[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 28 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 28

   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

             January 25 (legislative day, January 5), 2011

 Mr. Rockefeller (for himself, Mr. Lautenberg, Mr. Nelson of Florida, 
  Ms. Klobuchar, Mr. Cardin, and Mr. Harkin) 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 793 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 2013 through 2018.

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, 2011, 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, 2015.
            (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 2013 such 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 2013 
        such 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, 2014, 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 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.
                                 <all>