[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3756 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3756
To amend the Communications Act of 1934 to provide public safety
providers an additional 10 megahertz of spectrum to support a national,
interoperable wireless broadband network and authorize the Federal
Communications Commission to hold incentive auctions to provide funding
to support such a network, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 5, 2010
Mr. Rockefeller introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to provide public safety
providers an additional 10 megahertz of spectrum to support a national,
interoperable wireless broadband network and authorize the Federal
Communications Commission to hold incentive auctions to provide funding
to support such a network, 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 ``Public Safety
Spectrum and Wireless Innovation Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--NATIONWIDE INTEROPERABLE PUBLIC SAFETY BROADBAND NETWORK
Sec. 101. Establishment of network.
Sec. 102. Reallocation of D block to public safety.
Sec. 103. Flexible use of narrowband spectrum.
Sec. 104. Secondary use of public safety spectrum.
Sec. 105. Interoperability.
Sec. 106. Commercial network roaming and priority access.
Sec. 107. Advisory board.
TITLE II--FUNDING
Sec. 201. Establishment of funds.
Sec. 202. Public safety interoperable broadband network construction.
Sec. 203. Public safety interoperable broadband maintenance and
operation.
Sec. 204. Incentive spectrum auction authority.
Sec. 205. Report on efficient use of public safety spectrum.
Sec. 206. GAO report on satellite broadband.
Sec. 207. Access to GSA schedules.
Sec. 208. Federal infrastructure sharing.
Sec. 209. Audits.
Sec. 210. Antidiversion prohibition.
SEC. 2. DEFINITIONS.
In this Act:
(1) 700 mhz band.--The term ``700 MHz band'' means the
portion of the electromagnetic spectrum between the frequencies
from 698 megahertz to 806 megahertz.
(2) 700 mhz d block spectrum.--The term ``700 MHz D block
spectrum'' means the portion of the electromagnetic spectrum
between the frequencies from 758 megahertz to 763 megahertz and
between the frequencies from 788 megahertz to 703 megahertz.
(3) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(4) Commmission.--The term ``Commission'' means the Federal
Communications Commission.
(5) Construction fund.--The term ``construction fund''
means the fund established in section 201(a)(1)(A).
(6) Existing public safety broadband spectrum.--The term
``existing public safety broadband spectrum'' means the portion
of the electromagnetic spectrum between the frequencies from
763 megahertz to 768 megahertz and between the frequencies from
793 megahertz to 798 megahertz.
(7) Maintenance and operation fund.--The term ``maintenance
and operation fund'' means the fund established in section
201(a)(2)(A).
(8) Narrowband spectrum.--The term ``narrowband spectrum''
means the portion of the electromagnetic spectrum between the
frequencies from 769 megahertz to 775 megahertz and between the
frequencies from 799 megahertz to 805 megahertz.
(9) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration.
TITLE I--NATIONWIDE INTEROPERABLE PUBLIC SAFETY BROADBAND NETWORK
SEC. 101. ESTABLISHMENT OF NETWORK.
(a) In General.--The Commission shall take all actions necessary to
ensure the deployment of a nationwide public safety interoperable
broadband network in the 700 MHz band, including--
(1) developing and implementing nationwide technical and
operational requirements for the network;
(2) adopting any rules necessary to achieve
interoperability in the network; and
(3) adopting user authentication and encryption
requirements for the network.
(b) Coverage.--The Commission shall ensure that the network is
deployed and interoperable in rural, as well as urban, areas, including
necessary build out of communications infrastructure in rural areas to
accommodate network access and functionality.
SEC. 102. REALLOCATION OF D BLOCK TO PUBLIC SAFETY.
(a) Reallocation of D Block.--
(1) In general.--The Commission shall reallocate the 700
MHz D block spectrum for use by public safety entities in
accordance with the provisions of this Act.
(2) Spectrum allocation.--Section 337(a) of the
Communications Act of 1934 (47 U.S.C. 337(a)) is amended--
(A) by striking ``24'' in paragraph (1) and
inserting ``34''; and
(B) by striking ``36'' in paragraph (2) and
inserting ``26''.
(b) Integration With Existing Public Safety Broadband Spectrum.--
The Commission shall--
(1) determine the licensing for the 700 MHz D block
spectrum reallocated under section 337 of the Communications
Act of 1934 (47 U.S.C. 337), as amended by subsection (a);
(2) determine how best to integrate the 700 MHz D block
spectrum reallocated with the existing public safety spectrum;
and
(3) determine whether the 20 megahertz of public safety
broadband spectrum should be licensed on a nationwide,
regional, or statewide basis, or some combination thereof, in
accordance with the public interest.
SEC. 103. FLEXIBLE USE OF NARROWBAND SPECTRUM.
The Commission shall allow the narrowband spectrum to be used in a
flexible manner, including usage for public safety broadband
communications, subject to such technical and interference protection
measures as the Commission may require.
SEC. 104. SECONDARY USE OF PUBLIC SAFETY SPECTRUM.
(a) In General.--Notwithstanding section 337 of the Communications
Act of 1934 (47 U.S.C. 337), the Commission may authorize any public
safety licensee or licensees to allow access to spectrum licensed to
such licensee or licensees to non-public safety governmental users,
commercial users, utilities, including organizations providing or
operating critical infrastructure, including electric, gas, and water
utilities, and other Federal agencies and departments.
(b) Limitations and Conditions.--The Commission shall--
(1) authorize the provision of access to such spectrum only
on a secondary basis;
(2) require secondary access agreements to be in writing
and to be submitted to the Commission for review and approval;
(3) require that the public safety entity retain the right
to use any such spectrum on a primary, preemptible basis;
(4) consider whether it is in the public interest to
require multiple secondary leases per licensee; and
(5) require that all funds received from such secondary
access pursuant to such written agreements be reinvested in the
public safety interoperable broadband network by using such
funds only for constructing, maintaining, improving, or
purchasing equipment to be used in conjunction with the
network, by deposit into the Maintenance and Operation Fund
established by section 201 or otherwise.
SEC. 105. INTEROPERABILITY.
(a) In General.--The Commission shall ensure that the nationwide
public safety broadband network is fully interoperable on a nationwide
basis.
(b) Technical and Operational Rules.--
(1) Insuring interoperability.--The Commission shall
establish technical and operational rules to ensure nationwide
interoperability, including rules that--
(A) establish requirements for nationwide roaming
ability among any licensee, licensees, lessees, and
secondary users;
(B) will ensure the safety of State broadband
public safety networks, including requirements for
protecting and monitoring the network to protect
against cyber-attack;
(C) will promote competition in the device market
for public safety communications by requiring devices
for use on a public safety network to be--
(i) built to open standards;
(ii) capable of being used by any vendor
and across all public safety systems; and
(iii) backward-compatible with existing
second and third generation commercial
networks;
(D) authorize public safety entities to execute
partnerships with other public or private entities to
build or operate the State's public safety broadband
network;
(E) encourage public safety entities to utilize, to
the greatest extent possible, existing commercial,
State, or Federal government infrastructure;
(F) will ensure that the interoperability plan
includes integration with 9-1-1 call centers; and
(G) require any licensee or licensees to file
annual reports on--
(i) the status of public safety broadband
network construction and interoperability; and
(ii) the status and deployment of existing
public safety broadband and narrowband systems.
(2) Factors to be considered.--In carrying out paragraph
(1), the Commission shall, at a minimum, consider--
(A) the extent to which particular technologies and
user equipment are, or are likely to be, available in
the commercial marketplace;
(B) the availability of necessary technologies and
equipment on reasonable and non-discriminatory
licensing terms; and
(C) the ability of particular technologies and
equipment--
(i) to evolve with technological
developments in the commercial marketplace; and
(ii) to accommodate prioritization for
public safety transmissions.
(c) RFP Standards.--
(1) In general.--The Commission shall establish procedural
and substantive requirements for requests for proposals related
to the nationwide public safety broadband network that--
(A) require such requests to meet the technical
requirements under subsection (b) that ensure
interoperability of the broadband network to which it
relates and ensure that nothing will interfere with
such interoperability;
(B) limit the authority for issuing such requests
to States or multi-State organizations, except to the
extent delegated to an agency or political subdivision;
(C) will ensure that the request-for-proposals
process is open, transparent, and competitive;
(D) require any such request--
(i) to be issued on a Statewide or multi-
State basis and to be coordinated with the
appropriate State chief executive or the
executive's designee;
(ii) to demonstrate that the State has a
plan for interoperability, with provision for
both urban and rural build out; and
(iii) to cover any necessary relocation of
incumbent narrowband operations in the existing
public safety broadband spectrum;
(E) authorize States to issue requests for
proposals that will build on a State broadband network;
and
(F) require the term of any contract under the
process to be reasonable and, in any event, for less
than the term of the underlying license.
(2) Model rfps.--The Commission may encourage the use of
the requests-for-proposal model or form developed by the
Government Accountability Office under section 207 of this Act.
(d) Rural Build Out Requirements.--The Commission shall--
(1) establish rural build out targets for the public safety
broadband network, including targets for States or smaller
areas;
(2) require contracts awarded through the request-for-
proposals process in connection with the network to include
deployment phases with substantial rural coverage milestones as
part of each phase where appropriate; and
(3) in collaboration with the Assistant Secretary, make
funding for each build out phase after the first contingent on
meeting build out targets for the preceding phase to the extent
feasible.
(e) Development and Maintenance of Interoperability, Security, and
Functionality Standards.--The Commission and through agreements
executed with the National Institute of Standards and Technology, shall
develop, maintain, and update such requirements and standards as may be
necessary to ensure interoperability, security, and functionality.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission, for use by the Emergency Response and
Interoperability Center in carrying out its responsibilities under this
Act, $5,500,000 for each of fiscal years 2012 through 2017.
SEC. 106. COMMERCIAL NETWORK ROAMING AND PRIORITY ACCESS.
The Commission may adopt rules, if necessary in the public
interest, to improve the ability of public safety networks to roam onto
commercial networks and to gain priority access to commercial networks
in an emergency if--
(1) the public safety entity equipment is technically
compatible with the commercial network;
(2) the commercial network is reasonably compensated; and
(3) it is consistent with the public interest.
SEC. 107. PUBLIC SAFETY ADVISORY BOARD.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Commission shall establish a public safety advisory
board to advise the Commission on--
(1) carrying out its duties under section 101; and
(2) the implementation of improvements to the public safety
interoperable broadband network under that section.
(b) Composition.--The Commission shall determine the composition of
the advisory board, which shall include, at a minimum, representatives
from each of the following:
(1) State, local, and tribal governments.
(2) Public safety organizations.
(3) Providers of commercial mobile service.
(4) Manufacturers of communications equipment.
(c) Reports.--The Commission shall consult with the advisory board
on any study or report on public safety spectrum.
(d) FACA Inapplicable.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the advisory board.
(e) Termination.--The advisory board shall terminate 10 years after
the date of enactment of this Act.
TITLE II--FUNDING
SEC. 201. ESTABLISHMENT OF FUNDS.
(a) In General.--
(1) Construction fund.--
(A) Establishment.--There is established in the
Treasury of the United States a fund to be known as the
Public Safety Interoperable Broadband Network
Construction Fund.
(B) Purpose.--The Assistant Secretary shall
establish and administer the grant program under
section 202 using the funds deposited in the
Construction Fund.
(C) Credit.--
(i) Borrowing authority.--The Assistant
Secretary may borrow from the general fund of
the Treasury beginning on October 1, 2010, such
sums as may be necessary, but not to exceed
$2,000,000,000, to implement section 202.
(ii) Reimbursement.--The Secretary of the
Treasury shall reimburse the general fund of
the Treasury, without interest, for any amounts
borrowed under clause (i) as funds are
deposited into the Construction Fund, but in no
case later than December 31, 2014.
(2) Maintenance and operation fund.--
(A) Establishment.--There is established in the
Treasury of the United States a fund to be known as the
Public Safety Interoperable Broadband Network
Maintenance and Operation Fund.
(B) Purpose.--The Commission shall use the funds
deposited in the Maintenance and Operation Fund to
carry out section 203.
(b) Transfer of Funds at Completion of Construction.--The Secretary
of the Treasury shall transfer to the Maintenance and Operation Fund
any funds remaining in the Construction Fund after the date of the
completion of the construction phase, as determined by the Assistant
Secretary.
(c) Transfer of Funds to the Treasury.--The Secretary of the
Treasury shall transfer to the general fund of the Treasury any funds
remaining in the Maintenance and Operation Fund after the end of the
10-year period that begins after the date of the completion of the
construction phase, as determined by the Assistant Secretary.
(d) Authorization of Appropriations.--
(1) Construction fund.--There are authorized to be
appropriated to the Assistant Secretary for deposit in the
Construction Fund in and after fiscal year 2012 such as sums as
necessary subject to paragraph (3).
(2) Maintenance and operation fund.--There are authorized
to be appropriated to the Commission for deposit in the
Maintenance and Operation Fund in and after fiscal year 2012
such as sums as necessary subject to paragraph (3).
(3) Limitation.--The authorization of appropriations under
paragraphs (1) and (2) may not exceed a total of
$11,000,000,000.
SEC. 202. PUBLIC SAFETY INTEROPERABLE BROADBAND NETWORK CONSTRUCTION.
(a) Construction Grant Program Establishment.--The Assistant
Secretary, in consultation with the Commission, shall take such action
as is necessary to establish a grant program to assist public safety
entities to establish a nationwide public safety interoperable
broadband network in the 700 MHz band.
(b) Projects.--Grants may be made under this section for the
construction of a public safety interoperable broadband network,
including improvement of existing commercial and noncommercial networks
and facilities and construction of new infrastructure to meet public
safety requirements, as defined by the Commission, that operate as part
of the public safety interoperable broadband network in the 700 MHz
band.
(c) Matching Requirements.--
(1) Federal share.--
(A) In general.--The Federal share of the cost of
carrying out a project under this section may not
exceed 80 percent of the eligible costs of carrying out
a project, as determined by the Assistant Secretary in
consultation with the Commission.
(B) Waiver.--The Assistant Secretary may waive, in
whole or in part, the requirements of subparagraph (A)
for good cause shown if it determines that such a
waiver is in the public interest.
(2) Non-federal share.--The non-Federal share of the cost
of carrying out a project under this section may be provided
through an in-kind contribution.
(d) Requirements.--Not later than 6 months after the date of
enactment of this Act, the Assistant Secretary, in consultation with
the Commission, shall establish grant program requirements including
the following:
(1) Demonstrated compliance with applicable Commission
request-for-proposal and license terms and service rules,
including interoperability and technical rules, construction
requirements, and secondary use rules.
(2) Defining entities that are eligible to receive a grant
under this section.
(3) Defining eligible costs for purposes of subsection
(c)(1).
(4) Determining the scope of network infrastructure
eligible for grant funding under this section.
(5) Prioritizing grants for projects that ensure coverage
in rural as well as urban areas.
SEC. 203. PUBLIC SAFETY INTEROPERABLE BROADBAND MAINTENANCE AND
OPERATION.
(a) Maintenance and Operation Reimbursement Program.--The
Commission shall administer a program through which not more than 50
percent of maintenance and operational expenses associated with the
public safety interoperable broadband network may be reimbursed from
the Maintenance and Operation Fund for those expenses that are
attributable to the maintenance, operation, and improvement of the
public safety interoperable broadband network.
(b) Report.--Not later than 7 years after the date of enactment of
this Act, the Commission shall submit to Congress a report on whether
to continue to provide funding for the Maintenance and Operation Fund
after the end of the 10-year period that begins after the date of the
completion of the construction phase, as determined by the Assistant
Secretary.
SEC. 204. AUCTION OF SPECTRUM.
(a) In General.--
(1) Identification of spectrum.--Not later than 1 year
after the date of enactment of this Act, the Assistant
Secretary shall identify, at a minimum, 25 megahertz of
contiguous spectrum at frequencies located between 1675
megahertz and 1710 megahertz, inclusive, to be made available
for immediate reallocation.
(2) Auction.--Not later than January 31, 2013, the
Commission shall conduct the auction of the licenses, by
commencing the bidding, for the following:
(A) The spectrum between the frequencies of 2155
megahertz and 2180 megahertz, inclusive.
(B) The spectrum identified pursuant to paragraph
(1).
(3) Proceeds.--The proceeds (including deposits and up
front payments from successful bidders) from the auction shall
be deposited in the Construction Fund.
(b) Incentive Spectrum Auction Authority.--
(1) In general.--Paragraph (8) of section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) is amended--
(A) by striking ``(B), (D), and (E),'' in
subparagraph (A) and inserting ``(B), (D), (E), and
(F),''; and
(B) by adding at the end thereof the following:
``(F) Incentive auction authority.--
``(i) Authority.--The Commission may If the
Commission determines that it is consistent
with the public interest in utilization of the
spectrum for a licensee to relinquish
voluntarily some or all of its licensed
spectrum usage rights in order to permit the
assignment of new initial licenses subject to
new service rules, the Commission may disburse
to that licensee a portion of the auction
proceeds related to the new use that the
Commission determines, in its discretion, are
attributable to the licensee's relinquished
spectrum usage.
``(ii) Proceeds for funds.--Notwithstanding
subparagraph (A), the proceeds (including
deposits and up front payments from successful
bidders) from the use of a competitive bidding
system under this subsection with respect to
relinquished spectrum, after deduction of any
amounts disbursed to the relinquishing
licensee, shall be deposited as follows:
``(I) All proceeds less than or
equal to $5,500,000,000 shall be
deposited in the Construction Fund and
shall be made available to the
Assistant Secretary without further
appropriations.
``(II) Any proceeds exceeding
$5,500,000,000 shall be deposited in
the Maintenance and Operation Fund and
shall be made available to the
Commission without further
appropriations.
``(III) Any proceeds exceeding
$11,000,000,000 shall be made
available, as provided by appropriation
Acts, for growth-enhancing
infrastructure projects, including the
NextGen aviation navigation system,
development of high-speed rail
transportation, and Smart Grid
electrical power transmission and
management technology.''.
(c) Extension of Auction Authority.--Section 309(j)(11) of the
Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by
striking ``2012'' and inserting ``2020''.
(d) Limitation.--
(1) In general.--The Commission may not reclaim frequencies
licensed to broadcast television licensees or other licensees,
directly or indirectly, on an involuntary basis for purposes of
section 309(j)(8)(F) of the Communications Act of 1934.
(2) Rule of construction.--Nothing in this Act or in the
amendments made by this Act shall be construed to permit the
Commission to reclaim frequencies of broadcast television
licensees or any other licensees directly or indirectly on an
involuntary basis for the purpose that section.
SEC. 205. REPORT ON EFFICIENT USE OF PUBLIC SAFETY SPECTRUM.
Not later than 5 years after the date of enactment of this Act and
every 5 years thereafter, the Commission shall conduct a study and
submit a report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Energy and
Commerce Congress on the spectrum held by the public safety entities.
In the report the Commission shall--
(1) examine how such spectrum is being used;
(2) provide a recommendation for whether more spectrum
needs to be made available to meet the needs of public safety
entities; and
(3) assess the opportunity for return of any spectrum to
the Commission for auction to commercial providers to provide
revenue to the Treasury of the United States.
SEC. 206. GAO REPORT ON SATELLITE BROADBAND.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a study and
submit to Congress a report on the current and future capabilities of
fixed and mobile satellite broadband to assist public safety entities
during an emergency.
SEC. 207. ACCESS TO GSA SCHEDULES.
The Administrator of General Services shall--
(1) establish rules under which public safety entities may
access and use the rates offered to the General Services
Administration for communications services and devices;
(2) develop and furnish to the Commission a model request-
for-proposals form for public safety use under section 105; and
(3) develop a procedure under which public safety entities
are authorized to purchase from established GSA schedules.
SEC. 208. FEDERAL INFRASTRUCTURE SHARING.
The Administrator of General Services shall establish rules to
allow any public safety licensee or licensees to have access to Federal
infrastructure to construct and maintain the public safety
interoperable broadband network.
SEC. 209. AUDITS.
(a) In General.--Not later than 3 years after the date of enactment
of this Act, and every 3 years thereafter, the Comptroller General of
the United States shall perform an audit of the financial statements,
records, and accounts of the--
(1) Public Safety Interoperable Broadband Network
Construction Fund established under section 201(a)(1);
(2) Public Safety Interoperable Broadband Network
Maintenance and Operation Fund established under section
201(a)(2);
(3) construction grant program established under section
202; and
(4) maintenance and operation program established under
section 203.
(b) GAAP.--Each audit required under subsection (a) shall be
conducted in accordance with generally acceptable accounting
procedures.
(c) Report to Congress.--A copy of each audit required under
subsection (a) shall be submitted to the appropriate committees of
Congress.
SEC. 210. ANTIDIVERSION PROHIBITION.
Except as provided in section 309(j)(8)(F)(ii)(III) of the
Communications Act of 1934, as added by this Act, no funds made
available under this Act or any amendment made by this Act may be used
for any purpose other than in support of the nationwide public safety
interoperable broadband network to be deployed under this Act,
including the acquisition, construction, or reconstruction of
infrastructure and facilities, the purchase of equipment and services,
including hardware, software, and training, in accordance with rules
established by the Commission.
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