[Congressional Record Volume 147, Number 166 (Tuesday, December 4, 2001)]
[Extensions of Remarks]
[Pages E2204-E2206]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           HOMELAND EMERGENCY RESPONSE OPERATIONS (HERO) ACT

                                 ______
                                 

                            HON. JANE HARMAN

                             of california

                    in the house of representatives

                       Tuesday, December 4, 2001

  Ms. HARMAN. Mr. Speaker, five years ago, Tim Grimmond, the Police 
Chief of El Segundo, a small town in my district, came to me with a 
little problem called ``public safety radio interoperability.''
  Basically, he explained, police departments are organized by city and 
county jurisdictions. Criminals are not.
  And the radios carried by the police in El Segundo were not always 
compatible with the radios carried by the L.A. Country sheriffs or 
police departments in neighboring towns like Redondo and Manhattan 
Beach.
  As a result, law enforcement agencies pursuing a suspect couldn't 
talk to each other on the radio. They sometimes resorted to hand 
signals out car windows to communicate. Or they used a jerry-rigged 
system of radio-patching and multiple radios to make it work.
  The problem was not with the equipment. The problem was the shortage 
of spectrum--the airwaves used for radio and TV.
  Police and fire departments had not been allocated enough of the 
spectrum for their radios to be interoperable.
  In response to Chief Grimmond's concerns, I introduced legislation 
that directed the FCC to license unused frequencies to public safety 
agencies. This bill became law.
  The same year, Congress took another major step towards 
interoperability. It directed the FCC to allocate to public safety 
users 24 megahertz of spectrum licensed to analog television stations. 
Congress set a deadline of 2006 for that transition.
  Unfortunately, that law also left a big loophole. It said the TV 
stations don't have to move to new spectrum until 85 percent of the 
household have a TV that can receive digital TV signals.
  Currently, only 1 percent of homes in the U.S. meet that criteria.
  So unless we act now, public safety agencies will never be able to 
use the spectrum that Congress promised them back in 1997.
  That means * * * fire departments will continue to have problems 
talking at the scenes of major fires. Police and sheriff's departments 
chasing a suspect across city and county jurisdictions will still not 
be able to communicate by radio. Police officers on the beat will still 
worry about hitting a ``dead spot'' where their radios don't work 
because of interference or poor signal penetration.
  The HERO Act that I and my colleagues, Rep. Weldon of PA, Mr. Gilman, 
Mr. Moran of VA, Mr. McIntyre, Ballenger, and Mr. Frelinghuysen are 
introducing here today eliminates that 85 percent threshold 
requirement--but only for channels 63, 64, 68 and 69, which the FCC 
allocated to public safety at Congress' direction in 1997.
  Our bill directs the FCC to assign the frequencies Congress promised 
to public safety agencies by the end of 2006.

[[Page E2205]]

  This legislation is supported virtually every public safety and 
municipal organization, including * * *.
  The International Association of Fire Chiefs, the International 
Association of Fire Fighters, and the Congressional Fire Services 
Institute; the International Association of Chiefs of Police and the 
Major County Sheriff's Association; the National League of Cities, the 
National Governors' Association and the National Association of 
Counties; the Association of Public-Safety Communications Officials-
International (APCO) and the International Association of Arson 
Investigators.
  Attached to this statement are letters of support for the 
legislation.
  They all agree: Public safety needs this spectrum. And Congress 
should keep its commitment.

                                       Congressional Fire Services


                                                    Institute,

                                Washington, DC, November 28, 2001.
     Hon. Jane Harman,
     Cannon House Office Building, Washington, DC.
       Dear Congresswoman Harman: As Chair of the Congressional 
     Fire Services Institute's National Advisory Committee, I 
     extend to you the support of the committee for the Homeland 
     Emergency Response Operations Network Act.
       Composed of 40 national fire and emergency services 
     organizations, the NAC provides counsel to CFSI on public 
     safety issues. Among the organizations that serve on this 
     committee are the International Association of Arson 
     Investigators, International Association of Fire Chiefs, 
     International Association of Fire Fighters, International 
     Fire Service Training Association, International Society of 
     Fire Service Instructors, National Fire Protection 
     Association, National Volunteer Fire Council, and the North 
     American Fire Training Directors. These are the associations 
     that represent the interest of our 1.2 million first 
     responders.
       Following the release of the Public Safety Wireless 
     Advisory Committee report in 1996, CFSI has worked 
     aggressively in support of the report's recommendations. 
     First and foremost is the set aside of 24 megahertz of 
     broadcast spectrum for public safety use. This spectrum will 
     address an immediate need of public safety, clearing the way 
     for interoperable wireless communication systems.
       Following the terrorists attacks on September 11th, the 
     need for this spectrum has become a top priority for public 
     safety. We can no longer afford to run the risk of responding 
     to large-scale disasters without interoperable communication 
     systems. Otherwise, we will jeopardize the lives of all first 
     responders at the scene. Congress needs to remove the 85 
     percent exemption on penetration of digital television 
     receivers and any other exemptions, and hold firm on the 
     previously set 2006 deadline in the best interest of public 
     safety!
       I look forward to working with you, Congressman Curt Weldon 
     and all other federal legislators who will offer their 
     support for this legislation.
           Sincerely,
                                                   Dennis Compton,
                               Chair, National Advisory Committee.


                       Association of Public-Safety Communications


                                Officials International, Inc.,

                                                 December 3, 2001.
     Hon. Jane Harman,
     U.S. House of Representatives, Washington, DC.
       Dear Representative Harman: On behalf of the Association of 
     Public-Safety Communication Officials-International, Inc and 
     its 15,000 members, I want to thank you for introducing 
     legislation to address the serious radio spectrum issues 
     facing our nation's police, fire, EMS, and other public 
     safety agencies. Your proposed legislation would establish a 
     firm date for clearing television broadcast stations from 
     spectrum allocated for public safety radio systems pursuant 
     to a 1997 Congressional mandate.
       The tragic events of September 11, 2001, demonstrated yet 
     again that public safety personal all too often lack access 
     to sufficient radio spectrum to provide effective and 
     interoperable communications when responding to emergencies. 
     On a day-to-day basis, public safety personnel from different 
     agencies and jurisdictions are often unable to communicate at 
     emergency scenes, usually because spectrum shortages have 
     forced them to operate their radio systems over different, 
     incompatible frequency bands. In many metropolitan areas, 
     public safety personnel also confront dangerous radio 
     frequency congestion, again due to the inadequacy of public 
     safety spectrum allocations.
       These problems, and proposed solutions, were documented by 
     the Public Safety Wireless Advisory Committee (PSWAC) in a 
     report dated September 11, 1996. Among PSWAC's 
     recommendations was that approximately 25 MHz of new radio 
     spectrum be made available for public safety within five 
     years. Congress required such an allocation in the Balanced 
     Budget Act of 1997, and the FCC responded with a specific 
     spectrum allocation in 1998. However, when terrorists 
     attacked the World Trade Center and the Pentagon exactly five 
     years after the PSWAC report, public safety personnel 
     responding to those horrific events were still unable to use 
     the newly allocated spectrum. The difficulty is that the 
     spectrum remains blocked by ongoing television broadcast 
     operations in much of the nation (including New York and 
     Washington).
       The legislation that you are offering will establish a firm 
     date for television stations to vacate spectrum already 
     allocated for public safety. If adopted, the legislation will 
     open the door for state and local governments to plan, fund, 
     and even construct the new radio systems they need, confident 
     that the necessary radio spectrum will be available for use 
     on a specific date. We hope that your colleagues in Congress 
     will give this matter immediate and favorable consideration.
           Sincerely,
                                                        Glen Nash,
                                                        President.


                           Major County Sheriffs' Association,

                                Minneapolis, MN, December 3, 2001.
     Hon. Jane Harman,
     U.S. House of Representatives, Washington, DC.
       Dear Congresswoman Harman: The members of the Major County 
     Sheriffs' Association and other public safety organizations 
     in the United States continue to be in urgent need of 
     additional radio spectrum to safely perform their mission 
     critical duties.
       In response to that need, in 1997 the Congress directed the 
     FCC to make 24 MHz of spectrum (currently TV Channels 63, 64, 
     68, 69) available for use by public safety. Unfortunately the 
     legislation was linked to transition of TV stations in those 
     channels from analog to digital signals and there is no date-
     certain deadline by which public safety will be able to use 
     this spectrum.
       We are in support of legislation to be known as ``THE 
     HOMELAND AND EMERGENCY RESPONSE OPERATIONS (H.E.R.O.) ACT'' 
     that would require current TV Broadcast Incumbents on those 
     channels to vacate that spectrum for use by public safety no 
     later than December 31, 2006.
       We appreciate the efforts of you and your colleagues in 
     Congress who will be introducing this legislation that is so 
     urgently needed by law enforcement agencies throughout the 
     United States.
           Respectfully,
                                             s/Patrick D. McGowan,
                                                        President.


                International Association of Chiefs of Police,

                                 Alexandria, VA, December 3, 2001.
     Hon. Jane Harman,
     U.S. House of Representatives, Cannon House Office Building, 
         Washington, DC.
       Dear Representative Harman: On behalf of the International 
     Association of Chiefs of Police (IACP), I am writing to 
     express our support for the Homeland and Emergency Response 
     Operations (H.E.R.O) Act. As you know, the IACP is the world 
     oldest and largest association of law enforcement executives 
     with more than 18,000 members in 100 countries.
       As you are aware, law enforcement and other public safety 
     organizations in the United States are in critical need of 
     additional radio spectrum to safely perform their mission 
     critical duties. In response to that need, in 1997 Congress 
     directed the Federal Communications Commission (FCC) to make 
     24 MHz of spectrum (currently used by television channels 63, 
     64, 68, 69) available for use by public safety. 
     Unfortunately, the legislation was linked to the transition 
     of television stations on those channels from analog to 
     digital signal and there is no specific deadline by which 
     this spectrum will be available for public safety use.
       The public safety community, including the IACP, has 
     repeatedly called on the FCC to assign this much needed 
     spectrum to public safety in order to achieve critical 
     interoperability in communications between agencies. For 
     example, the agencies that responded to the terrorist attack 
     on the Pentagon were unable to communicate with each other 
     because they lacked the required spectrum for interoperable 
     radio communications. Consequently, the IACP strongly 
     supports the H.E.R.O. Act, which would require current 
     television stations using those channels to vacate the 
     spectrum for use by public safety no later than December 31, 
     2006.
       We appreciate the efforts of you and your colleagues in 
     Congress who will be introducing this legislation that is so 
     urgently needed by law enforcement agencies throughout the 
     United States.
           Sincerely,
                                                William B. Berger,
                                                        President.


                                         International Association


                                               of Fire Chiefs,

                                   Fairfax, VA, November 30, 2001.
     Hon. Jane Harmon,
     U.S. House of Representatives, Washington, DC.
       Dear Representative Harman: The International Association 
     of Fire Chiefs and, indeed, America's fire and emergency 
     service, fully supports the Homeland Emergency Response 
     Operations (HERO) Act to provide for the expected and 
     increased assignment of spectrum for public safety.
       In 1996 the Public Safety Wireless Advisory Committee 
     reported to Congress on the needs for additional spectrum for 
     public safety. In 1997 Congress responded to one of the 
     recommendations by mandating that the Federal Communications 
     Commission (FCC) allocate 24 MHz of spectrum for the 
     exclusive use of public safety from the 700 MHz band occupied 
     by television channels 60-69. The FCC complied; channels 63, 
     64, 68 and 69 have been reserved for use by public safety 
     agencies. The FCC has promulgated rules for the 700 MHz 
     public safety band which, when implemented, will provide much 
     needed additional spectrum for both voice and data 
     communication, and improve interoperability among 700 MHz 
     band users.

[[Page E2206]]

       These very positive developments are contingent on 
     television stations vacating this spectrum by 2006--a 
     provision in the 1997 Balanced Budget Act. The major barrier 
     is a provision in that same law that allows stations to keep 
     their analog channels beyond 2006 until at least 85% of the 
     households in the relevant market have access to digital 
     television signals. The problem, in short, is that there is 
     no time certain for clearing the band for public safety. 
     Neither public safety agencies nor radio equipment 
     manufacturers can proceed until there is certainty. The 
     benefits of this new spectrum will not be available to public 
     safety until this current uncertainty is rectified.
       The HERO Act addresses the issue of band clearing by 
     providing a date certain that this spectrum will be available 
     for public safety. This is consistent with the original 
     intent of Congress to provide public safety with the key 
     element of command and control--communications. Enhanced 
     communications capability will clearly enable America's fire 
     and emergency service to better deal with large scale 
     incidents, natural disasters and acts of terrorism.
           Very truly yours,
                                            Chief John M. Buckman,
                                                        President.


                             National Association of Counties,

                                                 December 3, 2001.
     Hon. Jane Harman,
     U.S. House of Representatives, Cannon House Office Bldg., 
         Washington, DC.
       Dear Representative Harman: On behalf of the National 
     Association of Counties (NACo), I would like to commend you, 
     and Representative Curt Weldon, for developing the, 
     ``Homeland Emergency Response Operations (HERO) Act.''
       The HERO Act is fully consistent with NACo's policy on 
     releasing the 700 MHz band for public safety purposes, which 
     reads as follows:
       ``Improve Public Safety and Emergency Management 
     Communications: Increase interoperability for both voice and 
     data, release additional spectrum in the 700 MHz band for 
     public safety and emergency management use, and eliminate 
     interference problems in public safety communications.''
       NACo believes it is critical that the 700 MHz band be made 
     available at a date certain. This would facilitate counties 
     making appropriate plans for utilization of the spectrum, 
     develop solutions to the interoperability challenges for both 
     voice and data, and allow the private sector to provide the 
     technologies and equipment necessary to make for efficient 
     utilization of the spectrum.
       Clearly the events of September 11th bring into focus the 
     important role interoperability has in disaster response and 
     making this spectrum available will enhance our ability to 
     carry out our role as ``first responders''.
       Thank you for your leadership.
           Sincerely,

                                              Javier Gonzales,

                                                        President,
      National Association of Counties Commissioner, Santa Fe, NM.


       International Association of Arson Investigators, Inc.,

                                 St. Louis, MO, November 30, 2001.
     Hon. Jane Harman,
     U.S. House of Representatives, Cannon House Office Building, 
         Washington, DC.
       Dear Congresswoman Harman: The International Association of 
     Arson Investigators is pleased to endorse the ``Homeland 
     Emergency Response Operations Network Act''.
       This vital legislation is long overdue. Expedited 
     assignment of the 761-776 and 794-806 megahertz to public 
     safety use will provide much needed additional radio spectrum 
     for America's emergency responders.
       As one of the nation's major fire service groups we look 
     forward to standing with you at next week's press conference. 
     Following introduction we would be honored to work to seek 
     passage of this important measure.
           Sincerely,
                                                Stephen P. Austin,
                               Director of Governmental Relations.