June 9, 2004

HARMAN BERATES BROADCASTERS FOR OPPOSING FIRST
RESPONDER COMMUNICATION NEEDS
-Testifies Before Senate Calling Interoperability a National Security Issue-

Washington, DC - Today, in testimony, Representative Jane Harman (CA-36), cited broadcaster intransigence as the principal reason for lack of progress in allocating badly needed radio spectrum for America's first responders. Her testimony follows:

"People testifying today will have different priorities and different reasons to support spectrum reclaim. I'd like to take a few minutes of the Committee's time to talk about the priorities of America's hometowns and the critical importance of interoperable communications to their first responders.

"Interoperability is more than a public safety issue. It's a national security issue, and to our first responders it can be an issue of life or death. In 1997, Congress made a promise to the American people to allocate dedicated radio spectrum to first responders. Yet, it's seven years later and we still have not made good on our commitment. Why have we broken our promise? Because a handful of broadcasters refuse to compromise on this issue.

"Thousands of lives are potentially at stake. We have all heard the tragic stories of firefighters who died in the World Trade Center on 9/11 because NYPD helicopters circling overhead could not radio them that the towers were glowing and beginning to collapse.

"At the Pentagon on that same dark day, first responders from surrounding counties who converged on the scene were forced to use runners to convey messages as their communications equipment was not compatible. The same was true during last year's devastating Southern California wildfires.

"Unbelievably, in such unimaginably critical and complex situations, our first responders were reduced to Roman era technology - runners - to do their jobs.

"Because of broadcaster intransigence, some 5 percent of the TV stations operating in the U.S. are holding the rest of America hostage by refusing to move their channels off of the spectrum promised to first responders.

"Specifically, out of 1,500 TV stations operating in this country today, 75 analog and digital stations operating on channels 62 through 65 and 67 through 69 are causing the blockage of much-needed spectrum for public safety purposes. An estimated 54 percent of the nation's population lives in areas where public safety officials have no access to the 700 MHz spectrum.

"Think of it this way. Imagine if terrorists flew into the Bank One Center in Phoenix tomorrow and local firefighters could not communicate with their colleagues on the ground or flying overhead. What would we tell the families of those lost in such a tragedy? Would we talk about the technicalities of the spectrum and the loophole left open for the broadcasters in 1997?

"As someone who has been a strong supporter of the broadcasters on many occasions in the past, I must respectfully say that, on this issue, they are dead wrong. More than once, I have attempted to work out a compromise with the broadcasters, and all efforts have been fruitless.

"Instead of addressing this issue head-on, we are allowing 5 percent of the TV stations to prevent over half of the American people from receiving any benefits of improved public safety communications in the 700 MHz band.

"Putting this in perspective, more than half of the nation's population lives in areas where public safety officials have no access to the emergency response spectrum.

"All of us, including the broadcasters, have mothers, fathers, sons, daughters and siblings living and working in areas where there is no spectrum access. Mr. Chairman, we owe it to the American people to do the right thing. The first responders are counting on us to keep our promise.

"That is why it is imperative that Congress act quickly to establish a hard and fast deadline for turning the spectrum over to first responders. A deadline of December 31, 2006 - without any loopholes - is entirely appropriate, and, I believe, is still feasible.

"Key elements for first responders to begin using this spectrum are in place. The spectrum is allocated, states have already received licenses to use the 700 MHz band and local jurisdictions are engaged in regional planning needed to get a license. However, the investment to use the spectrum by public safety agencies cannot commence unless there is a tangible date when that spectrum can be used. Essentially, the first responders are waiting on Congress to keep our promise, and I think they have waited long enough.

"Legislation that I have introduced with my colleague Rep. Curt Weldon - the Homeland Emergency Response Operations ("HERO") Act (H.R. 1425) - would hold the FCC to a December 31, 2006 deadline and eliminate any linkage to digital TV rollout and adhering to that deadline.

"The HERO Act is supported by leading law enforcement officials like LA County Sheriff Lee Baca .

"It's been endorsed by countless public safety and first responder groups including the International Association of Chiefs of Police, the International Association of Fire Chiefs, the National Sheriffs' Association, the County Sheriffs' Association, the National Association of Counties, the National Emergency Management Association as well as the National Governors Association and League of Cities.

"Even with such stellar support, the Act - introduced two years ago - has made no progress but for one hearing on the House side due to broadcaster opposition.

"Mr. Chairman, I ask you to join me in moving forward on this important issue - in the name of the victims of 9/11, and for the protection of the survivors."

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