[Congressional Record Volume 157, Number 70 (Thursday, May 19, 2011)]
[Senate]
[Pages S3182-S3184]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LIEBERMAN (for himself and Mr. McCain):
  S. 1040. A bill to enhance public safety by making more spectrum 
available to public safety entities, to facilitate the development of a 
public safety broadband network, to provide standards for the spectrum 
needs of public safety entities, 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, interoperable 
and resilient.
  As it stands now, the mobile device the average teenager carries has 
more capability than those of the men and women who put their lives on 
the line for us each and every day and that is just wrong.
  Today, we introduce the Broadband for First Responders Act of 2011, 
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. Companion legislation has been introduced 
in the House of Representatives by Representatives Peter T. King and 
Bennie G. Thompson, the Chairman and Ranking Member of the House 
Committee on Homeland Security.
  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 International, the National Emergency Management Association, the 
National Association of State EMS Officials, 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 am pleased that President Obama has pledged his commitment to 
reserve

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the D Block for public safety. I also look forward to working with 
Senator Rockefeller, the Chairman of the Committee on Commerce, 
Science, and Transportation, who has championed this cause and has 
signaled his determination to see a bill move through Congress this 
year.
  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. A police 
officer at the scene of a crime would be able to feed video back to 
headquarters. Emergency response officials would be able to exchange 
data with hospitals while treating patients at the scene of an 
accident.
  I do not think it is wise, as the Federal Communications Commission, 
FCC, proposed in its National Broadband Plan, 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 Broadband for First Responders Act of 2011 would 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 the network and up to $5.5 billion for 
an operation and maintenance fund for long-term maintenance. These 
funds would come from revenues generated by the auction of different 
bands of spectrum to commercial carriers. By dedicating those auction 
revenues to the public safety network, we can help public safety 
officials build the system they need without adding to the deficit.
  Under our bill, the FCC would set rules for the public safety 
network, ensuring interoperability across the nationwide system. The 
rules would also allow public safety to share spectrum with other 
governmental and private entities, as long as public safety services 
retain priority access to the spectrum. This authority would help hold 
down costs of the system by allowing public safety to leverage existing 
infrastructure.
  The grants to build and maintain the public safety network would be 
administered by the Department of Homeland Security and would be 
awarded directly to States and municipalities, who are in the best 
position to know how to deploy the network in their jurisdictions.
  Achieving nationwide interoperability through adequate spectrum is a 
major recommendation of the 9/11 Commission that is unfulfilled. We 
should not let the 10th anniversary of 9/11 pass without legislating to 
remedy that failure. The Chairman and Vice-Chairman of the Commission, 
the Honorable Thomas H. Kean and the Honorable Lee H. Hamilton, 
appeared before our Committee on Homeland Security and Governmental 
Affairs in March and urged the immediate allocation of the D Block to 
public safety, bluntly, and rightfully, delivering a message to 
Congress that further delay is intolerable. I urge my colleagues to 
take bold action to remedy Congress's past inaction by promptly passing 
the Broadband for First Responders Act of 2011.
  Mr. McCAIN. Mr, President, today I share the honor with Chairman 
Lieberman of introducing the First Responders Protection Act of 2011. 
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, 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?
  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 had announced its intention to auction 
this spectrum to a commercial provider. Thankfully, the White House 
announced late last year that it now supports the spectrum being 
provided to first responders for the construction of a nationwide 
public safety network, as did the Chairman and Ranking Member of the 
Senate Commerce Committee.
  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 more than 
three dozen 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 10 year commemoration of the horrific events on 
September 11th and the six year remembrance of the devastating tragedy 
of Hurricane Katrina, it is a disgrace 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.
  Providing ten megahertz of spectrum to public safety, as this bill 
does, 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 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.
  We have slightly more than one hundred days until the ten year 
anniversary of the horrific events of 9/11. I hope over the next 100 
days the Senate Majority Leader will consider bringing this bill to the 
floor for full consideration and that at that time my colleagues will 
join me and Senator Lieberman in providing public safety with the 
interoperable communications network they deserve. It is the least we 
can do for those who put their lives in danger each and every day to 
protect all of us.

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