[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1040 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1040

 To enhance public safety by making more spectrum available to public 
   safety entities, to facilitate the development of a public safety 
   broadband network, to provide standards for the spectrum needs of 
            public safety entities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 19, 2011

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

_______________________________________________________________________

                                 A BILL


 
 To enhance public safety by making more spectrum available to public 
   safety entities, to facilitate the development of a public safety 
   broadband network, to provide standards for the spectrum needs of 
            public safety entities, 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 ``Broadband for 
First Responders Act of 2011''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
   TITLE I--ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY LICENSES AND 
                         ESTABLISHMENT OF RULES

Sec. 101. Definitions relating to public safety broadband.
Sec. 102. Allocation and assignment of public safety licenses.
Sec. 103. Establishment of rules governing public safety broadband 
                            network.
Sec. 104. Establishment of standards.
Sec. 105. Submission and approval of interoperability communications 
                            plans by States.
Sec. 106. Rule of construction for public safety broadband licensee.
                           TITLE II--FUNDING

Sec. 201. Definitions.
Sec. 202. Funding.
Sec. 203. Public safety interoperable broadband network construction.
Sec. 204. Public safety interoperable broadband maintenance and 
                            operation.
Sec. 205. Audits.
Sec. 206. Auction of spectrum to fund the Construction and Maintenance 
                            and Operation Funds.
Sec. 207. Achieving long-term interoperability and efficient use of 
                            public safety spectrum.
Sec. 208. Report on long-term interoperability using IP-based 
                            solutions.

   TITLE I--ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY LICENSES AND 
                         ESTABLISHMENT OF RULES

SEC. 101. DEFINITIONS RELATING TO PUBLIC SAFETY BROADBAND.

    Section 337(f) of the Communications Act of 1934 (47 U.S.C. 337(f)) 
is amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting before paragraph (3), as so redesignated, 
        the following:
            ``(1) Public safety broadband licensee.--The term `public 
        safety broadband licensee' means a licensee, as defined by the 
        Commission in its Second Report and Order adopted July 31, 2007 
        (FCC 07-132), and selected in the Commission's Order adopted 
        November 19, 2007 (FCC 07-199), by the Commission to be the 
        licensee for the 763-768/793-798 MHz.
            ``(2) Public safety broadband spectrum.--The term `public 
        safety broadband spectrum' means the electromagnetic spectrum 
        between 758 megahertz and 768 megahertz, inclusive, and 788 
        megahertz and 798 megahertz, inclusive, and any additional 
        electromagnetic frequencies allocated by the Commission for 
        public safety broadband use.''.

SEC. 102. ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY LICENSES.

    (a) Spectrum Allocation.--Section 337(a) of the Communications Act 
of 1934 (47 U.S.C. 337(a)) is amended--
            (1) in paragraph (1), by striking ``24'' and inserting 
        ``34''; and
            (2) in paragraph (2), by striking ``36'' and inserting 
        ``26''.
    (b) Assignment.--Section 337(b) of the Communications Act of 1934 
(47 U.S.C. 337(b)) is amended to read as follows:
    ``(b) Assignment.--
            ``(1) Allocation of paired bands.--Not later than 30 days 
        after the date of enactment of the Broadband for First 
        Responders Act of 2011, the Commission shall allocate the 
        paired electromagnetic spectrum bands of 758-763 megahertz and 
        788-793 megahertz for public safety broadband communications.
            ``(2) Licensing of paired bands.--Not later than 60 days 
        after the date of enactment of the Broadband for First 
        Responders Act of 2011, the Commission shall license the paired 
        electromagnetic spectrum bands described under subparagraph (A) 
        to the public safety broadband licensee.''.

SEC. 103. ESTABLISHMENT OF RULES GOVERNING PUBLIC SAFETY BROADBAND 
              NETWORK.

    (a) Establishment of Rules.--Not later than 180 days after the date 
of enactment of this Act, the Federal Communications Commission shall 
establish the following rules:
            (1) Authorizing the construction and operation of a public 
        safety broadband network.--The Commission shall permit the 
        public safety broadband licensee to authorize providers of 
        public safety services to construct and operate a wireless 
        public safety broadband network in the public safety broadband 
        spectrum.
            (2) Establishing network requirements.--The Commission 
        shall require that the wireless public safety broadband network 
        described under paragraph (1) shall--
                    (A) be fully interoperable and remain interoperable 
                with, and in conformance with the same broadband 
                technology standards as all other public safety 
                broadband systems deployed or authorized;
                    (B) provide for roaming by Federal, State, local, 
                and tribal governments and other authorized users of 
                the spectrum licensed to the public safety broadband 
                licensee;
                    (C) provide priority access to public safety 
                entities;
                    (D) be built to survive most disasters;
                    (E) ensure that networks of such systems have the 
                appropriate level of cyber security; and
                    (F) ensure that authorized users have the ability 
                to develop a local network, provided that the uses for 
                such network are consistent with rules established by 
                the Commission.
            (3) Allowing for shared use of public safety broadband 
        spectrum and network infrastructure.--The Commission shall--
                    (A) authorize the shared use, sublicensing, or 
                leasing of the public safety broadband spectrum and 
                network infrastructure by entities that are not defined 
                as public safety services, subject to the requirements 
                that public safety services retain priority access to 
                the spectrum, pursuant to procedures adopted by the 
                Commission, provided that--
                            (i) the needs of other governmental 
                        entities are considered before commercial 
                        entities; and
                            (ii) such use is approved by the public 
                        safety broadband licensee;
                    (B) allow use of the public safety broadband 
                spectrum by emergency response providers;
                    (C) ensure that any revenues derived from any such 
                shared use, sublicensing, or lease are deposited in the 
                Public Safety Interoperable Broadband Network 
                Maintenance and Operation Fund established under 
                section 202(a)(2); and
                    (D) ensure that the Commission retains, for the 60-
                day period following submission of a request for such 
                shared use, sublicensing, or lease the right to review 
                and approve of any such shared use, sublicensing, or 
                lease.
            (4) Providing for interoperability and roaming 
        agreements.--The Federal Communications Commission, in 
        consultation with the Director of the National Institute of 
        Standards and Technology, the Secretary of Homeland Security, 
        the Attorney General, and Federal, State, local, and tribal 
        public safety agencies, shall establish rules that enable--
                    (A) nationwide interoperability between wireless 
                public safety broadband networks and commercial 
                broadband networks; and
                    (B) roaming by public safety entities operating on 
                a wireless public safety broadband network across any 
                commercial network so as to gain guaranteed access to a 
                resilient and reliable commercial network in times of 
                an emergency.
    (b) Definitions.--As used in this section--
            (1) the term ``emergency response provider'' has the same 
        meaning as in section 2 of the Homeland Security Act of 2002 (6 
        U.S.C. 101); and
            (2) the terms ``public safety broadband licensee'', 
        ``public safety broadband spectrum'', and ``public safety 
        services'' shall have the same meaning as in section 337(f) of 
        the Communications Act of 1934 (47 U.S.C. 337(f)).

SEC. 104. ESTABLISHMENT OF STANDARDS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Homeland Security, in coordination with the Director 
of the National Institute of Standards and Technology, shall establish 
an appropriate set of public safety requirements for meeting the 
interoperability and roaming requirements developed under section 
103(a)(4) taking into consideration--
            (1) the extent to which particular technologies and user 
        equipment are, or are likely to be, available in the commercial 
        marketplace;
            (2) the availability of necessary technologies and 
        equipment on reasonable and nondiscriminatory licensing terms;
            (3) the ability of such requirements to evolve with 
        technological developments in the commercial marketplace;
            (4) the ability of such requirements to accommodate 
        prioritization for public safety transmissions;
            (5) the ability of such requirements to accommodate 
        appropriate security measures for public safety transmissions; 
        and
            (6) any other considerations the Federal Communications 
        Commission deems appropriate.

SEC. 105. SUBMISSION AND APPROVAL OF INTEROPERABILITY COMMUNICATIONS 
              PLANS BY STATES.

    (a) In General.--Not later than 6 months after the date of 
publication in the Federal Register of the rules required by section 
103 and the date of release of the standards required by section 104, 
each State shall submit a plan to the Secretary of Homeland Security 
and the Federal Communications Commission detailing the terms and 
aspects of the phased deployment for the wireless public safety 
broadband network to be constructed in the public safety broadband 
spectrum pursuant to section 103(a)(1).
    (b) Approval.--Not later than 120 days after the submission of a 
plan under subsection (a), the Secretary of Homeland Security and the 
Federal Communications Commission shall either jointly approve or 
disapprove of the plan.

SEC. 106. RULE OF CONSTRUCTION FOR PUBLIC SAFETY BROADBAND LICENSEE.

    Nothing in this Act, or the amendments made by this Act, shall be 
construed to overturn, supercede, or otherwise preempt the Federal 
Communications Commission's Order adopted on November 19, 2007 (FCC 07-
199), setting forth the roles and responsibilities of the public safety 
broadband licensee (as such term is defined in section 337(f) of the 
Communications Act of 1934) and the Federal Communications Commission, 
except that the following shall, by rule or order, be modified by the 
Commission:
            (1) Any organization seeking membership to the Board of 
        Directors of the public safety broadband licensee shall be 
        voted in by a simple majority of the then serving members of 
        the Board of Directors.
            (2) The Board of Directors of the public safety broadband 
        licensee shall include the following organizations:
                    (A) International Association of Chiefs of Police.
                    (B) International Association of Fire Chiefs.
                    (C) National Sheriffs' Association.
                    (D) International Association of Fire Fighters.
                    (E) National Volunteer Fire Council.
                    (F) Fraternal Order of Police.
                    (G) Major Cities Chiefs Association.
                    (H) Metropolitan Fire Chiefs Association.
                    (I) Major County Sheriffs' Association.
                    (J) Association of Public-Safety Communications 
                Officials, International.
                    (K) National Emergency Management Association.
                    (L) International Association of Emergency 
                Managers.
                    (M) Police Executive Research Forum.
                    (N) National Criminal Justice Association.
                    (O) National Association of Police Organizations.
                    (P) National Organization of Black Law Enforcement 
                Executives.
                    (Q) Association of Air Medical Services.
                    (R) Advocates for Emergency Medical Services.
                    (S) Emergency Nurses Association.
                    (T) National Association of Emergency Medical 
                Services Physicians.
                    (U) National Association of Emergency Medical 
                Technicians.
                    (V) National Association of State Emergency Medical 
                Services Officials.
                    (W) National Emergency Medical Services Management 
                Association.
                    (X) International Municipal Signal Association.
                    (Y) American Probation and Parole Association.
                    (Z) National Governors Association.
                    (AA) National Association of Counties.
                    (BB) National League of Cities.
                    (CC) United States Conference of Mayors.
                    (DD) Council of State Governments.
                    (EE) International City/County Management 
                Association.
                    (FF) National Conference of State Legislatures.
                    (GG) National Association of Regional Councils.
                    (HH) Utilities Telecom Council.
                    (II) American Association of State Highway 
                Transportation Officials.
                    (JJ) American Hospital Association.
                    (KK) Forestry Conservation Communications 
                Association.
                    (LL) National Association of State 911 
                Administrators.
                    (MM) National Troopers Coalition.
                    (NN) National Emergency Number Association.
                    (OO) American Public Works Association.

                           TITLE II--FUNDING

SEC. 201. DEFINITIONS.

    In this title--
            (1) the term ``appropriate committees of Congress'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (B) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (C) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (D) the Committee on Homeland Security of the House 
                of Representatives;
            (2) the term ``Assistant Secretary'' means the Assistant 
        Secretary of Commerce for Communications and Information;
            (3) the term ``Commission'' means the Federal 
        Communications Commission;
            (4) the term ``Construction Fund'' means the Public Safety 
        Interoperable Broadband Network Construction Fund established 
        under section 202(a)(1);
            (5) the term ``Indian tribe'' has the same meaning as in 
        section 4 of the Indian Self Determination Act (25 U.S.C. 
        450b);
            (6) the term ``Maintenance and Operation Fund'' means the 
        Public Safety Interoperable Broadband Network Maintenance and 
        Operation Fund established under section 202(a)(2);
            (7) the term ``NTIA'' means the National Telecommunications 
        and Information Administration;
            (8) the term ``public safety entity'' means an entity that 
        provides public safety services, including a State, 
        municipality, or locality;
            (9) the term ``public safety services'' has the same 
        meaning as in section 337(f) of the Communications Act of 1934 
        (47 U.S.C. 337(f)); and
            (10) the term ``Secretary'' means the Secretary of Homeland 
        Security.

SEC. 202. FUNDING.

    (a) Establishment of Funds.--
            (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 Secretary shall establish and 
                administer the grant program under section 203 using 
                the funds deposited in the Construction Fund.
                    (C) Credit.--
                            (i) Borrowing authority.--The Secretary may 
                        borrow from the general fund of the Treasury 
                        beginning on October 1, 2011, such sums as may 
                        be necessary, but not to exceed $2,000,000,000, 
                        to implement section 203.
                            (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 Secretary shall use the funds 
                deposited in the Maintenance and Operation Fund to 
                carry out section 204.
    (b) Initial Distribution of Auction Proceeds in Funds.--
Notwithstanding subparagraphs (A) and (D) of section 309(j)(8) of the 
Communications Act of 1934 (47 U.S.C. 309(j)(8)), the Secretary of the 
Treasury shall deposit the proceeds (including deposits and up front 
payments from successful bidders) from the auction of the spectrum 
described in section 206 in the following manner:
            (1) 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 Secretary without further appropriations.
            (2) All proceeds exceeding $5,500,000,000 but not more than 
        $11,000,000,000 shall be deposited in the Maintenance and 
        Operation Fund and shall be made available to the Secretary 
        without further appropriations.
            (3) Any proceeds in excess of $11,000,000,000 shall be 
        deposited in the General Fund of the Treasury, where such 
        amounts shall be dedicated for the sole purpose of deficit 
        reduction.
    (c) 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 of the nationwide public safety 
interoperable broadband network to be established under section 203, as 
such completion date is determined by the Secretary.
    (d) Transfer of Funds to Treasury.--Any funds remaining in the 
Maintenance and Operation Fund after the end of the 10-year period 
following the determination by the Secretary that construction of the 
nationwide public safety interoperable broadband network to be 
established under section 203 has been completed shall be transferred 
to the General Fund of the Treasury, where such amounts shall be 
dedicated for the sole purpose of deficit reduction.
    (e) Authorization of Appropriations.--
            (1) Construction fund.--There are authorized to be 
        appropriated to the Secretary for deposit in the Construction 
        Fund in and after fiscal year 2012 a total amount not to exceed 
        $5,500,000,000 minus any amounts equal to the amount deposited 
        in the Construction Fund pursuant to subsection (b)(1).
            (2) Maintenance and operation fund.--There are authorized 
        to be appropriated to the Secretary for deposit in the 
        Maintenance and Operation Fund in and after fiscal year 2012 a 
        total amount not to exceed $5,500,000,000 minus any amounts 
        equal to the amount deposited in the Maintenance and Operation 
        Fund pursuant to subsection (b)(2).

SEC. 203. PUBLIC SAFETY INTEROPERABLE BROADBAND NETWORK CONSTRUCTION.

    (a) Establishment of Construction Grant Program.--The Secretary 
shall take such action as is necessary to establish a grant program to 
assist States, municipalities, and Indian tribes to establish a 
nationwide public safety interoperable broadband network in the 700 MHz 
band.
    (b) Projects.--The projects for which construction grants may be 
made under this section are the following:
            (1) Construction of a new public safety interoperable 
        broadband network using public safety infrastructure in the 700 
        MHz band.
            (2) Improvement of the existing public safety networks and 
        construction of new infrastructure to meet public safety 
        requirements in the 700 MHz band, the 800 MHz band, or the 4.9 
        GHz band.
            (3) Migration of public safety entity use to the 700 MHz 
        band.
    (c) Matching Requirements.--
            (1) Federal share.--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 Secretary in consultation with the Chairman 
        of the Commission.
            (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 1 year after the date of 
enactment of this Act, the Secretary shall establish requirements for 
the grant program established under this section, including the 
following:
            (1) Defining eligible costs for purposes of subsection 
        (c)(1).
            (2) Determining the scope of network infrastructure 
        eligible for grant funding under this section.
            (3) Conditioning grant funding on compliance with the 
        licensing terms of the Commission.
            (4) Ensuring that all grant funds are in compliance and 
        support the goals of the National Emergency Communications Plan 
        and the Statewide Communication Interoperability Plans for each 
        State and territory.
    (e) Technical Assistance.--The Secretary shall enhance the Office 
of Emergency Communications Technical Assistance Program to assist 
recipients of grant amounts under this section with best practices and 
guidance in implementing projects for which the recipient received a 
construction grant under this section.

SEC. 204. PUBLIC SAFETY INTEROPERABLE BROADBAND MAINTENANCE AND 
              OPERATION.

    (a) Maintenance and Operation Reimbursement Program.--The Secretary 
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 commencement of the 
reimbursement program established under subsection (a), the Secretary 
shall submit to the appropriate committees of Congress a report on 
whether to continue to provide funding for the Maintenance and 
Operation Fund following completion of the period provided for under 
section 202(d).

SEC. 205. 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) Construction Fund established under section 202(a)(1);
            (2) Maintenance and Operation Fund established under 
        section 202(a)(2);
            (3) construction grant program established under section 
        203; and
            (4) maintenance and operation grant program established 
        under section 204.
    (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. 206. AUCTION OF SPECTRUM TO FUND THE CONSTRUCTION AND MAINTENANCE 
              AND OPERATION FUNDS.

    (a) Identification of Spectrum.--Not later than 1 year after the 
date of enactment of this Act, the Assistant Secretary shall identify, 
at a minimum, 15 megahertz of contiguous spectrum at frequencies 
located between 1675 megahertz and 1710 megahertz, inclusive, to be 
made available for immediate reallocation.
    (b) Auction.--Not later than January 31, 2014, the Commission shall 
conduct the auction of the following licenses, by commencing the 
bidding for:
            (1) The spectrum between the frequencies of 1915 megahertz 
        and 1920 megahertz, inclusive.
            (2) The spectrum between the frequencies of 1995 megahertz 
        and 2000 megahertz, inclusive.
            (3) The spectrum between the frequencies of 2020 megahertz 
        and 2025 megahertz, inclusive.
            (4) The spectrum between the frequencies of 2175 megahertz 
        and 2180 megahertz, inclusive.
            (5) The spectrum between the frequencies of 2155 megahertz 
        and 2175 megahertz, inclusive.
            (6) The spectrum between the frequencies of 1755 megahertz 
        and 1850 megahertz, inclusive.
            (7) The spectrum identified pursuant to subsection (a).
    (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) Eligibility.--The Commission shall ensure that no bidder is 
deemed ineligible for or otherwise excluded from an auction specified 
in this Act, or any other competitive bidding process under section 
309(j) of the Communications Act of 1934, on account of its size or 
amount of its other spectrum holdings.

SEC. 207. ACHIEVING LONG-TERM INTEROPERABILITY AND EFFICIENT USE OF 
              PUBLIC SAFETY SPECTRUM.

    (a) Mandating Migration of Federal Law Enforcement.--Not later than 
10 years after the date of enactment of this Act, each Federal law 
enforcement agency shall move all of their communications not being 
carried on commercial networks to spectrum located in the 700 MHz and 
800 MHz bands.
    (b) Spectrum Below 512 MHz.--
            (1) In general.--Beginning on the date of enactment of this 
        Act, the Commission shall not renew any license to use spectrum 
        located on frequencies above 170 megahertz and below 512 
        megahertz granted to a public safety licensee, unless the 
        licensee is able to demonstrate--
                    (A) that migration to a different spectrum band 
                will cause considerable economic hardship to the State 
                or local government jurisdiction in which such licensee 
                is located;
                    (B) migration to a different spectrum band would 
                adversely impact the ability of the licensee to protect 
                and serve the community in which such licensee is 
                located; or
                    (C) there are an insufficient number of frequencies 
                above the 700 MHz band to support the land-mobile 
                communications needs of the licensee.
            (2) Recommendation.--Not later than 5 years after date of 
        enactment, the Commission, in consultation with the Secretary, 
        the NTIA, and Federal, State, and local public safety agencies, 
        shall issue a recommendation to Congress on the feasibility of 
        public safety entities ending their use of spectrum located on 
        frequencies above 170 megahertz and below 512 megahertz, and 
        moving all such use to the spectrum licensed to public safety 
        services in the 700 MHz and 800 MHz bands.
            (3) Availability of funds.--The Secretary may make amounts 
        available from the Maintenance and Operation Fund to facilitate 
        the migration of public safety entity use of spectrum located 
        on frequencies above 170 megahertz and below 512 megahertz to 
        use of spectrum licensed to public safety services in the 700 
        MHz and 800 MHz bands.
    (c) Spectrum in the 4.9 GHz Band.--
            (1) Eligibility for use of spectrum.--The Commission shall 
        modify section 90.1203(b) of subpart Y or part 90 of the Code 
        of Federal Regulations (47 C.F.R. 90.1203(b)) (relating to 
        eligibility of use of spectrum frequencies in the 4940-4990 MHz 
        band) to ensure that--
                    (A) governmental entities providing public safety 
                services retain primary authority to use such spectrum; 
                and
                    (B) non-governmental entities may use the spectrum 
                on a secondary basis, provided that--
                            (i) such secondary use does not cause 
                        harmful interference to public safety users of 
                        that spectrum;
                            (ii) the non-governmental entity seeking 
                        such secondary use demonstrates to the 
                        Commission that such secondary use will not 
                        cause interference to public safety users of 
                        that spectrum; and
                            (iii) if such secondary use causes any 
                        interference to a public safety user, such 
                        entity shall immediately cease such use until 
                        such interference has been mitigated to the 
                        satisfaction of the public safety user.
            (2) Fee for secondary use of spectrum.--
                    (A) In general.--The Commission shall charge a 
                recurring licensing fee to each non-governmental entity 
                for any secondary use of spectrum by such entity 
                described under paragraph (1).
                    (B) Treatment of revenues.--Any revenues generated 
                from the recurring licensing fee charged under 
                subparagraph (A) shall be deposited in Maintenance and 
                Operation Fund until the date identified under section 
                202(d), after which all such revenues shall be 
                deposited in the General Fund of the Treasury, where 
                such amounts shall be dedicated for the sole purpose of 
                deficit reduction.
    (d) Reports on Efficient Use of Public Safety Spectrum.--
            (1) GAO study and report.--Not later than 3 years after the 
        date of enactment of this Act, the Comptroller General of the 
        United States shall conduct a study and submit a report to the 
        appropriate committees of Congress that identifies--
                    (A) those parts of the radio spectrum above 174 MHz 
                and below 512 MHz used by any public safety entity that 
                could be returned to the Commission for auction in 
                accordance with subsection (d); and
                    (B) the cost of migrating any such entity from use 
                of the returned spectrum to use of alternative 
                spectrum.
            (2) FCC study and report.--Not later than 3 years after the 
        date of enactment of this Act, and every 3 years thereafter, 
        the Commission shall conduct a study and submit to the 
        appropriate committees of Congress a report--
                    (A) on the spectrum held by the public safety 
                broadband licensee;
                    (B) on how efficiently such spectrum is being used; 
                and
                    (C) that provides a recommendation for whether more 
                spectrum needs to be made available to meet the needs 
                of public safety entities.

SEC. 208. REPORT ON LONG-TERM INTEROPERABILITY USING IP-BASED 
              SOLUTIONS.

    Not later than 2 years after the date of enactment of this Act, the 
Commission, in consultation with the Secretary and the Assistant 
Secretary, shall issue a report and order, after allowing time for 
notice and comment, including comment from public safety users, and 
submit such report to the appropriate committees of Congress, on 
whether Internet Protocol-enabled solutions could aid interoperability.
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