During any disastrous event, it is our nation’s first responders who answer the call of duty and rush into harm’s way, putting their lives on the line. In order for first responders to do their job, they must be able to communicate with one another, not just fire, police, and EMS within one jurisdiction, but also among local, state, and federal jurisdictions.

Our efforts of the last decade to provide first responders with the vital capability to communicate interoperably are finally coming to fruition.  In 1997, Congress directed 24 megahertz of spectrum in the Upper 700 megahertz band to be allocated to public safety.  However, that spectrum has been occupied by broadcasters, and will be, until the transition to digital television is complete.

On Feb. 8, 2006, President Bush signed legislation into law that set a date certain for the transition to digital television, paving the way for broadcasters to clear spectrum for interoperable public safety communications. I was especially pleased that the new law included my amendment creating a $1 billion federal grant program, paid for by spectrum auction sales to the private sector, which will soon provide public safety much-needed resources to improve interoperability.

We have witnessed many painful events since 1997 that highlighted the critical need for interoperable communications.  On the fateful morning of September 11th, 2001, New York police officers were able to hear the radio warnings from a helicopter that the North Tower of the World Trade Center was glowing red, and most of the police officers exited the building safely — while dozens of firefighters, who could not hear these warnings, tragically perished when the tower collapsed.  The radio communications system used by the police was not compatible with the system used by the fire department; consequently, no warnings could be heard and many lives were lost.

Hurricane Katrina also made us acutely aware that we still had much work to do on behalf of our first responders. Coast Guard helicopters plucking survivors from police boats in flooded New Orleans could not communicate with the emergency officials in the rescue boats that were literally just feet below.

We have endured some horrible lessons during 9/11 and Hurricane Katrina as crisis communications during both of these tragic events failed.  But we have made great progress, and soon public safety will have access to the 24 megahertz of spectrum they were promised and so desperately deserve.

While the upcoming spectrum auction later this year will provide tremendous benefits for public safety, there are some folks who envision the auction as the proverbial pot of gold at the end of the rainbow. It seems that with each day we get closer to the spectrum auction, more and more third parties introduce new proposals “on behalf” of public safety.  It greatly concerns me that some would put profit ahead of the best interests of public safety.

Proposals have been made to combine the first responder network with a commercial broadband network. Some of these proposals place restrictions on the auction that have nothing to do with public safety concerns. I am especially skeptical of proposals that rig the auction for particular parties.  It is imperative that we let the market decide for itself.

While certain proposals may claim to have good intentions by promising first responders preferred access in time of need, the better course is to separately let public safety representatives negotiate with the winners of this auction, or any other entity, for construction of a public safety network in exchange for user fees, the sharing of the public safety spectrum, or a combination of both.  Public safety officers should be free to negotiate.  We must work to ensure that all strings and conditions are removed. It’s not clear why the government should be hardwiring particular business models into the auction rules at the outset.

The 9/11 Commission identified interoperability as a critical national priority. I am pleased that our first responders and public safety officials throughout the country will soon have additional spectrum to communicate with each other in times of emergency — as they should.

Upton is a member of the House Energy and Commerce Committee.

SPECIAL SECTION: COMMUNICATIONS