With support from major public safety organizations, Reps. Curt Weldon (R-Pa.) and Jane Harman (D-Calif.) reintroduced the Homeland Emergency Response Operations Act on April 14.

The HERO Act (H.R. 1646) will improve interoperable communications for first responders by setting a firm deadline for freeing badly needed broadcast frequencies for public safety radio communications.

“Enabling our first responders to have the radio spectrum they need to talk to one another is vitally important,” said Weldon. “If an attack occurred in Los Angeles or Philadelphia, first responders converging on the scene from dozens of state, local and federal agencies would need interoperable communications and instant information about everything going on at the incident.”

Harman noted the spectrum currently used becomes too crowded during emergencies. “On 9/11, we learned the hard way that our first responders are in dire need of improved communications,” said Harman. “It has been more than three and a half years since terrorists attacked our country, and we have yet to fix the problem of first responder communication.”

The solution to the problem has been pending since 1997, when Congress told the Federal Communications Commission to allocate 24MHz of spectrum from TV channels 60-69 for new and expanded public safety radio communications operations. The FCC did so, but the spectrum can't be used in most heavily populated areas until digital television broadcasters move off those channels. Previous legislation conditioned transfer of those channels when digital television is in 85% of American households, a very uncertain date. According to information from Weldon's office, present only about 2% of American households have digital television now.

The HERO Act:

• Sets a firm deadline of Jan. 1, 2007, for the FCC to provide public safety agencies sole access to the broadcast spectrum Congress set aside for them.
• Removes the digital television threshold requirement.

The bill is supported by the Congressional Fire Service Institute, the National Governors Association, the Council of State Governments, the Association of Public-Safety Communications Officials International Inc., the International City/County Management Association, the International Association of Chiefs of Police, the International Association of Fire Chiefs, the Major Cities Police Chiefs Association, the National Association of Counties, the National Emergency Management Association, the National League of Cities, the National Sheriffs' Association, and the Major County Sheriffs' Association.

In a unified position paper sent to Congress in March, the organizations asked Congress to act on their “urgent need” for a firm deadline for the digital television transition to clear the spectrum for public safety:

“Public safety agencies have been waiting since 1997 for this spectrum. FCC rules are in place, states have issued licenses, interoperability standards have been adopted and radio equipment already exists to operate in the new spectrum. However, without a firm date for the end of the DTV transition, and thus a firm date for the nationwide availability of new spectrum, most public safety agencies cannot begin detailed planning, purchasing and constructing new radio systems.”