Outreach News - 06/08/11

1. Today marked another milestone in the efforts of public safety to develop a nationwide public safety wireless broadband network. This morning, the Senate Commerce Committee voted 21 to 4 in a strong bi-partisan fashion to move a new bill S. 911 to the floor of the Senate for a vote. Only 4 members of the Committee voted against the bill and the public safety community needs to know of the growing support for the efforts of first responder organizations. The bill, before today’s mark-up, is attached for your reference.

Senate Commerce, Science & Transportation Committee

June 8, 2011, Markup of S. 911

Voted YES Voted NO

Democrats (13)	Republicans (12)
John D. Rockefeller IV WV, Chair	Kay Bailey Hutchison, TX, Ranking Member
Daniel K. Inouye, HI	Olympia J. Snowe, ME
John Kerry, MA	Jim DeMint, SC
Barbara Boxer, CA	John Thune, SD
Bill Nelson, FL	Roger Wicker, MS
Maria Cantwell, WA	Johnny Isakson, GA
Frank R. Lautenberg, NJ	Roy Blunt, MO
Mark Pryor, AR	John Boozman, AR
Claire McCaskill, MO	Patrick J. Toomey, PA
Amy Klobuchar, MN	Marco Rubio, FL
Tom Udall, NM	Kelly Ayotte, NH
Mark Warner, VA	Dean Heller, NV
Mark Begich, AK

2. More details on today’s Senate action courtesy of Paul Kirby, TR Daily

SENATE COMMERCE COMMITTEE APPROVES

D-BLOCK BILL IN BIPARTISAN VOTE

The Senate Commerce, Science, and Transportation Committee approved 700 megahertz band D-block reallocation legislation (S 911) today in a 21-4 bipartisan vote, but opponents are expected to continue to push their objections, including those with the bill’s price tag, its reallocation of the D block, and the establishment of a non-profit Public Safety Broadband Corporation.

In addition to reallocating the D block to public safety and mandating the creation of the corporation to oversee the public safety spectrum, the Public Safety Spectrum and Wireless Innovation Act would authorize the FCC to hold incentive auctions and require it to auction a large chunk of spectrum, including the 1755-1850 MHz band, authorize $12 billion to deploy a nationwide public safety broadband network, produce at least $10 billion for deficit reduction, and make a number of spectrum reforms. Any reallocation of TV spectrum would be voluntary.

Committee members had filed more than 80 amendments to the bill (TRDaily, June 6), but the panel ended up taking up fewer than a fourth of those. It approved by voice vote an en bloc package of 17 generally noncontroversial amendments and voted down one other amendment. The rest of the filed amendments were not introduced, although several senators discussed them and said they hoped to work with their colleagues on them as the bill moves to the Senate floor.

“Today’s vote and the strong endorsement of the public safety network get us closer to our goal - making things safer for Americans and first responders,” said Sen. John D. (Jay) Rockefeller IV (D., W.Va.), the panel’s chairman. “I am glad that we have cleared this bill out of the Committee, and I intend to have conversations with leadership immediately about timing for a vote by the full Senate. I strongly encourage my colleagues in the House to also move forward with this legislation so that we can sign it into law by September, the 10th anniversary of the 9/11 terrorist attacks.”

Mr Rockefeller told reporters after today’s markup that the overwhelmingly bipartisan vote for the bill puts it in a good position to get floor time, although he didn’t indicate when he thought that would be. He said he doesn’t expect that the bill would be able to get through on unanimous consent.

“I think what we’ve done today is create unstoppable momentum, because we did something that others have failed to do, and which was specifically called for in the 9/11 Commission,” he said. “We can pass it in the Senate.” Asked about House passage, the senator replied, “I’m not going to worry about the House right now. We’ve done our work.” He also said he was confident that the public safety community would continue to lobby hard for the legislation.

Mr. Rockefeller also stressed that the bill “basically doesn’t cost the taxpayers anything” while contributing $10 billion toward deficit reduction. “Some wanted to have the whole thing for deficit reduction. I just found that impossible to deal with” because no auction proceeds would have gone to funding a nationwide public safety network, he added.

“The Commerce Committee has come together to move forward the most significant piece of telecommunications legislation in a decade,” said Sen. Kay Bailey Hutchison (R., Texas), the panel’s ranking member. “It is imperative our communications infrastructure be ready to handle the growth and innovations of the future. We have a bipartisan agreement that will build, without taxpayer funds, a 21st century public safety network that gives first responders the tools to do their jobs. Our bill will spur job creation, generate hundreds of billions in economic activity, and drive research and development while bringing down the national deficit. This is a commonsense approach to a national priority, and I hope the Senate will pass S. 911 without delay.”

In opening remarks at this morning’s markup, Ms. Hutchison noted that she and Mr. Rockefeller had worked hard to forge a consensus. “We began this bill with very different approaches,” she said, noting that draft language she had circulated had a number of provisions aimed at improving spectral efficiency. “I think we have come out with an excellent bill,” she said. “It’s going to be efficient, and it’s going to be fiscally responsible, and it’s going to protect our country.”

Sen Rockefeller repeatedly praised Ms. Hutchison for her willingness to compromise, saying at one point he was “in awe” at the bipartisan approach they both showed. The chairman, who said S 911 “marries smart spectrum policy with good public policy,” also urged his colleagues with amendments “to not lose track of the big picture - and the main point of this bill - which is to give first responders the tools they need to do their jobs.”

While Sen. Rockefeller wants the legislation signed by President Obama by Sept. 11, the Senate’s schedule, which includes a number of holiday and other breaks, and skepticism by some Republicans on the House Energy and Commerce Committee to the approach taken in the Senate bill make achieving that goal difficult.

“Strong bipartisan committee backing for the measure could create momentum for Senate passage and ratchet up pressure for House action,” Stifel, Nicolaus & Company, Inc., said in a research note issued before today’s markup. “But narrow partisan-tinged approval, divisive amendments, or even lukewarm/conditional support with promises of floor brawls could impede action by the full Senate, where the minority has more power to block legislation.”

Senators can place “holds” on legislation and backers of the bill will likely need 60 votes to preclude any filibuster attempt, the research note pointed out. Another key will be the CBO [Congressional Budget Office] budget ‘score’ for the bill after it comes out of committee,” the firm said. “The more projected auction revenue and deficit reduction there are, the better the prospects; the less projected revenue and deficit reduction there are, the more difficult the prospects.”

Those voting against the bill were Sens. Jim DeMint (R., S.C.), ranking member of the communications, technology, and the Internet subcommittee, Patrick J. Toomey (R., Pa.), Marco Rubio (R., Fla.), and Olympia J. Snowe (R., Maine).

The senators combined had filed 63 of the amendments, only 10 of which were included in the en bloc package. The only other amendment to the bill offered today was one by Sen. Toomey. It would have stripped $1 billion in funding for research on public safety equipment. The amendment failed on a 16-9 vote.

Sen. DeMint complained that the bill does not reserve enough for deficit reduction, that it would create the Public Safety Broadband Corporation, and that it would take the D block off the auction table.

“This is a spending bill which costs more than $17 billion,” the senator said, complaining that it would give “away for free” the D block, which could generate $2.8 billion, and spend more than $14.5 billion in auction revenues “that would otherwise be used to reduce the deficit.”

He also complained that the non-profit corporation would be run by cabinet-level officials or appointees of the executive branch, adding that “somehow this new corporation is being sold to us and to the public as a private entity.” He said such a “quasi-government entity” has not worked with Amtrak or the U.S. Postal Service and suggested it wouldn’t be able to build and maintain a cutting-edge public safety broadband network.

“What we will do is end up with a second-rate communications system for our public system, while the private sector moves ahead with technological advancements,” he said. “We can have this network that we want ... but we cannot do it with a bureaucratic ... centrally controlled system here that is anything but private. It’s going to be politicized and I think we know it. Americans have called on us to reduce our deficit. We can sell this spectrum and reduce our deficit, and at the same time present to our first responders around the country the best system in the world.”

An aide to Sen. DeMint told TRDaily that the bill would need 60 votes to pass the Senate, adding, “It’s headed for a bumpy road on the floor, and increasing opposition in the House.”

Mr. DeMint had filed 31 amendments. His amendments approved as part of the en bloc package would (1) change the initial and renewal license terms for the Public Safety Broadband Corporation from 15 years to 10 years, (2) require the chair of the corporation to be a non-federal member, (3) require at least six non-federal board members for a quorum, (4) direct National Institute of Standards and Technology research and development concerning public safety systems, and (5) remove a 2015 expiration a 2015 expiration deadline for the FCC to auction 2 gigahertz MSS (mobile satellite service) spectrum available for terrestrial use.

Two amendments by Sen. Mark R. Warner (D., Va.) were in the package. One would require NIST to develop a Transitional Analysis of public safety network attributes, while the other would require the FCC to inventory public safety spectrum. Mr. Warner did not offer an amendment that he had filed that would have required the return of public safety spectrum between 470 MHz and 512 MHz and in the 700 MHz and 800 MHz narrowband channels, but he said today he wants to continue to discuss that controversial issue, saying he doesn’t believe that all public safety channels are being used efficiently. He also said he wants to continue to discuss an amendment he had filed, on behalf of himself and Sen. Roger F. Wicker (R., Miss.), to spur the development of public safety broadband devices.

Sen. Roy Blunt (R., Mo.) agreed to pull an amendment that would have required the D block to be auctioned. “I don’t think we have that many places to get $3 billion,” he said. But he said public safety should have access to the spectrum during emergencies. He said he would like to continue to discuss the issue. Separately, he said he would like the bill to have language that requires the FCC to replicate the broadcast signal of stations during repacking. A Blunt amendment that was part of the en banc requires the FCC to report to Congress about unlicensed spectrum use in five years.

An amendment by Sen. Amy Klobuchar (D., Minn.) in the en banc package would require the FCC and the National Highway Traffic Safety Administration to issue reports on the cost of deploying next-generation 911 (NG-911) services, and deployment recommendations, respectively. However, the senator did not introduce another amendment that would have reauthorized a 911 grant program and 911 grant office. The Public Safety Alliance (PSA) had opposed authorizing that funding in S 911.

Two amendments by Sen. Toomey in the en banc package would prohibit the non-profit corporation from lobbying and require the Government Accountability Office to annually audit the corporation. The senator withdrew an amendment that would ban the FCC from imposing restrictions on who could participate in an auction. He also withdrew another amendment that dealt with the repayment of loans from the National Telecommunications and Information Administration to the nonprofit corporation.

Ms. Hutchison said she supported the amendment to ban the FCC from restricting participation in auctions, which she said would “artificially limit the marketplace,” as long as the bill ensures that small players have an opportunity to bid. She said it makes an effort to do that.

Another amendment that wasn’t offered was one by Sen. Wicker, for himself and Sen. Mark Begich (D., Alaska), that would have required devices in the 700 MHz band to be capable of operating across all paired channels. It also was opposed by the PSA, which saw only a couple of the amendments they opposed get through as part of the en banc package.

Sen. Claire McCaskill (D., Mo.) complained that the legislation doesn’t treat low-power TV operators fairly, saying an amendment she had agreed to pull would not allow the Commission to involuntarily reclaim their spectrum without compensation. Sen. Rockefeller said he knows the issue is a difficult one but said low-power operators use the spectrum on a secondary basis and suggested that the cost of the legislation could balloon if they were compensated. “We worked very hard to balance this legislation,” he said. “This issue will not be very easy to resolve.” The committee, however, approved as part of the en banc a Hutchison amendment that requires the FCC to allow low-power stations to relocate from UHF to VHF for repacking purposes.

The other amendments that were part of the en banc package would (1) prevent the nonprofit corporation from offering commercial wireless services to the public (Sen. Kelly Ayotte (R., N.H.), (2) require the corporation’s board of directors to have both rural and urban members (Sen. Rubio), (3) direct the corporation to leverage existing commercial infrastructure (Sen. Rubio), (4) reduce from 15 years to eight years the length of time unused funds could stay in the Spectrum Relocation Fund (Sen. Rubio), and (5) address unlicensed spectrum language (Sen. Maria Cantwell (D., Wash.).

The approval of S 911 drew praise from public safety officials, industry entities, public interest groups, and other members of Congress.

“This is a huge win for public safety,” said Charles Dowd, deputy chief of the New York City Police Department and a spokesman for the PSA, noting that only a year ago it was a “struggle” to find support to reallocate the D block. The bipartisan nature of the vote “helps build momentum for us going out onto the Senate floor,” he said. He noted that the public safety community must now focus on lobbying the rest of the Senate, instead of just members of the Senate Commerce Committee - and then turn to the House. “Public safety is going to have to expand its efforts to every member of the Senate,” Mr. Dowd said. “We want to get this passed quickly.”

“We greatly appreciate the focus the bill places on authorizing incentive auctions and making additional spectrum available for commercial wireless providers,” said Steve Largent, president and chief executive officer of CTIA. “Making additional spectrum available is critical to ensuring that the wireless industry can continue to meet the exploding demand for wireless broadband services and remain a catalyst for economic growth.”

"For too long, the nation’s first responders have not had access to a nationwide, truly interoperable, broadband network for their use,” said Grant Seiffert, president of the Telecommunications Industry Association. “Today’s action by the Senate Commerce Committee is a significant step towards this milestone.”

“We applaud Chairman Rockefeller, Ranking Member Hutchison, and members of the Senate Commerce Committee for advancing a comprehensive approach to spectrum policy that encourages greater spectrum efficiency, meets the broadband needs of public safety personnel, and preserves Commission flexibility with respect to auction design,” said Michael Powell, president and CEO of the National Cable & Telecommunications Association. “We especially appreciate the committee’s effort to craft a fair framework for reclaiming broadcast spectrum through incentive auctions that will cover costs incurred by cable operators due to channel sharing or repacking and will not expand or extend current carriage obligations. We look forward to working with the Committee and with Congress as this important legislation is considered in the Senate.”

Matthew Polka, president and CEO of the American Cable Association, praised the bill as a “comprehensive approach that at once promotes spectrum efficiency, safeguards the interests of the public safety community and minimizes the impact of these policies on other parties, like smaller cable operators. Inclusion of incentive auctions designed by the Federal Communications Commission is another positive feature, especially because it will provide funding to compensate cable operators for all costs associated with carrying TV stations that share spectrum or are repacked. ACA is also pleased the Senate bill will not expand TV station must carry rights on cable systems beyond what’s provided in current law.”

“This legislation takes the essential first steps to address the nation’s critical shortage of licensed spectrum and sets the course for a vibrant wireless future,” said Rhod Shaw, executive director of the High Tech Spectrum Coalition. “We look forward to swift action by the House and enactment of this authority by the end of this year so the auction process can get underway in earnest.”

Tim McKone, AT&T, Inc.’s executive vice president-federal relations, said, “AT&T has long supported the Public Safety Spectrum and Wireless Innovation Act and its goals of adequately addressing the spectrum crisis our industry is facing while at the same time ensuring that our nation’s first responders receive the critical resources they need to communicate during emergencies. We applaud Chairman Rockefeller and Ranking Member Hutchison for their tireless, and bi-partisan, efforts to shepherd this through the Committee. We look forward to working with them as it moves to the full Senate.”

“The Public Safety, Spectrum and Wireless Innovation Act advances three significant policy goals for the American economy. First, it would bring spectrum to the mobile market that will facilitate more investment and innovation in the wireless broadband space. Second, auctions for this newly available spectrum will generate significant revenue to help address the nation’s deficits. Third, this measure advances the decade-long push for an interoperable public safety broadband network that brings the most advanced communications technologies to first responders,” said Peter Davidson, senior vice president-federal government relations for Verizon Communications, Inc.

Michael Petricone, SVP-government affairs for the Consumer Electronics Association, said that today’s vote “marks a major milestone in ensuring that our nation’s spectrum resources are put to the highest use. Authorizing the FCC to conduct incentive auctions will result in billions of dollars for the U.S. Treasury, while securing our nation’s wireless future. We urge Congress to move forward on legislation to free up additional spectrum for wireless broadband as expeditiously as possible.”

“Mobile Future applauds Senators Rockefeller and Hutchison for their bi-partisan leadership on this important piece of spectrum legislation,” said Jonathan Spalter, the group’s chairman. “We appreciate the Committee’s clear recognition that we must urgently make additional wireless spectrum available to fuel our technology-driven economy.”

The National Association of Broadcasters “appreciates the hard work of Chairman Rockefeller and ranking member Hutchison in shepherding through today’s legislation,” said Gordon Smith, president and CEO of the trade group. “As the process moves forward, NAB will work with policymakers to help ensure that broadcasters are able to deliver on the promise of free and local digital television made to tens of millions of viewers.”

Advocates of protecting the use of TV “white spaces” for unlicensed use said they were pleased by the amendment by Sen. Cantwell that was included in the en bloc package. However, the amendment was watered down from the original one she had filed.

The modified amendment says that 84 MHz must be auctioned, but it does not say the FCC must auction the first 84 MHz it can free up, as the original bill language had. It also says that the FCC can use auction proceeds “for the purpose of ensuring that unlicensed spectrum remains available in these frequency bands, nationwide, and in each local market.” The original Cantwell amendment would have removed the reference to 84 MHz.

Google, Inc., said it was “pleased with the Committee’s adoption of Senator Cantwell’s amendment, which underscores the importance of unlicensed spectrum to our country’s economic growth and innovation. We will continue working with policymakers to ensure that the enormous consumer benefits of TV white spaces and other unlicensed spectrum are amply protected and promoted going forward.”

“This amendment makes clear that the white spaces must be protected,” said Gigi Sohn, president and cofounder of Public Knowledge. But Matt Wood, policy director for the Free Press Action Fund, expressed concern “that the bill includes an unnecessary auction target that jeopardizes the viability of these plans.”

“The adoption of the Cantwell amendment today echoes the sentiments of the National Broadband Plan, that long with freeing up more licensed spectrum, we must also expand and protect unlicensed spectrum as a platform for innovation and key component in our nation’s spectrum reform agenda,” the Wireless Innovation Alliance said.

Steve Berry, president and CEO of the Rural Cellular Association, commented on the fact that Sen. Wicker did not introduce the interoperability amendment. “The Wicker-Begich amendment made significant strides in advancing the need for interoperability for public safety and commercial users - it’s now an issue that nearly every member of the Committee is aware of. The fact that the amendment wasn’t offered is not indicative of the strong support for the policy of interoperability across the 700 MHz band and in all future blocks of spectrum auctioned together. Chairman Rockefeller has recognized that this is an important issue and has indicated to Senators Wicker and Begich that he will continue to work on it.”

“We are pleased that Chairman Rockefeller has pledged his support for interoperability across the 700 MHz band,” the Connect Public Safety Now coalition said. “We look forward to working with him, Senators Wicker and Begich, and a bipartisan group of other members of the Senate Commerce Committee over the next few weeks to mandate interoperability across the 700 MHz band, thereby ensuring competitive opportunities for all interested carriers to partner with the public safety community to deploy a nationwide wireless interoperable broadband network.”

Sen. John McCain (R., Ariz.) praised Sens. Rockefeller and Hutchison for pushing S 911 through the committee today and said he and Sen. Joseph I. Lieberman (I., Conn.), chairman of the Senate Homeland Security and Governmental Affairs Committee, hope to work with their colleagues to combine their D-block reallocation bill (S 1040) with S 911. He said they want “to ensure the final bill is fully paid for and offers funding for deficit reduction in addition to spectrum and funding to first responders. We are confident all these needs can be met.”

Rep. Peter T. King (R., N.Y.), chairman of the House Homeland Security Committee, praised the approval of S 911 today and reiterated his call for the House Energy and Commerce Committee to take up D-block reallocation legislation (HR 607) he introduced in February with Rep. Bennie G. Thompson, the ranking member of the House panel (TRDaily, Feb. 10). HR 607, which has 34 cosponsors, has been referred to the House Commerce Committee.

The National Emergency Number Association commended the Senate Commerce Committee for including Sen. Klobuchar’s NG-911 amendment in the bill. “This is a significant step in advancing our nation’s public safety services,” said NENA President, Steve O’Conor. “We are grateful to Senator Klobuchar for her fierce dedication to improving 9-1-1 systems across the United States, and to Chairman Rockefeller and Senator Hutchison for recognizing the central role of 9-1-1 in an integrated emergency communications environment.” - Paul Kirby, paul.kirby@wolterskluwer.com