[Congressional Record Volume 157, Number 10 (Tuesday, January 25, 2011)]
[Senate]
[Pages S146-S149]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROCKEFELLER (for himself, Mr. Lautenberg, Mr. Nelson of 
        Florida, Ms. Klobuchar, Mr. Cardin, and Mr. Harkin):
  S. 28. 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; to the Committee on Commerce, Science, and Transportation.
  Mr. ROCKEFELLER. Mr. President, I rise today to reintroduce the 
Public Safety Spectrum and Wireless Innovation Act.
  Radio spectrum is a tremendous resource. It can grow our economy and 
put innovative wireless services in the hands of consumers and 
businesses. It also can enhance our public safety by fostering 
communications between first responders when the unthinkable occurs. 
But it is also scarce. That is why we need a forward-thinking spectrum 
policy that promotes smart use of our airwaves--and provides public 
safety officials with the wireless resources they need to keep us safe.
  For all of these reasons, I believe in the Public Safety Spectrum and 
Wireless Innovation Act and call on my colleagues to join me and 
support it. I commit to them that I am open to their input and will 
work tirelessly with the administration, my Senate and House 
colleagues, and public safety officials to pass this legislation this 
year.
  The Public Safety Spectrum and Wireless Innovation Act does two 
things.
  First, as we approach the tenth anniversary of 9/11, this legislation 
will provide public safety officials with an additional 10 megahertz of 
spectrum known as the ``D-block.'' This spectrum will at long last, 
support a national, interoperable, wireless broadband network that will 
help first responders protect us from harm. I believe this is the right 
thing to do, because we owe those courageous individuals who wear the 
shield the resources they need to do their job.
  Second, this legislation will promote smart spectrum policy and 
efficient use of our Nation's wireless airwaves. It will do this by 
providing the Federal Communications Commission with the authority to 
hold voluntary incentive auctions. These auctions will help put 
valuable spectrum into the hands of companies that can create 
innovative new services for American consumers and businesses. This 
proposal will not require the return of spectrum from existing 
commercial users, but instead will provide them with a voluntary 
opportunity to realize a portion of auction revenues if they wish to 
facilitate putting spectrum to new and productive uses. Then the 
remaining revenues from these auctions will provide a revenue stream to 
assist public safety with the construction and maintenance of their 
spectrum network.
  Marrying together these ideas--good spectrum policy and the right 
resources for our first responders--makes good sense. It is also the 
right thing to do. Because the American people deserve to have the best 
and most innovative uses of wireless networks anywhere. They deserve to 
know our first responders have access to the airwaves they need when 
tragedy strikes. So I urge my colleagues to join me and support this 
important legislation.
  Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the text 
of the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 28

       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.

[[Page S147]]

       (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.--

[[Page S148]]

       (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.

[[Page S149]]

     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.
                                 ______