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

TITLE II–FUNDING

SEC. 201. DEFINITIONS.

In this title–

(1) the term `Assistant Secretary’ means the Assistant Secretary of Commerce for Communications and Information;

(2) the term `appropriate committees of Congress’ means–

(A) the Committee on Homeland Security and Governmental Affairs of the Senate;

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

(C) the Committee on Energy and Commerce of the House of Representatives; and

(D) the Committee on Homeland Security of the House of Representatives;

(3) the term `Construction Fund’ means the Public Safety Interoperable Broadband Network Construction Fund established under section 202;

(4) the term `Maintenance and Operation Fund’ means the Public Safety Interoperable Broadband Network Maintenance and Operation Fund established under section 202; and

(5) the term `Secretary’ means the Secretary of Homeland Security.

SEC. 202. FUNDING.

(a) Establishment of Funds-

(1) CONSTRUCTION FUND-

(A) ESTABLISHMENT- There is established in the Treasury of the United States a fund to be known as the Public Safety Interoperable Broadband Network Construction Fund.

(B) PURPOSE- The Secretary shall establish and administer the grant program under section 203 using the funds deposited in the Construction Fund.

(C) CREDIT-

(i) BORROWING AUTHORITY- The Secretary may borrow from the general fund of the Treasury beginning October 1, 2011, such sums as may be necessary, but not to exceed $2,000,000,000, to implement section 203.

(ii) REIMBURSEMENT- The Secretary of the Treasury shall reimburse the general fund of the Treasury, without interest, for any amounts borrowed under clause (i) as funds are deposited into the Construction Fund, but in no case later than December 31, 2014.

(2) MAINTENANCE AND OPERATION FUND-

(A) ESTABLISHMENT- There is established in the Treasury of the United States a fund to be known as the Public Safety Interoperable Broadband Network Maintenance and Operation Fund.

(B) PURPOSE- The Secretary shall use the funds deposited in the Maintenance and Operation Fund to carry out section 204.

(b) Initial Distribution of Auction Proceeds in Funds- Notwithstanding subparagraphs (A) and (D) of section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)), the Secretary of the Treasury shall deposit the proceeds (including deposits and upfront payments from successful bidders) from the auction of the spectrum described in section 205 in the following manner:

(1) All proceeds less than or equal to $5,500,000,000 shall be deposited in the Construction Fund and shall be made available to the Secretary without further appropriations.

(2) Any proceeds exceeding $5,500,000,000 shall be deposited in the Maintenance and Operation Fund and shall be made available to the Secretary without further appropriations.

(c) Transfer of Funds at Completion of Construction- The Secretary of the Treasury shall transfer to the Maintenance and Operation Fund any funds remaining in the Construction Fund after the date of the completion of the construction phase, as determined by the Secretary.

(d) Transfer of Funds to Treasury- The Secretary of the Treasury shall transfer to the general fund of the Treasury any funds remaining in the Maintenance and Operation Fund after the end of the 10-year period following receipt of notice by the Secretary of Homeland Security that construction of the nationwide system has been completed.

(e) Authorization of Appropriations-

(1) CONSTRUCTION FUND- There are authorized to be appropriated to the Secretary for deposit in the Construction Fund in and after fiscal year 2012 an amount not to exceed the amount set forth in paragraph (3).

(2) MAINTENANCE AND OPERATION FUND- There are authorized to be appropriated to the Secretary for deposit in the Maintenance and Operation Fund in and after fiscal year 2012 an amount not to exceed the amount set forth in paragraph (3).

(3) LIMITATION- The authorization of appropriations under paragraphs (1) and (2) may not exceed a total of $5,500,000,000.

SEC. 203. PUBLIC SAFETY INTEROPERABLE BROADBAND NETWORK CONSTRUCTION.

(a) Construction Grant Program Establishment- The Secretary shall take such action as is necessary to establish a grant program to assist public safety entities to establish a nationwide public safety interoperable broadband network in the 700 megahertz band.

(b) Projects- The projects for which construction grants may be made under this section are the following:

(1) Construction of a new public safety interoperable broadband network using public safety infrastructure or commercial infrastructure, or both, in the 700 megahertz band.

(2) Improvement of the existing public safety and commercial networks and construction of new infrastructure to meet public safety requirements.

(c) Matching Requirements-

(1) FEDERAL SHARE- The Federal share of the cost of carrying out a project under this section may not exceed 80 percent of the eligible costs of carrying out a project, as determined by the Secretary in consultation with the Chairman of the Federal Communications Commission.

(2) NON-FEDERAL SHARE- The non-Federal share of the cost of carrying out a project under this section may be provided through an in-kind contribution.

(d) Requirements- Not later than 6 months after the date of enactment of this Act, the Secretary shall establish grant program requirements including the following:

(1) Defining entities that are eligible to receive a grant under this section.

(2) Defining eligible costs for purposes of subsection (c)(1).

(3) Determining the scope of network infrastructure eligible for grant funding under this section.

(4) Conditioning grant funding on compliance with the Federal Communications Commission’s license terms.

(5) Ensuring that all grant funds are in compliance with and support the goals of the National Emergency Communications Plan and the Statewide Communication Interoperability Plans for each State and territory.

(e) Technical Assistance- The Secretary will enhance the Office of Emergency Communications Technical Assistance Program to assist grantees with best practices and guidance in implementing these projects.

SEC. 204. PUBLIC SAFETY INTEROPERABLE BROADBAND MAINTENANCE AND OPERATION.

(a) Maintenance and Operation Reimbursement Program- The Secretary shall administer a program through which not more than 50 percent of maintenance and operational expenses associated with the public safety interoperable broadband network may be reimbursed from the Maintenance and Operation Fund for those expenses that are attributable to the maintenance, operation, and improvement of the public safety interoperable broadband network.

(b) Report- Not later than 7 years after the commencement of the reimbursement program established under subsection (a), the Secretary shall submit to Congress a report on whether to continue to provide funding for the Maintenance and Operation Fund following completion of the period provided for under section 202(d).

SEC. 205. AUDITS.

(a) In General- Not later than 3 years after the date of enactment of this Act, and every 3 years thereafter, the Comptroller General of the United States shall perform an audit of the financial statements, records, and accounts of the–

(1) Public Safety Interoperable Broadband Network Construction Fund established under section 202(a)(1);

(2) Public Safety Interoperable Broadband Network Maintenance and Operation Fund established under section 202(a)(2);

(3) construction grant program established under section 203; and

(4) maintenance and operation grant program established under section 204.

(b) GAAP- Each audit required under subsection (a) shall be conducted in accordance with generally accepted accounting procedures.

(c) Report to Congress- A copy of each audit required under subsection (a) shall be submitted to the appropriate committees of Congress.

SEC. 206. AUCTION OF SPECTRUM TO FUND THE INTEROPERABLE BROADBAND NETWORK CONSTRUCTION FUND, AND THE OPERATION AND MAINTENANCE FUND.

(a) In General-

(1) REALLOCATION OF SPECTRUM- Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall reallocate for commercial use electromagnetic spectrum at 1755-1780 megahertz.

(2) AUCTION- Not later than 18 months after the date of enactment of this Act, the Federal Communications Commission shall establish rules for pairing electromagnetic spectrum bands at 1755-1780 megahertz and 2155-2180 megahertz, inclusive, and auction the licenses for such paired spectrum in accordance of section 309(j).

SEC. 207. ACHIEVING LONG-TERM INTEROPERABILITY BY CONSOLIDATING BAND USE BY PUBLIC SAFETY AGENCIES.

(a) Mandating Migration of Public Safety Entities and Federal Law Enforcement-

(1) REQUIRE MIGRATION BY PUBLIC SAFETY ENTITIES- Not later than 8 years after the date of enactment of the Act, each public safety entities shall end their use of radio spectrum above 420 megahertz and below 512 megahertz and begin to use alternative radio spectrum licensed to public safety services in the 700 megahertz and 800 megahertz bands.

(2) REQUIRE USE BY FEDERAL LAW ENFORCEMENT- Not later than 10 years after the date of enactment of this Act, each Federal law enforcement agency shall move all of their communications, not being carried on commercial networks, to spectrum located in the 700 megahertz and 800 megahertz bands.

(b) GAO Study- Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit a report to the appropriate committees of Congress that identifies those parts of the radio spectrum above 174 megahertz and below 512 megahertz used by public safety entities that should be returned to the Federal Communications Commission for auction in accordance with subsection (d).

(c) Migration Plan Developed by FCC and DHS-

(1) IN GENERAL- Not later than 6 years after the date of enactment of this Act, the Federal Communications Commission, in consultation with the Secretary, the Assistant Secretary, and Federal, State and local public safety agencies, shall issue a report, detailing the plan for public safety entities to end their use of radio spectrum above 170 megahertz and below 512 megahertz and move all use to the radio spectrum licensed to public safety services, in the 700 megahertz and 800 megahertz bands.

(2) FACILITATION OF MIGRATION- The Secretary shall make amounts available out of the maintenance and operation grant program established under section 204 to facilitate the migration of public safety entity use of the radio spectrum licensed to public safety services in the 700 megahertz and 800 megahertz bands in accordance with the plan developed under paragraph (1).

(d) Recovered Public Safety Spectrum-

(1) AUCTION- Not later than 10 years after the date of enactment of this Act, the paired electromagnetic spectrum bands of 420-440 megahertz and 450-470 megahertz recovered as a result of the report and order required under subsection (c) shall be auctioned off by the Federal Communications Commission through a system of competitive bidding meeting the requirements of section 309 of the Communications Act of 1934.

(2) ENCOURAGED USE OF CERTAIN AUTHORITY- In making the recovered spectrum identified under paragraph (1) available through auction, the Commission is encouraged to use its authority under sections 303 and 316 of the Act to configure the spectrum in a manner that increases the value of the recovered spectrum for commercial use.

(3) PROCEEDS- Notwithstanding any other provision of law, all proceeds (including deposits and upfront payments from successful bidders) from the auction required under this subsection shall be deposited in the Treasury in accordance with chapter 33 of title 31, United States Code.

SEC. 208. EXTENSION OF AUCTION AUTHORITY AND ASSURANCE OF OPEN AUCTIONS.

(a) Extension of Auction Authority- Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking `2012′ and inserting `2020′.

(b) Eligibility- The Commission shall ensure that no bidder is deemed ineligible for or otherwise excluded from an auction specified in this Act, or any other competitive bidding process under section 309(j) of the Communications Act, on account of its size or amount of its other spectrum holdings.

SEC. 209. REPORT ON EFFICIENT USE OF PUBLIC SAFETY SPECTRUM.

Not later than 3 years after the date of enactment of this Act and every 3 years thereafter, the Federal Communications Commission shall conduct a study and submit to the appropriate committees of Congress a report–

(1) on the spectrum held by the public safety broadband licensee;

(2) on how efficiently such spectrum is being used; and

(3) that provide a recommendation for whether more spectrum needs to be made available to meet the needs of public safety entities.

SEC. 210. REPORT ON LONG-TERM INTEROPERABILITY USING IP-BASED SOLUTIONS.

Not later than 2 years after the date of enactment of this Act, the Federal Communications Commission, in consultation with the Secretary of Homeland Security and the Assistant Secretary, shall issue a report and order, after allowing time for notice and comment, including comment from public safety users, and submit such report the appropriate committees of Congress, on whether Internet Protocol-enabled solutions could aid interoperability.