II 

111TH CONGRESS 

2D SESSION S. 3625 

To enhance public safety by making more spectrum available to public safety 

agencies, to facilitate the development of a wireless public safety 

broadband network, to provide standards for the spectrum needs of 

public safety agencies, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2010 

Mr. LIEBERMAN (for himself and Mr. MCCAIN) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To enhance public safety by making more spectrum available 

to public safety agencies, to facilitate the development 

of a wireless public safety broadband network, to provide 

standards for the spectrum needs of public safety agencies, 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. 

4 This Act may be cited as the ‘‘First Responders Pro5 tection Act of 2010’’. 


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1 TITLE I—ALLOCATION AND AS2 SIGNMENT OF PUBLIC SAFE3 TY LICENSES 

4 SEC. 101. FINDINGS. 

5 The Congress finds the following: 

6 (1) The communications capabilities of first re7 sponders and other public safety agencies directly af8 fect the public safety of the people of the United 

9 States and our national security. 

10 (2) As events such as the terrorist attacks of 

11 September 11, 2001, and Hurricane Katrina re12 vealed, the inability of local, State, tribal, and Fed13 eral first responders to communicate effectively dur14 ing an emergency impairs operations and the ability 

15 to mitigate terrorist acts and natural disasters. 

16 (3) Many public safety communications systems 

17 rely on commercially available systems that lack 

18 broadband capabilities or otherwise fail to provide 

19 the level of service necessary to meet the mission20 critical needs of public safety agencies. 

21 (4) A wireless public safety broadband network 

22 is needed to guarantee priority access for public 

23 safety use and first responder interoperability across 

24 the United States. 


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1 (5) Allocating the paired electromagnetic spec2 trum bands of 758–763 megahertz and 788–793 

3 megahertz, referred to as the D Block, to public 

4 safety agencies is the only assured way of meeting 

5 public safety’s needs for sufficient spectrum and 

6 would help reduce the complexity and future oper7 ating cost of public safety communications systems. 

8 (6) Because the communications needs of public 

9 safety agencies may differ by geographic region (in10 cluding whether they require a dedicated commu11 nications system or can rely on a system shared with 

12 commercial users), each region requires flexibility to 

13 develop a model that meets its needs without sacri14 ficing the interoperability of the system as a whole. 

15 (7) The most timely and cost-effective way to 

16 achieve nationwide interoperability in public safety 

17 communications will be to leverage commercial infra18 structure without compromising the mission-critical 

19 needs of public safety agencies. 

20 (8) The use by public safety agencies of stand21 ardized technologies commonly employed in the com22 mercial telecommunications sector will provide sig23 nificant benefits, including improved capabilities, 

24 greater economies of scale, and more rapid adoption 

25 of technological innovations. 


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1 (9) When it is in the interest of public safety, 

2 the Federal Communications Commission should en3 courage any public safety licensee or spectrum lessee 

4 to consider using existing or planned commercial in5 frastructure. 

6 SEC. 102. ALLOCATION AND ASSIGNMENT OF PUBLIC SAFE7 TY LICENSES. 

8 (a) SPECTRUM ALLOCATION.—Section 337(a) of the 

9 Communications Act of 1934 (47 U.S.C. 337(a)) is 

10 amended— 

11 (1) in paragraph (1), by striking ‘‘24’’ and in12 serting ‘‘34’’; and 

13 (2) in paragraph (2), by striking ‘‘36’’ and in14 serting ‘‘26’’. 

15 (b) ASSIGNMENT.—Section 337(b) of the Commu16 nications Act of 1934 (47 U.S.C. 337(b)) is amended to 

17 read as follows: 

18 ‘‘(b) ASSIGNMENT.— 

19 ‘‘(1) IN GENERAL.—Not later than 60 days 

20 after the date of enactment of the First Responders 

21 Protection Act of 2010, the Commission shall allo22 cate the paired electromagnetic spectrum bands of 

23 758–763 megahertz and 788–793 megahertz for 

24 public safety broadband communications and shall liVerDate Mar 15 2010 06:26 Jul 22, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3625.IS S3625

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1 cense such paired bands to the public safety 

2 broadband licensee. 

3 ‘‘(2) ESTABLISHMENT OF RULES.— 

4 ‘‘(A) IN GENERAL.—The Commission shall 

5 establish rules to permit the public safety 

6 broadband licensee to authorize providers of 

7 public safety services to construct and operate 

8 a wireless public safety broadband network in 

9 the spectrum licensed to the public safety 

10 broadband licensee if the public safety 

11 broadband licensee determines that such au12 thorization would expedite the deployment of 

13 public safety broadband communications. 

14 ‘‘(B) NETWORK REQUIREMENTS.—The 

15 Commission shall require that any such wireless 

16 public safety broadband network shall— 

17 ‘‘(i) be fully interoperable and remain 

18 interoperable with, and in conformance 

19 with the same broadband technology stand20 ards as, all other public safety broadband 

21 systems deployed or authorized; 

22 ‘‘(ii) provide for roaming by local, 

23 State, tribal, and Federal Government and 

24 other authorized users of the spectrum liVerDate Mar 15 2010 06:26 Jul 22, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3625.IS S3625

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1 censed to the public safety broadband li2 censee; 

3 ‘‘(iii) provide priority access to public 

4 safety agencies; 

5 ‘‘(iv) be built to survive most large6 scale disasters; 

7 ‘‘(v) ensure that networks of such sys8 tems have the appropriate level of cyber se9 curity; and 

10 ‘‘(vi) ensure that authorized users 

11 have control over all local network uses 

12 consistent with rules established by the 

13 Commission. 

14 ‘‘(C) DEADLINES.— 

15 ‘‘(i) RULES.—The Commission shall 

16 establish rules under this paragraph not 

17 later than 180 days after the date of en18 actment of the First Responders Protec19 tion Act of 2010. 

20 ‘‘(ii) REPORT.— 

21 ‘‘(I) IN GENERAL.—Not later 

22 than 60 days after the date of enact23 ment of the First Responders Protec24 tion Act of 2010, the public safety 

25 broadband licensee shall submit a reVerDate Mar 15 2010 06:26 Jul 22, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3625.IS S3625

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1 port to the appropriate committees of 

2 Congress on the phased network de3 ployment plan of such spectrum 

4 bands. 

5 ‘‘(II) DEFINITIONS.—For pur6 poses of subclause (I), the term ‘ap7 propriate committees of Congress’ 

8 means— 

9 ‘‘(aa) the Committee on 

10 Homeland Security and Govern11 mental Affairs of the Senate; 

12 ‘‘(bb) the Committee on 

13 Commerce, Science, and Trans14 portation of the Senate; 

15 ‘‘(cc) the Committee on En16 ergy and Commerce of the House 

17 of Representatives; and 

18 ‘‘(dd) the Committee on 

19 Homeland Security of the House 

20 of Representatives.’’. 

21 (c) NETWORK-SHARING AGREEMENTS.—Section 337 

22 of the Communications Act of 1934 (47 U.S.C. 337) is 

23 amended— 

24 (1) by redesignating subsection (f) as sub25 section (g); and 


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1 (2) by inserting after subsection (e) the fol2 lowing: 

3 ‘‘(f) RULEMAKING REQUIRED.—The Commission 

4 shall establish regulations, subject to requirements that 

5 the public safety broadband licensee retain control over 

6 the use of the spectrum, to— 

7 ‘‘(1) authorize the shared use of the public safe8 ty broadband spectrum and network infrastructure 

9 by entities that are not defined as public safety serv10 ices in subsection (g)(1), subject to requirements 

11 that public safety services retain priority access to 

12 the spectrum, pursuant to procedures adopted by the 

13 Commission, as long as other governmental entities’ 

14 needs are considered before commercial entities; and 

15 ‘‘(2) allow use of the public safety broadband 

16 spectrum by emergency response providers, as de17 fined in section 2 of the Homeland Security Act of 

18 2002 (6 U.S.C. 101).’’. 

19 (d) DEFINITION.—Section 337(g) of the Communica20 tions Act of 1934 (as so redesignated) is amended— 

21 (1) by redesignating paragraphs (1) and (2) as 

22 paragraphs (3) and (4), respectively; and 

23 (2) by inserting before paragraph (3), as so re24 designated, the following: 


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1 ‘‘(1) PUBLIC SAFETY BROADBAND LICENSEE.— 

2 The term ‘public safety broadband licensee’ means a 

3 licensee, as defined by the Commission in its Second 

4 Report and Order adopted July 31, 2007 (FCC 07– 

5 132), and selected in the Commission’s Order adopt6 ed November 19, 2007 (FCC 07–199), by the Com7 mission to be the licensee for the 763–768/793– 

8 798MHz. 

9 ‘‘(2) PUBLIC SAFETY BROADBAND SPEC10 TRUM.—The term ‘public safety broadband spec11 trum’ means the electromagnetic spectrum between 

12 758 megahertz and 768 megahertz, inclusive, and 

13 788 megahertz and 798 megahertz, inclusive and 

14 any additional electromagnetic frequencies allocated 

15 for public safety use that the Commission shall des16 ignate for public safety broadband use.’’. 

17 SEC. 103. STANDARDS. 

18 (a) INTEROPERABILITY REQUIREMENTS.—Not later 

19 than 180 days after the date of enactment of this Act, 

20 the Federal Communications Commission, in consultation 

21 with the Director of the National Institute of Standards 

22 and Technology, the Secretary of Homeland Security, the 

23 Attorney General, and local, State, tribal, and Federal 

24 public safety agencies, shall develop a public safety agency 

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1 operability and roaming across any communications sys2 tem using public safety broadband spectrum, as defined 

3 in section 337(g) of the Communications Act of 1934. 

4 (b) SPECIFICATIONS.—The Secretary, in coordination 

5 with the Director of the National Institute of Standards 

6 and Technology, shall establish an appropriate standard, 

7 or set of standards, for meeting the public safety agency 

8 statement requirements developed under subsection (a) 

9 which shall take into consideration— 

10 (1) the extent to which particular technologies 

11 and user equipment are, or are likely to be, available 

12 in the commercial marketplace; 

13 (2) the availability of necessary technologies 

14 and equipment on reasonable and non-discriminatory 

15 licensing terms; 

16 (3) the ability to evolve with technological devel17 opments in the commercial marketplace; 

18 (4) the ability to accommodate prioritization for 

19 public safety transmissions; 

20 (5) the ability to accommodate appropriate se21 curity measures for public safety transmissions; and 

22 (6) any other considerations the Federal Com23 munications Commission deems appropriate. 


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1 SEC. 104. RULE OF CONSTRUCTION. 

2 Nothing in this Act, or the amendments made by this 

3 Act, shall be construed to overturn, supercede, or other4 wise preempt the Commission’s Order adopted on Novem5 ber 19, 2007 (FCC 07–199), and setting forth the roles 

6 and responsibilities of the public broadband safety licensee 

7 (as such term is defined in section 337(g) of the Commu8 nications Act of 1934) and the Federal Communications 

9 Commission, except that the following may, by rule or 

10 order, be modified by the Commission: 

11 (1) Any organization seeking membership to the 

12 Board of Directors of the Public Safety Broadband 

13 Licensee may be voted in by a simple majority of the 

14 then serving members of the Board of Directors. 

15 (2) The Board of Directors of the Public Safety 

16 Broadband Licensee shall include the following orga17 nizations: 

18 (A) International Association of Chiefs of 

19 Police. 

20 (B) International Association of Fire 

21 Chiefs. 

22 (C) National Sheriffs’ Association. 

23 (D) International Association of Fire 

24 Fighters. 

25 (E) National Volunteer Fire Council. 

26 (F) Fraternal Order of Police. 


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1 (G) Major Cities Chiefs Association. 

2 (H) Metropolitan Fire Chiefs Association. 

3 (I) Major County Sheriffs’ Association. 

4 (J) Association of Public-Safety Commu5 nications Officials, International. 

6 (K) National Emergency Management As7 sociation. 

8 (L) International Association of Emer9 gency Managers. 

10 (M) Police Executive Research Forum. 

11 (N) National Criminal Justice Association. 

12 (O) National Association of Police Organi13 zations. 

14 (P) National Organization of Black Law 

15 Enforcement Executives. 

16 (Q) Association of Air Medical Services. 

17 (R) Advocates for Emergency Medical 

18 Services. 

19 (S) Emergency Nurses Association. 

20 (T) National Association of Emergency 

21 Medical Services Physicians. 

22 (U) National Association of Emergency 

23 Medical Technicians. 

24 (V) National Association of State Emer25 gency Medical Service Officials. 


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1 (W) National Emergency Medical Services 

2 Management Association. 

3 (X) International Municipal Signal Asso4 ciation. 

5 (Y) American Probation and Parole Asso6 ciation. 

7 (Z) National Governors Association. 

8 (AA) National Association of Counties. 

9 (BB) National League of Cities. 

10 (CC) United States Conference of Mayors. 

11 (DD) Council of State Governments. 

12 (EE) International City/County Managers 

13 Association. 

14 (FF) National Conference of State Legis15 latures. 

16 (GG) National Association of Regional 

17 Councils. 

18 (HH) Utilities Telecom Council. 

19 (II) American Association of State High20 way Transportation Officials. 

21 (JJ) American Hospital Association. 

22 (KK) Forestry Conservation Communica23 tions Association. 

24 (LL) National Association of State 911 

25 Administrators. 


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1 TITLE II—FUNDING 

2 SEC. 201. DEFINITIONS. 

3 In this title— 

4 (1) the term ‘‘Assistant Secretary’’ means the 

5 Assistant Secretary of Commerce for Communica6 tions and Information; 

7 (2) the term ‘‘appropriate committees of Con8 gress’’ means— 

9 (A) the Committee on Homeland Security 

10 and Governmental Affairs of the Senate; 

11 (B) the Committee on Commerce, Science, 

12 and Transportation of the Senate; 

13 (C) the Committee on Energy and Com14 merce of the House of Representatives; and 

15 (D) the Committee on Homeland Security 

16 of the House of Representatives; 

17 (3) the term ‘‘Construction Fund’’ means the 

18 Public Safety Interoperable Broadband Network 

19 Construction Fund established under section 202; 

20 (4) the term ‘‘Maintenance and Operation 

21 Fund’’ means the Public Safety Interoperable 

22 Broadband Network Maintenance and Operation 

23 Fund established under section 202; and 

24 (5) the term ‘‘Secretary’’ means the Secretary 

25 of Homeland Security. 


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1 SEC. 202. FUNDING. 

2 (a) ESTABLISHMENT OF FUNDS.— 

3 (1) CONSTRUCTION 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 Construction 

8 Fund. 

9 (B) PURPOSE.—The Secretary shall estab10 lish and administer the grant program under 

11 section 203 using the funds deposited in the 

12 Construction Fund. 

13 (C) CREDIT.— 

14 (i) BORROWING AUTHORITY.—The 

15 Secretary may borrow from the general 

16 fund of the Treasury beginning on October 

17 1, 2010, such sums as may be necessary, 

18 but not to exceed $2,000,000,000, to im19 plement section 203. 

20 (ii) REIMBURSEMENT.—The Secretary 

21 of the Treasury shall reimburse the general 

22 fund of the Treasury, without interest, for 

23 any amounts borrowed under clause (i) as 

24 funds are deposited into the Construction 

25 Fund, but in no case later than December 

26 31, 2014. 


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1 (2) MAINTENANCE AND OPERATION FUND.— 

2 (A) ESTABLISHMENT.—There is estab3 lished in the Treasury of the United States a 

4 fund to be known as the Public Safety Inter5 operable Broadband Network Maintenance and 

6 Operation Fund. 

7 (B) PURPOSE.—The Secretary shall use 

8 the funds deposited in the Maintenance and Op9 eration Fund to carry out section 204. 

10 (b) INITIAL DISTRIBUTION OF AUCTION PROCEEDS

11 IN FUNDS.—Notwithstanding subparagraphs (A) and (D) 

12 of section 309(j)(8) of the Communications Act of 1934 

13 (47 U.S.C. 309(j)(8)), the Secretary of the Treasury shall 

14 deposit the proceeds (including deposits and upfront pay15 ments from successful bidders) from the auction of the 

16 spectrum described in section 205 in the following man17 ner: 

18 (1) All proceeds less than or equal to 

19 $5,500,000,000 shall be deposited in the Construc20 tion Fund and shall be made available to the Sec21 retary without further appropriations. 

22 (2) Any proceeds exceeding $5,500,000,000 

23 shall be deposited in the Maintenance and Operation 

24 Fund and shall be made available to the Secretary 

25 without further appropriations. 


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1 (c) TRANSFER OF FUNDS AT COMPLETION OF CON2 STRUCTION.—The Secretary of the Treasury shall transfer 

3 to the Maintenance and Operation Fund any funds re4 maining in the Construction Fund after the date of the 

5 completion of the construction phase, as determined by the 

6 Secretary. 

7 (d) TRANSFER OF FUNDS TO TREASURY.—The Sec8 retary of the Treasury shall transfer to the general fund 

9 of the Treasury any funds remaining in the Maintenance 

10 and Operation Fund after the end of the 10-year period 

11 that begins after the date of the completion of the con12 struction phase, as determined by the Secretary. 

13 (e) AUTHORIZATION OF APPROPRIATIONS.— 

14 (1) CONSTRUCTION FUND.—There are author15 ized to be appropriated to the Secretary for deposit 

16 in the Construction Fund in and after fiscal year 

17 2012 such as sums as necessary subject to para18 graph (3). 

19 (2) MAINTENANCE AND OPERATION FUND.— 

20 There are authorized to be appropriated to the Sec21 retary for deposit in the Maintenance and Operation 

22 Fund in and after fiscal year 2012 such as sums as 

23 necessary subject to paragraph (3). 


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1 (3) LIMITATION.—The authorization of appro2 priations under paragraphs (1) and (2) may not ex3 ceed a total of $5,500,000,000. 

4 SEC. 203. PUBLIC SAFETY INTEROPERABLE BROADBAND 

5 NETWORK CONSTRUCTION. 

6 (a) CONSTRUCTION GRANT PROGRAM ESTABLISH7 MENT.—The Secretary shall take such action as is nec8 essary to establish a grant program to assist public safety 

9 entities to establish a nationwide public safety interoper10 able broadband network in the 700 megahertz band. 

11 (b) PROJECTS.—The projects for which construction 

12 grants may be made under this section are the following: 

13 (1) Construction of a new public safety inter14 operable broadband network using public safety in15 frastructure or commercial infrastructure, or both, 

16 in the 700 megahertz band. 

17 (2) Improvement of the existing public safety 

18 and commercial networks and construction of new 

19 infrastructure to meet public safety requirements. 

20 (c) MATCHING REQUIREMENTS.— 

21 (1) FEDERAL SHARE.—The Federal share of 

22 the cost of carrying out a project under this section 

23 may not exceed 80 percent of the eligible costs of 

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1 retary in consultation with the Federal Communica2 tions Commission. 

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

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

5 section may be provided through an in-kind con6 tribution. 

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

8 the date of enactment of this Act, the Secretary shall es9 tablish grant program requirements including the fol10 lowing: 

11 (1) Defining entities that are eligible to receive 

12 a grant under this section. 

13 (2) Defining eligible costs for purposes of sub14 section (c)(1). 

15 (3) Determining the scope of network infra16 structure eligible for grant funding under this sec17 tion. 

18 (4) Conditioning grant funding on compliance 

19 with the Federal Communications Commission’s li20 cense terms. 

21 SEC. 204. PUBLIC SAFETY INTEROPERABLE BROADBAND 

22 MAINTENANCE AND OPERATION. 

23 (a) MAINTENANCE AND OPERATION REIMBURSE24 MENT PROGRAM.—The Secretary shall administer a pro25 gram through which not more than 50 percent of mainteVerDate Mar 15 2010 06:26 Jul 22, 2010 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S3625.IS S3625

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1 nance and operational expenses associated with the public 

2 safety interoperable broadband network may be reim3 bursed from the Maintenance and Operation Fund for 

4 those expenses that are attributable to the maintenance, 

5 operation, and improvement of the public safety interoper6 able broadband network. 

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

8 that the rule established under subsection (b)(1) becomes 

9 effective, the Secretary shall submit to Congress a report 

10 on whether to continue to provide funding for the Mainte11 nance and Operation Fund after the end of the 10-year 

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

13 construction phase, as determined by the Secretary. 

14 SEC. 205. AUCTION OF SPECTRUM. 

15 (a) IN GENERAL.— 

16 (1) IDENTIFICATION OF SPECTRUM.—Not later 

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

18 the Assistant Secretary shall identify, at a minimum, 

19 50 megahertz of contiguous spectrum at frequencies 

20 located between 1675 megahertz and 1710 mega21 hertz, inclusive, to be made available for immediate 

22 reallocation. 

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

24 2013, the Federal Communications Commission 


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1 shall conduct the auction of the licenses, by com2 mencing the bidding, for the following: 

3 (A) The spectrum between the frequencies 

4 of 2155 megahertz and 2180 megahertz, inclu5 sive. 

6 (B) The spectrum identified under para7 graph (1). 

8 (b) EXTENSION OF AUCTION AUTHORITY.—Section 

9 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 

10 309(j)(11)) is amended by striking ‘‘2012’’ and inserting 

11 ‘‘2020’’. 

12 SEC. 206. REPORT ON EFFICIENT USE OF PUBLIC SAFETY 

13 SPECTRUM. 

14 Not later than 5 years after the date of enactment 

15 of this Act and every 5 years thereafter, the Federal Com16 munications Commission shall conduct a study and submit 

17 to the appropriate committees of Congress a report on the 

18 spectrum held by the public safety broadband licensee and 

19 shall examine how such spectrum is being used and pro20 vide a recommendation for whether more spectrum needs 

21 to be made available to meet the needs of public safety 

22 entities and the opportunity to return any spectrum to the 

23 Commission for auction to commercial providers to provide 

24 revenue to the Treasury of the United States. 


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1 SEC. 207. AUDITS. 

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

3 date of enactment of this Act, and every 3 years there4 after, the Comptroller General of the United States shall 

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

6 accounts of the— 

7 (1) Public Safety Interoperable Broadband Net8 work Construction Fund established under section 

9 202(a)(1); 

10 (2) Public Safety Interoperable Broadband Net11 work Maintenance and Operation Fund established 

12 under section 202(a)(2); 

13 (3) construction grant program established 

14 under section 203; and 

15 (4) maintenance and operation program estab16 lished under section 204. 

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

18 (a) shall be conducted in accordance with generally accept19 able accounting procedures. 

20 (c) REPORT TO CONGRESS.—A copy of each audit re21 quired under subsection (a) shall be submitted to the ap22 propriate committees of Congress. 

23 SEC. 208. REPORT ON LONG-TERM INTEROPERABILITY BY 

24 CONSOLIDATING BAND USE. 

25 Not later than 3 years after the date of enactment 

26 of this Act, the Federal Communications Commission, in 


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1 consultation with the Secretary of Homeland Security and 

2 the Assistant Secretary, shall issue a report and order, 

3 after allowing time for notice and comment, including 

4 comment from public safety users, and submit such report 

5 to the appropriate committees of Congress, on whether 

6 such agencies and other public safety entities could— 

7 (1) end their use of Land Mobile radio spec8 trum below 512 MHz; and 

9 (2) begin to use either— 

10 (A) the 24 MHz band of spectrum (encom11 passing that part of the electromagnetic spec12 trum between 763 megahertz and 775 mega13 hertz and 793 megahertz and 805 megahertz) 

14 allocated to public safety services under section 

15 337(a)(1) of the Communications Act of 1934 

16 (47 U.S.C. 337(a)(1)); or 

17 (B) the spectrum in the 800 MHz band. 

18 SEC. 209. REPORT ON LONG-TERM INTEROPERABILITY 

19 USING IP-BASED SOLUTIONS. 

20 Not later than 2 years after enactment of this Act, 

21 the Federal Communications Commission, in consultation 

22 with the Secretary of Homeland Security and the Assist23 ant Secretary, shall issue a report and order, after allow24 ing time for notice and comment, including comment from 

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1 priate committees of Congress, on whether Internet Pro2 tocol-enabled solutions could aid interoperability. 

Æ 


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