U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

For sale by the Superintendent of Documents, U.S. Government Printing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001

77–915 2013

DISCUSSION DRAFT TO PROVIDE FUNDING FOR 

THE CONSTRUCTION AND MAINTENANCE OF 

A NATIONWIDE, INTEROPERABLE PUBLIC SAFETY BROADBAND NETWORK AND FOR OTHER 

PURPOSES AND ON H.R. 4829, THE NEXT 

GENERATION 911 PRESERVATION ACT OF 2010 

HEARING 

BEFORE THE

SUBCOMMITTEE ON COMMUNICATIONS, 

TECHNOLOGY, AND THE INTERNET 

OF THE

COMMITTEE ON ENERGY AND 

COMMERCE 

HOUSE OF REPRESENTATIVES 

ONE HUNDRED ELEVENTH CONGRESS 

SECOND SESSION 

JUNE 17, 2010 

Serial No. 111–138 

( 

Printed for the use of the Committee on Energy and Commerce 

energycommerce.house.gov 


rfrederick on DSK6VPTVN1PROD with HEARING
(II) 

COMMITTEE ON ENERGY AND COMMERCE 

HENRY A. WAXMAN, California 

Chairman 

JOHN D. DINGELL, Michigan 

Chairman Emeritus 

EDWARD J. MARKEY, Massachusetts 

RICK BOUCHER, Virginia 

FRANK PALLONE, JR., New Jersey 

BART GORDON, Tennessee 

BOBBY L. RUSH, Illinois 

ANNA G. ESHOO, California 

BART STUPAK, Michigan 

ELIOT L. ENGEL, New York 

GENE GREEN, Texas 

DIANA DEGETTE, Colorado 

Vice Chairman 

LOIS CAPPS, California 

MICHAEL F. DOYLE, Pennsylvania 

JANE HARMAN, California 

TOM ALLEN, Maine 

JANICE D. SCHAKOWSKY, Illinois 

HILDA L. SOLIS, California 

CHARLES A. GONZALEZ, Texas 

JAY INSLEE, Washington 

TAMMY BALDWIN, Wisconsin 

MIKE ROSS, Arkansas 

ANTHONY D. WEINER, New York 

JIM MATHESON, Utah 

G.K. BUTTERFIELD, North Carolina 

CHARLIE MELANCON, Louisiana 

JOHN BARROW, Georgia 

BARON P. HILL, Indiana 

DORIS O. MATSUI, California 

DONNA M. CHRISTENSEN, Virgin Islands 

KATHY CASTOR, Florida 

JOHN P. SARBANES, Maryland 

CHRISTOPHER S. MURPHY, Connecticut 

ZACHARY T. SPACE, Ohio 

JERRY MCNERNEY, California 

BETTY SUTTON, Ohio 

BRUCE L. BRALEY, Iowa 

PETER WELCH, Vermont 

JOE BARTON, Texas 

Ranking Member 

RALPH M. HALL, Texas 

FRED UPTON, Michigan 

CLIFF STEARNS, Florida 

NATHAN DEAL, Georgia 

ED WHITFIELD, Kentucky 

JOHN SHIMKUS, Illinois 

JOHN B. SHADEGG, Arizona 

ROY BLUNT, Missouri 

STEVE BUYER, Indiana 

GEORGE RADANOVICH, California 

JOSEPH R. PITTS, Pennsylvania 

MARY BONO MACK, California 

GREG WALDEN, Oregon 

LEE TERRY, Nebraska 

MIKE ROGERS, Michigan 

SUE WILKINS MYRICK, North Carolina 

JOHN SULLIVAN, Oklahoma 

TIM MURPHY, Pennsylvania 

MICHAEL C. BURGESS, Texas 

MARSHA BLACKBURN, Tennessee 

PHIL GINGREY, Georgia 

STEVE SCALISE, Louisiana 


rfrederick on DSK6VPTVN1PROD with HEARING
(III) 

SUBCOMMITTEE ON COMMUNICATIONS, TECHNOLOGY, AND THE INTERNET

RICK BOUCHER, Virginia 

Chairman 

EDWARD J. MARKEY, Massachusetts 

BART GORDON, Tennessee 

BOBBY L. RUSH, Illinois 

ANNA G. ESHOO, California 

BART STUPAK, Michigan 

DIANA DEGETTE, Colorado 

MICHAEL F. DOYLE, Pennsylvania 

JAY INSLEE, Washington 

ANTHONY D. WEINER, New York 

G.K. BUTTERFIELD, North Carolina 

CHARLIE MELANCON, Louisiana 

BARON P. HILL, Indiana 

DORIS O. MATSUI, California 

DONNA M. CHRISTENSEN, Virgin Islands 

KATHY CASTOR, Florida 

CHRISTOPHER S. MURPHY, Connecticut 

ZACHARY T. SPACE, Ohio 

JERRY MCNERNEY, California 

PETER WELCH, Vermont 

JOHN D. DINGELL, Michigan (ex officio) 

FRED UPTON, Michigan 

Ranking Member 

CLIFF STEARNS, Florida 

NATHAN DEAL, Georgia 

JOHN SHIMKUS, Illinois 

GEORGE RADANOVICH, California 

MARY BONO MACK, California 

GREG WALDEN, Oregon 

LEE TERRY, Nebraska 

MIKE FERGUSON, New Jersey 


rfrederick on DSK6VPTVN1PROD with HEARING

rfrederick on DSK6VPTVN1PROD with HEARING
(V) 

C O N T E N T S 

Page 

Hon. Rick Boucher, a Representative in Congress from the Commonwealth 

of Virginia, opening statement ............................................................................ 1 

Hon. Cliff Stearns, a Representative in Congress from the State of Florida, 

opening statement ................................................................................................ 41 

Hon. John Shimkus, a Representative in Congress from the State of Illinois, 

opening statement ................................................................................................ 42 

Hon. Bobby L. Rush, a Representative in Congress from the State of Illinois, 

opening statement ................................................................................................ 43 

Hon. Joe Barton, a Representative in Congress from the State of Texas, 

opening statement ................................................................................................ 44 

Hon. Henry A. Waxman, a Representative in Congress from the State of 

California, opening statement ............................................................................. 45 

Hon. Anna G. Eshoo, a Representative in Congress from the State of California, opening statement .................................................................................... 46 

Hon. Marsha Blackburn, a Representative in Congress from the State of 

Tennessee, opening statement ............................................................................ 47 

Hon. Jerry McNerney, a Representative in Congress from the State of California, opening statement .................................................................................... 48 

Hon. Anthony D. Weiner, a Representative in Congress from the State of 

New York, opening statement ............................................................................. 48 

Hon. Kathy Castor, a Representative in Congress from the State of Florida, 

opening statement ................................................................................................ 49 

Hon. Jay Inslee, a Representative in Congress from the State of Washington, 

opening statement ................................................................................................ 50 

Hon. Jane Harman, a Representative in Congress from the State of California, opening statement .................................................................................... 50 

WITNESSES

James Arden Barnett, Jr., Rear Admiral (Ret.) USNR, Chief, Public Safety 

and Homeland Security Bureau, Federal Communications Commission ........ 52 

Prepared statement .......................................................................................... 54 

Answers to submitted questions ...................................................................... 202 

Charles F. Dowd, Deputy Chief, New York City Police Department .................. 73 

Prepared statement .......................................................................................... 76 

Jonathan Moore, Director of Fire and EMS Operations and GIS Services, 

International Association of Fire Fighters ......................................................... 80 

Prepared statement .......................................................................................... 82 

Dale Hatfield, Adjunct Professor, Interdisciplinary Telecommunications Program, University of Colorado at Boulder ........................................................... 88 

Prepared statement .......................................................................................... 90 

Steve Zipperstein, General Counsel, Verizon Wireless ........................................ 97 

Prepared statement .......................................................................................... 99 

Answers to submitted questions ...................................................................... 206 

Joseph Hanley, Vice President, Technology Planning & Services, Telephone 

& Data Systems, Inc. ........................................................................................... 113 

Prepared statement .......................................................................................... 115 

Answers to submitted questions ...................................................................... 211 

Coleman D. Bazelon, Principal, The Brattle Group .............................................. 126 

Prepared statement .......................................................................................... 128 

Answers to submitted questions ...................................................................... 215 

Brian Fontes, Chief Executive Officer, National Emergency Number Association ........................................................................................................................ 132 

Prepared statement .......................................................................................... 134 

Answers to submitted questions ...................................................................... 220 


rfrederick on DSK6VPTVN1PROD with HEARING
Page

VI 

SUBMITTED MATERIAL

Discussion draft summary ...................................................................................... 4 

Discussion draft ....................................................................................................... 7 

H.R. 4829 .................................................................................................................. 23 

Letter of June 16, 2010, from M2Z Networks to the Committee ......................... 152 

Letter of June 29, 2007, from the Committee to the Federal Communications 

Commission ........................................................................................................... 157 

Two letters from the National Governors Association .......................................... 161 

FCC white paper, dated June 2010 ........................................................................ 164 


rfrederick on DSK6VPTVN1PROD with HEARING
(1) 

DISCUSSION DRAFT TO PROVIDE FUNDING 

FOR THE CONSTRUCTION AND MAINTENANCE OF A NATIONWIDE, INTEROPERABLE PUBLIC SAFETY BROADBAND NETWORK AND FOR OTHER PURPOSES AND ON 

H.R. 4829, THE NEXT GENERATION 911 PRESERVATION ACT OF 2010 

THURSDAY, JUNE 17, 2010 

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON COMMUNICATIONS, TECHNOLOGY, 

AND THE INTERNET, 

COMMITTEE ON ENERGY AND COMMERCE, 

Washington, DC. 

The Subcommittee met, pursuant to call, at 10:05 a.m., in Room 

2322 of the Rayburn House Office Building, Hon. Rick Boucher 

[Chairman of the Subcommittee] presiding. 

Members present: Representatives Boucher, Gordon, Rush, 

Eshoo, Inslee, Weiner, Castor, McNerney, Waxman (ex officio), 

Stearns, Shimkus, Terry, Blackburn, and Barton (ex officio). 

Also present: Representative Harman. 

Staff present: Amy Levine, Counsel; Roger Sherman, Chief Counsel; Tim Powderly, Senior Counsel; Pat Delgado, Chief of Staff; 

Shawn Chang, Counsel; Greg Guice, Counsel; Sarah Fisher, Special 

Assistant; Laurance Frierson, Intern; Alex Reicher, Intern; Bruce 

Wolpe, Senior Advisor; Will Carty, Professional Staff Member, 

CTCP; and Neil Fried, Counsel, Telecommunications. 

OPENING STATEMENT OF HON. RICK BOUCHER, A REPRESENTATIVE IN CONGRESS FROM THE COMMONWEALTH 

OF VIRGINIA 

Mr. BOUCHER. The subcommittee will come to order. Today the 

subcommittee will consider the steps that Congress can take to facilitate the creation of a nationwide, interoperable broadband network for the public safety community. As the terrorist attacks on 

9/11 and the natural disasters such as Hurricane Katrina have 

starkly revealed, there are serious obstacles that prevent fire, police, and rescue personnel from one locality from communicating 

with first responders from other localities when they converge on 

the scene of a disaster. In some instances, fire police and rescue 

personnel in a single locality may lack a means of interoperable 

communications, one with another. There is a widely understood 


rfrederick on DSK6VPTVN1PROD with HEARING
2 

need to create a fully interoperable first responder network but as 

of today that network remains a goal. It is not a reality. 

On a bipartisan basis, the members of this committee are determined to address this challenge and take the steps that are necessary from a legislative perspective in order to make that first responder network a reality. In bipartisan cooperation our staffs have 

assembled a discussion draft of legislation that spells out those necessary steps. Our focus this morning is on that discussion draft. 

The largest single challenge to creating the first responder network 

is identifying and obtaining the funding that is needed for the buying, the installation, the operating, and the maintaining of the 

equipment that will provide broadband communications. 

The National Broadband Plan assembled by the FCC estimates that cost to be between $12 billion and $16 billion over a 10-year 

period. The discussion draft directs that the D Block be auctioned 

and that the proceeds from that auction and the auction of several 

other spectrum blocks be applied to the build out and the upkeep 

costs of the first responder network. The draft authorizes general 

fund appropriations to cover any shortfall between the costs of the 

network and the auction proceeds for the D Block and those other 

areas of spectrum that would be auctioned. A strong federal government role in funding the network build out as detailed in the 

discussion draft will be essential if a true nationwide network is to 

be realized. 

In rural areas, in particular, the localities will have great difficulty affording the build out costs in the absence of federal government financial participation in funding those costs. The bipartisan legislative draft acknowledges and accommodates that reality. 

The discussion draft also recognizes the 24 megahertz of 700 band 

spectrum that is already held by the public safety community. This 

current spectrum holding was deemed adequate by the FCC’s analysis for the nationwide broadband first responder network that we 

now need to realize. Some, however, have proposed a different path 

forward than the bipartisan staff discussion draft. They would give 

the D Block to public safety to be combined with public safety’s existing spectrum holdings. 

The most significant shortcoming from that auction is that it 

would not provide the funding that is necessary for building out 

public safety’s network. While some contend that public safety 

could lease parts of the D Block to commercial entities and apply 

the revenue from the leases to the build out, maintenance, and 

operational costs, I question whether sufficient revenue from leasing could be realized, particularly in rural areas to assure the funding of the network costs, and it is the rural build out cost that may 

prove most challenging for local governments to fund on their own. 

The option of giving the D Block to public safety would also require 

that Congress find offsets for the D Block’s value. While we don’t 

know with certainty what value the Congressional Budget Office 

would assign to the D Block current estimates place it between $2 

billion and $3 billion. That is money Congress would have to identify and acquire before a single penny could be spent on constructing the network. 

We have a historic opportunity to make our Nation more secure 

and give first responders a crucial tool they urgently need, and I 


rfrederick on DSK6VPTVN1PROD with HEARING
3 

urge all members to keep this goal in mind as we consider and determine how best to proceed. I expect that we will receive thoughtful analysis on those questions from today’s witnesses. We will also 

at today’s hearing consider H.R. 4829, the Next Generation 911 

Preservation Act of 2010, which was introduced by our committee 

colleagues, Ms. Eshoo of California, and Mr. Shimkus of Illinois. 

This measure would reauthorize the enhanced 911 Act of 2004 and 

facilitate the migration of today’s enhanced 911 emergency communication systems to IP-based systems known as Next Generation 

911 that could support multi-media communications including text, 

e-mail, and video. 

I want to thank our committee colleagues for bringing this 

thoughtful measure before us. It will be considered as a part of today’s hearing. Thanks to our witnesses for being here today. I look 

forward to your thoughtful analysis, and I also want to say thank 

you to the members of this subcommittee on both sides of the aisle 

who have participated in a bipartisan fashion in putting forward 

the discussion draft of the Public Safety Broadband Act of 2010. 

That concludes my opening statement, and I am pleased now to 

recognize the ranking Republican member of our subcommittee, the 

gentleman from Florida, Mr. Stearns. 

[The information follows:] 


rfrederick on DSK6VPTVN1PROD with HEARING
4 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 9 77915A.001
5 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 10 77915A.002
6 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 11 77915A.003
7 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 12 77915A.004
8 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 13 77915A.005
9 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 14 77915A.006
10 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 15 77915A.007
11 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 16 77915A.008
12 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 17 77915A.009
13 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 18 77915A.010
14 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 19 77915A.011
15 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 20 77915A.012
16 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 21 77915A.013
17 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 22 77915A.014
18 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 23 77915A.015
19 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 24 77915A.016
20 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 25 77915A.017
21 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 26 77915A.018
22 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 27 77915A.019
23 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 28 77915A.020
24 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 29 77915A.021
25 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 30 77915A.022
26 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 31 77915A.023
27 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 32 77915A.024
28 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 33 77915A.025
29 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 34 77915A.026
30 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 35 77915A.027
31 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 36 77915A.028
32 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 37 77915A.029
33 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 38 77915A.030
34 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 39 77915A.031
35 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 40 77915A.032
36 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 41 77915A.033
37 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 42 77915A.034
38 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 43 77915A.035
39 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 44 77915A.036
40 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 45 77915A.037
41 

OPENING STATEMENT OF HON. CLIFF STEARNS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF FLORIDA 

Mr. STEARNS. Good morning, and thank you, Mr. Chairman, for 

holding this hearing, and also to welcome all of our witnesses this 

morning. We appreciate your time. Mr. Chairman, before I give all 

my comments on this hearing, I would like to note that this morning the FCC is considering a Notice of Inquiry to reclassify 

broadband as a Title 2 service. Broadband deployment and adoption are top priorities and Chairman Genachowski’s plan to treat 

broadband similar to a public utility, I think will hurt investment 

and possibly hurt innovation. Our current pre-market, pro-investment policies have served us well. Approximately 95 percent of all 

Americans have access to broadband and approximately 200 million subscribe at home today and this is up from 8 million just 10 

years ago. By comparison, it took 75 years to go from 8 million 

voice subscribers to 200 million under the old Title 2 common carrier regulations. 

So, Mr. Chairman, I hope that we can soon have a hearing on 

the FCC’s Notice of Inquiry. I think it is only appropriate considering what Chairman Genachowski is doing so that we have an opportunity. Both sides of the aisle can look at this issue and assess 

what he is doing. As you mentioned, in this hearing we are examining two very important pieces of legislation. The first is draft legislation to fund a nationwide interoperable public safety broadband 

network. I agree with the overall approach of the draft legislation, 

but perhaps the language could go further. I support the draft bill 

to the extent it uses revenue from a straight commercial auction 

of the D Block to fund the network on a 24 megahertz public safety 

spectrum already available. The FCC has concluded that the spectrum that has already been cleared for public safety is sufficient to 

simply build the network, but we need to be sure, however, that 

the legislation prohibits the FCC from imposing network neutrality 

or other such conditions and does not allow the FCC to rig the auction in favor of specific business models. 

The 2005 DTV legislation which made this spectrum available 

left the FCC too much discretion in how to structure this auction. 

As we saw with the 700 megahertz auction in 2008, network neutrality and public safety conditions reduced the revenues by $5 billion, sidelined both the 24 megahertz of public safety spectrum and 

the commercial D Block and crowded out smaller carriers. Absent 

exclusive prohibitions in the legislation, we can have no assurances 

that the FCC won’t impose conditions on the D Block auction that 

will hurt it, again harming spectrum policy and reducing proceeds 

we need to fund the Public Safety Network. Instead of a commercial auction some argue that Congress should pass a law to give 

the D Block directly to the public safety community for free. This 

would do little good, however, absent funding to construct the network. 

In this time of huge deficits and mounting public debt, it makes 

the most sense to raise the money through an auction to fund the 

network. We are now close to the 9-year anniversary of the September 11 terrorist attacks and yet we still do not have a nationwide interoperable broadband public safety network. This is too important, and we have already wasted too much time. The other bill 


rfrederick on DSK6VPTVN1PROD with HEARING
42 

under discussion this morning is H.R. 4829, the Next Generation 

911 Preservation Act of 2010. This bill can also improve our nation’s public safety. Mr. Shimkus and Ms. Eshoo introduced this 

bill to expedite the ongoing migration of 911 service to enhance 911 

service that can automatically identify the location of the caller to 

upgrade our entire 911 system for the Next Generation Internet 

enabled networks and capabilities that incorporate advanced 

texting and video applications, and to reduce the misuse of 911 fees 

which some state and local governments divert to fill holes in their 

budget. 

You know, with a few changes the bill might help to not only 

modernize our 911 system but also to make it more economically 

and administratively efficient. Obviously there is a concern the bill 

costs and authorizes about $250 million a year for the next 5 years. 

Frankly, we are having a little trouble finding money for the 

broadband public safety network so this is a very notable goal and 

thoughtful bill. I support it. I just want to make sure that we can 

also find the money to do this. So, Mr. Chairman, I think it is a 

very good hearing. I welcome this opportunity. Again, I would reiterate I think it would be appropriate that this subcommittee have 

a hearing on the FCC’s Notice of Inquiry as soon as possible. 

Thank you. 

Mr. BOUCHER. Thank you very much, Mr. Stearns. The gentleman from Tennessee, Mr. Gordon, is recognized for 2 minutes. 

Mr. GORDON. Thank you, Mr. Chairman. We have a long panel 

here this morning. I will pass so we can get on to the hearing. 

Mr. BOUCHER. Thank you, Mr. Gordon. We will add your opening 

statement time to your time for questioning our panel of witnesses. 

The gentleman from Illinois, Mr. Shimkus, is recognized for 2 minutes. 

OPENING STATEMENT OF HON. JOHN SHIMKUS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF ILLINOIS 

Mr. SHIMKUS. Thank you, Mr. Chairman. Thank you for calling 

the hearing and the discussion on both bills. The D Block has been 

a problem for us. We tried to auction it off to get it in the hands 

and that was a failure, so now we are revisiting it. I think we had 

good hearings, I don’t know how long ago, 6, 10 months ago on this 

issue, and I think we are moving in the right direction. So we look 

forward to continuing to work with you on that issue. I also want 

to commend my colleague, Anna Eshoo, on her work and us moving 

forward on the E 911 bill and the funds issues, not only getting 

technology in the hands of first line responders but also helping 

them afford some of this. This is something that I think we can 

move forward. I want to highlight Jill Pender who is leaving. I 

know Anna will probably mention her. She is leaving the stress 

and strain of the Hill to go to the peace and quiet of the FCC, so 

I wish her well. It might be more peaceful here than returning 

there right now. 

The last thing is there is a budgetary crisis across this country 

and all we want is kind of truth in advertising. If states are taking 

money to help deploy 911 funds, that is where the money goes to, 

and our bill says you don’t get federal additional help if you don’t 

do that. When we first started this process, Illinois was a good 


rfrederick on DSK6VPTVN1PROD with HEARING
43 

actor and our money was going in the right direction. Since then, 

we have turned to be a bad actor. We are $12.5 billion in debt and 

we have raided the funds. Shame on us, and that is why we have 

done great work. And thank you for sharing Jill with us too. I yield 

back. 

Mr. BOUCHER. Thank you, Mr. Shimkus. The gentleman from Illinois, Mr. Rush, is recognized for 2 minutes. 

OPENING STATEMENT OF HON. BOBBY L. RUSH, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF ILLINOIS 

Mr. RUSH. Thank you, Mr. Chairman. Mr. Chairman, I want to 

commend you on this hearing. It is a privilege for me to participate 

in today’s legislative hearing for it raises a number of the most 

critical national security and public safety needs and demands that 

this subcommittee could possibly address, and that is to promote 

the Nation’s public safety by ensuring multiple public safety agencies in multiple jurisdictions including heroic first responders, that 

they have reliable access to adequate wireless spectrum and interoperable equipment during times of disaster, crises, and emergencies. These matters are very important to me and I empathize 

with the frustration of the public safety community, being proud to 

have co-sponsored legislation such as Congresswoman Harman’s 

Emergency Communications Bill, H.R. 3633, which helps states to 

supply public safety personnel with interoperable communications 

equipment and training. 

But what we have now, Mr. Chairman, is a Tower of Babel situation of sorts where public safety agencies operate on different and 

non-existing channels of spectrum allocations even though these 

public safety agencies, officials, and workers must communicate in 

a common language with no, and I emphasize no, margin for delay. 

These problems of interoperability have slowed response efforts 

considerably, costing people their lives, their homes, and their 

loved ones. Despite the legitimate issues of how we would pay for 

these interoperable networks and what are the best approaches to 

promoting spectrum efficiency and maximizing the utility of these 

frequencies for our society, we are taking a vitally important step 

today by bring this discussion up for a hearing and refusing to ignore these problems or to delay action any longer. 

Let me also commend Ms. Eshoo and Mr. Shimkus for introducing H.R. 4829. Based on my reading of the bill, it will accelerate 

the migration of more central 911 services and systems to IP-enabled Next Generation 911 and emergency communication services 

and systems. The bill will make these services universally available 

and accessible to all Americans including the disabled and those 

with hearing, vision, and speech impairments. Additionally, it will 

provide matching grant funding assistance to eligible entities so 

that we can migrate more quickly to these Next Generation services to supporting the IP-enabled backbone and emergency network 

for those services and the necessary software to coordinate and 

interconnect our numerous emergency response organizations. Mr. 

Chairman, I look forward to hearing testimony and discussion during today’s hearing. I want to thank you, and with that I yield back 

the balance of my time. 


rfrederick on DSK6VPTVN1PROD with HEARING
44 

Mr. BOUCHER. Thank you very much, Mr. Rush. The gentleman 

from Texas, Mr. Barton, the ranking member of the Energy and 

Commerce Committee, is recognized for 5 minutes. 

OPENING STATEMENT OF HON. JOE BARTON, A 

REPRESENTATIVE IN CONGRESS FROM THE STATE OF TEXAS 

Mr. BARTON. Thank you, Mr. Chairman. I commend you on holding the hearing with what is going on downstairs. We have a subcommittee that is focusing on things that don’t make the media attention but are very important, and I am not saying what is happening downstairs is not important, but we do commend you for 

holding this hearing. We want to focus on our public safety technology goals today. Specifically, we are going to discuss the FCC’s 

plans, the current discussion draft, to begin the buildout of a truly 

nationwide, truly interoperable broadband network for the public 

safety community. The good news is that everyone in the room 

agrees on the goal, which is to build a robust network that will 

allow all of our first responders to communicate with each other 

both in the everyday business of responding to fires, highway accidents, but also during a large scale tragedy like the 9/11 attack. 

This goal should be the singular focus. 

I want to commend Chairman Genachowski of the FCC and the 

staff and the staff of the National Broadband Team. Based on their 

work and their conclusions about the state of broadband in the 

country 95 percent of the country has access to broadband and 200 

million people have actually adopted it. A deregulatory posture 

that we have used so far in this country has been successful. I am 

deeply disturbed by today’s action of the FCC and the Commission 

potentially to move towards reclassifying broadband as a Title 2 

service. In my mind, this is a misguided decision. It contradicts and 

ignores explicit congressional intent not to mention the Obama Administration’s promise to start creating jobs. I hope that we can 

have a hearing, Mr. Chairman, on that issue in the very near future. 

That disagreement aside, where there is no disagreement about 

public safety the Commission got some of the things right in the 

plan. I want to congratulate Admiral Barnett on his work and also 

the issue surrounding the 700 megahertz D Block. Back in 2007, 

I laid out a framework for a D Block auction that is both the basis 

of the FCC’s plan and for today’s discussion draft, auction the D 

Block for commercial purposes, use the proceeds to build and operate the public safety network. The public safety community argues 

that they don’t have enough spectrum and should be given the 

broadband. They argue that their current 10 megahertz won’t be 

enough. I understand their concerns but I disagree with that. If we 

do it right, we can have private industry pay us to build a network 

and then give the public safety community the ability to use the 

right amount of spectrum when the inevitable emergencies occur. 

We need to focus on how to maximize the revenue from the auction to D Block for commercial purposes. Maximizing those proceeds will do the most for getting this moving the right way. Imposing onerous conditions on the spectrum barring particular market players from participating only devalues the value of that spectrum. In my mind, there is no doubt about that. Finally, Mr. ChairVerDate Mar 15 2010 03:43 Mar 06, 2013 Jkt 077915 PO 00000 Frm 00050 Fmt 6633 Sfmt 6633 E:\HR\OC\A915.XXX A915

rfrederick on DSK6VPTVN1PROD with HEARING
45 

man, I am anxious to hear from the witnesses today about their 

opinion of H.R. 4829. We obviously need to upgrade our 911 service 

for a new technological world when the current White House 

spends billions of dollars the way the previous administration 

spent millions, $250 million a year could be considered pocket 

change. I believe, though, that the system should be modernized, 

made as efficient as possible. We need to be sure that the taxpayers’ money we make available for that work is well spent and 

ideally is offset by spending cuts and services that are less vital. 

With that, Mr. Chairman, I welcome our witnesses, especially Admiral Barnett to the committee and look forward to their testimony. 

Mr. BOUCHER. Thank you very much, Mr. Barton. The gentleman 

from California, Mr. Waxman, chairman of the full committee, is 

recognized for 5 minutes. 

OPENING STATEMENT OF HON. HENRY A. WAXMAN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA 

Mr. WAXMAN. Thank you very much, Mr. Chairman, for scheduling this critically important hearing, and I want to thank you 

and ranking members Barton and Stearns for their constructive 

contribution to the bipartisan staff discussion draft, and I look forward to continued bipartisan collaboration. Last September, this 

subcommittee held a hearing to explore recent developments regarding the creation of a nationwide interoperable broadband network for public safety. There was a consensus that constructing a 

nationwide public safety broadband network remains critical unfinished business from 9/11 and Hurricane Katrina. In my statement, 

I identified 3 goals. First, network or networks must be built quickly. Secondly, there must be a clear plan to ensure that deployment 

reaches all areas of the country. And, third, the plan should avoid 

distorting or disrupting the commercial wireless marketplace by 

giving an unfair advantage to certain carriers over others. 

I think the bipartisan discussion draft more than meets these essential goals. First, it allows for the immediate start of network 

construction, gives the NTIA the authority to start funding projects 

as soon as the rules are in place even prior to any auctions. As the 

FCC notes in its broadband plan, we need to act quickly to gain 

substantial cost savings regarding network construction. If we are 

unable to take advantage of commercial construction schedules the 

cost of building this network increases dramatically, possibly 3 

times as high. Secondly, by providing the requisite funding for a 

network across the nation all communities, not just major cities 

with large budgets, will be able to construct their portion of the 

network. Specifically the discussion draft contemplates the federal 

government covering 80 percent of construction costs and 50 percent of the ongoing costs associated with this network. 

The stark budget realities that the state and local governments 

face today would make it difficult for them to construct this network without such assistance. And, finally, the draft legislation 

does not distort competition in the wireless market. In fact, by setting deadlines for specific spectrum auctions to occur the discussion 

draft should help promote competition by ensuring the availability 


rfrederick on DSK6VPTVN1PROD with HEARING
46 

of additional spectrum. I know this discussion draft doesn’t satisfy 

all the public safety community, and several associations and their 

corporate partners have launched a campaign to convince Congress 

to give public safety 10 megahertz of spectrum, the so-called D 

Block. 

It is my firm view, however that this singular focus on the D 

Block undercuts what we all want to achieve, a sustainable nationwide broadband network for public safety. Indeed, some have suggested to us that they would prefer to have the D Block of spectrum rather than the substantial federal support contemplated by 

the discussion draft. I don’t think that is a tenable position. Spectrum without a viable plan to utilize it efficiently will create a network of haves and have nots, and I urge advocates of this position 

to reconsider this all or nothing approach. Indeed, the FCC’s National Broadband Plan has amplified my concern about this spectrum first approach. In a detailed technical paper released earlier 

this week, the FCC concluded that 10 megahertz of dedicated spectrum allocated to public safety in the 700 megahertz band for 

broadband communications provides more capacity than it needs on 

a day-to-day and emergency basis. 

But the FCC also concluded that giving public safety an additional megahertz of spectrum would not guarantee public safety 

sufficient capacity in a worse case emergency like 9/11, and that is 

why the FCC has instead proposed that public safety be guaranteed priority access to hardened commercial networks. This would 

give public safety much greater capacity than it needs when it 

needs it the most. All 5 FCC commissioners agreed that the FCC’s 

plan is the best approach for public safety. The FCC plan and the 

staff discussion draft would allow us to make a multi-billion dollar 

down payment on a nationwide network with the proceeds of the 

D Block auction. Although the funding contemplated in the discussion draft is a good start, I am committed to working with our colleagues and the Administration to find additional funding sources 

including future spectrum auction proceeds. Moreover, I hope the 

public safety is able to take advantage of the flexibility of the draft 

legislation to generate additional revenues through leasing fees and 

partnerships with critical infrastructure providers and other entities. I would like to thank your witnesses for their participation 

today. I look forward to your testimony. 

Mr. BOUCHER. Thank you very much, Chairman Waxman. The 

gentleman from Nebraska, Mr. Terry, is recognized for 2 minutes. 

Mr. TERRY. I will waive my opening statement. 

Mr. BOUCHER. Thank you, Mr. Terry. We will add your time to 

your questioning period. The gentlelady from California, Ms. 

Eshoo, is recognized for 2 minutes. 

OPENING STATEMENT OF HON. ANNA G. ESHOO, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA 

Ms. ESHOO. Thank you, Mr. Chairman, for holding this hearing, 

and how the importance of it is more than obvious. We need to explore public safety inoperability issues especially with regard to E 

911. And I would like to thank both the chairman and Mr. Shimkus for the kind remarks that they made about the legislation and 


rfrederick on DSK6VPTVN1PROD with HEARING
47 

the effort that we launched as co-chairs of the E 911 caucus. The 

NG 911 bill provides essential funding for 911 grants to bring us 

past enhanced 911 and into the Next Generation where call centers 

and first responders have interoperable communications and the 

ability to use new technology to improve their response capabilities. 

We have done a lot of work on this legislation. We have met with 

industry and agency representatives to discuss their perspectives, 

and we have determined that the E 911 coordination office really 

should remain at NTSA to ensure the ongoing success of its work. 

So I look forward to this discussion. I think that we need to explore amending the draft public safety bill to provide directed funding for these call centers. This is an integral part of our public safety system in the country and to leave that out, I think really will 

leave our citizens in a lurch. These call centers deal with life and 

death issues every day so we are going to have to work hard on 

that and identify financial resources to achieve the goal, but to 

leave it out, I think we will pay a huge price for that. I also want 

to draw attention to the funding section of the draft public safety 

bill Title 3 where there seems to be language that would once 

again delay the use of the AWS 3 spectrum in the 2155–2180 

megahertz band. I have spoken numerous times about this issue on 

the need to roll out the fallow spectrum now instead of delaying its 

use with pie in the sky paring up plans. 

I don’t think we can allow valuable spectrum to lie dormant for 

years. So I will support language that sets a date certain for the 

auction but since the FCC already has an established record to 

schedule the auction, I think we should have a much earlier deadline than the one specified in the draft bill. And I would like to ask 

unanimous consent to submit for the record a statement by M2Z 

who plans to bid on this spectrum and use it for nationwide wireless broadband life line. So we have a lot to discuss. I thank you 

for your leadership, Mr. Chairman, and I yield back any time that 

I might have. 

Mr. BOUCHER. Thank you very much, Ms. Eshoo, and without objection that statement will be received in the record. Actually, you 

owe us about a minute, but we will be generous in the repayment 

terms. The gentlelady from Tennessee, Ms. Blackburn, is recognized for 2 minutes. 

OPENING STATEMENT OF HON. MARSHA BLACKBURN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF TENNESSEE 

Mrs. BLACKBURN. Thank you, Mr. Chairman. And, first of all, I 

want to join Mr. Stearns in expressing my disappointment in what 

is transpiring at the FCC as we speak with their short-sighted efforts, in my opinion, to stifle innovation, destroy jobs, and to take 

over the Internet. It is an unnecessary step. Moving on, I am 

pleased that our committee is convening today to discuss public 

safety needs and spectrum on the D Block. I feel confident that we 

can find bipartisan support for this measure. I am certain that all 

of you are glad to see that there is bipartisan support, and I am 

encouraged that so many on this committee are advocating for an 

auction of spectrum, and I hope that my colleagues outside this 

committee will learn from what we are attempting to do, which is 


rfrederick on DSK6VPTVN1PROD with HEARING
48 

to reject an idea that we cannot pay for no matter how much merit 

there seems to be for that idea on the surface. 

While I strongly support public safety, having the spectrum and 

equipment it needs to effectively and efficiently do its job. Giving 

away valuable spectrum, quite frankly, is not affordable and not 

feasible at this time. In closing, I just want to make a couple of 

quick points. First, I would implore our friends in the industry to 

stand with us on this and not change their collective minds 3/4 of 

the way through the process. And, second, I would ask my colleagues to make the auction of spectrum available without any conditions attached, especially open access or limitations on who can 

bid on the spectrum. This would be bad policy and only reduce revenue to pay for the public safety network. With that, Mr. Chairman, I will yield back so that there is a little bit of time to apply 

toward Ms. Eshoo’s time. 

Mr. BOUCHER. Thank you very much, Mrs. Blackburn. The gentleman from California, Mr. McNerney, is recognized for 2 minutes. 

OPENING STATEMENT OF HON. JERRY MCNERNEY, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA 

Mr. MCNERNEY. Thank you for holding this hearing today, Mr. 

Chairman. As a representative of earthquake territory, I am keenly 

aware of the urgent need for first responders to be effectively communicating with one another and with the public in the event of 

a national disaster or other emergency, and I want to thank today’s 

witnesses for sharing their expertise on this subject. H.R. 4829, the 

Next Generation 911 Preservation Act, is intended to help modernize and improve emergency services by providing support for the 

new technologies. And I commend my colleague, Ms. Eshoo, for her 

efforts. This morning, I will be listening for solutions that provide 

the greatest public benefit in safety. I have heard from many of my 

constituents including law enforcement professionals with strong 

views on the proposed legislation. It is vitally important that this 

network is built quickly, cost effectively, and meets all of our nation’s police, firefighter, EMTs, and other first responder needs. 

With that, I yield back. 

Mr. BOUCHER. Thank you very much, Mr. McNerney. The gentleman from New York, Mr. Weiner, is recognized for 2 minutes. 

OPENING STATEMENT OF HON. ANTHONY D. WEINER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW 

YORK 

Mr. WEINER. Thank you, Mr. Chairman, and I thank all the 

members of the panel. I would name them individually but when 

I would have no more of my 2 minutes left. There are a lot of you 

here, and I am glad that you are. I do want to particularly single 

out perhaps the most, one of the most important members of the 

panel, Deputy Chief Charles Dowd of the New York City Police Department, who every day has to deal in a real life way with the 

challenge of having communication infrastructure that supports 

35,000 some odd police officers in a city of 8 million people that 

swells to about 12 million during every day, and doesn’t have to 

think about the challenges of terrorism and communications in a 


rfrederick on DSK6VPTVN1PROD with HEARING
49 

crisis as an abstract because, frankly, we encounter it every day. 

Chief Dowd is someone who has dedicated his entire life to the 

safety and security of the people of New York City and those that 

visit it, and I want to thank him for being here. 

I am a sponsor of the King bill but I have great empathy for the 

position that Mr. Waxman takes that we do have to figure out a 

way to have a sustainable structure and I think that somewhere 

between the King language and Mr. Waxman’s proposal to have 

some of it subject to auction, I think we can find common ground. 

The one thing we can’t allow though is any more years of inertia 

here, and I think that is a common thread of statement by my colleagues on both sides of the aisle and I think all 16 members of 

the panel here will probably agree with that. And I think you, Mr. 

Chairman, for convening this hearing. 

Mr. BOUCHER. Thank you, Mr. Weiner. The gentlelady from Florida, Ms. Castor, is recognized for 2 minutes. 

OPENING STATEMENT OF HON. KATHY CASTOR, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF FLORIDA 

Ms. CASTOR. Thank you very much, Mr. Chairman, and thank 

you to the witnesses who are here today. I am looking forward to 

hearing from you and learning more about what we can finally do 

to get a public safety network up and running. It is almost inconceivable that 9 years after the terrorist attacks of September 11 

and after Hurricane Katrina the United States still doesn’t have a 

National Public Safety Network. With the help of the 9/11 Commission, we have learned many lessons. We need a public safety network for our first responders whether they are fearless police officers, firefighters out there protecting our homes and businesses. I 

know there might be some disagreement about the best way to set 

up the network but I think we all agree that it is a national security priority, and it will be an invaluable asset to our community. 

So I would like to hear from you on what you believe is best. 

That is why we are here today. So I would like to raise a few questions for you all to consider as we move forward. First, I understand that the primary benefit of auctioning off the D Block and 

sharing spectrum with commercial providers is affordability. Without a spectrum auction, it could be very difficult to raise the money 

needed to build out a public safety network. So the question is will 

it be possible to raise funds for the network if there is no auction? 

What is the public safety community’s proposed alternative for 

raising these funds in lieu of an auction. Second, operability is key 

to the success of the public safety network. What are the projected 

spectrum needs of the approximately 2 million first responders who 

will be using it? Will they need more than they have now? How will 

the operability be impacted by a sharing arrangement? Will 

logistical challenges necessarily be greater on a shared network? 

Time is of the essence. Every day that we do not have a fully 

operationable public safety network is a day that our communities 

are less safe than they should be. What is the time line for getting 

the network up and running under the current proposals laid out 

in the National Broadband Plan and what are the alternatives to 

that? So I want to thank you for considering these questions. I look 


rfrederick on DSK6VPTVN1PROD with HEARING
50 

forward to your testimony, and we are all grateful for your service 

day in and day out. Thank you, Mr. Chairman. 

Mr. BOUCHER. Thank you, Ms. Castor. The gentleman from 

Washington State, Mr. Inslee, is recognized for 2 minutes. 

OPENING STATEMENT OF HON. JAY INSLEE, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF WASHINGTON 

Mr. INSLEE. Thank you. I just think one task before us is to find 

the confidence of law enforcement if we are going to move forward. 

I have met with my local law enforcement community in Washington, and there are real concerns about assuring that, in fact, in 

any system like this, we, in fact, give priority to law enforcement 

or emergency responders on networks, number 1. Number 2, that 

there is total confidence that spectrum will be available as additional needs grow. And, third, there is some increasing interest in 

regional networks instead of maybe perhaps a national one in this 

regard. So I will be looking for ideas on how to win that confidence 

in any process in this regard, and I think we have a lot of work 

to do to try to reach that, and look forward to working with all the 

witnesses in that regard. Thank you. 

Mr. BOUCHER. Thank you very much, Mr. Inslee. The gentlelady 

from California, Ms. Harman, while not a member of our subcommittee is certainly welcome in our proceedings this morning, 

and I am pleased to recognize her for 2 minutes. 

OPENING STATEMENT OF HON. JANE HARMAN, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA 

Ms. HARMAN. Thank you, Mr. Chairman. I missed my service on 

this subcommittee because I think it deals with absolutely critical 

issues like this one. Like other senior members of this committee, 

I was here on 9/11. No one will forget that many, especially firefighters, died in New York City because the NYPD circling overhead could not communicate with them to tell them that the World 

Trade Center towers were glowing red and immediate evacuation 

was required. Nine years later as some have pointed out, we have 

still not fixed this problem. We have operability in some geographic 

areas like New York City and among D.C. area fire and police but 

we do not have a national interoperable emergency communications capability. As many know, my focus in Congress is security 

and I know how possible and devastating a series of near simultaneous terror attacks in the cities around the U.S. could be. We do 

not have the communications infrastructure we will need in that 

event. 

Unfortunately, as some have said, the legislation and administrative efforts so far have lagged. I co-authored with our former colleague, Curt Weldon, the Hero Act, to set a date certain for a transition to a national interoperability network space. We never got 

there. The DTV transition, which this committee was involved in, 

cleared the analog spectrum, but it doesn’t have this capability up 

and running. The D Block auction failed, as some have pointed out. 

The PSIC bill, which I co-authored earlier this year, and Mr. Rush 

mentioned, is a success but it funds local projects. It doesn’t fund 

a national interoperable network, and the bright spot is the E 911 

effort that Ms. Eshoo has championed for years. 


rfrederick on DSK6VPTVN1PROD with HEARING
51 

But I just want to say that this new discussion draft is the best 

opportunity we have had to resolve the problem. It would generate 

funds to build out spectrum. It would give public safety priority access in roaming and insists on a network of networks. That is the 

key to making this interoperable. And, as I understand it, there is 

agreement on most issues but not all. I just want to say as a volunteer to this subcommittee for the morning, we must resolve the outstanding issues. We must enact the legislation. We must build out 

this network yesterday. And, in conclusion, everyone loses if we fail 

to do it. We all have family and friends in communities across the 

country, any of which could be a target. Their lives will depend on 

our prompt action and do the lives of firefighters and police. Thank 

you, Mr. Chairman, for letting me participate. 

Mr. BOUCHER. Thank you very much, Ms. Harman. We are 

happy to have you here this morning. I am pleased now to recognize our panel of witnesses, and I will say a brief word of introduction about each of them. Rear Admiral James Barnett is the Chief 

of the Public Safety and Homeland Security Bureau at the FCC. 

Mr. Charles Dowd is the Deputy Chief of the New York City Police 

Department’s Communications Division. Mr. Jonathan Moore is the 

Director of Fire and EMS Operations and GIS Services for the 

International Association of Fire Fighters. Mr. Dale Hatfield is an 

Adjunct Professor in the Interdisciplinary Telecommunications Program at the University of Colorado at Boulder. Mr. Steve 

Zipperstein is the Vice President for Legal and External Affairs 

and General Counsel for Verizon Wireless. Mr. Joseph Hanley is 

the Vice President of Technology Planning and Services for Telephone & Data Systems, Inc. Mr. Coleman Bazelon is the Principal 

for the Brattle Group. And Mr. Brian Fontes is the Chief Executive 

Officer of the National Emergency Number Association. 

We welcome each of you this morning, and thank you for taking 

time to share your views on this urgent subject with us. Without 

objection, your full written statements will be made a part of our 

record of proceedings, and we would welcome your oral statement 

and ask that each of you keep that oral statement to approximately 

5 minutes. Admiral Barnett, we welcome you this morning and we 

will be pleased to begin at your end of the table. 


rfrederick on DSK6VPTVN1PROD with HEARING
52 

STATEMENTS OF JAMES ARDEN BARNETT, JR., REAR ADMIRAL (RET.) USNR, CHIEF, PUBLIC SAFETY AND HOMELAND 

SECURITY BUREAU, FEDERAL COMMUNICATIONS COMMISSION; CHARLES F. DOWD, DEPUTY CHIEF, NEW YORK CITY 

POLICE DEPARTMENT; JONATHAN MOORE, DIRECTOR OF 

FIRE AND EMS OPERATIONS AND GIS SERVICES, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS; DALE HATFIELD, ADJUNCT PROFESSOR, INTERDISCIPLINARY TELECOMMUNICATIONS PROGRAM, UNIVERSITY OF COLORADO 

AT BOULDER; STEVE ZIPPERSTEIN, GENERAL COUNSEL, 

VERIZON WIRELESS; JOSEPH HANLEY, VICE PRESIDENT, 

TECHNOLOGY PLANNING & SERVICES, TELEPHONE & DATA 

SYSTEMS, INC.; COLEMAN D. BAZELON, PRINCIPAL, THE 

BRATTLE GROUP; AND BRIAN FONTES, CHIEF EXECUTIVE 

OFFICER, NATIONAL EMERGENCY NUMBER ASSOCIATION 

STATEMENT OF JAMES BARNETT 

Admiral BARNETT. Thank you, Chairman Boucher, Ranking 

Member Stearns, and members of the subcommittee, including volunteers. Thank you for attaching my full testimony. We would also 

ask that the FCC’s White Paper on capacity and on the cost model 

also be entered into the record. 

Mr. BOUCHER. Without objection. 

Admiral BARNETT. Here is a summation of my testimony. We, as 

a Nation, must seize this brief technological opportunity to create 

a truly nationwide, truly interoperable broadband public safety network. And there is nothing that is inevitable about such a network, 

and if we are going to ensure and afford interoperability then we 

need to have a really well researched and comprehensive plan. The 

Navy transferred me to Washington, D.C. in October, 2001 when 

there was still a gaping hole inside of the Pentagon, and since as 

we now look at the 9th anniversary of 9/11 coming up and with all 

the other disasters the nation has faced in the meantime, we still 

do not have the level of interoperability for public safety that they 

desperately need. 

So as we move forward, we have to recognize that already billions of dollars have been spent in really energetic efforts and yet 

we are no closer. But now after considerable research and numerous communications and meetings with public safety leaders the 

National Broadband Plan recommends an innovative approach to 

solve the 911 interoperability problem once and for all. And I would 

ask that Sarah bring up the slide Appendix B. This shows some of 

the components of our plan. The core of the network is the 10 

megahertz dedicated to public safety. We cannot think of this spectrum in terms of old technologies. With modern cell architecture, 

with the latest technologies, and with good spectrum management, 

10 megahertz can actually perform like 160 megahertz would on 

the current public safety voice networks. This will provide more 

than enough capacity for day-to-day operations and for most emergencies. 

We also must plan for the worst emergencies, the next 9/11, and 

in thinking through that an additional 10 megahertz, merely adding 10 megahertz such as the D Block might not be enough to really handle the load, and that is why the FCC has proposed that 


rfrederick on DSK6VPTVN1PROD with HEARING
53 

public safety have the ability to have priority access and roaming 

overall into commercial networks. Now that means first in line 

privileges for up to 40, 50, maybe 60 additional megahertz. Another 

feature of this is that it provides an additional advantage in that 

it provides resiliency and redundancy for public safety networks in 

case they go down. This happened in D.C. back in March. So we 

have created an in-depth cost model which shows the way to afford 

99 percent population coverage for the network and to ensure an 

iron rule of interoperability, we have already stood up and established the Emergency Response Interoperability Center or ERIC, 

and we will work with public safety and with our federal partners 

to make sure that it is effective. 

Now it might surprise some to know how much agreement there 

is between public safety and the FCC’s proposal. We agree on LT 

technology. We agree on the roaming and priority access. We agree 

on the interoperability center. We agree on the need for public 

funding. We need to make sure that there is in-building coverage, 

that it extends to inside buildings and the network at heart. And 

we agree that there should be early deployment. So the only major 

disagreement is on the D Block itself, and not all public safety even 

disagrees on that. Now Congress has indicated that we are to buy 

legislation currently that we are to auction the D Block, and here 

is why the FCC does not recommend reallocating the D Block. It 

will nearly destroy the commercial market for equipment and devices for public safety isolating public safety on a technological island the way they are today. 

It will vastly increase the cost of building the network for public 

safety by billions of dollars and it will increase the cost to public 

safety of operating the network by billions of dollars. And if the 

network is that much more expensive, as Chairman Waxman mentioned a minute ago, it will create a patchwork system across the 

country of haves and have nots. Perhaps some big cities may be 

able to afford it. Most rural areas will not. And if Sarah could bring 

up Appendix F, it also may mean that we would have more than 

20, 25 years in order to spread the network across the network. 

And if it is not nationwide, then it is truly not interoperable. I 

think that some in public safety have this idea that they will be 

able to take the D Block and sublease it to carriers for some type 

of revenue and that would pay for the network. 

But unlike the FCC, no one has come forward with any type of 

cost model or business plan or financial analysis that shows this 

will work, and in our view the amount of revenue that would come 

in for some of the big cities would not be able to fund the entire 

network. Let me shift for a moment to Next Generation 911. H.R. 

4829 and its companion bill in the Senate, 3111, advanced the vision for the rapid deployment of Next Generation 911 as we move 

into the IP-based broadband world. We see it is entirely consistent 

with the National Broadband Plan and a necessary step forward, 

not only for public safety but for the safety of the public. Let me 

stop here. I look forward to your questions, and thank you again 

for the opportunity to address you today. 

[The prepared statement of Admiral Barnett follows:] 


rfrederick on DSK6VPTVN1PROD with HEARING
54 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 60 77915A.038
55 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 61 77915A.039
56 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 62 77915A.040
57 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 63 77915A.041
58 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 64 77915A.042
59 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 65 77915A.043
60 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 66 77915A.044
61 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 67 77915A.045
62 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 68 77915A.046
63 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 69 77915A.047
64 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 70 77915A.048
65 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 71 77915A.049
66 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 72 77915A.050
67 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 73 77915A.051
68 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 74 77915A.052
69 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 75 77915A.053
70 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 76 77915A.054
71 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 77 77915A.055
72 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 78 77915A.056
73 

Mr. BOUCHER. Thank you very much, Admiral Barnett. Mr. 

Dowd. 

STATEMENT OF CHARLES F. DOWD 

Chief DOWD. Good morning, Chairman Boucher, Ranking Member Stearns, members of the subcommittee. I am Deputy Chief 

Charles Dowd, Commanding Officer of the New York City Police 

Department’s Communications Division. On behalf of Police Commissioner Raymond Kelly, I want to thank you for the opportunity 

to discuss with you today the critical need for Congress to act to 

ensure that public safety agencies will be able to communicate effectively now and in the future. I speak today not only for the 

NYPD and the City of New York, but also on behalf of virtually all 

of my colleagues in public safety, represented by the 21,000 members of the International Association of Chiefs of Police, the 13,000 

members, chiefs, of the International Association of Fire Chiefs, the 

National Sheriffs’ Association, the Metropolitan Fire Chiefs, the 

Major Cities Police Chiefs, the Major County Sheriffs’ Association, 

the Association of Public Safety Communications Officials, and the 

National Emergency Management Association. 

We are joined in this effort by 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, and many others that I could not list here today. We jointly and urgently request 

that Congress take immediate action to reallocate and assign the 

700 megahertz D Block of broadband spectrum directly to public 

safety, rather than conducting a public auction of this vital resource. We strongly support a bi-partisan bill introduced by Representative Peter King. This legislation, H.R. 5081, currently cosponsored by 24 members of the House, including Representative 

Anthony Weiner, vice Chairman of this subcommittee, would accomplish this purpose, and we ask that Congress swiftly approve 

the bill and send it to the President for his signature. 

In previous testimony before this committee, we have said that 

broadband technology will create a paradigm shift in public safety 

communications. The events in Mumbai, India and more recently 

in Times Square confirm the need for information sharing capabilities that will allow first responders to be effective in preventing 

such attacks. The ability to share information in real time on a 

local, state, and federal level is critical to that goal. The staff discussion draft referred to by this committee as the Public Safety Act 

of 2010 is fatally flawed legislation in that it calls for the auctioning of the D Block. 

It does address some of public safety’s needs, as Admiral Barnett 

already mentioned, it does address some of public safety’s needs 

designating other spectrum for auction with the proceeds being 

dedicated to public safety broadband. It also talks about the establishment of an advisory board under the FCC, which most of us in 

public safety agree is a good idea. Such an entity could be successful if comprised of public safety practitioners as decision makers. 

The section on flexibility and sharing of broadband spectrum is an 

idea also generally supported by public safety as a way to fund and 


rfrederick on DSK6VPTVN1PROD with HEARING
74 

maintain the network. However, we cannot agree with the bill’s intent to auction a resource as critical to public safety as the D 

Block. 

Since the D Block spectrum is adjacent to the public safety 

broadband allocation it is uniquely desirable, as it can provide 

needed additional capacity simply and elegantly, and simply is important, without complicating network or handset design. Any alternative spectrum offered would be less desirable since additional 

components would be required which would dramatically increase 

the cost while reducing performance. Nonadjacent spectrum blocks 

will not provide as much throughput capacity as the D Block, since 

greater efficiency is achieved through spectrum aggregation. This 

is the essence of broadband. If adding sites were the solution to 

network capacity shortage, there would be no contention for, or 

market for the D Block. Rather than seeking additional spectrum, 

network operators would simply add more sites. This is clearly not 

the case. 

Allocating the D Block to public safety will also provide first responders with the bandwidth required for the eventual migration 

of mission critical voice to 700 LTE as envisioned in the National 

Broadband Plan. The NYPD shares this vision and looks forward 

to the day when public safety users can share a nationwide network that supports mission critical voice, video, and data on an integrated wireless network and abandon the web of disparate legacy 

networks that impedes interoperability today. The D Block is the 

cornerstone of the mission critical voice foundation. Without it, a 

mission critical voice and data network would not be possible. The 

City of New York filed a White Paper with the FCC describing the 

spectrum needs for an integrated voice and data network several 

months ago. As public safety experts, we contend that filing provided proof that the 19 megahertz of dedicated spectrum is insufficient for public safety’s needs during emergencies. We have submitted a copy for the record of this hearing. 

Our experience with commercial network failures tells us we 

need network control to ensure guaranteed access and security. 

Commercial networks are simply not built to the same standards 

of reliability and survivability as our public safety networks. In a 

timely 60 Minutes broadcast last Sunday, federal officials criticized 

the utility industry for failing to safeguard their networks and systems from intrusion and malicious software. It was clear that the 

biggest impediment to protecting the power grid was the utility’s 

unwillingness to spend profits to secure their systems. What assurance do we have that commercial carriers will provide the adequate 

network security and robust build out that public safety requires 

and demands? 

And, by the way, again our experience over the years tell us that 

they will not. The nationwide network will be interconnected to 

confidential databases and secure servers that need to be protected. 

We need to have the option to build our own secure networks and 

manage the security of these networks ourselves. 

The public safety organizations mentioned at the beginning of my 

testimony are unified in the goal of establishing for the first time 

a nationwide interoperable mission critical voice and data public 

safety broadband network. They are not motivated by profit or poliVerDate Mar 15 2010 03:43 Mar 06, 2013 Jkt 077915 PO 00000 Frm 00080 Fmt 6633 Sfmt 6633 E:\HR\OC\A915.XXX A915

rfrederick on DSK6VPTVN1PROD with HEARING
75 

tics. Their only motivation is the ability to serve the public they are 

sworn to protect. On behalf of those organizations, I thank you for 

your attention to this important issue, and I will be happy to answer any questions from the members of the subcommittee. 

[The prepared statement of Mr. Dowd follows:] 


rfrederick on DSK6VPTVN1PROD with HEARING
76 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 82 77915A.057
77 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 83 77915A.058
78 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 84 77915A.059
79 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 85 77915A.060
80 

Mr. BOUCHER. Mr. Moore. 

STATEMENT OF JONATHAN MOORE 

Mr. MOORE. Thank you, Chairman Boucher, Ranking Member 

Stearns, and distinguished members of the subcommittee. My 

name is Jonathan Moore, and I am the Director of Fire and EMS 

Operations and GIS Services for the International Association of 

Fire Fighters. I appreciate the opportunity to appear before you 

today on behalf of General President Schaitberger, and the nearly 

300,000 fire fighters and emergency medical personnel who comprise our organization. Mr. Chairman, I testify today not only as 

a representative of the IAFF, but as a former fire fighter who understands the critical importance of effective and reliable public 

safety communications. While Congress and the FCC have taken 

important steps forward to establish a public safety broadband network, establishing such a network is only the top of the iceberg. 

Much work remains to be done to improve not only interoperable 

communications, but basic operable radio communications within 

individual police and fire departments. 

For years the IAFF has participated in the ongoing dialogue 

among members of the public safety community, telecommunications industry and elected officials about how to best utilize 

evolving communications technology. We believe that the 

broadband technology can provide public safety with the ability to 

quickly communicate complicated information and that the 

broadband plan proposed by the FCC will deliver a functional and 

affordable broadband network to public safety. We believe that the 

10 megahertz currently allocated to public safety combined with 

roaming and priority access on the D Block and of the networks as 

proposed by the FCC will provide public safety with adequate capacity for every day use as well as large scale emergencies. 

Furthermore, because such partnerships will be required to meet 

the requirements established by the Emergency Response Interoperability Center, which itself will be advised by public safety, we 

have confidence that they will meet the public safety’s mission critical standards. The argument that public safety needs 20 megahertz depends on a number of assumptions which are unlikely to 

occur, that a majority of public safety agencies will participate in 

the network and that a majority of agencies will utilize the myriad 

of applications envisioned for such a network. This sort of buy-in 

is unlikely to happen for several reasons, including use of alternate 

networks, personal preference, and, perhaps most importantly, 

cost. 

Perhaps the most important aspect of the FCC plan is the fact 

that it proposes both short and long-term funding mechanisms to 

help build and maintain the public safety network. The plan also 

ensures that the network is affordable to its users by leveraging 

commercial technology and utilizing the GSA schedule to provide 

reasonable benchmark rates for public safety equipment and network access. As public safety budgets nationwide face significant 

cuts in the current economy affordability is key to making any network interoperable on a nationwide level. Some in industry and the 

public safety community have suggested that the FCC plan is insufficient to meet public safety needs and instead recommend reVerDate Mar 15 2010 03:43 Mar 06, 2013 Jkt 077915 PO 00000 Frm 00086 Fmt 6633 Sfmt 6633 E:\HR\OC\A915.XXX A915

rfrederick on DSK6VPTVN1PROD with HEARING
81 

allocating the D Block to public safety. While well intentioned, we 

believe that this proposal is not only unnecessary but unrealistic. 

As a case in point, the legislation reallocating the D Block to 

public safety has been introduced in the House by Representative 

Peter King. However, the bill proposes no funding mechanism to 

build or maintain the network. While we support the FCC plan and 

the establishment of a nationwide public safety broadband network 

building such a network will in no way address the real communication dilemma facing the majority of America’s first responders 

achieving basic communications operability. The communications 

failures of 9/11, Oklahoma City, and Katrina are often cited as 

proof of why a nationwide interoperable communications network 

is needed. Yet, these were not failure of interoperability but rather 

failures of basic operability. 

Despite the promise of broadband for the foreseeable future communications in the fire service will continue to be dependent on 

radio, and ensuring fire fighters have basic radio communications 

capabilities must continue to be our top priority. The safety of both 

fire fighters and the public depends on reliable, functional communication tools that work in the extreme environment in which fire 

fighters operate with zero visibility, in high heat or in self-contained breathing apparatus that distort the voice, and gloves that 

make operation of a complicated handset difficult. Fire fighters operate inside structures of varying sizes and construction types 

which have a direct impact on the ability of a radio wave to penetrate the structure and be interpreted by the receiver. It is precisely this environment that makes the application of new technology so challenging. 

Current digital radio technology, for example, is largely unintelligible on the fire ground. Any communications technology must take 

all of these factors into consideration. Communications technology 

must not only be reliable and functional, it must also be affordable. 

Fire departments will simply be unable to utilize new technology 

if it is too expensive. Focusing time and resources on fixing these 

and other basic communication issues will have a larger impact on 

public safety than will the establishment of any broadband network. Moreover, failure to address the challenges of communication 

on the fire ground will undermine the entire purpose of creating a 

broadband network. Thank you for the opportunity to testify before 

you today, and I am happy to answer any questions you may have. 

[The prepared statement of Mr. Moore follows:] 


rfrederick on DSK6VPTVN1PROD with HEARING
82 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 89 77915A.061
83 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 90 77915A.062
84 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 91 77915A.063
85 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 92 77915A.064
86 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 93 77915A.065
87 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 94 77915A.066
88 

Mr. BOUCHER. Thank you very much, Mr. Moore. Mr. Hatfield. 

STATEMENT OF DALE HATFIELD 

Mr. HATFIELD. Chairman Boucher, Ranking Member Stearns and 

members of the subcommittee, I am very pleased and honored to 

appear before you today to testify on the draft legislation that 

would provide funding for constructing and maintaining an interoperable public safety broadband network. My name is Dale Hatfield, and I am the Executive Director of the Silicon Flatirons Center for Law, Technology and Entrepreneurship at the University of 

Colorado at Boulder. While I have some other affiliations that are 

disclosed in my prepared remarks, my testimony here today reflects solely my own views and any recommendations that I offer 

should not be ascribed to any of the other institutions with which 

I am associated. 

I would be remiss if I did not begin my testimony by commending 

you for taking up an issue, the funding of a nationwide interoperable public safety broadband network that is so vital to the safety 

of life and property and to our homeland security. Past experience 

with large scale man-made and natural disasters have clearly demonstrated the price we may pay in the future without such an 

interoperable network. Moreover, the challenges we have had in 

the past in developing and deploying interoperable narrow band 

voice network for public safety use provide a warning of the hard 

work that lies ahead if we are going to realize the full benefits and 

vision by an interoperable public safety broadband network. 

Fortunately, in my opinion, legislation along the lines that has 

been set forth in the staff draft coupled with the recommendations 

and analyses presented in the National Broadband Plan provide 

the necessary policy direction, funding sources, and analytical 

framework to ensure the successful deployment of such a nationwide network. Turning to my written testimony, I focus there on 

4 areas. First, I address the importance of taking into account commercial equipment and technologies and the evolution of commercial wireless networks in establishing rules to ensure the deployment of the interoperable network. More specifically, Section 101 

of the discussion draft directs the Commission in adopting the rules 

necessary to achieve interoperability to consider, 1, the extent to 

which particular technologies and user equipment are or are likely 

to be available in the commercial marketplace, 2, the availability 

of necessary technologies and equipment on reasonable and nondiscriminatory licensing terms, 3, the ability to evolve with technological developments in the commercial marketplace, and, 4, the 

ability to accommodate prioritization for public safety transmissions. 

As I explain more fully in my written testimony, I believe these 

provisions are essential to developing the interoperability public 

safety broadband network. Among other things, the network will 

benefit from the economies of scale, increased competition, and 

rapid technological advances associated with commercial marketplace, and also importantly because it will facilitate the ability of 

public safety users to roam onto and gain priority access to commercial networks in times of stress. Second, building upon some 

earlier testimony that I delivered to the subcommittee in December 


rfrederick on DSK6VPTVN1PROD with HEARING
89 

of last year, I address the importance of spectrum flexibility and 

sharing as raised in Section 103 of the discussion draft. I strongly 

support those revisions of the draft because I am convinced that we 

can no longer afford to leave vast stretches of valuable spectrum 

lying idle most of the time when there are technologies available 

to allow more efficient dynamic sharing of the resource while giving 

public safety entities access to large amounts of additional spectrum in extreme emergency situations. 

Third, I addressed the issue of the adequacy of the 10 megahertz 

of spectrum in the 700 megahertz band that has already been allocated to public safety for broadband networks and having reviewed 

the White Paper on capacity requirements released by the Commission on Tuesday as well as some other documents. I state that I 

am in general agreement with the analysis contained therein. More 

specifically, I support both the conclusion that the 10 megahertz of 

spectrum already allocated is sufficient to meet the day-to-day and 

serious emergency broadband requirements for public safety, and 

the concept of allowing public safety entities to gain access to substantial amounts of additional spectrum through priority access to 

and roaming access across commercial broadband spectrum. 

Again, this is consistent with my strongly held belief that better 

spectrum management requires more efficient dynamic sharing of 

the increasingly scarce spectrum resource. Fourth, and, finally, I 

address several less over-arching issues which I wanted to call to 

your attention, but because they are not central to the main issues 

and in the interest of time, I will not address them in this oral 

statement. That concludes my oral statement, Mr. Chairman, and 

I will be happy to take questions. Thank you very much. 

[The prepared statement of Mr. Hatfield follows:] 


rfrederick on DSK6VPTVN1PROD with HEARING
90 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 97 77915A.067
91 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 98 77915A.068
92 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 99 77915A.069
93 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 100 77915A.070
94 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 101 77915A.071
95 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 102 77915A.072
96 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 103 77915A.073
97 

Mr. BOUCHER. Thank you very much, Mr. Hatfield. Mr. 

Zipperstein. 

STATEMENT OF STEVEN ZIPPERSTEIN 

Mr. ZIPPERSTEIN. Thank you. Good morning, Chairman Boucher, 

Ranking Member Stearns, and members of the subcommittee. It is 

a privilege to be here with you today. In the 9 years since the 9/ 

11 attacks public attention has focused on the need for effective 

interoperable first responder communications. Congress actually 

began to address this important issue 12 years ago in 1997 when 

it enacted legislation to reallocate certain 700 megahertz spectrum 

for public safety’s use. Today, we endorse the work being done to 

continue those efforts by implementing a nationwide interoperable 

public safety broadband network that is effective, efficient, and sustainable. The FCC’s National Broadband Plan delivered in March 

is a watershed event for public safety because it promises to 

change forever the way public safety officials communicate. By constructing a nationwide public safety broadband network, it will ensure that all first responders in all parts of the country, including 

rural America, will benefit from the broadband revolution. 

The FCC’s plan provides several important benefits. First, it establishes a national framework for a network of networks with 

common technology and operational standards to ensure interoperability across the United States. Second, it leverages the benefits 

of commercial technologies which will mean lower costs and more 

rapidly available equipment. Third, it promotes public, private 

partnerships that will enable public safety to leverage the considerable investments of the private sector. Public safety will have the 

ability to choose from many prospective partners whether or not 

they hold licenses in the 700 band. 

In addition to Verizon Wireless, many other players in the industry, a wide variety of industry associations, including rural associations, have all endorsed this leveraged network approach. Fourth, 

the FCC plan will advance broadband deployment in rural areas by 

providing funds for new facilities where they are needed and promoting flexible partnerships to maximize those investments. This 

is the same kind of approach that we announced recently with our 

program to advance LTE in rural America under which Verizon 

Wireless will work collaboratively with rural companies to build 

and operate fourth generation networks where they currently have 

or plan to build their own infrastructure. Given the merits of a nationwide interoperable public safety broadband network, we commend the subcommittee and the staff for promptly considering legislation to authorize federal funding to support the construction 

and operation of such a network. 

We agree that the best way to fund this network is through future spectrum auctions. Given the FCC’s aggressive plan for making new commercial spectrum available over the next decade, we 

believe there will be more than ample revenues to support the National Public Safety Network and other important legislative initiatives. The last two auctions alone raised nearly $33 billion, and 

that was a lot less than 500 megahertz of spectrum. By ensuring 

an adequate supply of spectrum for the future an enabling companies to acquire and use the spectrum without restrictions, Congress 


rfrederick on DSK6VPTVN1PROD with HEARING
98 

will maximize the future auction revenues. So while the FCC’s plan 

indeed is visionary, we disagree with it in just one respect. We do 

not believe it provides the spectrum necessary to ensure its successful implementation. 

As Chief Dowd has testified this morning, a broad alliance of 

public safety and state and local government organizations and the 

Attorney General of the United States have all concluded that public safety will need more spectrum to support the wide array of 

broadband applications that first responders will use in the future 

to protect us. The FCC did release a White Paper this week reaching the opposite conclusion, but even the FCC’s own study concedes 

that public safety will need additional spectrum during times of 

emergency, yet the FCC concludes that during those times when effective communication is most crucial public safety should be reliant on commercial networks, a conclusion that most in the public 

safety community believe defeats the very purpose of building a nationwide public safety network. 

It should come as no surprise that public safety now needs more 

spectrum than Congress or anyone else envisioned when it designated the original allocation 13 years ago. Much has changed in 

the wireless world during that time. Thirteen years ago few people 

had ever heard of text messaging, yet today billions and billions of 

text messages traverse our wireless networks daily. Thirteen years 

ago, we were all using First Generation narrow band voice technology. Today, we are embarking on the transition to 4G technology, broadband technology that will support a wide array of 

data multimedia and video applications that public safety needs to 

protect us. Public safety should not be limited from taking advantage of these technological advancements because it doesn’t have 

enough spectrum. 

So members of the subcommittee, great progress has been made. 

We applaud the progress. We applaud the draft legislation because 

it does solve 2 of the 3 critical components needed to address this 

issue, funding and infrastructure. All that is needed is sufficient 

spectrum. The FCC’s broadband plan calls for almost 500 megahertz of additional spectrum over the next 10 years. The D Block 

is just 2 percent, only 2 percent, of that 500 megahertz of spectrum. We should consider the D Block an investment in public safety and investment in our future. The taxpayers own it today. They 

will continue owning it in the future. Finally, Mr. Chairman, I am 

pleased to announce that Verizon Wireless wholeheartedly supports 

H.R. 4829, the Next Generation 911 bill. 

[The prepared statement of Mr. Zipperstein follows:] 


rfrederick on DSK6VPTVN1PROD with HEARING
99 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 107 77915A.074
100 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 108 77915A.075
101 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 109 77915A.076
102 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 110 77915A.077
103 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 111 77915A.078
104 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 112 77915A.079
105 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 113 77915A.080
106 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 114 77915A.081
107 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 115 77915A.082
108 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 116 77915A.083
109 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 117 77915A.084
110 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 118 77915A.085
111 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 119 77915A.086
112 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 120 77915A.087
113 

Mr. BOUCHER. Thank you very much, Mr. Zipperstein. Mr. Hanley. 

STATEMENT OF JOSEPH HANLEY 

Mr. HANLEY. Good morning, Chairman Boucher, Ranking Member Stearns, and members of the subcommittee. Thank you for the 

opportunity to be here today. My name is Joe Hanley and I am 

Vice President at TDS, parent company of U.S. Cellular. U.S. Cellular serves over 6 million customers and has received 9 consecutive J.D. Power awards for highest call quality in the north central 

region. We are members of the Rural Cellular Association, as well 

as CTIA, the Wireless Association. In addition to commercial users, 

our networks serve hundreds of public safety agencies throughout 

the country. Like other wireless carriers, we need more spectrum 

fourth generation services. U.S. Cellular is prepared to bid in future auctions, especially the D Block. We, therefore, applaud the 

committee for its leadership in identifying 2 bands for auction and 

look forward to working with the committee to enact the legislation. 

When I testified before this committee last fall, I laid out 2 fundamental goals providing interoperable broadband for public safety 

and fostering a competitive market for commercial broadband services. Old goals remain essential to the public interest, and I am 

pleased to say that both are advanced by the proposals in the National Broadband Plan and by the committee’s bipartisan legislation. U.S. Cellular strongly supports the proposal to dedicate auction proceeds to fund the public safety network. We have long advocated for a win-win solution, one that delivers on the promise of a 

public safety broadband network but also one that fosters competitive mobile broadband for all American consumers, urban and 

rural. The question has always been funding. The legislation’s innovative proposal to use proceeds from 2 auctions is an important 

step forward. Congress should pass this legislation and the FCC 

should move quickly to implement it. 

Let me make 2 specific comments about how Congress should direct FCC to structure these auctions. First, it is critical the licensed areas be reasonably sized. Smaller licensed areas will bring 

in more bidders and generate more revenue, which means more resources for the public safety network. Furthermore, small licensed 

areas will allow local public safety officials to pursue partnerships 

with locally strong carries who especially in rural areas often have 

the best networks and the greatest commitment to the local community. The 700 megahertz auction offered the D Block as a national license. It also made the C Block less competitive and generated lower revenues by using mega regional licenses subject to 

package bidding. 

By contrast, a D Block auction with area licenses would attract 

many carriers, large and small, that could build on their existing 

assets in each area. With the resources of multiple operators network deployment will be faster, more extensive and more reliable 

with no single point of failure. We support cellular market areas 

or CMAs or is the second choice the slightly larger economic areas 

or EAs. Second, the auction procedures must be straightforward 

and fair, not biased in favor of large bidders. The 700 megahertz 


rfrederick on DSK6VPTVN1PROD with HEARING
114 

auction used packaged bidding, a procedure that allows large bidders to trump small ones by bidding on all or nothing packages of 

licenses. As the experience of this auction demonstrates packaged 

bidding only serves to create opportunities for the largest bidders 

to exploit the rules and shut out smaller bidders. Smaller license 

areas free of package bidding rules are equally accessible to everyone and produce much higher revenues. For instance, the B Block generated $9.1 billion using CMAs, but the C Block, which is 12 license areas, generated only $4.7 billion 

for nearly twice as much spectrum. In conclusion, U.S. Cellular 

strongly supports the committee’s draft legislation and the FCC’s 

plans to auction D Block licenses. The proposed legislation charts 

the best course by funding public safety mobile broadband networks while promoting competition in the auction and in the market for wireless services. The FCC should expeditiously auction the 

D Block using CMA or EA licenses and no packaged bidding. U.S. 

Cellular is prepared to bid on D Block area licenses, pursue partnerships with public safety and deeply advance services to American’s consumers and businesses. Thank you for the opportunity to 

provide this testimony, and I look forward to your questions. 

[The prepared statement of Mr. Hanley follows:] 


rfrederick on DSK6VPTVN1PROD with HEARING
115 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 123 77915A.088
116 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 124 77915A.089
117 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 125 77915A.090
118 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 126 77915A.091
119 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 127 77915A.092
120 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 128 77915A.093
121 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 129 77915A.094
122 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 130 77915A.095
123 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 131 77915A.096
124 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 132 77915A.097
125 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 133 77915A.098
126 

Mr. BOUCHER. Thank you, Mr. Hanley. Mr. Bazelon. 

STATEMENT OF COLEMAN BAZELON 

Mr. BAZELON. Thank you. It is an honor to speak here today. 

Two years ago I testified before this committee on the outcome of 

Auction 73, the 700 megahertz auction. At that time I said as for 

the pending decisions about the D Block, the worst thing would be 

to leave it unused. Freeing it for unrestricted commercial use, configuring it as smaller geographic licenses, and then auctioning it 

would be best. This would have the benefit of adding more commercial spectrum under flexible license to the band, which would allow 

a portion of the significant unmet demand from Auction 73 to be 

met. This approach, of course, would require that the needs of public safety community be met through other means. My conclusions 

then still hold today. The D Block should be auctioned for unrestricted commercial uses and public safety’s needs should be directly funded. Consequently, I congratulate the subcommittee on 

the draft of the Public Safety Broadband Act of 2010 for the significant progress it makes in getting the D Block auctioned for commercial uses and directly addressing the issue of funding public 

safety networks. 

Forecasting spectrum license auction receipts is not for the faint 

of heart. Significant uncertainty about future wireless market conditions, as well as details of licensing and auction rules, requires 

that any forecasts of spectrum values and auction receipts have a 

wide confidence interval. Nevertheless, a good idea of spectrum 

value can be derived by observing recent sales, and adjusting for 

quality differences and changing market conditions. By my estimates, a well-structured competitive auction of the D Block could 

be expected to raise $3 billion to $4 billion in revenue. Such estimates assume a well-designed, unconstrained auction. Specifically, 

my calculations assume small licenses, no package bidding or open 

access obligations, and unrestricted entry in the auction. 

Dropping any of those assumptions would be expected to have a 

negative impact on auction revenues. I also want to say a brief 

word about the value of the discussion draft’s auction of 25 megahertz of the 1675 to 1710 band paired with the 2155, 2180 band. 

Without knowing the timing and cost of reallocating the federal 

users from the lower portion of the band, it is difficult to put a 

value on this pair of bands. Nevertheless, a reasonable, initial estimate for the value of the spectrum identified in the discussion 

draft would be around $7.5 billion for 50 megahertz paired. Combined with the D Block revenues the discussion draft identifies approximately $11 billion in revenue from spectrum auctions. 

I would also like to say a word about auctions of additional bands 

of spectrum. In addition to the 2 bands noted above, there are 

many more bands of radio spectrum that could potentially be licensed and auctioned. The National Broadband Plan identified several bands and there are others to consider as well. Decisions about 

specific allocations and pairing of spectrum band should consider 

the full set potential bands available for reallocation. Also, getting 

additional spectrum commercially licensed will benefit public safety 

in at least 2 ways. First, additional competition in the provision of 

mobile broadband services increases the potential partners for pubVerDate Mar 15 2010 03:43 Mar 06, 2013 Jkt 077915 PO 00000 Frm 00132 Fmt 6633 Sfmt 6633 E:\HR\OC\A915.XXX A915

rfrederick on DSK6VPTVN1PROD with HEARING
127 

lic safety reducing cost and increasing the range of services that 

they can use. Second, a better connected public is a safer public. 

Just as the proliferation of cell phones supports public safety’s mission, the increasing use of mobile broadband by the public will further enhance public safety community’s ability to respond to future 

emergencies. 

Finally, as a former Congressional Budget Office analyst, I would 

like to comment briefly on the scoring of revenue to fund public 

safety infrastructure and operations. The scorable value of any directed spectrum auction is only the increase in value from the legislation over the baseline revenue estimates from the sale of the 

spectrum. Consequently, the roughly $11 billion in potential auction receipts identified in the discussion draft will likely have a 

score of a few billion dollars less. Thank you. 

[The prepared statement of Mr. Bazelon follows:] 


rfrederick on DSK6VPTVN1PROD with HEARING
128 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 137 77915A.099
129 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 138 77915A.100
130 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 139 77915A.101
131 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 236 77915A.181
132 

Mr. BOUCHER. Thank you, Mr. Bazelon. Mr. Fontes. 

STATEMENT OF BRIAN FONTES 

Mr. FONTES. Good morning, Chairman Boucher, Ranking Member Stearns, members of the subcommittee. My name is Brian 

Fontes, and I am CEO of the National Emergency Number Association, NENA. NENA represents more than 7,000 dedicated 911 and 

emergency communications professionals who receive and manage 

nearly 250 million 911 calls annually. NENA members are the first 

link in he emergency response chain that so many Americans rely 

on every day. I would like to thank the House co-chairs of the Congressional 911 Caucus, both members of this subcommittee, Representatives Eshoo and Representative Shimkus, for their commitment to advancing 911 and emergency communication systems, 

most recently by introducing the Next Generation 911 Preservation 

Act of 2010, which NENA fully supports. 

NENA thanks the subcommittee for holding today’s hearings. It 

is fitting that the subcommittee is simultaneously addressing 911 

legislation and a draft bill to provide for a nationwide wireless public safety broadband network. The public must be able to rely on 

effective 911 and emergency response systems, and in the 

broadband world these two are joined. This requires the most technologically advanced 911 systems and access to high speed wireless 

broadband networks for emergency responders. The 2 pieces of legislation the subcommittee is addressing today have potential to improve our nation’s 911 and emergency communications capabilities. 

Millions of 911 calls are made every year by citizens who are increasingly utilizing innovative forms of voice, video, data services. 

Yet, today most 911 centers are primarily limited to voice only 

communications, and this is simply unacceptable. 

It is essential that we improve access to 911 for all Americans, 

especially for the deaf, hard of hearing, and individuals with 

speech disabilities who regularly communicate with non-traditional 

text, video, and instant messaging communication services, and 

who also expect that these services will be able to connect directly 

to 911. For all these reasons and more, it must be a national priority to foster the migration from 20th century 911 and emergency 

communication system into a broadband enabled IP emergency 

services model that embraces all voice, video, and data applications. The Next Generation 911 Preservation Act of 2010 will help 

foster this transition. This legislation builds upon and extends several elements in the Enhanced 911 Act of 2004, and will help accelerate the nationwide transition to Next Generation 911 systems. 

While we support the legislation, there are a few minor modifications, and I assure you they are just minor and we have already 

provided those recommendations to the staff for the co-sponsors as 

well as the committee, and we look forward to working with the 

committee on that. Also, while the current bill, as written, would 

place the leadership of the national 911 office within the National 

Telecommunication Information Administration. As Representative 

Eshoo said, we are aware that the co-sponsors of the bill have discussed making this office a joint program office by adding the administrator of the National Highway Traffic Safety Administration. 

This would essentially be a continuation of the current structure of 


rfrederick on DSK6VPTVN1PROD with HEARING
133 

the National 911 Office as established in the Enhanced 911 Act of 

2004. NENA would support this modification to the bill, and we 

look forward to working with the committee staff, and we thank 

you for your interest in this legislation. 

Now with respect to the discussion draft for the Public Safety 

Broadband Act of 2010, NENA has consistently encouraged the 

FCC and Congress to ensure that any actions taken provide at 

least the following. First, a public safety wireless broadband network or network of networks must be built nationwide. Second, 

funding for the nationwide wireless public safety broadband network basis both on a construction cap ex basis and maintenance op 

ex basis must be provided. The National Broadband Plan outlines 

several essential steps necessary to achieve a nationwide wireless 

public safety broadband network, including some issues that only 

Congress can address. First and foremost is the critical issue of 

funding, NENA’s number 1 priority in this debate. 

NENA urges Congress to address the draft legislation’s recommendations to make near term funding available for public safety broadband systems and to ensure that funds are available on a 

sustainable and annually recurring basis. Such action will ensure 

that broadband networks are built and maintained and effectively 

serving all areas of the country. With the release of the discussion 

draft this week, it is clear that you intend to do just that, to address public safety’s broadband funding needs. We thank you for 

releasing this draft discussion item, and we hope that it will do 

just that, generate discussion resulting in the establishment of a 

nationwide public safety broadband network and the funding to 

build and operate that network. We stand ready to work with you, 

the Commission, and our colleagues in public safety on this important issue. Thank you. 

[The prepared statement of Mr. Fontes follows:] 


rfrederick on DSK6VPTVN1PROD with HEARING
134 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 143 77915A.102
135 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 144 77915A.103
136 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 145 77915A.104
137 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 146 77915A.105
138 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 147 77915A.106
139 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 148 77915A.107
140 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 149 77915A.108
141 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 150 77915A.109
142 

Mr. BOUCHER. Thank you very much, Mr. Fontes. And thanks to 

all of our witnesses for being with us this morning and sharing 

your views on this matter. Mr. Barnett, I am going to being my 

questioning with you. The public safety community at the present 

time holds 10 megahertz in the 700 block that has been designated 

for broadband communications. Your analysis shows that that holding is sufficient for the broadband network and Mr. Dowd, Mr. 

Zipperstein and others have recommended that additional spectrum be provided to public safety for that purpose. So that we can 

get an empirical sense of whether the 10 megahertz is sufficient, 

I wonder if you have any numbers that shows the number of first 

responder users per megahertz at 10 megahertz as compared to the 

number of commercial users in the commercial 700 megahertz spectrum holding given the number of megahertz that is designated for 

commercial holders in the 700 megahertz block. Simply stated, 

would there be more public safety users in their megahertz or 

would there be more commercial users in the commercial block that 

is available? Do you happen to have those numbers? 

Admiral BARNETT. Mr. Chairman, I think what I can tell you is 

that per megahertz the commercial networks cover vastly more 

users than there will be users in the public safety spectrum, so the 

way that we calculated, and I think you may be referencing this 

in the capacity White Paper, there are about 2 million users in 

public safety or at least you could estimate that. There may be 

fewer at any particular time, 10 megahertz, so that is where we are 

considering there will be about 200,000 users per megahertz. 

Another way of looking at those on the commercial side there is 

about 547 megahertz across all the spectrum, and so when you do 

the divisional map that is about 530,000 users per megahertz. 

When you compare that to the 97 megahertz that public safety has 

across all spectrum, that is only about 21,000. So in some ways 

what you can think of this is that there are 25 times the number 

of users for commercial for megahertz than there are for, in essence, public safety users. 

Mr. BOUCHER. And so your conclusion from that is that public 

safety would have ample megahertz available with 10 megahertz 

devoted to broadband? 

Admiral BARNETT. Absolutely. For day-to-day and for most emergencies, and as we mentioned you can design scenarios where it 

will really stress any system, any system that I would design, any 

system that Chief Dowd would design, but that is why we did have 

the ability to roam over with priority access. 

Mr. BOUCHER. OK. Chief Dowd or Mr. Zipperstein, do you want 

to make any comment with regard to those numbers? 

Chief DOWD. Well, I guess my comment, Mr. Boucher, would be 

what relevance does it have to public safety? Public safety systems 

are used very differently than the commercial systems. We use our 

radio systems in a way that, quite frankly, if you are going to compare it to commercial usage is very inefficient. But you have to look 

at the criticality of the systems and what we are doing on them 

and what has to happen on them. You know, the FCC has issued 

a White Paper. You know, it only came out 48 hours ago, so we 

really haven’t had a chance to go into it in depth, but the City of 

New York filed a White Paper back in February with the FCC, 


rfrederick on DSK6VPTVN1PROD with HEARING
143 

and, you know, as public safety experts and having already built 

a broadband system in the City of New York and utilized some of 

the information from that system, we came to the conclusion clearly that 10 megahertz of spectrum is simply not enough for public 

safety. And that is not just in a large scale place. 

Mr. BOUCHER. OK. Thank you. My time is limited. I think we 

have the sense of your answer. Mr. Zipperstein, I will give you an 

opportunity very briefly if you want to add to that. 

Mr. ZIPPERSTEIN. I would simply say that commercial networks 

are more efficient but I completely agree with Chief Dowd that the 

average commercial user is using far less bandwidth than with the 

average public safety user in a broadband environment. AT&T has 

had very well-publicized problems with its network in San Francisco and New York as a result of very high bandwidth users. And 

in the public safety world—— 

Mr. BOUCHER. That is in the 3G network and we are merging 

into the era of 4G and LTE technology now which is the standard 

for public safety. That is really talking about a whole other generation. 

Mr. ZIPPERSTEIN. That is right, Mr. Chairman. 

Mr. BOUCHER. Let me come to—my time is limited. Public safety 

now has 10 megahertz dedicated to broadband. It has 12 megahertz 

dedicated to narrow band. All of that is in the 700 block. It has 2 

megahertz used as guard bands to protect from interference for a 

total of 24 megahertz. The 24 megahertz are all contiguous, so if, 

in fact, more megahertz than that has been assigned for broadband 

is needed for broadband, why not aggregate at least 22 out of the 

24 leaving a couple for guarding and simply have the voice function 

be delivered over VOIP data standard, which LTE is, and why 

would that not be a satisfactory means of providing more spectrum 

if, in fact, public safety feels like it needs it? Mr. Dowd, do you 

want to comment? 

Chief DOWD. Sure. The problem with that is that that plan was 

established several years ago, and that spectrum is dedicated at 

this time at least for land mobile radio systems, narrow band systems, which by the way is a mandate that exists from the FCC as 

far as certain agencies like the NYPD have—— 

Mr. BOUCHER. Let me just interject. We are looking at a 10-year 

time horizon to achieve all of this, and within that 10-year horizon 

why could you not migrate the narrow band offerings that you have 

on that 12 megahertz at the present time to broadband if, in fact, 

you need more megahertz for the broadband? 

Chief DOWD. Because the answer is we need it now. So we are 

looking at building a broadband network and an effective 

broadband network that has enough capacity to do what we need 

to do as we go into that new technology and these are things and 

information that we shared before. So if you are telling us to wait 

10 years for that spectrum, our answer is we really can’t. Maybe 

somebody else can wait 10 years, maybe the commercial side, if 

that ultimately becomes available because everybody ultimately migrates from land mobile radio to broadband. 

Mr. BOUCHER. Here is the other part of that question though. 

Why could you not even immediately with the 10 megahertz that 

you have deploy your broadband technology and then use VOIP as 


rfrederick on DSK6VPTVN1PROD with HEARING
144 

the means of offering the narrow band voice service over the 

broadband technology so you are using LTE data standard. You 

would use that for voice, video and data using the voice as a VOIP 

application. Why could you not do that? 

Chief DOWD. Well, because these things have not been perfected 

as mission critical capabilities. 

Mr. BOUCHER. You are saying VOIP is not? 

Chief DOWD. Yes. 

Mr. BOUCHER. Do you think VOIP is not sufficient for the kind 

of voice service you would need? 

Chief DOWD. Not at this point, no. 

Mr. BOUCHER. All right. Mr. Barnett, do you have any comment? 

Admiral BARNETT. Yes, sir. We do need to look over the horizon 

and I think that is what the concept of being flexible in the use 

of the narrow band. There are not many that are built out in the 

narrow band part of the 700 megahertz spectrum right now. We 

even got a letter from a chief of police in Sandy Springs, Georgia 

asking whether or not they might be able to do just that so we do 

need to look at for the near term and for that 10-year horizon 

whether or not public safety at its choice, at its option, could use 

some of that spectrum and we are thinking about how to pursue 

that. 

Mr. BOUCHER. All right. Thank you very much. My time has expired. The gentleman from Florida, Mr. Stearns, is recognized for 

his questions. Mr. Stearns has reminded me we have a series of recorded votes pending on the floor of the House, 3 votes in total. 

This will consume the better part of 15 to 20 minutes for us, and 

so we will ask your indulgence while we respond to those votes, 

and we will be back as soon as we can. 

[Recess.] 

Mr. BOUCHER. I would ask the witnesses if they could resume 

their places at the table. When we recessed, my questions had been 

posed to our witnesses, and I am pleased to recognize now the gentleman from Florida, Mr. Stearns, for his questions. 

Mr. STEARNS. Thank you, Mr. Chairman. If anybody didn’t completely answer your question, I would be glad to allow you any 

extra time because I think you had some very good questions. Is 

there anything that has to be resolved on your questions? 

Mr. BOUCHER. Well, thank you, Mr. Stearns. I guess at the moment it is just the two of us and so we are not impinging on anyone 

else’s time except our witnesses. I do have one other question that 

I will just take this opportunity to pose. Admiral Barnett, in your 

recommendations you had talked about priority access being provided to first responders over some additional 700 megahertz spectrums, and I wonder if you could be a little more specific about 

where else you would see that priority access pertaining, in other 

words, what other 700 megahertz spectrum would that apply to 

and whose hands would that be? And what does priority access actually mean? How would that work in practice? What are the circumstances under which it would apply and how would you see 

that impacting the commercial use of the spectrum to which it applies? 

Admiral BARNETT. Mr. Chairman, let me say first some of the 

things you are asking about still need to be worked out and it will 


rfrederick on DSK6VPTVN1PROD with HEARING
145 

be the subject of rulemaking where we will get input from public 

safety and from industry as well. Certainly we look at priority access and roaming onto the D Block. We would think that that 

would need to be something that would be a condition on the sale 

of the D Block, as well as creating devices that would see both the 

D Block and the public safety spectrum. We would also see, and we 

have looked at how this would happen is roaming over onto, in essence, Verizon, AT&T and others carriers in the 700 megahertz, so 

that, in essence, public safety would have its choice. It could contract with the D Block licensee for roaming and priority access. It 

could contract with all of them for that. It basically provides as 

much choice as possible. 

Mr. BOUCHER. That would be on a contractual basis? 

Admiral BARNETT. Yes, sir. And the way that this works is that 

there would also be compensation. Carriers would be compensated 

for it. We would think that that would need to be at the most favored customer level. That is why we do think that there needs to 

be a look at how the cost of operating the network will be very important. 

Mr. BOUCHER. Just to clarify. You are proposing that on a purely 

voluntary basis, not a mandatory basis? 

Admiral BARNETT. It would be mandatory on the carrier if public 

safety wants to contract with that particular carrier. That is the 

way we are looking at it so that it becomes public safety’s choice 

on that. If public safety wants to contract with them then the carrier would need to provide that. 

Mr. BOUCHER. And the terms of the contract would specify the 

compensation that would be provided and possibly other terms of 

service? 

Admiral BARNETT. Yes, sir. 

Mr. BOUCHER. There would be no choice but to enter into the 

contract. 

Admiral BARNETT. Yes, sir. That would be a requirement and we 

think that that is reasonable. One of the things that LTE will offer 

is 15 levels of priority service, and so the things that have—and 

it is not the old circuit switch technology. As soon as public safety 

accesses the network the packets begin to flow and they get first 

in line privileges. The same would be true for 911 calls. And so it 

is not that you are cutting off any calls on all the rest of the network at that point so, you know, my kids or something like that 

playing video games, that performance goes down so that the performance of the public safety cost and the 911 cost would go up. 

Mr. BOUCHER. All right. Thank you very much. Thank you, Mr. 

Stearns. You are recognized for your questions. 

Mr. STEARNS. Thank you, Mr. Chairman. I request unanimous 

consent to submit for the record a letter that 16 members of this 

committee from both sides of the aisle sent to the FCC in June, 

2007 warning that a harmful condition would hurt the 700 megahertz auction, a prediction that came true. 

Mr. BOUCHER. Without objection. 

[The information appears at the conclusion of the hearing.] 

Mr. STEARNS. This is a question for Mr. Bazelon and Mr. 

Zipperstein. I know you list as your first choice auctioning off the 

D Block and funding the public safety network through the proVerDate Mar 15 2010 03:43 Mar 06, 2013 Jkt 077915 PO 00000 Frm 00151 Fmt 6633 Sfmt 6633 E:\HR\OC\A915.XXX A915

rfrederick on DSK6VPTVN1PROD with HEARING
146 

ceeds. There has been lots of talk by the FCC about debt neutrality, imposing that. If that was implemented by the FCC as part 

of the auction and other conditions, would that reduce the proceeds 

of the auction? Mr. Zipperstein, first. 

Mr. ZIPPERSTEIN. Yes. It is fair to say that any time spectrum is 

encumbered with conditions that the likely revenue to be gained by 

the Treasury will be lower than spectrum auction free and clear of 

any conditions. 

Mr. STEARNS. And the conditions besides network neutrality, 

what other conditions do you think which would be harmful? 

Mr. ZIPPERSTEIN. Well, for example, in the first attempt to auction the D Block back in 2008 there were a number of conditions 

that had nothing to do with network neutrality, conditions on the 

winner in terms of building a public safety network, those sorts of 

things. And we had over 250 rounds of bidding in that auction. 

There was only one bid for the D Block, and it was less than half 

of the reserve price. 

Mr. STEARNS. Mr. Bazelon. 

Mr. BAZELON. I agree that in general when you reduce the returns to investment, the investment is worth less, and if net neutrality regulations are applied to the wireless sector and it reduces 

the returns to the network operators they are going to pay less for 

the spectrum for the privilege in the first place. 

Mr. STEARNS. Mr. Barnett, are there any comments you would 

like to add? 

Admiral BARNETT. Mr. Stearns, I am not your expert on auctions 

and their proceeds. The main thing that I think we focused on and 

my particular is on the interoperability making sure that it is nationwide. 

Mr. STEARNS. OK. Admiral Barnett and Mr. Hatfield, if we auction the D Block rather than dedicate it to public safety, how much 

faster and how much more cheaply can we deploy interoperable 

broadband public safety networks to cover the entire country? 

Mr. HATFIELD. Let me make sure I understood your question. 

Was it—— 

Mr. STEARNS. If we auction the D Block rather than just allocate 

it to public safety, it is a question of cost and deployment. How 

much faster and how much more cheaply can we deploy this public 

safety network across the country? 

Mr. HATFIELD. I am not sure I can quantify it for you, but I do 

think that we are at a unique period of time here where the commercial networks are building out their LTE networks, and if we 

can piggyback on that and build at the same time, I think that 

there is substantial economies. I am not sure I can quantify it for 

you. 

Mr. STEARNS. Admiral. 

Admiral BARNETT. And I would just add to that if the D Block 

is reallocated it really destroys the commercial markets for the 

equipment. It makes the network more expensive to build and for 

public safety to operate it and get their own devices. For that reason we think that it would really be destructive on both a nationwide system and of an interoperable system. 

Mr. STEARNS. This is a question for the entire panel I was asking 

the staff. Is there any country that has deployed through the 


rfrederick on DSK6VPTVN1PROD with HEARING
147 

broadband this type of interoperable broadband public safety network, and to our knowledge no one has done it. Does anyone on the 

panel know of any country that has done it? 

Admiral BARNETT. I am not aware of anyone and certainly not 

in 4G. 

Mr. STEARNS. But in maybe less than 4G? 

Admiral BARNETT. Well, there are countries that have national 

police forces that have the advantage of having interoperable networks. I am not positive that those have made the leap to 

broadband yet. I don’t know that. 

Mr. STEARNS. OK. Well, I thought that was interesting that the 

fact that no one else had done it so possibly we would be the first. 

Chief Dowd, we appreciate your being here and everything you are 

doing. I have not talked to Peter King about his bill. I shall do 

that. I think the question that perhaps I would have because I 

think we all share the same goal, and I thank you for your opening 

statement. The problem is that legislation providing for direct 

grant of the spectrum it appears is not likely to make it we mark 

up this bill, that is not what we are looking at. Mr. King, Mr. Boucher and I should probably talk to him to see if there is any way 

we could discuss further dimensions of his bill. But if you and your 

illustrious peers decide that this is not the right way to go, it would 

be unfortunate because we would like your support. So I guess in 

a larger sense if you make a position that you are not supporting, 

which I think the majority on this panel and in this subcommittee, 

then that would not be good. 

So I guess I am reaching out to you that you might want to think 

about a fall back position so that we all move together here on a 

bipartisan fashion. Have you perhaps any ideas perhaps realizing 

that we would like your support? That is probably an observation 

rather than a question. 

Chief DOWD. Yes. Let me see if I can respond to that. We have 

studied this from every different angle, and when we look at the 

FCC’s plan, we have only looked at it superficially so far because 

again it has only been out for 48 hours, but one of the things we 

keep hearing, I think, here from a public safety perspective is the 

notion or the concern that by doing this we are preventing public 

safety from having a broadband network. And our contention is 

that by doing what we are doing, we are establishing the necessary 

requirements to build a viable public safety network. You can’t be 

in a situation where you are constantly comparing, and I keep 

hearing this, constantly comparing usage on the different types of 

networks, commercial compared to public safety, and say that those 

comparisons somehow invalidate public safety’s needs. They simply 

don’t. 

Commercial networks are built as for-profit networks. They try 

to maximize usage of the spectrum. Now we already on a number 

of occasions presented alternatives to members of this committee 

and to the FCC specifically that we feel would be far more efficient 

than our normal usage of spectrum. In the broadband technology 

those capabilities clearly are there, and we have discussed those 

and described those, and we are open to those flexibilities. Some 

of the flexibilities we see in your bill we are supportive of. But we 

just at the core of it can’t get past the point that 10 megahertz of 


rfrederick on DSK6VPTVN1PROD with HEARING
148 

spectrum is just not going to be sufficient for our needs on an 

emergency basis and for that guaranteed delivery of information 

that we have to have which is different from the philosophy in commercial networks. 

And, if I could, just very quickly, you know, our position is and 

always will be that we cannot rely on commercial networks for mission critical work. Every experience we have ever have tells us that 

those systems will fail before our system were to fail. So we just 

don’t see that as a realistic alternative. 

Mr. STEARNS. So in your likelihood what happens is if we followed your path and you had this spectrum then you would rent 

it out? What do you feel the next step would be? 

Chief DOWD. Well, again, in trying to come up with solutions that 

we believe will be efficient but also accomplish the primary mission, don’t forget the first and foremost mission of this is to be a 

viable public safety communications network, so we are looking to 

do not just data and video and all that stuff. We also want to do 

voice on this. We want to migrate into this highly efficient technology but always at the level of service that we would require. 

Would we allow for it or do we think the idea or the flexibility of 

allowing for the leasing on a secondary basis? As James just mentioned, there was an LTE that was 15 levels of priority. Could you 

allow for usage on a commercial basis to offset costs of the public 

safety network? Sure, you could. 

We have already talked to utilities that are very attractive to the 

idea because they would love to be on a system that is more hardened than the commercial networks which could give them on a 

secondary basis access to a public safety network. In an emergency, 

I will give you a quick example of it. Recently, in New York City 

we had a tremendous weather storm which was like a hurricane—— 

Mr. STEARNS. My time has expired, so I appreciate it. I guess the 

question would be where are you going to get the money to even 

do the initial construct afterwards. But my time has expired. 

Thank you, Mr. Chairman. 

Mr. BOUCHER. Thank you very much, Mr. Stearns. The gentleman from Illinois, Mr. Rush, is recognized for 5 minutes. 

Mr. RUSH. I want to thank you, Mr. Chairman. And, Mr. Chairman, first of all, let me ask unanimous consent that 2 letters from 

the National Governors Association that they be admitted into the 

record. 

Mr. BOUCHER. Without objection. 

[The information appears at the conclusion of the hearing.] 

Mr. RUSH. Mr. Chairman, I really do feel like I am swimming upstream. In this situation I have listened to all the testimony. This 

situation kind of reminds me of a time when I was in the 5th grade 

and we had had a course—my teachers at the time were very enthusiastic about the Constitution and the Declaration of Independence and how everybody was equal and equality was the subject. 

So I was full of it and I went home, and my mother asked me to 

do something and we got in a little spat. I told my mother, I said, 

well, mom, I am equal. I have equal status in this household. And 

she said, yes, you do, but I am more equal than you. Chief Dowd, 

there is a lot of equality and everybody’s opinion is respected here, 


rfrederick on DSK6VPTVN1PROD with HEARING
149 

but I have to say you are a little bit more equal than the others 

simply because you have the experience and we are looking to you 

to ensure that whatever kind of crisis that we might be faced with, 

the American people, that you have the sufficient resources and 

equipment to make sure that the emergency, that you are able to 

manipulate it and control it and to keep as many Americans alive 

as you possibly can, so to me you are a little more equal than the 

rest of the other panelists. 

And I just got to ask you just a couple of questions here. I understand that New York had to pay a fee to roam on a commercial carrier network. Is that true that you pay roaming fees in New York? 

Chief DOWD. Are we currently paying roaming fees? 

Mr. RUSH. Yes. 

Chief DOWD. We are paying fees for commercial services on 

broadband right now. 

Mr. RUSH. Does it impose a condition on D Block spectrum for 

enrollment fee charges to first responders? 

Chief DOWD. Well, again, you know, the logic of it to us is we are 

going to build our own system then why would we also want to pay 

for broadband services especially on networks that we are deeply 

reluctant to rely on, so it doesn’t make a whole lot of sense to us. 

Mr. RUSH. All right. I understand that FCC, and it has been testified about the 48-hour release of their White Paper concluded 

that 10 megahertz of broadband safety spectrum is sufficient for 

day-to-day operations. Yet I do have a FCC document filed by Motorola that shows something to the contrary. And, Mr. Chairman, 

I want to ask unanimous consent that this document be entered 

into the record also. 

Mr. BOUCHER. Without objection. 

[The information appears at the conclusion of the hearing.] 

Mr. RUSH. Do you agree with the FCC that 10 megahertz is sufficient for day-to-day operations? 

Chief DOWD. No, we don’t. And we base on that our analysis of 

it with the White Paper that we submitted to the FCC which shows 

actually usage and estimates of usage of broadband capabilities in 

the future which clearly show us at concentrated incidents which 

happen on a regular basis, and some of them are high profile and 

you hear about them like plane crashes and such, and others that 

you don’t hear about that happen every day. And our analysis 

clearly indicates to us that that 10 is simply not going to be 

enough. Just because there is a situation in Times Square where 

there is a very high profile incident where there is an explosive device doesn’t mean that we don’t respond to those types of things 

every day. And, you know what, thankfully most of them turn out 

to be nothing. An unattended bag in the subway system, it ends 

up being somebody’s dirty laundry, but you don’t know that until 

you take all the steps necessary to determine that, and to do that 

you need the communications capabilities to make those determinations. 

Mr. RUSH. On the issue of priority access it merely puts public 

safety at the head of the line but does not guarantee. Now that is 

important to me. It does not guarantee that they can get on the 

system that is already clogged with consumer traffic, a situation 

that routinely occurs at the scene of a lot of emergencies across the 


rfrederick on DSK6VPTVN1PROD with HEARING
150 

country. And I guess this issue has been addressed with a preemption clause, and pre-emption would guarantee that access will 

require kicking consumers off the network in order for first responders to get access to the network. Do you support pre-empting 

consumer use to guarantee public safety access and how would that 

work and how viable is that? 

Chief DOWD. Well, that is the problem because there is a couple 

of issues there. Number 1 is clearly you are correct in our view in 

public safety that you need pre-emptive access to the spectrum. 

Next in line or first in queue is not sufficient for us to do the work 

that we have to do, but the problem is that again commercial systems are not built to the same standards that public safety communications are built to. They don’t have the same survivability, the 

same backups, the same redundancies. You know, it is cost prohibitive for them and we understand that. They are in business to 

make money. We don’t build that way. We build to a very different 

standard, so the problem is that even if you had pre-emptive access 

on commercial systems it doesn’t mean that the system is going to 

be viable. 

And our experience is that if our systems get strained or our systems become overwhelmed or start to run into difficulties that has 

already happened to the commercial systems. Ours survive longer 

than theirs do. 

Mr. RUSH. Maybe, Mr. Barnett, maybe you can answer this question for me. If commercial carriers are unable to provide priority 

access because the systems are overloaded, who is liable if the system is not available with the public safety operatives need it the 

most? Who is liable? Who assumes the liability for that? 

Admiral BARNETT. I am not positive I can address your liability 

question on that, but it is why we designed our proposal so that 

public safety would have the core 10 megahertz. Nobody else can 

use that. They can manage that spectrum however they want to. 

So the key question here is, and where Chief Dowd and I have a 

slight disagreement, he would tell you that 10 megahertz is not 

enough and I would tell you on some days, on those bad emergency 

days, 20 megahertz is not going to be enough. They are going to 

need to be able to roam over, and that is exactly why I cited the 

outage of the public safety voice system in the District of Columbia. 

They were out of business because they couldn’t roam over onto 

other networks, and if those networks had been available and the 

FCC plan had been available to them, they could roam over to 1, 

2, 3, 4, any other network. It is a tremendous amount of redundancy that reallocating the D Block alone does not provide. 

Mr. RUSH. Well, maybe Mr. Hatfield can—I had one more question. 

Mr. BOUCHER. OK. Mr. Rush, we have a series of votes coming. 

Mr. RUSH. I have just one more question and this is a very simple question. Mr. Hatfield, in your opinion is 10 megahertz enough 

for public safety officials? 

Mr. HATFIELD. If I could answer your question in this way. The 

advantage of cellular networks compared with when I started out 

in this business the public safety networks and the mobile telephone networks at the time use a very powerful transmitter that 

covered a whole area. Therefore, one conversation, there was only 


rfrederick on DSK6VPTVN1PROD with HEARING
151 

200,000 subscribers in the country at that time, and the reason you 

couldn’t have many more, one of the major reasons is that one conversation would take up the spectrum in a whole region. The whole 

notion of the cellular concept is that you shorten up the range of 

each transmission. So that, for example, a conversation here in this 

room could be used—that same frequency could be used over at the 

Capitol Building and over on the Senate side. That same spectrum 

can be reused over and over. 

So a lot of this debate that you are hearing here concerns how 

much we use the spectrum. And so is it enough? Just having the 

size of the cell quadruples the capacity, so this is in some ways, 

you see, an economic issue. In other words, you take New York 

City, if they need more capacity, you do exactly what the cellular 

carriers have done and that is to divide their geographic areas 

more finely. And I believe it is correct that the FCC studies show 

that the amount of frequency we use, being proposed and being 

used in traditional public safety, is much, much less than what the 

commercial users provide. So to me Congress here has sort of a 

trade off here. If you can get more capacity for a public safety system by making it look more commercial with more sites or you can 

say, no, no, we will just hand you the spectrum without paying for 

it. And that is basically the trade off. That is basically the trade 

off that is going on here. To go back to your question, you can get 

more spectrum by dividing the cells down, cutting it in half, quadruples, roughly speaking, quadruples the amount of capacity. 

Mr. BOUCHER. Mr. Rush, thank you very much. Thanks to all of 

our witnesses. We appreciate your attendance here this morning. 

This has been a highly informative session certainly for me. I think 

the other members would say the same. And we may actually have 

some follow-up questions that we want to propound to you, so without objection the record of this hearing is going to remain open for 

a period of 2 weeks while members propound to you questions. 

When you get those, if you could answer them expeditiously, we 

would appreciate that. Thanks for your attendance today, and this 

hearing stands adjourned. 

[Whereupon, at 12:45 p.m., the Subcommittee was adjourned.] 

[Material submitted for inclusion in the record follows:] 


rfrederick on DSK6VPTVN1PROD with HEARING
152 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 165 77915A.110
153 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 166 77915A.111
154 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 167 77915A.112
155 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 168 77915A.113
156 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 169 77915A.114
157 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 170 77915A.115
158 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 171 77915A.116
159 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 172 77915A.117
160 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 173 77915A.118
161 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 174 77915A.119
162 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 175 77915A.120
163 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 176 77915A.121
164 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 177 77915A.122
165 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 178 77915A.123
166 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 179 77915A.124
167 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 180 77915A.125
168 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 181 77915A.126
169 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 182 77915A.127
170 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 183 77915A.128
171 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 184 77915A.129
172 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 185 77915A.130
173 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 186 77915A.131
174 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 187 77915A.132
175 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 188 77915A.133
176 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 189 77915A.134
177 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 190 77915A.135
178 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 191 77915A.136
179 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 192 77915A.137
180 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 193 77915A.138
181 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 194 77915A.139
182 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 195 77915A.140
183 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 196 77915A.141
184 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 197 77915A.142
185 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 198 77915A.143
186 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 199 77915A.144
187 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 200 77915A.145
188 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 201 77915A.146
189 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 202 77915A.147
190 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 203 77915A.148
191 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 204 77915A.149
192 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 205 77915A.150
193 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 206 77915A.151
194 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 207 77915A.152
195 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 208 77915A.153
196 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 209 77915A.154
197 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 210 77915A.155
198 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 211 77915A.156
199 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 212 77915A.157
200 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 213 77915A.158
201 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 214 77915A.159
202 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 215 77915A.160
203 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 216 77915A.161
204 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 217 77915A.162
205 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 218 77915A.163
206 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 219 77915A.164
207 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 220 77915A.165
208 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 221 77915A.166
209 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 222 77915A.167
210 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 223 77915A.168
211 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 224 77915A.169
212 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 225 77915A.170
213 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 226 77915A.171
214 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 227 77915A.172
215 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 228 77915A.173
216 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 229 77915A.174
217 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 230 77915A.175
218 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 231 77915A.176
219 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 232 77915A.177
220 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 233 77915A.178
221 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 234 77915A.179
222 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert graphic folio 235 77915A.180