II 

112TH CONGRESS 

1ST SESSION S. 28 

To amend the Communications Act of 1934 to provide public safety providers 

an additional 10 megahertz of spectrum to support a national, interoperable wireless broadband network and authorize the Federal Communications Commission to hold incentive auctions to provide funding to support 

such a network, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mr. ROCKEFELLER (for himself, Mr. LAUTENBERG, Mr. NELSON of Florida, 

Ms. KLOBUCHAR, Mr. CARDIN, and Mr. HARKIN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend the Communications Act of 1934 to provide public 

safety providers an additional 10 megahertz of spectrum 

to support a national, interoperable wireless broadband 

network and authorize the Federal Communications 

Commission to hold incentive auctions to provide funding 

to support such a network, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Public Safety Spectrum and Wireless Innovation Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—NATIONWIDE INTEROPERABLE PUBLIC SAFETY 

BROADBAND NETWORK 

Sec. 101. Establishment of network. 

Sec. 102. Reallocation of D block to public safety. 

Sec. 103. Flexible use of narrowband spectrum. 

Sec. 104. Secondary use of public safety spectrum. 

Sec. 105. Interoperability. 

Sec. 106. Commercial network roaming and priority access. 

Sec. 107. Advisory board. 

TITLE II—FUNDING 

Sec. 201. Establishment of funds. 

Sec. 202. Public safety interoperable broadband network construction. 

Sec. 203. Public safety interoperable broadband maintenance and operation. 

Sec. 204. Incentive spectrum auction authority. 

Sec. 205. Report on efficient use of public safety spectrum. 

Sec. 206. GAO report on satellite broadband. 

Sec. 207. Access to GSA schedules. 

Sec. 208. Federal infrastructure sharing. 

Sec. 209. Audits. 

Sec. 210. Antidiversion prohibition. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) 700 MHZ BAND.—The term ‘‘700 MHz 

6 band’’ means the portion of the electromagnetic 

7 spectrum between the frequencies from 698 mega8 hertz to 806 megahertz. 

9 (2) 700 MHZ D BLOCK SPECTRUM.—The term 

10 ‘‘700 MHz D block spectrum’’ means the portion of 

11 the electromagnetic spectrum between the fre12 quencies from 758 megahertz to 763 megahertz and 

13 between the frequencies from 788 megahertz to 793 

14 megahertz. 


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1 (3) ASSISTANT SECRETARY.—The term ‘‘Assist2 ant Secretary’’ means the Assistant Secretary of 

3 Commerce for Communications and Information. 

4 (4) COMMMISSION.—The term ‘‘Commission’’ 

5 means the Federal Communications Commission. 

6 (5) CONSTRUCTION FUND.—The term ‘‘con7 struction fund’’ means the fund established in sec8 tion 201(a)(1)(A). 

9 (6) EXISTING PUBLIC SAFETY BROADBAND

10 SPECTRUM.—The term ‘‘existing public safety 

11 broadband spectrum’’ means the portion of the elec12 tromagnetic spectrum between the frequencies from 

13 763 megahertz to 768 megahertz and between the 

14 frequencies from 793 megahertz to 798 megahertz. 

15 (7) MAINTENANCE AND OPERATION FUND.— 

16 The term ‘‘maintenance and operation fund’’ means 

17 the fund established in section 201(a)(2)(A). 

18 (8) NARROWBAND SPECTRUM.—The term 

19 ‘‘narrowband spectrum’’ means the portion of the 

20 electromagnetic spectrum between the frequencies 

21 from 769 megahertz to 775 megahertz and between 

22 the frequencies from 799 megahertz to 805 mega23 hertz. 


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1 (9) NTIA.—The term ‘‘NTIA’’ means the Na2 tional Telecommunications and Information Admin3 istration. 

4 TITLE I—NATIONWIDE INTER5 OPERABLE PUBLIC SAFETY 

6 BROADBAND NETWORK 

7 SEC. 101. ESTABLISHMENT OF NETWORK. 

8 (a) IN GENERAL.—The Commission shall take all ac9 tions necessary to ensure the deployment of a nationwide 

10 public safety interoperable broadband network in the 700 

11 MHz band, including— 

12 (1) developing and implementing nationwide 

13 technical and operational requirements for the net14 work; 

15 (2) adopting any rules necessary to achieve 

16 interoperability in the network; and 

17 (3) adopting user authentication and encryption 

18 requirements for the network. 

19 (b) COVERAGE.—The Commission shall ensure that 

20 the network is deployed and interoperable in rural, as well 

21 as urban, areas, including necessary build out of commu22 nications infrastructure in rural areas to accommodate 

23 network access and functionality. 

24 SEC. 102. REALLOCATION OF D BLOCK TO PUBLIC SAFETY. 

25 (a) REALLOCATION OF D BLOCK.— 


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1 (1) IN GENERAL.—The Commission shall reallo2 cate the 700 MHz D block spectrum for use by pub3 lic safety entities in accordance with the provisions 

4 of this Act. 

5 (2) SPECTRUM ALLOCATION.—Section 337(a) 

6 of the Communications Act of 1934 (47 U.S.C. 

7 337(a)) is amended— 

8 (A) by striking ‘‘24’’ in paragraph (1) and 

9 inserting ‘‘34’’; and 

10 (B) by striking ‘‘36’’ in paragraph (2) and 

11 inserting ‘‘26’’. 

12 (b) INTEGRATION WITH EXISTING PUBLIC SAFETY

13 BROADBAND SPECTRUM.—The Commission shall— 

14 (1) determine the licensing for the 700 MHz D 

15 block spectrum reallocated under section 337 of the 

16 Communications Act of 1934 (47 U.S.C. 337), as 

17 amended by subsection (a); 

18 (2) determine how best to integrate the 700 

19 MHz D block spectrum reallocated with the existing 

20 public safety spectrum; and 

21 (3) determine whether the 20 megahertz of 

22 public safety broadband spectrum should be licensed 

23 on a nationwide, regional, or statewide basis, or 

24 some combination thereof, in accordance with the 

25 public interest. 


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1 SEC. 103. FLEXIBLE USE OF NARROWBAND SPECTRUM. 

2 The Commission shall allow the narrowband spec3 trum to be used in a flexible manner, including usage for 

4 public safety broadband communications, subject to such 

5 technical and interference protection measures as the 

6 Commission may require. 

7 SEC. 104. SECONDARY USE OF PUBLIC SAFETY SPECTRUM. 

8 (a) IN GENERAL.—Notwithstanding section 337 of 

9 the Communications Act of 1934 (47 U.S.C. 337), the 

10 Commission may authorize any public safety licensee or 

11 licensees to allow access to spectrum licensed to such li12 censee or licensees to non-public safety governmental 

13 users, commercial users, utilities, including organizations 

14 providing or operating critical infrastructure, including 

15 electric, gas, and water utilities, and other Federal agen16 cies and departments. 

17 (b) LIMITATIONS AND CONDITIONS.—The Commis18 sion shall— 

19 (1) authorize the provision of access to such 

20 spectrum only on a secondary basis; 

21 (2) require secondary access agreements to be 

22 in writing and to be submitted to the Commission 

23 for review and approval; 

24 (3) require that the public safety entity retain 

25 the right to use any such spectrum on a primary, 

26 preemptible basis; 


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1 (4) consider whether it is in the public interest 

2 to require multiple secondary leases per licensee; and 

3 (5) require that all funds received from such 

4 secondary access pursuant to such written agree5 ments be reinvested in the public safety interoper6 able broadband network by using such funds only 

7 for constructing, maintaining, improving, or pur8 chasing equipment to be used in conjunction with 

9 the network, by deposit into the Maintenance and 

10 Operation Fund established by section 201 or other11 wise. 

12 SEC. 105. INTEROPERABILITY. 

13 (a) IN GENERAL.—The Commission shall ensure that 

14 the nationwide public safety broadband network is fully 

15 interoperable on a nationwide basis. 

16 (b) TECHNICAL AND OPERATIONAL RULES.— 

17 (1) INSURING INTEROPERABILITY.—The Com18 mission shall establish technical and operational 

19 rules to ensure nationwide interoperability, including 

20 rules that— 

21 (A) establish requirements for nationwide 

22 roaming ability among any licensee, licensees, 

23 lessees, and secondary users; 

24 (B) will ensure the safety of State 

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1 quirements for protecting and monitoring the 

2 network to protect against cyber-attack; 

3 (C) will promote competition in the device 

4 market for public safety communications by re5 quiring devices for use on a public safety net6 work to be— 

7 (i) built to open standards; 

8 (ii) capable of being used by any ven9 dor and across all public safety systems; 

10 and 

11 (iii) backward-compatible with exist12 ing second and third generation commer13 cial networks; 

14 (D) authorize public safety entities to exe15 cute partnerships with other public or private 

16 entities to build or operate the State’s public 

17 safety broadband network; 

18 (E) encourage public safety entities to uti19 lize, to the greatest extent possible, existing 

20 commercial, State, or Federal Government in21 frastructure; 

22 (F) will ensure that the interoperability 

23 plan includes integration with 9–1–1 call cen24 ters; and 


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1 (G) require any licensee or licensees to file 

2 annual reports on— 

3 (i) the status of public safety 

4 broadband network construction and inter5 operability; and 

6 (ii) the status and deployment of ex7 isting public safety broadband and 

8 narrowband systems. 

9 (2) FACTORS TO BE CONSIDERED.—In carrying 

10 out paragraph (1), the Commission shall, at a min11 imum, consider— 

12 (A) the extent to which particular tech13 nologies and user equipment are, or are likely 

14 to be, available in the commercial marketplace; 

15 (B) the availability of necessary tech16 nologies and equipment on reasonable and non17 discriminatory licensing terms; and 

18 (C) the ability of particular technologies 

19 and equipment— 

20 (i) to evolve with technological devel21 opments in the commercial marketplace; 

22 and 

23 (ii) to accommodate prioritization for 

24 public safety transmissions. 

25 (c) RFP STANDARDS.— 


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1 (1) IN GENERAL.—The Commission shall estab2 lish procedural and substantive requirements for re3 quests for proposals related to the nationwide public 

4 safety broadband network that— 

5 (A) require such requests to meet the tech6 nical requirements under subsection (b) that 

7 ensure interoperability of the broadband net8 work to which it relates and ensure that noth9 ing will interfere with such interoperability; 

10 (B) limit the authority for issuing such re11 quests to States or multi-State organizations, 

12 except to the extent delegated to an agency or 

13 political subdivision; 

14 (C) will ensure that the request-for-pro15 posals process is open, transparent, and com16 petitive; 

17 (D) require any such request— 

18 (i) to be issued on a Statewide or 

19 multi-State basis and to be coordinated 

20 with the appropriate State chief executive 

21 or the executive’s designee; 

22 (ii) to demonstrate that the State has 

23 a plan for interoperability, with provision 

24 for both urban and rural build out; and 


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1 (iii) to cover any necessary relocation 

2 of incumbent narrowband operations in the 

3 existing public safety broadband spectrum; 

4 (E) authorize States to issue requests for 

5 proposals that will build on a State broadband 

6 network; and 

7 (F) require the term of any contract under 

8 the process to be reasonable and, in any event, 

9 for less than the term of the underlying license. 

10 (2) MODEL RFPS.—The Commission may en11 courage the use of the requests-for-proposal model 

12 or form developed by the Government Accountability 

13 Office under section 207 of this Act. 

14 (d) RURAL BUILD OUT REQUIREMENTS.—The Com15 mission shall— 

16 (1) establish rural build out targets for the pub17 lic safety broadband network, including targets for 

18 States or smaller areas; 

19 (2) require contracts awarded through the re20 quest-for-proposals process in connection with the 

21 network to include deployment phases with substan22 tial rural coverage milestones as part of each phase 

23 where appropriate; and 

24 (3) in collaboration with the Assistant Sec25 retary, make funding for each build out phase after 


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1 the first contingent on meeting build out targets for 

2 the preceding phase to the extent feasible. 

3 (e) DEVELOPMENT AND MAINTENANCE OF INTER4 OPERABILITY, SECURITY, AND FUNCTIONALITY STAND5 ARDS.—The Commission and through agreements exe6 cuted with the National Institute of Standards and Tech7 nology, shall develop, maintain, and update such require8 ments and standards as may be necessary to ensure inter9 operability, security, and functionality. 

10 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Commission, for 

12 use by the Emergency Response and Interoperability Cen13 ter in carrying out its responsibilities under this Act, 

14 $5,500,000 for each of fiscal years 2013 through 2018. 

15 SEC. 106. COMMERCIAL NETWORK ROAMING AND PRIORITY 

16 ACCESS. 

17 The Commission may adopt rules, if necessary in the 

18 public interest, to improve the ability of public safety net19 works to roam onto commercial networks and to gain pri20 ority access to commercial networks in an emergency if— 

21 (1) the public safety entity equipment is tech22 nically compatible with the commercial network; 

23 (2) the commercial network is reasonably com24 pensated; and 

25 (3) it is consistent with the public interest. 


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1 SEC. 107. PUBLIC SAFETY ADVISORY BOARD. 

2 (a) IN GENERAL.—Not later than 90 days after the 

3 date of enactment of this Act, the Commission shall estab4 lish a public safety advisory board to advise the Commis5 sion on— 

6 (1) carrying out its duties under section 101; 

7 and 

8 (2) the implementation of improvements to the 

9 public safety interoperable broadband network under 

10 that section. 

11 (b) COMPOSITION.—The Commission shall determine 

12 the composition of the advisory board, which shall include, 

13 at a minimum, representatives from each of the following: 

14 (1) State, local, and tribal governments. 

15 (2) Public safety organizations. 

16 (3) Providers of commercial mobile service. 

17 (4) Manufacturers of communications equip18 ment. 

19 (c) REPORTS.—The Commission shall consult with 

20 the advisory board on any study or report on public safety 

21 spectrum. 

22 (d) FACA INAPPLICABLE.—The Federal Advisory 

23 Committee Act (5 U.S.C. App.) shall not apply to the advi24 sory board. 

25 (e) TERMINATION.—The advisory board shall termi26 nate 10 years after the date of enactment of this Act. 


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1 TITLE II—FUNDING 

2 SEC. 201. ESTABLISHMENT OF FUNDS. 

3 (a) IN GENERAL.— 

4 (1) CONSTRUCTION FUND.— 

5 (A) ESTABLISHMENT.—There is estab6 lished in the Treasury of the United States a 

7 fund to be known as the Public Safety Inter8 operable Broadband Network Construction 

9 Fund. 

10 (B) PURPOSE.—The Assistant Secretary 

11 shall establish and administer the grant pro12 gram under section 202 using the funds depos13 ited in the Construction Fund. 

14 (C) CREDIT.— 

15 (i) BORROWING AUTHORITY.—The 

16 Assistant Secretary may borrow from the 

17 general fund of the Treasury beginning on 

18 October 1, 2011, such sums as may be 

19 necessary, but not to exceed 

20 $2,000,000,000, to implement section 202. 

21 (ii) REIMBURSEMENT.—The Secretary 

22 of the Treasury shall reimburse the general 

23 fund of the Treasury, without interest, for 

24 any amounts borrowed under clause (i) as 

25 funds are deposited into the Construction 


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1 Fund, but in no case later than December 

2 31, 2015. 

3 (2) MAINTENANCE AND OPERATION FUND.— 

4 (A) ESTABLISHMENT.—There is estab5 lished in the Treasury of the United States a 

6 fund to be known as the Public Safety Inter7 operable Broadband Network Maintenance and 

8 Operation Fund. 

9 (B) PURPOSE.—The Commission shall use 

10 the funds deposited in the Maintenance and Op11 eration Fund to carry out section 203. 

12 (b) TRANSFER OF FUNDS AT COMPLETION OF CON13 STRUCTION.—The Secretary of the Treasury shall transfer 

14 to the Maintenance and Operation Fund any funds re15 maining in the Construction Fund after the date of the 

16 completion of the construction phase, as determined by the 

17 Assistant Secretary. 

18 (c) TRANSFER OF FUNDS TO THE TREASURY.—The 

19 Secretary of the Treasury shall transfer to the general 

20 fund of the Treasury any funds remaining in the Mainte21 nance and Operation Fund after the end of the 10-year 

22 period that begins after the date of the completion of the 

23 construction phase, as determined by the Assistant Sec24 retary. 

25 (d) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) CONSTRUCTION FUND.—There are author2 ized to be appropriated to the Assistant Secretary 

3 for deposit in the Construction Fund in and after 

4 fiscal year 2013 such sums as necessary subject to 

5 paragraph (3). 

6 (2) MAINTENANCE AND OPERATION FUND.— 

7 There are authorized to be appropriated to the Com8 mission for deposit in the Maintenance and Oper9 ation Fund in and after fiscal year 2013 such sums 

10 as necessary subject to paragraph (3). 

11 (3) LIMITATION.—The authorization of appro12 priations under paragraphs (1) and (2) may not ex13 ceed a total of $11,000,000,000. 

14 SEC. 202. PUBLIC SAFETY INTEROPERABLE BROADBAND 

15 NETWORK CONSTRUCTION. 

16 (a) CONSTRUCTION GRANT PROGRAM ESTABLISH17 MENT.—The Assistant Secretary, in consultation with the 

18 Commission, shall take such action as is necessary to es19 tablish a grant program to assist public safety entities to 

20 establish a nationwide public safety interoperable 

21 broadband network in the 700 MHz band. 

22 (b) PROJECTS.—Grants may be made under this sec23 tion for the construction of a public safety interoperable 

24 broadband network, including improvement of existing 

25 commercial and noncommercial networks and facilities 


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1 and construction of new infrastructure to meet public safe2 ty requirements, as defined by the Commission, that oper3 ate as part of the public safety interoperable broadband 

4 network in the 700 MHz band. 

5 (c) MATCHING REQUIREMENTS.— 

6 (1) FEDERAL SHARE.— 

7 (A) IN GENERAL.—The Federal share of 

8 the cost of carrying out a project under this 

9 section may not exceed 80 percent of the eligi10 ble costs of carrying out a project, as deter11 mined by the Assistant Secretary in consulta12 tion with the Commission. 

13 (B) WAIVER.—The Assistant Secretary 

14 may waive, in whole or in part, the require15 ments of subparagraph (A) for good cause 

16 shown if it determines that such a waiver is in 

17 the public interest. 

18 (2) NON-FEDERAL SHARE.—The non-Federal 

19 share of the cost of carrying out a project under this 

20 section may be provided through an in-kind con21 tribution. 

22 (d) REQUIREMENTS.—Not later than 6 months after 

23 the date of enactment of this Act, the Assistant Secretary, 

24 in consultation with the Commission, shall establish grant 

25 program requirements including the following: 


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1 (1) Demonstrated compliance with applicable 

2 Commission request-for-proposal and license terms 

3 and service rules, including interoperability and 

4 technical rules, construction requirements, and sec5 ondary use rules. 

6 (2) Defining entities that are eligible to receive 

7 a grant under this section. 

8 (3) Defining eligible costs for purposes of sub9 section (c)(1). 

10 (4) Determining the scope of network infra11 structure eligible for grant funding under this sec12 tion. 

13 (5) Prioritizing grants for projects that ensure 

14 coverage in rural as well as urban areas. 

15 SEC. 203. PUBLIC SAFETY INTEROPERABLE BROADBAND 

16 MAINTENANCE AND OPERATION. 

17 (a) MAINTENANCE AND OPERATION REIMBURSE18 MENT PROGRAM.—The Commission shall administer a 

19 program through which not more than 50 percent of main20 tenance and operational expenses associated with the pub21 lic safety interoperable broadband network may be reim22 bursed from the Maintenance and Operation Fund for 

23 those expenses that are attributable to the maintenance, 

24 operation, and improvement of the public safety interoper25 able broadband network. 


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1 (b) REPORT.—Not later than 7 years after the date 

2 of enactment of this Act, the Commission shall submit to 

3 Congress a report on whether to continue to provide fund4 ing for the Maintenance and Operation Fund after the end 

5 of the 10-year period that begins after the date of the com6 pletion of the construction phase, as determined by the 

7 Assistant Secretary. 

8 SEC. 204. AUCTION OF SPECTRUM. 

9 (a) IN GENERAL.— 

10 (1) IDENTIFICATION OF SPECTRUM.—Not later 

11 than 1 year after the date of enactment of this Act, 

12 the Assistant Secretary shall identify, at a minimum, 

13 25 megahertz of contiguous spectrum at frequencies 

14 located between 1675 megahertz and 1710 mega15 hertz, inclusive, to be made available for immediate 

16 reallocation. 

17 (2) AUCTION.—Not later than January 31, 

18 2014, the Commission shall conduct the auction of 

19 the licenses, by commencing the bidding, for the fol20 lowing: 

21 (A) The spectrum between the frequencies 

22 of 2155 megahertz and 2180 megahertz, inclu23 sive. 

24 (B) The spectrum identified pursuant to 

25 paragraph (1). 


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1 (3) PROCEEDS.—The proceeds (including de2 posits and up front payments from successful bid3 ders) from the auction shall be deposited in the Con4 struction Fund. 

5 (b) INCENTIVE SPECTRUM AUCTION AUTHORITY.— 

6 (1) IN GENERAL.—Paragraph (8) of section 

7 309(j) of the Communications Act of 1934 (47 

8 U.S.C. 309(j)) is amended— 

9 (A) by striking ‘‘(B), (D), and (E),’’ in 

10 subparagraph (A) and inserting ‘‘(B), (D), (E), 

11 and (F),’’; and 

12 (B) by adding at the end thereof the fol13 lowing: 

14 ‘‘(F) INCENTIVE AUCTION AUTHORITY.— 

15 ‘‘(i) AUTHORITY.—The Commission 

16 may if the Commission determines that it 

17 is consistent with the public interest in uti18 lization of the spectrum for a licensee to 

19 relinquish voluntarily some or all of its li20 censed spectrum usage rights in order to 

21 permit the assignment of new initial li22 censes subject to new service rules, the 

23 Commission may disburse to that licensee 

24 a portion of the auction proceeds related to 

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1 mines, in its discretion, are attributable to 

2 the licensee’s relinquished spectrum usage. 

3 ‘‘(ii) PROCEEDS FOR FUNDS.—Not4 withstanding subparagraph (A), the pro5 ceeds (including deposits and up front pay6 ments from successful bidders) from the 

7 use of a competitive bidding system under 

8 this subsection with respect to relinquished 

9 spectrum, after deduction of any amounts 

10 disbursed to the relinquishing licensee, 

11 shall be deposited as follows: 

12 ‘‘(I) All proceeds less than or 

13 equal to $5,500,000,000 shall be de14 posited in the Construction Fund and 

15 shall be made available to the Assist16 ant Secretary without further appro17 priations. 

18 ‘‘(II) Any proceeds exceeding 

19 $5,500,000,000 shall be deposited in 

20 the Maintenance and Operation Fund 

21 and shall be made available to the 

22 Commission without further appro23 priations. 

24 ‘‘(III) Any proceeds exceeding 

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1 able, as provided by appropriation 

2 Acts, for growth-enhancing infrastruc3 ture projects, including the NextGen 

4 aviation navigation system, develop5 ment of high-speed rail transpor6 tation, and Smart Grid electrical 

7 power transmission and management 

8 technology.’’. 

9 (c) EXTENSION OF AUCTION AUTHORITY.—Section 

10 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 

11 309(j)(11)) is amended by striking ‘‘2012’’ and inserting 

12 ‘‘2020’’. 

13 (d) LIMITATION.— 

14 (1) IN GENERAL.—The Commission may not 

15 reclaim frequencies licensed to broadcast television 

16 licensees or other licensees, directly or indirectly, on 

17 an involuntary basis for purposes of section 

18 309(j)(8)(F) of the Communications Act of 1934. 

19 (2) RULE OF CONSTRUCTION.—Nothing in this 

20 Act or in the amendments made by this Act shall be 

21 construed to permit the Commission to reclaim fre22 quencies of broadcast television licensees or any 

23 other licensees directly or indirectly on an involun24 tary basis for the purpose that section. 


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1 SEC. 205. REPORT ON EFFICIENT USE OF PUBLIC SAFETY 

2 SPECTRUM. 

3 Not later than 5 years after the date of enactment 

4 of this Act and every 5 years thereafter, the Commission 

5 shall conduct a study and submit a report to the Senate 

6 Committee on Commerce, Science, and Transportation 

7 and the House of Representatives Committee on Energy 

8 and Commerce on the spectrum held by the public safety 

9 entities. In the report the Commission shall— 

10 (1) examine how such spectrum is being used; 

11 (2) provide a recommendation for whether more 

12 spectrum needs to be made available to meet the 

13 needs of public safety entities; and 

14 (3) assess the opportunity for return of any 

15 spectrum to the Commission for auction to commer16 cial providers to provide revenue to the Treasury of 

17 the United States. 

18 SEC. 206. GAO REPORT ON SATELLITE BROADBAND. 

19 Not later than 2 years after the date of enactment 

20 of this Act, the Comptroller General of the United States 

21 shall conduct a study and submit to Congress a report 

22 on the current and future capabilities of fixed and mobile 

23 satellite broadband to assist public safety entities during 

24 an emergency. 

25 SEC. 207. ACCESS TO GSA SCHEDULES. 

26 The Administrator of General Services shall— 


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1 (1) establish rules under which public safety en2 tities may access and use the rates offered to the 

3 General Services Administration for communications 

4 services and devices; 

5 (2) develop and furnish to the Commission a 

6 model request-for-proposals form for public safety 

7 use under section 105; and 

8 (3) develop a procedure under which public 

9 safety entities are authorized to purchase from es10 tablished GSA schedules. 

11 SEC. 208. FEDERAL INFRASTRUCTURE SHARING. 

12 The Administrator of General Services shall establish 

13 rules to allow any public safety licensee or licensees to 

14 have access to Federal infrastructure to construct and 

15 maintain the public safety interoperable broadband net16 work. 

17 SEC. 209. AUDITS. 

18 (a) IN GENERAL.—Not later than 3 years after the 

19 date of enactment of this Act, and every 3 years there20 after, the Comptroller General of the United States shall 

21 perform an audit of the financial statements, records, and 

22 accounts of the— 

23 (1) Public Safety Interoperable Broadband Net24 work Construction Fund established under section 

25 201(a)(1); 


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1 (2) Public Safety Interoperable Broadband Net2 work Maintenance and Operation Fund established 

3 under section 201(a)(2); 

4 (3) construction grant program established 

5 under section 202; and 

6 (4) maintenance and operation program estab7 lished under section 203. 

8 (b) GAAP.—Each audit required under subsection 

9 (a) shall be conducted in accordance with generally accept10 able accounting procedures. 

11 (c) REPORT TO CONGRESS.—A copy of each audit re12 quired under subsection (a) shall be submitted to the ap13 propriate committees of Congress. 

14 SEC. 210. ANTIDIVERSION PROHIBITION. 

15 Except as provided in section 309(j)(8)(F)(ii)(III) of 

16 the Communications Act of 1934, as added by this Act, 

17 no funds made available under this Act or any amendment 

18 made by this Act may be used for any purpose other than 

19 in support of the nationwide public safety interoperable 

20 broadband network to be deployed under this Act, includ21 ing the acquisition, construction, or reconstruction of in22 frastructure and facilities, the purchase of equipment and 

23 services, including hardware, software, and training, in ac24 cordance with rules established by the Commission. 

Æ 


rfrederick on DSKD9S0YB1PROD with BILLS