I 
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) intro-
duced 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 agen-
cies, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 Sys-
tems Act of 2011’’ or the ‘‘HEROES Act of 2011’’. 
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(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 AS-
SIGNMENT OF PUBLIC SAFE-
TY LICENSES 
SEC. 101. FINDINGS. 
The Congress finds the following: 
(1) The communications capabilities of first re-
sponders and other public safety agencies directly af-
fect 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 re-
vealed, the inability of local, State, tribal, and Fed-
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eral first responders to communicate effectively dur-
ing 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 spec-
trum 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 re-
duce 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 (in-
cluding whether they require a dedicated commu-
nications 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 
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sacrificing the interoperability of the nationwide sys-
tem. 
(7) The most timely and cost-effective way to 
achieve nationwide interoperability in public safety 
communications will be to leverage commercial infra-
structure without compromising the mission-critical 
needs of public safety agencies. 
(8) The use by public safety agencies of stand-
ardized technologies commonly employed in the com-
mercial telecommunications sector will provide sig-
nificant 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 en-
courage any public safety licensee or spectrum lessee 
to consider using existing or planned commercial in-
frastructure. 
SEC. 102. ALLOCATION AND ASSIGNMENT OF PUBLIC SAFE-
TY 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 in-
serting ‘‘34’’; and 
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(2) in paragraph (2), by striking ‘‘36’’ and in-
serting ‘‘26’’. 
(b) ASSIGNMENT.—Section 337(b) of the Commu-
nications 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 elec-
tromagnetic 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 au-
thorization would expedite the deployment of 
public safety broadband communications. 
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‘‘(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 stand-
ards 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 li-
censed to the public safety broadband li-
censee; 
‘‘(iii) provide priority access to public 
safety agencies; 
‘‘(iv) be built to survive most large- 
scale disasters; 
‘‘(v) ensure that networks of such sys-
tems have the appropriate level of cyber se-
curity; 
‘‘(vi) ensure that authorized users 
have control over all local network uses 
consistent with rules established by the 
Commission; and 
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‘‘(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 en-
actment of the HEROES Act of 2011. 
‘‘(ii) REPORT.— 
‘‘(I) IN
GENERAL.—Not later 
than 60 days after the date of enact-
ment of the HEROES Act of 2011, 
the public safety broadband licensee 
shall submit a report to the appro-
priate committees of Congress on the 
phased network deployment plan of 
such spectrum bands. 
‘‘(II) DEFINITIONS.—For pur-
poses of subclause (I), the term ‘ap-
propriate committees of Congress’ 
means— 
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‘‘(aa) the Committee on 
Homeland Security and Govern-
mental Affairs of the Senate; 
‘‘(bb) the Committee on 
Commerce, Science, and Trans-
portation of the Senate; 
‘‘(cc) the Committee on En-
ergy 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 sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) RULEMAKING
REQUIRED.—The Commission 
shall establish regulations to— 
‘‘(1) authorize the shared use of the public safe-
ty broadband spectrum and network infrastructure 
by entities that are not defined as public safety serv-
ices in subsection (g)(1), subject to the requirement 
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that public safety services retain priority access to 
the spectrum, pursuant to procedures adopted by the 
Commission, so long as the needs of other govern-
mental entities needs are considered before commer-
cial entities; and 
‘‘(2) allow use of the public safety broadband 
spectrum by emergency response providers, as de-
fined in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101).’’. 
(d) DEFINITION.—Section 337(g) of the Communica-
tions 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 re-
designated, 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 adopt-
ed November 19, 2007 (FCC 07–199), by the Com-
mission to be the licensee for spectrum between 
763–768 and 793–798 megahertz. 
‘‘(2) 
PUBLIC
SAFETY
BROADBAND
SPEC-
TRUM.—The term ‘public safety broadband spec-
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trum’ 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 Commis-
sion, in consultation with the Director of the National In-
stitute of Standards and Technology, the Secretary of 
Homeland Security, the Attorney General, and local, 
State, tribal, and Federal public safety agencies, shall de-
velop 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— 
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(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 devel-
opments in the commercial marketplace; 
(4) the ability to accommodate prioritization for 
public safety transmissions; 
(5) the ability to accommodate appropriate se-
curity measures for public safety transmissions; and 
(6) any other considerations the Federal Com-
munications 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 other-
wise preempt the Federal Communication Commission’s 
Order adopted on November 19, 2007 (FCC 07–199), set-
ting 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 Fed-
eral Communications Commission, except that the fol-
lowing may, by rule or order, be modified by the Commis-
sion: 
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(1) Any organization seeking membership to the 
board of directors of the public safety broadband li-
censee 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 orga-
nizations: 
(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 Commu-
nications Officials, International. 
(K) National Emergency Management As-
sociation. 
(L) International Association of Emer-
gency Managers. 
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(M) Police Executive Research Forum. 
(N) National Criminal Justice Association. 
(O) National Association of Police Organi-
zations. 
(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 Emer-
gency Medical Service Officials. 
(W) National Emergency Medical Services 
Management Association. 
(X) International Municipal Signal Asso-
ciation. 
(Y) American Probation and Parole Asso-
ciation. 
(Z) National Governors Association. 
(AA) National Association of Counties. 
(BB) National League of Cities. 
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(CC) United States Conference of Mayors. 
(DD) Council of State Governments. 
(EE) International City/County Managers 
Association. 
(FF) National Conference of State Legis-
latures. 
(GG) National Association of Regional 
Councils. 
(HH) Utilities Telecom Council. 
(II) American Association of State High-
way Transportation Officials. 
(JJ) American Hospital Association. 
(KK) Forestry Conservation Communica-
tions Association. 
(LL) National Association of State 911 
Administrators. 
(MM) National Troopers Coalition. 
(NN) National Emergency Numbers Asso-
ciation. 
TITLE II—FUNDING 
SEC. 201. DEFINITIONS. 
In this title— 
(1) the term ‘‘Assistant Secretary’’ means the 
Assistant Secretary of Commerce for Communica-
tions and Information; 
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(2) the term ‘‘appropriate committees of Con-
gress’’ 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 Com-
merce 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 estab-
lished in the Treasury of the United States a 
fund to be known as the Public Safety Inter-
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operable 
Broadband 
Network 
Construction 
Fund. 
(B) PURPOSE.—The Secretary shall estab-
lish 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 imple-
ment 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 estab-
lished in the Treasury of the United States a 
fund to be known as the Public Safety Inter-
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operable Broadband Network Maintenance and 
Operation Fund. 
(B) PURPOSE.—The Secretary shall use 
the funds deposited in the Maintenance and Op-
eration Fund to carry out section 204. 
(3) NARROWBANDING COMPLIANCE ASSISTANCE 
PROGRAM.— 
(A) ESTABLISHMENT.—There is estab-
lished in the Treasury of the United States a 
fund to be known as the Narrowbanding Com-
pliance Assistance Program. 
(B) PURPOSE.—The Secretary shall use 
the funds deposited in the Narrowbanding Com-
pliance 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 pay-
ments from successful bidders) from the auction of the 
spectrum described in section 205 in the following man-
ner: 
(1) All proceeds less than or equal to 
$5,500,000,000 shall be deposited in the Construc-
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tion Fund and shall be made available to the Sec-
retary 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 CON-
STRUCTION.—The Secretary of the Treasury shall transfer 
to the Maintenance and Operation Fund any funds re-
maining 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 Sec-
retary 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 author-
ized 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). 
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(2) MAINTENANCE
AND
OPERATION
FUND.— 
There are authorized to be appropriated to the Sec-
retary 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 appro-
priations under paragraphs (1) and (2) may not ex-
ceed 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 ESTABLISH-
MENT.—The Secretary shall take such action as is nec-
essary to establish a grant program to assist public safety 
entities to establish a nationwide public safety interoper-
able broadband network in the 700 megahertz band. 
(b) PROJECTS.—The projects for which construction 
grants may be made under this section are the following: 
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(1) Construction of a new public safety inter-
operable broadband network using public safety in-
frastructure 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 Sec-
retary in consultation with the Chairman of the Fed-
eral 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 con-
tribution. 
(d) REQUIREMENTS.—Not later than 6 months after 
the date of enactment of this Act, the Secretary shall es-
tablish grant program requirements including the fol-
lowing: 
(1) Defining entities that are eligible to receive 
a grant under this section. 
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(2) Defining eligible costs for purposes of sub-
section (c)(1). 
(3) Determining the scope of network infra-
structure eligible for grant funding under this sec-
tion. 
(4) Conditioning grant funding on compliance 
with the Federal Communications Commission’s li-
cense terms. 
(5) Ensuring that all grant funds are in compli-
ance 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 en-
hance 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 REIMBURSE-
MENT PROGRAM.—The Secretary shall administer a pro-
gram through which not more than 50 percent of mainte-
nance and operational expenses associated with the public 
safety interoperable broadband network may be reim-
bursed from the Maintenance and Operation Fund for 
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those expenses that are attributable to the maintenance, 
operation, and improvement of the public safety interoper-
able broadband network. 
(b) REPORT.—Not later than 7 years after the com-
mencement of the reimbursement program established 
under subsection (a), the Secretary shall submit to Con-
gress a report on whether to continue to provide funding 
for the Maintenance and Operation Fund following com-
pletion 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 there-
after, 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 Net-
work Construction Fund established under section 
202(a)(1); 
(2) Public Safety Interoperable Broadband Net-
work 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. 
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(b) GAAP.—Each audit required under subsection 
(a) shall be conducted in accordance with generally accept-
ed accounting procedures. 
(c) REPORT TO CONGRESS.—A copy of each audit re-
quired under subsection (a) shall be submitted to the ap-
propriate committees of Congress. 
SEC. 206. AUCTION OF SPECTRUM TO FUND THE INTER-
OPERABLE 
BROADBAND 
NETWORK 
CON-
STRUCTION FUND, THE OPERATION AND 
MAINTENANCE FUND, AND THE NARROW-
BANDING COMPLIANCE ASSISTANCE PRO-
GRAM. 
(a) REALLOCATION OF SPECTRUM.—Not later than 
1 year after the date of enactment of this Act, the Assist-
ant Secretary shall reallocate for commercial use electro-
magnetic spectrum at 1755–1780 megahertz. 
(b) AUCTION.—Not later than 18 months after the 
date of enactment of this Act, the Federal Communica-
tions Commission shall establish rules for pairing electro-
magnetic 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 
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spectrum in accordance with section 309(j) of the Commu-
nications 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 Com-
munications Commission. 
(b) ELIGIBILITY.—Public safety jurisdictions oper-
ating land mobile radio systems in the 150–512 megahertz 
radio bands are eligible to apply for funding from the 
Narrowbanding Compliance Assistance Program. Such ap-
plications 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 ASSUR-
ANCE 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’’. 
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(b) ELIGIBILITY.—The Federal Communications 
Commission shall ensure that no bidder is deemed ineli-
gible 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 Com-
munications 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 Sec-
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retary, 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 appro-
priate committees of Congress, on whether Internet Pro-
tocol-enabled solutions could aid interoperability. 
Æ 
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