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Washington, D.C. Congresswoman Jane Harman (D-Venice), Member of the Energy and Commerce Telecom and Internet subcommittee, released the following letter today to Chairman Martin.
The Honorable Kevin J. Martin
Chairman
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554
Dear Mr. Chairman:
At the Telecom and Internet Subcommittee’s April 15th hearing on the 700 MHz auction, I expressed my strong support for holding a second auction of the D block that maintains the public-private partnership envisioned in the first. I am pleased that all five FCC Commissioners agreed that the goal of a nationwide, broadband network for public safety is worth another try.
Many of our witnesses also agreed that the FCC should solicit public comment on key issues related to the partnership. This process will help the FCC and Congress understand why the first auction failed and provide valuable outside perspectives on how to design a new auction. I urge the FCC to include the following questions in its D block Notice of Proposed Rulemaking:
Shared, Wireless Broadband Network
• What essential features of the Network Sharing Agreement should be specified in advance, rather than negotiated after the auction?
• Should the auction rules favor new entrants? If so, how?
• How much will a dedicated, nationwide, interoperable broadband network for public safety, built to the requirements outlined in the first auction rule, cost to build and operate?
• Should public safety end users be required to subscribe to the shared network, at reasonable rates, and to pay for access to the network with DHS interoperability grant money?
Public Safety Spectrum Trust
• Should the Commission restrict the PSST’s pre-auction business relationships with commercial entities? If so, what relationships should and should not be permitted?
• What is the best way to fund PSST operations? Should the D block winner be required to pay the PSST’s administrative and operating costs, or should government funding be allocated for this purpose? If the D block winner assumed this responsibility, what would be a reasonable amount to expect the D block winner to pay?
• How can the Commission ensure a continuing oversight role for Congress in the D block partnership? Should Congress designate some PSST board members?
Regional Licenses
• If the D block were split into regional licenses, how would the Commission ensure that the primary goal of a national, interoperable communications network for public safety agencies is not jeopardized?
• Are the needs of public safety served if the PSST must negotiate separate network sharing agreements with several commercial entities, rather than a single, nationwide commercial partner?
• Under a regional approach, how would we ensure that interoperable communications capabilities are extended to first responders in every region in an equitable fashion?
Effects of Abandoning the Public-Private Partnership
• If the public-private partnership were abandoned and the D block auctioned for unrestricted commercial services, how would public safety broadband communications be adequately protected against interference?
• Would measures to protect against this interference reduce the amount of usable, broadband spectrum available to public safety and in the D block?
• If the D block were auctioned without public safety obligations, would the 10 MHz of public safety spectrum allocated for broadband be sufficient by itself to support a nationwide, interoperable broadband network for public safety?
• If the D block were auctioned for unrestricted commercial services, how much money would the auction raise? Assuming that the auction would yield less than the cost of building a dedicated, nationwide, interoperable broadband network for public safety, how should the shortfall be addressed?
Answers to these questions will better inform FCC and Congressional views on the D block auction and help us achieve true, nationwide interoperability for first responders. I look forward to continuing to work with you and the Commission as we strive to get this right.
Regards,
Jane Harman
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