Sunday, October 16, 2011


(a) In General.—Not later than 1 year after the date of enactment of this subtitle, and each year thereafter, the Corporation shall submit an annual report covering the preceding fiscal year to the President and the appropriate committees of Congress.

Now there is an easy way and a hard way to do this type of report.  The hard way is to wait until the month before the report is due and compile all the facts and put it in a formal format.  Or.  The easy way is to lay out the formal format before any meeting begins.  Record the meeting minutes.  Write the minutes to the meeting.  Then transcribe the meeting minutes into the formal report format.  Then after each meeting the format is simply updated and stored to release to the members of the Board a month before the report is due in Congress so their can be additions or corrections.  

But, one might ask "How do we know what to include in that formal format as not everything that is in the minutes goes into the report to Congress?"

That's an easy one.

(b) Required Content.—The report required under subsection (a) shall include—

(1) a comprehensive and detailed report of the operations, activities, financial condition, and accomplishments of the Corporation under this section; and

(2) such recommendations or proposals for legislative or administrative action as the Corporation deems appropriate.

(c) Availability to Testify.—The directors, officers, employees, and agents of the Corporation shall be available to testify before the appropriate committees of the Congress with respect to—

(1) the report required under subsection (a);

(2) the report of any audit made by the Comptroller General under section 291; or

(3) any other matter which such committees may determine appropriate.

I'll be darn the Corporation has 'paid for' help.  Isn't that nice?


The Commission and the Departments of Homeland Security, Justice and Commerce may provide technical assistance to the Corporation and may take any action at the request of the Corporation in effectuating its duties and responsibilities under this Title.

The next section is the one the Red States will bellyache about.  Why are they going to bellyache?  Because it assigns more tasks to the governments they are trying to get rid of.


(a) Establishment of State and Local Implementation Grant Program.—The Assistant Secretary, in consultation with the Corporation, shall take such action as is necessary to establish a grant program to make grants to States to assist State, regional, tribal, and local jurisdictions to identify, plan, and implement the most efficient and effective way for such jurisdictions to utilize and integrate the infrastructure, equipment, and other architecture associated with the nationwide public safety interoperable broadband network established in this subtitle to satisfy the wireless communications and data services needs of that jurisdiction, including with regards to coverage, siting, identity management for public safety users and their devices, and other needs.

That is nice, isn't it?  They get grants and ever-thin' and they will still bellyache.

But, there is a CATCH.  There is always a catch when dealing with the Federal government and it was that reason the Florida Governor declined the High Speed Rail connecting two major cities in his state.  That Federal Government ain't never gonna let the Red States git rid of the government so they don't have to pay taxes.

(b) Matching Requirements; Federal Share.—

(1) IN GENERAL.—The Federal share of the cost of any activity carried out using a grant under this section may not exceed 80 percent of the eligible costs of carrying out that activity, as determined by the Assistant Secretary, in consultation with the Corporation.

Told ya.

But, see, President Obama is ready for that whole mess this time.

(2) WAIVER.—The Assistant Secretary may waive, in whole or in part, the requirements of paragraph (1) for good cause shown if the Assistant Secretary determines that such a waiver is in the public interest.


And they ain't gonna have much time to stew about it either.

(c) Programmatic Requirements.—Not later than 6 months after the establishment of the bylaws of the Corporation pursuant to section 286 of this subtitle, the Assistant Secretary, in consultation with the Corporation, shall establish requirements relating to the grant program to be carried out under this section, including the following:

The States have to define scope and cost of eligibility and work out the grant amounts.  But, this is my favorite  one and the one many of the Red States need to pay attention to (That's me, not the President).

(3) Prioritizing grants for activities that ensure coverage in rural as well as urban areas.

Dog gonnit there ain't anyone working for the government with enough free time to do this.  So, they might even have to hire another secretary to the State Treasurer or something, huh?

(d) Certification and Designation of Officer or Governmental Body.—In carrying out the grant program established under this section, the Assistant Secretary shall require each State to certify in its application for grant funds that the State has designated a single officer or governmental body to serve as the coordinator of implementation of the grant funds.


The funds are not allocated to the Corporation, but, maintained in the US Treasury.

(a) ESTABLISHMENT.---There is established in the Treasury of the United States a fund to be known as the “State and Local Implementation Fund”.

I don't think this is going to happen on October 1, 2011 unless the Congress has come up with a time machine that will make this all possible.  And considering some of the costumes of the Tea Baggers, that may be the case.  Anyone meet up with a time traveling Ben Franklin, yet?  I'd really like to see him play with lightning in the year 2011.  Sizzle.


(1) IN GENERAL.---The Assistant Secretary may borrow from the General Fund of the Treasury beginning on October 1, 2011, such sums as may be necessary, but not to exceed $100,000,000 to implement section 294,

(2) REIMBURSEMENT.---The Assistant Secretary shall reimburse the General Fund of the Treasury, with interest, for any amounts borrowed under subparagraph (1) as funds are deposited into the State and Local Implementation Fund.

Hey, look, a time machine is at least as good if not better than 9-9-9, so no laughing.  I might even run for President next time around.


(a) NIST Directed Research and Development Program.—From amounts made available from the Public Safety Trust Fund established under section 297, the Director of NIST, in consultation with the Commission, the Secretary of Homeland Security, and the National Institute of Justice of the Department of Justice, as appropriate, shall conduct research and assist with the development of standards, technologies, and applications to advance wireless public safety communications.

I think I addressed this very real capacity before when I stated universities would be the best venue for quality improvements.  I am being redundant, not the President.  In addition to that concept should the Board decide on that methodolgy, the Corporation will keep records of: 

(1) document public safety wireless communications technical requirements;

Accelerate processes in order to:

(3) establish a research plan, and direct research, that addresses the wireless communications needs of public safety entities beyond what can be provided by the current generation of broadband technology;

(4) accelerate the development of mission critical voice, including device-to-device “talkaround” standards for broadband networks, if necessary and practical,...

...But public-safety voice-over-LTE (click here for article regarding the need and will regarding this technology) will require significantly more voice elements than conversational voice services delivered over LTE, said Mario DeRango, vice president and chief architect with Motorola Solutions. Public safety requires critical voice services, he said.
Talk-around is particularly important to public safety, because that capability allows first responders to communicate with each other when their radios are unable to connect to the network. One example would be when a firefighter is in a structure that lacks an adequate in-building coverage system. Another would be when the network has been rendered inoperable by a natural or man-made disaster. In such situations, the ability to talk with other first responders on a peer-to-peer basis can mean the difference between life and death.
Consequently, members of the public-safety community, in collaboration with the Department of Justice, recently re-affirmed the requirement for talk-around through a draft of requirements crafted specifically for broadband public-safety networks. While the next iteration of the LTE standard — which is due later this year — will include VoIP capabilities, it won't provide the push-to-talk voice communications, i.e., one-to-many and talk-around, that are necessary in a mission-critical environment like the one in which first responders operate....

(a) Establishment of Public Safety Trust Fund.—

(1) IN GENERAL.—There is established in the Treasury of the United States a trust fund to be known as the “Public Safety Trust Fund”.


(A) IN GENERAL.—There shall be deposited into or credited to the Public Safety Trust Fund the proceeds from the auction of spectrum carried out pursuant to—

(B) AVAILABILITY.—Amounts deposited into or credited to the Public Safety Trust Fund in accordance with subparagraph (A) shall remain available until the end of fiscal year 2018....

Then it goes back to the General Fund of the Treasury.

(b) Use of Fund.—Amounts deposited in the Public Safety Trust Fund shall be used in the following manner:


(A) REQUIRED DISBURSALS.—Amounts in the Public Safety Trust Fund shall be used to make any required disbursal of payments to licensees required pursuant to clause (i) and subclause (IV) of clause (ii) of section 309(j)(8)(F) of the Communications Act of 1934.

I found it in the Online Library of Congress.  This is so cool.  Section 309(j)(8) had a section added to it (F).  And there is the clauses (i)  and (IV) of (ii).

      (1) in subparagraph (A), by striking `subparagraphs (B), (D), and (E)' and inserting `subparagraphs (B), (D), (E), and (F)';
      (2) in subparagraph (C)(i), by inserting before the semicolon at the end the following: `or subparagraph (F)'; and
      (3) by adding at the end the following:
            `(I) IN GENERAL- There is established in the Treasury of the United States a trust fund to be known as the `First Responders Interoperable Device Availability Trust Fund', consisting of such amounts as shall be deposited under subclause (II).
            `(II) TRANSFER OF AMOUNTS- Notwithstanding subparagraphs (A) and (E) or any other provision of law, there shall be deposited in the First Responders Interoperable Device Availability Trust Fund--
`(aa) 5 percent of the net proceeds (including deposits and upfront payments from successful bidders) from the use of the competitive bidding system established under this subsection; and

`(bb) 100 percent of the net proceeds (including deposits and upfront payments from the successful bidders) from the use of a competitive bidding system under this subsection with respect to the D-block of licenses.
          `(ii) GRANT PROGRAM-...
        (IV) COORDINATION- In carrying out the grant program established under this clause, the Administrator shall coordinate its efforts to establish interoperable device requirements under subclause (III) with the head of any other Federal agency responsible for establishing standards related to interoperable devices.

There are also checks and balances to be regarded as to the formulas used for the auction.  The OMB and appropriate committees of Congress will receive three months advance notice to concur on the formula and date of proceeding of the auction.

(I) of the methodology for calculating the disbursal of payments to certain licensees required pursuant to clause (i) and subclauses (III) and (IV) of clause of (ii) of such section;

(II) that such methodology considers the value of the spectrum voluntarily relinquished in its current use and the timeliness with which the licensee cleared its use of such spectrum; and

(III) of the estimated payments to be made from the Incentive Auction Relocation fund established under section 309(j)(8)(G) of the Communications Act of 1934.

Now, nobody said anything about (G) before now.  It was tough enough finding (F), and (i) and (IV) of (II)  I'll be darn if I'm going to search for (G).

(2) INCENTIVE AUCTION RELOCATION FUND.—Not more than $1,000,000,000 shall be deposited in the Incentive Auction Relocation Fund established under section 309(j)(8)(G) of the Communications Act of 1934.

Here it is again and this time its attached to $1 billion US.  Man, oh, man.

With any luck it is here, but, it is going to take too much time to sort through all that right now.

47 USC 309 - Sec. 309 Application for license (click here)

(3) STATE AND LOCAL IMPLEMENTATION FUND.—$200,000,000 shall be deposited in the State and Local Implementation Fund established under section 294.

(4) PUBLIC SAFETY BROADBAND CORPORATION.—$6,450,000,000 shall deposited with the Public Safety Broadband Corporation established under section 284, of which pursuant to its responsibilities and duties set forth under section 288 to deploy and operate a nationwide public safety interoperable broadband network Funds ... shall be available after submission of a five -year budget by the Corporation and approval by the Secretary of Commerce, in consultation with...

of Management and Budget and Attorney General of the United States.

(5) PUBLIC SAFETY RESEARCH AND DEVELOPMENT.—After approval by the Office of Management and Budget of a spend plan developed by the Director of NIST, a Wireless Innovation (WIN) Fund of up to $300,000,000...

Sounds like there is going to be some monies made because excess has to be deposited back to the General Fund.

(6) DEFICIT REDUCTION.—Any amounts remaining after the deduction of the amounts required under paragraphs (1) through (5) shall be deposited in the General Fund of the Treasury, where such amounts shall be dedicated for the sole purpose of deficit reduction.

It would seem as though Subparagraph (G) is a hot topic.  I ran across something I though might be the context of which I was looking for but that was specifically 113 and not 309 so I dismissed it.  I think I should have listed it just for fun.


(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this subtitle and every 2 years thereafter, the Commission shall, in consultation with the Assistant Secretary and the Director of NIST, conduct a study and submit to the appropriate committees of Congress a report on the spectrum allocated for public safety use.

(b) CONTENTS.—The report required by subsection (a) shall include—
(1) an examination of how such spectrum is being used;

(2) recommendations on how such spectrum may be used more efficiently;

(3) an assessment of the feasibility of public safety entities relocating from other bands to the public safety broadband spectrum; and

(4) an assessment of whether any spectrum made available by the relocation described in paragraph (3) could be returned to the Commission for reassignment through auction, including through use of incentive auction authority under subparagraph (G) of section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)
(8)), as added by section 273(a).

Section 298 and 299 are straight forward.


The Commission may adopt rules, if necessary in the public interest, to improve the ability of public safety users to roam onto commercial networks and to gain priority access to commercial networks in an emergency if –

(1) The public safety entity equipment is technically compatible with the commercial network;

(2) The commercial network is reasonably compensated;

(3) Such access does not preempt or otherwise terminate or degrade all existing voice conversations or data sessions.

It was a Senate bill authored by Senator John McCain.  What I don't understand is that if the good Senators were so interested in 2003 about this topic, why aren't they now?

S.865 -- Commercial Spectrum Enhancement Act (Introduced in Senate - IS) (click here)

S 865 IS

1st Session

S. 865
To amend the National Telecommunications and Information Administration Organization Act to facilitate the reallocation of spectrum from governmental to commercial users.


April 10, 2003

Mr. MCCAIN (for himself, Mr. DORGAN, Mr. BROWNBACK, and Mr. ENSIGN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation...

    Section 113(g) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)) is amended by striking paragraphs (1) through (3) and inserting the following:--
      `(1) ELIGIBLE FEDERAL ENTITIES- Any Federal entity that operates a Federal Government station assigned to a band of frequencies specified in paragraph (2) and that incurs relocation costs because of the reallocation of frequencies from Federal use to non-Federal use shall receive payment for such costs from the Spectrum Relocation Fund, in accordance with section 118 of this Act. For purposes of this paragraph, Federal power agencies exempted under subsection (c)(4) that choose to relocate from the frequencies identified for reallocation pursuant to subsection (a), are eligible to receive payment under this paragraph.
      `(2) ELIGIBLE FREQUENCIES- The bands of eligible frequencies for purposes of this section are as follows:
        `(A) the 216-220 megahertz band, the 1432-1435 megahertz band, the 1710-1755 megahertz band, and the 2385-2390 megahertz band of frequencies; and...
Back to the bill:





(a) IN GENERAL.—Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), is amended—

(1) by striking “January 3, 2012” each place it appears and inserting “January 3, 2013”;

(2) in the heading for subsection (b)(2), by striking “January 3, 2012” and inserting “January 3, 2013”; and
(3) in subsection (b)(3), by striking “June 9, 2012” and inserting “June 8, 2013”.

Cited Law:

PUBLIC LAW 110–252—JUNE 30, 2008  122 STAT. 2347 


"26 U.S.C. 3304 note" appears three times as least in the right hand column of the margin.  The first appearance of "26 U.S.C. 3304" note is at the section above.

(c) EFFECTIVE DATE.—The amendments made by this section shall take effect as if included in the enactment of the Unemployment Compensation Extension Act of 2010 (Public Law 111-205).

Cited Law:

PUBLIC LAW 111–205—JULY 22, 2010 (click here)



(a) IN GENERAL.—Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111–5 (26 U.S.C. 3304 note), is amended—

The law that is cited is from the last unemployment boost the nation received in 2009.  The section is VIII, Department of Labor, etc.  But, what this states is that the benefit will be extended under dates that need to be updated in the law.  But, the law reads the same, the dates are changed.

Public Law 111-5 (click here)
111th Congress
An Act
 Making supplemental appropriations for job preservation and creation,infrastructure investment, energy efficiency and science, assistance tothe unemployed, and State and local fiscal stabilization, for the fiscal 
year ending September 30, 2009, and for other purpose.<<NOTE: Feb. 17, 
                           2009 - 

The current bill.

(b) EXTENSION OF MATCHING FOR STATES WITH NO WAITING WEEK.—Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110–449; 26 U.S.C. 3304 note) is amended by striking ‘‘June 10, 2012’’ and inserting ‘‘June 9, 2013’’

(c) EXTENSION OF MODIFICATION OF INDICATORS UNDER THE EXTENDED BENEFIT PROGRAM.—Section 502 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (Public Law 111-312; 26 U.S.C. 3304 note) is amended—

(1) in subsection (a) by striking “December 31, 2011” and inserting “December 31, 2012”; and

(2) in subsection (b)(2) by striking “December 31, 2011” and inserting “December 31, 2012”.

(d) EFFECTIVE DATE.—The amendments made by this section shall take effect as if included in the enactment of the Unemployment Compensation Extension Act of 2010 (Public Law 111-205).

That takes it to Page 92 and the next topic for tomorrow is below:


Good night.

There is a system coming ashore on the West Coast of North America I have been watching for a few days.

October 16, 2011
UNISYS North and West Water Vapor Satellite (click title to entry for 12 hour loop - thank you)

I was worse in intensity while at sea.  The system appeared to be a huge 'roll cloud.'  But, as it has approached the warmer continent it appears to be pushing the current 'straight winds' across the nation out of its dominance.  I believe it will yield more of the same winds as this system.  With straight wind systems it is always the 'endurance' of the winds that does the most damage.  I thought it was worth noting.

October 12, 2011
Pacific Ocean Satellite

When the system that is now off the West Coast of NA was over Alaska (the dark orange wind mass) it produced some stiff winds and gale warnings.  The appearance of the 'roll cloud' appearance sustained for some time after this image was snapped.  The second 'air mass' in this image is the current wind system across the USA today.  

October 13, 2011
UNISYS North and West Water Vapor Satellite

The more intense appearing air mass is seen in the very left upper corner over east Alaska.  It started to dissipate from its 'roll cloud' characteristics, but, was simply moving into position to follow the current system along the same path.

October 13, 2011
0816 gmt
Pacific Ocean Satellite

The noted unusual characteristic is starting to dissipate, but, as I had stated before it sustained that dynamic for some time.  The air density may have shifted as it came into lower latitudes, but, I am still concerned sustaining straight line winds may prove to be a problem.

This next system may prove to be strong than the first as well.

October 13, 2011
0000 gmt
WSI GOES West Satellite

Today was a day worth waiting for on the National Mall.

In support of Breast Cancer Awareness Month I urge everyone to donate what they can afford to the charity of choice.

The Obamas have put their support behind the effort.  Thank you.


(a) General Powers.—The Corporation shall have the authority to do the following:

(1) To adopt and use a corporate seal.

(2) To have succession until dissolved by an Act of Congress.

I don't really see a need for article two.  Public Safety is a necessity and not an item to be toyed with in stupid budgets by Republican legislators.  I could not mean that more.  The longer the selection of their Presidential nominee goes on the more and more I sincerely believe the Republicans have no sincere capacity to think yet alone lead.  Provision Two is like dangling temptation in front of their nose.  Destroying a SAFETY corporation will be the first thing a Republican legislator of this generation will do simply because they are 'counter active' to every aspect of benevolence.  They don't believe in any benevolence a citizen should have granted by the government.  They believe one should have to purchase benevolence.  In the case of the natural gas industry it is cisterns, in the method of limiting greenhouse gases it is underground bunks to protect from tornadoes and straight line winds and an oxygen supply when the atmosphere's oxygen takes a nose dive below 21% and the list goes on and one.  Republican legislators would not know morality if it bit them where the sun don't shine, but, preferably there; less blood flow.

(3) To prescribe, through the actions of its Board, bylaws not inconsistent with law and the laws of the District of Columbia, regulating the manner in which the Corporation’s general business may be conducted and the manner in which the privileges granted to the Corporation by law may be exercised.

(4) To exercise, through the actions of its Board, all powers specifically granted by the provisions of this Title, and such incidental powers as shall be necessary.

Hard to believe number four is actually necessary, but, given the way legalese can manipulate words I suppose that is correct.  I think take back the belief President Obama does not defend from adverse word manipulation.  He should enter this provision on everything he writes.  I did say,. "I think."  

(5) To hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Corporation considers necessary to carry out its responsibilities and duties.

It is its own legal department.  I suppose so, the AG is on the Board.  Nice.  Convenient.  Now, I am wondering if there is a capacity to appeal mentioned here and if not will a court accept a case to challenge any and all decisions by the Board?  Probably.  Courts will look at anything in this country.  Not that they will rule on it, but, they'll look at it.  Perhaps one of the first items on the agenda should be developing a grievance procedure to spare the federal courts from the burden.

(6) To obtain grants and funds from and make contracts with individuals, private companies, organizations, institutions, and Federal, State, regional, and local agencies, pursuant to guidelines established by the Director of the Office of Management and Budget.

(7) To accept, hold, administer, and utilize gifts, donations, and bequests of property, both real and personal, for the purposes of aiding or facilitating the work of the Corporation.

It is a fiduciary relationship.  There is no other definition that can be applied to it.  There is benevolence.  Litigable benevolence.  The Board screws up and the public has redress.  

(8) To issue notes or bonds, which shall not be guaranteed or backed in any manner by the Government of the United States, to purchasers of such instruments in the private capital markets;.

(9) To incur indebtedness, which shall be the sole liability of the Corporation and shall not be guaranteed or backed by the Government of the United States, to carry out the purposes of this Title.

They have their own budget capacity which removes their burden to the taxpayer.  It is only reasonable.  But, the budget needs to be policed to insure there are not 'corporation sized bonuses' for employees, of whom are not considered to be federal employees with paid for by the people benefits.  So, the extent the monies obtained through private capital markets needs to be monitored, perhaps best through an advisory committee and public statements of accounting in the Federal Register.  I don't know if the Federal Register is the best place, but, it is a guaranteed place.

(10) To spend funds under paragraph (6) in a manner authorized by the Board, but only for purposes that will advance or enhance public safety consistent with this subtitle.

There is the limitation on spending.  Sort of.

(11) To establish reserve accounts with funds that the Corporation may receive from time to time that exceed the amounts required by the Corporation to timely pay its debt service and other obligations.

Eleven is assurances of the capacity of the corporation in the future, however, during the Bush/Cheney White House it was these reserves, or better said, reserves within the federal system that were targeted for 'draining;' literally, into the open market to remove all the 'reserves' to crash the government and expand the debt limit.  

There needs to be a measure from exploitative actions of any branch of government for this reserve and all that of the federal authorities to remove their dependence on the US Treasury and allow the federal government to be more free standing and corporations like this to be 'reassured' for future generations.  The idea that all this can be reversed by legislation is true of most everything written.  So, to believe these corporations will become a sovereign threat is hideous.  That argument for any aspect of the federal government is ridiculous unless there are lawmakers that want that direction to take place in the course of two years.  I do believe with legislators that seek to change the 'balance of government' it could be accomplished in two years.  So, impeachment of judges and the like need to be 'at the ready' more than they are today.  This democracy is at the top of the food chain in many ways with potential for much personal danger.  If the citizens of this country and those globally don't realize that today, then they never will.  The vigilance to whom is elected and their personal morality to their office in the way of viewing benevolence and its fiduciary relationship to their office or capacity is an important decision and one not to be left to 'chance' or television commercials.  The Free Press of the USA guaranteed under the First Amendment where the press is not propaganda but a partner to the people is the only way to adequately police the government.  But, then citizens would have to view the daily newsprint as a responsible act of citizen and actually read it, perhaps over morning coffee.  It is called 'good democratic habits.'  It is called being informed and a conversationalist. Knowing vocabulary for the sake of knowing it has no real service until it is applied.

Am I on my 'high horse?'  Not in this political environment.  Absolutely not.  Given the "Circus Tent of the Republicans" and the elections of 2010 the country needs a firm spanking to wake them up as to what they are doing to themselves and whom they can trust.

(12) To expend the funds placed in any reserve accounts established under paragraph (11) (including interest earned on any such amounts) in a manner authorized by the Board, but only for purposes that—

(A) will advance or enhance public safety consistent with this subtitle; or

(B) are otherwise approved by an Act of Congress.

(13) To build, operate and maintain the public safety interoperable broadband network.

(14) To take such other actions as the Corporation (through its Board) may from time to time determine necessary, appropriate, or advisable to accomplish the purposes of this subtitle.

The Board should have the capacity to approach Congress as well.  There needs to be a mechanism through the FCC whereby they can bring topics to the Congress, probably through committee or through the Secretary of Commerce.  Or both.  Or either.  Unless, the corporation is fall back on the wayward ruling of Citizens United to act as a citizen with the capacity to seek redress.  To allow the capacity of a corporation to fall into that morass is a gross error.

And I do mean "Circus Tent of the Republicans."  When an economic plan starts showing up from that of a video game there is no viable Republican Party.  The bottom of the barrel is exactly that regardless of their ability to muster wealth and media deception to adversely effect the truth of elections while providing sincerely worthy candidates for election choice.  The Republicans are 'the audacious of the absurd.'  

(1) IN GENERAL.—The Corporation shall hold the single public safety wireless license granted under section 281 and take all actions necessary to ensure the building, deployment, and operation of a secure and resilient nationwide public safety interoperable broadband network in consultation with Federal, State, tribal, and local public safety entities, the Director of NIST, the Commission, and the public safety advisory committee established in section 284(b)(1), including by,—

All the standards below are reasonable.  Interestingly the broadband will be supported by private industry.  I worry about the wisdom of that.  I know the affable nature of all that, but, considering encryption and the ability of the private sector to change methodologies and standards that may not be reasonable to public use and government security, I don't believe that is a good idea.  I do believe the security of the public broadband should have a national strategy as well.  That would include the security to be among the standards of the NSA.  Comingling of private sector maintenance with a national strategy is no ta good idea.  It just isn't.

(A) ensuring nationwide standards including encryption requirements for use and access of the network;

(B) issuing open, transparent, and competitive requests for proposals to private sector entities for the purposes of building, operating, and maintaining the network;

(C) managing and overseeing the implementation and execution of contracts or agreements with non-Federal entities to build, operate, and maintain the network; and

(D) establishing policies regarding Federal and public safety support use.

The standard below in (A) alone requires security beyond that of the private sector.  The public broadband should have the ability to survive to every device possible beyond that of any commercial networks globally.  The citizen's safety, the individual citizen, has to be the focus of this above any mistake or chance of error.  The private sector does not make that investment.  The latest Blackberry fiasco is solid proof of that alone.  I am confident the FCC is investigating the Blackberry cyberattack.

(2) INTEROPERABILITY, SECURITY AND STANDARDS..—In carrying out the duties and responsibilities of this subsection, including issuing requests for proposals, the Corporation shall—

(A) ensure the safety, security, and resiliency of the network, including requirements for protecting and monitoring the network to protect against cyber intrusions or cyberattack;

I don't care if the private sector can develop their own secure channel, but, it should be a separate enterprise form that of the government.  The government has to operate and not just because the stock prices hold up.

(B) be informed of and manage supply chain risks to the network, including requirements to provide insight into the suppliers and supply chains for critical network components and to implement risk management best practice in network design, contracting, operations and maintenance;

Even in (B) the supply chain risks, the design of the network; that isn't private access.  There has to be an autonomous body of federal employees that operate the integrity of a public broadband that is exclusive to the well being of a nation of citizens.  Not that the technology should become stale, that is why government attends private conferences to 'stay up' with the latest and greatest and its application.  But, the Board will have access to universities and the expertise that lies there through their own governance.  I don't really believe in the private sector being 'that close' to my personal security as is perscribed to federal authority.  It is a matter of 'belief' of the security of the government that is paramount to any private interest in the corporation.  It isn't a matter of my belief, but, of the understanding of the belief of a nation of citizens.  It is real and measurable.

(C) promote competition in the equipment market, including devices for public safety communications, by requiring that equipment and devices for use on the network be—

Provision (C) engages the universities again through grants and underwriting.  National Security priorities need to be applied to these capacities when engaging the promotion of devices, however, it can be discerned by the Board what of the technology developed from....let's say MIT... is actually applicable to private use.  The private market.  There will always be government capacity that will not have the ability to incorporate to the public sector.  But, as noted in the NASA programs there are frequently technologies that apply to public sector, private industry enterprise.  The Board with advise if necessary from the university developers of the technology and national security personnel can determine what is applicable to the public-private domain that might even sell to consumers.  The security of 'the individual citizen' has to be at the core of this corporation.

(3) RURAL COVERAGE.—In carrying out the duties and responsibilities of this subsection, including issuing requests for proposals, the Corporation, consistent with the license granted under section 281, shall require deployment phases with substantial rural coverage milestones as part of each phase of the construction and deployment of the network.

Rural development will be interesting.  I live for the day when I am in a distant location and can actually access viable communication capacity.  That will be interesting.  While the military has no problem with that capacity for the public to actually have that type of service available without interfering with military capacity will be very, very nice.  There is simply no feeling like being on ancient icefields and not being able to access the reruns of Gilligan's Island.

(4) EXECUTION OF AUTHORITY.—In carrying out the duties and responsibilities of this subsection, the Corporation may—

All that is fine so long as there is a one way relationship with partners.  What goes on with The Corporation stays with The Corporation.

(1) ESTABLISHMENT OF NETWORK POLICIES.—In carrying out the requirements under subsection (b), the Corporation shall take such actions as may be necessary, including the development of requests for proposals—

All that is fine, too with the understanding the primary purpose is to protect and serve the public sphere in all ways possible while providing state of the art capacity to access for their personal security.

(E) ongoing compliance review and monitoring of the—

(i) management and operation of such network;

(ii) practices and procedures of the entities operating on and the personnel using such network; and

(iii) training needs of entities operating on and personnel using such network.

Quality assurance.


(A) REQUIRED CONSULTATION.—In developing requests for proposal and otherwise carrying out its responsibilities under this subtitle, the Corporation shall consult with regional, State, tribal, and local jurisdictions regarding the distribution and expenditure of any amounts required to carry out the policies established under paragraph (1), including with regard to the—

(ii) placement of towers;

I don't necessarily see the placement of towers to be that of a private partnership concern.  The profitability of the towers is not the concern of the corporation.  The reliability and the access for the public safety concerns is the reason for the placement of towers.  Here again is the issue of rural development.  Every citizen has an equitable interest in the safety this system can afford them.

This sort of falls in the category of Citizen Band Radio regulations.  The CB has been the backbone to citizen communication for as long as the history of the technology.  What would a truck drive do without their 'buddies?'  What kind of health could not be preserved because a doctor 100 miles away at a medical center could not be accessed in Alaska?  Canada uses similar methodology a great deal.  There are greater amounts of remote areas in Canada.  Technology, such as the Kindle, has opened up educational possibilities in Canada to their children all the way to Kindergarten.  

From above:

(b) Duty and Responsibility to Deploy and Operate a Nationwide Public Safety Interoperable Broadband Network.—

(B) METHOD OF CONSULTATION.—The consultation required under subparagraph (A) shall occur between the Corporation and the single officer or governmental body designated under section 294(d).

(3) LEVERAGING EXISTING INFRASTRUCTURE.—In carrying out the requirement under subsection (b), the Corporation shall enter into agreements to utilize, to the maximum economically desirable, existing—

(A) commercial or other communications infrastructure; and

(B) Federal, State, tribal, or local infrastructure.

It is a matter of preserving culture as well.  Accessing the existing infrastructure will give a strong sense of cultural as well as being prudent to its use and economy.  Culture is the essence of communication.  To me it is.  That aspect of diversity should not be sacrificed for efficiency and would risk alienation of the citizen.  Integration is more important in public safety then compliance by the citizen.  That is also a security concern as well.  Integration cannot be linked to propagandized content.  The nation is as secure as its citizens, which is why the #Occupy Wall Street movement is more than simply anger.  The citizen experience with their government cannot be ignored.  It is why confrontation happens.  The private sector has to be regulated for these reasons alone.

To leave the bill for a moment.  There is sincerely something wrong when an entire generation is without employment and it is as global an experience as the 2008 collapse was.  The two events are linked.  Completely and the citizen reaction dictates the path forward.  A country cannot maintain its sovereignty without a tax base and an entire generation is without employment.  That is not a matter of inconvenience, it is a matter of national security and concern.  No wonder there is a national debt crisis.  The tax base is dissolving.

Back to the bill.

(5) ROAMING AGREEMENTS.—The Corporation shall negotiate and enter into, as it determines appropriate, roaming agreements with commercial network providers to allow the nationwide public safety interoperable broadband users to roam onto commercial networks and gain prioritization of public safety communications over such networks in times of an emergency.

Roaming is probably going to be more than necessary.  That is also a matter of integration.  The security of the public safety broadband does not have to be breached in order to roam.  It is a matter of setting up a wall between the private entities and the public security with 'gates' of access to be able to access citizen mobile devices.  The gates can be secured as a passageway to the private sector.  The private sector security has to be honored no different than the government sector.  Gates to access should be agreed upon mutually.  However, the access is from a unilateral direction and that is from government to private and not the other way around.

Gates would be more of a 'step down' frequency issue and does not exclusively have to be the secure broadband that the government uses.  The access can be through Citizen Band or other means to achieve the ''end user" result..  Whatever is agreed upon as a safe and secure method between private-public cooperation.

(8) PROHIBITION ON NEGOTIATION WITH FOREIGN GOVERNMENTS.—Except as authorized by the President, the Corporation shall not have the authority to negotiate or enter into any agreements with a foreign government on behalf of the United States.

Absolutely, but what has to be realize is that 'access' to citizens abroad might be more viable than one might imagine.  It would be interesting for Americans to have access to their nearest embassy if they chose that as a means of their own security.  Something to consider.  I don't believe embassies fall under the sovereign authority of other nations actually.  Ask Cuba, they'll tell you that if they could control the 'signage' of the US Embassy they would.  Seeking public safety aboard is an interesting topic for the State Department in relation to this Corporation as well.  Maybe in the future.

(a) Provision of Initial Funding to the Corporation.—

(1) IN GENERAL.—Prior to the commencement of incentive auctions to be carried out under section 309(j)
(8)(F) of the Communications Act of 1934 or the auction of spectrum pursuant to section 273 of this subtitle, the is hereby appropriated $50,000,000 for reasonable administrative expenses and other costs associated with the establishment of the Corporation, and that may be transferred as needed to the Corporation for expenses before the commencement of incentive auction: Provided, That funding shall expire on September 30, 2014.

That's getting off cheap.

The NTIA is the .  It is under the Department of Commerce.

TITLE 47 > CHAPTER 5 > SUBCHAPTER III > Part I > § 309

§ 309. APPLICATION FOR LICENSE (click here)

(j) Use of competitive bidding
(8) Treatment of revenues
The online source does not have (F).  It has not been published online yet.

(3) NTIA APPROVAL.—If the NTIA determines that such funding is necessary for the Corporation to carry out its duties and responsibilities under this Title and that Corporation has submitted a plan, then the NTIA shall notify the appropriate committees of Congress 30 days before each transfer of funds takes place.

The Corporation does have access through Commerce and the NTIA.  However, I would expect that access to apply to more than simply funding.  If they have to access the legislature it could be through this mechanism as well.


(a) In General.—The Corporation shall have the authority to assess and collect the following fees:

I would think this would be minimally possible.



(a) Audit.—

(1) IN GENERAL.—The financial transactions of the Corporation for any fiscal year during which Federal funds are available to finance any portion of its operations shall be audited by the Comptroller General of the United States in accordance with the principles and procedures applicable to commercial corporate transactions and under such rules and regulations as may be prescribed by the Comptroller General.

(2) LOCATION.—Any audit conducted under paragraph (1) shall be conducted at the place or places where accounts of the Corporation are normally kept.

Audit is a necessity and not a luxury, however, the capacity of the Comptroller General has to be realized and not just assigned.  Without capacity to actually have brain power in the way of personnel there is little reason to list an audit as being a responsible tool for oversight.  The input from the Comptroller General as to the employee hours involved should be ascertained by the Board.

(b) Report.—

(1) IN GENERAL.—The Comptroller General of the United States shall submit a report of each audit conducted under subsection (a) to—

(A) the appropriate committees of Congress;

(B) the President; and

(C) the Corporation.

I sincerely believe there needs to be a public notification as well and preferably published.  The Federal Register seems like a responsible place to do that.  It doesn't have to be the entire audit, it does have to be that the audit was submitted to the above bodies of government.  Then through the committees the results could be known as is reasonable to allow public access.

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