As one of its six overarching goals, the National Broadband Plan lists Goal #5: Every first responder should have access to a nationwide, wireless, interoperable broadband public safety network. The plan notes the conclusion of the 9/11 Commission that "“Compatible and adequate communications among public safety organizations at the local, state, and federal levels remains an important problem." As we near the tenth anniversary of the terrorist attacks in New York City and Washington (DC), there's a renewed push this year to create a nationwide, wireless, interoperable broadband public safety network.
In May 2011, the bi-partisan leadership of the Senate Commerce Committee -- Chairman Jay Rockefeller (D-WV) and Ranking Member Kay Bailey Hutchison (R-TX) -- introduced the Public Safety Spectrum and Wireless Innovation Act, very intentionally numbered S. 911. Writing for the CommLawBlog , Lee Petro identifies this as the " horse to watch."
Petro writes that the bill’s primary focus is the creation of a public safety wireless network which would be controlled by a new governmentally-created corporation (the “Public Safety Broadband Corporation” (PSBC)). Petro focuses on the bill's provisions for creating auctions of reclaimed television spectrum, called "incentive auctions," as the primary way to pay for the public safety network. The bill provides that:
- No full-power TV licensee would be forced -- “directly or indirectly” -- to give up spectrum in order to make spectrum available for an incentive auction. Licensees that offer some or all of their spectrum for such an auction, would receive a portion of the auction proceeds.
- The Federal Communications Commission is authorized to “reclaim” TV spectrum for re-purposing, opening the door for some involuntary jiggering that could force some TV licensees to move to different channels.
- In imposing such an involuntary move, though, the FCC would only have to make “reasonable efforts” to assure that the re-purposed licensee gets “an identical amount of contiguous spectrum.”
- Licensees subjected to involuntary re-packing could also be in line for a portion of the auction proceeds to cover at least some of the costs incurred as a result of any involuntary relocation.
- The FCC would not be permitted to force stations to share a channel, although licensees who voluntarily elect to channel share would be guaranteed the same pay-TV carriage rights they currently enjoy.
- All proceeds of the incentive auctions would be deposited in a newly-created Public Safety Trust Fund (PSTF). Payments to TV licensees voluntarily giving up their spectrum would come from the PSTF.
- No less than five percent of the PSTF – but no more than $1 billion – would be set aside in a new Incentive Auction Relocation Fund (IARF). The IARF would be available to the National Telecommunications and Information Administration (NTIA) which would, in consultation with the FCC, dole out funds to licensees (and pay-TV operators) to reimburse them for the “reasonable costs” of equipment, installation and construction necessary to accommodate any re-packing that is ordered.
On June 8, the Senate Commerce Committee approved S. 911 on a 21-4 vote. The bill now awaits a vote on the Senate floor.
To help build on the bill's momentum, on June 16, the Obama Administration convened a White House summit on public safety broadband. The event included Vice President Joe Biden, Attorney General Eric Holder, Homeland Security Secretary Janet Napolitano, FCC Chairman Julius Genachowski ,Chairman Rockefeller , and Gov Martin O'Malley (D-MD).
A key topic during the summit was the allocation of what's know as D block spectrum that was reclaimed from television broadcasting during the transition to digital TV. Under current law, the FCC is to auction the spectrum to a private entity that would then build the network and share it on a priority basis with first responders. (The FCC tried to do this in 2007, but there was not enough interest in the auction.) S. 911 would instead allocate the spectrum directly for the public service broadband network. The Administration has backed allocation while House Republicans favor a new D Block auction.
At the event the Administration also released a paper, The Benefits of Transitioning to a national Wireless Broadband Network for Public Safety. The report explains how the President’s Wireless Innovation and Infrastructure Initiative can facilitate the transition away from the traditional, fragmented world of public safety communications to a next generation system. It begins by providing the relevant context, explaining, among other things, the drawbacks of today’s systems, and it concludes by discussing benefits and opportunities made possible by a successful transition to an LTE-based nationwide network. In so doing, it recognizes that this transition will take some time and, in order for it to be successful, it must planned carefully, coordinated effectively, and begin as soon as possible. The Administration also made its case in a June 10 filing at the FCC development of an overarching framework to achieve a nationwide interoperable public safety wireless broadband network and suggests an appropriate course of action.
For now, S. 911 awaits a Senate vote. Then a similar bill must move through the House where GOP leadership seems divided -- House Homeland Security Chairman Peter King (R-NY) backs allocation while House Commerce Committee Chairman Fred Upton (R-MI) prefers a D block auction. Efforts to get a bill to president Obama before September 11, 2011 could make for an interesting summer.