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3 Senators Back D Block Reallocation for Public-Safety Broadband (7/22/10)
Public safety won support from three key senators Wednesday to reallocate the 700 MHz D block spectrum to public safety instead of auctioning it under the current FCC plan.

First, Sens. John McCain and Joe Lieberman introduced companion legislation in the Senate to Rep. Pete King’s H.R.5081 Broadband for First Responders Act of 2010 legislation, which has 53 cosponsors and has been referred to the House Committee on Energy and Commerce. McCain’s and Lieberman’s First Responders Protection Act of 2010 would also give the public-safety community the D block spectrum, rather than allowing the FCC to auction the spectrum to a commercial carrier and use the proceeds to fund a public-safety network. The FCC is slated to auction the D block in 2011.

“Our legislation provides the spectrum and funding to first responders, while being fiscally responsible and ensuring local control and conscientious governance,” McCain said.

The First Responders Protection Act of 2010 would:

    • Require the FCC to license the 700 MHz D block spectrum to the public-safety broadband licensee (PSBL) that holds the license for 10 megahertz already allocated to public safety. “This would place a single public-safety licensee in control of all public-safety spectrum in the 700 MHz band,” said a statement.

    • Direct $5.5 billion in revenue from the auction of a different block of spectrum to commercial interests to support the construction of towers, transmission facilities, and equipment for the new public-safety network. Another $5.5 billion in auction proceeds would help cover recurring maintenance and operational costs.

Separately, Sen. John (Jay) Rockefeller IV, chairman of the Senate Commerce, Science, and Transportation Committee, said he plans to release spectrum policy legislation that includes reallocating the D block to public safety.

“The Public Safety Spectrum and Wireless Innovation Act will also provide public safety with an additional 10 megahertz of spectrum to support a national, interoperable wireless broadband network that will help protect people and keep them from harm,” Rockefeller said. “But more than that, by providing authority for incentive auctions, this legislation will offer a revenue stream to assist public safety with the construction and development of their network.”

A Senate Commerce Committee spokeswoman confirmed that Rockefeller’s bill would reallocate the D block to public safety instead of direct the FCC to auction the spectrum.

Rockefeller’s bill also gives the FCC authority to hold “incentive auctions” to pay broadcasters to give up spectrum for wireless broadband. “This proposal will not require the return of spectrum from existing commercial users, but will instead provide them with a voluntary opportunity to realize a portion of auction revenues if they wish to facilitate putting spectrum to new and productive uses,” he said.

The Association of Public-Safety Communications Officials (APCO) International applauded both actions. The Public Safety Alliance — a consortium of public-safety associations — and the National Public Safety Telecommunications Council (NPSTC) both released statements supporting the Rockefeller legislation plans.

FCC officials said they plan to comply with whatever legislation is passed, saying Rockefeller’s plan allows the country to move “one step closer to a nationwide public-safety broadband network.” A senior FCC official said the plan “is a step forward in getting significant funding” for a public-safety network.

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