To achieve a higher standard of communications performance might require, among other elements, improvements in communications capacity and quality. Increasing the amount of radio frequencies available for public safety use is one solution for adding capacity. Three bills have been introduced that would require the FCC to assign additional spectrum, known as the D Block, for a public safety broadband network and take steps to ensure construction of an interoperable network. 5907 , Representative Harman) and its companion bill ( S. 3731 , Senator Warner) are more narrowly focused on a critical initial step on the long road to assuring that a nationwide, interoperable network is put in place for public safety communications: the radios. Legislation to Assign the D Block to Public Safety

The Broadband for First Responders Act of 2010 ( H.R. The First Responders Protection Act of 2010 ( S. 3625 , Lieberman) and the Public Safety Spectrum and Wireless Innovation Act ( S. 3756 , Rockefeller) would require similar rule-making procedures, and requirements. Legislation in Support of a Public Safety Network Without the D Block

The discussion draft of the Public Safety Broadband Act of 2010 includes the presumption that the D Block will be auctioned, in that it provides that proceeds from its auction be applied to the construction and operation costs of public safety broadband networks. Only one, from the San Francisco Bay Area, was accepted for review. Projects eligible for funding that are mentioned in the bills include "construction of a new public safety interoperable broadband network using commercial infrastructure or public safety infrastructure, or both, in the 700 MHz band" and "improvement of the existing commercial networks and construction of new infrastructure to meet public safety requirements...." There is no provision in any of the bills for funds to cover the cost of development and testing of new radio technologies that allow public safety broadband radios to operate on the new networks. LTE has been specified by the FCC as the network technology for these frequencies. A well-grounded but flexible governance structure is critical to the future of public safety communications if it is to be national in scope, interoperable, and cost-effective. Several states and urban areas have submitted detailed plans to the FCC for building the nation's first broadband networks that might serve as a practical framework for evaluating policy options. These plans, developed according to FCC requirements, share many common features. Notable from a policy point of view are several recommendations that provide a common theme in these early submissions. These may be summarized as: (1) sufficient funding is essential; (2) networks that either cover an area designated as eligible for Urban Area Security Initiative programs, or cover a regional area—that is, large and/or densely populated areas—are more efficient to build, operate, and govern; (3) several critical technologies and standards, such as for radios, must be developed before the networks can be fully effective; (4) some form of governing sur-structure must be in place to assure uniformity of core operations while allowing for local customization of public safety applications; and (5) collaboration with commercial partners is important for mustering all the skills and knowledge resources needed for developing the leading-edge broadband networks that are the goals of the submitted plans. Congress should support pending legislation which provides for the expedited and increased assignment of radio spectrum for public safety purposes. Congress also required assessments of emergency communications capabilities, including an inventory that identified radio frequencies used by federal departments and agencies. Pooling spectrum licenses goes beyond sharing.
Effective emergency response is dependent on wireless communications. To minimize communications failures during and after a crisis requires ongoing improvements in emergency communications capacity and capability. The availability of radio frequency spectrum is considered essential to developing a modern, interoperable communications network for public safety. Also critical are (1) building the network to use this spectrum and (2) developing and deploying the radios to the new standards required for mobile broadband. Beyond recognition of these common needs and goals, opinions diverge on such issues as how much spectrum should be made available for public safety broadband communications, how communications networks should be configured, who should own them, who should build them, who should operate them, who should be allowed to use them, and how they might be paid for.
Three bills that would increase the amount of radio frequency spectrum assigned for public safety use have been introduced. The bills would require that the Federal Communications Commission (FCC) transfer a spectrum license intended for commercial use, known as the D Block, to the license-holder for adjacent frequencies already assigned to public safety, known as the Public Safety Broadband License. The Broadband for First Responders Act of 2010 (H.R. 5081, Representative King) deals primarily with reassignment of the D Block. Two Senate bills contain similar provisions for spectrum assignment and would add a number of new provisions, including using the proceeds of future spectrum auctions to fund the needed network (S. 3625, Senator Lieberman and S. 3756, Senator Rockefeller). The development of public safety radios for broadband would be expedited by companion bills H.R. 5907 (Representative Harman) and S. 3731 (Senator Warner). Public safety operations would benefit from the radio-development initiative regardless of the eventual assignment of the D Block. Congress may consider additional legislation or oversight to meet desired levels of emergency communications performance.
Among the actions that Congress might take, those dealing with governance and funding are often cited by public safety officials and others as the areas most in need of its consideration. Many have recommended that, for the proposed broadband network projects to go forward on a sustainable footing, funding sources need to be identified for investment and operating expenses over the long term. To ensure the resources are wisely used, some analysts point to the primacy of putting in place a well-grounded but flexible governance structure. The debate on spectrum assignment has in recent months dominated the attention of Congress and other policy makers. Meanwhile, several states and urban areas including the San Francisco Bay Area, Boston, and the State of Mississippi have submitted detailed plans for building the nation's first broadband networks that might serve as a practical framework for evaluating policy options. These plans, developed according to FCC requirements, share many common features. Notable from a policy point of view are several recommendations that provide a common theme in these early submissions. These may be summarized as: (1) sufficient funding is essential; (2) networks that either cover an area designated as eligible for Urban Area Security Initiative programs, or cover a regional area—that is, large and/or densely populated areas—are more efficient to build, operate, and govern; (3) several critical technologies and standards, such as for radios, must be developed before the networks can be fully effective; (4) some form of governing sur-structure must be in place to assure uniformity of core operations while allowing for local customization of public safety applications; and (5) collaboration with commercial partners is important for mustering all the skills and knowledge resources needed for developing the leading-edge broadband networks that are the goals of the submitted plans.