Home > 106th Congressional Bills > S. 2821 (is) To amend chapter 84 of title 5, United States Code, to make certain temporary Federal service performed for the Federal Deposit Insurance Corporation creditable for retirement purposes. [Introduced in Senate] ...S. 2821 (is) To amend chapter 84 of title 5, United States Code, to make certain temporary Federal service performed for the Federal Deposit Insurance Corporation creditable for retirement purposes. [Introduced in Senate] ...
108th CONGRESS
2d Session
S. 2820
To ensure the availability of certain spectrum for public safety
entities by amending the Communications Act of 1934 to establish
January 1, 2009, as the date by which the transition to digital
television shall be completed, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 21, 2004
Mr. McCain introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To ensure the availability of certain spectrum for public safety
entities by amending the Communications Act of 1934 to establish
January 1, 2009, as the date by which the transition to digital
television shall be completed, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Setting a specific date for the availability of spectrum for
public safety organizations and creating a
deadline for the transition to digital
television.
Sec. 4. Studies of communications capabilities and needs.
Sec. 5. Statutory authority for the Department of Homeland Security's
``SAFECOM'' program.
Sec. 6. Grant program to provide enhanced interoperability of
communications for first responders.
Sec. 7. Digital transition public safety communications grant and
consumer assistance fund.
Sec. 8. Digital transition program.
Sec. 9. Label requirement for analog television sets.
Sec. 10. Report on consumer education program requirements.
Sec. 11. FCC to issue decision in certain proceedings.
Sec. 12. Definitions.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In its final report, the 9-11 Commission advocated that
Congress pass legislation providing for the expedited and
increased assignment of radio spectrum for public safety
purposes. The 9-11 Commission stated that this spectrum was
necessary to improve communications between local, State and
Federal public safety organizations and public safety
organizations operating in neighboring jurisdictions that may
respond to an emergency in unison.
(2) Specifically, the 9-11 Commission report stated ``The
inability to communicate was a critical element at the World
Trade Center, Pentagon and Somerset County, Pennsylvania, crash
sites, where multiple agencies and multiple jurisdictions
responded. The occurrence of this problem at three very
different sites is strong evidence that compatible and adequate
communications among public safety organizations at the local,
State, and Federal levels remains an important problem.''.
(3) In the Balanced Budget Act of 1997, the Congress
directed the FCC to allocate spectrum currently being used by
television broadcasters to public safety agencies to use for
emergency communications. This spectrum has specific
characteristics that make it an outstanding choice for
emergency communications because signals sent over these
frequencies are able to penetrate walls and travel great
distances, and can assist multiple jurisdictions in deploying
interoperable communications systems.
(4) This spectrum will not be fully available to public
safety agencies until the completion of the digital television
transition. The need for this spectrum is greater than ever.
The Nation cannot risk further loss of life due to public
safety agencies' first responders' inability to communicate
effectively in the event of another terrorist act or other
crisis, such as a hurricane, tornado, flood, or earthquake.
(5) In the Balanced Budget Act of 1997, Congress set a date
of December 31, 2006, for the termination of the digital
television transition. Under current law, however, the deadline
will be extended if fewer than 85 percent of the television
households in a market are able to continue receiving local
television broadcast signals.
(6) Federal Communications Commission Chairman Michael K.
Powell testified at a hearing before the Senate Commerce,
Science, and Transportation Committee on September 8, 2004,
that, absent government action, this extension may allow the
digital television transition to continue for ``decades'' or
``multiples of decades''.
(7) The Nation's public safety and welfare cannot be put
off for ``decades'' or ``multiples of decades''. The Federal
government should ensure that this spectrum is available for
use by public safety organizations by January 1, 2009.
(8) Any plan to end the digital television transition would
be incomplete if it did not ensure that consumers would be able
to continue to enjoy over-the-air broadcast television with
minimal disruption. If broadcasters air only a digital signal,
some consumers may be unable to view digital transmissions
using their analog-only television set. Local broadcasters are
truly an important part of our homeland security and often an
important communications vehicle in the event of a national
emergency. Therefore, consumers who rely on over-the-air
television, particularly those of limited economic means,
should be assisted.
(9) The New America Foundation has testified before
Congress that the cost to assist these 17.4 million exclusively
over-the-air households to continue to view television is less
than $1 billion dollars for equipment, which equates to roughly
3 percent of the Federal revenue likely from the auction of the
analog television spectrum.
(10) Specifically, the New America Foundation has estimated
that the Federal Government's auction of this spectrum could
yield $30-to-$40 billion in revenue to the Treasury. Chairman
Powell stated at the September 8, 2004, hearing that
``estimates of the value of that spectrum run anywhere from $30
billion to $70 billion''.
(11) Additionally, there will be societal benefits with the
return of the analog broadcast spectrum. Former FCC Chairman
Reed F. Hundt, at an April 28, 2004, hearing before the Senate
Commerce, Science, and Transportation Committee, testified that
this spectrum ``should be the fit and proper home of wireless
broadband''. Mr. Hundt continued, ``Quite literally, [with this
spectrum] the more millions of people in rural America will be
able to afford Big Broadband Internet access, the more hundreds
of millions of people in the world will be able to afford
joining the Internet community.''.
(12) Due to the benefits that would flow to the Nation's
citizens from the Federal Government reclaiming this analog
television spectrum--including the safety of our Nation's first
responders and those protected by first responders, additional
revenues to the Federal treasury, millions of new jobs in the
telecommunications sector of the economy, and increased
wireless broadband availability to our Nation's rural
citizens--Congress finds it necessary to set January 1, 2009,
as a firm date for the return of this analog television
spectrum.
SEC. 3. SETTING A SPECIFIC DATE FOR THE AVAILABILITY OF SPECTRUM FOR
PUBLIC SAFETY ORGANIZATIONS AND CREATING A DEADLINE FOR
THE TRANSITION TO DIGITAL TELEVISION.
(a) In General.--Section 309(j)(14) of the Communications Act of
1934 (47 U.S.C. 309(j)(14)) is amended--
(1) by striking ``2006.'' in subparagraph (A) and inserting
``2008.'';
(2) by striking subparagraph (B) and redesignating
subparagraphs (C) and (D) as subparagraphs (B) and (C);
(3) by striking ``subparagraph (A) or (B),'' in
subparagraph (B), as redesignated, and inserting ``subparagraph
(A),''; and
(4) by striking ``subparagraph (C)(i),'' in subparagraph
(C), as redesignated, and inserting ``subparagraph (B)(i),''.
(b) Certain Commercial Use Spectrum.--The Commission shall assign
the spectrum described in section 337(a)(2) of the Communications Act
of 1934 (47 U.S.C. 337(a)(2)) allocated for commercial use by
competitive bidding pursuant to section 309(j) of that Act (47 U.S.C.
309(j)) no later than 1 year after the Commission transmits the report
required by section 4(a) to the Congress.
SEC. 4. STUDIES OF COMMUNICATIONS CAPABILITIES AND NEEDS.
(a) In General.--The Commission, in consultation with the Secretary
of Homeland Security, shall conduct a study to assess strategies that
may be used to meet public safety communications needs, including--
(1) the short-term and long-term need for additional
spectrum allocation for Federal, State, and local first
responders, including an additional allocation of spectrum in
the 700 megaHertz band;
(2) the need for a nationwide interoperable broadband
mobile communications network;
(3) the ability of public safety entities to utilize
wireless broadband applications; and
(4) the communications capabilities of first receivers such
as hospitals and health care workers, and current efforts to
promote communications coordination and training among the
first responders and the first receivers.
(b) Reallocation Study.--The Commission shall conduct a study to
assess the advisability of reallocating any amount of spectrum in the
700 megaHertz band for unlicensed broadband uses. In the study, the
Commission shall consider all other possible users of this spectrum,
including public safety.
(c) Report.--The Commission shall report the results of the
studies, together with any recommendations it may have, to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce within 1 year after
the date of enactment of this Act.
SEC. 5. STATUTORY AUTHORITY FOR THE DEPARTMENT OF HOMELAND SECURITY'S
``SAFECOM'' PROGRAM.
Section 302 of the Homeland Security Act of 2002 (6 U.S.C. 182) is
amended--
(1) by inserting ``(a) In General.--'' before ``The''; and
(2) by adding at the end the following:
``(b) SAFECOM Authorized.--
``(1) In general.--In carrying out subsection (a), the
Under Secretary shall establish a program to address the
interoperability of communications devices used by Federal,
State, tribal, and local first responders, to be known as the
Wireless Public Safety Interoperability Communications Program,
or `SAFECOM'. The Under Secretary shall coordinate the program
with the Director of the Department of Justice's Office of
Science and Technology and all other Federal programs engaging
in communications interoperability research, development, and
funding activities to ensure that the program takes into
account, and does not duplicate, those programs or activities.
``(2) Components.--The program established under paragraph
(1) shall be designed--
``(A) to provide research on the development of a
communications system architecture that would ensure
the interoperability of communications devices among
Federal, State, tribal, and local officials that would
enhance the potential for a coordinated response to a
national emergency;
``(B) to support the completion and promote the
adoption of mutually compatible voluntary consensus
standards developed by a standards development
organization accredited by the American National
Standards Institute to ensure such interoperability;
and
``(C) to provide for the development of a model
strategic plan that could be used by any State or
region in developing its communications
interoperability plan.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this subsection--
``(A) $22,105,000 for fiscal year 2005;
``(B) $22,768,000 for fiscal year 2006;
``(C) $23,451,000 for fiscal year 2007;
``(D) $24,155,000 for fiscal year 2008; and
``(E) $24,879,000 for fiscal year 2009.
``(c) National Baseline Study of Public Safety Communications
Interoperability.--By December 31, 2005, the Under Secretary of
Homeland Security for Science and Technology shall complete a study to
develop a national baseline for communications interoperability and
develop common grant guidance for all Federal grant programs that
provide communications-related resources or assistance to State and
local agencies, any Federal programs conducting demonstration projects,
providing technical assistance, providing outreach services, providing
standards development assistance, or conducting research and
development with the public safety community with respect to wireless
communications. The Under Secretary shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Energy and Commerce containing the
Under Secretary's findings, conclusions, and recommendations from the
study.''.
SEC. 6. GRANT PROGRAM TO PROVIDE ENHANCED INTEROPERABILITY OF
COMMUNICATIONS FOR FIRST RESPONDERS.
(a) In General.--The Secretary of Homeland Security shall establish
a program to help State, local, tribal, and regional first responders
acquire and deploy interoperable communications equipment, purchase
such equipment, and train personnel in the use of such equipment. The
Secretary, in cooperation with the heads of other Federal departments
and agencies who administer programs that provide communications-
related assistance programs to State, local, and tribal public safety
organizations, shall develop and implement common standards to the
greatest extent practicable.
(b) Applications.--To be eligible for assistance under the program,
a State, local, tribal, or regional first responder agency shall submit
an application, at such time, in such form, and containing such
information as the Under Secretary of Homeland Security for Science and
Technology may require, including--
(1) a detailed explanation of how assistance received under
the program would be used to improve local communications
interoperability and ensure interoperability with other
appropriate Federal, State, local, tribal, and regional
agencies in a regional or national emergency;
(2) assurance that the equipment and system would--
(A) not be incompatible with the communications
architecture developed under section 302(b)(2)(A) of
the Homeland Security Act of 2002;
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