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      "date": "2008-10-16",
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      "title": "Public-Private Partnership for a Public Safety Network: Governance and Policy",
      "summary": "This report summarizes salient points of Federal Communications Commission (FCC) actions regarding the creation of a public-private partnership to build and manage a national communications network for public safety use. The Communications Act of 1934, as amended, empowers the FCC to set rules for auctions and to take steps to ensure the safety of the public. The FCC has used this authority to design a governance structure that would allow a Public Safety Broadband Licensee (PSBL) to share spectrum rights with a commercial enterprise and to collaborate in the construction and management of a shared network. As currently proposed by the FCC, a public-private partnership would build a shared network on spectrum capacity assigned to two separate license-holders. In the FCC plan, the PSBL would hold a national license of 10MHz in the 700 MHz band and a commercial partner would hold an adjacent license for 10 MHz, nationwide, designated as the D Block. The two licensees and the network would operate according to requirements set out by the FCC as part of its rulemaking for the auction of frequencies within the 700 MHz band. These frequencies are being vacated by television broadcasters in their switch to digital technologies.\nIn an auction that ended on March 18, 2008, the one bid for the D Block was well below the reserve price set for that license. The FCC therefore did not assign the license but has proceeded to review its rules regarding licensing, structuring a partnership, setting service requirements, and other rules and obligations established prior to the commencement of Auction 73. It has prepared a further notice of proposed rule-making that seeks comments on identified options that might be pursued in disposing of the D Block. The FCC\u2019s current proposals for the creation of a nationwide, interoperable public safety broadband network depend on the successful sale of the D Block to a commercial entity willing to invest in a public-private network partnership. The FCC auction requirements do not reference Congress\u2019s requirements for the Department of Homeland Security to provide a national communications capability (P.L. 109-295, Title VI, Subtitle D).\nSome of the proposals from the FCC or frequently mentioned by industry experts are reviewed in this report. Some of the possible solutions can be achieved exclusively through the rule-making process but several that address how best to salvage plans for a nationwide, broadband network for public safety would require the assistance of Congress through legislation. A bill that would provide financial assistance to the Public Safety Broadband Licensee through grants made by the FCC has been introduced. The Public Safety Broadband Authorization Act of 2008 (H.R. 6055, Harman) would establish conditions for the operations of the PSBL and would provide $1 million in both FY2009 and FY2010 for expenses. An additional $2 million would be authorized for used by the FCC \u201cto promote the establishment of a nationwide, interoperable broadband public safety communications network.\u201d The Reliable, Effective, and Sustained Procurement of New Devices for Emergency Responders (RESPONDER) Act of 2008 (S. 3465, Wicker) would create a First Responders Interoperable Device Availability Trust Fund to provide grants to purchase interoperable radios for the new public safety network.",
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