S 744 ISCommentsClose CommentsPermalink

To provide greater public safety by making more spectrum available to public safety, to establish the Public Safety Interoperable Communications Working Group to provide standards for public safety spectrum needs, and for other purposes.CommentsClose CommentsPermalink

March 1, 2007

Mr. MCCAIN introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

To provide greater public safety by making more spectrum available to public safety, to establish the Public Safety Interoperable Communications Working Group to provide standards for public safety spectrum needs, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Spectrum Availability for Emergency-Response and Law-Enforcement to Improve Vital Emergency Services Act' or the `SAVE LIVES Act'.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--USER-DRIVEN APPROACH TO SOLVING PUBLIC SAFETY INTEROPERABILITY

Sec. 101. Establishment of the Public Safety Interoperable Communications Working Group.CommentsClose CommentsPermalink

TITLE II--STATE, LOCAL, AND REGIONAL INTEROPERABLE VOICE AND DATA NETWORK

Sec. 201. Sense of the Congress.CommentsClose CommentsPermalink





Sec. 202. Allowing for data transmission on the public safety bands.CommentsClose CommentsPermalink

TITLE III--NATIONAL INTEROPERABLE BROADBAND NETWORK

Sec. 301. Sense of the Congress.CommentsClose CommentsPermalink





Sec. 302. Preparing for auction.CommentsClose CommentsPermalink





Sec. 303. Responsibilities of successful bidders for certain spectrum.CommentsClose CommentsPermalink





Sec. 304. Reversionary license to Public Safety Broadband Trust.CommentsClose CommentsPermalink





Sec. 305. Loan guarantees.CommentsClose CommentsPermalink





Sec. 306. Rule of construction.CommentsClose CommentsPermalink

TITLE IV--LONG-TERM STRATEGY FOR INTEROPERABILITY

Sec. 401. Report on efficient use of public safety band.CommentsClose CommentsPermalink





Sec. 402. Report on long-term interoperability by consolidating band use.CommentsClose CommentsPermalink





Sec. 403. Report on long-term interoperability using IP-based solutions.CommentsClose CommentsPermalink

TITLE I--USER-DRIVEN APPROACH TO SOLVING PUBLIC SAFETY INTEROPERABILITY

SEC. 101. ESTABLISHMENT OF THE PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS WORKING GROUP.

(a) Establishment- Not later than 30 days after the date of the enactment of this Act, the Chairman of the Federal Communications Commission and the Secretary of Homeland Security shall jointly establish a Public Safety Interoperable Communications Working Group (in this Act referred to as the `Working Group') to provide continuing advice and counsel to the Chairman and the Secretary with respect to public safety interoperable communications.CommentsClose CommentsPermalink





(b) Membership- The Working Group established under subsection (a) shall consist of the following:CommentsClose CommentsPermalink





(1) NON-FEDERAL MEMBERS- The following individuals, or their respective designees, shall serve as non-federal members:CommentsClose CommentsPermalink





(A) The President of the Association of Public-Safety Communications Officials--International.CommentsClose CommentsPermalink





(B) The President of the Fraternal Order of Police National Lodge.CommentsClose CommentsPermalink





(C) The President of the International Association of Chiefs of Police.CommentsClose CommentsPermalink





(D) The President of the International Association of Fire Fighters.CommentsClose CommentsPermalink





(E) The President of the International Association of Fire Chiefs, Inc.CommentsClose CommentsPermalink





(F) The President of the National Association of Counties.CommentsClose CommentsPermalink





(G) The President of the Major Cities Chiefs Association.CommentsClose CommentsPermalink





(H) The President of the Major County Sheriffs' Association.CommentsClose CommentsPermalink





(I) The President of the National Emergency Number Association.CommentsClose CommentsPermalink





(J) The President of the National Association of State EMS Officials.CommentsClose CommentsPermalink





(K) The Chair of the National Governors Association.CommentsClose CommentsPermalink





(L) The President of the National League of Cities.CommentsClose CommentsPermalink





(M) The President of the National Sheriffs' Association.CommentsClose CommentsPermalink





(N) The Chair of the National Volunteer Fire Council.CommentsClose CommentsPermalink





(O) The President of the United States Conference of Mayors.CommentsClose CommentsPermalink





(P) The President of the Metropolitan Fire Chiefs Association.CommentsClose CommentsPermalink





(Q) The President of the International Municipal Signal Association.CommentsClose CommentsPermalink





(R) 4 members to be elected by a majority of members described in subparagraphs (A) through (Q)--CommentsClose CommentsPermalink





(i) at least 1 of whom shall be a representative of the critical infrastructure industry; andCommentsClose CommentsPermalink





(ii) at least 2 of whom shall be a persons with experience in the commercial wireless industry.CommentsClose CommentsPermalink





(2) FEDERAL MEMBERS-CommentsClose CommentsPermalink





(A) IN GENERAL- The following individuals, or their respective designees, shall serve as Federal members:CommentsClose CommentsPermalink





(i) The Chairman of the Federal Communications Commission.CommentsClose CommentsPermalink





(ii) The Secretary of Commerce.CommentsClose CommentsPermalink





(iii) The Secretary of Homeland Security.CommentsClose CommentsPermalink





(iv) The Secretary of Defense.CommentsClose CommentsPermalink





(v) The Secretary of Transportation.CommentsClose CommentsPermalink





(vi) The Attorney General of the United States.CommentsClose CommentsPermalink





(B) ATTENDANCE AT MEETINGS- Any Federal member may appoint a subordinate officer of their agency to attend meetings of the Working Group on the behalf of such member.CommentsClose CommentsPermalink





(c) Duties of the Working Group- The duties of the Working Group are as follows:CommentsClose CommentsPermalink





(1) To create, and report to the Federal Communications Commission, not later than August 1, 2007, specifications for the development of a national public safety broadband network on the 30MHz band of recovered analog spectrum (encompassing that part of the electromagnetic spectrum between 747 megahertz and 762 megahertz and 777 megahertz and 792 megahertz) reclaimed by the Federal Communications Commission under section 3003 of the Digital Television Transition and Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 22) in preparation for the auction of such spectrum by January 28, 2008, including--CommentsClose CommentsPermalink





(A) establishing appropriate build timetables, coverage areas, service levels, performance criteria, and other similar matters for the deployment of such network to ensure that such network will meet mission-critical public safety communications requirements;CommentsClose CommentsPermalink





(B) setting forth specific performance criteria that ensures such network will receive support reliability along with security and redundancy at every level of network performance;CommentsClose CommentsPermalink





(C) reviewing and approving open standards for equipment and usage that will support upgrade and technology development on such network;CommentsClose CommentsPermalink





(D) considering the use of `commercial off-the-shelf' solutions that may promote competition between multiple equipment vendors that may result in lower prices for public safety users of such network;CommentsClose CommentsPermalink





(E) establishing terms of service for the use of such network that--CommentsClose CommentsPermalink





(i) permits public safety users to preempt use on such network in the event of a national emergency;CommentsClose CommentsPermalink





(ii) provides capacity throughput latency; andCommentsClose CommentsPermalink





(iii) allows such network the ability to support large numbers of users in a cell in the event of a national emergency;CommentsClose CommentsPermalink





(F) providing that any equipment or applications used on such network is interoperable with broadband equipment or applications used on the 24 MHz band of spectrum (encompassing that part of the electromagnetic spectrum between 764 megahertz and 776 megahertz and 794 megahertz and 806 megahertz) allocated to public safety services under section 337(a)(1) of the Communications Act of 1934 (47 U.S.C. 337(a)(1));CommentsClose CommentsPermalink





(G) establishing a user fee schedule that takes into consideration the limited resources of State, local, and tribal governments;CommentsClose CommentsPermalink





(H) assessing, in partnership with any licensee of any part of such network, network construction and testing; andCommentsClose CommentsPermalink





(I) performing compliance review and monitoring of such network, in partnership with the licensee of any part of such network.CommentsClose CommentsPermalink





(2) To assess the performance of the licensee of any part of such network over the term of the license granted to such licensee.CommentsClose CommentsPermalink





(3) To advise and report to the Federal Communications Commission whether such licensee is complying with the requirements of the license granted to such licensee.CommentsClose CommentsPermalink





(4) To take such other action as the Working Group may from time to time determine to be necessary, appropriate, or advisable to accomplish the purposes of this Act.CommentsClose CommentsPermalink





(d) Management of Working Group-CommentsClose CommentsPermalink





(1) CHAIRPERSON-CommentsClose CommentsPermalink





(A) IN GENERAL- The representatives of the non-federal members appointed under subsection (b)(1) shall elect 1 non-federal member to serve as Chairperson of the Working Group.CommentsClose CommentsPermalink





(B) TERM OF CHAIRPERSON- The Chairperson elected under subparagraph (A) shall serve a 1-year term, with the representative of the Association of Public-Safety Communications Officials--International serving the initial term of Chairperson until the first election under subparagraph (A) occurs.CommentsClose CommentsPermalink





(C) NON-ELIGIBLE MEMBERS- Non-federal members appointed pursuant to subsection (b)(1)(R) are not eligible to serve as Chairperson of the Working Group.CommentsClose CommentsPermalink





(2) PERIOD OF APPOINTMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- Each member of the Working Group shall be appointed for the life of the Working Group.CommentsClose CommentsPermalink





(B) VACANCIES- A vacancy on the Working Group shall not affect its powers, but shall be filled in the same manner as the original appointment was made.CommentsClose CommentsPermalink





(3) MEETINGS- After its initial meeting, the Working Group shall meet at the call of its Chairperson or a majority of its members at any time.CommentsClose CommentsPermalink





(4) QUORUM-CommentsClose CommentsPermalink





(A) MAJORITY- 12 members of the Working Group shall constitute a quorum, but a lesser number may hold hearings.CommentsClose CommentsPermalink





(B) APPROVAL ACTIONS- All recommendations and reports of the Working Group required by this Act shall be approved only by a majority vote of a quorum of the Working Group.CommentsClose CommentsPermalink





(5) TRAVEL EXPENSES- Members of the Working Group shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for persons employed intermittently by the Federal Government under section 5703(b) of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Working Group.CommentsClose CommentsPermalink





(6) ASSISTANCE FROM FEDERAL AGENCIES-CommentsClose CommentsPermalink





(A) IN GENERAL- The Federal Communications Commission and the Department of Homeland Security shall, jointly, furnish to the Working Group clerical, administrative, and other assistance for the performance of the functions of the Working Group.CommentsClose CommentsPermalink





(B) OTHER DEPARTMENTS AND AGENCIES- In addition to the assistance prescribed under subparagraph (A), departments and agencies of the United States may provide to the Working Group such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law.CommentsClose CommentsPermalink





(7) FACA NOT APPLICABLE- The Working Group shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App. 2).CommentsClose CommentsPermalink





(8) PUBLIC MEETINGS AND REPORTS- The Working Group shall--CommentsClose CommentsPermalink





(A) to the extent appropriate, and in the discretion of the Working Group, open its hearings and meetings to the public; andCommentsClose CommentsPermalink





(B) make broadly available to the public at no cost any report of the Working Group.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There are authorized to be appropriated to carry out the provisions of this section $500,000 for each of fiscal years 2008 through 2013.CommentsClose CommentsPermalink

TITLE II--STATE, LOCAL, AND REGIONAL INTEROPERABLE VOICE AND DATA NETWORK

SEC. 201. SENSE OF THE CONGRESS.

It is the sense of Congress that the 24 MHz band of spectrum (encompassing that part of the electromagnetic spectrum between 764 megahertz and 776 megahertz and 794 megahertz and 806 megahertz) allocated to public safety services under section 337(a)(1) of the Communications Act of 1934 (47 U.S.C. 337(a)(1)) should be used by State, local, and regional public safety organizations for interoperable voice and data communications.CommentsClose CommentsPermalink

SEC. 202. ALLOWING FOR DATA TRANSMISSION ON THE PUBLIC SAFETY BANDS.

(a) FCC Proceeding on Data Transmission- Not later than 30 days after the date of enactment of this Act, the Federal Communications Commission shall--CommentsClose CommentsPermalink





(1) complete its Eighth Notice of Proposed Rulemaking In the Matter of Implementing a Nationwide, Broadband, Interoperable Public Safety Network in the 700MHz Band; Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Communication Requirements Through the Year 2010 (PS Docket No. 06-229; WT Docket No. 96-86); andCommentsClose CommentsPermalink





(2) issue rules allowing certain channels within the current 24 MHz band of public safety spectrum (encompassing that part of the electromagnetic spectrum between 764 megahertz and 776 megahertz and 794 megahertz and 806 megahertz) to accommodate data communications.CommentsClose CommentsPermalink

TITLE III--NATIONAL INTEROPERABLE BROADBAND NETWORK

SEC. 301. SENSE OF THE CONGRESS.

It is the sense of Congress that the 30MHz band of recovered analog spectrum (encompassing that part of the electromagnetic spectrum between 747 megahertz and 762 megahertz and 777 megahertz and 792 megahertz) reclaimed by the Federal Communications Commission under section 3003 of the Digital Television Transition and Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 22) in preparation for the auction of such spectrum by January 28, 2008, should be available to Federal, State, local, and regional public safety organizations (including all Federal agencies, such as the Department of Defense, the Federal Bureau of Investigation, the Federal Emergency Management Agency, the United States Secret Service, and the United States Marshals Service) for a national, interoperable broadband network.CommentsClose CommentsPermalink

SEC. 302. PREPARING FOR AUCTION.

(a) In General- Not later than 45 days after the date of enactment of this Act, the Federal Communications Commission shall issue a notice of proposed rulemaking to determine how the spectrum described in section 301 should be allocated for auction. The rulemaking shall be completed by July 1, 2007.CommentsClose CommentsPermalink





(b) Content of Notice- In the notice required under subsection (a), the Federal Communications Commission shall--CommentsClose CommentsPermalink





(1) ask for comments on the proposed auction; andCommentsClose CommentsPermalink





(2) consider--CommentsClose CommentsPermalink





(A) the financial, technical, competitive, and public safety merits of re-banding such spectrum into three 10 MHz bands of paired 5 MHz channels for auction; andCommentsClose CommentsPermalink





(B) whether such spectrum is better auctioned--CommentsClose CommentsPermalink





(i) as one band of 30 MHz with two paired channels of 15 MHz; orCommentsClose CommentsPermalink





(ii) any other configuration not described in clause (i) or subparagraph (A).CommentsClose CommentsPermalink





(c) Report of the Working Group- Not later than August 2, 2007, the Federal Communications Commission shall make available to the public, for notice and comment, the report of the Working Group (relating to specifications for a national public safety broadband network) required under section 101(c)(1).CommentsClose CommentsPermalink





(d) Final Specifications-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than November 1, 2007, the Federal Communications Commission shall issue, based on the report received from the Working Group described in subsection (c), a final report establishing the specifications for a national public safety broadband network.CommentsClose CommentsPermalink





(2) REQUIRED CONTENT- The final specifications required under paragraph (1) shall set forth the rules of any auction of the spectrum described in section 301, including that any license granted by the Federal Communications Commission for the use of any part of such spectrum is conditioned on the bidder for such spectrum agreeing to implement and comply with the specifications established under paragraph (1).CommentsClose CommentsPermalink

SEC. 303. RESPONSIBILITIES OF SUCCESSFUL BIDDERS FOR CERTAIN SPECTRUM.

(a) Required Use of Specifications Produced by Working Group- Any successful bidder for any part of the spectrum described in section 301 shall, prior to making a bid for such spectrum, agree to implement and comply with the specifications concerning the development of a national public safety broadband network established by the Federal Communications Commission under section 302(d)(1).CommentsClose CommentsPermalink





(b) Duty of the FCC- The Federal Communications Commission shall enforce the requirement under subsection (a) in order to ensure compliance by any successful bidder.CommentsClose CommentsPermalink





(c) Reports by FCC-CommentsClose CommentsPermalink





(1) DEVELOPMENT OF NETWORK- Not later than January 28, 2010, the Federal Communications Commission, in conjunction with the Secretary of Homeland Security, shall report to Congress on the development of such a national public safety broadband network, including a description of the successes and failures of the successful bidder in implementing the provisions of this section.CommentsClose CommentsPermalink





(2) COMPLIANCE BY WINNING BIDDER- Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Federal Communications Commission shall report to Congress on the compliance of the successful bidder for the spectrum described under section 301 in implementing and adhering to the specifications established by the Commission under section 302(d)(1).CommentsClose CommentsPermalink

SEC. 304. REVERSIONARY LICENSE TO PUBLIC SAFETY BROADBAND TRUST.

(a) In General- In the event that the auction of the 30MHz band of recovered analog spectrum (encompassing that part of the electromagnetic spectrum between 747 megahertz and 762 megahertz and 777 megahertz and 792 megahertz) reclaimed by the Federal Communications Commission under section 3003 of the Digital Television Transition and Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 22) does not produce a successful bidder, the Federal Communications Commission may grant a license for the use of such spectrum to the Public Safety Broadband Trust Corporation established under subsection (b).CommentsClose CommentsPermalink





(b) Public Safety Broadband Trust Corporation-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is authorized to be established a private, nonprofit corporation, to be known as the `Public Safety Broadband Trust Corporation' (referred to in this Act as the `Corporation'), which is neither an agency nor establishment of the United States Government or the District of Columbia Government.CommentsClose CommentsPermalink





(2) APPLICATION OF PROVISIONS- The Corporation shall be subject to the provisions of this section, and, to the extent consistent with this section, to the District of Columbia Nonprofit Corporation Act (sec. 29-301.01 et seq., D.C. Official Code).CommentsClose CommentsPermalink





(3) RESIDENCE- The Corporation shall have its place of business in the District of Columbia and shall be considered, for purposes of venue in civil actions, to be a resident of the District of Columbia.CommentsClose CommentsPermalink





(4) POWERS UNDER DC ACT- In order to carry out the duties and activities of the Corporation, the Corporation shall have the usual powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act.CommentsClose CommentsPermalink





(5) BOARD OF DIRECTORS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Corporation shall have a Board of Directors (referred to in this Act as the `Board'), which shall consist of the following members:CommentsClose CommentsPermalink





(i) NON-FEDERAL MEMBERS- The following individuals, or their respective designees, shall serve as non-federal members:CommentsClose CommentsPermalink





(I) The President of the Association of Public-Safety Communications Officials--International.CommentsClose CommentsPermalink





(II) The President of the Fraternal Order of Police National Lodge.CommentsClose CommentsPermalink





(III) The President of the International Association of Chiefs of Police.CommentsClose CommentsPermalink





(IV) The President of the International Association of Fire Fighters.CommentsClose CommentsPermalink





(V) The President of the International Association of Fire Chiefs, Inc.CommentsClose CommentsPermalink





(VI) The President of the National Association of Counties.CommentsClose CommentsPermalink





(VII) The President of the Major Cities Chiefs Association.CommentsClose CommentsPermalink





(VIII) The President of the Major County Sheriffs' Association.CommentsClose CommentsPermalink





(IX) The President of the National Emergency Number Association.CommentsClose CommentsPermalink





(X) The President of the National Association of State EMS Officials.CommentsClose CommentsPermalink





(XI) The Chair of the National Governors Association.CommentsClose CommentsPermalink





(XII) The President of the National League of Cities.CommentsClose CommentsPermalink





(XIII) The President of the National Sheriffs' Association.CommentsClose CommentsPermalink





(XIV) The Chair of the National Volunteer Fire Council.CommentsClose CommentsPermalink





(XV) The President of the United States Conference of Mayors.CommentsClose CommentsPermalink





(XVI) The President of the Metropolitan Fire Chiefs Association.CommentsClose CommentsPermalink





(XVII) The President of the International Municipal Signal Association.CommentsClose CommentsPermalink





(XVIII) 4 members to be elected by a majority of members described in subclauses (I) through (XVII)--CommentsClose CommentsPermalink

(aa) at least 1 of whom shall be a representative of the critical infrastructure industry; andCommentsClose CommentsPermalink

(bb) at least 2 of whom shall be a persons with experience in the commercial wireless industry.CommentsClose CommentsPermalink

(ii) FEDERAL MEMBERS-CommentsClose CommentsPermalink





(I) IN GENERAL- The following individuals, or their respective designees, shall serve as Federal members:CommentsClose CommentsPermalink

(aa) The Chairman of the Federal Communications Commission.CommentsClose CommentsPermalink

(bb) The Secretary of Commerce.CommentsClose CommentsPermalink

(cc) The Secretary of Homeland Security.CommentsClose CommentsPermalink

(dd) The Secretary of Defense.CommentsClose CommentsPermalink

(ee) The Secretary of Transportation.CommentsClose CommentsPermalink

(ff) The Attorney General of the United States.CommentsClose CommentsPermalink

(B) TERM-CommentsClose CommentsPermalink





(i) LENGTH- The term of office of each non-federal member of the Board shall be 4 years. Each Federal member of the Board shall serve as member of the Board for the life of the Corporation.CommentsClose CommentsPermalink





(ii) EXPIRATION OF TERM- Any member whose term has expired may serve until such member's successor has taken office, or until the end of the calendar year in which such member's term has expired, whichever is earlier.CommentsClose CommentsPermalink





(iii) VACANCIES- Any member appointed to fill a vacancy prior to the expiration of the term for which such member's predecessor was appointed shall be appointed for the remainder of such term.CommentsClose CommentsPermalink





(C) VACANCIES NOT TO AFFECT POWER OF BOARD- A vacancy on the Board shall not affect its powers, but shall be filled in the same manner as the original appointment was made.CommentsClose CommentsPermalink





(D) ELECTION OF CHAIRMAN; ELECTION OF EXECUTIVE COMMITTEE; COMPENSATION OF BOARD MEMBERS-CommentsClose CommentsPermalink





(i) CHAIRMAN- All members of the Board shall annually elect one of their members to be Chairman, and elect one or more of their members as a Vice Chairman or Vice Chairmen.CommentsClose CommentsPermalink





(ii) EXECUTIVE COMMITTEE-CommentsClose CommentsPermalink





(I) IN GENERAL- All members of the Board shall elect, on annual basis, 7 of their members to serve on an Executive Committee.CommentsClose CommentsPermalink





(II) REQUIRED REPRESENTATION- Of the 7 members elected under subclause (I), at least one representative shall be elected from--CommentsClose CommentsPermalink

(aa) the law enforcement community;CommentsClose CommentsPermalink

(bb) the fire services community; andCommentsClose CommentsPermalink

(cc) the community of State and local government entities.CommentsClose CommentsPermalink

(III) LIMITATION- No more than 2 of the members of the Executive Committee may be Federal members of the Board.CommentsClose CommentsPermalink





(E) NOT OFFICERS OR EMPLOYEES- The non-federal members of the Board shall not, by reason of such membership, be considered to be officers or employees of the United States Government or of the District of Columbia Government.CommentsClose CommentsPermalink





(F) TRAVEL EXPENSES- While away from home or regular place of business in the performance of duties for the Board, each member of the Board may receive reasonable travel, subsistence, and other necessary expenses.CommentsClose CommentsPermalink





(G) OFFICERS AND EMPLOYEES-CommentsClose CommentsPermalink





(i) PRESIDENT- The Corporation shall have a President, and such other officers as may be named and appointed by the Board for terms, and at rates of compensation fixed by the Board.CommentsClose CommentsPermalink





(ii) LIMITATION ON RATE OF PAY- No officer or employee of the Corporation may be compensated by the Corporation at an annual rate of pay which exceeds the rate of basic pay in effect from time to time for level I of the Executive Schedule under section 5312 of title 5, United States Code.CommentsClose CommentsPermalink





(iii) CITIZENSHIP REQUIREMENT- No individual other than a citizen of the United States may be an officer of the Corporation.CommentsClose CommentsPermalink





(iv) OUTSIDE SOURCES OF COMPENSATION- No officer of the Corporation, other than the Chairman or a Vice Chairman, may receive any salary or other compensation (except for compensation for services on boards of directors of other organizations that do not receive funds from the Corporation, on committees of such boards, and in similar activities for such organizations) from any sources other than the Corporation for services rendered during the period of his or her employment by the Corporation.CommentsClose CommentsPermalink





(v) ADVANCE APPROVAL FOR OUTSIDE SERVICE- Service by any officer on boards of directors of other organizations, on committees of such boards, and in similar activities for such organizations shall be subject to--CommentsClose CommentsPermalink





(I) annual advance approval by the Board; andCommentsClose CommentsPermalink





(II) the provisions of the Corporation's Statement of Ethical Conduct.CommentsClose CommentsPermalink





(vi) AT WILL EMPLOYMENT- All officers shall serve at the pleasure of the Board.CommentsClose CommentsPermalink





(vii) QUALIFICATION- No political test or qualification may be used in selecting, appointing, promoting, or taking other personnel actions with respect to officers, agents, or employees of the Corporation.CommentsClose CommentsPermalink





(H) NONPROFIT AND NONPOLITICAL NATURE OF THE CORPORATION-CommentsClose CommentsPermalink





(i) NO POWER TO ISSUE STOCK OR DECLARE DIVIDENDS- The Corporation shall have no power to issue shares of stock, or to declare or pay any dividends.CommentsClose CommentsPermalink





(ii) NO BENEFIT- No part of the income or assets of the Corporation shall inure to the benefit of any officer, employee, or any other individual associated with the Corporation, except as salary or reasonable compensation for services.CommentsClose CommentsPermalink





(iii) POLITICAL ACTIVITY- The Corporation may not contribute to or otherwise support any political party or candidate for elective public office.CommentsClose CommentsPermalink





(I) INCORPORATION- The members of the initial Board shall serve as incorporators and shall take whatever steps are necessary to establish the Corporation under the District of Columbia Nonprofit Corporation Act (sec. 29-301.01 et seq., D.C. Official Code).CommentsClose CommentsPermalink





(J) MEETINGS OF THE BOARD- All meetings of the Board, including any committee of the Board, shall be open to the public, except for meetings--CommentsClose CommentsPermalink





(i) regarding personnel matters; andCommentsClose CommentsPermalink





(ii) that, in the discretion of the Board or the Executive Committee, should be conducted in closed session for the purpose of guarding sensitive commercial information or national security interests.CommentsClose CommentsPermalink





(c) Duties of the Corporation- The Corporation may--CommentsClose CommentsPermalink





(1) obtain, through purchase, a license from the Federal Communications Commission for the use of the 30MHz band of recovered analog spectrum (encompassing that part of the electromagnetic spectrum between 747 megahertz and 762 megahertz and 777 megahertz and 792 megahertz) reclaimed by the Federal Communications Commission under section 3003 of the Digital Television Transition and Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 22) and reserved for the public safety;CommentsClose CommentsPermalink





(2) facilitate the development of a national public safety broadband network, including by the promotion of a single, open, advanced technology standard for such network;CommentsClose CommentsPermalink





(3) hold and commit to use any license obtained under paragraph (1) for the benefit of the public safety community throughout the United States;CommentsClose CommentsPermalink





(4) establish such arrangements as the Board may determine appropriate to afford public safety entities priority in the use of such network over all other network users;CommentsClose CommentsPermalink





(5) assist in the development of a business model that stimulates competition and innovation while attempting to achieve self-sustenance through the auctioning, in conjunction with the Federal Communications Commission, of spectrum relating to the license obtained under paragraph (1) to commercial entities, provided that 10 percent of the revenues from any such auction be deposited in any reserve accounts established under paragraph (9);CommentsClose CommentsPermalink





(6) require such commercial entities to construct, manage, and operate a network--CommentsClose CommentsPermalink





(A) that meets specifications established by the Working Group under section 101(c); andCommentsClose CommentsPermalink





(B) that shall be subject to the approval of the Federal Communications Commission;CommentsClose CommentsPermalink





(7) encourage such commercial entities to invest in and improve advanced mobile broadband services;CommentsClose CommentsPermalink





(8) incur indebtedness to carry out the purposes of this Act;CommentsClose CommentsPermalink





(9) establish reserve accounts with funds that the Corporation may receive from time to time that exceed the amounts required by the Corporation to timely pay its debt service and other obligations;CommentsClose CommentsPermalink





(10) expend the funds placed in any reserve accounts established under paragraph (9) (including interest earned on any such amounts) in a manner authorized by the Board, but only for purposes that--CommentsClose CommentsPermalink





(A) will advance or enhance public safety communications; orCommentsClose CommentsPermalink





(B) are otherwise approved by an Act of Congress; andCommentsClose CommentsPermalink





(11) accept donations, contributions, and grants from supporters and providers of public safety services.CommentsClose CommentsPermalink





(d) Authorized Activities- In order to carry out the duties required under subsection (c), the Corporation may--CommentsClose CommentsPermalink





(1) issue notes or bonds to purchasers of such instruments in the private capital markets;CommentsClose CommentsPermalink





(2) take such steps as the Corporation determines necessary or appropriate to discharge its responsibilities and perform its tasks relating to the intended construction, operation, and oversight of a national broadband network for public safety, including--CommentsClose CommentsPermalink





(A) establishing appropriate build timetables, coverage areas, service levels, performance criteria, and other similar matters for the deployment of such network;CommentsClose CommentsPermalink





(B) reviewing and approving the terms of any licenses for use of the spectrum relating to the license obtained from the Federal Communications Commission under subsection (c)(1);CommentsClose CommentsPermalink





(C) conducting and supervising system and network testing; andCommentsClose CommentsPermalink





(D) engaging in, or arranging for, ongoing compliance review and monitoring of the--CommentsClose CommentsPermalink





(i) network; andCommentsClose CommentsPermalink





(ii) practices and procedures of the commercial entities operating on such network;CommentsClose CommentsPermalink





(3) select, and contract for the services of, an agent which, on behalf of the Corporation, and subject to the direction, policy oversight, and supervision of the Corporation (through its Board), would be empowered to conduct any and all aspects of the process that the Corporation determines to be necessary, appropriate, or advisable to establish and enter into commercial arrangements to build, operate, and manage the network, including leases by commercial service providers for usage rights in that part of the spectrum relating to the license obtained from the Federal Communications Commission under subsection (c)(1);CommentsClose CommentsPermalink





(4) hire or accept the voluntary services of consultants, experts, agents (in addition to the agent described in paragraph (3)), advisory boards, and panels to aid the Corporation in carrying out the purpose of this section; andCommentsClose CommentsPermalink





(5) take such other actions as the Board may from time to time determine necessary, appropriate, or advisable to accomplish the purposes of this section.CommentsClose CommentsPermalink





(e) Selection of Agents, Consultants, and Experts- The Corporation shall select parties to serve as its agents, consultants, or experts in a fair, transparent, and objective manner.CommentsClose CommentsPermalink





(f) Rule of Construction- Nothing in this subsection shall be construed to commit the Federal Government to provide any sums for the payment of any obligation of the Corporation which exceeds amounts provided in advance in a relevant appropriations Act.CommentsClose CommentsPermalink





(g) Civil Liability-CommentsClose CommentsPermalink





(1) LIMITED LIABILITY- The liability of the Corporation, its employees and volunteers, in any court of any State or the United States, shall be limited as provided in the District of Columbia Nonprofit Corporation Act.CommentsClose CommentsPermalink





(2) EXTENSION OF LIMITATION-CommentsClose CommentsPermalink





(A) IN GENERAL- Any director, officer, employee, or agent of the Corporation not otherwise provided for under paragraph (1), including any agent described in subsection (d)(3), is entitled to the same limitations of liability afforded under paragraph (1).CommentsClose CommentsPermalink





(B) COMMERCIAL ENTITIES- Any commercial entity described in subsection (d)(3), including the directors, officers, and employees of such entity, shall not be liable in any court of any State or the United States in connection with any injury or damages arising out of the use of that part of spectrum reserved for public safety services, except to the extent that the public safety personnel using such spectrum would be liable for such injury or damages.CommentsClose CommentsPermalink





(h) Report to Congress-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Corporation shall submit, directly to the President for review and transmittal to Congress on or before the 15th day of May of each year, an annual report covering the preceding fiscal year.CommentsClose CommentsPermalink





(2) REQUIRED CONTENT- The report required under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a comprehensive and detailed report of the operations, activities, financial condition, and accomplishments of the Corporation under this section; andCommentsClose CommentsPermalink





(B) such recommendations or proposals for legislative or administrative action as the Corporation deems appropriate.CommentsClose CommentsPermalink





(3) AVAILABILITY TO TESTIFY- The directors, officers, employees, and agents of the Corporation shall be available to testify before the appropriate committees of the Congress with respect to--CommentsClose CommentsPermalink





(A) the report required under paragraph (1);CommentsClose CommentsPermalink





(B) the report of any audit made by the Comptroller General under subsection (i); orCommentsClose CommentsPermalink





(C) any other matter which such committees may determine appropriate.CommentsClose CommentsPermalink





(i) Financial Management and Records-CommentsClose CommentsPermalink





(1) IN GENERAL- The accounts of the Corporation shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audit shall be conducted at the place or places where the accounts of the Corporation are normally kept. All books, accounts, financial records, files, and other papers, things, and property belonging to or in use by the Corporation and necessary to facilitate the audit shall be made available to the person or persons conducting the audit, and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such person or persons.CommentsClose CommentsPermalink





(2) REPORT ON ACCOUNTS-CommentsClose CommentsPermalink





(A) INCLUSION WITH ANNUAL REPORT- The report of each such independent audit undertaken pursuant to paragraph (1) shall be included in the annual report required under subsection (h).CommentsClose CommentsPermalink





(B) REQUIRED CONTENT- The audit report required under this subsection shall set forth the scope of the audit and include--CommentsClose CommentsPermalink





(i) such statements as are necessary to present fairly the assets and liabilities, surplus or deficit of the Corporation;CommentsClose CommentsPermalink





(ii) an analysis of the changes to any such assets and liabilities, or surplus or deficit during the year;CommentsClose CommentsPermalink





(iii) reasonably detailed statement of the Corporation's income and expenses during the year; andCommentsClose CommentsPermalink





(iv) a statement of the sources and application of funds, together with the independent auditor's opinion of those statements.CommentsClose CommentsPermalink





(3) GAO AUDIT-CommentsClose CommentsPermalink





(A) IN GENERAL- The financial transactions of the Corporation, for any fiscal year during which Federal funds are available to finance any portion of its operations, shall be audited by the Comptroller General of the United States in accordance with the principles and procedures applicable to commercial corporate transactions and under such rules and regulations as may be prescribed by the Comptroller General. Any such audit shall be conducted at the place or places where accounts of the Corporation are normally kept. The representative of the Comptroller General shall have access to all books, accounts, records, reports, files, and all other papers, things, or property belonging to or in use by the Corporation pertaining to its financial transactions and necessary to facilitate the audit, and they shall be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. All such books, accounts, records, reports, files, papers and property of the Corporation shall remain in possession and custody of the Corporation.CommentsClose CommentsPermalink





(B) REPORT-CommentsClose CommentsPermalink





(i) IN GENERAL- A report of each such audit undertaken pursuant to subparagraph (A) shall be made by the Comptroller General to the Congress.CommentsClose CommentsPermalink





(ii) REQUIRED CONTENT- The report required under clause (i) shall--CommentsClose CommentsPermalink





(I) contain such comments and information as the Comptroller General may deem necessary to inform Congress of the financial operations and condition of the Corporation, together with such recommendations the Comptroller General may deem advisable; andCommentsClose CommentsPermalink





(II) show specifically any program, expenditure, or other financial transaction or undertaking observed in the course of the audit, which, in the opinion of the Comptroller General, has been carried on or made without authority of law.CommentsClose CommentsPermalink





(iii) COPIES- A copy of each report required under clause (i) shall be furnished to the President of the United States, to the Chairman of the Federal Communications Commission, and to the Corporation at the time such report is submitted to the Congress.CommentsClose CommentsPermalink





(j) Purchase of License- Notwithstanding any other provision of law, the license that may made available for purchase by the Corporation in the manner authorized by this section, shall be at a price determined by the Federal Communications Commission not to exceed $5,000,000,000.CommentsClose CommentsPermalink

SEC. 305. LOAN GUARANTEES.

(a) Authorization-CommentsClose CommentsPermalink





(1) IN GENERAL- The Federal Communications Commission shall have the authority to enter into an agreement with the Corporation to provide, and to issue, guarantees of loans to the Corporation to provide funds for--CommentsClose CommentsPermalink





(A) the acquisition of the license for the construction, management, and operation of the advanced broadband public safety network authorized by this Act;CommentsClose CommentsPermalink





(B) the establishment of a broadband public safety network in less densely populated, rural areas; andCommentsClose CommentsPermalink





(C) for other operating funds of the Corporation.CommentsClose CommentsPermalink





(2) FULL FAITH AND CREDIT- The full faith and credit of the United States is pledged to the payment of all guarantees made under subsection (a) with respect to both principal and interest, including--CommentsClose CommentsPermalink





(A) interest that is capitalized and added to the outstanding principal balance of any loan (subject to the aggregate principal amount limitation of all outstanding guaranteed loans, as set forth in subsection (d)); andCommentsClose CommentsPermalink





(B) interest, as may be provided for in any such guarantee, accruing between the date of default under a guaranteed loan and the payment in full of such guarantee.CommentsClose CommentsPermalink





(b) Eligibility- To be eligible to obtain a loan guarantee under subsection (a), the Corporation shall submit a proposal to the Federal Communications Commission, at such time and in such manner as the Commission may require. Each proposal submitted shall meet the requirements of this Act.CommentsClose CommentsPermalink





(c) Terms and Conditions- A loan guaranteed under subsection (a) shall--CommentsClose CommentsPermalink





(1) bear interest at market rates for United States guaranteed loans of comparable maturity; andCommentsClose CommentsPermalink





(2) have a term not to exceed 30 years from the date the relevant indebtedness is incurred.CommentsClose CommentsPermalink





(d) Limitations on Amounts-CommentsClose CommentsPermalink





(1) IN GENERAL- The principal amount of all outstanding loans guaranteed under this section at any one time shall not exceed, in the aggregate, $10,000,000,000, not more than $5,000,000,000 of which shall be used to fund the purchase price to be paid by the Corporation for the license for the spectrum to be auctioned under this title.CommentsClose CommentsPermalink





(2) VARYING AMOUNTS FOR LOANS- Loans guaranteed under this section may be incurred in different amounts and at different times, and may be refinanced from time to time, provided that no such loan refinancing shall result in the term of the loan being extended.CommentsClose CommentsPermalink





(e) Security Interest- For any loan guaranteed under this section, the Corporation shall grant the United States Government a security interest in any license for use of spectrum held by the Corporation, or other comparable arrangements, satisfactory to the Federal Communications Commission.CommentsClose CommentsPermalink





(f) Authorization of Appropriations- In addition to any amounts otherwise made available under this section, there are authorized to be appropriated such sums as necessary to carry out this section for each of the fiscal years 2008 through 2013.CommentsClose CommentsPermalink





(g) Termination of Loan Program- No loan guarantee may be made under this section after December 31, 2020.CommentsClose CommentsPermalink

SEC. 306. RULE OF CONSTRUCTION.

Nothing in this Act shall affect, or be construed to affect, the spectrum auction date of January 28, 2008, as such date was established under the Digital Television Transition and Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 21).CommentsClose CommentsPermalink

TITLE IV--LONG-TERM STRATEGY FOR INTEROPERABILITY

SEC. 401. REPORT ON EFFICIENT USE OF PUBLIC SAFETY BAND.

Not later than 2 years after February 18, 2009, and every February 18th of each odd-numbered year thereafter, the Federal Communications Commission, the Secretary of Homeland Security, and either the Working Group established in section 101 or the Corporation established in section 304(b), shall, jointly, after allowing time for notice and comment, prepare and submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce, on the efficiency and effectiveness of the public safety use of the 24 MHz band of spectrum (encompassing that part of the electromagnetic spectrum between 764 megahertz and 776 megahertz and 794 megahertz and 806 megahertz) allocated to public safety services under section 337(a)(1) of the Communications Act of 1934 (47 U.S.C. 337(a)(1)).CommentsClose CommentsPermalink

SEC. 402. REPORT ON LONG-TERM INTEROPERABILITY BY CONSOLIDATING BAND USE.

Not later than 3 years after the date of enactment of this Act, the Federal Communications Commission, the Secretary of Homeland Security, and the Working Group established in section 101, shall, jointly, prepare and submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce, on how during the next 15 years public safety organizations can--CommentsClose CommentsPermalink





(1) end their use of Land Mobile radio spectrum below 512 MHz; andCommentsClose CommentsPermalink





(2) begin to use either--CommentsClose CommentsPermalink





(A) the 30MHz band of recovered analog spectrum (encompassing that part of the electromagnetic spectrum between 747 megahertz and 762 megahertz and 777 megahertz and 792 megahertz) reclaimed by the Federal Communications Commission under section 3003 of the Digital Television Transition and Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 22) in preparation for the auction of such spectrum by January 28, 2008;CommentsClose CommentsPermalink





(B) the 24 MHz band of spectrum (encompassing that part of the electromagnetic spectrum between 764 megahertz and 776 megahertz and 794 megahertz and 806 megahertz) allocated to public safety services under section 337(a)(1) of the Communications Act of 1934 (47 U.S.C. 337(a)(1)); orCommentsClose CommentsPermalink





(C) the spectrum in the 800 MHz band.CommentsClose CommentsPermalink

SEC. 403. REPORT ON LONG-TERM INTEROPERABILITY USING IP-BASED SOLUTIONS.

Not later than 1 year after the date of enactment of this Act, the Federal Communications Commission, the Secretary of Homeland Security, and the Working Group established in section 101, shall, jointly, after allowing time for notice and comment, prepare and submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce, on whether Internet Protocol-enabled solutions could aid interoperability.CommentsClose CommentsPermalink