HR 607 – House bill 607 -Limit amateur radio service ability to respond to emergencies

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, and the operation and maintenance fund.
Sec. 207. Achieving long-term interoperability by consolidating band use by public safety agencies.
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 ational 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 ommunicate 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 public safety agencies needs 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 Broadband for First Responders 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–