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The House Committee on Energy and Commerce
Subcommittee on Telecommunications and the Internet
June 11, 2003
11:00 AM
2322 Rayburn House Office Building
Chairman Upton, Ranking Member Markey and members of the Telecommunications
and the Internet Subcommittee, thank you for convening this hearing on the
spectrum needs of America's first responders.
Imagine if you can a scene of unimaginable chaos and confusion. Sirens wail,
buildings burn and collapse, parents become separated from their children,
office workers search for exits in the elevators and darkened stairways, where
police officers, firefighters and emergency response personnel frantically
attempt to communicate with each other and cannot.
On September 11, 2001, such a scenario came tragically to life. Hundreds of
New York City firefighters perished when police helicopters circling the World
Trade Center were unable to warn firefighters inside that the towers were
glowing and were dangerously close to collapse. They couldn't talk because the
firefighters and police officers were using non-compatible radio systems that
operated on different frequencies. Unaware of the impending disaster, at least
121 firefighters, many believed to be within striking distance of safety, died.
On the same day, just across the Potomac River from this hearing room,
hundreds of firefighters, police, military authorities and others who responded
to the attack on the Pentagon had to use runners to communicate with one
another.
Let's think about that for a moment: runners passing handwritten notes
between command centers. It sounds like something out of ancient Rome and is
totally unacceptable - even as it occurs with chilling frequency.
We witnessed it, for example, in 1995 in the immediate aftermath of the
Oklahoma City bombing of the Alfred P. Murrah Federal Building - and then again
in 1999 when more than 46 public safety agencies responded to the tragedy at
Columbine High School.
Lastly, I witnessed it in Los Angeles County when two police cars, one from
Torrance and another from the L.A. County Sheriff's Department, took 8 minutes
to connect by radio. The cars were parked next to each other.
The point of these anecdotes is the degree to which lives are at stake - the
lives of first responders and the lives of citizens. When first responders from
numerous jurisdictions and agencies converge on the scene of a disaster, they
cannot wait to organize their communications. They must be able to communicate
on the spot and in real time.
First responders need interoperable communications systems so that
firefighters can communicate with colleagues in neighboring jurisdictions, so
police officers can talk to each other and with firefighters, and all first
responders can instantly mesh their operations with state or federal authorities
on the scene. This involves prescient planning, inter-jurisdiction cooperation,
the right equipment and training - all of which can work if the sufficient
spectrum is provided.
Pending before this committee is a solution, the HERO Act, which fulfills the
promise Congress made back in 1997 to provide additional spectrum.
The 1997 Balanced Budget Act required the FCC to re-allocate 24 MHz of radio
spectrum for public safety - from a band that was scheduled to be vacated no
later than December 31, 2006 when the television stations on channels 60 - 69
converted to digital television. Unfortunately, the same law allows those
stations to continue using channels 60 - 69 indefinitely if more than 15% of
households are unable to receive digital television.
Because of the uncertainty surrounding the DTV transition, the practical
effect is to prevent state and local agencies from using those frequencies by a
time certain or being able to plan for their availability.
These needs have become even more acute in the post-September 11 environment.
Hardly a day goes by when we don't read about some new possible attack on our
homeland. Congress and the Administration have invested tremendous resources to
assist local first responders in preparing for bioterror, chemical attacks,
"dirty bombs" and numerous other dangers. But the resource we have yet
to provide is the frequency with which first responders can communicate and
coordinate a response. The consequences of our failure to provide this resource
could be exponentially greater than 9/11 - and this time we are alerted to the
problem. In the vernacular, this time the dots are connected.
The HERO Act is endorsed by a number of public safety and local government
organizations, including the International Association of Fire Chiefs (IAFC),
the International Association of Chiefs of Police (IACP), the Association of
Public-Safety Communications Officers (APCO), the National League of Cities, the
National Volunteer Fire Council and the International Union of Police
Associations, all of whose letters of endorsement are attached.
Mr. Chairman, by providing the frequencies Congress promised in 1997, we can
give our first responders the tools they need. I hope you will join me in
accomplishing this important task and favorably reporting the HERO Act.
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