[Congressional Record Volume 153, Number 35 (Thursday, March 1, 2007)]
[Senate]
[Pages S2512-S2514]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN:
  S. 744. A bill to provide greater public safety by making more 
spectrum available to public safety, to establish the Public Safety 
Interoperable Communications Working Group to provide standards for 
public safety spectrum needs, and for other purposes; to the Committee 
on Commerce, Science, and Transportation.
  Mr. McCain. Mr. President, I am pleased to introduce today the 
Spectrum Availability for Emergency-Response and Law-Enforcement to 
Improve Vital Emergency Services Act, otherwise known as the SAVE LIVES 
Act. The bill would provide public safety with the ability to use an 
additional

[[Page S2513]]

30 MHz of radio spectrum for a new nationwide public safety state-of-
the-art broadband network. This would allow police, fire, sheriffs, and 
other medical and emergency professionals the ability to communicate 
using a modern and reliable broadband network, thereby allowing for 
interoperable communications between local, State and Federal first 
responders during emergencies.
  The 9/11 Commission's Final Report states that: ``Command and control 
decisions were affected by the lack of knowledge of what was happening 
30, 60, 90, and 100 floors above'' due to the inability of police and 
firefighters to communicate using their hand held radios. The Final 
Report recommended the ``expedited and increased assignment of radio 
spectrum to public safety entities'' to resolve the problem. This bill 
would finally implement fully the recommendation.
  Let me be clear: the Federal Government has made many strides in 
developing a comprehensive, interoperable emergency communications 
plan, setting equipment standards, funding the purchase of 
interoperable communications equipment, and belatedly making additional 
radio spectrum available. But none of this is enough. We will not solve 
our Nation's interoperability crisis until all emergency personnel 
involved in responding to an incident are able to communicate 
seamlessly, and that is what this legislation is intended to 
accomplish.
  I have been working on this issue for many years. Ten years ago, 
while serving as Chairman of the Senate Commerce Committee, I 
introduced the Law Enforcement and Public Safety Telecommunications 
Empowerment Act, which would have provided public safety with 24 MHz in 
the 700 MHz band and authorized 10 percent of proceeds from an auction 
of spectrum to commercial companies to be used to fund State and local 
law enforcement communications. Although my bill did not pass, Congress 
did require this spectrum to be allocated to public safety in the 
Balanced Budget Act of 1997.
  Unfortunately, this spectrum was encumbered by television 
broadcasters who refused to move despite broadcasters being given other 
spectrum in the Telecommunications Act of 1996. The television 
broadcasters persuaded some members of Congress to slip into the 
Balanced Budget Act of 1997 a provision that allowed for broadcasters 
to retain their new spectrum and use the spectrum dedicated to public 
safety for an indefinite time.
  Rightly, public safety fought the broadcasters' ``spectrum 
squatting'' and asked Congress to set a firm date for broadcasters to 
provide public safety spectrum. I was happy to support them in the 
fight.
  During the 108th Congress, I introduced a bill that would have 
provided public safety with this spectrum by January 1, 2008. The bill 
was not considered by the Senate. I also introduced an amendment to the 
Intelligence Reform and Terrorism Prevention Act of 2004 to set a firm 
date for the delivery of this spectrum, but it was strongly opposed 
thanks to the broadcasters.
  In October 2005, the Commerce Committee debated a firm date as part 
of the Budget Reconciliation Act of 2006. I offered an amendment to 
make the spectrum available by January 2007, but it was shot down by a 
vote of 17-5. I then took an amendment to the floor which was defeated 
by a vote of 30-69. Congress did finally set the date of February 17, 
2009--date that is too late in my opinion.
  I have not only been concerned about public safety not receiving 
spectrum in a timely manner, but also not receiving enough spectrum. In 
2004, I offered an amendment that was included in the Intelligence 
Reform and Terrorism Prevention Act, which required the Federal 
Communications Commission (FCC) and the Department of Homeland Security 
(DHS) to study the short-term and long-term spectrum needs of public 
safety. In December 2005, the FCC delivered their report. While the 
report did not contain a specific amount of spectrum necessary to aid 
public safety interoperability, it did state, `` . . . . emergency 
response providers would benefit from the development of an integrated, 
interoperable nationwide network capable of delivering broadband 
services throughout the country.'' DHS has never provided its report to 
Congress.
  The FCC's recommendation became all too apparent during the horrors 
of Hurricane Katrina. First responders in Louisiana were unable to 
communicate with each other during their response and recovery efforts 
because New Orleans and the three nearby parishes all used different 
radio equipment and frequencies. To make matters worse, Federal 
officials responding to the area used an entirely different 
communications system than the local first responders, which hindered 
relief efforts. New Orleans officials had purchased equipment that 
would allow some patching between local and Federal radio systems, but 
that equipment was rendered useless by flooding. Nonetheless, short 
term solutions to link incompatible systems are not the right approach 
to this critical problem. A better approach is for this Nation and its 
representatives to get serious about public safety communications by 
developing an interoperable communications network for all local, 
state, regional and Federal first responders that can carry voice and 
data communications.
  I believe the SAVE LIVES bill provides that comprehensive and serious 
approach. The bill would establish a national policy for public safety 
spectrum, directing that the 24 MHz allocated by Congress to public 
safety in 1997 be used for state, local and regional interoperability 
and that the 30 MHz in the 700 MHz band be available as needed for a 
national, interoperable public safety broadband network by local, 
State, regional and Federal first responders. These two networks would 
be interoperable, thereby allowing local, State, regional and Federal 
first responders to communicate. Congress has deemed spectrum in the 
700 MHz band ``ideal'' for public safety communications because it can 
travel great distances and penetrate thick walls.

  The day before our Nation experienced the worst act of terrorism on 
our soil, the Public Safety Wireless Advisory Committee completed an 
850-page study of public safety spectrum requirements and recommended 
that 97.5 MHz of additional spectrum be made available for public 
safety. In 1997, Congress set aside 24 MHz of spectrum in the 700 MHz 
band for public safety use, but due to television broadcasters refusal 
to relocate from that spectrum, public safety will not have full use of 
the spectrum until February 2009. However, public safety states that 
the 24 MHz is not enough. Just last month, Fire Chief Charles Werner of 
Virginia testified before the Senate Commerce Committee that an 
additional 70 MHz may be needed by 2011.
  The bill also would establish a ``Public Safety Interoperable Working 
Group'' (the Working Group) to establish user driven specifications for 
public safety's use of the 30 MHz and then require the FCC to auction 
the 30 MHz under a ``conditional license'' that requires any winning 
bidder to meet public safety's specifications to operate a national, 
interoperable public safety broadband network. If there is no winning 
bidder, then the license to the 30 MHz will revert to public safety, 
which could then use the spectrum for a national, interoperable public 
safety broadband network and work with the FCC to auction excess non-
emergency capacity.
  To ensure public safety is using the spectrum effectively and 
efficiently, the bill would require the FCC to review public safety's 
use of the 24 MHz to determine whether it could handle a national 
interoperable broadband network in addition to local, state and 
regional networks as technology improves. The bill would also require 
the FCC, DHS and public safety to review the possibility of moving most 
public safety communications to the 700 MHz and 800 MHz bands thereby 
enhancing interoperability.
  As required by Congress, the FCC is slated to auction spectrum in the 
700 MHz band by January 28, 2008. Except for the 24 MHz allocated to 
public safety, the remaining spectrum will be auctioned to commercial 
providers unless Congress dictates otherwise. Therefore any use of the 
30 MHz by public safety must be considered quickly by Congress as the 
FCC would need to begin developing the rules for a conditional license 
by early fall to ensure that the auction date is not delayed.
  Late last year, the FCC stated, ``The availability of a nationwide, 
interoperable, broadband communication network for public safety 
substantially

[[Page S2514]]

could enhance the ability of public safety entities to respond to 
emergency situations . . . yet only 2.6 MHz is designated for 
nationwide interoperable communications in the 700 MHz public safety 
band.'' This is unacceptable and that is why I believe the SAVE LIVES 
Act would solve the interoperability crisis that faces our country.
  We cannot survive another disaster such as 9/11 or Katrina without 
reforming our Nation's interoperable communications. I fought for many 
years to clear the 700 MHz spectrum for first responders and now that 
there is a firm date for the availability of this spectrum, we should 
ensure that a sufficient amount of spectrum is being provided to first 
responders. Again, this spectrum is slated to be auctioned in January 
2008 to commercial entities, so if Congress does not act now to ensure 
that public safety can have some reasonable access to this valuable 
spectrum, it will be auctioned off without any consideration to our 
Nation's interoperability crisis and this opportunity will be lost 
forever.
  I know some critics would rather all of this spectrum be auctioned 
solely for commercial applications, such as wireless Internet surfing, 
instant messaging and phone services. I can assure you, I do not lay 
awake at night wondering why my children can't surf the Internet on 
their cell phone from any location at any time, but I do worry about 
whether we will be adequately prepared to respond to the next disaster.
  I can only imagine how many lives could have been saved during 9/11 
had this spectrum been available and I can only imagine how many 
victims of Hurricane Katrina could have been rescued sooner if only 
police, fire fighters and other emergency personnel had been able to 
communicate with each other. But instead of imagining, we have an 
obligation to act. We can have a national, interoperable communications 
system available to first responders by 2009 if we act now to make this 
spectrum available to public safety.
  I urge my colleagues to join me in supporting the SAVE LIVES Act.
                                 ______