Trade Law Daily is a service of Warren Communications News.

DoD SPENDING BILL ZEROES OUT FUNDS FOR WIRELESS PRIORITY ACCESS

House and Senate conferees approved $355.1-billion Defense Dept. spending bill last week that zeroed out funds sought by White House after Sept. 11 attacks for wireless priority access service (PAS) system. Several sources said Fri. that money appeared to have become entangled in jurisdictional skirmishes on Capitol Hill centered on whether funds should be part of military spending budget or homeland security package. Several sources said PAS language now was expected to show up elsewhere in federal budget, with strong expectation it would be in homeland security spending bill. PAS system offers wireless service to key govt., national security and first responder personnel in emergencies and was pushed strongly by Bush Administration following attacks.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

National Communications System (NCS) Deputy Mgr. Brenton Greene said decision to cut Bush’s $73 million request for program “cripples an urgently needed national capability.” NCS said last month that without full funding for fiscal 2003, program wouldn’t be able to offer more than initial capabilities that were part of pilot programs in Washington and N.Y.C. with VoiceStream, and zeroing funding would kill plans for initial national rollout of full-blown system that was to start next year. Greene said NCS was “disappointed” at congressional decision that he said would affect national security, emergency preparedness personnel, infrastructure operators and first responders who were to use PAS system. “Our nation has already invested well over $100 million in the wireless priority service program, positioning it on the brink of full operational capability,” Greene said. “Because of this cut, during an emergency, these personnel will now find it difficult to make vital decision-making wireless calls.”

“It’s just crazy not to fund this,” source said, characterizing cut in DoD budget as “one inning,” with next move expected to be inclusion in homeland security funding. Senate Appropriations Committee Chmn. Byrd (D-W.Va.), who was among conferees who reconciled House and Senate versions of DoD bill, had raised concerns that PAS should be funded in legislation that would create Homeland Security Dept., not military spending bill, source said. Program “unfortunately has become a football” in regard to where jurisdictional lines are being drawn, source said. PAS appears to have fairly high probability of still being part of homeland security package, source said. Spokesman for Byrd said Senator believes that matter is more policy than funding issue and that it should be included in military authorization bill, not appropriations bill. Spokesman for House Armed Services Committee said he couldn’t confirm if any details were added to authorization bill, adding Congress has been conferencing on legislation since late July.

Another source also characterized funding snag as “a turf thing” in disagreement on placement in DoD or homeland security spending. For months, govt. and industry officials acknowledged that PAS funding was uncertain in House and Senate versions of military appropriations bill.

“Wireless priority service was requested by the Administration and while the industry has pledged to work with the government to provide this capability, it is the Administration’s job to ensure adequate funding for their initiative,” CTIA spokesman said. “We hope they will. Wireless has proved it can be a vital tool in national emergencies.” CTIA had urged congressional appropriators to provide full $73 million funding, with CTIA Pres. Tom Wheeler writing to Byrd on issue July 25. NCS in April had awarded contract to VoiceStream Wireless, now T-Mobile USA, to provide priority access service in Washington and N.Y. metro areas, as planning continued for national rollout by end of 2003. NCS said last month it planned to use GSM wireless technology for initial national rollout, eyeing agreements with AT&T Wireless, Cingular, Nextel and T-Mobile for start of PAS deployment next year.

House on Thurs. passed House-Senate conference report for DoD appropriations bill for fiscal 2003, removing $73 million for wireless priority service without further explanation.