Congress has not passed legislation, however, regarding how the soon-to-be-released spectrum should be used. Second, an initiative by the Administration to improve spectrum efficiency gives responsibility to the National Telecommunications and Information Administration (NTIA) to provide policy recommendations that include spectrum uses for homeland security and public safety. The Federal Communications Commission (FCC), which has jurisdiction over spectrum used by state and local public safety agencies, is pursuing its own initiative. Options for Congress that have been suggested by public safety experts include requiring the Department of Homeland Security to expedite its own plans, requiring greater participation of the FCC in the DHS planning process, curtailing the right of the FCC to regulate network development for public safety, and turning over management of spectrum used for public safety to the NTIA. Finding appropriate spectrum to carry these vital transmissions as well as finding ways to use spectrum more efficiently are among the policy decisions to be addressed as part of the national effort to develop a robust, interoperable, emergency communications capability. The need for spectrum capacity among first responders and other emergency workers is variable. A national network might be comprised of regional agreements grouping states that are working to develop networks that are available to local and tribal emergency workers. DHS, Office of Emergency Communications

The Homeland Security Appropriations Act, 2007 created an Office of Emergency Communications within DHS to lead a cooperative planning effort to create a "national response capability" for communications. A section of this law— P.L. 109-295 , Title VI , Subtitle D—the 21 st Century Emergency Communications Act of 2006—established an Office of Emergency Communications and the position of Director, reporting to the Assistant Secretary for Cybersecurity and Communications. Reportedly, the committee will be studying existing public safety communications programs that might provide a model for a national system. In December 2006, the FCC issued a new Notice of Proposed Rulemaking (NPRM) that proposed to turn over management of the 24MHz of spectrum designated for public safety to a not-for-profit group. . .[with] a centralized and national approach to maximize public safety access. . . ."
The NPRM outlines seven points: (1) allocate 12 MHz from the 700 MHz band assigned to public safety for broadband use by state and local public safety members; (2) assign this 12 MHz of spectrum to a single licensee, nationwide; (3) permit this licensee to operate commercially on the remaining 12 MHz allotted to public safety with public safety having priority access when needed; (4) permit the licensee to provide public safety broadband access on a fee for service basis; (5) permit the licensee to provide unconditionally preemptible access to commercial operators; (6) facilitate the shared use of commercial mobile infrastructure; and (7) "establish performance requirements for interoperability, build out, preemptibility of commercial access, and system robustness." Federal Access . Joint management by agencies . Spectrum management . Market-driven pricing has been proposed by the FCC, among others. Funding . This would be in the form of a distribution from the Digital Television Transition and Public Safety Fund created by the Deficit Reduction Act. Possible Outcomes

This report has described three separate policy initiatives from different sectors of the federal government that appear to be moving in different directions.
Wireless communications capacity and capability provide essential support to emergency workers. First responders, state, local, tribal and federal emergency officials, utility workers, ambulance drivers, hospital personnel, forest fire fighters, federal law enforcement agents, the National Guard, and members of all branches of the military are among those who might respond to an emergency and need to be equipped to communicate among themselves and with each other.
The management of spectrum that carries wireless communications for public safety and homeland security has emerged as a time-critical policy issue for the 110th Congress due largely to several recent actions by Congress and the Administration, some with near-term deadlines.
Congress has mandated that an important band of spectrum be released for public safety use not later than February 18, 2009 (Deficit Reduction Act, P.L. 109-171, Sec. 3002). Congress has also mandated that a billion-dollar fund for public safety communications, created by the Deficit Reduction Act, be fully distributed by the end of FY2007 (S. 2653). As part of the Homeland Security Appropriations Act, 2007, Congress put in place a number of requirements for an Office of Emergency Communications that, among other objectives, is to work with community, state and regional representatives to develop a national emergency communications capability (P.L. 109-295, Title VI, Subtitle D). Funding for part of this effort would be authorized as part of H.R. 1 (Representative Thompson).
The National Telecommunications and Information Administration (NTIA) is moving forward with the Presidential Spectrum Policy Initiative planning process which includes evaluating spectrum use for public safety and homeland security. The Spectrum Advisory Committee created for this effort has announced that it will study several advanced systems operated by public safety agencies that might serve as a model for designing a national system.
The Federal Communications Commission (FCC), in December 2006, announced a proposed rulemaking for a plan to provide a national emergency communications network using the spectrum band assigned by Congress to public safety, noted above. At the core of the FCC proposal is the appointment of a not-for-profit entity to administer access to the designated spectrum and to design a network that would be shared by public safety and commercial users.
These various initiatives appear to be moving in different directions. Congress may opt to establish policies for spectrum management that could require other approaches or objectives by the various agencies and departments involved.
This report will be updated.