HR 5081, introduced Tuesday, April 20 by Rep. Pete King, takes the 10 MHz of 700-D block spectrum off the auction block and allocates it directly to public safety. Paired with 10MHz of the 24 MHz in the 700 band previously allocated to public safety, it would be used to create a nationwide interoperable public safety broadband network for emergency communications.

While shared use of the public safety broadband spectrum is authorized, public safety users retain priority access, relegating non-public safety users (undefined under bill) to secondary status. Emergency response providers as defined by the Homeland Security Act (emergency public safety, fire, law enforcement, emergency response, emergency medical, including hospital emergency facilities), and related personnel, agencies, and authorities) are specifically designated as authorized users of the network. Moreover, the bill directs the FCC to encourage public safety to consider using existing or planned commercial communications infrastructure.

In sum, the licensee/user class is clearly defined as “public safety,” “first responders” and “emergency response providers.” Coupled with the preference for commercial infrastructure, the bill as introduced does not include utilities as part of this nationwide interoperable emergency broadband network, either in terms of build-out, shared use, or access.