S. 19 — what changed
Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless Act
From Reported in Senate to Engrossed in Senate. 19 sections amended and 1 removed between Reported in Senate and Engrossed in Senate.
Sec. 3 Making 500 megahertz available
Requirements—
In general— Consistent with the Presidential Memorandum of June 28, 2010, entitled “Unleashing the Wireless Broadband Revolution” and establishing a goal of making a total of 500 megahertz of Federal and non-Federal spectrum available on a licensed or unlicensed basis for wireless broadband use by 2020, not later than December 31, 2020, the Secretary, working through the NTIA, and the Commission shall make available a total of at least 255 megahertz of Federal and non-Federal spectrum below the frequency of 6000 megahertz for mobile and fixed wireless broadband use.
Unlicensed and licensed use— Of the spectrum made available under paragraph (1), not less than—
100 megahertz shall be made available on an unlicensed basis; and
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100 megahertz shall be made available on an exclusive, licensed basis for commercial mobile use, pursuant to the Commission's authority to implement such licensing in a flexible manner, and subject to potential continued use of such spectrum by incumbent Federal entities in designated geographic areas indefinitely or for such length of time as is necessary stipulated in transition plans approved by the Technical Panel under section 113(h) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(h)) for those incumbent entities to be relocated to other alternate spectrum.
Non-eligible spectrum— For purposes of satisfying the requirement under paragraph (1), the following spectrum shall not be counted:
The frequencies between 1695 and 1710 megahertz.
The frequencies between 1755 and 1780 megahertz.
The frequencies between 2155 and 2180 megahertz.
The frequencies between 3550 and 3700 megahertz.
Spectrum that the Commission determines had more than de minimis mobile or fixed wireless broadband operations within the band on the day before the date of enactment of this Act.
Relocation prioritized over sharing— This section shall be carried out in accordance with section 113(j) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(j)).
Considerations— In making spectrum available under this section, the Secretary and Commission shall consider—
the need to preserve critical existing and planned Federal Government capabilities;
the impact on existing State, local, and tribal government capabilities;
the international implications;
the need for appropriate enforcement mechanisms and authorities; and
the importance of the deployment of wireless broadband services in rural areas of the United States.
Rules of construction— Nothing in this section shall be construed—
to impair or otherwise affect the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals;
to require the disclosure of classified information, law enforcement sensitive information, or other information that must be protected in the interest of national security; or
to affect any requirement under section 156 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 note), as added by section 1062(a) of the National Defense Authorization Act for Fiscal Year 2000, or any other relevant statutory requirement applicable to the reallocation of Federal spectrum.
Sec. 5 3 gigahertz spectrum
Between 3100 megahertz and 3550 megahertz— Not later than 18 months after the date of enactment of this Act, and in consultation with the Commission and the head of each affected Federal agency (or a designee thereof), the Secretary shall submit to the Commission and the appropriate committees of Congress a report evaluating the feasibility of allowing commercial wireless services, licensed or unlicensed, to share use of the frequencies between 3100 megahertz and 3550 megahertz.
Between 3700 megahertz and 4200 megahertz— Not later than 18 months after the date of enactment of this Act, after notice and an opportunity for public comment, and in consultation with the Secretary and the head of each affected Federal agency (or a designee thereof), the Commission shall submit to the Secretary and the appropriate committees of Congress a report evaluating the feasibility of allowing commercial wireless services, licensed or unlicensed, to share use of the frequencies between 3700 megahertz and 4200 megahertz.
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Requirements— A report under subsection (a) or subsection (b) shall include the following:
An assessment of the operations of Federal entities that operate Federal Government stations authorized to use the frequencies described in that subsection.
An assessment of the possible impacts of such sharing on Federal and non-Federal users already operating on the frequencies described in that subsection.
The criteria that may be necessary to ensure shared licensed or unlicensed services would not cause harmful interference to Federal or non-Federal users already operating in the frequencies described in that subsection.
If such sharing is feasible, an identification of which of the frequencies described in that subsection are most suitable for sharing with commercial wireless services through the assignment of new licenses by competitive bidding, for sharing with unlicensed operations, or through a combination of licensing and unlicensed operations.
Commission action— The Commission, in consultation with the NTIA, shall seek public comment on the reports required under subsections (a) and (b), including regarding the bands identified in such reports as feasible pursuant to subsection (c)(4).
Sec. 6 Communications facilities deployment on Federal property
added
In general— Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) is amended by striking subsections (b), (c), and (d) and inserting the following:
added “(b) Federal easements, rights-of-Way, and leases
added “(1) Grant—If an executive agency, a State, a political subdivision or agency of a State, or a person, firm, or organization applies for the grant of an easement, right-of-way, or lease to, in, over, or on a building or other property owned by the Federal Government for the right to install, construct, modify, or maintain a communications facility installation, the executive agency having control of the building or other property may grant to the applicant, on behalf of the Federal Government, subject to paragraph (5), an easement, right-of-way, or lease to perform such installation, construction, modification, or maintenance.
added “(2) Application
added “(A) In general—The Administrator of General Services shall develop a common form for applications for easements, rights-of-way, and leases under paragraph (1) for all executive agencies that, except as provided in subparagraph (B), shall be used by all executive agencies and applicants with respect to the buildings or other property of each such agency.
added “(B) Exception—The requirement under subparagraph (A) for an executive agency to use the common form developed by the Administrator of General Services shall not apply to an executive agency if the head of an executive agency notifies the Administrator that the executive agency uses a substantially similar application.
added “(3) Fee
added “(A) In general—Notwithstanding any other provision of law, the Administrator of General Services shall establish a fee for the grant of an easement, right-of-way, or lease pursuant to paragraph (1) that is based on direct cost recovery.
added “(B) Exceptions—The Administrator of General Services may establish exceptions to the fee amount required under subparagraph (A)—
added “(i) in consideration of the public benefit provided by a grant of an easement, right-of-way, or lease; and
added “(ii) in the interest of expanding wireless and broadband coverage.
added “(4) Use of fees collected—Any fee amounts collected by an executive agency pursuant to paragraph (3) may be made available, as provided in appropriations Acts, to such agency to cover the costs of granting the easement, right-of-way, or lease.
added “(5) Timely consideration of applications
added “(A) In general—Not later than 270 days after the date on which an executive agency receives a duly filed application for an easement, right-of-way, or lease under this subsection, the executive agency shall—
added “(i) grant or deny, on behalf of the Federal Government, the application; and
added “(ii) notify the applicant of the grant or denial.
added “(B) Explanation of denial—If an executive agency denies an application under subparagraph (A), the executive agency shall notify the applicant in writing, including a clear statement of the reasons for the denial.
added “(C) Applicability of environmental laws—Nothing in this paragraph shall be construed to relieve an executive agency of the requirements of division A of subtitle III of title 54, United States Code, or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
added “(D) Point of contact—Upon receiving an application under subparagraph (A), an executive agency shall designate one or more appropriate individuals within the executive agency to act as a point of contact with the applicant.
added “(c) Master contracts for communications facility installation sitings
added “(1) In general—Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104–104; 110 Stat. 151) or any other provision of law, the Administrator of General Services shall—
added “(A) develop one or more master contracts that shall govern the placement of communications facility installations on buildings and other property owned by the Federal Government; and
added “(B) in developing the master contract or contracts, standardize the treatment of the placement of communications facility installations on building rooftops or facades, the placement of communications facility installations on rooftops or inside buildings, the technology used in connection with communications facility installations placed on Federal buildings and other property, and any other key issues the Administrator of General Services considers appropriate.
added “(2) Applicability—The master contract or contracts developed by the Administrator of General Services under paragraph (1) shall apply to all publicly accessible buildings and other property owned by the Federal Government, unless the Administrator of General Services decides that issues with respect to the siting of a communications facility installation on a specific building or other property warrant nonstandard treatment of such building or other property.
added “(3) Application
added “(A) In general—The Administrator of General Services shall develop a common form or set of forms for communications facility installation siting applications that, except as provided in subparagraph (B), shall be used by all executive agencies and applicants with respect to the buildings and other property of each such agency.
added “(B) Exception—The requirement under subparagraph (A) for an executive agency to use the common form or set of forms developed by the Administrator of General Services shall not apply to an executive agency if the head of the executive agency notifies the Administrator that the executive agency uses a substantially similar application.
added “(d) Definitions—In this section:
added “(1) Communications facility installation—The term communications facility installation includes—
added “(A) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and
added “(B) any antenna or apparatus that—
added “(i) is designed for the purpose of emitting radio frequency;
added “(ii) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Commission or is using duly authorized devices that do not require individual licenses; and
added “(iii) is added to a tower, building, or other structure.
added “(2) Executive agency—The term executive agency has the meaning given such term in section 102 of title 40, United States Code.”
added
Savings provision— An application for an easement, right-of-way, or lease that was made or granted under section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) before the date of enactment of this Act shall continue, subject to that section as in effect on the day before such date of enactment.
added
Streamlining broadband facility applications—
added
Definition of communications facility installation— In this subsection, the term communications facility installation has the meaning given the term in section 6409(d) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(d)), as amended by subsection (a).
added
Recommendations—
added
In general— Not later than 2 years after the date of enactment of this Act, the NTIA, in coordination with the Department of the Interior, the Department of Agriculture, the Department of Defense, the Department of Transportation, OMB, and the General Services Administration, shall develop recommendations to streamline the process for considering applications by those agencies under section 6409(b) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(b)), as amended by subsection (a).
added
Requirements for recommendations— The recommendations developed under subparagraph (A) shall include—
added
procedures for the tracking of applications described in subparagraph (A);
added
methods by which to reduce the amount of time between the receipt of an application and the issuance of a final decision on an application;
added
policies to expedite renewals of an easement, license, or other authorization to locate communications facility installations on land managed by the agencies described in subparagraph (A); and
added
policies that would prioritize or streamline a permit for construction in a previously-disturbed right-of-way.
added
Report to Congress— Not later than 2 years after the date on which the recommendations required under subparagraph (A) are developed, the NTIA shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes—
added
the status of the implementation of the recommendations developed under subparagraph (A); and
added
any improvements to the process for considering applications described in subparagraph (A) that have resulted from those recommendations, including in particular the speed at which such applications are reviewed and a final determination is issued.
removed
Not later than December 31, 2017, the Commission shall take action in its Program Alternatives for Small Wireless Communications Facility Deployments proceeding (WT Docket 15–180).
Sec. 7 Broadband infrastructure deployment
changed
In general—Finding regarding Federal and State departments of transportation— Section 6409 Congress finds that it is the policy of the Middle Class Tax Relief and Job Creation Act United States for the Department of 2012 (47 U.S.C. 1455) is amended by striking subsections (b), (c), and (d) Transportation and inserting the following:State departments of transportation—
added
to adjust or otherwise develop right-of-way policies for Federal-aid highways to effectively accommodate broadband infrastructure;
added
to allow for the safe and efficient accommodation of broadband infrastructure in the public right-of-way; and
added
to the extent applicable, to coordinate with other statewide telecommunication and broadband plans when developing a statewide transportation improvement program.
removed
“(b) Federal easements, rights-of-Way, and leases
removed
“(1) Grant—If an executive agency, a State, a political subdivision or agency of a State, or a person, firm, or organization applies for the grant of an easement, right-of-way, or lease to, in, over, or on a building or other property owned by the Federal Government for the right to install, construct, modify, or maintain a communications facility installation, the executive agency having control of the building or other property may grant to the applicant, on behalf of the Federal Government, subject to paragraph (5), an easement, right-of-way, or lease to perform such installation, construction, modification, or maintenance.
removed
“(2) Application
removed
“(A) In general—The Administrator of General Services shall develop a common form for applications for easements, rights-of-way, and leases under paragraph (1) for all executive agencies that, except as provided in subparagraph (B), shall be used by all executive agencies and applicants with respect to the buildings or other property of each such agency.
removed
“(B) Exception—The requirement under subparagraph (A) for an executive agency to use the common form developed by the Administrator of General Services shall not apply to an executive agency if the head of an executive agency notifies the Administrator that the executive agency uses a substantially similar application.
removed
“(3) Fee
removed
“(A) In general—Notwithstanding any other provision of law, the Administrator of General Services shall establish a fee for the grant of an easement, right-of-way, or lease pursuant to paragraph (1) that is based on direct cost recovery.
removed
“(B) Exceptions—The Administrator of General Services may establish exceptions to the fee amount required under subparagraph (A)—
removed
“(i) in consideration of the public benefit provided by a grant of an easement, right-of-way, or lease; and
removed
“(ii) in the interest of expanding wireless and broadband coverage.
removed
“(4) Use of fees collected—Any fee amounts collected by an executive agency pursuant to paragraph (3) may be made available, as provided in appropriations Acts, to such agency to cover the costs of granting the easement, right-of-way, or lease.
removed
“(5) Timely consideration of applications
removed
“(A) In general—Not later than 270 days after the date on which an executive agency receives a duly filed application for an easement, right-of-way, or lease under this subsection, the executive agency shall—
removed
“(i) grant or deny, on behalf of the Federal Government, the application; and
removed
“(ii) notify the applicant of the grant or denial.
removed
“(B) Explanation of denial—If an executive agency denies an application under subparagraph (A), the executive agency shall notify the applicant in writing, including a clear statement of the reasons for the denial.
removed
“(C) Applicability of environmental laws—Nothing in this paragraph shall be construed to relieve an executive agency of the requirements of division A of subtitle III of title 54, United States Code, or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
removed
“(D) Point of contact—Upon receiving an application under subparagraph (A), an executive agency shall designate one or more appropriate individuals within the executive agency to act as a point of contact with the applicant.
removed
“(c) Master contracts for communications facility installation sitings
removed
“(1) In general—Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104–104; 110 Stat. 151) or any other provision of law, the Administrator of General Services shall—
removed
“(A) develop one or more master contracts that shall govern the placement of communications facility installation on buildings and other property owned by the Federal Government; and
removed
“(B) in developing the master contract or contracts, standardize the treatment of the placement of communications facility installation on building rooftops or facades, the placement of communications facility installation on rooftops or inside buildings, the technology used in connection with communications facility installation placed on Federal buildings and other property, and any other key issues the Administrator of General Services considers appropriate.
removed
“(2) Applicability—The master contract or contracts developed by the Administrator of General Services under paragraph (1) shall apply to all publicly accessible buildings and other property owned by the Federal Government, unless the Administrator of General Services decides that issues with respect to the siting of a communications facility installation on a specific building or other property warrant nonstandard treatment of such building or other property.
removed
“(3) Application
removed
“(A) In general—The Administrator of General Services shall develop a common form or set of forms for communications facility installation siting applications that, except as provided in subparagraph (B), shall be used by all executive agencies and applicants with respect to the buildings and other property of each such agency.
removed
“(B) Exception—The requirement under subparagraph (A) for an executive agency to use the common form or set of forms developed by the Administrator of General Services shall not apply to an executive agency if the head of the executive agency notifies the Administrator that the executive agency uses a substantially similar application.
removed
“(d) Definitions—In this section:
removed
“(1) Communications facility installation—The term communications facility installation includes—
removed
“(A) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and
removed
“(B) any antenna or apparatus that—
removed
“(i) is designed for the purpose of emitting radio frequency;
removed
“(ii) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Commission or is using duly authorized devices that do not require individual licenses; and
removed
“(iii) is added to a tower, building, or other structure.
removed
“(2) Executive agency—The term executive agency has the meaning given such term in section 102 of title 40, United States Code.”
changed
Savings provision—Definitions— An application for an easement, right-of-way, or lease that was made or granted under section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) before the effective date of In this Act shall continue, subject to that section as in effect on the day before such effective date.section:
added
Appropriate state agency— The term appropriate State agency means a State governmental agency that is recognized by the executive branch of the State as having the experience necessary to evaluate and carry out projects relating to the proper and effective installation and operation of broadband infrastructure.
added
Broadband infrastructure— The term broadband infrastructure means any buried, underground, or aerial facility, and any wireless or wireline connection, that enables users to send and receive voice, video, data, graphics, or any combination thereof.
added
Broadband infrastructure entity— The term broadband infrastructure entity means any entity that—
added
installs, owns, or operates broadband infrastructure; and
added
provides broadband services in a manner consistent with the public interest, convenience, and necessity, as determined by the State.
added
State— The term State means—
added
a State;
added
the District of Columbia; and
added
the Commonwealth of Puerto Rico.
added
Broadband infrastructure deployment— To facilitate the installation of broadband infrastructure and achieve the policy described in subsection (a), the Secretary of Transportation shall ensure that each State that receives funds under chapter 1 of title 23, United States Code, meets the following requirements:
added
Broadband consultation— The State department of transportation, in consultation with appropriate State agencies, shall—
removed
Streamlining broadband facility applications—
removed
Definition of communications facility installation— In this subsection, the term communications facility installation has the meaning given the term in section 6409(d) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(d)), as amended by subsection (a).
removed
Recommendations—
removed
In general— Not later than 2 years after the date of enactment of this Act, the NTIA, in coordination with the Department of the Interior, the Department of Agriculture, the Department of Defense, the Department of Transportation, the Office of Management and Budget, and the General Services Administration, shall develop recommendations to streamline the process for considering applications by those agencies under section 6409(b) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(b)), as amended by subsection (a).
changed
Requirements for recommendations— The recommendations developed under subparagraph (A) shall include—identify a broadband utility coordinator, that may have additional responsibilities, whether in the State department of transportation or in another State agency, that is responsible for facilitating the broadband infrastructure right-of-way efforts within the State;
removed
procedures for the tracking of applications described in subparagraph (A);
removed
methods by which to reduce the amount of time between the receipt of an application and the issuance of a final decision on an application; and
removed
policies to expedite renewals of an easement, license, or other authorization to locate a communications facility installation on land managed by the agencies described in subparagraph (A).
changed
Report to Congress— Not later than 2 years after the date on which the recommendations required under subparagraph (A) are developed, the NTIA shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of establish a process for the House registration of Representatives a report broadband infrastructure entities that describes—seek to be included in those broadband infrastructure right-of-way facilitation efforts within the State;
added
establish a process to electronically notify broadband infrastructure entities identified under subparagraph (B) of the State transportation improvement program on an annual basis and provide additional notifications as necessary to achieve the goals of this section; and
added
coordinate initiatives carried out under this section with other statewide telecommunication and broadband plans and State and local transportation and land use plans, including strategies to minimize repeated excavations that involve the installation of broadband infrastructure in a right-of-way.
added
Priority— If a State chooses to provide for the installation of broadband infrastructure in the right-of-way of an applicable Federal-aid highway project under this subsection, the State department of transportation shall carry out any appropriate measures to ensure that any existing broadband infrastructure entities are not disadvantaged, as compared to other broadband infrastructure entities, with respect to the program under this subsection.
added
Effect of section— This section applies only to activities for which obligations or expenditures are initially approved on or after the date of enactment of this Act. Nothing in this section establishes a mandate or requirement that a State install broadband infrastructure in a highway right-of-way.
removed
the status of the implementation of the recommendations developed under subparagraph (A); and
removed
any improvements to the process for considering applications described in subparagraph (A) that have resulted from those recommendations, including in particular the speed at which such applications are reviewed and a final determination is issued.
Sec. 8 National broadband facilities asset database
removed
United States policy— It is the policy of the United States for the Department of Transportation and State departments of transportation—
removed
to adjust or otherwise develop right-of-way policies for Federal-aid highways to effectively accommodate broadband infrastructure;
removed
to ensure the safe and efficient accommodation of broadband infrastructure in the public right-of-way;
removed
to include broadband stakeholders in the transportation planning process; and
removed
to coordinate highway construction plans with other statewide telecommunications and broadband plans.
renumbered
was (3)
Definitions— In this section:
added
Communications facility installation— The term communications facility installation includes—
added
any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and
added
any antenna or apparatus that—
added
is designed for the purpose of emitting radio frequency;
added
is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Commission or is using duly authorized devices that do not require individual licenses; and
added
is added to a tower, building, or other structure.
added
Covered property— The term covered property—
added
means any real property capable of supporting a communications facility installation; and
added
includes any interest in real property described in subparagraph (A).
added
Database— The term database means the database established under subsection (b).
added
Executive agency— The term Executive agency has the meaning given the term in section 105 of title 5, United States Code.
added
Database established— Not later than June 30, 2018, the Director of the Office of Science and Technology Policy, in consultation with the Chairman of the Commission, Assistant Secretary of Commerce for Communications and Information, Under Secretary of Commerce for Standards and Technology, Administrator of General Services, and Director of OMB, shall—
changed
Appropriate State agency— The term appropriate State agency means establish and operate a State governmental agency single database of any covered property that is recognized owned, leased, or otherwise managed by the executive branch of the State as having the experience necessary to evaluate and carry out projects relating to the proper and effective installation and operation of broadband infrastructure.an Executive agency;
changed
Broadband infrastructure— The term broadband infrastructure means any buried or aerial facility, and any wireless or wireline connection, that enables users to send and receive voice, video, data, graphics, or any combination thereof.make the database available to—
added
any entity that—
added
constructs or operates communications facility installations; or
added
provides communications service; and
added
any other entity that the Director of the Office of Science and Technology Policy determines is appropriate; and
changed
Broadband infrastructure entity— The term broadband infrastructure entity means any entity that—establish a process for withholding data from the database for national security, public safety, or other national strategic concerns in accordance with existing statutory authority and Executive order mandates with respect to handling and protection of such information.
added
Public comment—
added
In general— Not later than 30 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall seek public comment to inform the establishment and operation of the database.
removed
installs, owns, or operates broadband infrastructure; and
removed
provides broadband services to the public in a manner consistent with the public interest, convenience, and necessity, as determined by the State.
removed
State— The term State means—
removed
a State;
removed
the District of Columbia; and
removed
the Commonwealth of Puerto Rico.
removed
Broadband infrastructure deployment— To facilitate the installation of broadband infrastructure and achieve the policy described in subsection (a), the Secretary of Transportation shall ensure that each State that receives funds under chapter 1 of title 23, United States Code, meets the following requirements:
changed
Broadband coordination—Contents— The State department of transportation, in coordination with appropriate State agencies, shall—In seeking public comment under paragraph (1), the Director shall include a request for recommendations on—
changed
identify a broadband utility coordinator, that may have additional responsibilities, whether in the State department of transportation or in another State agency, and criteria that is responsible for coordinating the broadband infrastructure right-of-way needs make real property capable of the State with Federal-aid highway projects carried out in the State;supporting communications facility installations;
changed
establish a process for the registration types of broadband infrastructure entities that seek information related to covered property that should be included in those broadband infrastructure right-of-way coordination efforts within the State;database;
changed
coordinate initiatives carried out under this section with other statewide telecommunication and broadband plans and State and local transportation an interface by which accessibility to the database for all users will be appropriately efficient and land use plans; secure; and
changed
develop strategies other information the Director determines necessary to minimize repeated excavations that involve establish and operate the installation of broadband infrastructure in a right-of-way.database.
added
Federal agencies—
added
Initial provision of information— Not later than 90 days after the date on which the database is established under subsection (b), the head of an Executive agency shall provide to the Director of the Office of Science and Technology Policy, in a manner and format to be determined by the Director, such information as the Director determines appropriate with respect to covered property owned, leased, or otherwise managed by the Executive agency.
added
Change to information previously provided— In the case of any change to information provided to the Director of the Office of Science and Technology Policy by the head of an Executive agency under paragraph (1), the head of the Executive agency shall provide updated information to the Director not later than 30 days after the date of the change.
added
Subsequently acquired property— If an Executive agency acquires covered property after the date on which the database is established under subsection (b), the head of the Executive agency shall provide to the Director of the Office of Science and Technology Policy the information required under paragraph (1) with respect to the covered property not later than 30 days after the date of the acquisition.
added
State and local governments—
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In general— The Director of the Office of Science and Technology Policy (referred to in this subsection as the Director) shall make the database available to State and local governments so that such governments may provide to the Director for inclusion in the database similar information to the information required under subsection (d)(1) regarding covered property owned, leased, or otherwise managed by such governments.
added
Report on incentivizing participation by State and local governments—
added
In general— Not later than 1 year after the date of enactment of this Act, the Director, in consultation with the Chairman of the Commission, the Assistant Secretary of Commerce for Communications and Information, the Under Secretary of Commerce for Standards and Technology, the Administrator of General Services, and the Director of OMB, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on potential ways to incentivize State and local governments to provide to the Director for inclusion in the database similar information to the information required under subsection (d)(1) regarding covered property owned, leased, or otherwise managed by such governments pursuant to paragraph (1) of this subsection or through other means.
added
Considerations— The Director, in preparing the report under subparagraph (A), shall—
added
consult with State and local governments, or their representatives, to identify for inclusion in the report the most cost-effective options for State and local governments to collect and provide the information described in subparagraph (A), including utilizing and leveraging State broadband initiatives and programs; and
added
make recommendations on ways the Federal Government can assist State and local governments in collecting and providing the information described in subparagraph (A).
added
Report update— Not later than 2 years after the date on which the database is established under this section, the Director shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives an update to the report required under subparagraph (A) that identifies State and local governments that have contributed to the database and recommends ways to further incentivize participation by State and local governments pursuant to paragraph (1) of this subsection or through other means.
added
Database updates—
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Timely inclusion— After the establishment of the database, the Director of the Office of Science and Technology Policy shall ensure that information provided under subsection (d) or (e) is included in the database not later than 7 days after the date on which the Director receives the information.
added
Date of addition or update— Information in the database relating to covered property shall include the date on which the information was added or most recently updated.
added
Report— Not later than 180 days after the date the Director of the Office of Science and Technology Policy seeks public comment under subsection (c)(1), the Director shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the progress in establishing the database under this section. The Director shall update the report annually until the date that the database is fully operational. After the database is fully operational and for the next 5 years thereafter, the Director shall provide annual reports regarding the use of the database, recommendations of how the database may provide additional utility to the entities described in subsection (b)(2), if any recommendations are warranted, and how previous recommendations have been implemented.
removed
Priority— If a State chooses to provide for the installation of broadband infrastructure in the right-of-way of an applicable Federal-aid highway under this subsection in a given case, the State department of transportation shall carry out any appropriate measures to ensure that any existing broadband infrastructure entities are not disadvantaged, as compared to other broadband infrastructure entities, with respect to the program under this subsection.
removed
Effect of section— This section applies only to activities for which obligations or expenditures are initially approved on or after the date of enactment of this Act. Nothing in this section establishes a mandate or requirement, or authorizes the Secretary to establish a mandate or requirement, that a State install broadband infrastructure in a highway right-of-way.
Sec. 9 Reallocation incentives
changed
Definitions—In general— In Not later than 18 months after the date of enactment of this section:Act, the Secretary, in consultation with the Commission, the Director of OMB, and the head of each affected Federal agency (or a designee thereof), after notice and an opportunity for public comment, shall submit to the appropriate committees of Congress a report that includes legislative or regulatory recommendations to incentivize a Federal entity to relinquish, or share with Federal or non-Federal users, Federal spectrum for the purpose of allowing commercial wireless broadband services to operate on that Federal spectrum.
added
Post-Auction payments—
added
Report— In preparing the report under subsection (a), the Secretary shall—
added
consider whether permitting eligible Federal entities that are implementing a transition plan submitted under section 113(h) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(h)) to accept payments could result in access to the eligible frequencies that are being reallocated for exclusive non-Federal use or shared use sooner than would otherwise occur without such payments; and
added
include the findings under subparagraph (A), including the analysis under paragraph (2) and any recommendations for legislation, in the report.
removed
Communications facility installation— The term communications facility installation includes—
removed
any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and
removed
any antenna or apparatus that—
removed
is designed for the purpose of emitting radio frequency;
removed
is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal Communications Commission or is using duly authorized devices that do not require individual licenses; and
removed
is added to a tower, building, or other structure.
removed
Covered property— The term covered property—
removed
means any real property capable of supporting a communications facility installation; and
removed
includes any interest in real property described in subparagraph (A).
removed
Database— The term database means the database established under subsection (b).
removed
Executive agency— The term Executive agency has the meaning given the term in section 105 of title 5, United States Code.
removed
Database established— Not later than June 30, 2018, the Director of the Office of Science and Technology Policy, in consultation with the Chairman of the Commission, Assistant Secretary of Commerce for Communications and Information, Under Secretary of Commerce for Standards and Technology, Administrator of General Services, and Director of OMB, shall—
changed
Analysis— establish and operate a single database of any covered property that is owned, leased, or otherwise managed by In considering payments under paragraph (1)(A), the Secretary shall conduct an Executive agency;analysis of whether and how such payments would affect—
added
bidding in auctions conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) of such eligible frequencies; and
added
receipts collected from the auctions described in subparagraph (A).
changed
Definitions— make the database available to—In this subsection:
removed
any entity that—
removed
constructs or operates communications facility installations; or
removed
provides communications service; and
changed
Payment— The term payment means a payment in cash or in-kind by any other entity that auction winner, or any person affiliated with an auction winner, of eligible frequencies during the Director period after eligible frequencies have been reallocated by competitive bidding under section 309(j) of the Office Communications Act of Science and Technology Policy determines is appropriate; and1934 (47 U.S.C. 309(j)) but prior to the completion of relocation or sharing transition of such eligible frequencies per transition plans approved by the Technical Panel.
added
Eligible frequencies— The term eligible frequencies has the meaning given the term in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(2)).
removed
establish a process for withholding data from the database for national security, public safety, or other national strategic concerns in accordance with existing statutory authority and Executive order mandates with respect to handling and protection of such information.
removed
Public comment—
removed
In general— Not later than 30 days after the date of enactment of the MOBILE NOW Act, the Director of the Office of Science and Technology Policy shall seek public comment to inform the establishment and operation of the database.
removed
Contents— In seeking public comment under paragraph (1), the Director shall include a request for recommendations on—
removed
criteria that make real property capable of supporting communications facility installations;
removed
types of information related to covered property that should be included in the database;
removed
an interface by which accessibility to the database for all users will be appropriately efficient and secure; and
removed
other information the Director determines necessary to establish and operate the database.
removed
Federal agencies—
removed
Initial provision of information— Not later than 90 days after the date on which the database is established under subsection (b), the head of an Executive agency shall provide to the Director of the Office of Science and Technology Policy, in a manner and format to be determined by the Director, such information as the Director determines appropriate with respect to covered property owned, leased, or otherwise managed by the Executive agency.
removed
Change to information previously provided— In the case of any change to information provided to the Director of the Office of Science and Technology Policy by the head of an Executive agency under paragraph (1), the head of the Executive agency shall provide updated information to the Director not later than 30 days after the date of the change.
removed
Subsequently acquired property— If an Executive agency acquires covered property after the date on which the database is established under subsection (b), the head of the Executive agency shall provide to the Director of the Office of Science and Technology Policy the information required under paragraph (1) with respect to the covered property not later than 30 days after the date of the acquisition.
removed
State and local governments—
removed
In general— The Director of the Office of Science and Technology Policy (referred to in this subsection as the Director) shall make the database available to State and local governments so that such governments may provide to the Director for inclusion in the database similar information to the information required under subsection (d)(1) regarding covered property owned, leased, or otherwise managed by such governments.
removed
Report on incentivizing participation by State and local governments—
removed
In general— Not later than 1 year after the date of enactment of this Act, the Director, in consultation with the Chairman of the Commission, the Assistant Secretary of Commerce for Communications and Information, the Under Secretary of Commerce for Standards and Technology, the Administrator of General Services, and the Director of OMB, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on potential ways to incentivize State and local governments to provide to the Director for inclusion in the database similar information to the information required under subsection (d)(1) regarding covered property owned, leased, or otherwise managed by such governments pursuant to paragraph (1) of this subsection or through other means.
removed
Considerations— The Director, in preparing the report under subparagraph (A), shall—
removed
consult with State and local governments, or their representatives, to identify for inclusion in the report the most cost-effective options for State and local governments to collect and provide the information described in subparagraph (A), including utilizing and leveraging State broadband initiatives and programs; and
removed
make recommendations on ways the Federal Government can assist State and local governments in collecting and providing the information described in subparagraph (A).
removed
Report update— Not later than 2 years after the date on which the database is established under this section, the Director shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives an update to the report required under subparagraph (A) that identifies State and local governments that have contributed to the database and recommends ways to further incentivize participation by State and local governments pursuant to paragraph (1) of this subsection or through other means.
removed
Database updates—
removed
Timely inclusion— After the establishment of the database, the Director of the Office of Science and Technology Policy shall ensure that information provided under subsection (d) or subsection (e) is included in the database not later than 7 days after the date on which the Director receives the information.
removed
Date of addition or update— Information in the database relating to covered property shall include the date on which the information was added or most recently updated.
removed
Report— Not later than 180 days after the date the Director of the Office of Science and Technology Policy seeks public comment under subsection (c)(1), the Director shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the progress in establishing the database under this section. The Director shall update the report annually until the date that the database is fully operational. After the database is fully operational and for the next 5 years thereafter, the Director shall provide annual reports regarding the use of the database, recommendations of how the database may provide additional utility to the entities described in subsection (b)(2), if any recommendations are warranted, and how previous recommendations have been implemented.
Sec. 10 Bidirectional sharing study
changed
In general— Not later than 18 months 1 year after the date of enactment of this Act, the Secretary, in consultation with the Commission, the Director of OMB, and the head of each affected Federal agency (or a designee thereof), after notice and including an opportunity for public comment, shall submit to the appropriate committees of Congress a report that includes legislative or regulatory recommendations to incentivize a Federal entity to relinquish, or share Commission, in collaboration with Federal or non-Federal users, Federal spectrum for the purpose of allowing commercial wireless broadband services to operate on that Federal spectrum.NTIA, shall—
added
conduct a bidirectional sharing study to determine the best means of providing Federal entities flexible access to non-Federal spectrum on a shared basis across a range of short-, mid-, and long-range timeframes, including for intermittent purposes like emergency use; and
added
submit to Congress a report on the study under paragraph (1), including any recommendations for legislation or proposed regulations.
added
Considerations— In conducting the study under subsection (a), the Commission shall—
removed
Post-Auction payments—
removed
Report— In preparing the report under subsection (a), the Secretary shall—
removed
consider whether permitting eligible Federal entities that are implementing a transition plan submitted under section 113(h) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(h)) to accept payments could result in access to the eligible frequencies that are being reallocated for exclusive non-Federal use or shared use sooner than would otherwise occur without such payments; and
removed
include the findings under subparagraph (A), including the analysis under paragraph (2) and any recommendations for legislation, in the report.
changed
Analysis— In considering payments under paragraph (1)(A), consider the Secretary shall conduct an analysis of whether regulatory certainty that commercial spectrum users and how such payments would affect—Federal entities need to make longer-term investment decisions for shared access to be viable; and
removed
bidding in auctions conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) of such eligible frequencies; and
removed
receipts collected from the auctions described in subparagraph (A).
changed
Definitions— In this subsection:evaluate any barriers to voluntary commercial arrangements in which non-Federal users could provide access to Federal entities.
removed
Payment— The term payment means a payment in cash or in-kind by any auction winner, or any person affiliated with an auction winner, of eligible frequencies during the period after eligible frequencies have been reallocated by competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) but prior to the completion of relocation or sharing transition of such eligible frequencies per transition plans approved by the Technical Panel.
removed
Eligible frequencies— The term eligible frequencies has the meaning given the term in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(2)).
Sec. 11 Unlicensed services in guard bands
changed
In general— Not later than 1 year After public notice and comment, and in consultation with the Secretary and the head of each affected Federal agency (or a designee thereof), with respect to frequencies allocated for Federal use, the Commission shall adopt rules that permit unlicensed services where feasible to use any frequencies that are designated as guard bands to protect frequencies allocated after the date of enactment of this Act, including an opportunity for public comment, the Commission, in collaboration with Act by competitive bidding under section 309(j) of the NTIA, shall—Communications Act of 1934 (47 U.S.C. 309(j)), including spectrum that acts as a duplex gap between transmit and receive frequencies.
removed
conduct a bidirectional sharing study to determine the best means of providing Federal entities flexible access to non-Federal spectrum on a shared basis across a range of short-, mid-, and long-range timeframes, including for intermittent purposes like emergency use; and
removed
submit to Congress a report on the study under paragraph (1), including any recommendations for legislation or proposed regulations.
changed
Considerations—Limitation— In conducting the study The Commission may not permit any use of a guard band under subsection (a), this section that would cause harmful interference to a licensed service or a Federal service operating in the Commission shall—guard band or in an adjacent band.
added
Rule of construction— Nothing in this section shall be construed as limiting the Commission or the Secretary from otherwise making spectrum available for licensed or unlicensed use in any frequency band in addition to guard bands, including under section 3, consistent with their statutory jurisdictions.
removed
consider the regulatory certainty that commercial spectrum users and Federal entities need to make longer-term investment decisions for shared access to be viable; and
removed
evaluate any barriers to voluntary commercial arrangements in which non-Federal users could provide access to Federal entities.
Sec. 12 Pre-auction funding
added Section 118(d)(3)(B)(i)(II) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(d)(3)(B)(i)(II)) is amended by striking “5 years” and inserting “8 years”.
removed
In general— After public notice and comment, and in consultation with the Secretary and the head of each affected Federal agency (or a designee thereof), with respect to frequencies allocated for Federal use, the Commission shall adopt rules that permit unlicensed services where feasible to use any frequencies that are designated as guard bands to protect frequencies allocated after the date of enactment of this Act by competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), including spectrum that acts as a duplex gap between transmit and receive frequencies.
removed
Limitation— The Commission may not permit any use of a guard band under this section that would cause harmful interference to a licensed service or a Federal service operating in the guard band or in an adjacent band.
removed
Rule of construction— Nothing in this section shall be construed as limiting the Commission or the Secretary from otherwise making spectrum available for licensed or unlicensed use in any frequency band in addition to guard bands, including under section 3, consistent with their statutory jurisdictions.
Sec. 13 Immediate transfer of funds
changed
Section 118(d)(3)(B)(i)(II) 118(e)(1) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(d)(3)(B)(i)(II)) 928(e)(1)) is amended by striking “5 years” and inserting “8 years”.adding at the end the following:
added “(D) At the request of an eligible Federal entity, the Director of the Office of Management and Budget (in this subsection referred to as OMB) may transfer the amount under subparagraph (A) immediately—
added “(i) after the frequencies are reallocated by competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)); or
added “(ii) in the case of an incumbent Federal entity that is incurring relocation or sharing costs to accommodate sharing spectrum frequencies with another Federal entity, after the frequencies from which the other eligible Federal entity is relocating are reallocated by competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), without regard to the availability of such sums in the Fund.
added “(E) Prior to the deposit of proceeds into the Fund from an auction, the Director of OMB may borrow from the Treasury the amount under subparagraph (A) for a transfer under subparagraph (D). The Treasury shall immediately be reimbursed, without interest, from funds deposited into the Fund.”
Sec. 14 Amendments to the Spectrum Pipeline Act of 2015
changed
Section 118(e)(1) 1008 of the National Telecommunications and Information Administration Organization Spectrum Pipeline Act (47 U.S.C. 928(e)(1)) of 2015 (Public Law 114–74; 129 Stat. 584) is amended by adding at the end in the following:matter preceding paragraph (1) by inserting “, after notice and an opportunity for public comment,” after “the Commission”.
removed
“(D) At the request of an eligible Federal entity, the Director of OMB may transfer the amount under subparagraph (A) immediately—
removed
“(i) after the frequencies are reallocated by competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)); or
removed
“(ii) in the case of an incumbent Federal entity that is incurring relocation or sharing costs to accommodate sharing spectrum frequencies with another Federal entity, after the frequencies from which the other eligible Federal entity is relocating are reallocated by competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), without regard to the availability of such sums in the Fund.
removed
“(E) Prior to the deposit of proceeds into the Fund from an auction, the Director of OMB may borrow from the Treasury the amount under subparagraph (A) for a transfer under subparagraph (D). The Treasury shall immediately be reimbursed, without interest, from funds deposited into the Fund.”
Sec. 15 GAO assessment of unlicensed spectrum and Wi-Fi use in low-income neighborhoods
added
Study—
added
In general— The Comptroller General of the United States shall conduct a study to evaluate the availability of broadband Internet access using unlicensed spectrum and wireless networks in low-income neighborhoods.
added
Requirements— In conducting the study under paragraph (1), the Comptroller General shall consider and evaluate—
added
the availability of wireless Internet hot spots and access to unlicensed spectrum in low-income neighborhoods, particularly for elementary and secondary school-aged children in such neighborhoods;
added
any barriers preventing or limiting the deployment and use of wireless networks in low-income neighborhoods;
added
how to overcome any barriers described in subparagraph (B), including through incentives, policies, or requirements that would increase the availability of unlicensed spectrum and related technologies in low-income neighborhoods; and
added
how to encourage home broadband adoption by households with elementary and secondary school-age children that are in low-income neighborhoods.
added
Report— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that—
added
summarizes the findings of the study conducted under subsection (a); and
added
makes recommendations with respect to potential incentives, policies, and requirements that could help achieve the goals described in subparagraphs (C) and (D) of subsection (a)(2).
removed
Section 1008 of the Spectrum Pipeline Act of 2015 (Public Law 114–74; 129 Stat. 584) is amended in the matter preceding paragraph (1) by inserting “, after notice and an opportunity for public comment,” after “the Commission”.
Sec. 16 Rulemaking related to partitioning or disaggregating licenses
added
Definitions— In this section—
removed
Study—
removed
In general— The Comptroller General of the United States shall conduct a study to evaluate the availability of broadband Internet access using unlicensed spectrum and wireless networks in low-income neighborhoods.
changed
Requirements—Covered small carrier— In conducting the study under paragraph (1), The term covered small carrier means a carrier (as defined in section 3 of the Comptroller General shall consider and evaluate—Communications Act of 1934 (47 U.S.C. 153)) that—
changed
the availability has not more than 1,500 employees (as determined under section 121.106 of wireless Internet hot spots and access to unlicensed spectrum in low-income neighborhoods, particularly for elementary and secondary school-aged children in such neighborhoods;title 13, Code of Federal Regulations, or any successor thereto); and
changed
any barriers preventing or limiting offers services using the deployment and use facilities of wireless networks in low-income neighborhoods;the carrier.
added
Rural area— The term rural area means any area other than—
added
a city, town, or incorporated area that has a population of more than 20,000 inhabitants; or
added
an urbanized area contiguous and adjacent to a city or town that has a population of more than 50,000 inhabitants.
added
Rulemaking—
added
In general— Not later than 1 year after the date of enactment of this Act, the Commission shall initiate a rulemaking proceeding to assess whether to establish a program, or modify existing programs, under which a licensee that receives a license for the exclusive use of spectrum in a specific geographic area under section 301 of the Communications Act of 1934 (47 U.S.C. 301) may partition or disaggregate the license by sale or long-term lease—
added
in order to—
added
provide services consistent with the license; and
added
make unused spectrum available to—
added
an unaffiliated covered small carrier; or
added
an unaffiliated carrier to serve a rural area; and
added
if the Commission finds that such a program would promote—
added
the availability of advanced telecommunications services in rural areas; or
added
spectrum availability for covered small carriers.
removed
how to overcome any barriers described in subparagraph (B), including through incentives, policies, or requirements that would increase the availability of unlicensed spectrum and related technologies in low-income neighborhoods; and
removed
how to encourage home broadband adoption by households with elementary and secondary school-age children that are in low-income neighborhoods.
removed
Report— Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that—
changed
Considerations— summarizes In conducting the findings of rulemaking proceeding under paragraph (1), the study conducted Commission shall consider, with respect to the program proposed to be established under subsection (a); andthat paragraph—
added
whether reduced performance requirements with respect to spectrum obtained through the program would facilitate deployment of advanced telecommunications services in the areas covered by the program;
added
what conditions may be needed on transfers of spectrum under the program to allow covered small carriers that obtain spectrum under the program to build out the spectrum in a reasonable period of time;
added
what incentives may be appropriate to encourage licensees to lease or sell spectrum, including—
added
extending the term of a license granted under section 301 of the Communications Act of 1934 (47 U.S.C. 301); or
added
modifying performance requirements of the license relating to the leased or sold spectrum; and
added
the administrative feasibility of—
added
the incentives described in subparagraph (C); and
added
other incentives considered by the Commission that further the goals of this section.
changed
Forfeiture of spectrum— makes recommendations with respect If a party fails to potential incentives, policies, and meet any build out requirements set by the Commission for any spectrum sold or leased under this section, the right to the spectrum shall be forfeited to the Commission unless the Commission finds that could help achieve there is good cause for the goals described in subparagraphs (C) and (D) failure of subsection (a)(2).the party.
added
Requirement— The Commission may offer a licensee incentives or reduced performance requirements under this section only if the Commission finds that doing so would likely result in increased availability of advanced telecommunications services in a rural area.
Sec. 17 Unlicensed spectrum policy
changed
Definitions—Statement of policy— In this section—It is the policy of the United States—
changed
Covered small carrier— The term covered small carrier means a carrier (as defined in section 3 to maximize the benefit to the people of the Communications Act United States of 1934 (47 U.S.C. 153)) that—the spectrum resources of the United States;
removed
has not more than 1,500 employees (as determined under section 121.106 of title 13, Code of Federal Regulations, or any successor thereto); and
removed
offers services using the facilities of the carrier.
changed
Rural area— The term rural area means any area other than—to advance innovation and investment in wireless broadband services; and
added
to promote spectrum policy that makes available on an unlicensed basis radio frequency bands sufficient to meet consumer demand for unlicensed wireless broadband operations.
added
Commission responsibilities— The Commission shall ensure that the efforts of the Commission related to spectrum allocation and assignment make available on an unlicensed basis radio frequency bands sufficient to meet demand for unlicensed wireless broadband operations if doing so is, after taking into account the future needs of other spectrum users—
removed
a city, town, or incorporated area that has a population of more than 20,000 inhabitants; or
removed
an urbanized area contiguous and adjacent to a city or town that has a population of more than 50,000 inhabitants.
removed
Rulemaking—
removed
In general— Not later than 1 year after the date of enactment of this Act, the Commission shall initiate a rulemaking proceeding to assess whether to establish a program, or modify existing programs, under which a licensee that receives a license for the exclusive use of spectrum in a specific geographic area under section 301 of the Communications Act of 1934 (47 U.S.C. 301) may partition or disaggregate the license by sale or long-term lease—
removed
in order to—
removed
provide services consistent with the license; and
removed
make unused spectrum available to—
removed
an unaffiliated covered small carrier; or
removed
an unaffiliated carrier to serve a rural area; and
removed
if the Commission finds that such a program would promote—
removed
the availability of advanced telecommunications services in rural areas; or
removed
spectrum availability for covered small carriers.
changed
Considerations— In conducting the rulemaking proceeding under paragraph (1), the Commission shall consider, with respect to the program proposed to be established under that paragraph—reasonable; and
removed
whether reduced performance requirements with respect to spectrum obtained through the program would facilitate deployment of advanced telecommunications services in the areas covered by the program;
removed
what conditions may be needed on transfers of spectrum under the program to allow covered small carriers that obtain spectrum under the program to build out the spectrum in a reasonable period of time;
removed
what incentives may be appropriate to encourage licensees to lease or sell spectrum, including—
removed
extending the term of a license granted under section 301 of the Communications Act of 1934 (47 U.S.C. 301); or
removed
modifying performance requirements of the license relating to the leased or sold spectrum; and
removed
the administrative feasibility of—
removed
the incentives described in subparagraph (C); and
removed
other incentives considered by the Commission that further the goals of this section.
changed
Forfeiture of spectrum— If a party fails to meet any build out requirements set by the Commission for any spectrum sold or leased under this section, the right to the spectrum shall be forfeited to the Commission unless the Commission finds that there is good cause for the failure of in the party.public interest.
added
Commission action— Not later than 18 months after the date of enactment of this Act, the Commission shall take action to implement subsection (b).
removed
Requirement— The Commission may offer a licensee incentives or reduced performance requirements under this section only if the Commission finds that doing so would likely result in increased availability of advanced telecommunications services in a rural area.
Sec. 18 National plan for unlicensed spectrum
changed
Statement of policy—Definitions— It is the policy of the United States—In this section:
changed
Spectrum Relocation Fund— to maximize the benefit to the people of the United States of The term Spectrum Relocation Fund means the spectrum resources Fund established under section 118 of the United States;National Telecommunications and Information Administration Organization Act (47 U.S.C. 928).
changed
Unlicensed operations— to advance innovation and investment in wireless broadband services; andThe term unlicensed operations means the use of spectrum on a non-exclusive basis under—
added
part 15 of title 47, Code of Federal Regulations; or
added
licensing by rule under part 96 of title 47, Code of Federal Regulations.
removed
to promote spectrum policy that makes available on an unlicensed basis radio frequency bands sufficient to meet consumer demand for unlicensed wireless broadband operations.
changed
Commission responsibilities—National plan— The Commission shall ensure that Not later than 1 year after the efforts date of enactment of this Act, the Commission related to spectrum allocation and assignment make available on an unlicensed basis Commission, in consultation with the NTIA, shall develop a national plan for making additional radio frequency bands sufficient to meet demand available for unlicensed wireless broadband operations if doing so is, after taking into account the future needs of other spectrum users—operations.
removed
reasonable; and
removed
in the public interest.
changed
Commission action—Requirements— Not later than 18 months after the date of enactment of The plan developed under this Act, the Commission shall take action to implement subsection (b).section shall—
added
identify an approach that ensures that consumers have access to additional spectrum to conduct unlicensed operations in a range of radio frequencies to meet consumer demand;
added
recommend specific actions by the Commission and the NTIA to permit unlicensed operations in additional radio frequency ranges that the Commission finds—
added
are consistent with the statement of policy under section 18(a);
added
will—
added
expand opportunities for unlicensed operations in a spectrum band; or
added
otherwise improve spectrum utilization and intensity of use of bands where unlicensed operations are already permitted;
added
will not cause harmful interference to Federal or non-Federal users of such bands; and
added
will not significantly impact homeland security or national security communications systems; and
added
examine additional ways, with respect to existing and planned databases or spectrum access systems designed to promote spectrum sharing and access to spectrum for unlicensed operations—
added
to improve accuracy and efficacy;
added
to reduce burdens on consumers, manufacturers, and service providers; and
added
to protect sensitive Government information.
added
Spectrum relocation fund— To be included as part of the plan developed under this section, the NTIA shall share with the Commission recommendations about how to reform the Spectrum Relocation Fund—
added
to address costs incurred by Federal entities related to sharing radio frequency bands with radio technologies conducting unlicensed operations; and
added
to ensure the Spectrum Relocation Fund has sufficient funds to cover—
added
the costs described in paragraph (1); and
added
other expenditures allowed of the Spectrum Relocation Fund under section 118 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928).
added
Report required—
added
In general— Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report that describes the plan developed under this section, including any recommendations for legislative change.
added
Publication on Commission website— Not later than the date on which the Commission submits the report under paragraph (1), the Commission shall make the report publicly available on the website of the Commission.
Sec. 19 Spectrum challenge prize
changed
Definitions—Short title— In this section:This section may be cited as the “Spectrum Challenge Prize Act”.
removed
Spectrum Relocation Fund— The term Spectrum Relocation Fund means the Fund established under section 118 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928).
removed
Unlicensed operations— The term unlicensed operations means the use of spectrum on a non-exclusive basis under—
removed
part 15 of title 47, Code of Federal Regulations; or
removed
licensing by rule under part 96 of title 47, Code of Federal Regulations.
changed
National plan—Definition of prize competition— Not later than 1 year after the date of enactment of In this Act, the Commission, in consultation with section, the NTIA, shall develop term prize competition means a national plan for making additional radio frequency bands available for unlicensed operations.prize competition conducted by the Secretary under subsection (c)(1).
added
Spectrum challenge prize—
added
In general— The Secretary, in consultation with the Assistant Secretary of Commerce for Communications and Information and the Under Secretary of Commerce for Standards and Technology, shall, subject to the availability of funds for prize competitions under this section—
added
conduct prize competitions to dramatically accelerate the development and commercialization of technology that improves spectrum efficiency and is capable of cost-effective deployment; and
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define a measurable set of performance goals for participants in the prize competitions to demonstrate their solutions on a level playing field while making a significant advancement over the current state of the art.
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Requirements— The plan developed under this section shall—
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Authority of Secretary— identify an approach that ensures that consumers have access to additional spectrum to conduct unlicensed operations in a range of radio frequencies to meet consumer demand;In carrying out paragraph (1), the Secretary may—
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enter into a grant, contract, cooperative agreement, or other agreement with a private sector for-profit or nonprofit entity to administer the prize competitions;
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invite the Defense Advanced Research Projects Agency, the Commission, the National Aeronautics and Space Administration, the National Science Foundation, or any other Federal agency to provide advice and assistance in the design or administration of the prize competitions; and
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award not more than $5,000,000, in the aggregate, to the winner or winners of the prize competitions.
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recommend specific actions by the Commission and the NTIA to permit unlicensed operations in additional radio frequency ranges that the Commission finds—
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are consistent with the statement of policy under section 18(a);
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will—
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expand opportunities for unlicensed operations in a spectrum band; or
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otherwise improve spectrum utilization and intensity of use of bands where unlicensed operations are already permitted;
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will not cause harmful interference to Federal or non-Federal users of such bands; and
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will not significantly impact homeland security or national security communications systems; and
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examine additional ways, with respect to existing and planned databases or spectrum access systems designed to promote spectrum sharing and access to spectrum for unlicensed operations—
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to improve accuracy and efficacy;
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to reduce burdens on consumers, manufacturers, and service providers; and
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to protect sensitive Government information.
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Spectrum relocation fund—Criteria— To be included as part of Not later than 180 days after the plan developed under date on which funds for prize competitions are made available pursuant to this section, the NTIA Commission shall share with publish a technical paper on spectrum efficiency providing criteria that may be used for the Commission recommendations about how to reform design of the Spectrum Relocation Fund—prize competitions.
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Authorization of appropriations— There are authorized to be appropriated such sums as may be necessary to carry out this section.
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to address costs incurred by Federal entities related to sharing radio frequency bands with radio technologies conducting unlicensed operations; and
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to ensure the Spectrum Relocation Fund has sufficient funds to cover—
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the costs described in paragraph (1); and
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other expenditures allowed of the Spectrum Relocation Fund under section 118 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928).
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Report required—
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In general— Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report that describes the plan developed under this section, including any recommendations for legislative change.
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Publication on Commission website— Not later than the date on which the Commission submits the report under paragraph (1), the Commission shall make the report publicly available on the website of the Commission.
Sec. 20 Wireless telecommunications tax and fee collection fairness
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Findings—Short title— Congress finds This section may be cited as the following:“Wireless Telecommunications Tax and Fee Collection Fairness Act”.
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The future competitiveness and global technology leadership of the United States depend, in part, upon the availability and efficient use of spectrum.
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Dramatic improvement in spectrum efficiency would spur innovation, investment, and economic growth.
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Radio frequency spectrum is vital for emergency communications, national security, law enforcement, aviation, maritime safety, space communications, and numerous other Federal functions.
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Prize competitions can spur innovation in the private and public sectors.
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Definition of prize competition—Definitions— In this section, the term prize competition means a prize competition conducted by the Secretary under subsection (c)(1).section:
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Financial transaction— The term financial transaction means a transaction in which the purchaser or user of a wireless telecommunications service upon whom a tax, fee, or surcharge is imposed gives cash, credit, or any other exchange of monetary value or consideration to the person who is required to collect or remit the tax, fee, or surcharge.
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Local jurisdiction— The term local jurisdiction means a political subdivision of a State.
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State— The term State means any of the several States, the District of Columbia, and any territory or possession of the United States.
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State or local jurisdiction— The term State or local jurisdiction includes any governmental entity or person acting on behalf of a State or local jurisdiction that has the authority to assess, impose, levy, or collect taxes or fees.
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Wireless telecommunications service— The term wireless telecommunications service means a commercial mobile radio service, as defined in section 20.3 of title 47, Code of Federal Regulations, or any successor thereto.
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Spectrum challenge prize—Financial transaction requirement—
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In general— The Secretary, in consultation A State, or a local jurisdiction of a State, may not require a person to collect from, or remit on behalf of, any other person a State or local tax, fee, or surcharge imposed on a purchaser or user with respect to the Assistant Secretary purchase or use of Commerce for Communications and Information and any wireless telecommunications service within the Under Secretary of Commerce for Standards and Technology, shall, subject to State unless the availability of funds for prize competitions under this section—collection or remittance is in connection with a financial transaction.
removed
conduct prize competitions to dramatically accelerate the development and commercialization of technology that improves spectrum efficiency and is capable of cost-effective deployment; and
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define a measurable set of performance goals for participants in the prize competitions to demonstrate their solutions on a level playing field while making a significant advancement over the current state of the art.
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Authority Rule of Secretary—construction— In carrying out paragraph (1), Nothing in this subsection shall be construed to affect the Secretary may—right of a State or local jurisdiction to require the collection of any tax, fee, or surcharge in connection with a financial transaction.
added
Enforcement—
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Private right of action— Any person aggrieved by a violation of subsection (c) may bring a civil action in an appropriate district court of the United States for equitable relief in accordance with paragraph (2) of this subsection.
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Jurisdiction of district courts— Notwithstanding section 1341 of title 28, United States Code, or the constitution or laws of any State, the district courts of the United States shall have jurisdiction, without regard to the amount in controversy or citizenship of the parties, to grant such mandatory or prohibitive injunctive relief, interim equitable relief, and declaratory judgments as may be necessary to prevent, restrain, or terminate any acts in violation of subsection (c).
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enter into a grant, contract, cooperative agreement, or other agreement with a private sector for-profit or nonprofit entity to administer the prize competitions;
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invite the Defense Advanced Research Projects Agency, the Commission, the National Aeronautics and Space Administration, the National Science Foundation, or any other Federal agency to provide advice and assistance in the design or administration of the prize competitions; and
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award not more than $5,000,000, in the aggregate, to the winner or winners of the prize competitions.
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Criteria— Not later than 180 days after the date on which funds for prize competitions are made available pursuant to this section, the Commission shall publish a technical paper on spectrum efficiency providing criteria that may be used for the design of the prize competitions.
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Authorization of appropriations— There are authorized to be appropriated such sums as may be necessary to carry out this section.
Sec. 21 Rules of construction
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Short title—Ranges of frequencies— This section may Each range of frequencies described in this Act shall be cited as construed to be inclusive of the “Wireless Telecommunications Tax upper and Fee Collection Fairness Act”.lower frequencies in the range.
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Findings—Assessment of electromagnetic spectrum reallocation— Congress makes Nothing in this Act shall be construed to affect any requirement under section 156 of the following findings:National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 note), as added by section 1062(a) of the National Defense Authorization Act for Fiscal Year 2000.
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A State may designate an in-State or out-of-State person as a collection agent for the State and impose upon the person a duty to collect certain taxes and fees for wireless telecommunications services from residents of the State.
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States have the sovereign right to tax their citizens, subject to the Constitution of the United States and Federal law. States do not have the right to tax interstate commerce or to impose taxes or other obligations on citizens of other States without limitation.
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A collection agent for a State may feasibly collect taxes and fees from a customer in connection with a financial transaction to which the agent and customer are parties.
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Congress can help ensure against unreasonable burdens on interstate commerce by prohibiting each State from imposing a duty on any person to serve as a collection agent for the State unless the collection is in connection with a financial transaction.
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Definitions— In this section:
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Financial transaction— The term financial transaction means a transaction in which the purchaser or user of a wireless telecommunications service upon whom a tax, fee, or surcharge is imposed gives cash, credit, or any other exchange of monetary value or consideration to the person who is required to collect or remit the tax, fee, or surcharge.
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Local jurisdiction— The term local jurisdiction means a political subdivision of a State.
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State— The term State means any of the several States, the District of Columbia, and any territory or possession of the United States.
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State or local jurisdiction— The term State or local jurisdiction includes any governmental entity or person acting on behalf of a State or local jurisdiction that has the authority to assess, impose, levy, or collect taxes or fees.
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Wireless telecommunications service— The term wireless telecommunications service means a commercial mobile radio service, as defined in section 20.3 of title 47, Code of Federal Regulations, or any successor thereto.
removed
Financial transaction requirement—
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In general— A State, or a local jurisdiction of a State, may not require a person to collect from, or remit on behalf of, any other person a State or local tax, fee, or surcharge imposed on a purchaser or user with respect to the purchase or use of any wireless telecommunications service within the State unless the collection or remittance is in connection with a financial transaction between—
removed
the person that the State or local jurisdiction requires to collect or remit the tax, fee, or surcharge; and
removed
the purchaser or user of the wireless telecommunications service.
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Rule of construction— Nothing in this subsection shall be construed to affect the right of a State or local jurisdiction to require the collection of any tax, fee, or surcharge in connection with a financial transaction.
removed
Enforcement—
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Private right of action— Any person aggrieved by a violation of subsection (d) may bring a civil action in an appropriate district court of the United States for equitable relief in accordance with paragraph (2) of this subsection.
removed
Jurisdiction of district courts— Notwithstanding section 1341 of title 28, United States Code, or the constitution or laws of any State, the district courts of the United States shall have jurisdiction, without regard to the amount in controversy or citizenship of the parties, to grant such mandatory or prohibitive injunctive relief, interim equitable relief, and declaratory judgments as may be necessary to prevent, restrain, or terminate any acts in violation of subsection (d).
Sec. 22 Relationship to Middle Class Tax Relief and Job Creation Act of 2012
added Nothing in this Act shall be construed to limit, restrict, or circumvent in any way the implementation of the nationwide public safety broadband network defined in section 6001 of title VI of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401) or any rules implementing that network under title VI of that Act (47 U.S.C. 1401 et seq.).
removed
Ranges of frequencies— Each range of frequencies described in this Act shall be construed to be inclusive of the upper and lower frequencies in the range.
removed
Assessment of electromagnetic spectrum reallocation— Nothing in this Act shall be construed to affect any requirement under section 156 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 note), as added by section 1062(a) of the National Defense Authorization Act for Fiscal Year 2000.
Sec. 23 Relationship to Middle Class Tax Relief and Job Creation Act of 2012
removed
removed
Nothing in this Act shall be construed to limit, restrict, or circumvent in any way the implementation of the nationwide public safety broadband network defined in section 6001 of title VI of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401) or any rules implementing that network under title VI of that Act (47 U.S.C. 1401 et seq.).