[Congressional Record Volume 150, Number 114 (Tuesday, September 21, 2004)]
[Senate]
[Pages S9445-S9447]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN:
  S. 2820. A bill to ensure the availability of certain spectrum for 
public safety entities by amending the Communications Act of 1934 to 
establish January 1, 2009, as the date by which the transition to 
digital television shall be completed, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Mr. McCain. Mr. President, I rise today to introduce a bill to 
support the Nation's finest: our police, fire fighters and other 
emergency response personnel. The ``Spectrum Availability for 
Emergency-response and Law-enforcement to Improve Vital Emergency 
Services Act,'' otherwise known as ``The SAVE LIVES Act.'' This bill is 
drafted in response to the 9-11 Commission's Final Report, which 
recommended the ``expedited and increased assignment of radio spectrum 
for public safety purposes.''
  To meet this recommendation, the SAVE LIVES Act would set a date 
certain for the allocation of spectrum to public safety agencies, 
specifically the 24 MHz of spectrum in the 700 MHz band that Congress 
promised public safety agencies in 1997. This is a promise Congress has 
yet to deliver to our Nation's first responders. Now is the time for 
Congressional action before another national emergency or crisis takes 
place. Access to this specific spectrum is essential to our Nation's 
safety and welfare as emergency communications sent over these 
frequencies are able to penetrate walls and travel great distances, and 
can assist multiple jurisdictions in deploying interoperable 
communications systems.
  In addition to setting a date certain, this bill would provide funds 
for public safety agencies to purchase emergency communications 
equipment, require the Federal Communications Commission (FCC) and the 
Department of Homeland Security (DHS) to study whether additional 
spectrum is necessary to support emergency communications systems, 
authorize a DHS program promoting interoperable emergency 
communications systems, provide funds to ensure no consumers' 
television set goes ``dark'' due to public safety's use of this 
television spectrum, mandate labeling of all analog television sets to 
better prepare consumers for the digital transition, support a consumer 
education program on digital television and required the FCC to 
complete its outstanding digital television proceedings.
  The 9-11 Commission's Final Report found, ``The inability to 
communicate was a critical element at the World Trade Center, Pentagon 
and Somerset County, Pennsylvania, crash sites, where multiple agencies 
and multiple jurisdictions responded. The occurrence of this problem at 
three very different sites is strong evidence that compatible and 
adequate communications among public safety organizations at the local, 
state, and federal levels remains an important problem.'' This bill 
would improve public safety interoperability and capability as quickly 
as possible.
  However, the 24 MHz of spectrum promised to public safety 
organizations is currently being used by the television broadcasters, 
and will not be available until the broadcasters complete the 
transition to digital television. At a recent Senate Commerce Committee 
hearing, Federal Communications Commission (FCC) Chairman Michael K. 
Powell stated that absent intervening legislation broadcasters may not 
be able to vacate this spectrum for ``decades'' or ``multiples of 
decades.''
  Therefore, this bill would set a firm deadline for the completion of 
the digital television transition: December 31, 2008. This date ensures 
that this spectrum would be available for use by police, fire fighters 
and other first responders no later than January 1, 2009. Is this soon 
enough? No, I wish it could be sooner. But after hearing testimony from 
Chairman Powell, public safety organizations and broadcasters at a 
recent Senate Commerce Committee hearing, I decided that a December 31, 
2008 date presents the most reasonable deadline providing numerous 
benefits to consumers and public safety organizations, including: 1. 
Adequate time for public safety agencies to begin building their 
interoperable communications networks to operate in the 700 MHz band; 
2. Sufficient time for the government to auction some of the remaining 
spectrum in the 700 MHz band to raise funds for the purchase and 
installation of new interoperable public safety communications 
equipment; 3. The certainty that manufacturers need to warrant the 
development and build-out of interoperable public safety communications 
equipment for use in the 700 MHz band; 4. Preparation time for 
consumers and the government to get ready for the completion of the 
digital transition, including time to purchase more digital television 
sets and time for the government to implement a subsidy program to 
ensure no television sets go ``dark'' on January 1, 2009; 5. A seamless 
transition period where all television stations migrate at once to 
digital broadcasting; and, 6. Sufficient time for the FCC to complete 
its outstanding proceedings regarding the digital television 
transition.
  In addition to setting a firm date for public safety's use of the 
spectrum, the bill would require the FCC, in consultation with DHS, to 
conduct a study to assess public safety organizations' future 
communications needs, including the need for additional spectrum, the 
need for a nationwide interoperable broadband mobile communications 
network, the ability of public safety organizations to use broadband 
and narrowband applications, and whether other first responders such as 
hospital and health care workers should be included in a nation-wide 
interoperable communications system. If our Nation's first responders 
need more spectrum to perform their work safely, then Congress should 
ensure that more spectrum is available at the same time the public 
safety organizations begin preparing to use the promised 24 MHz. This 
allows for efficiency and ensures that public safety organizations will 
not be subjected to multiple implementations of new communications 
equipment.
  This bill would also ask the FCC to study the advisability of 
reallocating some of the spectrum in the 700 MHz band for unlicensed 
wireless broadband uses. Unlicensed wireless broadband has many 
prospective benefits to our

[[Page S9446]]

Nation and allows the potential for pervasive connectivity nationwide. 
The bill would require the FCC to report back to the Senate and House 
Commerce Committees within one year of the bill's enactment on both 
studies' findings; however, nothing in the bill would preclude the FCC 
from taking action with respect to spectrum for unlicensed uses before 
completion of its report.

  The SAVE LIVES Act would authorize one of the President's top E-
Government initiatives: DHS' Wireless Public SAFEty Interoperability 
COMMunications Program, commonly referred to as SAFECOM. This program 
serves as the umbrella program within the Federal Government to 
coordinate the efforts of local, tribal, state and Federal public 
safety agencies to promote effective, efficient and interoperable 
wireless communications. SAFECOM has been moved between the Department 
of Justice and the Department of Treasury and now resides at DHS. By 
authorizing SAFECOM within its rightful place, DHS, it ensures the 
program will remain available to assist our Nation's first responders 
and localities.
  SAFECOM has served as a consultant to many states and localities 
assisting with the development of their interoperable emergency 
communications systems. However, most importantly, SAFECOM has 
completed the development of critical standards for public safety 
communications equipment mandating interoperability, which is now 
included as a condition on all monies provided to localities by the 
Federal Government for public safety communications equipment. This 
should provide for greater national interoperability and decreased 
costs for localities. Recognizing the need for a centralized office to 
handle all aspects of emergency communications planning, the 
Administration created SAFECOM and this bill would authorize it.
  Additionally, this bill would appropriate auction revenues from the 
sale of returned analog broadcast spectrum to create a subsidy to limit 
the disruption of broadcast services to the public, especially for 
those who rely exclusively on over-the-air broadcast television. The 
total cost of this subsidy program is not to exceed $1 billion. This 
may sound like a great deal on money, especially to a fiscal 
conservative like myself; however, it is only a small portion of the 
revenues it is believed the auction of this spectrum will generate. And 
most importantly, it is a small cost to ensure that all Americans have 
access to over-the-air television. Local television broadcasting is 
truly an important part of our homeland security and often an important 
communications vehicle in the event of a national, regional or local 
emergency.
  The New America Foundation testified before the Commerce Committee in 
June 2004 that the auction of the analog television spectrum can be 
expected to yield between $30-to-$40 billion in revenue to the 
Treasury. Last week in testimony before the Senate Commerce Committee, 
FCC Chairman Powell stated that he has heard estimates as high as $70 
billion. Based on these projections, the $1 billion to fund a consumer 
subsidy program would be less than three percent of the total expected 
auction revenues from the analog television spectrum.
  One billion may even be more than enough to assist the 17.4 million 
over-the-air consumers because this figure assumes that digital-to-
analog converter boxes will retail for approximately $75 per box in 
2008. Last week, Motorola testified that they would introduce a 
digital-to-analog converter box for $67 per unit in the near term. 
Motorola calculated that such a price per unit would cap the cost of 
providing converters at less than $840 million nationwide to all over-
the-air consumers. This week Zenith Electronics announced that the 
company intends to retail digital-to-analog converter boxes at $50 to 
$70 per unit within four years.
  The bill would also establish the parameters for the subsidy program, 
requiring the program to be developed by the Department of Commerce in 
conjunction with the Office of Management and Budget and established no 
later than January 1, 2008. The bill would require the program to give 
priority to funding equipment or services to low income viewers, to 
offer these viewers technology neutral options and to be conducted at 
the lowest feasible administrative cost.
  The bill would also authorize any remaining funds from the subsidy 
program, along with other auction monies, to be used to establish a 
grant program to provide public safety organizations with emergency 
communications equipment so these groups can begin using the 24 MHz of 
spectrum by January 2009. The specific amount would be determined by 
the Director of the Office of Management and Budget and be based on a 
National Baseline Interoperability study currently being conducted by 
SAFECOM. This study is currently being performed to determine the 
precise amount that is already being provided by the Federal government 
to local and regional public safety organizations for the purchase of 
new communications equipment and for the funding of emergency 
communications training.
  There are numerous grant programs throughout the Federal government, 
however no agency has ever studied how much money from how many grants 
is being provided to localities. After this study is completed, as 
required by this legislation by December 31, 2005, the Federal 
government will best know how much money is necessary to ensure that 
public safety organizations have the equipment necessary to immediately 
begin using the 700 MHz spectrum in January 2009.
  At the September 8, 2004 Senate Commerce Committee hearing, a 
representative of public safety organizations testified, ``There also 
needs to be expanded funding for equipment, and more extensive planning 
and cooperation among public safety personnel at all levels of 
government. This includes local governments who must interoperate with 
their neighbors and with overlapping jurisdictions, regional 
authorities covering large metropolitan areas and sometimes crossing 
state borders, states through their State Interoperability Executive 
Committees (SIECs), and the Federal Government.'' This bill would 
respond to such requests from public safety organizations and 
localities. Just providing spectrum to public safety is not enough. 
Without funds to purchase new equipment, this spectrum may sit fallow 
after being vacated by the broadcasters. This would be an unfair result 
to broadcasters, public safety organizations and American citizens.
  In pursuit of educating consumers about the digital television 
transition, the bill would require, after September 30, 2005, the 
labeling of all analog television sets to communicate to buyers that 
the purchase of additional equipment may be necessary after December 
31, 2008. The bill would also require retailers to post the same 
information at the store.
  Also in an effort to educate consumers about the digital television 
transition, the bill would require, within one year of enactment, that 
the Department of Commerce report back to the Senate and House Commerce 
Committees any recommendations on an effective program to educate 
consumers about the digital television transition; the need, if any, 
for Federal funding, and the duration of such a program. Lastly, the 
bill would require the FCC to issue a decision on some remaining DTV 
proceedings, including a proceeding on whether cable or satellite 
companies should be required to carry broadcasters' multi-cast channels 
and whether broadcasters should have additional public interest 
requirements as part of the DTV transition.
  Specifically, the 9-11 Commission's Final Report gave Congress clear 
directives: accelerate the availability of spectrum for public safety 
and provide more spectrum for public safety. Public safety 
organizations have stated that neither of these goals can be met 
without increasing funding for public safety. This legislation charts a 
course to achieve all three of these objectives without stranding over-
the-air television consumers.
  As you may be aware, Senator Lieberman and I introduced S. 2774 
earlier this month implementing the 9-11 Commission's final 
recommendations, including the recommendation that Congress should 
support H.R. 1425, ``The Homeland Emergency Response Operations Act,'' 
commonly known as ``The HERO Act.'' The HERO Act would set an earlier 
date of December 31, 2006 for the return of this spectrum. Senator 
Lieberman and I included this language in our bill S. 2774.

[[Page S9447]]

  After introducing S. 2774, I heard criticisms from some consumers and 
broadcasters that the HERO Act was flawed as it did not ensure 
continued over-the-air broadcast television service. Public safety 
organizations also remained skeptical that they would have the funds 
necessary to purchase equipment to operate on the newly acquired 
spectrum. Therefore, last week, as Chairman of the Commerce Committee, 
I held a Committee hearing to examine the benefits and shortcomings of 
the HERO Act, and whether there are other policy proposals that could 
achieve the same result, providing spectrum and equipment expediously 
to public safety organizations, without potentially forcing some 
television broadcast stations to go ``dark.''
  I heard testimony that in order to meet the HERO Act's December 31, 
2006 deadline, at least 40 broadcast stations, and possibly more, 
broadcasting on this spectrum would be required to vacate. In many of 
these markets, there is no available spectrum for station relocation, 
meaning this legislation may force some stations, including many 
Spanish language stations, to cease over-the-air broadcasting possibly 
harming consumers. As the CEO of PAXTV, a broadcaster who broadcasts on 
17 of these 40 affected stations, aptly stated, ``Our money was 
invested on the basis that we would be treated equally with all 
television stations during the transition. The [HERO Act] discriminates 
against us.''
  I heard testimony from public safety representatives that the 24 MHz 
was not enough, that more spectrum and more funds were needed to ensure 
adequate interoperable emergency communications systems are in place to 
ensure the safety of first responders and the public. Chief Devine of 
the Missouri State Highway Patrol stated, ``Inadequate spectrum leads 
to congested channels and interference among licensees, potentially 
blocking life-saving radio communications and generating confusion 
during critical incidents. Additional spectrum capacity would alleviate 
that congestion and allow for much faster `ramping up' of 
communications capability when major emergencies occur.''
  In an effort to expediously retrieve the spectrum for the Nation's 
first responders, to preserve over-the-air television accessibility to 
consumers and to ensure the adequate funding of both, I urge the 
enactment of The SAVE LIVES Act.
                                 ______