Order Code RL31375
Report for Congress
Received through the CRS Web
Meeting Public Safety
Spectrum Needs
Updated December 18, 2002
Linda K. Moore
Analyst in Telecommunications Policy
Resources, Science, and Industry Division
Congressional Research Service ˜ The Library of Congress

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Meeting Public Safety Spectrum Needs
Summary
In the aftermath of September 11, 2001, Congress reaffirmed its concern
regarding the availability of spectrum to meet the wireless communications needs for
public service agencies. Issues include the amount of spectrum available, the timing
of spectrum availability, interoperability, interference, technology, access, standards,
and funding. Provisions currently in the Homeland Security Act of 2002 (P.L. 107-
296, H.R. 5005) instruct the Department of Homeland Security (DHS) to address
some of the issues concerning public safety communications in emergency
preparedness and response and in providing critical infrastructure. Several important
policy decisions that would increase the amount and efficiency of spectrum used by
first responders and other public safety organizations are under consideration by the
Federal Communications Commission (FCC). During the 107th Congress, several
bills were introduced to meet public safety spectrum concerns. These concerns and
others may be revisited by the 108th Congress. This report focuses on key proposals
for improving wireless telecommunications for public safety and recent actions to
achieve this goal.
Sufficient and appropriate spectrum is fundamental to the future of wireless
communications for public safety. The manner in which the spectrum is allocated
is also important and this is illustrated, for example, in the problem of interference
to public safety communications. This problem has opened a debate over how to
reallocate spectrum not only to reduce interference but also to maximize the benefit
to other users in adjacent bands. Business and industrial users, for example, are
examining their need for spectrum for applications in critical infrastructure security,
such as pipeline surveillance, and some have petitioned the FCC to reclassify their
licenses to reflect the public safety aspects of their private networks.
Interoperability — the ability to communicate effectively among all wireless
networks used for public safety — depends both on spectrum and technology. Some
spectrum is already designated specifically for interoperability for public safety
communications but plans for future development are hampered by uncertainty over
the release of the spectrum, currently used for analog television. Meanwhile, the
availability of new broadband technologies has further increased the need for
spectrum. The FCC announced in February 2002 that it would allocate new
spectrum for public safety broadband. Uses would include wireless ambulance
support; highspeed file transfers including medical histories, photo images of wanted
and missing persons, maps and building plans, and videos of incidents in progress;
multimedia connections to support police officers, firefighters and SWAT missions;
low flying surveillance videos; and mobile robotics that could, for example, enter
hazardous areas for rescue missions and inspect non-accessible areas.
The FCC has also allocated spectrum to test ultra-wideband (UWB) applications
geared primarily to the needs of first responders. Ultra-wideband technology is a
potential source of interference, especially for satellite systems, although commercial
mobile communications might also be affected. Potential uses of UWB in law
enforcement and fire and rescue operations include imaging technology for in-
ground, in-wall, and through-wall detection of people and objects.

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Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Spectrum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Identifying Public Safety Needs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Future Programs: Project SAFECOM . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Public Safety Wireless Advisory Committee . . . . . . . . . . . . . . . . . . . . . 6
Federal Law Enforcement Wireless Users Group . . . . . . . . . . . . . . . . . 6
Public Safety Wireless Network (PSWN) . . . . . . . . . . . . . . . . . . . . . . . 7
The Federal Communications Commission . . . . . . . . . . . . . . . . . . . . . . 8
National Telecommunications and Information Administration . . . . . . 9
Office of Spectrum Analysis and Management . . . . . . . . . . . . . . . . . . 10
Federal Emergency Management Agency . . . . . . . . . . . . . . . . . . . . . . 10
Other Organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Spectrum for Public Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Congestion: 100-512 MHz Range . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Interoperability: Upper 700 MHz Band . . . . . . . . . . . . . . . . . . . . . . . . 13
Interference and Access: 800 MHz . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Multiple Address Systems at 900 MHz . . . . . . . . . . . . . . . . . . . . . . . . 23
Full Broadband Capabilities: 4.9 GHz . . . . . . . . . . . . . . . . . . . . . . . . . 23
Future Technologies: Ultra-wide Band . . . . . . . . . . . . . . . . . . . . . . . . 25
Activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
in the 107th Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Legislative Initiatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Issues Before Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Spectrum-Related Legislation Before the 107th Congress (Excluding
Appropriations Bills and Department of Homeland Security) . . . . . . . . . . 30
List of Figures
Figure 1. Public Safety Spectrum Bands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

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Meeting Public Safety Spectrum Needs
Introduction
Heightened awareness of the integral role of the nation’s wireless
communications infrastructure in providing homeland security is bringing to the fore
technical issues about public safety spectrum that have lain fallow for a number of
years. This report focuses on issues concerning technology, the connection between
technology standards and spectrum allocation, and the competition for spectrum
among many users with diverse needs. A “spectrum reform bill” covering spectrum
management and policy is reportedly being prepared for introduction in the Senate.
Some believe it will spark a two- to three-year debate in Congress.1 Another bill
slated for introduction in the 108th Congress would increase spectrum for broadband
technologies presently concentrated in spectrum bands that are not licensed by the
Federal Communications Commission (FCC).2 Public safety uses of, and access to,
spectrum will be integral to most debates concerning spectrum policy.
This report has two main sections. In the section “Identifying Public Safety
Needs,” some of the organizations — created by government, industry, or not-for-
profit associations — that have dealt with public safety telecommunications are
introduced, and key activities dealing with wireless and spectrum issues are
summarized. This section provides an overview of activity and government
initiatives that address wireless technology and spectrum use for public safety
agencies. Some of these functions have been assigned to DHS. Within DHS,
reassigned agencies may be given new responsibilities. Functions of other agencies
may change as the organization of the Department of Homeland Security proceeds.
The second main section, “Spectrum for Public Safety,” is organized by the
major spectrum bands where public safety wireless communications are in use or
planned. These are at: 100-512 MHz; 700 MHz; 800 MHz; 900 MHz and 4.9 GHz.
Ultra-wide band (UWB), that broadcasts across a broad range of frequencies, is also
discussed.
1 Reuters wire service, “Sen. Burns to Offer Wireless Spectrum Bill,” April 8, 2002.
Senators Burns, Hollings, Inouye and Kerry requested a review of spectrum policy by the
General Accounting Office (GAO). GAO-02-906, “Better Coordination and Enhanced
Accountability Needed to Improve Spectrum Management,” was published September 2002.
2 Proposed as the “Jumpstart Broadband Act,” a draft bill has been circulated by Senators
Boxer and Allen, who have announced plans to introduce it in the 108th Congress. Sources:
[http://www.allen.senate.gov/PressOffice/] and [http://www.boxer.senate.gov/newsroom/].

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CRS-2
Background
Public safety agencies such as firefighters and police officers, and non-
government organizations such as private ambulance services, are the nation’s first
responders in times of emergency. Communications, often wireless, are vital to these
agencies’ effectiveness and to the safety of their members and the public.
Redundancy and inter-connectivity are two key words in designing plans to
protect critical telecommunications infrastructure. The catastrophic events at the
World Trade Center and the Pentagon on September 11, 2001 provided many lessons
in the successes and failures of telecommunications and information technology,
particularly in responding to the massive crisis in lower Manhattan.
Despite major disruptions to wireline, wireless and broadcasting infrastructure,
communications were sometimes gridlocked, but not paralyzed. Commercial cell
phones were mostly useless because of insufficient capacity for the high demand, but
telephones continued to function throughout most of the five boroughs of New York
City. The Internet, built on packet-switch technology, operated normally and some
of the survivors from the World Trade Center area found their way to safety guided
by e-mail. The Stock Exchange shut down but the Federal Reserve System and the
nation’s banking network continued to function. Priority Access Service, an
established plan to assure that wireline phone calls among key personnel could move
through busy telephone switches, was activated. Telecommunications companies
rushed additional equipment to the area and wherever possible switched connections
from damaged switching centers to intact ones, even when operated by rival
companies. Cell towers were rolled in to replace those lost in the holocaust. These
were some of the successes.
At Ground Zero, turmoil predominated as first responders converged on the
scene, arriving with incompatible communications equipment. Many perished in the
twin towers because of inadequate communications, including the failure of out-
dated wireless communications equipment used by firefighters.3
In general, the systems that held up the best were those designed with
redundancy and back-up in mind, where standardization and inter-modality are the
norm. These systems, such as the banking system, relied on — and could often use
interchangeably — internet, wireline and fiber optic communication backbones.
They benefitted from significant investments in systems integration including
seamless connectivity to operating systems and information databases. The systems
that tended to fail were those with the least standardization, and sometimes with the
least investment in needed technology. First responders’ communications plans
centered primarily on wireless technology and transmission over assigned
bandwidths of spectrum; when the technologies and the radio frequencies didn’t
mesh, the back-up system was hand-carried notes. In addition to poor capacity for
inter-connectivity — or interoperability — among public safety agencies, the wireless
communications networks often lacked connectivity to databases and diagnostic
systems.
3 “Fatal Confusion: A Troubled Emergency Response . . .”, New York Times, July 7, 2002.

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CRS-3
Insufficient interoperability — the technical capacity of different systems to
communicate with each other — is one of the defects in America’s public safety
communications networks. Interoperability is indicative of the problems besetting
this network. Common factors interoperability shares with other components of the
country’s flawed public safety network include:
! Unresolved questions regarding spectrum: amount needed,
bandwidth locations and regulations for use.
! Incomplete standards, rooted in a long history of proprietary
manufacturer standards that stocked public safety agencies with
incompatible hardware.
! Lagging technology: throughout the country, public safety agencies
at the local, state and federal level are using technology that many
studies have described as outmoded New communications
technologies exist but are barely implemented for a variety of
reasons relating to cost, organization and the technical capabilities
of various public safety agencies.
! Lack of a coordinating network policy, exemplified by an absence
of operational standards or protocols and incomplete efforts for
federal/state/local programs for cooperation and coordination.
Spectrum
Radio frequency spectrum provides an invisible roadway for wireless
transmissions; each band of measured spectrum is like a highway lane guiding
communications to their destination. It is used for all forms of wireless
communications, such as cellular telephony, paging, radio and television broadcast,
telephone radio relay, aeronautical and maritime radio navigation, and satellite
command and control. Users include federal, state, local and tribal governments,
private industry, and amateur radio operators. Commercial operators include
broadcasters, wireless communications companies, and the manufacturing,
transportation and utilities industries. Government users include agencies of the
federal government, such as the Department of Defense, and state and local public
safety agencies, such as state highway patrols. Spectrum, a valuable resource,
limited by technology, is managed by the federal government to maximize efficiency
in its use and to prevent interference among spectrum users.
Wireless communications operate on designated frequencies using spectrum
managed, in general, by either the FCC or the National Telecommunications and
Information Administration (NTIA). Among other responsibilities, the FCC
supervises spectrum for services that include commercial wireless telephony, radio
and television broadcasts, and public safety agency communications. The NTIA —
part of the Department of Commerce — administers spectrum used by federal
entities, including the Department of Defense (DOD), and serves as the principal
adviser to the executive branch on domestic and international telecommunications
issues. The NTIA and the FCC work together, and with Congress and the President,
to coordinate spectrum policy.

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CRS-4
Wireless (radio frequency) spectrum is measured in cycles per second, or hertz
(Hz).4 Spectrum allocations are divided into channels. Placing many channels in a
designated spectrum band constitutes narrowband. Broadband has comparatively
fewer channels and therefore greater capacity for sending images and other data at
high speeds. Contiguous spectrum for broadband is important for advanced wireless
telecommunications applications. The term wideband is sometimes used in the
telecommunications industry to describe limited broadband applications transmitted
on narrowband channels. An example is “mobile data” for public safety. This
provides voice and data communications and supports interoperability for text
messages.
Currently, non-federal public safety agency communications use VHF and UHF5
frequencies below 512 MHz and UHF frequencies in the 806-824/851-869 MHz
ranges.6 At 4.9 GHz, the FCC has recently designated 50 MHz for public safety.
Also, ultra-wideband technology that has been provisionally approved will be used
for public safety. The trends in public safety technology and spectrum management
are on track to place broadband in higher frequencies and to develop digital
narrowband and wideband in the lower frequencies. The lower bands (illustrated
below) are the main focus of discussions about spectrum policy and management.
(Note that spectrum at 764-776/794-806 MHz, designated in the illustration with
an asterisk, is not yet available for use by public safety.)
Figure 1. Public Safety Spectrum Bands
Source: Public Safety Wireless Communications Systems, PSWN Program Information Brief
Because public safety networks operate on many different frequencies and
because most wireless communications equipment in use was designed to operate on
a limited number of frequencies, interoperability is a critical technical issue.
Interoperability means that different public safety agency networks can readily
contact each other in a mission-critical situation because they have invested in the
4 Standard abbreviations for measuring frequencies include: kHz — kilohertz or thousands
of hertz; MHz — megahertz, or millions of hertz; and GHz — gigahertz, or billions of hertz.
5 Very High Frequency (VHF) and Ultra High Frequency (UHF) are transmitted in three
bands in the United States — low VHF, high VHF and UHF.
6 Frequency ranges 25-50 MHz; 150-174 MHz; 220-222 MHz (shared with federal
agencies); 421-430 (three urban areas); 450-470 MHz; and 470-512 MHz (11 urban areas).

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CRS-5
necessary communications technology and infrastructure. In general the technology
to support interoperability exists. For it to be fully implemented, three critical
elements must be in place: standardization and coordination; comprehensive
spectrum allocation; and funding.
Identifying Public Safety Needs
Responding to the challenges after September 11, 2001, a number of
government agencies have launched new initiatives dealing with national defense,
infrastructure, first responders and other critical components of security. The FCC
has, for example, created a Homeland Security Policy Council7 to assist its staff and
its constituents with information related to telecommunications and public safety,
including spectrum and the spectrum needs of public safety organizations. The
Federal Emergency Management Administration (FEMA) has been given the
responsibility of creating a grants program to channel funds for telecommunications
equipment, training and other needs to the nation’s first responders. Proposals for
its operation within DHS would further expand the role of FEMA in directing and
supporting first responders.
DHS, the FCC, and other federal agencies directing programs that deal with
public safety spectrum can tap a wealth of information resources, expertise and
administrative frameworks — the product of two decades of efforts to build
consensus, establish national goals and priorities, identify technical issues, and
implement programs. This section highlights some of the entities that have
contributed and continue to contribute to the furtherance of public safety spectrum
programs. Possible reallocation of responsibility under the Department of Homeland
Security is also referenced.
Future Programs: Project SAFECOM. Authorized by the Office of
Management and Budget (OMB) as one of 24 electronic government (e-government)8
initiatives, the primary objective of this program is to support interoperability.
Responsibility for the Wireless Public SAFEty Interoperable COMmunications
Program, dubbed Project SAFECOM, had been assigned by the OMB to the Wireless
Directorate of the Department of the Treasury. At the recommendation of the Chief
Information Officers of several federal agencies, including the Departments of
Treasury, Commerce and Justice, Project SAFECOM would be administered by
FEMA and follow that agency to the Department of Homeland Security.9 The
proposed top-level division of responsibility will be: FEMA, issues related to first
responders; Justice, federal-to-state interoperability; Treasury, federal-to-federal
interoperability; Commerce, interaction with private industry. Other interoperability
7 See [http://www.fcc.gov/hspc]; this home page provides links to other key federal
agencies.
8 “E-government solutions are prominently represented in efforts to improve the
management and efficiency of government information technology resources.” CRS Report
RL31057, A Primer in E-Government, March 28, 2002.
9 “FEMA Takes Lead for Broader Public Safety Wireless Program,” Communications Daily,
June 10, 2002.

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CRS-6
programs, such as those at the Department of Justice, described below, may be
coordinated under SAFECOM.
The long-term objectives of Project SAFECOM are to achieve, nationwide:
federal-to-federal interoperability; federal-to-state/local interoperability; and
state/local interoperability. In line with goals of DHS, it is intended for emphasis to
be placed initially on state and local needs. A “gap analysis” is to be performed to
assess the status of public safety wireless communications at all levels. This would
include spectrum use and needs as well as an inventory of equipment. Public safety
spectrum needs would be examined by SAFECOM, working with the FCC and the
NTIA. The “gap analysis” is expected to lead to equipment guidelines for state and
local governments intended to “govern what they purchase”10 by providing a common
menu of equipment choices. At present, the budget for Project SAFECOM has not
been established. Funding may come by redirecting agency money from existing
programs to the single objective of SAFECOM, as provided in the Clinger-Cohen
Act.11 SAFECOM’s budget is not expected to cover equipment purchases for state
and local first-responders.
Public Safety Wireless Advisory Committee. The Public Safety
Wireless Advisory Committee (PSWAC) was chartered in 1995, at the request of
Congress, to study public safety spectrum and make recommendations for meeting
spectrum needs through the year 2010. The following year, PSWAC submitted a
report12 containing recommendations for the improvement of public safety
communications over wireless networks. Key among these was the request for 95
MHz of additional spectrum for state and local public safety needs. The report
concluded that current federal public safety spectrum bands would meet projected
requirements through 2010, providing there were no interim reductions in the amount
allocated. In response to this report, Congress directed the FCC to allocate 24 MHz
of spectrum to public safety agencies from the 746-806 MHz range as part of the
reallocation of channels 60-69, to be cleared in the migration from analog to digital
televison broadcasting.13
Federal Law Enforcement Wireless Users Group. Several interagency
groups were established to address public safety wireless issues following the
National Performance Review (NPR) issued by Vice President Gore in 1993. The
10 FEMA Chief Information Officer/Assistant Director IT, Ronald Miller, as quoted in
Communications Daily, op.cit.
11 Under the Clinger-Cohen Act of 1996 (P.L. 104-106, Divisions D and E, as amended by
P.L. 104-208), OMB is authorized to manage capital planning and investment for
information technology, including coordination of agency programs and pooling budget
resources to achieve over-arching goals. Drawing on this authority, “Clinger-Cohen letters”
are being sent by OMB to agencies, informing them of planned program cuts. (“OMB
Wields Budget Authority,” Federal Computer Week, July 1, 2002.) For additional
information about the Clinger-Cohen Act, see CRS Report RS21260, Information
Technology (IT) Management: The Clinger-Cohen Act and Homeland Security Proposals.
12 “Final Report of the Public Safety Wireless Advisory Committee,” September 11, 1996
[http://ntiacsd.ntia.doc.gov/pubsafe/final.htm].
13 “Balanced Budget Act of 1997,” P.L.105-33, Title III.

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CRS-7
NPR called for, among other things, the nationwide development of interoperable
wireless systems for all types of public safety agencies at the local, state, and federal
levels of government. As a result, in 1994, a Memorandum of Understanding
between the Departments of Justice and the Treasury formalized what had been an
ad hoc working group as the Federal Law Enforcement Wireless Users Group
(FLEWUG). Its role is to assist federal agencies in sharing information about
wireless communications issues and to “plan, coordinate and implement future
shared-use wireless telecommunications systems and resources.”14 Among its goals
are the development of common standards for land mobile radio, improving
interoperability, and identifying cost-saving processes. More than 30 federal
departments and agencies are members of the users group.
Public Safety Wireless Network (PSWN). FLEWUG created the Public
Safety Wireless Network (PSWN Program)15 in 1996 to implement plans to foster
interoperability among wireless networks. The PSWN Program explores options
available for providing spectrally efficient, interoperable, and cost-effective wireless
communications that will meet the requirements of local, state, and federal public
safety organizations. SAFECOM is expected to rely heavily on assistance from
PSWN in fulfilling its charter at the state and local level. PSWN will become a
division of SAFECOM, with continuing support from Justice and Treasury.
Shortly after September 11, 2001, PSWN petitioned the FCC to revisit the need
for additional spectrum for wireless communications within and between public
safety agencies and other first responders.16 In the report it filed with the FCC,
PSWN noted that spectrum from channels 60-69 (the Upper 700 MHz band)
designated for public safety use by the FCC had still not been freed for this purpose.
It reiterated the need for spectrum to support interoperability and made
recommendations for additional allocations for public safety communications that
would meet the spectrum needs identified by PSWAC in 1996. Specifically, PSWN
identified the need for more spectrum for interoperability below 512 MHz and
requested that spectrum in the 4.9 GHz range be used for public safety instead of
being auctioned for commercial use. The report evoked the potential for using this
spectrum for numerous broadband applications and new technologies that would aid
first responders. The 24 MHz in the Upper 700 MHz band is judged by PSWN and
others17 to be insufficient for broadband. Also they believe additional spectrum is
needed for localized network support such as Personal Area Network/Vehicular Area
Network (PAN/VAN) systems.
14 See http://www.pswn.gov/about.htm.
15 The PSWN Program is administered jointly by the Departments of Justice and the
Treasury. The Program is scheduled to end in 2010 [http://www.pswn.gov].
16 “Petition for Rule Making by the Public Safety Network to Promote the Allocations of
Spectrum for Public Safety Agencies and Other Matters to Address Communications Needs
Through 2010,” PSWN, September 14, 2001 [http://www.fcc.gov/e-file/ecfs.html].
17 See, for example, “4.9 GHz: A Public Safety Spectrum Opportunity,” ex parte filing July
31, 2001 regarding FCC WT Docket 00-32, by John Lyons, Motorola Government
Relations, Washington, DC [http://www.fcc.gov/e-file/ecfs.html].

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CRS-8
PSWN subsequently prepared an analysis of the effectiveness of
communications in the Washington, D.C. metropolitan area after the attack on the
Pentagon on September 11.18 The report evaluates the level of interoperability
among the public safety agencies responding to the attack as well as other measures
of performance. Some of the recommendations developed as a result of the study
cover specific steps that could be implemented by public safety agencies at all levels
to enhance communications interoperability.
In 1998, PSWN estimated the total cost to replace existing core infrastructure
for public safety telecommunications systems nationwide at $18.3 billion.19 The
costs for upgrading systems with new technologies, additional features, and
interoperable capabilities would be higher.
The Federal Communications Commission. The FCC has created
several key administrative groups to participate in spectrum management and
planning. In 1986, it formed the National Public Safety Planning Advisory
Committee to advise it on management of spectrum in the 800 MHZ band, newly
designated for public safety. The following year, the FCC adopted a Public Safety
National Plan that, among other things, established Regional Planning Committees
(RPCs) to develop plans that met specific planning needs. The regional planning
approach is also being applied to spectrum in the Upper 700 MHz band.20 The FCC
encourages the formation of RPCs with a broad base of participation. The RPCs
have flexibility in determining how best to meet state and local needs, including
spectrum use and technology.
Public Safety National Coordinating Committee. Technical and
operational standards for the Upper 700 MHz band are being developed and
recommended to the FCC by the Public Safety National Coordination Committee
(NCC). Established by the FCC in 1999, the NCC is also working on a plan for
nationwide interoperability. The NCC will be submitting recommendations to the
FCC for broadband technology on these public safety bandwidths in February 2003.
Standards for other public safety technologies using 700 MHz have been established
and the technical specifications have been agreed upon and sent to manufacturers.
Issues of coordination that must still be agreed upon include channel-naming
protocols. The FCC has declined to rule on naming protocols, saying the industry
should reach consensus according to “best practices,” and not by mandate.21
The NCC has a Steering Committee of government, the public safety
community and the telecommunications equipment manufacturing industry.
Government agencies that are co-sponsors of the NCC, with the FCC, are the NTIA,
18 “Answering the Call: Communications Lessons Learned from the Pentagon Attack,”
January 2002, [http://www.pswn.gov].
19 “Land Mobile Replacement Cost Study,” June 1998, [http://www.pswn.gov].
20 See [http://wireless.fcc.gov/publicsafety/700MHz/regional.html].
21 Kathleen Wallman, Chair of the Public Safety National Coordination Committee (NCC),
conversation June 26, 2002

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CRS-9
FEMA, and the Departments of Justice and the Treasury. The charter for the NCC
is scheduled to expire in early 2003.
FCC and Homeland. The Homeland Security Policy Council (HSPC),
recently formed by the FCC, has announced initiatives “to improve public safety by
addressing spectrum issues, including interoperability and redundancy.”22 To this
end, the HSPC is providing coordination and oversight of the FCC’s actions related
to public safety, many of which are discussed in this report. The HSPC is comprised
of FCC staff; all divisions are represented.
In January, 2002, HSPC rechartered the Network Reliability and Interoperability
Council (NRIC). The role of NRIC is to develop recommendations for the FCC and
the telecommunications industry to insure optimal reliability, interoperability and
inter-connectivity of public telecommunications networks and the Internet. The
Council’s members are senior representatives from the telecommunications industry
”23 Richard C. Notebaert, Chairman and Chief Executive Officer of Qwest
Communications is Council Chairman.
Spectrum Policy Task Force. A cross-bureau, multi-disciplinary task force
was announced June 6, 2002 to assist the FCC in identifying and evaluating changes
in spectrum policy. Comprised of senior staff from within the FCC, the Task Force
is seeking public comment on spectrum policy. Additionally, workshops will be held
during July and August 2002 to facilitate debate on policy topics. In the request for
comments, the FCC provided five major categories of policy issues: (1) market-
oriented allocation and assignment; (2) interference protection; (3) spectral
efficiency; (4) public safety communications; (5) international issues. The Task
Force is to provide a report to the FCC in October 2002.24
National Telecommunications and Information Administration. To
address the need for interoperability spectrum, in June 1999 the NTIA designated
certain federally-allocated radio frequencies for use by federal, state, and local law
enforcement and incident response entities. The frequencies are from exclusive
federal spectrum, and are adjacent to spectrum used by state and local governments.
NTIA’s “interoperability plan,” developed in coordination with the Interdepartmental
Radio Advisory Committee (IRAC)25 and the Federal Law Enforcement Wireless
Users Group, was intended to improve communications in response to emergencies
and threats to public safety. NTIA described the plan, along with the efforts of the
FCC and the PSWN, as one of “the first steps to ensuring that sufficient radio
spectrum is available when and where an emergency or public safety need may
arise.”
22 See [http://www.fcc.gov/hspc].
23 Council Charter, see [http://www.nric.org]
24 See [http://www.fcc.gov/sptf].
25 IRAC, with representation from 20 major federal agencies, develops policies for federal
spectrum use, and represents the United States at International Telecommunications Union
conferences. [http://www.ntia.dov.gov/osmhome/irac.htm/].

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NTIA created a Public Safety Program Office in 1996 to coordinate federal
government activities for spectrum and telecommunications relating to public safety.
In June 2002, the Public Safety Program and PSWAC co-sponsored an “executive
leadership summit” on public safety interoperability.
Office of Spectrum Analysis and Management. The focal point for
spectrum management within the Department of Defense is the Office of Spectrum
Analysis and Management (OSAM).26 Among its functions are to provide strategic
planning for spectrum management, analyze the impact of sharing spectrum on
current and future military operations, coordinate the development and
implementation of spectrum management technologies, and ensure the efficient use
of spectrum.
National Communications System. Previously supervised by the
Department of Defense and now part of DHS, the National Communications System
(NCS) is comprised of 22 federal agencies.27 It is closely linked to the White House
through the National Security Telecommunications Advisory Committee (NSTAC),
that advises the President on national security telecommunications matters, and the
National Security Council. NCS worked with the telecommunications industry to
create the wireline Priority Access System (PAS) and is moving forward with the
development of a nationwide wireless PAS.
Federal Emergency Management Agency. The Office of National
Preparedness at FEMA was chartered by President Bush in May 2001 to coordinate
federal programs at the Department of Defense, Justice, Health and Human Services,
and Energy focused on “weapons of mass destruction consequence management.”
The Office of National Preparedness is comprised of the affected agencies, plus the
Coast Guard, the U.S. Fire Administration and representatives of local first
responders, among others. Post 9-11, the Office of Homeland Security asked the
new FEMA office to study the response capability at the state level in case of terrorist
attack. Prior to the proposal for the creation of a Department of Homeland Security,
the Office of National Preparedness had begun to structure a program to assist first
responders, centered on key steps such as training, joint exercises, national
assessment, and grants for training and equipment. One of the Office’s objectives is
to establish operational standards and protocols that would define procedures to be
taken by first responders.28 These activities will be consolidated and continued
under the Emergency Preparedness and Response Directorate (EPR) of DHS .29
Emergency Alert System and “Reverse 911.” FEMA provides direction
for state and local emergency planning officials in planning and implementing
26 See [http://www.disa.mil/ops/spectrum/].
27 See [http://www.ncs.gov].
28 “FEMA Seeks National Rules for Emergency Response,” Federal Times, March 11, 2002.
29 CRS reports on FEMA and the transition to EPR includeCRS Report RL31670, Transfer
of FEMA to the Department of Homeland Security, Issues for Congressional Oversight, and
CRS Report RS21367, Emergency Preparedness and Response Directorate of the
Department of Homeland Security.

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CRS-11
emergency alerts using the Emergency Alert System (EAS). EAS went live in 1997
as the digitized replacement of the Emergency Broadcast System. It broadcasts
warnings over radio, television and, increasingly, cable channels. EAS was designed
by the FCC and is jointly managed by the FCC and FEMA. The National Weather
Service is linked to EAS through the Weather Radio digital signaling of the National
Oceanic and Atmospheric Administration (NOAA). Historically, the bulk of
emergency alerts broadcast over the EAS system have been weather-related natural
disasters. Originally conceived during the Truman administration, what is now
known as EAS was to be used to alert the populace in case of a treat to the nation,
such as a nuclear attack. In 1963, the emergency alert system was extended to state
and local communities. Broadcast stations are required to disseminate emergency
messages from the president; cooperation at the state and local level is optional.
EBS/EAS has never been used by a president.
EAS was not activated at either the national or local level on September 11 and
this episode in the history of EAS has brought the validity of the system into question
by many. In particular, the question has been raised as to whether a broadcast system
is the best way to alert people in time-critical emergencies. Among the proposals
addressing this concern is one for the development of warning systems that use
existing technology for 911 calls to provide telephone subscribers with a telephone
warning of an emergency system — commonly referred to as “reverse 911.”30 This
technology could be extended to cell phone subscribers and users of various
messaging devices based on Internet or other communications protocols, such as
BlackBerries.
Department of Justice. The National Domestic Preparedness Office at the
Department of Justice and related functions of the Attorney General have been
transferred to DHS.31 Grant programs that include telecommunications for first
responders, administered by the domestic preparedness office, will reportedly be
consolidated with grant programs from other incorporated agencies, notably FEMA.
The functions of the Office of Science and Technology at National Institute of
Justice (NIJ) and of NIJ itself have been reestablished, modified and expanded by the
Homeland Security Act of 2002.32 Under the new law, the Office of Science and
Technology is under the authority of the Assistant Attorney General, Office of Justice
Programs, within the National Institute of Justice. In 1998, NIJ created the AGILE
Program to combine all interoperability projects then underway at NIJ.33 The
program addresses interim and long-term interoperability solutions through
standardization encompassing wireless telecommunications and information
technology applications. The AGILE Program also has provided funding to the
30 For example, the New Hampshire State Legislature has created a committee to study the
feasibility of reverse 911 and report its findings by November 1, 2002. (2002 New
Hampshire Laws CH 43 (S.B. 361.)
31 Section 503 of P.L. 107-296.
32 Sections 231-237 of P.L. 107-296.
33 AGILE stands for Advanced Generation of Interoperability for Law Enforcement. See
http://www.nlectc.org/agile/.

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CRS-12
Regional Planning Committees for start-up costs and the preparation and distribution
of regional plans. The focus of AGILE is on interoperability within criminal justice
agencies and between public safety agencies. The National Institute of Justice has
managed the Justice Technology Information Network as part of the Office of
Science and Technology. Prior to the creation of the Department of Homeland
Security, it had been proposed that this and related programs at Justice be integrated
with project SAFECOM.
Other Organizations. Many other associations and government agencies
work actively to solve critical issues concerning public safety spectrum. The
Association of Public-Safety Communications Officials, International (APCO),34 for
example, has taken a leadership role in dealing with problems of network
interference. APCO is a charter member of the National Public Safety
Telecommunications Council (NPSTC),35 a federation of associations. The Council
was created in 1997 to follow up on recommendations made by the Public Safety
Wireless Advisory Committee. In addition, the group acts as a resource and advocate
for public safety telecommunications issues. Other charter members include FEMA,
International Association of Emergency Managers, National Association of State
Telecommunications Directors, National Association of State Emergency Medical
Services Directors, American Association of State Highway Transportation Officials,
and the International Association of Fire Chiefs.
Spectrum for Public Safety
Congestion, interoperability, interference, access, and sufficient spectrum to
support broadband technologies communications are the major concerns most often
mentioned in discussions of public safety wireless communications. The following
review of public safety spectrum discusses different bands in reference to what
appears to be the dominant topic of debate regarding that frequency.

Congestion: 100-512 MHz Range. The need for spectrum for
interoperability is particularly acute in the lower spectrum ranges, where the majority
of agencies operate. FCC licensing records show that the frequencies between 150-
174 MHz are the most intensively used. Surveys by PSWN and others indicate that
approximately 73% of all law enforcement entities and 65% to 70% of firefighters
and EMS agencies operate land-mobile radio systems in the 100-300 MHz bands, the
VHF high-band.36 Out-dated analog equipment adds to this congestion; the cost of
acquiring more spectrum-efficient narrowband technology has delayed plans for
conversion.
To facilitate interoperability and ease congestion in public safety channels below
512MHz, Congress as part of appropriations for 2001, reclaimed for federal use 3
MHz of spectrum that had previously been designated for mixed use in the 138-144
34 See [http://www.apcointl.org].
35 See [http://npstc.du.edu].
36 FCC, “Alternative Frequencies for Use by Public Safety Systems,” 2002,
[http://www.fcc.gov/hspc/].

---

CRS-13
MHz band.37 The Act also requested studies on spectrum use and reallocation from
the DOD, the NTIA and the FCC. The DOD was required to study the 138-144 MHz
band — occupied by the DOD — for possible sharing with public safety. The NTIA
and the FCC were required to jointly submit a report to Congress on alternative
frequencies available for public safety.
The NTIA responded by identifying bands used by public safety and by the
federal government between 100 MHz and 1000 MHz.38 It defined alternative
frequencies as spectrum comparable to 138-144 MHz and concluded that the 162-174
MHz and 406.1- 420 MHz bands met the criteria for comparable spectrum. After a
detailed examination of the federal uses of these bands, the NTIA concluded that new
sharing with non-federal public safety agencies was not feasible. It noted the federal
government has a policy in effect that designates 40 channels for nationwide
interoperability between federal, state and local public safety entities within the bands
the NTIA studied. These channels encompass 0.5 MHz of spectrum. The NTIA
report further noted that first PSWAC and then PSWN had recommended a
minimum of 2.5 MHz be set aside for interoperability.
In identifying non-federal government spectrum as alternatives to the 138-144
MHz band, the FCC focused primarily on VHF frequencies administered under its
authority because it deemed VHF to be “most comparable” to the 138-144 MHz
band. Noting that some channels in the VHF high-band have been designated for
interoperability, the FCC focused on identifying frequencies that would be close to
those already in use in order to support broadband radio. Broadband technology is
more efficient when contiguous or nearly contiguous channels are used. After
reviewing current uses in comparable frequencies, the FCC concluded that
reallocation would excessively disrupt incumbent users.
Neither the NTIA nor the FCC recommended spectrum in the studied ranges
that could be reallocated for exclusive public safety use. The DOD, in a classified
document, reportedly concluded that sharing could be possible in the 138-144 MHz
band if evaluated on a case-by-case basis.39
Interoperability: Upper 700 MHz Band. For administrative purposes, the
FCC refers to the 700 MHz Band as the “Lower 700" (channels 52-59) and the
“Upper 700" (channels 60-69). Public safety uses are allocated for the Upper 700
MHz band. Due mainly to the combination of different technology standards
operating on different radio frequencies, communications between — and even
within — local, state and federal agencies are not always assured. Achieving
interoperability is an important goal of the public safety community. In the last
decade, significant advances in technology and in funding to purchase
communications equipment have eased, but not eliminated, problems of incompatible
37 Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, P.L. 106-398.
38 NTIA, “Alternative Frequencies for Use by Public Safety Systems,” December 2001,
[http://www.ntia.doc.gov].
39 BNA, Inc. Daily Report for Executives, February 11, 2002, “DOD Agrees to Share
Spectrum . . .” [http://ippubs.bna.com].

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CRS-14
systems, inadequate technology, insufficient funding, and limited spectrum.
President Bush’s Fiscal Year 2003 budget proposal for homeland security includes
$1.4 billion to improve interoperability.40 Existing grant programs transferred to
DHS already can be used to fund new equipment for interoperability and expectations
are that there will be additional funding and new programs . The Department of
Defense reportedly provided $3.8 million in funding for fiscal year 2002 to develop
new technology to support communications among the military and police, fire and
other emergency agencies.41
Analog TV: Channels 60-69. Congress passed legislation42 in 1997 with the
intention of assuring an orderly and equitable transition from analog to digital
television broadcasting. As mandated by Congress, analog television broadcasts on
all channels, including 60-69, were to be phased out and the cleared spectrum
reallocated for wireless communications. Following the instructions of Congress, the
FCC assigned the frequencies 764-776 MHz and 794-806 MHz in channels 63-64
and 68-69 respectively for public safety use. At the behest of many public safety
organizations, the FCC designated 2.5 MHz of this allocation specifically for
interoperability. Channels 60-6243 and 65-6744 were identified for auction for
commercial wireless use.
Congress set a date of December 31, 2006 for the cessation of analog television
operations on channels 60-69, instructing the FCC to restrict broadcast licensing
accordingly. At the same time, Congress required that the FCC grant exemptions for
an undefined period of time if three major conditions were met. Briefly, these
conditions are: 1) if one or more of the television stations affiliated with the four
national networks are not broadcasting a DTV signal, 2) if digital to analog converter
technology is not generally available in the market of the licensee, or 3) — often
referred to as the “15% rule” — if at least 15% of the televison households in the
market served by the station do not subscribe to a digital “multi-channel video
programming distributor” (including cable or satellite services) and do not have DTV
sets or converters.
Standards for narrowband applications in the Upper 700 MHz were
recommended by the NCC to the FCC and adopted in early 2001. The NCC is
working on developing standards for wideband, particularly interoperable wideband.
Standardization is essential for interoperability. Manufacturers that specialize in
public safety telecommunications are testing new wideband applications but they will
not produce equipment to operate at 700 MHz in quantity until the standards have
been finalized through the FCC and the market for the equipment has been scoped.
The size of the potential market is prescribed by the availability of spectrum. In
some localities, the needed Upper 700 MHz spectrum is already unencumbered.
40 “Securing the Homeland Strengthening the Nation,” President George W. Bush
[http://www.whitehouse.gov/homeland/]
41 AP Online, “Pentagon Plans New Technologies,” March 5, 2002.
42 “Balanced Budget Act of 1997,” P.L.105-33, Title III.
43 746-764 MHz.
44 776-794 MHz.

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CRS-15
For the most part, however, the band has not been cleared and is still occupied
by television broadcasting. Recognizing that this spectrum is encumbered, Tom
Sugrue, Chief of the FCC’s Wireless Telecommunications Bureau has said, “many
in the public safety community, and in the broadcast community, and in the
commercial wireless industry, believe that if the statute remains in its present form,
there will be very few stations that actually vacate the 700 MHz band by 2006.”45
Voluntary Clearing and Auctions. Among the provisions concerning
digital TV is the requirement that spectrum in channels 60-69 not turned over to
public safety agencies be auctioned for commercial purposes. The mandated auction
was originally scheduled for May 2000, but has been postponed repeatedly. The
FCC has worked with the broadcasting industry and wireless carriers on a “market-
driven” approach for voluntary clearing of the spectrum to be auctioned or assigned
to public safety agencies.46
Any initiative that expedites band clearing for auctioned spectrum may
concurrently free up encumbered spectrum for public safety agencies. In some
situations, stringent FCC rules regarding interference will require the vacating of
adjacent public safety spectrum. An example of band clearing, cited by the FCC,
would be for a wireless telecommunications company acquiring spectrum (for
commercial use) in channel 67 in a major metropolitan area. An analog television
station transmitting on channel 68 (designated for public safety) in the same area
would also have to be cleared to meet FCC rules regarding interference. For the
same reason, the FCC decided to include channel 59 in its band clearing and
reallocation efforts for the Upper 700 MHz band because this channel must also be
cleared to avoid interference from transmissions in channel 60.
A coalition of broadcasters, known as the Spectrum Clearing Alliance,
developed a plan whereby the broadcasters would vacate both commercial and public
safety spectrum on an expedited schedule.47 The proposal by the Spectrum Clearing
Alliance is for the commercial bands of the Upper 700 MHz spectrum to be
45 Opening remarks by Tom Sugrue, Chief, Wireless Telecommunications Bureau, FCC, at
a General Membership Meeting of the FCC’s Public Safety National Coordination
Committee, Brooklyn, New York, November 15, 2001.
46 Voluntary clearing of channels in advance of the 2006 “deadline” has been the primary
focus of recent efforts by the FCC. In its Upper 700 MHz Third Report and Order (January
23, 2001), the FCC completed the adoption of policies to facilitate voluntary clearing of the
60-69 channels. Notably it allowed for three-way agreements (bi-lateral agreements had
already been approved) that would allow incumbent broadcasters in the Upper 700 MHz
range to relocate to channels below 59 in cases where these channels had already been
vacated. In an “Order on Reconsideration” (September 17, 2001) the FCC reaffirmed the
Third Report and Order and added new incentives to encourage agreements for incumbent
broadcasters to vacate the affected spectrum. Note that these reports and orders address
only the channels intended for auction to commercial wireless users. (Service Rules for the
746-764 and 776-794 MHz Bands, WT Docket No. 99-168).
47 A broad outline of the band-vacating plan that would be provided by the Spectrum
Clearing Alliance was submitted to the FCC on March 16, 2001. “The Spectrum Clearing
Alliance Petition for Clarification and Recommendation,” WT-Docket No. 99-168; CS
Docket No.98-120; MM Docket No. 00-39.

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CRS-16
auctioned to the wireless telecommunications companies; these companies will then
negotiate with the current (broadcaster) occupants for a speedy vacating of the newly-
licensed bands. This scenario is based on the assumption that the value of the
spectrum to the wireless companies will be such that they will be motivated to pay
the broadcasters to surrender the spectrum in a timely manner. The Spectrum
Clearing Alliance also wanted to be able to relocate from the Upper 700 MHz band
to the Lower 700 MHz band, if needed.
Members of the Spectrum Clearing Alliance opposed the FCC’s proposal to link
the auctions of the Upper and Lower 700 MHz bands, as this would jeopardize the
relocation scenarios envisioned by the group.48 On March 19-20, 2002, the FCC
issued separate auction notices setting the date of June 19, 2002 for both bands in the
700 MHz range.
The Cellular Telecommunications and Internet Association (CTIA) challenged
the 700 MHz auction dates and asked for an indefinite postponement.49 In a letter
to Chairman Powell dated April 3, 2002, the CTIA cited passages of the
Communications Act of 1934 that require “sufficient time to develop business plans,
assess market conditions” and so forth and argues that the uncertainty surrounding
the auctions does not make “rational business decisions” possible. If the Upper 700
auction is postponed, some believe the Spectrum Clearing Alliance might be
dissolved and the voluntary band-clearing plan abandoned.50
The Wireless Telecommunication Bureau division of the FCC responded within
days that the auctions would go forward as planned. In late April and early May, bills
were introduced in the House and Senate respectively51 to postpone both auctions.
On June 19, 2002, President Bush signed into law the “Auction Reform Act of 2002"
which delays auctions for all of the Upper 700 MHz band and most of the Lower 700
MHz band. (Additional information appears in the section on Congressional
Activity.)
In the meantime, Chairman Powell announced a “Proposal for Voluntary
Industry Action” that would expedite the transition to digital TV.52 The proposal
set goals for voluntary action to include DTV-tuners in new television sets. Later,
citing provisions of the All Channel Receiver Act (1962) that gives the FCC
“authority to require” that television sets receive all frequencies,53 the FCC mandated
48 See, for example, “Reply Comments of Members and Supporters of the Spectrum Clearing
Alliance,” WT Docket No. 99-168, DA 02-260.
49 Letter from Thomas E. Wheeler, President, CTIA, to Chairman Powell, April 3, 2002,
[http://www.wow-com.com/new/press/].
50 [http://dc.internet.com], “CTIA to Seek Spectrum Auction Delay,” April 3, 2002.
51 H.R. 4560 and S. 2454
52 Letter from FCC Chairman Michael Powell to Members of Congress, April 4, 2002,
[http://www.fcc.gov].
53 FCC News release, “FCC Introduces Phase-In Plan for DTV Tuners,” August 8, 2002.

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CRS-17
a comparable schedule for the roll-out of DTV technology.54 DTV penetration of
American households remains low, between 2% and 3%, as estimated by the
Consumer Electronics Association.55
Although the action by the FCC will facilitate the transition to digital
technology, many industry observers doubt that this action will mitigate the “15%
rule” that effectively allows broadcasters to retain spectrum after the 2006 date set
by Congress.56 According to one attorney who represents cable television companies
“it will take an act of Congress” to move forward.57
An Alternate Proposal. The CTIA has circulated a concept paper58
proposing that various federal law enforcement agencies relocate to the Upper 700
MHz band from other spectrum bands (that, consequently, would be freed for
commercial wireless). The CTIA asserts that federal and state public agencies could
benefit from a harmonized block of spectrum and that the Upper 700 MHz band
could be used to support the advanced services, such as mobile data, that the National
Coordinating Committee plans to implement as spectrum becomes available in the
channels already assigned to public safety.
The CTIA concept paper envisions that federal and state public safety agencies
would benefit from shared systems that allow for the pooling of spectrum resources,
increased efficiency in spectrum use, and accelerated deployment of new
technologies. The paper also argues for the elimination of “antiquated” analog
systems that are perceived as a barrier to implementing technology that is
interoperable. It suggests that spectrum currently used for analog frequencies would
become available for auction if public safety systems were fully converted to digital
technologies. Funds from this auction, according to the paper, would pay for the
costs of relocating federal agencies to a common platform in the Upper 700 MHz
band.
In arguing for a “seamless, digital communications system founded on
interoperability, mobility, security and multi-user connectivity” the CTIA’s concept
paper proposes that such a network be created in the Upper 700 MHZ band by the
White House Homeland Security Office. Homeland Security would coordinate the
existing efforts of federal, state and local agencies, the NTIA, the FCC, and other
organizations, such as PSWN.
54 Sets 36" and above - 50% of units to have DTV tuners by July 1, 2004; 100% by July 1,
2005. Sets 25"-35" - 50% of units to have DTV tuners by July 1,2005; 100% by July 1,
2006. Sets 13"-24" - 100% of units to have DTV tuners by July 1, 2007. TV interface
devices - 100% of units to have DTV tuners by July 1, 2007.
55 See also CRS Report RL31260, Digital Television: An Overview.
56 See page 14.
57 Public Broadcasting Report, “Legal Experts Predict Congress Will Have to Step in on
DTV,” December 13, 2002.
58 “Homeland Emergency Response Operational Enhancement Systems (HEROES)
Network,” November 8, 2001, White Paper provided to CRS by the CTIA (202-785-0081).

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CRS-18
Interference and Access: 800 MHz. Public safety currently uses 9.5 MHz
of spectrum in the 800 MHz range at 806-821MHz and 851-869 Mhz. At the behest
of the National Public Safety Planning Advisory Committee (NPSPAC), frequencies
at 821-824 MHz and 866-869 MHz, referred to as the “NPSPAC channels,” are
reserved for special public safety uses, such as interoperability. These frequencies
are in 115 MHz of spectrum reallocated by the FCC in 1970 for land mobile use in
the 806-947 MHz band.

The allocation of this spectrum interleaves public safety and private commercial
communications using narrow slices of spectrum. This close proximity of public and
commercial utilization is widely believed to be the primary cause of interference for
communications by public safety and other entities using 800 MHz channels. Across
the United States, there have been numerous reports of police or fire units that have
lost contact with their base commands when a wireless connection was broken.59 The
problem has become sufficiently troublesome that APCO has established a
committee that operates nationwide to identify cases of interference (Project 39).
Nextel’s Proposal. Although many wireless carriers have been involved in
resolving problems of interference, a large number of the identified cases of
interference were linked to operations of Nextel Communications, Inc. To address
the problem, Nextel prepared a White Paper60 regarding use of the 800 MHz band
and submitted it to the FCC.
In the letter to the FCC that accompanied the White Paper,61 Nextel
specifically attributes interference problems to earlier actions by the FCC
“authorizing public safety communications providers and [commercial] licensees to
operate essentially incompatible systems on mixed, interleaved and adjacent 800
MHz channels . . . Intermodulation is the dominant cause of interference, with
wideband noise and receiver overload playing a secondary role.” In the White Paper,
Nextel presented a plan for spectrum realignment that would place public safety and
commercial mobile radio services (CMRS) in separate blocks of contiguous
spectrum. Nextel argues that the root cause of interference is the manner in which
the spectrum has been allocated and that changing the allocation will eliminate the
problem.
The plan proposed that Nextel swap 16 MHz of spectrum it currently holds in
the 700, 800, and 900 MHz bands in order to allow migration of current users from
59 The FCC states that the interference is “well documented.” Notice of Proposed
Rulemaking, released March 15, 2002, WT Docket No 02-55, (FCC Rcd 02-81).
60 “Promoting Public Safety Communications: Realigning the 800 MHz Land Mobile Radio
Band to Rectify Commercial Public Radio - Public Safety Interference and Allocate
Additional Spectrum to Meet Critical Public Safety Needs.” Available at
[http://www.fcc.gov/e-file/ecfs.html] under Nextel, docket numbers 00-258, 95-18, 99-81
or 99-87, dated November 21, 2001.
61 From Robert S. Foosaner, Senior Vice President and Chief Regulatory Officer, Nextel
Communications, Inc., to Mr. Thomas Sugrue, Chief, Wireless Telecommunications
Bureau, November 21, 2001.

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CRS-19
key parts of the 800 MHz band.62 Public safety would be moved to spectrum in the
800 MHz range that is contiguous to channels 68-69, 63 gaining an additional 8 MHz
of spectrum in the process. Nextel would occupy 6 MHz in the 800 MHz band
currently used for public safety64 that is adjacent to a 10 MHz block that Nextel
already holds. This realignment would create 16 MHz for digital Specialized Mobile
Radio licensed to Nextel.65
Under the Nextel plan, commercial licensees currently using the 800 MHz bands
earmarked for public safety could continue operating on those frequencies with a
secondary status, meaning they would have to stop broadcasting in times of high
demand by public safety, or they could move to other frequencies. Spectrum in the
700 and 900 MHz 66 ranges presently licensed by Nextel would be reassigned to
displaced licensees for Specialized Mobile Radio services and for Business and
Industrial/Land Transportation radio (B/ILT). As compensation for the surrendered
bandwidth in the 700 and 900 MHz ranges, Nextel would get 10 MHz of spectrum
in the 2 GHz Mobile Satellite Service (MSS) band.

To implement this plan, Nextel has offered to contribute up to $500 million to
help fund the costs of relocating public safety systems currently operating within the
800 MHz band. Nextel further proposes that the cellular operators and other license-
holders that will be displaced should also “contribute substantially to the costs of
relocating public safety licenses,”67 since, Nextel asserts, they also will benefit from
the proposed realignment.
Among the benefits for public safety that are cited by Nextel in its paper is that
the realigned blocks of spectrum will provide enough contiguous spectrum to support
low-speed data, high-speed data, and video, as recommended by the PSWN.
Nextel’s proposal received support from at least seven public safety agencies,68
representatives of which wrote to the FCC (November 21, 2001) endorsing the
proposal if it could be implemented at no cost to public safety agencies.
Business Users and SMR Operators. In order to achieve the
realignment, Nextel has suggested that current occupants in the lower 800 MHz
bandwidth for Specialized Mobile Radio and for Business and Industrial/Land
62 The bandwidths that would be realigned in the Nextel proposal are 806-824 MHz and 851-
869 MHz, a total of 36 MHz.
63 The proposed public safety bandwidths would be for paired spectrum at 806-816MHz and
851-861 MHz; channels 68-69 are at 794-806 MHz.
64 821-824 MHz and 866-869 MHz.
65 816-824 MHz and 861-869 MHz.
66 762-764 Mhz and 792-794 MHz; 896-901 MHz and 935-940.
67 Nextel letter to FCC, op. cit.
68 Association of Public-Safety Communications Officials (APCO) International;
International Association of Fire Chiefs; International Association of Chiefs of Police;
Major Cities Chiefs Associations; National Sheriffs’ Association; Major County Sheriffs’
Association; National Public Safety Telecommunications Council.

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CRS-20
Transportation may have to relocate. Among private wireless users that would be
affected by such a move are businesses that use these frequencies for internal
communications, such as to monitor off-site activities, or for applications such as
automatic reading of utility meters. Users include manufacturers, railroads, pipelines
and utilities. Also impacted would be network operators such as Motient
Corporation and Southern LINC69 that provide wireless voice and data
communications networks to businesses; Motient is also one of two networks used
by BlackBerry 70 for its message service. Motient and Southern LINC are among the
companies opposing Nextel’s plan.
Proposal from the National Association of Manufacturers. The
National Association of Manufacturers (NAM)71, along with MFARC72, submitted
an alternative relocation plan.73 This plan provides for the consolidation of spectrum
into wider bands, removing the problem of interleaving. It would also juxtapose
B/ILT bandwidth with public safety bandwidth, segregating SMR uses such as
Nextel’s to reduce interference further.

The NAM-MFARC proposal states that retuning within the 800 MHz band is
possible and should be undertaken as the solution to end interference. Public safety
users would move to 10 MHz of spectrum partly adjacent to channels 68-69.74 This
would provide public safety with the benefit of a contiguous bandwidth from 794
MHz to 811 MHz, facilitating the development of new technologies, and would
slightly increase the total amount of spectrum for public safety use, although not by
as much as with the Nextel proposal.
The Specialized Mobile Radio and Business and Industrial/Land Transportation
license holders in the affected 800 MHz range would retune to other bands in the
same range but would not have to choose between secondary status and relocation
to 700MHz or 900 MHz frequencies, as Nextel proposes in its plan. In its letter,
NAM states that “the cost to larger manufacturers of relocating . . . would be in the
tens of millions of dollars.” Sharing spectrum on a secondary basis “would cause
major disruption and dislocation to thousands of manufacturing operations.” The
B/ILT applications in the 800 MHz range support operations for “productivity and
worker safety.” In some localities, the systems “form the backbone of mutual aid
agreements with nearby police, fire and emergency medical services.”
69 Southern Telecommunications Services, a division of Southern Company.
70 A wireless handheld device manufactured by Research in Motion.
71 The National Association of Manufacturers represents 14,000 members, including 10,000
small and mid-sized companies and 350 member associations serving manufacturers and
employees in every industrial sector and all 50 states.
72 MFARC is one of the FCC’s certified frequency coordinators for private land mobile
bands from 150MHz to 900 MHz. Now an independent entity, MFARC was originally the
frequency coordinating arm for NAM.
73 Letter from Jerry J. Jasinowski, President, NAM to Michael Powell, Chairman, FCC,
December 21, 2001.
74 806-811MHz and 851-861 MHz.

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CRS-21
MRFAC also joined with the American Association of Railroads, American
Petroleum Institute, Forest Industries Telecommunications, Industrial
Communications and Aeronautical Radio, Inc (ARINC), among others, to protest
Nextel’s proposal in a letter to Michael Powell, Chairman of the FCC.75 The letter
repeated the concerns raised by NAM regarding the high cost and the disruptive
impact on American industry that would result if the Nextel plan were implemented.
Coalition for Constructive Public Safety Solutions. A detailed
proposal from an industry coalition offered a different approach, and guidelines for
needed legislation. Building industry consensus, Southern LINC, Alltell Corporation,
and FIRST Cellular joined Cingular Wireless, AT&T Wireless and Nokia, a major
supplier of mobile phones and networks. The keystone of the plan is to use all of the
Upper 700 MHz spectrum (channels 60-69) for public safety. Some of this would
be allocated specifically for homeland security, priority access for wireless
communications in an emergency, and critical infrastructure. Frequencies used by
public safety agencies in the 800 MHz range would be vacated, with current users
moving to 700 MHz frequencies. The vacated spectrum would be auctioned for
commercial use, with the proceeds used to help pay for the relocation of public safety
agencies from the 800 MHz band. Under this plan, Nextel would swap a total of 16
MHz in the 700, 800 and 900 MHz bands. Nextel would also receive an additional
16 MHz without going through the auction process; in return, the wireless carrier
would contribute to the relocation costs incurred by the public safety agencies.

The proposal further recommended that broadcasters currently occupying
channels 60-69 be required to vacate this spectrum not later than December 31, 2006.
The proposal notes that this provision would require Congress to respond with
enabling legislation. Reportedly, Congress also would need to designate the Upper
700 MHz band for public safety, provide for the reallocation of the 800 MHz
bandwidth vacated by public safety and provide that the auction revenues generated
under the plan be made available for relocation costs. The coalition was among those
organizations petitioning for delay of the planned auction of Upper 700 MHz
spectrum.76
The FCC Response. In its Notice of Proposed Rulemaking77 — which
appeared several months after the Nextel and NAM proposals and other letters were
received, but before the Coalition proposal — the FCC responded by reiterating and
amplifying the problems of interference broached in Nextel’s letter and White Paper.
It noted that both the NAM and Nextel proposals would require vacating five
“NPSPAC channels” used for interoperablity at 866-869 MHz and that 1,320 public
safety and NPSPAC licensed stations would have to be relocated. The Nextel
proposal would also require 2,100 B/ILT and 1,100 SMR licensees to relocate; the
NAM proposal would require some, but “significantly fewer,” licensees to relocate.

75 Letter of December 20, 2001 referred to as the “ARINC Letter.”
76 Communications Daily, page 7, April 29, 2002.
77 op. cit. (FCC Rcd 02-81).

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CRS-22
In the notice, the FCC concludes “tentatively . . . that increasing levels of
harmful interference to public safety communications on the 800 MHz band must be
remedied.” It invites comment on how to restructure the band “resolving interference
with minimum disruption to existing services.” The FCC further notes that a
restructuring might increase the amount of spectrum available for public safety and
asks for comments that supply “quantitative information on public safety agencies’
needs for additional spectrum.” It refers to the PSWAC 1996 report that included an
assessment of spectrum needs for public safety but concludes that this information
needs to be updated.
After an analysis of the proposals submitted by Nextel and NAM , the FCC
gives an example of an alternative restructuring plan that might be used. The FCC
suggests that the problems of interference caused by interleaving could be eliminated
by removing public safety communications from those bands. Seventy public safety
channels would be placed in contiguous spectrum from 809.75-811.50 MHz. One
hundred B/ILT channels would be relocated to 811.5-814.0 MHZ and 80 SMR
channels would be moved to a 814-816 MHz block. It seeks comment on whether,
if Public Safety, B/ILT, or SMR stations are relocated to new frequencies, there
might be an opportunity to use spectrum more efficiently, for example by acquiring
narrowband digital equipment to replace broadband.
Improving spectrum efficiency is one possible benefit of relocation within or
from the 800 MHz range. The FCC also views relocation as an opportunity to
provide additional channels for interoperability. In a discussion of relocation costs,
the FCC reviewed several different approaches that have been used in previous
instances and asks for comments on the matter. Notably, the question is posed as to
whether — assuming some spectrum is recovered as a result of the relocation — the
funds from auctioning recovered spectrum might be applied to the costs of relocation;
alternatively, the FCC could require that winning bidders assume the costs of
relocating public safety stations as a prerequisite for receiving the license.
Critical Infrastructure Industries. By suggesting that Business and
Industrial/Land Transportation licensees be moved from the 800 MHz range to the
900 MHz range, the Nextel proposal also brought new attention to bear on another
proposal before the FCC: a request to merge separate Business and Industrial/Land
Transportation allocations into a single pool accessible to both services.78 A related
issue is the possible designation of a portion of the 900 MHz band for use by Critical
Infrastructure Industries (CII). Critical infrastructure has been defined as “electric,
78 “Petition for Rulemaking of the Personal Communications Industry Association,” (“PCIA
Petition”), filed November 14, 2001. The FCC created “pool categories” for B/ILT and
SMR licenses in the 800MHz and 900 MHz ranges. “Intercategory sharing” was permitted
in the 800MHz range — but was discontinued — and is still permitted in the 900 MHz
range. A licensee unable to find a needed frequency in its designated category, or pool, can
apply to the FCC for a frequency in another pool. The PCIA Petition requests that Business
and Industrial/Light Transportation be placed in a single pool to create contiguous spectrum
and to eliminate the costly and time-consuming waiver request process.

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CRS-23
gas and water utilities, petroleum and natural gas pipelines and railroads.”79 The FCC
has asked for comment on these two matters in the same notice and with the same
time frame as its request for input regarding 800 MHz spectrum use.
The FCC had previously resisted a request to designate spectrum specifically for
critical infrastructure.80 The FCC responded that this would not be efficient use of
spectrum.81 Key issues surrounding the use of spectrum by CII have been recently
addressed by the NTIA82 and also studied by the FCC as required by Congress.83
Comments on public safety communications uses in the 800 MHz band and on CII
have been sought by the FCC through September 2002.
Multiple Address Systems at 900 MHz. Multiple Address Systems
(MAS) is a radio communication service located in the 900 MHz band. The FCC
has designated 20 channels in the 932-941 MHz band exclusively for the use of
public safety and federal government agencies as well as some private internal uses,
licensed on a site-by-site basis. Also, bands at 928/952/956 MHz are designated for
sharing between private and public users.84 Present proposals regarding reallocation
in the 800 MHz and 900 MHz bands, summarized above, do not discuss relocating
any MAS channels.
Full Broadband Capabilities: 4.9 GHz. In response to pressure from
public safety organizations and other concerned parties, the FCC has designated 50
MHz of spectrum at 4.9 GHz85 for fully-interoperable broadband applications for
public safety, including short-range broadband Wireless Local Networks (WLANs).
Many mission-critical applications are envisioned. PAN/VAN systems can provide
customized, hands-free link between a portable, wireless base station and devices that
might be integrated into helmets or suits, such as headsets, portable computers, video
cameras, thermal imagers, sensors and 3D locators. WLAN on-scene/incident
command networks can carry real-time multimedia wireless communications.
Wireless fixed “hot spot” locations can support highspeed transfers of data, image
and video files.
79 “UTC Proposal,” see preceding footnote.
80 On August 14, 1998, the American Petroleum Institute, the American Association of
Railroads and the Telecommunications Council (now known as the United Telecom
Council) filed a Petition for Rulemaking (RM-9405) asking for such a set aside; this is
known as the “UTC Proposal.”
81 Report and Order and Further Notice of Proposed Rulemaking, 15 FCC Rcd 22709.
82 Department of Commerce, National Telecommunications and Information Administration,
Current and Future Spectrum Use by the Energy, Water and Railroad Industries, January
2002.
83 “Department of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2001,” P.L. 106-553, Title II.
84 Memorandum Opinion and Order, Released May 29, 2001, WT Docket No. 97-81.
85 4940 MHz-4990 MHz; fixed and mobile (excluding aeronautical mobile).

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CRS-24
In the report86 announcing its decision to allocate spectrum at 4.9 MHz to public
safety instead of auctioning it for commercial use, the FCC explored pertinent issues
and requested comments on various policy and technical decisions. Policy issues
identified by the FCC include: eligibility for using the spectrum, allowing some
access to commercial wireless service providers, steps to promote spectral efficiency,
and international harmonization.
As its minimum criterion, the FCC plans to define eligible public safety users
of the 4.9 MHz band in line with the Balanced Budget Act of 1997.87 It also is
seeking comment as to whether to expand the list of those eligible to access the band
to include providers of “public safety radio services.” These are defined as “services,
including private internal radio services, used by state and local governments and
non-government entities, and including emergency road services provided by not-for-
profit organizations that are (i) used to protect the safety of life, health, or property;
and (ii) are not made commercially available to the public.”88 Users of these services
are exempt from the FCC’s auction authority; included in this group are utilities,
railroads, metropolitan transit systems, pipelines and private ambulance services.
Although the FCC does not license federal use of spectrum, it has provided for
interoperability among local state, and federal users for the spectrum licensed for
public safety. It has proposed to continue this policy in managing the 4.9 GHz band.
The FCC is also considering allowing commercial licensees to use the band in
support of public safety. It has stated that this could further its goal of promoting
spectral efficiency by identifying “innovative and non-traditional means” for using
the band. It is also seeking comment as to whether commercial users might be given
access to the band on a secondary basis. This could accommodate commercial uses
such as high-speed wireless Internet services.
The possibility of using the 4.9 GHz band for international harmonization has
also been taken into consideration by the FCC. Among the benefits of harmonization
are interoperability and economies of scale and scope in the design and manufacture
of equipment. Global harmonization of spectrum for public protection and disaster
relief is on the agenda for consideration at the 2003 World Radio Conference.89
86 Second Report and Order and Notice of Proposed Rulemaking, Released February 27,
2002, WT Docket No. 00-32 (FCC Rcd 02-47).
87 In 1997 amendments to the Communications Act of 1934 , Congress defined public safety
services as “services — (A) the sole or principal purpose of which is to protect the safety
of life, health or property; (B) that are provided (i) by State or local government entities; or
(ii) by nongovernmental organizations that are authorized by a governmental entity whose
primary mission is the provision of such services ; and (C) that are not made commercially
available to the public by the provider.” See 47 USC § 337 (f)(1).
88 See 47 USC § 309 (j)(2)
89 International agreements that coordinate and enable global telecommunications are
negotiated under the aegis of the International Telecommunication Union (ITU), a
specialized agency of the United Nations. Negotiations on spectrum allocation and
terrestrial and wireless uses of radio frequencies are conducted primarily at the ITU’s World
Radio Conferences.

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CRS-25
Future Technologies: Ultra-wide Band. On February 14, 2002, the FCC
promulgated rules that permit limited deployment of ultra-wideband (UWB) wireless
technologies for public safety and some other uses in higher spectrum frequencies.90
UWB sends ultra low power pulses over a broad range of the spectrum whereas
traditional wireless technology operates on a specific frequency. The comparatively
new and untested nature of the technology has raised concerns about interference
with other wireless transmissions. Initially, certain types of products using UWB will
be allowed to operate at frequencies primarily in the 3.1 GHz to10.6 GHz range. The
limited applications are based on standards developed by the NTIA with the objective
of protecting various government operations from interference; the FCC will review
these standards in the next six to 12 months and possibly explore more flexible
requirements that will permit wider usage of UWB.91
Federal concerns about interference from UWB have centered on satellite
systems, notably the Global Positioning System (GPS), and aviation safety for air
navigation. The commercial wireless industry has also expressed concern about
interference, both with wireless calls and with GPS-assisted technology being
implemented for wireless enhanced 911 (E911).92 The Association of Public-Safety
Communications Officials (APCO) wrote the FCC to express concern over UWB.93
Possible interference in bands below 6 GHZ present an “unacceptable risk” to
public safety operations, the letter reads. “Within buildings, low-power public safety
radios (all of which operate below 1 GHz) may be susceptible to signal degradation
caused by increased noise levels produced by UWB devices.” Additional
interference to communications in the 800 MHz band was a particular concern. The
letter also reiterated wireless carriers concerns regarding the possible impact on the
proper functioning of some wireless enhanced 911 systems.
The Department of Transportation reportedly requested that, to avoid
interference, the lower limit for UWB be set at 6.1 GHz, while the Department of
Defense (DOD) had suggested 4.1 GHz as the threshold.94 While the Department
of Transportation and the National Aeronautical and Space Administration (NASA)
reportedly continue to oppose the FCC’s decision at a time when air safety has
90 FCC, First Report and Order, February 12, 2002, ET Docket 98-153 (FCC Rcd 7435);
clarified with Order, July 12, 2002 ET Docket 98-153.
91 FCC press release February 12, 2002, [http://www.fcc.gov].
92 Wireless carriers and public safety answering points (PSAPs) are installing new
technology to provide automatic number identification and automatic location identification
for wireless calls, similar to that already available for landline calls. See also, CRS Report
RS21028, Wireless Enhanced 911 (E911): Issues Update.
93 Letter dated January 16, 2002, as reported in FCC Report, January 25, 2002, “FCC News
In Brief.”
94 Mobile Communications Report, Feb 18, 2002 “Commission Approves UWB Order,
Agrees to Revisit Limits”

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CRS-26
become a national priority,95 the DOD concluded that the “FCC’s technical
restrictions on UWB devices would be sufficient to protect military systems.”96
Initial applications of UWB for public safety include ground penetration and
through-wall imaging systems; commercial use of these technologies, such as for
mining and construction will also be permitted. Other potential commercial
applications include consumer appliances that use short-distance wireless
communications such as presently used for cordless phones.
The three types of UWB devices that will be permitted under the current FCC
rules are: 1) imaging systems using Ground Penetrating Radars (GPRs), wall,
through-wall, medical imaging, and surveillance devises, 2) vehicular radar systems,
and 3) communication and measurement systems.97 For imaging systems — GPRs
can detect or obtain images of buried objects by directing energy into the ground.
Wall imaging systems similarly locate objects within a “wall”, which could be a
building, bridge or mine, for example. Permitted users for these two imaging
applications are law enforcement, fire and rescue organizations, scientific research
organizations, commercial mining companies, and construction companies.
Through-wall imaging systems can detect location or movement on the opposite side
of a structure. Use is restricted to law enforcement and fire and rescue. UWB
medical imaging systems can be used under the supervision of a licensed health care
practitioner. The FCC is also classifying UWB surveillance systems as imaging
technology for the purposes of regulation. These systems, that depend on the
transmission of radio frequencies to detect movement within a defined perimeter,
may be used by public utilities and other industries as well as by law enforcement and
fire and rescue.
The FCC provides for the operation of vehicular radar systems on ground
transportation vehicles using directional antennae with controlled emissions. This
ruling enables the automobile industry to continue with the development of vehicular
radio systems in the 24GHz band. Also known as short-range radar (SRR), the
technology can help drivers avoid collisions and prevent certain accidents such as
backing over a child while exiting a garage; the technology can also be used to
improve airbag activation and suspension systems.98

UWB communications and measurement systems permitted by the FCC under
the new ruling include high-speed home and business networks and industry
applications such as storage tank measurement. In general this application is limited
by the FCC to indoors operations and peer-to-peer communications on handheld
devices.
95 RCR Wireless News, February 18, 2002, “Government, Carriers Decry UWB Order”
96 Steven Price, Deputy Assistant Director for Spectrum and Communications, Department
of Defense, quoted in Satellite Week, February 18, 2002, “Commission Approves UWB
Order, Agrees to Revisit Limits.”
97 FCC press release, op. cit.
98 See, for example, “Multifunction Automotive Radar Network (RadarNet)” at
[http://radarnet.org/publications/]

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CRS-27
Activity in the 107th Congress
Hearings. Many important hearings were held in Congress about different
aspects of Homeland Security; some of these include testimony or comments
recognizing the need for better support of public safety communications. Two
hearings in June 2002 addressed issues specific to spectrum use for public safety.
The House Committee of Energy and Commerce, Subcommittee on
Telecommunications and the Internet, convened to evaluate the FCC’s
implementation of ultra-wideband technology and related issues.99 A statement100 by
the Chairman of the Committee on Energy and Commerce, W.J. (Billy) Tauzin set
the tone for the hearing. Congressman Tauzin observed that “the manner in which
ultra-wideband technology is fostered or stifled by government policy has
implications both for future technologies and for our nation’s spectrum management
process.” The Chairman was critical of the FCC’s approach to regulating UWB both
in his opening remarks and in his questioning of the panel. The use of UWB in
public safety is in the preliminary stages but the technology can, for example, provide
assistance to first responders for search and rescue efforts.
The Senate held a commerce committee hearing101 on spectrum management
that is widely considered to be a first step toward reworking spectrum policy. Topics
of concern expressed at the hearing covered the spectrum needs of the Department
of Defense, commercial wireless carriers spectrum requirements to advance third-
generation technology,102 the need for better preparation for international
negotiations, the role of technology, and the role of federal agencies in guiding
spectrum management.
A hearing before the Senate Commerce Committee in March 2002 focused on
the responses of public safety agencies and telecommunications companies on and
after September 11, 2001.103 At the hearing, the issues addressed in this report were
referred to but not explored in detail.
Legislative Initiatives. Authorization of appropriations for pilot programs
for interoperable wireless communications at the state level was provided in a bill
99 “The FCC’s UWB Proceeding: An Examination of the Government’s Spectrum
Management Process,” June 4, 2002.
100 Prepared statement available from the House Energy and Commerce Committee at
[http://energycommerce.house.gov/107hear...g569/The_Honorable_Billy_Tauzinprint.htm].
101 Senate Committee on Commerce, Science, and Transportation, “Spectrum Management:
Improving the Management of Government and Commercial Spectrum Domestically and
Internationally,” June 11, 2002.
102 Third-generation commercial wireless uses high speeds to deliver content-rich services,
including Internet connections. See CRS Report RS20993, Wireless Technology and
Spectrum Demand: Third Generation (3G) and Beyond, updated July 1, 2002.
103 Senate Committee on Commerce, Science, and Transportation, Communications
Subcommittee, “Hearing on the Nation’s Wireline and Wireless Communications
Infrastructure in Light of September 11th,” March 6, 2002.

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CRS-28
introduced by Senator Ron Wyden (S. 2037). An initial hearing,104 on the role of
technology in meeting the crisis of September 11, identified interoperability,
spectrum capacity and wireless interference as key problems.
As originally introduced by Senator Wyden, the bill would have created a pool
of technology experts and industry leaders (National Emergency Technology Guard
or NET Guard) who would be prepared to provide resources in a national emergency,
working with FEMA, funded at $5,000,000. The bill also would fund seven state
pilots to develop interoperable systems, at $5 million each, chosen in consultation
with the Public Safety Wireless Network, under the auspices of the United States Fire
Administration. In addition, the National Institute of Standards and Technology
(NIST) would receive $35,000,000 to support programs for innovative technologies
relating to security and emergency response. The bill also calls for a report to the
Congress regarding policy options and with recommendations to ensure that
emergency officials and first responders have access to effective and reliable
communications capabilities. The preparation of this report would be under the
direction of the National Communications System (NCS).105 NCS is comprised of
22 federal agencies that work to coordinate telecommunications needs for federal
response to national security and emergency preparedness. The report would include
evaluation of the possibility of: priority access to existing commercial wireless
systems; reserved spectrum for national emergencies; and specialized public safety
communications network. The bill, significantly amended, was approved by the
Senate on July 19, 2002 and reported to the House.
Concerns about spectrum management, especially as regards spectrum used for
public safety, prompted the introduction of H. R. 4560, the “Auction Reform Act of
2002,” on April 24, 2002. The primary objective of the bill was to postpone auctions
for the Upper and Lower 700 MHz bands originally scheduled by the FCC for June
19, 2002. (See discussion of issues under Interoperability: Upper 700 MHz Band.)
Shepherded by members Dingell and Tauzin, the bill was introduced in the Senate
in May and placed on the calendar on May 17, 2002. On May 2, 2002, Senator John
Ensign had introduced a related bill, S. 2454. On May 8, 2002, Senator Ted Stevens
introduced S. 2481 that mandates the contested auctions be held no later than
September 2002. The Senate acted quickly and compromise legislation became P.L.
107-195 on June 19, 2002. The law requires a partial auction in the “Lower 700"
104 Senate Committee on Commerce, Science, and Transportation, Subcommittee on Science,
Technology & Space, “Hearing on the Response of the Technology Sector in Times of
Crisis,” December 5, 2001.
105 The National Communications System of the Department of Defense (NCS) was
established by Executive Order in 1984 “to assist the President, the National Security
Council, the Director of the Office of Science and Technology Policy and the Director of
the Office of Management and Budget in: (1) the exercise of the telecommunications
functions and responsibilities, and (2) the coordination of the planning for and provision
of national security and emergency preparedness communications. . .” It consults with the
National Security Telecommunications Advisory Committee, among others, on issues
related to national security and emergency preparedness telecommunications
[http://www.ncs.gov].

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CRS-29
bandwidth (Auction No. 44),of two “blocks” of spectrum for C-block106 and D-
block107 licenses. The law gives the FCC more leeway in setting auction dates for
spectrum for commercial use, repealing the September 2002 deadlines. At the same
time, it instructs the FCC not to “commence or conduct auctions 31 and 44,” except
for the specified spectrum blocks, but to complete the auctions prior to the date its
auction authority expires in 2007. Further, the new law requires the FCC to submit
to Congress, by June 19, 2003, a report that specifies when the auctions will be
scheduled and explains the steps the FCC has taken that justify the scheduling of the
auctions.
Legislation (H.R. 3397) had been introduced previously to mandate the timely
clearing of Upper 700 MHz spectrum in the channels designated for public safety.
Introduced by Representative Jane Harman, the objective of this bill is specifically
to give the FCC the power to require involuntary clearing of these frequencies. No
hearing was held.
The Senate Committee on Environment and Public Works reported a bill in
November 2001, introduced by Senator James Jeffords. The bill, S. 1631, directs
FEMA, in cooperation with the FCC, NIST and the Secretary of Defense to study
how to meet the urgent communications needs of emergency response personnel and
the resources needed to develop an “effective nationwide communications system.”
The bill specifically requires a review of “use of the digital spectrum or analog
spectrum as a key component.” A hearing on the topic was held by the Senate
Committee on November 1, 2001.
Issues Before Congress
The choice of using analog or digital technology to broadcast on radio
frequencies in designated spectrum bandwidths has been touched upon in this
report.108 The choice of analog or digital is largely a question of prioritizing; often
the trade-off is between low-cost analog equipment, compatible with other installed
systems, and more costly, spectrally efficient — often interoperable — digital
equipment. Regarding a nationwide system, public policy has paid scant attention
to the architecture of an integrated nationwide communications system. The various
agency and committee efforts, such as PSWN’s reports, fall short of addressing the
concept in its totality. A nationwide system might require linking FEMA’s
emergency offices (notably the operation of the Emergency Alert System), the
nation’s primary Public Safety Answering Points (PSAPs, about 5,500, many of them
locally operated and funded), other emergency call centers, mapping systems such
106 710-716 MHz and 740-746 MHz.
107 716-722 MHz.
108 Other recent CRS reports that discuss analog vs. digital technology are CRS Report
RS20993, Wireless Technology and Spectrum Demand: Third Generation (3G) and Beyond;
CRS Report RS21222, Implementing Wireless Enhanced 911 (E911): Issues for Public
Safety Answering Points (PSAPs); and CRS Report RS21028, Wireless Enhanced E911:
Issues Update.

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CRS-30
as GIS,109 and a plethora of local, state, tribal and federal emergency response centers.
The complexity of such a network resembles that of the interlinked networks which
support the nation’s banking system. It would require similar levels of redundancy,
back-up sites, and connectivity to critical databases and diagnostic systems.
Going forward, interest in Congress regarding public safety appears to center on
funding programs for the Department of Homeland Security. Potential questions
before Congress surrounding the appropriation of funds might include the efficacy
of the funding; the manner of funding; the recipient of the funds; the possibility that
other public safety needs (e.g., 911 call center support) are not addressed; the choice
of agencies to receive the funds; and the connection to defense programs and
spending plans.
Some concerns have been expressed regarding the fragmented nature of the
public safety information and communications network. Experts decry the absence
of a network overlay that assures end-to-end communications across the country.
Concerns include the absence of redundancy in public safety networks and the lack
of back-up locations for emergency communications.
Spectrum-Related Legislation Before the 107th Congress
(Excluding Appropriations Bills and Department of Homeland
Security)
H.R. 3397 (Harman). Homeland Emergency Response Operations Act, or the
HERO Act. Amends the Communications Act of 1934 regarding public safety
channels in the Upper 700 MHz band (channels, 63,64,68, and 69). Extensions are
not to be permitted for the public safety bands and the FCC is to “take all actions
necessary” so that the spectrum will be available for public safety services no later
than January 1, 2007. Introduced December 4, 2001; referred to the Committee on
Energy and Commerce.
S. 2037 (Wyden). Science and Technology Emergency Mobilization Act.
Mobilizes technology and science experts to respond quickly to emergencies such as
terrorist attacks. Among the areas that would be addressed are wireless
telecommunications infrastructure. Introduced March 20, 2002; referred to the
Committee on Commerce, Science and Transportation. The bill was reported out of
committee with substantial amendments and placed on Senate Legislative Calendar.
The Senate approved the bill on July 19, 2002.
S. 1631 (Jeffords). To amend the Robert T. Stafford Relief and Emergency
Assistance Act (see P.L. 106-580). The Director of FEMA would be required to
conduct a study of resources needed to develop an effective nationwide
communications system for emergency response personnel. The report on the study
to be submitted to Congress would include a review of the use of digital or analog
technology for spectrum as a key component of meeting urgent communications
needs of first responders.
109 Geographic Information Systems, administered in part by FEMA.

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