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GOP REPORT ENCOURAGES DHS TO BE ACTIVE IN SPECTRUM ALLOCATION

Improvement in spectrum allocation process was key point in moderate Republican report on Dept. of Homeland Security (DHS) released Tues. Republican Main St. Partnership report, which makes recommendations for first 100 days of DHS, said Dept. should be given “place at the table” during spectrum negotiations.

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Report said DHS should have role similar to that of Defense Dept. (DoD), FBI, law enforcement and NASA during such discussions. “As a newly formed entity -- albeit one comprised chiefly of long-established subordinate agencies -- the new Department of Homeland Security will need to make establishing its ‘place at the table’ for these negotiations a high, early priority,” report said.

Communications is crucial part of homeland security mission, said House Telecom Subcommittee Chmn. Upton (R- Mich.), and spectrum issues will need to be addressed early. Report said DHS “will also need to review and establish a clear picture of the frequency spectrum needs of the Department, its subordinate agencies, and the state and local agencies with which it must operate and be in a position to make an effective case for those requirements. The stakes in this negotiation could hardly be higher, since so much of the effectiveness of our homeland security response depends on communications.”

Upton said he would re-introduce legislation early in next Congress to help free up spectrum that could be needed for homeland security. Bill introduced this year (HR-5638) would have created reallocation fund for govt. entities, which Upton said could convince some agencies, particularly DoD, to give up spectrum “if things work out right.” Fund would be created through spectrum auctions. Upton acknowledged that govt. agencies still might not give up spectrum voluntarily. However, he said presence of fund might make them “much more willing to look at where they don’t need spectrum.”

Upton said Congress might have to act to free spectrum because of slow transition to DTV. Public safety was reserved 24 MHz of spectrum from analog broadcast band, which can’t be claimed until broadcasters move to digital band. Upton said spectrum bill would be “an early priority” and House Commerce Chmn. Tauzin (R-La.) co-sponsored legislation.

Upton said he met with Office of Management & Budget staff, including Dir. Mitch Daniels, to discuss interoperability funding. He said funding to states and localities for interoperable communications systems had disappeared from appropriations process and he would push to have funding in federal budget.

Report said single national architecture for voice, data and imagery sharing should be developed for use by federal, state and local authorities to aid information sharing and should include secure videoconferencing. DHS should access existing data sharing programs within govt., academia and private industry, identifying areas for improvement within federal govt. and between it and state and local levels, with particular focus on shortcomings and needs in emergence situations, report said.

Civil liberty protections also are crucial, report said. Draft Executive Order should be proposed to protect privacy and civil liberties, it said, and DHS should establish regular program of communicating with public about privacy concerns. Rep. Shays (R-Conn.) said DHS would have to develop guidelines on how it coordinated flows of data. He said DHS would have to answer questions: (1) Is it coordinator of other agencies’ data? (2) Is it keeper of data? (3) Is it incubator for new identification and data mining technologies? “There has to be a clear commitment to the privacy people hold dear,” Shays said.