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

`(i) be fully interoperable and remain interoperable with, and in conformance with the same broadband technology standards 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 licensed to the public safety broadband licensee;

`(iii) provide priority access to public safety agencies;

`(iv) be built to survive most large-scale disasters;

`(v) ensure that networks of such systems have the appropriate level of cyber security;

`(vi) ensure that authorized users have control over all local network uses consistent with rules established by the Commission; and

`(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 enactment of the Broadband for First Responders Act of 2011.

`(ii) REPORT-

`(I) IN GENERAL- Not later than 60 days after the date of enactment of the Broadband for First Responders Act of 2011, the public safety broadband licensee shall submit a report to the appropriate committees of Congress on the phased network deployment plan of such spectrum bands.

`(II) DEFINITIONS- For purposes of subclause (I), the term `appropriate committees of Congress’ means–
`(aa) the Committee on Homeland Security and Governmental Affairs of the Senate;

`(bb) the Committee on Commerce, Science, and Transportation of the Senate;

`(cc) the Committee on Energy 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 subsection (g); and

(2) by inserting after subsection (e) the following:

`(f) Rulemaking Required- The Commission shall establish regulations to–

`(1) authorize the shared use of the public safety broadband spectrum and network infrastructure by entities that are not defined as public safety services in subsection (g)(1), subject to the requirement that public safety services retain priority access to the spectrum, pursuant to procedures adopted by the Commission, so long as the needs of other governmental entities needs are considered before commercial entities; and

`(2) allow use of the public safety broadband spectrum by emergency response providers, as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).’.

(d) Definition- Section 337(g) of the Communications 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 redesignated, 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 adopted November 19, 2007 (FCC 07-199), by the Commission to be the licensee for spectrum between 763-768 and 793-798 megahertz.

`(2) PUBLIC SAFETY BROADBAND SPECTRUM- The term `public safety broadband spectrum’ 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 Commission, in consultation with the Director of the National Institute of Standards and Technology, the Secretary of Homeland Security, the Attorney General, and local, State, tribal, and Federal public safety agencies, shall develop 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–

(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 developments in the commercial marketplace;

(4) the ability to accommodate prioritization for public safety transmissions;

(5) the ability to accommodate appropriate security measures for public safety transmissions; and

(6) any other considerations the Federal Communications Commission deems appropriate.

SEC. 104. RULE OF CONSTRUCTION.