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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2976 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2976

 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 HOUSE OF REPRESENTATIVES

                           September 20, 2011

   Mr. Rothman of New Jersey (for himself and Mr. King of New York) 
 introduced the following bill; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Help Emergency 
Responders Operate Emergency Systems Act of 2011'' or the ``HEROES Act 
of 2011''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
      TITLE I--ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY LICENSES

Sec. 101. Findings.
Sec. 102. Allocation and assignment of public safety licenses.
Sec. 103. Standards.
Sec. 104. Rule of construction.
                           TITLE II--FUNDING

Sec. 201. Definitions.
Sec. 202. Funding.
Sec. 203. Public safety interoperable broadband network construction.
Sec. 204. Public safety interoperable broadband maintenance and 
                            operation.
Sec. 205. Audits.
Sec. 206. Auction of spectrum to fund the interoperable broadband 
                            network construction fund, the operation 
                            and maintenance fund, and the narrowbanding 
                            compliance assistance program.
Sec. 207. Narrowbanding assistance.
Sec. 208. Extension of auction authority and assurance of open 
                            auctions.
Sec. 209. Report on efficient use of public safety spectrum.
Sec. 210. Report on long-term interoperability using IP-based 
                            solutions.

      TITLE I--ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY LICENSES

SEC. 101. FINDINGS.

    The Congress finds the following:
            (1) The communications capabilities of first responders and 
        other public safety agencies directly affect the public safety 
        of the people of the United States and our national security.
            (2) As events such as the terrorist attacks of September 
        11, 2001, and Hurricane Katrina revealed, the inability of 
        local, State, tribal, and Federal first responders to 
        communicate effectively during an emergency impairs operations 
        to respond to terrorist acts and natural disasters.
            (3) Many public safety communications systems rely on 
        commercially available systems that lack broadband capabilities 
        or otherwise fail to provide the level of service necessary to 
        meet the mission-critical needs of public safety agencies.
            (4) A wireless public safety broadband network is needed to 
        guarantee priority access for public safety use and first 
        responder interoperability across the United States.
            (5) Allocating the paired electromagnetic spectrum bands of 
        758-763 megahertz and 788-793 megahertz, referred to as the D 
        Block, to public safety agencies will fulfill the needs of 
        public safety agencies for sufficient spectrum and would help 
        reduce the complexity and future operating cost of public 
        safety communications systems.
            (6) Because the communications needs of public safety 
        agencies may differ by geographic region (including whether 
        they require a dedicated communications system or can rely on a 
        system shared with commercial users), each region requires 
        flexibility to develop a model that meets its local needs 
        without sacrificing the interoperability of the nationwide 
        system.
            (7) The most timely and cost-effective way to achieve 
        nationwide interoperability in public safety communications 
        will be to leverage commercial infrastructure without 
        compromising the mission-critical needs of public safety 
        agencies.
            (8) The use by public safety agencies of standardized 
        technologies commonly employed in the commercial 
        telecommunications sector will provide significant benefits, 
        including improved capabilities, greater economies of scale, 
        and more rapid adoption of technological innovations.
            (9) When it is in the interest of public safety, the 
        Federal Communications Commission should encourage any public 
        safety licensee or spectrum lessee to consider using existing 
        or planned commercial infrastructure.

SEC. 102. ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY LICENSES.

    (a) Spectrum Allocation.--Section 337(a) of the Communications Act 
of 1934 (47 U.S.C. 337(a)) is amended--
            (1) in paragraph (1), by striking ``24'' and inserting 
        ``34''; and
            (2) in paragraph (2), by striking ``36'' and inserting 
        ``26''.
    (b) Assignment.--Section 337(b) of the Communications Act of 1934 
(47 U.S.C. 337(b)) is amended to read as follows:
    ``(b) Assignment.--
            ``(1) In general.--Not later than 60 days after the date of 
        enactment of the HEROES Act of 2011, the Commission shall 
        allocate the paired electromagnetic spectrum bands of 758-763 
        megahertz and 788-793 megahertz for public safety broadband 
        communications and shall license such paired bands to the 
        public safety broadband licensee.
            ``(2) Establishment of rules.--
                    ``(A) In general.--The Commission shall establish 
                rules to permit the public safety broadband licensee to 
                authorize providers of public safety services to 
                construct and operate a wireless public safety 
                broadband network in the spectrum licensed to the 
                public safety broadband licensee if the public safety 
                broadband licensee determines that such authorization 
                would expedite the deployment of public safety 
                broadband communications.
                    ``(B) Network requirements.--The Commission shall 
                require that any such wireless public safety broadband 
                network shall--
                            ``(i) be fully interoperable and remain 
                        interoperable with, and in conformance with the 
                        same broadband technology standards as, all 
                        other public safety broadband systems deployed 
                        or authorized;
                            ``(ii) provide for roaming by local, State, 
                        tribal, and Federal governments and other 
                        authorized users of the spectrum licensed to 
                        the public safety broadband licensee;
                            ``(iii) provide priority access to public 
                        safety agencies;
                            ``(iv) be built to survive most large-scale 
                        disasters;
                            ``(v) ensure that networks of such systems 
                        have the appropriate level of cyber security;
                            ``(vi) ensure that authorized users have 
                        control over all local network uses consistent 
                        with rules established by the Commission; and
                            ``(vii) be consistent with the Statewide 
                        Interoperable Communications Plans adopted by 
                        each State and the National Emergency 
                        Communications Plan, as adopted by the 
                        Department of Homeland Security.
                    ``(C) Deadlines.--
                            ``(i) Rules.--The Commission shall 
                        establish rules under this paragraph not later 
                        than 9 months after the date of enactment of 
                        the HEROES Act of 2011.
                            ``(ii) Report.--
                                    ``(I) In general.--Not later than 
                                60 days after the date of enactment of 
                                the HEROES Act of 2011, the public 
                                safety broadband licensee shall submit 
                                a report to the appropriate committees 
                                of Congress on the phased network 
                                deployment plan of such spectrum bands.
                                    ``(II) Definitions.--For purposes 
                                of subclause (I), the term `appropriate 
                                committees of Congress' means--
                                            ``(aa) the Committee on 
                                        Homeland Security and 
                                        Governmental Affairs of the 
                                        Senate;
                                            ``(bb) the Committee on 
                                        Commerce, Science, and 
                                        Transportation of the Senate;
                                            ``(cc) the Committee on 
                                        Energy and Commerce of the 
                                        House of Representatives; and
                                            ``(dd) the Committee on 
                                        Homeland Security of the House 
                                        of Representatives.''.
    (c) Network-Sharing Agreements.--Section 337 of the Communications 
Act of 1934 (47 U.S.C. 337) is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) Rulemaking Required.--The Commission shall establish 
regulations to--
            ``(1) authorize the shared use of the public safety 
        broadband spectrum and network infrastructure by entities that 
        are not defined as public safety services in subsection (g)(1), 
        subject to the requirement that public safety services retain 
        priority access to the spectrum, pursuant to procedures adopted 
        by the Commission, so long as the needs of other governmental 
        entities needs are considered before commercial entities; and
            ``(2) allow use of the public safety broadband spectrum by 
        emergency response providers, as defined in section 2 of the 
        Homeland Security Act of 2002 (6 U.S.C. 101).''.
    (d) Definition.--Section 337(g) of the Communications Act of 1934 
(as so redesignated) is amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting before paragraph (3), as so redesignated, 
        the following:
            ``(1) Public safety broadband licensee.--The term `public 
        safety broadband licensee' means a licensee as defined by the 
        Commission in its Second Report and Order adopted July 31, 2007 
        (FCC 07-132), and selected in the Commission's Order adopted 
        November 19, 2007 (FCC 07-199), by the Commission to be the 
        licensee for spectrum between 763-768 and 793-798 megahertz.
            ``(2) Public safety broadband spectrum.--The term `public 
        safety broadband spectrum' means the electromagnetic spectrum 
        between 758 megahertz and 768 megahertz, inclusive, and 788 
        megahertz and 798 megahertz, inclusive, and any additional 
        electromagnetic frequencies allocated by the Commission for 
        public safety broadband use.''.

SEC. 103. STANDARDS.

    (a) Interoperability Requirements.--Not later than 180 days after 
the date of enactment of this Act, the Chairman of the Federal 
Communications Commission, in consultation with the Director of the 
National Institute of Standards and Technology, the Secretary of 
Homeland Security, the Attorney General, and local, State, tribal, and 
Federal public safety agencies, shall develop a public safety agency 
statement of requirements that enables nationwide interoperability and 
roaming across any communications system using public safety broadband 
spectrum, as defined in section 337(g) of the Communications Act of 
1934.
    (b) Specifications.--The Secretary of Homeland Security, in 
coordination with the Director of the National Institute of Standards 
and Technology, shall establish an appropriate standard, or set of 
standards, for meeting the public safety agency statement requirements 
developed under subsection (a), taking into consideration--
            (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;
            (4) the ability to accommodate prioritization for public 
        safety transmissions;
            (5) the ability to accommodate appropriate security 
        measures for public safety transmissions; and
            (6) any other considerations the Federal Communications 
        Commission deems appropriate.

SEC. 104. RULE OF CONSTRUCTION.

    Nothing in this Act, or the amendments made by this Act, shall be 
construed to overturn, supersede, or otherwise preempt the Federal 
Communication Commission's Order adopted on November 19, 2007 (FCC 07-
199), setting forth the roles and responsibilities of the public safety 
broadband licensee (as such term is defined in section 337(g) of the 
Communications Act of 1934) and the Federal Communications Commission, 
except that the following may, by rule or order, be modified by the 
Commission:
            (1) Any organization seeking membership to the board of 
        directors of the public safety broadband licensee may be voted 
        in by a simple majority of the then serving members of the 
        Board of Directors.
            (2) The Board of Directors of the public safety broadband 
        licensee shall include the following organizations:
                    (A) International Association of Chiefs of Police.
                    (B) International Association of Fire Chiefs.
                    (C) National Sheriffs' Association.
                    (D) International Association of Fire Fighters.
                    (E) National Volunteer Fire Council.
                    (F) Fraternal Order of Police.
                    (G) Major Cities Chiefs Association.
                    (H) Metropolitan Fire Chiefs Association.
                    (I) Major County Sheriffs' Association.
                    (J) Association of Public-Safety Communications 
                Officials, International.
                    (K) National Emergency Management Association.
                    (L) International Association of Emergency 
                Managers.
                    (M) Police Executive Research Forum.
                    (N) National Criminal Justice Association.
                    (O) National Association of Police Organizations.
                    (P) National Organization of Black Law Enforcement 
                Executives.
                    (Q) Association of Air Medical Services.
                    (R) Advocates for Emergency Medical Services.
                    (S) Emergency Nurses Association.
                    (T) National Association of Emergency Medical 
                Services Physicians.
                    (U) National Association of Emergency Medical 
                Technicians.
                    (V) National Association of State Emergency Medical 
                Service Officials.
                    (W) National Emergency Medical Services Management 
                Association.
                    (X) International Municipal Signal Association.
                    (Y) American Probation and Parole Association.
                    (Z) National Governors Association.
                    (AA) National Association of Counties.
                    (BB) National League of Cities.
                    (CC) United States Conference of Mayors.
                    (DD) Council of State Governments.
                    (EE) International City/County Managers 
                Association.
                    (FF) National Conference of State Legislatures.
                    (GG) National Association of Regional Councils.
                    (HH) Utilities Telecom Council.
                    (II) American Association of State Highway 
                Transportation Officials.
                    (JJ) American Hospital Association.
                    (KK) Forestry Conservation Communications 
                Association.
                    (LL) National Association of State 911 
                Administrators.
                    (MM) National Troopers Coalition.
                    (NN) National Emergency Numbers Association.

                           TITLE II--FUNDING

SEC. 201. DEFINITIONS.

    In this title--
            (1) the term ``Assistant Secretary'' means the Assistant 
        Secretary of Commerce for Communications and Information;
            (2) the term ``appropriate committees of Congress'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (B) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (C) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (D) the Committee on Homeland Security of the House 
                of Representatives;
            (3) the term ``Construction Fund'' means the Public Safety 
        Interoperable Broadband Network Construction Fund established 
        under section 202;
            (4) the term ``Maintenance and Operation Fund'' means the 
        Public Safety Interoperable Broadband Network Maintenance and 
        Operation Fund established under section 202; and
            (5) the term ``Secretary'' means the Secretary of Homeland 
        Security.

SEC. 202. FUNDING.

    (a) Establishment of Funds.--
            (1) Construction fund.--
                    (A) Establishment.--There is established in the 
                Treasury of the United States a fund to be known as the 
                Public Safety Interoperable Broadband Network 
                Construction Fund.
                    (B) Purpose.--The Secretary shall establish and 
                administer the grant program under section 203 using 
                the funds deposited in the Construction Fund.
                    (C) Credit.--
                            (i) Borrowing authority.--The Secretary may 
                        borrow from the general fund of the Treasury 
                        beginning October 1, 2011, such sums as may be 
                        necessary, but not to exceed $2,000,000,000, to 
                        implement section 203.
                            (ii) Reimbursement.--The Secretary of the 
                        Treasury shall reimburse the general fund of 
                        the Treasury, without interest, for any amounts 
                        borrowed under clause (i) as funds are 
                        deposited into the Construction Fund, but in no 
                        case later than December 31, 2014.
            (2) Maintenance and operation fund.--
                    (A) Establishment.--There is established in the 
                Treasury of the United States a fund to be known as the 
                Public Safety Interoperable Broadband Network 
                Maintenance and Operation Fund.
                    (B) Purpose.--The Secretary shall use the funds 
                deposited in the Maintenance and Operation Fund to 
                carry out section 204.
            (3) Narrowbanding compliance assistance program.--
                    (A) Establishment.--There is established in the 
                Treasury of the United States a fund to be known as the 
                Narrowbanding Compliance Assistance Program.
                    (B) Purpose.--The Secretary shall use the funds 
                deposited in the Narrowbanding Compliance Assistance 
                Program to carry out section 207.
    (b) Initial Distribution of Auction Proceeds in Funds.--
Notwithstanding subparagraphs (A) and (D) of section 309(j)(8) of the 
Communications Act of 1934 (47 U.S.C. 309(j)(8)), the Secretary of the 
Treasury shall deposit the proceeds (including deposits and upfront 
payments from successful bidders) from the auction of the spectrum 
described in section 205 in the following manner:
            (1) All proceeds less than or equal to $5,500,000,000 shall 
        be deposited in the Construction Fund and shall be made 
        available to the Secretary without further appropriations.
            (2) Any proceeds exceeding $5,500,000,000 shall be 
        deposited in the Maintenance and Operation Fund and shall be 
        made available to the Secretary without further appropriations.
    (c) Transfer of Funds at Completion of Construction.--The Secretary 
of the Treasury shall transfer to the Maintenance and Operation Fund 
any funds remaining in the Construction Fund after the date of the 
completion of the construction phase, as determined by the Secretary.
    (d) Transfer of Funds to Treasury.--The Secretary of the Treasury 
shall transfer to the general fund of the Treasury any funds remaining 
in the Maintenance and Operation Fund after the end of the 10-year 
period following receipt of notice by the Secretary of Homeland 
Security that construction of the nationwide system has been completed.
    (e) Authorization of Appropriations.--
            (1) Construction fund.--There are authorized to be 
        appropriated to the Secretary for deposit in the Construction 
        Fund in and after fiscal year 2012 an amount not to exceed the 
        amount set forth in paragraph (4).
            (2) Maintenance and operation fund.--There are authorized 
        to be appropriated to the Secretary for deposit in the 
        Maintenance and Operation Fund in and after fiscal year 2012 an 
        amount not to exceed the amount set forth in paragraph (4).
            (3) Narrowbanding compliance assistance program.--There are 
        authorized to be appropriated to the Secretary for deposit in 
        the Narrowbanding Compliance Assistance Program in and after 
        fiscal year 2012 an amount not to exceed the amount set forth 
        in paragraph (4).
            (4) Limitation.--The authorization of appropriations under 
        paragraphs (1) and (2) may not exceed a total of $5,500,000,000 
        and paragraph (3) may not exceed $400,000,000.

SEC. 203. PUBLIC SAFETY INTEROPERABLE BROADBAND NETWORK CONSTRUCTION.

    (a) Construction Grant Program Establishment.--The Secretary shall 
take such action as is necessary to establish a grant program to assist 
public safety entities to establish a nationwide public safety 
interoperable broadband network in the 700 megahertz band.
    (b) Projects.--The projects for which construction grants may be 
made under this section are the following:
            (1) Construction of a new public safety interoperable 
        broadband network using public safety infrastructure or 
        commercial infrastructure, or both, in the 700 megahertz band.
            (2) Improvement of the existing public safety and 
        commercial networks and construction of new infrastructure to 
        meet public safety requirements.
    (c) Matching Requirements.--
            (1) Federal share.--The Federal share of the cost of 
        carrying out a project under this section may not exceed 80 
        percent of the eligible costs of carrying out a project, as 
        determined by the Secretary in consultation with the Chairman 
        of the Federal Communications Commission.
            (2) Non-federal share.--The non-Federal share of the cost 
        of carrying out a project under this section may be provided 
        through an in-kind contribution.
    (d) Requirements.--Not later than 6 months after the date of 
enactment of this Act, the Secretary shall establish grant program 
requirements including the following:
            (1) Defining entities that are eligible to receive a grant 
        under this section.
            (2) Defining eligible costs for purposes of subsection 
        (c)(1).
            (3) Determining the scope of network infrastructure 
        eligible for grant funding under this section.
            (4) Conditioning grant funding on compliance with the 
        Federal Communications Commission's license terms.
            (5) Ensuring that all grant funds are in compliance with 
        and support the goals of the National Emergency Communications 
        Plan and the Statewide Communication Interoperability Plans for 
        each State and territory.
    (e) Technical Assistance.--The Secretary will enhance the Office of 
Emergency Communications Technical Assistance Program to assist 
grantees with best practices and guidance in implementing these 
projects.

SEC. 204. PUBLIC SAFETY INTEROPERABLE BROADBAND MAINTENANCE AND 
              OPERATION.

    (a) Maintenance and Operation Reimbursement Program.--The Secretary 
shall administer a program through which not more than 50 percent of 
maintenance and operational expenses associated with the public safety 
interoperable broadband network may be reimbursed from the Maintenance 
and Operation Fund for those expenses that are attributable to the 
maintenance, operation, and improvement of the public safety 
interoperable broadband network.
    (b) Report.--Not later than 7 years after the commencement of the 
reimbursement program established under subsection (a), the Secretary 
shall submit to Congress a report on whether to continue to provide 
funding for the Maintenance and Operation Fund following completion of 
the period provided for under section 202(d).

SEC. 205. AUDITS.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act, and every 3 years thereafter, the Comptroller General of 
the United States shall perform an audit of the financial statements, 
records, and accounts of the--
            (1) Public Safety Interoperable Broadband Network 
        Construction Fund established under section 202(a)(1);
            (2) Public Safety Interoperable Broadband Network 
        Maintenance and Operation Fund established under section 
        202(a)(2);
            (3) construction grant program established under section 
        203; and
            (4) maintenance and operation grant program established 
        under section 204.
    (b) GAAP.--Each audit required under subsection (a) shall be 
conducted in accordance with generally accepted accounting procedures.
    (c) Report to Congress.--A copy of each audit required under 
subsection (a) shall be submitted to the appropriate committees of 
Congress.

SEC. 206. AUCTION OF SPECTRUM TO FUND THE INTEROPERABLE BROADBAND 
              NETWORK CONSTRUCTION FUND, THE OPERATION AND MAINTENANCE 
              FUND, AND THE NARROWBANDING COMPLIANCE ASSISTANCE 
              PROGRAM.

    (a) Reallocation of Spectrum.--Not later than 1 year after the date 
of enactment of this Act, the Assistant Secretary shall reallocate for 
commercial use electromagnetic spectrum at 1755-1780 megahertz.
    (b) Auction.--Not later than 18 months after the date of enactment 
of this Act, the Federal Communications Commission shall establish 
rules for pairing electromagnetic spectrum bands at 1755-1780 megahertz 
and 2155-2180 megahertz, inclusive, frequencies between 1780-1800 
megahertz and 2180-2200 megahertz, and the frequencies between 1915-
1920 megahertz and 2020-2025 megahertz, and auction the licenses for 
such paired spectrum in accordance with section 309(j) of the 
Communications Act of 1934 (47 U.S.C. 309(j)).

SEC. 207. NARROWBANDING ASSISTANCE.

    (a) In General.--The Secretary shall establish a Narrowbanding 
Compliance Assistance Program to assist eligible recipients in meeting 
the January 2, 2013, narrowbanding deadline established by the Federal 
Communications Commission.
    (b) Eligibility.--Public safety jurisdictions operating land mobile 
radio systems in the 150-512 megahertz radio bands are eligible to 
apply for funding from the Narrowbanding Compliance Assistance Program. 
Such applications must be submitted to the Secretary not later than six 
months after the completion of narrowbanding.
    (c) Allowable Uses.--Funding under the Narrowbanding Compliance 
Assistance Program may be used to reimburse eligible recipients for 
costs incurred from the purchase of 12.5 kHz technology.

SEC. 208. EXTENSION OF AUCTION AUTHORITY AND ASSURANCE OF OPEN 
              AUCTIONS.

    (a) Extension of Auction Authority.--Section 309(j)(11) of the 
Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by 
striking ``2012'' and inserting ``2020''.
    (b) Eligibility.--The Federal Communications Commission shall 
ensure that no bidder is deemed ineligible for or otherwise excluded 
from an auction specified in this Act, or any other competitive bidding 
process under section 309(j) of the Communications Act of 1934 (47 
U.S.C. 309(j)), on account of its size or amount of its other spectrum 
holdings.

SEC. 209. REPORT ON EFFICIENT USE OF PUBLIC SAFETY SPECTRUM.

    Not later than 3 years after the date of enactment of this Act and 
every 3 years thereafter, the Federal Communications Commission shall 
conduct a study and submit to the appropriate committees of Congress a 
report--
            (1) on the spectrum held by the public safety broadband 
        licensee;
            (2) on how efficiently such spectrum is being used; and
            (3) that provides a recommendation for whether more 
        spectrum needs to be made available to meet the needs of public 
        safety entities.

SEC. 210. REPORT ON LONG-TERM INTEROPERABILITY USING IP-BASED 
              SOLUTIONS.

    Not later than 2 years after the date of enactment of this Act, the 
Federal Communications Commission, in consultation with the Secretary 
and the Assistant Secretary, shall issue a report and order, after 
allowing time for notice and comment, including comment from public 
safety users, and shall submit such report to the appropriate 
committees of Congress, on whether Internet Protocol-enabled solutions 
could aid interoperability.
                                 <all>
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