I 
111TH CONGRESS 
2D SESSION 
H. R. 5081 
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 
APRIL 20, 2010 
Mr. KING of New York (for himself, Ms. CLARKE, Mrs. MILLER of Michigan, 
Mr. CAO, and Mr. ROGERS of Alabama) 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 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. 
This Act may be cited as the ‘‘Broadband for First 
Responders Act of 2010’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
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(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-
eral first responders to communicate effectively dur-
ing an emergency impairs operations and the ability 
to mitigate 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 is the only assured way of meeting 
public safety’s needs for sufficient spectrum and 
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would help reduce the complexity and future oper-
ating 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 needs without sacri-
ficing the interoperability of the system as a whole. 
(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. 
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SEC. 3. 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 in-
serting ‘‘34’’; and 
(2) in paragraph (2), by striking ‘‘36’’ and in-
serting ‘‘26’’. 
(b) ASSIGNMENT.—Section 337(b) of such Act (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 Broadband for 
First Responders Act of 2010, the Commission shall 
allocate the paired electromagnetic spectrum bands 
of 758–763 megahertz and 788–793 megahertz for 
public safety broadband communications and shall 
assign such paired bands to public safety. 
‘‘(2) ESTABLISHMENT OF RULES.— 
‘‘(A) IN GENERAL.—The Commission shall 
establish rules to permit a 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 
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