Sunday, October 16, 2011

SECTION 292. ANNUAL REPORT TO CONGRESS

(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?

SECTION 293. PROVISION OF TECHNICAL ASSISTANCE.


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.

SECTION 294. STATE AND LOCAL IMPLEMENTATION.


(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.


Indeed.


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.


SECTION 295. STATE AND LOCAL IMPLEMENTATION FUND.


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.

(d) BORROWING AUTHORITY.---


(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.

SECTION 296. PUBLIC SAFETY WIRELESS COMMUNICATIONS RESEARCH AND DEVELOPMENT.

(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....
SECTION 297. PUBLIC SAFETY TRUST FUND



(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”.


(2) CREDITING OF RECEIPTS.—


(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:


(1) PAYMENT OF AUCTION INCENTIVE.—


(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:
        `(F) TRANSFER OF CERTAIN AUCTION PROCEEDS FOR USE TO PROVIDE INTEROPERABLE DEVICES-
          `(i) ESTABLISHMENT OF TRUST FUND-
            `(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.

SECTION 298. FCC REPORT ON EFFICIENT USE OF PUBLIC SAFETY SPECTRUM.


(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.

SECTION 299. PUBLIC SAFETY ROAMING AND PRIORITY ACCESS.


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
108th CONGRESS

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.

IN THE SENATE OF THE UNITED STATES

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:


TITLE III – ASSISTANCE FOR THE UNEMPLOYED AND PATHWAYS BACK TO WORK


SUBTITLE A – SUPPORTING UNEMPLOYED WORKERS

PART I – EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION AND CERTAIN EXTENDED BENEFITS PROVISIONS, AND ESTABLISHMENT OF SELF-EMPLOYMENT ASSISTANCE PROGRAM


SEC. 311. EXTENSION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM

(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 

PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF
EMERGENCY UNEMPLOYMENT COMPENSATION (click here)

"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)



UNEMPLOYMENT COMPENSATION EXTENSION ACT OF 2010

SEC. 312. TEMPORARY EXTENSION OF EXTENDED BENEFIT PROVISIONS.


(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:

SEC. 313. REEMPLOYMENT SERVICES AND REEMPLOYMENT AND ELIGIBILITY ASSESSMENT ACTIVITIES.

Good night.