This presentation was given by Sharon Bertelsen, an attorney with Ballad Spahr LLP to the Utah Broadband Advisory Council.

1. Middle Class Tax Relief and Job Creation Act of 2012
Title VI: Public Safety Communications and
Electromagnetic Spectrum Auctions

2. Overview: Spectrum and Funding
• Spectrum Provisions:
– Reallocates the 700 MHz D Block spectrum to public safety
– Authorizes FCC to reallocate and auction the 470-512 MHz
(T-Band), currently used by public safety entities (auction
revenue will be used to reimburse relocation from the T-Band)
• Funding Provisions:
– Authorizes FCC incentive auctions to raise $7 billion for
Nationwide Public Safety Broadband Network (NPSBN)
– Authorizes NTIA to provide $135 million to support State and
local efforts to plan and integrate with the NPSBN
– Provides $20.4 billion of incentive auction revenue for deficit
reduction

3. Overview: NPSBN
• Access to NPSBN:
– Emergency response providers, including Federal, State, and
local governmental and non-governmental emergency public
safety, fire, law enforcement, emergency response, medical
– Allows for secondary use by non-public safety entities
– NPSBN cannot provide commercial services to consumers
• Governance:
– First Responders Network Authority (“FirstNet”) is established
for planning, construction, and operation of the NPSBN
• Technical Advisory Board for First Responder Interoperability:
– Developing minimum technical requirements for NPSBN to
ensure interoperability – to FCC May 22, then FirstNet June 20

4. FirstNet
• New independent authority within Dept. of Commerce’s NTIA
• FirstNet will consist of 15 Board Members
• FirstNet will be licensee for the 700 MHz broadband spectrum
• FirstNet is authorized to collect access fees from users
• FirstNet will be responsible for constructing, operating NPSBN:
– Issuing and managing contracts with non-Federal entities
– Establishing network policies
– Issuing RFPs for network build-out
– Encouraging the use of existing wireless infrastructure
– Consulting with Federal, State, tribal, public safety, NIST, FCC
– Negotiating with commercial network providers for roaming
agreements; priority is given to public safety communications

5. State and Local Coordination
• Coordination with State and local entities will be
with a single officer or governmental body
• FirstNet will consult with State and locals on:
– Planning the most efficient way to integrate with the NPSBN
– Placement of towers and coverage areas of the network
– Adequacy of security, reliability, and resiliency
– Assignment of priority users
– Training needs

6. State Participation/Opt Out
• States may opt out
• FirstNet will provide a plan/RFP to States
• States opting out will have to submit an interoperability plan to the FCC
• State Plans must demonstrate:
– Technical and fiscal capability to operate State radio access network
– Ability to maintain ongoing interoperability with the NPSBN
– Capacity to complete project within specified FirstNet timelines
– Cost-effectiveness
– Comparable security, coverage, and quality of service to FirstNet
• If FCC approves the plan, the State may apply to the NTIA for a
construction grant and lease spectrum capacity from FirstNet
• If FCC disapproves plan, FirstNet plan will move forward in that State