Public Safety Act of 2005 
(Public Law 109-171; 120 Stat. 21).

           TITLE IV--LONG-TERM STRATEGY FOR INTEROPERABILITY

SEC. 401. REPORT ON EFFICIENT USE OF PUBLIC SAFETY BAND.

    Not later than 2 years after February 18, 2009, and every February 
18th of each odd-numbered year thereafter, the Federal Communications 
Commission, the Secretary of Homeland Security, and either the Working 
Group established in section 101 or the Corporation established in 
section 304(b), shall, jointly, after allowing time for notice and 
comment, prepare and submit a report to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Energy and Commerce, on the efficiency and effectiveness 
of the public safety use of the 24 MHz band of spectrum (encompassing 
that part of the electromagnetic spectrum between 764 megahertz and 776 
megahertz and 794 megahertz and 806 megahertz) allocated to public 
safety services under section 337(a)(1) of the Communications Act of 
1934 (47 U.S.C. 337(a)(1)).

SEC. 402. REPORT ON LONG-TERM INTEROPERABILITY BY CONSOLIDATING BAND 
              USE.

    Not later than 3 years after the date of enactment of this Act, the 
Federal Communications Commission, the Secretary of Homeland Security, 
and the Working Group established in section 101, shall, jointly, 
prepare and submit a report to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Energy and Commerce, on how during the next 15 years public safety 
organizations can--
            (1) end their use of Land Mobile radio spectrum below 512 
        MHz; and
            (2) begin to use either--
                    (A) the 30MHz band of recovered analog spectrum 
                (encompassing that part of the electromagnetic spectrum 
                between 747 megahertz and 762 megahertz and 777 
                megahertz and 792 megahertz) reclaimed by the Federal 
                Communications Commission under section 3003 of the 
                Digital Television Transition and Public Safety Act of 
                2005 (Public Law 109-171; 120 Stat. 22) in preparation 
                for the auction of such spectrum by January 28, 2008;
                    (B) the 24 MHz band of spectrum (encompassing that 
                part of the electromagnetic spectrum between 764 
                megahertz and 776 megahertz and 794 megahertz and 806 
                megahertz) allocated to public safety services under 
                section 337(a)(1) of the Communications Act of 1934 (47 
                U.S.C. 337(a)(1)); or
                    (C) the spectrum in the 800 MHz band.

SEC. 403. REPORT ON LONG-TERM INTEROPERABILITY USING IP-BASED 
              SOLUTIONS.

    Not later than 1 year after the date of enactment of this Act, the 
Federal Communications Commission, the Secretary of Homeland Security, 
and the Working Group established in section 101, shall, jointly, after 
allowing time for notice and comment, prepare and submit a report to 
the Senate Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Energy and Commerce, on whether 
Internet Protocol-enabled solutions could aid interoperability.
                                 <all>