Order Code RL32622
CRS Report for Congress
Received through the CRS Web
Public Safety, Interoperability and the
Transition to Digital Television
Updated December 14, 2004
Linda K. Moore
Analyst in Telecommunications Policy
Resources, Science, and Industry Division
Congressional Research Service ˜ The Library of Congress

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Public Safety, Interoperability and the Transition to
Digital Television
Summary
Plans for the use of spectrum intended for wireless emergency communications
and interoperability are enmeshed in the technical requirements and complex
economic and policy issues that surround the planned transition to digital television
(DTV) in the United States. The Balanced Budget Act of 1997 requires the Federal
Communications Commission (FCC) to allocate 24 MHz of spectrum at 700 MHz
to public safety, without providing a hard deadline for the transfer. The channels
designated for public safety are among those currently held by TV broadcasters.
The 9/11 Commission Report recommends that “Congress should support
pending legislation which provides for the expedited and increased assignment of
radio spectrum for public safety purposes.” This was a reference to H.R. 1425
(Representative Harman) — the Homeland Emergency Response Operations Act, or
HERO Act — which would have required the FCC to “take all actions necessary to
complete assignments” for these channels so that operations could begin no later than
January 1, 2007, in line with the deadline originally envisioned for the completion
of the transition to DTV for all affected channels. After the appearance of the
Report, several bills resembling H.R. 1425 were introduced in the 108th Congress.
Steps to release the spectrum were included in both the key House (H.R. 10) and
Senate (S.2845) versions of the bills proposed to respond to the 9/11 Commission.
The Senate version included language that would have released the needed channels
by the end of 2007. The House version and the final Intelligence Reform and
Terrorism Protection Act of 2004 expressed the preference that the transition to
digital television be considered in its entirety so as not to disadvantage the estimated
75 broadcasting stations that would have been affected almost immediately under the
Senate version. Language in the Act conveys the sense of Congress that the first
session of the 109th Congress must act to establish a comprehensive approach to the
timely return of spectrum and that any delay in doing this will delay planning by the
public safety sector. There is also provision for a study that could provide the
foundation for achieving significant improvements in public safety communications.
This report summarizes issues relevant to the clearing of the frequencies, or
channels, designated for public safety.

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Contents
Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Interoperability and the 9/11 Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Spectrum for Public Safety Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Freeing Spectrum at 700 MHz . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
TV Broadcasters Occupy Needed Spectrum . . . . . . . . . . . . . . . . . . . . . 4
Auction Reform Act of 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Expediting the Transition to Digital TV . . . . . . . . . . . . . . . . . . . . . . . . 5
Proposals for Increasing Spectrum for Public Safety . . . . . . . . . . . . . . . . . . . 6
Spectrum Policy and Public Safety in the 109th Congress . . . . . . . . . . . . . . . 7

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Public Safety, Interoperability and the
Transition to Digital Television
Background
Public safety agencies include the nation’s first responders (such as firefighters,
police officers, and ambulance services) and a number of local, state, federal — and
sometimes regional — authorities. Communications, often wireless, are vital to these
agencies’ effectiveness and to the safety of their members and the public. Wireless
technology requires radio frequency capacity in order to function. Many public
safety wireless communications programs suffer from funding difficulties and
technical limitations due largely to the evolution of the market and technology for
public safety communications and to the constraints of spectrum allocation (radio
frequency assignments). There is a perceived need for timely resolution of problems
that the public safety sector finds increasingly critical, such as reducing commercial
transmission interference to emergency calls, implementing high-speed services,
using Wi-Fi1 technologies to deliver data, providing interoperability, increasing
standardization and expanding spectrum capacity.
The key agencies for spectrum management are the Federal Communications
Commission (FCC) and the National Telecommunications and Information
Administration (NTIA). Among other responsibilities, the FCC supervises spectrum
for non-federal public safety agency communications. The NTIA — part of the
Department of Commerce — administers spectrum used by federal entities. The lead
program for fostering interoperability is SAFECOM, part of the Department of
Homeland Security. SAFECOM has absorbed the Public Safety Wireless Network
(PSWN) Program, previously operated jointly by the Departments of Justice and
Treasury. PSWN was created to respond to recommendations made by the Public
Safety Wireless Advisory Committee (PSWAC)2 regarding the improvement of
public safety communications over wireless networks. PSWN operated as an
advocate for spectrum management policies that would improve wireless network
capacity and capability for public safety. SAFECOM, however, has no authority over
spectrum management decisions.
Interoperability and the 9/11 Commission Report
Interoperability, also referred to as compatibility or connectivity, allows
different systems to readily contact each other and provides needed redundancy. A
significant barrier to achieving interoperability is the lack of sufficient spectrum on
1 Wi-Fi, for wireless fidelity, provides Internet access from web-enabled devices through
wireless local area networks, or “hotspots.”
2 “Final Report of the Public Safety Wireless Advisory Committee,” September 11, 1996.

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similar radio frequencies. Spectrum allocations for public safety are fragmented at
many different frequencies. Existing wireless technology is designed to work within
specified frequency ranges. Communications equipment must be specially built to
handle multiple frequency ranges, thereby limiting interoperability, adding to the
cost, and affecting operations in various ways. Insufficient capability for
interoperable communications for first responders and for other public safety
response units has been identified by many, including the 9/11 Commission, as a
serious problem in any effective response to a terrorist attack or other major disaster.
The 9/11 Commission, in one of its recommendations, linked the need for spectrum
with the need to improve connectivity.3 The FCC has designated 2.5 MHz of
spectrum in the public safety channels at 700 MHz for interoperability. Most public
safety organizations recommend an increase in the amount of spectrum for public
safety use at 700 MHz as a way to maximize interoperability and operating
efficiency.
Spectrum for Public Safety Use
Many public safety officials believe that additional spectrum needs to be
assigned for public safety use — and not exclusively for first responders.4 In addition
to providing spectrum for other types of users, the spectrum available for public
safety needs to support high-speed transmissions capable of quickly sending data
(such as photographs, floor plans and live video). This requires providing
frequencies with greater bandwidth to enable wireless broadband and new-generation
technologies. Most frequency assignments for first responders are narrowband and
most are located below 512 MHz.5 Commonly-used frequencies are VHF or UHF.6
Problems for users in the lower frequencies are primarily congestion and a
dependency on out-dated, analog equipment. Many newer systems use frequencies
3 The National Commission on Terrorist Attacks Upon the United States, The 9/11
Commission Report: Final Report of the National Commission on Terrorist Attacks Upon
the United States, Official Government Edition, Washington, D.C. 2004, p. 397. This
recommendation is discussed in CRS Report RL32594, Public Safety Communications:
Policy, Proposals, Legislation and Progress.
4 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.” Some believe that critical infrastructure industry
workers should be specifically included in this definition. Utility company technicians, for
example, often arrive at a fire in tandem with fire fighters, to shut off electricity and gas.
5 Radio frequency spectrum is measured in hertz. Radio frequency is the portion of
electromagnetic spectrum that carries radio waves. The distance an energy wave takes to
complete one cycle is its wavelength. Frequency is the number of wavelengths measured
at a given point per unit of time, in cycles per second, or hertz (Hz). Typical designations
are: kHz — kilohertz or thousands of hertz; MHz — megahertz, or millions of hertz; and
GHz — gigahertz, or billions of hertz.
6 Very High Frequency (VHF) and Ultra High Frequency (UHF) are transmitted in three
bands in the United States — low VHF, high VHF, and UHF.

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in the 800 MHz range. Problems in the 800 MHz range are created by interference
from commercial wireless transmissions and insufficient bandwidth for advanced
applications such as image transfer. To reduce interference to public safety, the FCC
has proposed a spectrum relocation plan that would place public safety channels
together at the lower end of the 800 MHz band and might increase the amount of
spectrum available to first responders.7 Radio frequencies have been designated for
state and local public safety use in the 700 MHz range but there are no allocations
specifically for federal use at 700 MHz. The FCC has coordinated with the NTIA for
federal access to public safety spectrum but additional spectrum would have to be
allocated by Congress for federal agencies to have comparable access and
interoperability at 700 MHz. Also, the bandwidth assignments are judged by most
experts to be too narrow for broadband services.
Although, cumulatively, the amount of radio frequencies designated for non-
federal public safety totals over 90 MHz,8 the characteristics of these frequencies are
dis-similar, requiring different technological solutions. The fragmentation of
spectrum assignments for public safety is a significant barrier to achieving
interoperability in the future and, in the past, has been the source of many of the
technical problems that plague public safety communications, such as out-of-date
equipment, proprietary solutions, congestion and interference. The immediate
barrier to achieving radio communications interoperability is — simply put — that
UHF and VHF frequencies cannot connect directly with each other; and older,
analog equipment widely used below 512 MHz cannot connect with newer digital
equipment at 800 MHz. None of the frequency assignments can, using current
technology, support wide-area communications relying on high-speed, data-rich
transmissions.
Freeing Spectrum at 700 MHz
In 1997, responding to the request from the public safety community for more
spectrum, Congress passed legislation9 that included providing some of the needed
frequencies. Congress mandated that channels used to broadcast analog television
were to be cleared and spectrum at 700 MHz was to be reallocated for wireless
communications, including public safety. To meet 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
7 This plan is discussed in CRS Report RL32408, Spectrum Policy: Public Safety and
Wireless Communications Interference.
8 Estimated at approximately 97 MHz in Testimony of Michael K. Powell, Chairman,
Federal Communications Commission, at Hearing of Senate Committee on Commerce,
Science and Transportation, “Spectrum for Public Safety Users,” September 8, 2004. The
NTIA has apparently not supplied a similar estimate of frequencies assigned to federal
agencies that are or can be accessed for public safety purposes.
9 Balanced Budget Act of 1997, P.L.105-33, Title III.

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interoperability. Channels 60-62 and 65-6710 were identified for auction for
commercial wireless use. The FCC created the Public Safety National Coordinating
Committee to develop recommendations for standards to be used for equipment and
systems tuned to the designated channels in the upper 700 MHz band. By 2003, the
bulk of standards work for voice communications was completed and public safety
agencies were able to test prototype equipment in areas where the designated
frequencies are not in use for analog television broadcasts.
TV Broadcasters Occupy Needed Spectrum. The general uncertainty about
700 MHz spectrum availability is seen by many as an obstacle to implementation of
public safety communications on the frequencies for which advanced levels of standards,
systems interoperability, and performance can be expected.11 As noted by the FCC, “the
major urban areas where the need for additional public safety spectrum is most acute are
some of the same areas in which this band is most encumbered by broadcast stations.”12
The FCC attempted to work with the broadcasting industry and wireless carriers on a
“market-driven” approach for voluntary clearing of the 700 MHz channels designated
for auction or assigned to public safety agencies. The FCC showed a willingness to relax
some technical requirements in order to facilitate voluntary band clearing that relied on
channel swapping.13 Proposals that might lead to freeing television spectrum through
channel swapping for commercial wireless use could be similarly applied to freeing
spectrum for public safety wireless communications. Proposals regarding policy or
requests for action — for example by some broadcasting companies, Motorola, Inc. and
New York State — claim that, with some modification to the rules, the freeing of public
safety channels can be achieved by date certain with minimal loss of television reception
for over-the-air broadcasts.14 In testimony before Congress in September 2004,
representatives from Motorola, Inc. reaffirmed the conviction that a timely clearing of
public safety channels could be achieved, estimating that 75 television broadcasting
stations would be affected.15
10 746-764 MHz and 776-794 MHz, respectively.
11 For example, National Task Force on Interoperability, “Why Can’t We Talk,” February
2003.
12 FCC, Report to Congress in the Matter of Auction Reform Act of 2002, released June 19,
2003 (FCC 03-138).
13 An outline of the band-vacating plan proposed by a coalition of broadcasters, the
Spectrum Clearing Alliance, was submitted to the FCC on March 16, 2001 (Comments,
Docket No. 99-168.) Comments can be found by going to the FCC Electronic Comment
Filing System (ECFS) on the FCC website [http://www.fcc.gov]. In ECFS, click “Search
for Filed Comments,” insert the docket number in the box marked “Proceeding,” and search
the file.
14 Comments and petitions filed for Proceeding 03-15 by New York State, Office for
Technology, Statewide Wireless Network, April 21, 2003 and White Paper, “700 MHz TV
Clearing, Its Impact on TV Viewership and Options for Accelerating Public Safety Access,”
Motorola, Inc., February 2, 2004, [http://motorola.com/cgiss/docs/700mhz_whitepaper.pdf].
(Viewed August 18, 2004.)
15 Testimony of Gary Grube, Chief Technology Officer, Motorola, Inc. at Hearing of Senate
Committee on Commerce, Science and Transportation, “Spectrum for Public Safety Users,”
September 8, 2004.

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Auction Reform Act of 2002. A number of proposals and counter-proposals
for vacating commercial spectrum at 700 MHz had been presented to the FCC, with
discussions continuing until the passage of P.L. 107-195 in June 2002. Known as the
Auction Reform Act of 2002 (H.R. 4560), the new law delayed some of the planned
auctions and set various constraints on the authority of the FCC to arrange for
voluntary band clearing and channel swapping. Because of FCC rules regarding
interference and spacing, clearing some channels of television broadcasting for
wireless use can also require clearing adjacent channels. The Auction Reform Act,
however, limits the FCC in its ability to waive interference standards and rules about
spacing if this results in “any degradation” of television broadcasting. These
limitations are intended to assure full access to free broadcasts for the television-
viewing public. Although the act exempts public safety channels from some
requirements, only the four designated channels (63-64; 68-69) are specifically
mentioned in the exclusion. Mandated band-clearing is prohibited by the act and
voluntary band-clearing that uses channel swapping is potentially hampered by limits
on interference and location set by the act. The FCC has stated that if using channels
63-64 and 68-69 for public safety creates interference in adjacent channels beyond
what the Auction Reform Act allows, then communications in the public safety
channels must be curtailed or prohibited.16 In testimony before Congress in
September 2004, FCC Chairman Michael Powell stated, “If Congress determines that
the pressing needs of public safety require an earlier transition deadline for certain
channels, the Commission stands ready to implement such a plan.”17 He suggested
several provisions Congress might wish to include in such a mandate, including
specifying the FCC’s authority to act to clear channels adjacent to public safety for
technical reasons. In the same testimony, he also explained the FCC preference for
a deadline of 2009 for opening 700 MHz spectrum to new users, including public
safety.

Expediting the Transition to Digital TV.18 In the Balanced Budget Act of
1997, Congress established 85% as the threshold for the percentage of households,
by market, that must be able to receive digital signals in order for the FCC to end the
licenses for analog, over-the-air broadcasting. In this scenario, the 15% that lacked
digital equipment would, presumably, quickly lose access to all television programs.
A proposal by the FCC Media Bureau Chief, Kenneth Ferree — known as the “Ferree
Plan” — would count DTV sets, digital-to-analog converters, and cable or satellite
set-top boxes that can either down-convert or pass-through a broadcaster’s digital
signal in establishing whether the 85% threshold had been reached. This and related
actions would make it possible for the FCC to begin reclaiming spectrum from
broadcasters as early as January 2009. FCC Chairman Michael Powell requested that
the Media Bureau seek public comment about the impact of ending analog
broadcasting to the approximate 15% of viewers who might be adversely affected by
transition plans for DTV; the response to-date has been mixed. A Senate hearing on
16 FCC, Report to Congress in the Matter of Auction Reform Act of 2002, released June 19,
2003 (FCC 03-138).
17 Powell, Hearing, September 8, 2004.
18 This report focuses on spectrum issues. For more information on DTV, see CRS Report
RL31260, Digital Televison: An Overview, by Lennard G. Kruger.

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CRS-6
September 8, 2004 explored some of the options for clearing 700 MHz channels,
including modifying the Ferree Plan, or providing a subsidy to expedite the clearing
of 700 MHz channels, including reimbursing consumers who purchase converter
boxes that would allow analog sets to receive DTV broadcasts.19 In the interim, the
FCC is taking concrete steps to facilitate the eventual move to DTV with a number
of technical requirements.20
Proposals for Increasing Spectrum for Public Safety
The number of radio frequencies available for interoperable communications
capability can significantly impact first responder communications, and the range of
these frequencies can significantly impact the cost of equipment. Public safety
officials and planners are among those calling on Congress to allocate 30 MHz of
additional spectrum at 700 MHz to increase the efficiency of public safety
communications. The Spectrum Coalition for Public Safety has circulated proposed
legislation that would allocate additional spectrum at 700 MHz for use by state and
local first responders, critical infrastructure industries and federal public safety
agencies.21 Public safety communications equipment manufacturers are among those
that believe significant economies of scale might be achieved if similar equipment
on compatible spectrum is provided to a large block of like users. As public safety
users migrate to 700 MHz, the need for costly equipment that patches together
incompatible systems and frequencies will be reduced. Consolidation of public
safety users in the 800 MHz might provide similar economies over time.
Among the concerns of the proponents of providing additional spectrum are
insufficient number of channels to support interoperability with federal agencies and
insufficient bandwidth for federal, state and local agencies to transmit data at high
speeds (broadband). The need for greater spectral capacity will grow with the
number of participants in interoperable systems and the amounts of information being
shared on these systems. Bottlenecks in communications are a problem that is
already manifest among federal computer networks and landline transmissions, and
many believe it will worsen as more information is pushed through. As emergency
response units become more mobile, demand for time-critical, wireless
communications capacity will also increase. New t ech n o l o gi e s t hat imp r o v e
communications capacity are being introduced almost continuously, but the need to
provide suitable spectrum for a full range of voice and data communications will
persist.
19 Hearing of Senate Committee on Commerce, Science and Transportation, “Spectrum for
Public Safety Users,” September 8, 2004
20 “FCC Takes Next Steps To Promote Digital TV Transition,” August 4, 2004, and “DTV
Channel Election Information and Deadlines,” October 7, 2004, FCC News at
[http://www.fcc.gov].
21 Spectrum Coalition for Public Safety at [http://www.spectrumcoalition.org].

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Spectrum Policy and Public Safety in the 109th Congress
Title VII, Subtitle E — Public Safety Spectrum of the Intelligence Reform and
Terrorism Protection Act of 2004 recognizes the merits of the arguments for
increasing the amount of spectrum at 700 MHz available for public safety and
homeland security. It requires the FCC, in consultation with the Secretary of
Homeland Security and the NTIA, to conduct a study on the spectrum needs for
public safety, including the possibility of increasing the amount of spectrum at 700
MHz [Sec. 7502 (a)]. The same section of the ACT also instructs the Secretary of
Homeland Security to lead a study to “assess strategies that may be used to meet
public safety telecommunications needs.” [Sec. 7502 (b)]. The strategies study is to
address the need for nationwide interoperable communications networks, the capacity
of public safety to use wireless broadband applications, and the communications
capabilities of “all emergency response providers. . . .” The use of “commercial
wireless technologies to the greatest extent possible” is to be considered. Both the
FCC and the Homeland Security studies are to be submitted by year-end 2005.
Studies and other measures regarding interoperable communications are also
addressed in the Act. Title VII, Subtitle D - Homeland Security requires the Secretary
of Homeland Security to establish a program to enhance public safety interoperable
communications [Sec. 7303 (a)]. Among the responsibilities of the program are the
development of a “comprehensive national approach to achieving public safety
interoperable communications.” Several of the specific requirements for the study
overlap those detailed in Subtitle E, Sec. 7502. Subtitle D requirements that are
closely connected to spectrum use include: information on the life cycle and
technical requirements of existing infrastructure [Sec.7303 ( a) (1) (D) (i)]; and the
need for international, cross-border interoperability [Sec.7303 ( a) (1) (D) (ii)]. The
Secretary is to report to Congress on plans for voluntary standards for interoperable
communications and a schedule of milestones for the program; the statutory deadline
for this report is 120 days from enactment, in April 2005. Authorizations for this
program cover fiscal years 2005 through 2009 (Sec. 7303 (a) (2) (3). Another
section in Subtitle D addresses communications support for urban and other high risk
areas specifically (Sec.7303, ‘’Sec. 510). There is also provision to establish pilot
projects in high threat urban areas or regions that might serve as a national model for
a strategic plan. Specifically the purpose of the pilots is to establish the basis for a
regional strategic plan that would foster interagency communications (Sec. 7304).
The Intelligence Reform and Terrorism Protection Act of 2004 conveys the
sense of Congress that the first session of the 109th Congress must act to establish a
comprehensive approach to the timely return of spectrum [Title VII, Subtitle E, Sec.
7501 (b) (1)] and that any delay in doing this will delay planning by the public safety
sector. [Title VII, Subtitle E, Sec. 7501 (b) (2]. The Act, therefore, proposes or
requires a number of actions regarding public safety interoperability and spectrum
use within a specified time:

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! Sense of Congress that it must pass legislation that resolves
spectrum release as part of the transition to digital television; first
session. (Sec. 7501.)
! Requirement for a study on spectrum for public safety and homeland
security; December 2005. (Sec. 7502.)
! Requirement for a study on strategies to meet interoperable
communications needs; December 2005. (Sec. 7502.)
! Requirement to establish program to enhance public safety
interoperable communications; report on program, April 2005.(Sec.
7303.)
! Establishment by the President of a mechanism for coordinating
cross-border interoperability issues with Canada and Mexico; June
2006. (Sec. 7303.)
! Requirement to establish at least two pilot projects in high threat or
urban areas for interagency communications; March 2005.(Sec.
7303, Sec.’‘510.)
! Reports on interagency communications pilots; interim, June 2005;
final June 2006. (Sec. 7304.)
! Provision of funds for authorized program for interoperable
communications; fiscal years 2005 through 2009.

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