July 21, 2020 Cruz, Cornyn Introduce T-Band Repeal Bill Sens. Ted Cruz

July 21, 2020

Cruz, Cornyn Introduce T-Band Repeal Bill

Sens. Ted Cruz (R., Texas) and John Cornyn (R., Texas) have introduced legislation to repeal the statutory mandate that the FCC auction public safety T-band channels next year and relocate public safety entities by 2023. The mandate was included in the Middle Class Tax Relief and Job Creation Act of 2012.

The Ensuring Public Safety’s Access to Airwaves Act of 2020 would also require the National Telecommunications and Information Administration to identify by Dec. 31, 2020, at least 42 megahertz of federal spectrum below the 10.5 gigahertz band to be reallocated for commercial mobile and fixed broadband access.

The FCC would have to reallocate and commence an auction of the spectrum by Dec. 31, 2021.

The T-band in the 470-512 MHz band and spectrum licensed to the First Responder Network Authority (FirstNet) would be off the table for such identification.

Other T-band rescission legislation has been introduced in both houses of Congress.

The House Energy and Commerce Committee last week approved the Don’t Break Up the T-Band Act (HR 451). It was introduced by Reps. Eliot Engel (D., N.Y.), Lee Zeldin (R., N.Y.), Al Green (D., Texas), and Peter King (R., N.Y.) (TR Daily, March 10). Also, the House included repeal language in The HEROES Act (HR 6800), but it was not included in COVID-19 legislation approved by the Senate.

Sen. Ed Markey (D., Mass.) introduced a similar mandate-repeal bill (S 2748) last year (TR Daily, Oct. 31, 2019), which the Senate Commerce Committee approved in December (TR Daily, Dec. 11, 2019).

Meanwhile, 26 public safety, utility, municipal, and other entities wrote Senate Majority Leader Mitch McConnell (R., Ky.) and Senate Minority Leader Chuck Schumer (D., N.Y.) today to urge them to include T-band repeal language in the next COVID-19 package. The letter stressed the importance of the spectrum to public safety agencies as well as utilities.

“The potential auction of the T-Band is directly related to the COVID-19 crisis,” the letter said. “First responders rely on the T-Band spectrum to serve their communities for interoperable communications between fire, EMS, law enforcement agencies and 911 communications. Demonstrating the T-Band’s importance, the FCC allowed New York City to broaden its use of T-Band spectrum during the spring to support COVID-19 response operations. As state and local governments are being impacted by revenue shortfalls, it is even more pressing that Congress act to forestall any impediment to the delivery of emergency services in these communities.”

Among those signing onto the letter were the International Association of Fire Chiefs, International Association of Fire Fighters, National League of Cities, United States Conference of Mayors, National Association of Counties, International Association of Chiefs of Police, Major Cities Chiefs Association, National Sheriffs’ Association, Major County Sheriffs of America, Association of Public-Safety Communications Officials-International, National Public Safety Telecommunications Council, American Petroleum Institute, Utilities Technology Council, Enterprise Wireless Alliance, and public safety agencies and groups from New York City, Los Angeles, and Massachusetts.- Paul Kirby, [email protected]