[Congressional Record Volume 156, Number 108 (Wednesday, July 21, 2010)]
[Senate]
[Pages S6082-S6083]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LIEBERMAN (for himself and Mr. McCain):
  S. 3625. A bill to enhance public safety by making more spectrum 
available to public safety agencies, to facilitate the development of a 
public safety broadband network, to provide for the spectrum needs of 
public safety agencies, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. LIEBERMAN. Mr. President, I rise today, with my colleague Senator 
McCain, to introduce legislation to ensure that we take advantage of a 
once-in-a-lifetime opportunity to build a coast-to-coast communications 
network for our nation's first responders that is secure, robust and 
resilient.
  As it stands now, the mobile device the average teenager carries has 
more capability than those of the brave men and women who put their 
lives on the line for us each and every day and that's just wrong.
  Today we introduce the First Responders Protection Act of 2010, which 
will set aside the so-called D Block of spectrum for public safety 
entities and provide them the bandwidth they need to communicate 
effectively in an emergency.
  I am proud to stand with the representatives of more than 40 
organizations representing public safety officials, and with the ``Big 
7'' associations representing State and local governments, to call on 
Congress to put the D Block in the hands of public safety. Those groups 
include the International Association of Chiefs of Police, the 
International Association of Fire Chiefs, the National Sheriffs 
Association, the Major Cities Chiefs Association, the Major County 
Sheriffs Association, the Metropolitan Fire Chiefs Association, the 
Association of Public-Safety Communications Officials, International, 
APCO, the National Emergency Managers Association, the National 
Governors Association, the National Conference of State Legislatures, 
the Council of State Governments, the National Association of Counties, 
the National League of Cities, the U.S. Conference of Mayors, and the 
International City/County Management Association.
  Today public safety communicates on slices of scattered spectrum that 
prevent interoperable communications among agencies and jurisdictions, 
and that do not allow the large data transmissions that we take for 
granted in today's commercial communications.
  Securing the D Block for public safety will allow us to build a 
nationwide interoperable network for emergency communications that 
could prevent the kinds of communication meltdowns we had during 9/11 
and Hurricane Katrina.
  But setting aside the D Block will also allow first responders to 
send video, maps, and other large data transmissions over their mobile 
devices. For example, firefighters' lives may be saved because they 
will be able to access building specifications on their handhelds and 
know all the exits of a burning building before they enter it.
  I do not think it is wise, as the Federal Communications Commission 
has proposed, to auction the D Block to commercial interests and then 
to hope that public safety will be able to piggy-back on it. In a 
crisis, first responders need secure, reliable and quick communications 
that are not disrupted by commercial traffic.
  The First Responders Protection Act of 2010 will ensure that the D 
Block is licensed to the same public safety broadband licensee that 
currently holds the license for 10 MHz in the 700 MHz band. The bill 
would also provide up to $5.5 billion for a construction fund to assist 
with the costs of constructing networks and up to $5.5 billion for an 
operation and maintenance fund for long-term maintenance of networks. 
These funds would come from revenues generated by the auction of a 
different band of spectrum to commercial carriers.
  Achieving nationwide interoperability through adequate spectrum is a 
major recommendation of the 9/11 Commission that is unfulfilled. I urge 
my colleagues to take bold action to remedy Congress's past inaction by 
promptly passing the First Responders Protection Act of 2010.
  Mr. McCAIN. Mr, President, today I share the honor with Chairman 
Lieberman of introducing the First Responders Protection Act of 2010. 
This bill would provide 10 MHz of spectrum in the 700 MHz spectrum band 
to the public safety broadband licensee, make available funding for the 
construction, operation and maintenance of a nationwide interoperable 
communications network, and ensure proper governance.
  In 2004, the 9/11 Commission's Final Report recommended the 
``expedited and increased assignment of radio spectrum to public safety 
entities.'' Shortly thereafter, Senator Lieberman and I introduced a 
bill to provide spectrum to public safety; however the Senate voted 
down that bill. We reintroduced the bill in 2005--a month before 
Hurricane Katrina hit the Gulf Coast. But our efforts were blocked. 
Fortunately, Congress finally wrestled some spectrum away from the 
television broadcasters in 2009 and provided it to public safety. 
However, public safety has additional spectrum needs.
  Almost every other recommendation of the 9/11 Commission has been 
implemented, but this important recommendation remains unfulfilled. I 
can only imagine how many lives could have been saved on 9/11 if this 
spectrum had been available at that time. How many firefighters would 
be alive today if they could have communicated with their battalion 
chief at the base of the World Trade Center? Recently, in Arizona, we 
had a horrible murder committed in a rural area along the border. 
Cochise County Sheriff Larry Dever has stated that the lack of 
interoperable communications between the sheriffs' department and other 
law enforcement officers hindered the immediate investigation into 
tracking the suspect.
  In 2007, I introduced legislation to auction the remaining public 
safety spectrum to a commercial carrier that would then build out a 
network for public safety. The FCC held such an auction, but no bidder 
met the reserve price. Ten megahertz of spectrum remains available for 
public safety's needs. The FCC has announced its intention auction this 
spectrum to a commercial provider.
  Once this spectrum is auctioned, it will be impossible to ever get it 
back. That is why Congress must act now and provide the remaining 
spectrum directly to public safety. This legislation would do just 
that.
  Specifically, this legislation would license the remaining spectrum 
to the public safety broadband licensee that has been previously 
approved by the FCC as a qualified licensee and represents 38 national 
public safety organizations. The legislation provides authority to 
local jurisdictions to make decisions on the spectrum use, network 
build-out and equipment. The men and women fighting crime and saving 
lives know what communications systems and technology are best for 
them. Not Washington.
  Lastly, this bill provides funds for grants to localities for the 
construction, operation and maintenance of an interoperable 
communications network. These funds will come from the proceeds of a 
commercial spectrum auction, thereby not adding to our nation's 
burgeoning debt or raising taxes on all Americans.
  As we approach the 9 year commemoration of the horrific events on 
September 11 and the 5-year remembrance of the devastating tragedy of 
Hurricane Katrina, it is disgraceful that police officers, sheriffs and 
fire fighters still don't have a nation-wide interoperable 
communications system. Our legislation provides the spectrum and 
funding to first responders, while being fiscally responsible and 
ensuring local control and conscientious governance.
  This legislation is supported by the International Association of 
Chiefs of Police, the International Association of Fire Chiefs, the 
National Sheriffs Association, the Major Cities Chiefs Association, the 
Major County Sheriffs

[[Page S6083]]

Association, the Metropolitan Fire Chiefs Association, the Association 
of Public-Safety Communications Officials, International, APCO, the 
National Emergency Managers Association, the National Governors 
Association, the National Conference of State Legislatures, the Council 
of State Governments, the National Association of Counties, the 
National League of Cities, the U.S. Conference of Mayors, and the 
International City/County Management Association.
  I hope my colleagues will join me in providing public safety with the 
interoperable communications network they deserve.
                                 ______