[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3509 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3509
To provide for the creation of a public safety broadband network, to
ensure a more efficient and innovative allocation of the
electromagnetic spectrum, to permit the Federal Communications
Commission to conduct incentive auctions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 29, 2011
Mr. Waxman (for himself, Ms. Eshoo, Mr. Markey, Mr. Doyle, Ms. Matsui,
Mrs. Christensen, Mr. Pallone, Ms. DeGette, Mr. Engel, and Ms.
Schakowsky) introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
Science, Space, and Technology and Oversight and Government Reform, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide for the creation of a public safety broadband network, to
ensure a more efficient and innovative allocation of the
electromagnetic spectrum, to permit the Federal Communications
Commission to conduct incentive auctions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Wireless
Innovation and Public Safety Act of 2011''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Rule of construction.
Sec. 4. Enforcement.
TITLE I--ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY BROADBAND SPECTRUM
Sec. 101. Reallocation of 700 MHz D block spectrum for public safety
use.
Sec. 102. Assignment of license to Corporation.
Sec. 103. Ensuring efficient and flexible use of 700 MHz public safety
narrowband spectrum.
Sec. 104. Sharing of public safety broadband spectrum and network.
Sec. 105. Commission rules.
Sec. 106. FCC report on efficient use of public safety spectrum.
TITLE II--ADVANCED PUBLIC SAFETY COMMUNICATIONS
Subtitle A--Public Safety Broadband Network
Sec. 201. Establishment and operation of Public Safety Broadband
Corporation.
Sec. 202. Public safety broadband network.
Sec. 203. Program Management Office.
Sec. 204. Representation before standards setting entities.
Sec. 205. GAO report on satellite broadband.
Sec. 206. Access to Federal supply schedules.
Sec. 207. Federal infrastructure sharing.
Sec. 208. Initial funding for Corporation.
Sec. 209. Permanent self-funding of Corporation and duty to collect
certain fees.
Subtitle B--State, Local, and Tribal Planning and Implementation
Sec. 211. State, Local, and Tribal Planning and Implementation Fund.
Sec. 212. State, local, and tribal planning and implementation grant
program.
Sec. 213. Public safety wireless facilities deployment.
Subtitle C--Public Safety Communications Research and Development
Sec. 221. NIST-directed public safety wireless communications research
and development.
Subtitle D--Next Generation 9-1-1 Services
Sec. 231. Definitions.
Sec. 232. Coordination of 9-1-1 implementation.
Sec. 233. Requirements for multi-line telephone systems.
Sec. 234. GAO study of State and local use of 9-1-1 service charges.
Sec. 235. Parity of protection for provision or use of next generation
9-1-1 service.
Sec. 236. Commission proceeding on autodialing.
Sec. 237. NHTSA report on costs for requirements and specifications of
Next Generation 9-1-1 services.
Sec. 238. FCC recommendations for legal and statutory framework for
Next Generation 9-1-1 services.
TITLE III--SPECTRUM AUCTION AUTHORITY
Sec. 301. Deadlines for auction of certain spectrum.
Sec. 302. Incentive auction authority.
TITLE IV--PUBLIC SAFETY TRUST FUND
Sec. 401. Public Safety Trust Fund.
TITLE V--SPECTRUM POLICY
Sec. 501. Spectrum inventory.
Sec. 502. Federal spectrum planning.
Sec. 503. Reallocating Federal spectrum for commercial purposes and
Federal spectrum sharing.
Sec. 504. Study on spectrum efficiency through receiver standards.
Sec. 505. Study on unlicensed use in the 5 GHz band.
Sec. 506. Report on availability of wireless equipment for the 700 MHz
band.
SEC. 2. DEFINITIONS.
In this Act:
(1) 700 mhz d block spectrum.--The term ``700 MHz D block
spectrum'' means the portion of the electromagnetic spectrum
between the frequencies from 758 megahertz to 763 megahertz and
between the frequencies from 788 megahertz to 793 megahertz.
(2) Appropriate committees of congress.--Except as
otherwise specifically provided, the term ``appropriate
committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Energy and Commerce of the
House of Representatives.
(3) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(4) Commercial mobile data service.--The term ``commercial
mobile data service'' means any mobile service (as defined in
section 3 of the Communications Act of 1934 (47 U.S.C. 153))
that is--
(A) a data service, which may include mobile
broadband Internet access service and Internet
Protocol-based applications;
(B) provided for profit; and
(C) available to the public or to such classes of
eligible users as to be effectively available to the
public.
(5) Commercial mobile service.--The term ``commercial
mobile service'' has the meaning given such term in section
332(d)(1) of the Communications Act of 1934 (47 U.S.C.
332(d)(1)).
(6) Commercial standards.--The term ``commercial
standards'' means the technical standards followed by the
commercial mobile service and commercial mobile data service
industries for network, device, and Internet Protocol
connectivity. Such term includes standards developed by the
Third Generation Partnership Project (3GPP), the Institute of
Electrical and Electronics Engineers (IEEE), the Alliance for
Telecommunications Industry Solutions (ATIS), and the Internet
Engineering Task Force (IETF).
(7) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(8) Core network.--The term ``core network'' means the core
network described in section 202(b)(1).
(9) Federal entity.--The term ``Federal entity'' has the
meaning given such term in section 113(i) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(i)).
(10) Governor.--The term ``Governor'' means the Governor or
other chief executive officer of a State.
(11) Guard band spectrum.--The term ``guard band spectrum''
means the portion of the electromagnetic spectrum between the
frequencies from 768 megahertz to 769 megahertz and between the
frequencies from 798 megahertz to 799 megahertz.
(12) Indian tribe.--The term ``Indian tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(13) Narrowband spectrum.--The term ``narrowband spectrum''
means the portion of the electromagnetic spectrum between the
frequencies from 769 megahertz to 775 megahertz and between the
frequencies from 799 megahertz to 805 megahertz.
(14) NIST.--The term ``NIST'' means the National Institute
of Standards and Technology.
(15) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration.
(16) Program management office.--The term ``Program
Management Office'' means the office established under section
203(a).
(17) Public safety answering point.--The term ``public
safety answering point'' has the meaning given such term in
section 222 of the Communications Act of 1934 (47 U.S.C. 222).
(18) Public safety broadband network.--The term ``public
safety broadband network'' means the network described in
section 202.
(19) Public safety broadband corporation.--The term
``Public Safety Broadband Corporation'' or ``Corporation''
means the corporation established under section 201(a)(1).
(20) Public safety broadband spectrum.--The term ``public
safety broadband spectrum'' means--
(A) the portion of the electromagnetic spectrum
between the frequencies from 763 megahertz to 768
megahertz and between the frequencies from 793
megahertz to 798 megahertz; and
(B) the 700 MHz D block spectrum.
(21) Public safety communications research program.--The
term ``Public Safety Communications Research Program'' means
the program that is housed within the Department of Commerce
Labs in Boulder, Colorado, and that is a joint effort between
the Office of Law Enforcement Standards of NIST and the
Institute for Telecommunication Sciences of the NTIA.
(22) Public safety entity.--The term ``public safety
entity'' means an entity that provides public safety services.
(23) Public safety services.--The term ``public safety
services'' has the meaning given such term in section 337(f)(1)
of the Communications Act of 1934 (47 U.S.C. 337(f)(1)).
(24) Radio access network.--The term ``radio access
network'' means the radio access network described in section
202(b)(2).
(25) State.--The term ``State'' means any of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(26) State public safety broadband office.--The term
``State Public Safety Broadband Office'' means an office
established under section 212(d).
(27) Tribal.--The term ``tribal'' means, when used with
respect to any entity, that such entity is a tribal
organization (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b)).
SEC. 3. RULE OF CONSTRUCTION.
Each range of frequencies described in this Act shall be construed
to be inclusive of the upper and lower frequencies in the range.
SEC. 4. ENFORCEMENT.
(a) In General.--The Commission shall implement and enforce this
Act as if this Act were a part of the Communications Act of 1934 (47
U.S.C. 151 et seq.). A violation of this Act, or a regulation
promulgated under this Act, shall be considered to be a violation of
the Communications Act of 1934, or a regulation promulgated under such
Act, respectively.
(b) Exception.--Subsection (a) does not apply in the case of a
provision of this Act that is expressly required to be carried out by
an agency (as defined in section 551 of title 5, United States Code)
other than the Commission.
TITLE I--ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY BROADBAND SPECTRUM
SEC. 101. REALLOCATION OF 700 MHZ D BLOCK SPECTRUM FOR PUBLIC SAFETY
USE.
(a) In General.--The Commission shall reallocate the 700 MHz D
block spectrum for use by public safety entities in accordance with the
provisions of this Act.
(b) Quantity of Spectrum Allocated for Public Safety Use.--Section
337(a) of the Communications Act of 1934 (47 U.S.C. 337(a)) is
amended--
(1) by striking ``Not later than January 1, 1998, the'' and
inserting ``The'';
(2) in paragraph (1), by striking ``24'' and inserting
``34''; and
(3) in paragraph (2), by striking ``36'' and inserting
``26''.
SEC. 102. ASSIGNMENT OF LICENSE TO CORPORATION.
(a) In General.--Not later than the date that is 30 days after the
date of the incorporation of the Public Safety Broadband Corporation
under section 201(a), the Commission shall revoke the license for the
public safety broadband spectrum and the guard band spectrum and assign
a new, single license for the public safety broadband spectrum and the
guard band spectrum to the Corporation for the purpose of ensuring the
construction, management, maintenance, and operation of the public
safety broadband network.
(b) Term.--
(1) Initial license.--The initial license assigned under
subsection (a) shall be for a term of 10 years.
(2) Renewal of license.--Prior to the expiration of the
term of the initial license assigned under subsection (a) or
the expiration of any renewal of such license, the Corporation
shall submit to the Commission an application for the renewal
of such license in accordance with the Communications Act of
1934 (47 U.S.C. 151 et seq.) and any applicable Commission
regulations. Such renewal application shall demonstrate that,
during the term of the license that the Corporation is seeking
to renew, the Corporation has fulfilled its duties and
obligations under this Act and the Communications Act of 1934
and has complied with all applicable Commission regulations. A
renewal of the initial license granted under subsection (a) or
any renewal of such license shall be for a term not to exceed
10 years.
(c) Definition of Public Safety Services.--Section 337(f)(1) of the
Communications Act of 1934 (47 U.S.C. 337(f)(1)) is amended--
(1) in subparagraph (A), by striking ``to protect the
safety of life, health, or property'' and inserting ``to
provide law enforcement, fire and rescue response, or emergency
medical assistance (including such assistance provided by
ambulance services, hospitals, and urgent care facilities)'';
and
(2) in subparagraph (B)--
(A) in clause (i), by inserting ``or tribal
organizations (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 450b))'' before the semicolon; and
(B) in clause (ii), by inserting ``or a tribal
organization'' after ``a governmental entity''.
SEC. 103. ENSURING EFFICIENT AND FLEXIBLE USE OF 700 MHZ PUBLIC SAFETY
NARROWBAND SPECTRUM.
(a) License Requirements.--The Commission may not renew a license
to use the narrowband spectrum after the date of the enactment of this
Act, or grant an application for an initial license to use such
spectrum after the date that is 3 years after such date of enactment,
unless the licensee or applicant demonstrates that failure of the
Commission to renew such license or grant such application will--
(1) cause considerable economic hardship; or
(2) adversely impact the ability of the licensee or
applicant to provide public safety services.
(b) Inventory.--Not later than 6 months after the date of the
enactment of this Act, the Commission shall complete and submit to the
appropriate committees of Congress a State-by-State inventory of the
use of the narrowband spectrum, current as of such date of enactment,
including the numbers of base stations that are deployed and in day-to-
day operation, the approximate number of users, the extent of
interoperability among the deployed stations, and the approximate per-
unit costs of mobile equipment.
(c) Flexible Use.--In order to promote efficient spectrum use, the
Commission may allow the narrowband spectrum and the guard band
spectrum to be used in a flexible manner, including for public safety
broadband communications, subject to such technical and interference
protection measures as the Commission may require.
SEC. 104. SHARING OF PUBLIC SAFETY BROADBAND SPECTRUM AND NETWORK.
(a) Emergency Access by Non-Public Safety Entities.--
(1) In general.--Notwithstanding any limitation in section
337 of the Communications Act of 1934 (47 U.S.C. 337), upon the
request of a State Public Safety Broadband Office, the
Corporation may enter into agreements with entities in such
State that are not public safety entities to permit such
entities to obtain access on a secondary, preemptible basis to
the public safety broadband spectrum in order to facilitate
interoperability between such entities and public safety
entities in protecting the safety of life, health, and property
during emergencies and during preparation for and recovery from
emergencies, including during emergency drills, exercises, and
tests.
(2) Preemption.--The Corporation shall ensure that, under
any agreements entered into under paragraph (1), public safety
entities may preempt use of the public safety broadband
spectrum by the entities with which the Corporation has entered
into such agreements.
(b) Public-Private Partnerships.--Notwithstanding any limitation in
section 337 of the Communications Act of 1934 (47 U.S.C. 337), the
Corporation may permit a private entity with which the Corporation
contracts on behalf of public safety entities to construct, manage,
maintain, or operate the core network or the radio access network, upon
the request of such private entity, to--
(1) obtain access to the public safety broadband spectrum
for services that are not public safety services; or
(2) share equipment or infrastructure of the public safety
broadband network, including antennas and towers.
(c) Approval by Commission.--The Corporation may not enter into an
agreement under subsection (a) or (b)(1) without the approval of the
Commission.
(d) Reinvestment.--The Corporation shall use any funds the
Corporation receives under the agreements entered into under
subsections (a) and (b) to cover the administrative expenses of the
Corporation for the fiscal year in which such funds are received and
shall use any excess for the construction, management, maintenance, and
operation of the public safety broadband network.
(e) Access by Federal Departments and Agencies.--Notwithstanding
any limitation in section 337 of the Communications Act of 1934 (47
U.S.C. 337), the Corporation shall enter into such written agreements
as are necessary to permit Federal departments and agencies to have
shared access to the public safety broadband spectrum on an equivalent
basis in order to protect the safety of life, health, and property.
(f) Prohibition on Offering Commercial Services.--The Corporation
may not offer, provide, or market commercial telecommunications
services or information services directly to the public.
SEC. 105. COMMISSION RULES.
(a) In General.--In order to carry out the provisions of this Act,
the Commission shall--
(1) adopt technical rules necessary to sufficiently manage
spectrum use in bands adjacent to the public safety broadband
spectrum;
(2) adopt rules requiring commercial mobile service
providers and commercial mobile data service providers to offer
roaming and priority access services to public safety entities
at commercially reasonable terms and conditions if--
(A) the equipment of the public safety entity is
technically compatible with the network of the
commercial provider;
(B) the commercial provider is reasonably
compensated; and
(C) such access does not unreasonably preempt or
otherwise terminate or degrade existing voice
conversations or data sessions;
(3) adopt technical rules governing the operation of the
public safety broadband network in areas near the international
borders of the United States;
(4) adopt rules ensuring the commercial availability of
devices capable of operating in the public safety broadband
spectrum, known as Band Class 14, at costs comparable to those
of similar devices that are designed to operate in spectrum
allocated for commercial use; and
(5) consider the adoption of such other rules as the
Commission determines are necessary.
(b) Deadline.--The Commission shall adopt the rules required by
paragraphs (1) through (4) of subsection (a) not later than 180 days
after the date of the enactment of this Act.
(c) Consultation.--In adopting rules under subsection (a) (or
considering the adoption of rules under paragraph (5) of such
subsection), the Commission shall consult with the Director of the
Office of Emergency Communications in the Department of Homeland
Security, the Assistant Secretary, the Director of NIST, and the Public
Safety Communications Research Program.
SEC. 106. FCC REPORT ON EFFICIENT USE OF PUBLIC SAFETY SPECTRUM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and every 2 years thereafter, the Commission
shall, in consultation with the Assistant Secretary and the Director of
NIST, conduct a study and submit to the appropriate committees of
Congress a report on the spectrum allocated for public safety use.
(b) Contents.--The report required by subsection (a) shall
include--
(1) an examination of how such spectrum is being used;
(2) recommendations on how such spectrum may be used more
efficiently;
(3) an assessment of the feasibility of public safety
entities relocating from other bands to the public safety
broadband spectrum; and
(4) an assessment of whether any spectrum made available by
the relocation described in paragraph (3) could be returned to
the Commission for reassignment through auction, including
through use of incentive auction authority under subparagraph
(G) of section 309(j)(8) of the Communications Act of 1934, as
added by section 302(a).
TITLE II--ADVANCED PUBLIC SAFETY COMMUNICATIONS
Subtitle A--Public Safety Broadband Network
SEC. 201. ESTABLISHMENT AND OPERATION OF PUBLIC SAFETY BROADBAND
CORPORATION.
(a) Establishment.--
(1) In general.--There is authorized to be established a
private, nonprofit corporation to be known as the Public Safety
Broadband Corporation, which will not be an agency or
establishment of the United States Government or the District
of Columbia government.
(2) Governing law.--The Corporation shall be subject to the
provisions of this Act and, to the extent consistent with this
Act, the District of Columbia Nonprofit Corporation Act (sec.
29-301.01 et seq., D.C. Official Code). The Corporation shall
have the usual powers conferred upon a nonprofit corporation by
the District of Columbia Nonprofit Corporation Act.
(3) Incorporation.--The members of the initial Board of
Directors of the Corporation shall serve as the incorporators
of the Corporation and shall take the necessary steps to
establish the Corporation under the District of Columbia
Nonprofit Corporation Act. The Corporation shall notify the
Commission of the date of its incorporation as soon as possible
after such incorporation.
(4) Initial bylaws.--The members of the initial Board of
Directors of the Corporation shall establish the initial bylaws
of the Corporation.
(5) Residence.--The Corporation shall have its place of
business in the District of Columbia and shall be considered,
for purposes of venue in civil actions, to be a resident of the
District of Columbia.
(b) Board of Directors.--
(1) Membership and appointment.--The management of the
Corporation shall be vested in a Board of Directors, which
shall consist of 15 members, as follows:
(A) Federal members.--Four Federal members, or
their designees, as follows:
(i) The Secretary of Commerce.
(ii) The Secretary of Homeland Security.
(iii) The Director of the Office of
Management and Budget.
(iv) The Attorney General of the United
States.
(B) Non-federal public-sector members.--Seven non-
Federal public-sector members, representing both urban
and rural interests, appointed by the Secretary of
Commerce, as follows:
(i) State governors.--Two members, each of
whom is the Governor of a State, or their
designees.
(ii) Local and tribal government members.--
Two members, each of whom is the chief
executive officer of a political subdivision of
a State or an Indian tribe, or their designees.
(iii) Public safety entity employees.--
Three members, each of whom is employed by a
public safety entity and possesses one or more
of the following qualifications:
(I) Experience with emergency
preparedness and response.
(II) Technical expertise with
public safety radio communications.
(III) Operational experience with
9-1-1 emergency services.
(IV) Training in hospital or urgent
medical care.
(C) Private-sector members.--Four private-sector
members, appointed by the Secretary of Commerce, each
of whom has extensive experience implementing
commercial standards in the design, development, and
operation of commercial mobile data service networks.
(2) Independence of non-federal public-sector and private-
sector members.--
(A) In general.--Each non-Federal public-sector
member and each private-sector member of the Board of
Directors appointed under paragraph (1) shall be
independent and neutral.
(B) Independence determination.--In order to be
considered independent for purposes of this paragraph,
a member of the Board--
(i) may not, other than in the capacity of
such member as a member of the Board or a
committee thereof, accept any consulting,
advisory, or other compensatory fee from the
Corporation; and
(ii) shall be disqualified from any
deliberation involving any transaction of the
Corporation in which such member has a
financial interest in the outcome.
(3) Federal employment status.--The non-Federal public-
sector members and the private-sector members of the Board of
Directors shall not, by reason of membership on the Board, be
considered to be officers or employees of the United States
Government or the District of Columbia government.
(4) Citizenship.--Each non-Federal public-sector member and
each private-sector member of the Board of Directors shall be a
citizen of the United States.
(5) Terms of appointment.--
(A) Initial appointment deadline.--The initial non-
Federal public-sector members and the initial private-
sector members of the Board of Directors shall be
appointed not later than 180 days after the date of the
enactment of this Act.
(B) Terms.--
(i) Length.--
(I) Federal members.--Each Federal
member of the Board of Directors shall
serve as a member of the Board for the
life of the Corporation.
(II) Non-federal public-sector and
private-sector members.--The term of
office of each non-Federal public-
sector member and each private-sector
member of the Board of Directors shall
be 3 years. Such a member may not serve
more than 2 full terms consecutively.
(ii) Expiration of term.--Any non-Federal
public-sector member or private-sector member
of the Board of Directors whose term has
expired may serve until such member's successor
has taken office, or until the end of the
calendar year in which such member's term has
expired, whichever is earlier.
(iii) Appointment to fill vacancy.--A non-
Federal public-sector member or private-sector
member of the Board of Directors appointed to
fill a vacancy occurring prior to the
expiration of the term for which that member's
predecessor was appointed shall be appointed
for the remainder of the predecessor's term.
(iv) Staggered terms.--With respect to the
initial non-Federal public-sector members and
the initial private-sector members of the Board
of Directors--
(I) four members shall serve for a
term of 3 years;
(II) four members shall serve for a
term of 2 years; and
(III) three members shall serve for
a term of 1 year.
(C) Effect of vacancies.--A vacancy in the
membership of the Board of Directors shall not affect
the Board's powers and shall be filled in the same
manner as the original member was appointed.
(6) Chair.--
(A) Selection.--The Chair of the Board of Directors
shall be selected by the Secretary of Commerce from
among the non-Federal public-sector members and the
private-sector members of the Board.
(B) Term.--The term of office of the Chair of the
Board of Directors shall be 2 years, and an individual
may not serve more than 2 consecutive terms.
(7) Removal.--
(A) By secretary of commerce.--The Secretary of
Commerce may remove, for good cause--
(i) the Chair of the Board of Directors; or
(ii) any non-Federal public-sector member
or private-sector member of the Board of
Directors.
(B) By board.--The members of the Board of
Directors may, by majority vote--
(i) remove any non-Federal public-sector
member or private-sector member of the Board
for conduct determined by the Board to be
detrimental to the Board or to the Corporation;
or
(ii) request that the Secretary of Commerce
exercise his or her authority to remove the
Chair of the Board for conduct determined to be
detrimental to the Board or to the Corporation.
(8) Meetings.--
(A) Frequency.--The Board of Directors shall meet
in accordance with the bylaws of the Corporation--
(i) at the call of the Chair of the Board;
and
(ii) not less frequently than once each
quarter.
(B) Transparency.--Meetings of the Board of
Directors, and meetings of any committees of the Board,
shall be open to the public. The Board may, by majority
vote, close any such meeting only for the time
necessary to preserve the confidentiality of commercial
or financial information that is privileged or
confidential, to discuss personnel matters, or to
discuss legal matters affecting the Corporation,
including pending or potential litigation.
(9) Quorum.--Eight members of the Board of Directors,
including not fewer than 6 non-Federal public-sector members or
private-sector members, shall constitute a quorum.
(10) Attendance.--Members of the Board of Directors may
attend meetings of the Corporation and vote in person, via
telephone conference, or via video conference.
(11) Bylaws.--A majority of the members of the Board of
Directors may amend the bylaws of the Corporation.
(12) Prohibition against compensation.--A member of the
Board of Directors shall serve without pay, and shall not
otherwise benefit, directly or indirectly, as a result of the
member's service to the Corporation, but shall be allowed a per
diem allowance for travel expenses, at rates authorized for an
employee of an agency under subchapter I of chapter 57 of title
5, United States Code, while away from the home or regular
place of business of the member in the performance of the
duties of the Corporation.
(c) Chief Executive Officer and Employees.--
(1) In general.--The Corporation shall have 1 officer, a
Chief Executive Officer, and such employees as may be necessary
to carry out the duties and responsibilities of the Corporation
under this title and title I, for such terms, and at such rates
of compensation in accordance with paragraph (5), as the Board
of Directors of the Corporation considers appropriate. The
Chief Executive Officer and the employees shall serve at the
pleasure of the Board of Directors.
(2) Qualifications of ceo.--The Chief Executive Officer
shall have extensive experience in the deployment, management,
or design of commercial mobile data service networks.
(3) Citizenship.--The Chief Executive Officer and the
employees of the Corporation shall be citizens of the United
States.
(4) Nonpolitical nature of appointment.--No political test
or qualification may be used in selecting, appointing,
promoting, or taking other personnel actions with respect to
the Chief Executive Officer or the agents or employees of the
Corporation.
(5) Compensation.--
(A) In general.--The Board of Directors may fix the
compensation of the Chief Executive Officer and the
employees hired under this subsection, as necessary to
carry out the duties and responsibilities of the
Corporation under this title and title I, except that--
(i) the rate of compensation for the Chief
Executive Officer or any employee may not
exceed the maximum rate of basic pay
established under section 5382 of title 5,
United States Code, for a member of the Senior
Executive Service; and
(ii) notwithstanding any other provision of
law except clause (i), or any bylaw of the
Corporation, all rates of compensation,
including benefit plans and salary ranges, for
the Chief Executive Officer and the employees
shall be jointly approved by a majority of the
Federal members of the Board.
(B) Limitation on other compensation.--Neither the
Chief Executive Officer nor any employee of the
Corporation may receive any salary or other
compensation (except for compensation for service on
boards of directors of other organizations that do not
receive funds from the Corporation, on committees of
such boards, and in similar activities for such
organizations) from any sources other than the
Corporation for services rendered during the period of
the employment of the Chief Executive Officer or
employee, respectively, by the Corporation.
(C) Service on other boards.--Service by the Chief
Executive Officer or any employee of the Corporation on
a board of directors of another organization, on a
committee of such a board, or in a similar activity for
such an organization shall be subject to annual advance
approval by the Board of Directors.
(D) Federal employment status.--Neither the Chief
Executive Officer nor any employee of the Corporation
shall be considered to be an officer or employee of the
United States Government or the District of Columbia
government.
(d) Selection of Agents, Consultants, and Experts.--
(1) In general.--The Board shall select parties to serve as
its agents, consultants, and experts in a fair, transparent,
and objective manner.
(2) Final and binding.--If the selection of an agent,
consultant, or expert satisfies the requirements of paragraph
(1), the selection of such agent, consultant, or expert shall
be final and binding.
(e) Nonprofit and Nonpolitical Nature of Corporation.--
(1) Stock.--The Corporation shall have no power to issue
any shares of stock, or to declare or pay any dividends.
(2) Profit.--No part of the income or assets of the
Corporation shall inure to the benefit of any director,
officer, employee, or any other individual associated with the
Corporation, except as salary or reasonable compensation for
services.
(3) Politics.--The Corporation may not contribute to or
otherwise support any political party or candidate for elective
public office.
(4) Prohibition on lobbying activities.--The Corporation
may not engage in lobbying activities (as defined in section
3(7) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1602(7))).
(f) General Powers.--In addition to the powers granted to the
Corporation by any other provision of law, the Corporation shall have
the authority to do the following:
(1) To adopt and use a corporate seal.
(2) To have succession until dissolved by an Act of
Congress.
(3) To prescribe, through the actions of the Board of
Directors, bylaws not inconsistent with Federal law and the
laws of the District of Columbia, regulating the manner in
which the Corporation's general business may be conducted and
the manner in which the privileges granted to the Corporation
by law may be exercised.
(4) To exercise, through the actions of the Board of
Directors, all powers specifically granted to the Corporation
by the provisions of this title and title I, and such
incidental powers as shall be necessary.
(5) To hold such hearings, sit and act at such times and
places, take such testimony, and receive such evidence as the
Corporation considers necessary to carry out its
responsibilities and duties.
(6) To obtain grants and funds from and make contracts with
individuals, private companies, organizations, institutions,
and Federal, State, regional, and local agencies.
(7) To accept, hold, administer, and utilize gifts,
donations, and bequests of property, both real and personal,
for the purposes of aiding or facilitating the work of the
Corporation.
(8) To spend amounts obtained under paragraph (6) in a
manner authorized by the Board, but only for purposes that will
advance or enhance public safety communications consistent with
this Act.
(9) To establish reserve accounts with funds that the
Corporation may receive from time to time that exceed the
amounts required by the Corporation to timely pay its debt
service and other obligations.
(10) To expend the funds placed in any reserve accounts
established under paragraph (9) (including interest earned on
any such amounts) in a manner authorized by the Board, but only
for purposes that--
(A) will advance or enhance public safety
communications consistent with this Act; or
(B) are otherwise approved by an Act of Congress.
(11) To take such other actions as the Corporation, through
the Board of Directors, may from time to time determine
necessary, appropriate, or advisable to accomplish the purposes
of this title and title I.
(g) Principal Powers.--In addition to the powers granted to the
Corporation by any other provision of law, the Corporation shall have
the power--
(1) to hold the single license for the public safety
broadband spectrum and the guard band spectrum assigned by the
Commission under section 102(a);
(2) to take all actions necessary to ensure the
construction, management, maintenance, and operation of the
public safety broadband network, in consultation with Federal
users of the network, public safety entities, the Commission,
and the Technical and Operations Advisory Body established
under subsection (h), including by--
(A) ensuring the use of commercial standards;
(B) issuing open, transparent, and competitive
requests for proposals to private-sector entities for
the purpose of constructing, managing, maintaining, and
operating the public safety broadband network;
(C) entering into and overseeing the performance of
contracts or agreements with private-sector entities to
construct, manage, maintain, and operate the public
safety broadband network;
(D) leveraging, to the maximum extent possible,
existing commercial, private, and public infrastructure
to reduce costs, supplement network capacity, and speed
deployment of the network;
(E) entering into roaming and priority access
agreements with providers of commercial mobile service
and commercial mobile data service to allow users of
the public safety broadband network to obtain such
services across the networks of such providers;
(F) entering into sharing agreements under section
104; and
(G) exercising discretion in using and disbursing
the funds received under section 401(b)(4); and
(3) to establish the Program Management Office and delegate
functions to such Office, in accordance with section 203.
(h) Technical and Operations Advisory Body.--
(1) Establishment.--In addition to such other standing or
ad hoc committees, panels, or councils as the Board of
Directors considers necessary, the Corporation shall establish
a Technical and Operations Advisory Body, which shall provide
advice to the Corporation with respect to operational and
technical matters related to public safety communications and
commercial mobile data service.
(2) Membership.--The Technical and Operations Advisory Body
shall be composed of such representatives as the Board of
Directors considers appropriate, including representatives of
the following:
(A) Public safety entities.
(B) State, local, and tribal entities that use the
public safety broadband network.
(C) Public safety answering points.
(D) One or more of the 10 regional organizational
units of the Federal Emergency Management Agency.
(E) The Bureau of Indian Affairs.
(F) The Office of Science and Technology Policy.
(G) The Public Safety Communications Research
Program.
(H) Providers of commercial mobile data service and
vendors of equipment, devices, and software used to
provide and access such service.
(i) Audits and Reports by GAO.--
(1) Audits.--
(A) In general.--The financial transactions of the
Corporation for any fiscal year during which Federal
funds are available to finance any portion of its
operations shall be audited annually by the Comptroller
General of the United States in accordance with the
principles and procedures applicable to commercial
corporate transactions and under such rules and
regulations as may be prescribed by the Comptroller
General.
(B) Location.--Any audit conducted under
subparagraph (A) shall be conducted at the place or
places where accounts of the Corporation are normally
kept.
(C) Access to corporation books and documents.--
(i) In general.--For purposes of an audit
conducted under subparagraph (A), the
representatives of the Comptroller General
shall--
(I) have access to all books,
accounts, records, reports, files, and
all other papers, things, or property
belonging to or in use by the
Corporation that pertain to the
financial transactions of the
Corporation and are necessary to
facilitate the audit; and
(II) be afforded full facilities
for verifying transactions with the
balances or securities held by
depositories, fiscal agents, and
custodians.
(ii) Requirement.--All books, accounts,
records, reports, files, papers, and property
of the Corporation shall remain in the
possession and custody of the Corporation.
(2) Reports.--
(A) In general.--The Comptroller General of the
United States shall submit a report of each audit
conducted under paragraph (1)(A) to--
(i) the appropriate committees of Congress;
(ii) the President; and
(iii) the Corporation.
(B) Contents.--Each report submitted under
subparagraph (A) shall contain--
(i) such comments and information as the
Comptroller General determines necessary to
inform Congress of the financial operations and
condition of the Corporation;
(ii) any recommendations of the Comptroller
General relating to the financial operations
and condition of the Corporation; and
(iii) a description of any program,
expenditure, or other financial transaction or
undertaking of the Corporation that was
observed during the course of the audit, which,
in the opinion of the Comptroller General, has
been carried on or made without the authority
of law.
(j) Annual Report to Congress.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter, the
Corporation shall submit an annual report covering the
preceding fiscal year to the appropriate committees of
Congress.
(2) Required content.--The report required under paragraph
(1) shall include--
(A) a comprehensive and detailed report of the
operations, activities, financial condition, and
accomplishments of the Corporation under this section;
(B) an analysis of the continued need for the
Program Management Office and opportunities for
reductions in staffing levels or scope of work in light
of progress made in network deployment, including the
requests for proposals process; and
(C) such recommendations or proposals for
legislative or administrative action as the Corporation
considers appropriate.
(3) Availability to testify.--The directors, employees, and
agents and the Chief Executive Officer of the Corporation shall
be available to testify before the appropriate committees of
the Congress with respect to--
(A) the report required under paragraph (1);
(B) the report of any audit made by the Comptroller
General under subsection (i); or
(C) any other matter which such committees may
consider appropriate.
(k) Prohibition Against Negotiation With Foreign Governments.--The
Corporation may not negotiate or enter into any agreements with a
foreign government on behalf of the United States.
(l) Use of Mails.--The Corporation may use the United States mails
in the same manner and under the same conditions as the departments and
agencies of the United States.
SEC. 202. PUBLIC SAFETY BROADBAND NETWORK.
(a) Establishment.--The Corporation shall ensure the establishment
of a nationwide, interoperable public safety broadband network.
(b) Network Components.--The public safety broadband network shall
be based on a single, national network architecture that evolves with
technological advancements and initially consists of the following:
(1) A core network that--
(A) consists of national and regional data centers,
and other elements and functions that may be
distributed geographically, all of which shall be based
on commercial standards; and
(B) provides the connectivity between--
(i) the radio access network; and
(ii) the public Internet or the public
switched network, or both.
(2) A radio access network that--
(A) is deployed on a State-by-State or multi-State
basis;
(B) consists of all cell site equipment, antennas,
and backhaul equipment, based on commercial standards,
that are required to enable wireless communications
with devices using the public safety broadband
spectrum; and
(C) shall be developed, constructed, managed,
maintained, and operated taking into account the plans
developed in the State, local, and tribal planning and
implementation grant program under section 212.
(c) Deployment Standards.--The Corporation shall, through the
administration of the requests-for-proposals process and oversight of
contracts delegated to the Program Management Office--
(1) ensure that the core network and the radio access
network are deployed as networks are typically deployed by
commercial mobile data service providers;
(2) promote competition in the public safety equipment
market by requiring that equipment for use on the public safety
broadband network be--
(A) built to open, nonproprietary, commercial
standards;
(B) capable of being used by any public safety
entity and accessed by devices manufactured by multiple
vendors; and
(C) backward-compatible with prior generations of
commercial mobile service and commercial mobile data
service networks to the extent typically deployed by
providers of commercial mobile service and commercial
mobile data service; and
(3) ensure that the public safety broadband network is
integrated with public safety answering points, or the
equivalent of public safety answering points, and with networks
for the provision of Next Generation 9-1-1 services (as defined
in section 231).
(d) Procurement.--In all procurement related to the core network
and the radio access network, the Corporation shall use an open,
competitive bidding process that--
(1) details the required framework and architecture of such
networks, the general specifications of the work requested, and
the service-delivery responsibilities of successful bidders;
(2) provides for the award of subcontracts; and
(3) prohibits, except in the case of minor upgrades--
(A) sole-source contracts; and
(B) requirements for design proprietary to any
individual vendor.
(e) Network Infrastructure and Device Criteria.--The Director of
NIST, in consultation with the Corporation and the Commission, shall
develop and periodically update a list of approved devices and
components meeting appropriate protocols and standards. A device or
component may not be used on the public safety broadband network unless
it appears on such list.
SEC. 203. PROGRAM MANAGEMENT OFFICE.
(a) Establishment.--The Corporation shall establish and staff a
Program Management Office within the Corporation, or award a network
management services contract to a private entity to establish and staff
such an office. Any such contract shall be awarded through an open,
competitive bidding process and shall be subject to approval by the
Secretary of Commerce.
(b) Accountability.--The actions of the Program Management Office
shall be subject to review by the Corporation.
(c) Independence.--For the duration of any contract between the
Program Management Office and the Corporation, the Program Management
Office may not have a material financial interest in the outcome of any
request for proposals of the Corporation or a material financial
interest in any contract or agreement entered into by the Corporation.
(d) Duties.--Subject to the determination of the Corporation of the
continuing need and appropriate scale of the Program Management Office,
the Program Management Office shall--
(1) be responsible for carrying out the day-to-day
activities of the Corporation, including ensuring uniformity of
deployments of and upgrades to the public safety broadband
network to preserve nationwide interoperability and economies
of scale in network equipment and device costs;
(2) develop and recommend for adoption by the Corporation a
nationwide plan for the deployment of the public safety
broadband network;
(3) create a template for use by a State Public Safety
Broadband Office receiving a grant under section 212(a) in
transmitting the plans developed under such section to the
Program Management Office;
(4) create, for approval by the Corporation--
(A) baseline criteria for a request for proposals
for the construction, management, maintenance, and
operation of the core network; and
(B) baseline criteria for requests for proposals
for the construction, management, maintenance, and
operation of the radio access network;
(5) in consultation with State Public Safety Broadband
Offices, evaluate responses to the requests for proposals
described in paragraph (4);
(6) administer and oversee, and verify and validate the
performance of, contracts entered into by the Corporation with
entities the proposals of which the Corporation accepts;
(7) in consultation with State Public Safety Broadband
Offices, the Office of Emergency Communications in the
Department of Homeland Security, and the Commission, implement
an awareness campaign in order to stimulate nationwide adoption
of the public safety broadband network by public safety
entities;
(8) in consultation with State Public Safety Broadband
Offices, assess the progress of the construction and adoption
of the public safety broadband network and report to the
Corporation regarding such progress at such intervals as the
Corporation requests, but no less frequently than biannually;
and
(9) in consultation with State Public Safety Broadband
Offices, develop a strategy for the Corporation on the
distribution of public funding provided under section 401(b)(4)
for the construction, management, maintenance, and operation of
the public safety broadband network.
(e) Development and Evaluation of Requests for Proposals.--In
developing requests for proposals with respect to the core network and
the radio access network, the Program Management Office shall, on a
State-by-State or multi-State basis, seek proposals and recommend for
acceptance by the Corporation proposals that--
(1) are based on commercial standards and are backward-
compatible with existing commercial mobile service and
commercial mobile data service networks;
(2) maximize use of existing infrastructure of commercial
entities and of Federal, State, and tribal entities, including
existing public safety infrastructure;
(3) provide for the selection on a localized basis of
network options that remain consistent with the national
network architecture;
(4) incorporate deployable network assets, vehicular
repeaters, and other equipment as a means to provide additional
coverage and capacity as may be required;
(5) ensure a nationwide level of interoperability;
(6) provide economies of scale in equipment and device
costs comparable to those in the commercial marketplace,
including the costs of devices capable of operating in Band
Class 14;
(7) promote competition in the network equipment and device
markets;
(8) ensure coverage of rural and underserved areas;
(9) take into account the need for the relocation of any
incumbent public safety narrowband operations from the public
safety broadband spectrum;
(10) enable technology upgrades at a pace comparable to
that occurring in the commercial mobile service and commercial
mobile data service marketplaces;
(11) ensure the reliability, security, and resiliency of
the network, including through measures for--
(A) protecting and monitoring the cybersecurity of
the network; and
(B) managing supply chain risks to the network; and
(12) incorporate results from the 700 MHz demonstration
network managed by the Public Safety Communications Research
Program.
(f) Consultation With Technical and Operations Advisory Body.--In
carrying out its responsibilities, the Program Management Office shall
regularly meet and consult with the Technical and Operations Advisory
Body established under section 201(h).
SEC. 204. REPRESENTATION BEFORE STANDARDS SETTING ENTITIES.
The Corporation, in consultation with the Director of NIST, the
Commission, and the Technical and Operations Advisory Body established
under section 201(h), shall represent the interests of Federal
departments and agencies and public safety entities using the public
safety broadband network before any appropriate standards development
organizations that address issues that in the judgment of the
Corporation are relevant and important to the public safety broadband
network.
SEC. 205. GAO REPORT ON SATELLITE BROADBAND.
Not later than 2 years after the date of the enactment of this Act,
the Comptroller General of the United States shall conduct a study and
submit to the appropriate committees of Congress a report on the
current and future capabilities of fixed and mobile satellite broadband
for use by public safety entities.
SEC. 206. ACCESS TO FEDERAL SUPPLY SCHEDULES.
Section 502 of title 40, United States Code, is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Use of Supply Schedules by Public Safety Broadband
Corporation for Certain Goods and Services.--
``(1) In general.--The Administrator may provide, to the
extent practicable, for the use by the Public Safety Broadband
Corporation of Federal supply schedules for the following:
``(A) Roaming and priority access services offered
by providers of commercial mobile service and
commercial mobile data service.
``(B) Broadband network equipment, devices, and
applications that are suitable for use on the public
safety broadband network.
``(2) Definitions.--In this subsection--
``(A) the terms `commercial mobile data service'
and `public safety broadband network' have the meanings
given such terms in section 2 of the Wireless
Innovation and Public Safety Act of 2011;
``(B) the term `commercial mobile service' has the
meaning given such term in section 332(d)(1) of the
Communications Act of 1934 (47 U.S.C. 332(d)(1)); and
``(C) the term `Public Safety Broadband
Corporation' means the corporation established under
section 201(a)(1) of the Wireless Innovation and Public
Safety Act of 2011.''.
SEC. 207. FEDERAL INFRASTRUCTURE SHARING.
The Administrator of General Services shall establish rules to
allow the Corporation, on behalf of public safety entities, to have
access to such components of Federal infrastructure as are appropriate
for the construction and maintenance of the public safety broadband
network.
SEC. 208. INITIAL FUNDING FOR CORPORATION.
(a) In General.--There is appropriated to the Assistant Secretary
$50,000,000 for use in accordance with subsection (b), to remain
available until the commencement of incentive auctions to be carried
out under subparagraph (G) of section 309(j)(8) of the Communications
Act of 1934, as added by section 302(a), or the auction of spectrum
pursuant to subsection (a)(1) or (b)(1) of section 301.
(b) Use of Funds.--The Assistant Secretary shall use the funds
appropriated under subsection (a)--
(1) for reasonable administrative expenses and other costs
associated with the establishment of the Corporation; and
(2) subject to subsection (c), for transfer to the
Corporation of an amount the Assistant Secretary considers
necessary for the Corporation to carry out its duties and
responsibilities under this title and title I prior to the 1st
fiscal year for which the Corporation projects that the fees
collected under section 209 will be sufficient to cover the
total expenses of the Corporation for such fiscal year.
(c) Conditions.--The Assistant Secretary may not transfer any funds
under subsection (b)(2) unless the Corporation files with the Assistant
Secretary--
(1) an estimated budget for the period between the filing
and the beginning of the 1st fiscal year for which the
Corporation projects that the fees collected under section 209
will be sufficient to cover the total expenses of the
Corporation for such fiscal year; and
(2) a statement of the anticipated use of the funds
transferred.
(d) Reinvestment of Excess Funds.--Beginning with the 1st fiscal
year in which the Corporation collects fees under section 209 in excess
of the total expenses of the Corporation in carrying out its duties and
responsibilities under this title and title I for such fiscal year, the
Corporation shall use any remaining amount of the funds transferred
under subsection (b)(2) only to ensure the construction, management,
maintenance, and operation of the public safety broadband network.
SEC. 209. PERMANENT SELF-FUNDING OF CORPORATION AND DUTY TO COLLECT
CERTAIN FEES.
(a) In General.--The Corporation is authorized to assess and
collect the following fees:
(1) Network user fees.--A user or subscription fee from
each public safety entity and Federal department or agency that
seeks access to or use of the public safety broadband network.
(2) Sharing arrangement fees.--A fee from each entity with
which the Corporation enters into a sharing arrangement under
section 104.
(b) Establishment of Fee Amounts.--The total amount of the fees
assessed for each fiscal year under this section shall be sufficient,
and to the extent practicable shall not exceed the amount necessary, to
cover the total expenses of the Corporation in carrying out its duties
and responsibilities under this title and title I for such fiscal year.
(c) Required Reinvestment of Excess Funds.--If, in a fiscal year,
the Corporation collects fees under this section in excess of the total
expenses of the Corporation in carrying out its duties and
responsibilities under this title and title I for such fiscal year, the
Corporation shall use the excess only to ensure the construction,
management, maintenance, and operation of the public safety broadband
network.
Subtitle B--State, Local, and Tribal Planning and Implementation
SEC. 211. STATE, LOCAL, AND TRIBAL PLANNING AND IMPLEMENTATION FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the State, Local, and Tribal
Planning and Implementation Fund.
(b) Purpose.--The Assistant Secretary shall establish and
administer the grant program under section 212 using the funds
deposited in the State, Local, and Tribal Planning and Implementation
Fund.
(c) Crediting of Receipts.--There shall be deposited into or
credited to the State, Local, and Tribal Planning and Implementation
Fund--
(1) any amounts specified in section 401; and
(2) any amounts borrowed by the Assistant Secretary under
subsection (d).
(d) Borrowing Authority.--
(1) In general.--The Assistant Secretary may borrow from
the general fund of the Treasury beginning on October 1, 2011,
such sums as may be necessary, but not to exceed $250,000,000,
to implement section 212.
(2) Reimbursement.--The Assistant Secretary shall reimburse
the general fund of the Treasury, without interest, for any
amounts borrowed under paragraph (1) as funds are deposited
into the State, Local, and Tribal Planning and Implementation
Fund.
SEC. 212. STATE, LOCAL, AND TRIBAL PLANNING AND IMPLEMENTATION GRANT
PROGRAM.
(a) Establishment of Grant Program.--The Assistant Secretary, in
consultation with the Corporation, shall take such action as is
necessary to establish a grant program to make grants to each State
Public Safety Broadband Office established under subsection (d) to
assist State, local, and tribal public safety entities within such
State in carrying out the following activities:
(1) Identifying and planning the most efficient and
effective use and integration by such entities of the spectrum
and the infrastructure, equipment, and other architecture
associated with the public safety broadband network to satisfy
the wireless communications and data services needs of such
entities.
(2) Identifying opportunities for creating a consortium
with one or more other States to assist the Program Management
Office in developing a single request for proposals to serve
the common network requirements of the States in the
consortium.
(3) Identifying the particular assets and specialized needs
of the public safety entities located within such State for
inclusion in requests for proposals with respect to the radio
access network. Such assets may include available towers and
infrastructure. Such needs may include the projected number of
users, preferred buildout timeframes, special coverage needs,
special hardening, reliability, security, and resiliency needs,
local user priority assignments, and integration needs of
public safety answering points and emergency operations
centers.
(4) Transmitting the plans developed under this subsection
to the Program Management Office using the template developed
under section 203(d)(3).
(b) Matching Requirements; Federal Share.--
(1) In general.--The Federal share of the cost of any
activity carried out using a grant under this section may not
exceed 80 percent of the eligible costs of carrying out that
activity, as determined by the Assistant Secretary, in
consultation with the Corporation.
(2) Waiver.--The Assistant Secretary may waive, in whole or
in part, the requirements of paragraph (1) for good cause shown
if the Assistant Secretary determines that such a waiver is in
the public interest.
(c) Programmatic Requirements.--Not later than 6 months after the
date of the incorporation of the Corporation under section 201(a), the
Assistant Secretary, in consultation with the Corporation, shall
establish requirements relating to the grant program to be carried out
under this section, including the following:
(1) Defining eligible costs for purposes of subsection
(b)(1).
(2) Determining the scope of eligible activities for grant
funding under this section.
(3) Prioritizing grants for activities that ensure coverage
in rural as well as urban areas.
(d) State Public Safety Broadband Offices.--A State wishing to
receive a grant under this section shall establish a State Public
Safety Broadband Office to carry out the activities described in
subsection (a). The Assistant Secretary may not accept a grant
application unless such application certifies that the State has
established such an office.
SEC. 213. PUBLIC SAFETY WIRELESS FACILITIES DEPLOYMENT.
(a) In General.--Notwithstanding section 704 of the
Telecommunications Act of 1996 (Public Law 104-104) or any other
provision of law, a State or local government may not deny, and shall
approve, any eligible facilities request for a modification of an
existing wireless tower that does not substantially change the physical
dimensions of such tower.
(b) Eligible Facilities Request.--In this section, the term
``eligible facilities request'' means a request that--
(1) is for a modification of an existing wireless tower
that involves--
(A) collocation of new transmission equipment;
(B) removal of transmission equipment; or
(C) replacement of transmission equipment; and
(2) is made by an entity that enters into a contract with
the Corporation to construct, manage, maintain, or operate the
public safety broadband network for purposes of performing work
under such contract.
Subtitle C--Public Safety Communications Research and Development
SEC. 221. NIST-DIRECTED PUBLIC SAFETY WIRELESS COMMUNICATIONS RESEARCH
AND DEVELOPMENT.
(a) In General.--From amounts made available from the Public Safety
Trust Fund established under section 401, the Director of NIST, in
consultation with the Commission, the Secretary of Homeland Security,
and the National Institute of Justice of the Department of Justice, as
appropriate, shall conduct research and assist with the development of
standards, technologies, and applications to advance wireless public
safety communications.
(b) Required Activities.--In carrying out subsection (a), the
Director of NIST, in consultation with the Corporation and the
Technical and Operations Advisory Body established under section
201(h), shall--
(1) document public safety wireless communications
requirements;
(2) accelerate the development of the capability for
communications between currently deployed public safety
narrowband systems and the public safety broadband network;
(3) establish a research plan, and direct research, that
addresses the wireless communications needs of public safety
entities beyond what can be provided by the current generation
of broadband technology;
(4) accelerate the development of mission critical voice
communications, including device-to-device talkaround
capability over broadband networks, public safety
prioritization, authentication capabilities, and standard
application programming interfaces, if necessary and practical;
(5) accelerate the development of communications technology
and equipment that can facilitate the eventual migration of
public safety narrowband communications to the public safety
broadband network;
(6) ensure the development and testing of new,
interoperable, nonproprietary broadband technologies (including
applications, devices, and device components) that are designed
to open standards to meet the needs of public safety entities;
(7) seek to develop technologies, standards, processes, and
architectures that provide a significant improvement in network
security, resiliency, and trustworthiness; and
(8) convene working groups of relevant government and
commercial parties in carrying out paragraphs (1) through (7).
Subtitle D--Next Generation 9-1-1 Services
SEC. 231. DEFINITIONS.
In this subtitle:
(1) 9-1-1 services, e9-1-1 services, next generation 9-1-1
services.--The terms ``9-1-1 services, E9-1-1 services, and
Next Generation 9-1-1 services'' shall have the meaning given
those terms in section 158 of the National Telecommunications
and Information Administration Organization Act (47 U.S.C.
942), as amended by this Act.
(2) Emergency call.--The term ``emergency call'' has the
meaning given such term in section 158 of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 942), as amended by this Act.
(3) Multi-line telephone system.--The term ``multi-line
telephone system'' or ``MLTS'' means a system comprised of
common control units, telephone sets, control hardware and
software and adjunct systems, including network and premises
based systems, such as Centrex and VoIP, as well as PBX,
Hybrid, and Key Telephone Systems (as classified by the
Commission under part 68 of title 47, Code of Federal
Regulations) and includes systems owned or leased by
governmental agencies and non-profit entities, as well as for
profit businesses.
(4) Office.--The term ``Office'' means the 9-1-1
Implementation Coordination Office established under section
158 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 942), as amended by
this Act.
(5) Public safety answering point.--The term ``public
safety answering point'' has the meaning given the term in
section 222 of the Communications Act of 1934 (47 U.S.C. 222).
SEC. 232. COORDINATION OF 9-1-1 IMPLEMENTATION.
Section 158 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 942) is amended to read as
follows:
``SEC. 158. COORDINATION OF 9-1-1, E9-1-1 AND NEXT GENERATION 9-1-1
IMPLEMENTATION.
``(a) 9-1-1 Implementation Coordination Office.--
``(1) Establishment and continuation.--The Assistant
Secretary and the Administrator of the National Highway Traffic
Safety Administration shall--
``(A) establish and further a program to facilitate
coordination and communication between Federal, State,
and local emergency communications systems, emergency
personnel, public safety organizations,
telecommunications carriers, and telecommunications
equipment manufacturers and vendors involved in the
implementation of 9-1-1 services; and
``(B) establish a 9-1-1 Implementation Coordination
Office to implement the provisions of this section.
``(2) Management plan.--
``(A) Development.--The Assistant Secretary and the
Administrator shall develop a management plan for the
grant program established under this section, including
by developing--
``(i) plans related to the organizational
structure of such program; and
``(ii) funding profiles for each fiscal
year of the 5-year duration of such program.
``(B) Submission to congress.--Not later than 90
days after the date of enactment of the Wireless
Innovation and Public Safety Act of 2011, the Assistant
Secretary and the Administrator shall submit the
management plan developed under subparagraph (A) to--
``(i) the Committees on Commerce, Science,
and Transportation and Appropriations of the
Senate; and
``(ii) the Committees on Energy and
Commerce and Appropriations of the House of
Representatives.
``(3) Purpose of office.--The Office shall--
``(A) take actions, in concert with coordinators
designated in accordance with subsection (b)(3)(A)(ii),
to improve coordination and communication with respect
to the implementation of 9-1-1 services, E9-1-1
services, and Next Generation 9-1-1 services;
``(B) develop, collect, and disseminate information
concerning practices, procedures, and technology used
in the implementation of 9-1-1 services, E9-1-1
services, and Next Generation 9-1-1 services;
``(C) advise and assist eligible entities in the
preparation of implementation plans required under
subsection (b)(3)(A)(iii);
``(D) receive, review, and recommend the approval
or disapproval of applications for grants under
subsection (b); and
``(E) oversee the use of funds provided by such
grants in fulfilling such implementation plans.
``(4) Reports.--The Assistant Secretary and the
Administrator shall provide an annual report to Congress by the
first day of October of each year on the activities of the
Office to improve coordination and communication with respect
to the implementation of 9-1-1 services, E9-1-1 services, and
Next Generation 9-1-1 services.
``(b) 9-1-1, E9-1-1 and Next Generation 9-1-1 Implementation
Grants.--
``(1) Matching grants.--The Assistant Secretary and the
Administrator, acting through the Office, shall provide grants
to eligible entities for--
``(A) the implementation and operation of 9-1-1
services, E9-1-1 services, migration to an IP-enabled
emergency network, and adoption and operation of Next
Generation 9-1-1 services and applications;
``(B) the implementation of IP-enabled emergency
services and applications enabled by Next Generation 9-
1-1 services, including the establishment of IP
backbone networks and the application layer software
infrastructure needed to interconnect the multitude of
emergency response organizations; and
``(C) training public safety personnel, including
call-takers, first responders, and other individuals
and organizations who are part of the emergency
response chain in 9-1-1 services.
``(2) Matching requirement.--The Federal share of the cost
of a project eligible for a grant under this section shall not
exceed 80 percent. The non-Federal share of the cost shall be
provided from non-Federal sources unless waived by the
Assistant Secretary and the Administrator.
``(3) Coordination required.--In providing grants under
paragraph (1), the Assistant Secretary and the Administrator
shall require an eligible entity to certify in its application
that--
``(A) in the case of an eligible entity that is a
State government, the entity--
``(i) has coordinated its application with
the public safety answering points located
within the jurisdiction of such entity;
``(ii) has designated a single officer or
governmental body of the entity to serve as the
coordinator of implementation of 9-1-1
services, except that such designation need not
vest such coordinator with direct legal
authority to implement 9-1-1 services, E9-1-1
services, or Next Generation 9-1-1 services or
to manage emergency communications operations;
``(iii) has established a plan for the
coordination and implementation of 9-1-1
services, E9-1-1 services, and Next Generation
9-1-1 services; and
``(iv) has integrated telecommunications
services involved in the implementation and
delivery of 9-1-1 services, E9-1-1 services,
and Next Generation 9-1-1 services; or
``(B) in the case of an eligible entity that is not
a State, the entity has complied with clauses (i),
(iii), and (iv) of subparagraph (A), and the State in
which it is located has complied with clause (ii) of
such subparagraph.
``(4) Criteria.--Not later than 120 days after the
submission of the report required under section 237 of the
Wireless Innovation and Public Safety Act of 2011, the
Assistant Secretary and the Administrator shall issue
regulations, after providing the public with notice and an
opportunity to comment, prescribing the criteria for selection
for grants under this section. The criteria shall include
performance requirements and a timeline for completion of any
project to be financed by a grant under this section. The
Assistant Secretary and the Administrator shall update such
regulations as necessary.
``(c) Diversion of 9-1-1 Charges.--
``(1) Designated 9-1-1 charges.--For the purposes of this
subsection, the term `designated 9-1-1 charges' means any
taxes, fees, or other charges imposed by a State or other
taxing jurisdiction that are designated or presented as
dedicated to deliver or improve 9-1-1 services, E9-1-1
services, or Next Generation 9-1-1 services.
``(2) Certification.--Each applicant for a matching grant
under this section shall certify to the Assistant Secretary and
the Administrator at the time of application, and each
applicant that receives such a grant shall certify to the
Assistant Secretary and the Administrator annually thereafter
during any period of time during which the funds from the grant
are available to the applicant, that no portion of any
designated 9-1-1 charges imposed by a State or other taxing
jurisdiction within which the applicant is located are being
obligated or expended for any purpose other than the purposes
for which such charges are designated or presented during the
period beginning 180 days immediately preceding the date of the
application and continuing through the period of time during
which the funds from the grant are available to the applicant.
``(3) Condition of grant.--Each applicant for a grant under
this section shall agree, as a condition of receipt of the
grant, that if the State or other taxing jurisdiction within
which the applicant is located, during any period of time
during which the funds from the grant are available to the
applicant, obligates or expends designated 9-1-1 charges for
any purpose other than the purposes for which such charges are
designated or presented, eliminates such charges, or re-
designates such charges for purposes other than the
implementation or operation of 9-1-1 services, E9-1-1 services,
or Next Generation 9-1-1 services, all of the funds from such
grant shall be returned to the Office.
``(4) Penalty for providing false information.--Any
applicant that provides a certification under paragraph (1)
knowing that the information provided in the certification was
false shall--
``(A) not be eligible to receive the grant under
subsection (b);
``(B) return any grant awarded under subsection (b)
during the time that the certification was not valid;
and
``(C) not be eligible to receive any subsequent
grants under subsection (b).
``(d) Authorization and Termination.--
``(1) Authorization.--
``(A) In general.--There are authorized to be
appropriated to the Secretary of Commerce, for the
purposes of carrying out grants under this section,
$250,000,000 total for the 5-year period described in
subparagraph (C).
``(B) Limitation.--Of the amounts made available to
the Secretary of Commerce under this paragraph in a
fiscal year, not more than 5 percent of such amounts
may be obligated or expended to cover the
administrative costs of carrying out this section.
``(C) Period.--The 5-year period under subparagraph
(A) begins on the first day of the fiscal year that
begins following the date of the submission of the
report required under section 237 of the Wireless
Innovation and Public Safety Act of 2011.
``(2) Termination.--Effective on the day after the end of
the 5-year period described in paragraph (1)(C), the authority
provided by this section terminates and this section shall have
no effect.
``(e) Definitions.--In this section:
``(1) 9-1-1 services.--The term `9-1-1 services' includes
both E9-1-1 services and Next Generation 9-1-1 services.
``(2) E9-1-1 services.--The term `E9-1-1 services' means
both phase I and phase II enhanced 9-1-1 services, as described
in section 20.18 of the Commission's regulations (47 C.F.R.
20.18), as in effect on the date of enactment of the Wireless
Innovation and Public Safety Act of 2011, or as subsequently
revised by the Commission.
``(3) Eligible entity.--
``(A) In general.--The term `eligible entity' means
a State or local government or a tribal organization
(as defined in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(l))).
``(B) Instrumentalities.--The term `eligible
entity' includes public authorities, boards,
commissions, and similar bodies created by 1 or more
eligible entities described in subparagraph (A) to
provide 9-1-1 service, E9-1-1 services, or Next
Generation 9-1-1 services.
``(C) Exception.--The term `eligible entity' does
not include any entity that has failed to submit the
most recently required certification under subsection
(c) within 30 days after the date on which such
certification is due.
``(4) Emergency call.--The term `emergency call' means any
real-time communication with a public safety answering point or
other emergency management or response agency, including--
``(A) through voice, text, or video and related
data; and
``(B) nonhuman-initiated automatic event alerts,
such as alarms, telematics, or sensor data, which may
also include real-time voice, text, or video
communications.
``(5) Next generation 9-1-1 services.--The term `Next
Generation 9-1-1 services' means an IP-based system comprised
of hardware, software, data, and operational policies and
procedures that--
``(A) provides standardized interfaces from
emergency call and message services to support
emergency communications;
``(B) processes all types of emergency calls,
including voice, text, data, and multimedia
information;
``(C) acquires and integrates additional emergency
call data useful to call routing and handling;
``(D) delivers the emergency calls, messages, and
data to the appropriate public safety answering point
and other appropriate emergency entities;
``(E) supports data or video communications needs
for coordinated incident response and management; and
``(F) provides broadband service to public safety
answering points or other first responder entities.
``(6) Office.--The term `Office' means the 9-1-1
Implementation Coordination Office.
``(7) Public safety answering point.--The term `public
safety answering point' has the meaning given the term in
section 222 of the Communications Act of 1934 (47 U.S.C. 222).
``(8) State.--The term `State' means any State of the
United States, the District of Columbia, Puerto Rico, American
Samoa, Guam, the United States Virgin Islands, the Northern
Mariana Islands, and any other territory or possession of the
United States.''.
SEC. 233. REQUIREMENTS FOR MULTI-LINE TELEPHONE SYSTEMS.
(a) In General.--Not later than 270 days after the date of
enactment of this Act, the Administrator of General Services, in
conjunction with the Office, shall issue a report to Congress
identifying the 9-1-1 capabilities of the multi-line telephone system
in use by all Federal agencies in all Federal buildings and properties.
(b) Commission Action.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Commission shall issue a public
notice seeking comment on the feasibility of requiring MLTS
manufacturers to include within all such systems manufactured
or sold after a date certain, to be determined by the
Commission, one or more mechanisms to provide a sufficiently
precise indication of a 9-1-1 caller's location, while avoiding
the imposition of undue burdens on MLTS manufacturers,
providers, and operators.
(2) Specific requirement.--The public notice under
paragraph (1) shall seek comment on the National Emergency
Number Association's ``Technical Requirements Document On Model
Legislation E9-1-1 for Multi-Line Telephone Systems'' (NENA 06-
750, Version 2).
SEC. 234. GAO STUDY OF STATE AND LOCAL USE OF 9-1-1 SERVICE CHARGES.
(a) In General.--Not later than 60 days after the date of enactment
of this Act, the Comptroller General of the United States shall
initiate a study of--
(1) the imposition of taxes, fees, or other charges imposed
by States or political subdivisions of States that are
designated or presented as dedicated to improve emergency
communications services, including 9-1-1 services or enhanced
9-1-1 services, or related to emergency communications services
operations or improvements; and
(2) the use of revenues derived from such taxes, fees, or
charges.
(b) Report.--Not later than 18 months after initiating the study
required by subsection (a), the Comptroller General shall prepare and
submit a report on the results of the study to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives setting forth
the findings, conclusions, and recommendations, if any, of the study,
including--
(1) the identity of each State or political subdivision
that imposes such taxes, fees, or other charges; and
(2) the amount of revenues obligated or expended by that
State or political subdivision for any purpose other than the
purposes for which such taxes, fees, or charges were designated
or presented.
SEC. 235. PARITY OF PROTECTION FOR PROVISION OR USE OF NEXT GENERATION
9-1-1 SERVICE.
(a) Immunity.--A provider or user of Next Generation 9-1-1
services, a public safety answering point, and the officers, directors,
employees, vendors, agents, and authorizing government entity (if any)
of such provider, user, or public safety answering point, shall have
immunity and protection from liability under Federal and State law to
the extent provided in subsection (b) with respect to--
(1) the release of subscriber information related to
emergency calls or emergency services;
(2) the use or provision of 9-1-1 services, E9-1-1
services, or Next Generation 9-1-1 services; and
(3) other matters related to 9-1-1 services, E9-1-1
services, or Next Generation 9-1-1 services.
(b) Scope of Immunity and Protection From Liability.--The scope and
extent of the immunity and protection from liability afforded under
subsection (a) shall be the same as that provided under section 4 of
the Wireless Communications and Public Safety Act of 1999 (47 U.S.C.
615a) to wireless carriers, public safety answering points, and users
of wireless 9-1-1 service (as defined in paragraphs (4), (3), and (6),
respectively, of section 6 of that Act (47 U.S.C. 615b)) with respect
to such release, use, and other matters.
SEC. 236. COMMISSION PROCEEDING ON AUTODIALING.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Commission shall initiate a proceeding to create a
specialized Do-Not-Call registry for public safety answering points.
(b) Features of the Registry.--The Commission shall issue
regulations, after providing the public with notice and an opportunity
to comment, that--
(1) permit verified public safety answering point
administrators or managers to register the telephone numbers of
all 9-1-1 trunks and other lines used for the provision of
emergency services to the public or for communications between
public safety agencies;
(2) provide a process for verifying, no less frequently
than once every 7 years, that registered numbers should
continue to appear upon the registry;
(3) provide a process for granting and tracking access to
the registry by the operators of automatic dialing equipment;
(4) protect the list of registered numbers from disclosure
or dissemination by parties granted access to the registry; and
(5) prohibit the use of automatic dialing or ``robocall''
equipment to establish contact with registered numbers.
(c) Enforcement.--The Commission shall--
(1) establish monetary penalties for violations of the
protective regulations established pursuant to subsection
(b)(4) of not less than $100,000 per incident nor more than
$1,000,000 per incident;
(2) establish monetary penalties for violations of the
prohibition on automatically dialing registered numbers
established pursuant to subsection (b)(5) of not less than
$10,000 per call nor more than $100,000 per call; and
(3) provide for the imposition of fines under paragraphs
(1) or (2) that vary depending upon whether the conduct leading
to the violation was negligent, grossly negligent, reckless, or
willful, and depending on whether the violation was a first or
subsequent offence.
SEC. 237. NHTSA REPORT ON COSTS FOR REQUIREMENTS AND SPECIFICATIONS OF
NEXT GENERATION 9-1-1 SERVICES.
(a) In General.--Using amounts made available from the Public
Safety Trust Fund under section 401, not later than 1 year after the
date of enactment of this Act, the Administrator of the National
Highway Traffic Safety Administration, in consultation with the
Commission, the Secretary of Homeland Security, and the Office, shall
prepare and submit to Congress a report that analyzes and determines
detailed costs for specific Next Generation 9-1-1 service requirements
and specifications.
(b) Contents.--The report required under subsection (a) shall
include the following:
(1) How costs would be allocated geographically or among
public safety answering points, broadband service providers,
and third-party providers of Next Generation 9-1-1 services.
(2) An assessment of the current state of Next Generation
9-1-1 service readiness among public safety answering points.
(3) How differences in public safety answering points'
access to broadband across the United States may affect costs.
(4) A technical analysis and cost study of different
delivery platforms, such as wireline, wireless, and satellite.
(5) An assessment of the architectural characteristics,
feasibility, and limitations of Next Generation 9-1-1 service
delivery.
(6) An analysis of the needs for Next Generation 9-1-1
service of persons with disabilities.
(7) Standards and protocols for Next Generation 9-1-1
service and for incorporating Voice over Internet Protocol and
real-time text standards.
SEC. 238. FCC RECOMMENDATIONS FOR LEGAL AND STATUTORY FRAMEWORK FOR
NEXT GENERATION 9-1-1 SERVICES.
Not later than 1 year after the date of enactment of this Act, the
Commission, in coordination with the Secretary of Homeland Security,
the Administrator of the National Highway Traffic Safety
Administration, and the Office, shall prepare and submit a report to
Congress that contains recommendations for the legal and statutory
framework for Next Generation 9-1-1 services, consistent with
recommendations in the National Broadband Plan developed by the
Commission pursuant to the American Recovery and Reinvestment Act of
2009, including the following:
(1) A legal and regulatory framework for the development of
Next Generation 9-1-1 services and the transition from legacy
9-1-1 to Next Generation 9-1-1 services.
(2) Legal mechanisms to ensure efficient and accurate
transmission of 9-1-1 caller information to emergency
management or response agencies.
(3) Recommendations for removing jurisdictional barriers
and inconsistent legacy regulations, including--
(A) proposals that would require States to remove
regulatory impediments to Next Generation 9-1-1
services development, while recognizing the appropriate
role of the States;
(B) eliminating outdated 9-1-1 regulations at the
Federal level; and
(C) preempting inconsistent State regulations.
TITLE III--SPECTRUM AUCTION AUTHORITY
SEC. 301. DEADLINES FOR AUCTION OF CERTAIN SPECTRUM.
(a) In General.--
(1) Auction.--The Commission shall, through competitive
bidding under section 309(j) of the Communications Act of 1934
(47 U.S.C. 309(j)), assign licenses for the use of the
electromagnetic spectrum described in paragraph (2) in
accordance with the timetable set forth in paragraph (3).
(2) Spectrum described.--The spectrum described in this
paragraph is the following:
(A) The frequencies from 2155 megahertz to 2180
megahertz.
(B) The frequencies from 1755 megahertz to 1780
megahertz, except that if--
(i) the President determines that such
frequencies cannot be reallocated for non-
Federal use due to the need to protect
incumbent Federal operations from interference;
and
(ii) the President identifies other
spectrum the reallocation for non-Federal use
of which better serves the public interest,
convenience, and necessity and that can
reasonably be expected to produce comparable
auction receipts;
the spectrum described in this subparagraph shall be
the spectrum identified by the President under clause
(ii).
(C) The frequencies from 1695 megahertz to 1710
megahertz, except for the geographic exclusion zones
(as such zones may be amended) identified in the report
of the NTIA published in October 2010 and entitled ``An
Assessment of Near-Term Viability of Accommodating
Wireless Broadband Systems in 1675-1710 MHz, 1755-1780
MHz, 3500-3650 MHz, and 4200-4220 MHz, 4380-4400 MHz
Bands''.
(D) Fifteen megahertz of contiguous spectrum
identified by the Commission to be paired with the
spectrum described in subparagraph (C).
(E) The frequencies from 1780 megahertz to 1850
megahertz, except that if--
(i) the President determines that such
frequencies cannot be reallocated for non-
Federal use due to the need to protect
incumbent Federal operations from interference;
and
(ii) the President identifies other
spectrum the reallocation for non-Federal use
of which better serves the public interest,
convenience, and necessity and that can
reasonably be expected to produce comparable
auction receipts;
the spectrum described in this subparagraph shall be
the spectrum identified by the President under clause
(ii).
(3) Timetable.--Notwithstanding paragraph (15)(A) of such
section 309(j), the Commission shall complete all actions
necessary in order to--
(A) in the case of licenses for the use of the
spectrum described in subparagraphs (A) and (B) of
paragraph (2)--
(i) commence the bidding process not later
than January 31, 2014; and
(ii) deposit the available proceeds in
accordance with paragraph (8) of such section
not later than June 30, 2014;
(B) in the case of licenses for the use of the
spectrum described in subparagraphs (C) and (D) of
paragraph (2)--
(i) commence the bidding process not later
than January 31, 2018; and
(ii) deposit the available proceeds in
accordance with paragraph (8) of such section
not later than June 30, 2018; and
(C) in the case of licenses for the use of the
spectrum described in subparagraph (E) of paragraph
(2)--
(i) commence the bidding process not later
than January 31, 2020; and
(ii) deposit the available proceeds in
accordance with paragraph (8) of such section
not later than June 30, 2020.
(4) Notification to president.--Not later than 6 months
before each auction of frequencies under paragraph (1) in which
any frequency assigned to a Federal Government station will be
auctioned, the Commission shall notify the President of the
date when such auction will begin and the frequencies to be
auctioned.
(5) Withdrawal from federal use.--Notwithstanding section
1062(b) of the National Defense Authorization Act for Fiscal
Year 2000 (Public Law 106-65; 47 U.S.C. 921 note), upon receipt
of a notification from the Commission under paragraph (4) with
respect to an auction of frequencies, the President shall
withdraw the assignment to a Federal Government station of any
such frequency.
(6) Delayed or phased reallocation of certain federal
spectrum.--If the President determines that reallocation for
non-Federal use of the spectrum described in subparagraph (E)
of paragraph (2) must be delayed or conducted in phases to
ensure protection from interference of or continuity of
incumbent Federal operations, the President may delay the
withdrawal under paragraph (5) of the assignment of such
spectrum to a Federal Government station until such time as the
President considers necessary to ensure such protection, but in
no case later than January 31, 2020.
(b) Auction of Certain Other Spectrum.--
(1) Auction.--In accordance with the timetable set forth in
paragraph (2), the Commission shall assign through competitive
bidding under section 309(j) of the Communications Act of 1934
(47 U.S.C. 309(j)), or reallocate for unlicensed use, the
electromagnetic spectrum between the frequencies from 3550
megahertz to 3650 megahertz, except for the geographic
exclusion zones (as such zones may be amended) identified in
the report of the NTIA published in October 2010 and entitled
``An Assessment of Near-Term Viability of Accommodating
Wireless Broadband Systems in 1675-1710 MHz, 1755-1780 MHz,
3500-3650 MHz, and 4200-4220 MHz, 4380-4400 MHz Bands''.
(2) Timetable.--Notwithstanding paragraph (15)(A) of such
section, the Commission shall complete all actions necessary in
order to--
(A) commence the bidding process, or commence
reallocation for unlicensed use, not later than 3 years
after the date of the enactment of this Act; and
(B) deposit the available proceeds in accordance
with paragraph (8) of such section not later than 6
months thereafter.
(3) Notification to president.--Not later than 6 months
before each auction of frequencies under paragraph (1), or the
reallocation for unlicensed use of any frequency described in
such paragraph, the Commission shall notify the President of
the date when such auction will begin or such reallocation will
occur and the frequencies to be auctioned or reallocated.
(4) Withdrawal from federal use.--Upon receipt of a
notification from the Commission under paragraph (3) with
respect to an auction or reallocation of frequencies, the
President shall withdraw the assignment to a Federal Government
station of any such frequency.
(c) Auction Proceeds.--Section 309(j)(8) of the Communications Act
of 1934 (47 U.S.C. 309(j)(8)) is amended--
(1) in subparagraph (A), by striking ``(B), (D), and (E),''
and inserting ``(B), (D), (E), (F), and (G),'';
(2) in subparagraph (C)--
(A) in clause (i), by striking ``subparagraph
(E)(ii)'' and inserting ``subparagraphs (D)(ii),
(E)(ii), (F), and (G)(iv)''; and
(B) in clause (iii)--
(i) by striking the period at the end and
inserting a semicolon;
(ii) by striking ``shall be'' and inserting
the following:
``(I) before the date of the
enactment of the Wireless Innovation
and Public Safety Act of 2011, shall
be''; and
(iii) by adding at the end the following:
``(II) during the 10-year period
beginning on the date of the enactment
of the Wireless Innovation and Public
Safety Act of 2011, shall be
transferred to the Public Safety
Broadband Corporation established under
section 201(a)(1) of such Act for use
by the Corporation to carry out its
duties and responsibilities under
titles I and II of such Act; and
``(III) after such period, shall be
transferred to the general fund of the
Treasury for the sole purpose of
deficit reduction.'';
(3) in subparagraph (D)--
(A) by striking the heading and inserting
``Proceeds from reallocated federal spectrum'';
(B) by striking ``Cash'' and inserting the
following:
``(i) In general.--Except as provided in
clause (ii), cash''; and
(C) by adding at the end the following:
``(ii) Certain other proceeds.--Except as
provided in subparagraph (B), in the case of
proceeds (including deposits and upfront
payments from successful bidders) attributable
to the auction of eligible frequencies
described in paragraph (2) of section 113(g) of
the National Telecommunications and Information
Administration Organization Act that are
required to be auctioned by subsection (a)(1)
or (b)(1) of section 301 of the Wireless
Innovation and Public Safety Act of 2011, such
portion of such proceeds as is necessary to
cover the relocation costs and sharing costs
(as defined in paragraph (3) of such section
113(g)) of Federal entities relocated from or
sharing such eligible frequencies shall be
deposited in the Spectrum Relocation Fund. The
remainder of such proceeds shall be deposited
in the Public Safety Trust Fund established by
section 401(a)(1) of such Act.''; and
(4) by adding at the end the following new subparagraph:
``(F) Certain proceeds designated for public safety
trust fund.--Except as provided in subparagraphs (B)
and (D), the proceeds (including deposits and upfront
payments from successful bidders) from the use of a
system of competitive bidding under this subsection
pursuant to subsections (a)(1) and (b)(1) of section
301 of the Wireless Innovation and Public Safety Act of
2011 shall be deposited in the Public Safety Trust Fund
established by section 401(a)(1) of such Act.''.
(d) Extension of Auction Authority.--Section 309(j)(11) of the
Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by
striking ``2012'' and inserting ``2021''.
SEC. 302. INCENTIVE AUCTION AUTHORITY.
(a) In General.--Section 309(j)(8) of the Communications Act of
1934, as amended by section 301(c), is further amended by adding at the
end the following new subparagraph:
``(G) Incentive auction authority.--
``(i) In general.--If the Commission
determines that it is consistent with the
public interest in utilization of the spectrum
for a licensee to voluntarily relinquish some
or all of its licensed rights for the use of
spectrum in order to permit--
``(I) through competitive bidding
under this subsection, the assignment
of initial licenses subject to new
service rules, on a flexible-use basis
to the extent technologically feasible;
or
``(II) the allocation of spectrum
for unlicensed use;
the Commission may disburse to such licensee,
from the proceeds from competitive bidding for
any spectrum usage rights made available by
reason of relinquishments under this
subparagraph, an amount that the Commission
considers appropriate, based on the value of
the rights relinquished by such licensee.
``(ii) Factors for consideration.--In
considering whether to accept the voluntary
relinquishment of licensed spectrum usage
rights of a licensee and share proceeds with
such licensee under clause (i), the Commission
shall consider the following factors:
``(I) The conditions under which
such licensee could maintain the
license and whether such licensee is in
compliance with the license terms.
``(II) The extent to which such
relinquishment would serve the public
interest, convenience, and necessity.
``(iii) Coverage area requirements.--In
assigning licenses under this subparagraph, the
Commission shall make all reasonable efforts to
ensure that there is an adequate opportunity
for applicants to submit bids for licenses
covering both large and small geographic areas,
as such areas are determined by the Commission.
``(iv) Treatment of revenues.--Except as
provided in subparagraph (B), all proceeds
(including deposits and upfront payments from
successful bidders) from the auction of
spectrum usage rights made available by
relinquishments under this subparagraph shall
be deposited in the Public Safety Trust Fund
established by section 401(a)(1) of the
Wireless Innovation and Public Safety Act of
2011.''.
(b) Special Rules for Television Broadcast Spectrum.--
(1) General authority to reorganize.--In order to create a
geographically contiguous band of spectrum across the United
States, the Commission shall--
(A) create a framework to make available such
portions of the television broadcast spectrum as the
Commission considers appropriate; and
(B) require television broadcast station licensees
and other licensees to relocate, as the Commission
considers appropriate.
(2) Voluntary nature of incentive auctions.--Except as
provided in paragraphs (3) and (4), reclamation or modification
of spectrum usage rights of a television broadcast station
licensee for the purpose of providing spectrum usage rights to
carry out an incentive auction under subparagraph (G) of
section 309(j)(8) of the Communications Act of 1934, as added
by subsection (a), shall be on a voluntary basis.
(3) Reclamation in exchange for rights to substantially
equivalent spectrum.--
(A) In general.--The Commission may reclaim the
spectrum usage rights of a television broadcast station
licensee for the purpose of providing spectrum usage
rights to carry out an incentive auction under section
309(j)(8)(G) of the Communications Act of 1934 if the
Commission assigns to such licensee the rights to use
an identical amount of contiguous spectrum, in the same
geographic market.
(B) Substantial equivalence.--The Commission shall
ensure, to the extent technically feasible, in the
public interest, and consistent with the goals of the
auction, that spectrum usage rights assigned under
subparagraph (A) enable a licensee to offer service
that is substantially similar in service contour,
population covered, and amount of harmful interference
to the service offered by such licensee on the spectrum
the rights to which are reclaimed by the Commission
under such subparagraph.
(C) Relocation costs.--The costs incurred by a
licensee in relocating to an identical amount of
spectrum under subparagraph (A) shall be paid from the
Incentive Auction Relocation Fund established by
paragraph (6).
(4) Modification of rights and compensation.--
(A) Modification.--If the Commission determines
that it is in the public interest to modify the
spectrum usage rights of a television broadcast station
licensee for the purpose of providing spectrum usage
rights to carry out an incentive auction under section
309(j)(8)(G) of the Communications Act of 1934, the
Commission may make the modification and compensate
such licensee for the reduction in spectrum usage
rights from the Incentive Auction Relocation Fund
established by paragraph (6).
(B) Least modification technically feasible.--To
the extent technically feasible and in the public
interest, in making a modification of the spectrum
usage rights of a television broadcast station licensee
under subparagraph (A), the Commission shall make
reasonable efforts to--
(i) preserve the amount of population
covered by the signal of such licensee within
the service area of such licensee; and
(ii) avoid any substantial increase in
harmful interference to the signal of such
licensee as a result of the modification.
(5) Limitations.--
(A) Co-location.--In the reorganization of the
television broadcast spectrum under this subsection--
(i) the Commission may not involuntarily
co-locate multiple television broadcast station
licensees on the same channel; and
(ii) each television broadcast station
licensee voluntarily electing to be co-located
shall have the carriage rights under sections
338, 614, and 615 of the Communications Act of
1934 (47 U.S.C. 338; 534; 535) that it would
have had if it had been the sole television
broadcast station licensee located at the
shared location on November 30, 2010.
(B) No involuntary relocation from uhf to vhf.--In
the reorganization of the television broadcast spectrum
under this subsection, the Commission may not
involuntarily reassign a licensee from a television
channel located between 470 megahertz and 608 megahertz
to a television channel located between 54 megahertz
and 216 megahertz.
(6) Establishment of incentive auction relocation fund.--
(A) In general.--There is established in the
Treasury of the United States a fund to be known as the
Incentive Auction Relocation Fund.
(B) Deposits.--There shall be deposited in the
Incentive Auction Relocation Fund the amounts specified
in section 401(b)(2).
(C) Availability.--Amounts in the Incentive Auction
Relocation Fund shall be available to the Assistant
Secretary for use--
(i) without fiscal year limitation;
(ii) without further appropriation;
(iii) in the case of availability for
payment of the costs of a particular television
broadcast station licensee described in
subparagraph (D)(i)(I), for a period not to
exceed 18 months following the latest of--
(I) completion of the auction under
section 309(j) of the Communications
Act of 1934 (47 U.S.C. 309(j)) from
which such amounts were derived;
(II) the issuance by the Commission
to such licensee of a construction
permit to allow such licensee to change
channels or geographic locations; or
(III) notification by such licensee
to the Assistant Secretary that such
licensee has incurred or will incur
costs as a result of such a change;
(iv) in the case of availability for
payment of costs of a particular multichannel
video programming distributor described in
subparagraph (D)(i)(II), for a period not to
exceed 18 months following the later of--
(I) completion of the auction under
section 309(j) of the Communications
Act of 1934 (47 U.S.C. 309(j)) from
which such amounts were derived; or
(II) notification by such
multichannel video programming
distributor to the Assistant Secretary
that such multichannel video
programming distributor has incurred or
will incur such costs; and
(v) before January 1, 2018.
(D) Use of funds.--
(i) In general.--Amounts in the Incentive
Auction Relocation Fund may only be used by the
Assistant Secretary, in consultation with the
Commission, to cover--
(I) the costs, including the costs
of new equipment, installation, and
construction (including the costs of
tower, antenna, transmitter, and
transmission line upgrades), incurred
by television broadcast station
licensees as a result of--
(aa) relocation to an
identical amount of contiguous
spectrum under paragraph (3);
or
(bb) modification of
spectrum usage rights under
paragraph (4);
(II) the costs of multichannel
video programming distributors (as
defined in section 602(13) of the
Communications Act of 1934 (47 U.S.C.
522(13))) to continue complying with
any carriage obligations under sections
338, 614, and 615 of such Act (47
U.S.C. 338; 534; 535), if such costs
were incurred as a result of--
(aa) voluntary
relinquishment by television
broadcast station licensees of
spectrum usage rights under
section 309(j)(8)(G) of such
Act;
(bb) relocation of
television broadcast station
licensees to an identical
amount of contiguous spectrum
under paragraph (3); or
(cc) modification of the
spectrum usage rights of
television broadcast station
licensees under paragraph (4);
and
(III) the expenses incurred by the
Assistant Secretary in administering
the Fund.
(ii) Prohibition.--Amounts in the Incentive
Auction Relocation Fund may not be used to
cover--
(I) lost revenues; or
(II) costs incurred by a television
broadcast station licensee as a result
of a voluntary relinquishment of
rights.
(iii) Reasonableness.--The Assistant
Secretary may only make payments under clause
(i) to cover costs that were reasonably
incurred, as determined by the Assistant
Secretary, in consultation with the Commission.
(7) Confidentiality.--The Commission shall protect the
confidentiality of the identity of a television broadcast
station licensee offering to relinquish spectrum usage rights
under section 309(j)(8)(G) of the Communications Act of 1934
until the relinquishment becomes effective.
(8) Deadlines for reorganization of television broadcast
spectrum.--
(A) Rulemaking.--Not later than 18 months after the
date of the enactment of this Act, the Commission shall
complete a rulemaking proceeding to establish a process
for carrying out the reorganization of the television
broadcast spectrum under this subsection.
(B) Auctions.--The Commission shall take all
actions necessary in order to, with respect to the
portions of the television broadcast spectrum made
available through the reorganization under this
subsection--
(i) not later than January 31, 2016--
(I) commence the bidding process
under section 309(j)(8)(G) of the
Communications Act of 1934 to assign
initial licenses subject to new service
rules, on a flexible-use basis to the
extent technologically feasible; or
(II) allocate such spectrum for
unlicensed use; and
(ii) not later than June 30, 2016, deposit
the available proceeds in accordance with such
section.
(9) Limitation.--During the period beginning on the date of
the enactment of this Act and ending on June 30, 2016, the
Commission may conduct only 1 process involving reorganization
of the television broadcast spectrum under this subsection.
(10) Certain provisions inapplicable.--The following
provisions of the Communications Act of 1934 shall not apply in
the case of the reorganization of television broadcast spectrum
under this subsection or the auction under section 309(j)(8)(G)
of such Act of the spectrum made available through such
reorganization: section 307(b), the 2nd and 3rd sentences and
subparagraphs (A) and (F) of section 309(j)(3), subparagraphs
(A), (C), and (D) of section 309(j)(4), section 309(j)(15)(A),
section 316, and section 331.
(11) Definitions.--In this subsection:
(A) Television broadcast spectrum.--The term
``television broadcast spectrum'' means the portions of
the electromagnetic spectrum between the frequencies
from 54 megahertz to 72 megahertz, from 76 megahertz to
88 megahertz, from 174 megahertz to 216 megahertz, from
470 megahertz to 608 megahertz, and from 614 megahertz
to 698 megahertz.
(B) Television broadcast station licensee.--The
term ``television broadcast station licensee'' means
the licensee of--
(i) a full-power television station; or
(ii) low-power television station that has
been accorded primary status as a Class A
television licensee under section 73.6001(a) of
title 47, Code of Federal Regulations.
(12) Expiration.--The preceding paragraphs of this
subsection, except paragraphs (6) and (11), shall not apply
after June 30, 2016.
(c) Incentive Auctions To Repurpose Certain Mobile Satellite
Service Spectrum for Terrestrial Broadband Use.--
(1) In general.--To the extent that the Commission makes
available, after the date of the enactment of this Act, initial
spectrum licenses for the use of some or all of the spectrum
described in paragraph (2) for terrestrial broadband use, such
licenses shall be assigned through a system of competitive
bidding under section 309(j) of the Communications Act of 1934
(47 U.S.C. 309(j)), including, as appropriate, paragraph (8)(G)
of such section.
(2) Spectrum described.--The spectrum described in this
paragraph is the following:
(A) The frequencies from 1525 megahertz to 1544
megahertz, from 1545 megahertz to 1559 megahertz, from
1626.5 megahertz to 1645.5 megahertz, and from 1646.5
megahertz to 1660.5 megahertz (the L band).
(B) The frequencies from 1610 megahertz to 1626.5
megahertz and from 2483.5 megahertz to 2500 megahertz
(the Big LEO band).
(C) The frequencies from 2000 megahertz to 2020
megahertz and from 2180 megahertz to 2200 megahertz
(the S band).
(3) Retention of commission authority.--Nothing in this
subsection shall modify or restrict the authority of the
Commission to grant a waiver under section 316 of the
Communications Act of 1934 (47 U.S.C. 316) to an existing
mobile satellite service licensee to afford such licensee
additional flexibility to provide terrestrial broadband
services.
TITLE IV--PUBLIC SAFETY TRUST FUND
SEC. 401. PUBLIC SAFETY TRUST FUND.
(a) Establishment of Public Safety Trust Fund.--
(1) In general.--There is established in the Treasury of
the United States a trust fund to be known as the Public Safety
Trust Fund.
(2) Deposit of receipts.--
(A) In general.--There shall be deposited in the
Public Safety Trust Fund the proceeds from the auction
of spectrum required to be deposited in the Fund by
subparagraphs (D)(ii), (F), and (G) of section
309(j)(8) of the Communications Act of 1934, as added
by sections 301(c)(3)(C), 301(c)(4), and 302(a),
respectively.
(B) Availability.--Amounts deposited in the Public
Safety Trust Fund in accordance with subparagraph (A)
shall remain available through fiscal year 2021. After
the end of such fiscal year, such amounts shall be
deposited in the general fund of the Treasury, where
such amounts shall be dedicated for the sole purpose of
deficit reduction.
(b) Use of Fund.--Amounts deposited in the Public Safety Trust Fund
shall be used in the following manner:
(1) Payment of incentive amounts.--
(A) Disbursals.--Amounts in the Public Safety Trust
Fund shall be used to make the disbursals permitted by
section 309(j)(8)(G)(i) of the Communications Act of
1934 to licensees who voluntarily relinquished licensed
spectrum usage rights under such section.
(B) Notification to congress.--
(i) In general.--At least 3 months before
any incentive auction conducted under section
309(j)(8)(G) of the Communications Act of 1934,
the Chairman of the Commission, in consultation
with the Director of the Office of Management
and Budget, shall notify the appropriate
committees of Congress--
(I) of the methodology for
calculating any disbursals described in
subparagraph (A) that will be made from
the proceeds of such auction; and
(II) that such methodology
considers the value of the spectrum
voluntarily relinquished in its current
use and the timeliness with which the
licensee cleared its use of such
spectrum.
(ii) Definition.--In this subparagraph, the
term ``appropriate committees of Congress''
means--
(I) the Committee on Commerce,
Science, and Transportation of the
Senate;
(II) the Committee on
Appropriations of the Senate;
(III) the Committee on Energy and
Commerce of the House of
Representatives; and
(IV) the Committee on
Appropriations of the House of
Representatives.
(2) Incentive auction relocation fund.--Not less than 5
percent but not more than $1,000,000,000 of the amounts in the
Public Safety Trust Fund shall be deposited in the Incentive
Auction Relocation Fund established by section 302(b)(6)(A).
(3) State, local, and tribal planning and implementation
fund.--$250,000,000 shall be deposited in the State, Local, and
Tribal Planning and Implementation Fund established by section
211(a).
(4) Public safety broadband corporation.--$11,000,000,000
shall be deposited with the Public Safety Broadband Corporation
established under section 201(a) for ensuring the construction,
management, maintenance, and operation of the public safety
broadband network.
(5) Public safety research and development.--$40,000,000
per year for each of the fiscal years 2012 through 2016 shall
be made available for use by the Director of NIST to carry out
the research program established under section 221.
(6) NHTSA report on next generation 9-1-1 services.--
$2,000,000 shall be made available for fiscal years 2012 and
2013 for use by the Administrator of the National Highway
Traffic Safety Administration to prepare the report on Next
Generation 9-1-1 services required by section 237.
(7) Deficit reduction.--Any amounts remaining in the Public
Safety Trust Fund after the deduction of the amounts required
by paragraphs (1) through (6) shall be deposited in the general
fund of the Treasury, where such amounts shall be dedicated for
the sole purpose of deficit reduction.
(c) Investment.--Amounts in the Public Safety Trust Fund shall be
invested in accordance with section 9702 of title 31, United States
Code, and any interest on, and proceeds from, any such investment shall
be credited to, and become a part of, the Fund.
TITLE V--SPECTRUM POLICY
SEC. 501. SPECTRUM INVENTORY.
Part B of title I of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 921 et seq.) is
amended by adding at the end the following:
``SEC. 119. SPECTRUM INVENTORY.
``(a) Radio Spectrum Inventory.--In order to promote the efficient
use of the electromagnetic spectrum, the Assistant Secretary and the
Commission shall coordinate and carry out each of the following
activities not later than 1 year after the date of enactment of this
section:
``(1) Except as provided in subsection (e), create an
inventory of each radio spectrum band of frequencies listed in
the United States Table of Frequency Allocations, from 225
megahertz to, at a minimum, 3.7 gigahertz, and to 10 gigahertz
unless the Assistant Secretary and the Commission determine
that the burden of expanding the inventory outweighs the
benefit, that includes--
``(A) the radio services authorized to operate in
each band of frequencies;
``(B) the identity of each Federal or non-Federal
user within each such radio service authorized to
operate in each band of frequencies;
``(C) the activities, capabilities, functions, or
missions (including whether such activities,
capabilities, functions, or missions are space-based,
air-based, or ground-based) supported by the
transmitters, end-user terminals or receivers, or other
radio frequency devices authorized to operate in each
band of frequencies;
``(D) the total amount of spectrum, by band of
frequencies, assigned or licensed to each Federal or
non-Federal user (in percentage terms and in sum) and
the geographic areas covered by their respective
assignments or licenses; and
``(E) to the greatest extent possible--
``(i) the approximate number of
transmitters, end-user terminals or receivers,
or other radio frequency devices authorized to
operate, as appropriate to characterize the
extent of use of each radio service in each
band of frequencies;
``(ii) an approximation of the extent to
which each Federal or non-Federal user is
using, by geography, each band of frequencies,
such as the amount and percentage of time of
use, number of end users, or other measures as
appropriate to the particular band and radio
service;
``(iii) contour maps or other information
that illustrates the coverage area, receiver
performance, and other parameters relevant to
an assessment of the availability of spectrum
in each band;
``(iv) for each band or range of
frequencies, the identity of each entity
offering unlicensed services and the types and
approximate number of unlicensed intentional
radiators verified or certified by the
Commission that are authorized to operate; and
``(v) for non-Federal users, any commercial
names under which facilities-based service is
offered to the public using the spectrum of the
non-Federal user, including the commercial
names under which the spectrum is being offered
through resale.
``(2) Except as provided in subsection (e), create a
centralized portal or Web site to make the inventory of the
bands of frequencies required under paragraph (1) available to
the public.
``(b) Use of Agency Resources.--In creating the inventory described
in subsection (a)(1), the Assistant Secretary and the Commission shall
first use agency resources, including existing databases, field
testing, and recordkeeping systems, and only request information from
Federal and non-Federal users if such information cannot be obtained
using such agency resources.
``(c) Reports.--
``(1) In general.--Except as provided in subsection (e),
not later than 2 years after the date of enactment of this
section and biennially thereafter, the Assistant Secretary and
the Commission shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and to the
Committee on Energy and Commerce of the House of
Representatives containing--
``(A) the results of the inventory created under
subsection (a)(1), including any update to the
information in the inventory pursuant to subsection
(d);
``(B) a description of any information the
Assistant Secretary or the Commission determines is
necessary for such inventory but that is unavailable;
and
``(C) a description of any information not provided
by any Federal or non-Federal user in accordance with
subsections (e)(1)(B)(ii) and (e)(2)(C)(ii).
``(2) Relocation report.--
``(A) In general.--Except as provided in subsection
(e), the Assistant Secretary and the Commission shall
submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives
containing a recommendation of which spectrum, if any,
should be reallocated or otherwise made available for
shared access and an explanation of the basis for that
recommendation.
``(B) Deadlines.--The report required under
subparagraph (A) shall be submitted not later than 2
years after the date of enactment of this section and
every 2 years thereafter.
``(3) Inventory report.--If the Assistant Secretary and the
Commission have not conducted an inventory under subsection (a)
to 10 gigahertz at least 90 days before the third report
required under paragraph (1) is submitted, the Assistant
Secretary and the Commission shall include an evaluation in
such report and in every report thereafter of whether the
burden of expanding the inventory to 10 gigahertz outweighs the
benefit until such time as the Assistant Secretary and the
Commission have conducted the inventory to 10 gigahertz.
``(d) Maintenance and Updating of Information.--After the creation
of the inventory required by subsection (a)(1), the Assistant Secretary
and the Commission shall make all reasonable efforts to maintain and
update the information required under such subsection on a quarterly
basis, including when there is a transfer or auction of a license or a
change in a permanent assignment or license.
``(e) National Security and Public Safety Information.--
``(1) Nondisclosure.--
``(A) In general.--If the head of an executive
agency of the Federal Government determines that public
disclosure of certain information held by that agency
or a licensee of non-Federal spectrum and required by
subsection (a), (c), or (d) would reveal classified
national security information or other information for
which there is a legal basis for nondisclosure and such
public disclosure would be detrimental to national
security, homeland security, or public safety, the
agency head shall notify the Assistant Secretary of
that determination and shall include descriptions of
the activities, capabilities, functions, or missions
(including whether they are space-based, air-based, or
ground-based) supported by the information being
withheld.
``(B) Information provided.--The agency head shall
provide to the Assistant Secretary--
``(i) the publicly releasable information
required by subsection (a)(1);
``(ii) to the maximum extent practicable, a
summary description, suitable for public
release, of the classified national security
information or other information for which
there is a legal basis for nondisclosure; and
``(iii) a classified annex, under
appropriate cover, containing the classified
national security information or other
information for which there is a legal basis
for nondisclosure that the agency head has
determined must be withheld from public
disclosure.
``(2) Public safety nondisclosure.--
``(A) In general.--If a licensee of non-Federal
spectrum determines that public disclosure of certain
information held by that licensee and required to be
submitted by subsection (a), (c), or (d) would reveal
information for which public disclosure would be
detrimental to public safety, or the licensee is
otherwise prohibited by law from disclosing the
information, the licensee may petition the Commission
for a partial or total exemption from inclusion on the
centralized portal or Web site under subsection (a)(2)
and in the report required by subsection (c).
``(B) Burden.--The licensee seeking an exemption
under this paragraph bears the burden of justifying the
exemption and shall provide clear and convincing
evidence to support such an exemption.
``(C) Information required.--If an exemption is
granted under this paragraph, the licensee shall
provide to the Commission--
``(i) the publicly releasable information
required by subsection (a)(1) for the
inventory;
``(ii) to the maximum extent practicable, a
summary description, suitable for public
release, of the information for which public
disclosure would be detrimental to public
safety or the licensee is otherwise prohibited
by law from disclosing; and
``(iii) an annex, under appropriate cover,
containing the information that the Commission
has determined should be withheld from public
disclosure.
``(3) Additional disclosure.--The annexes required under
paragraphs (1)(B)(iii) and (2)(C)(iii) shall be provided to the
congressional committees listed in subsection (c), but shall
not be disclosed to the public under subsection (a) or
subsection (d) or provided to any unauthorized person through
any other means.
``(4) National security council consultation.--Prior to the
release of the inventory under subsection (a), any updates to
the inventory resulting from subsection (d), or the submission
of a report under subsection (c)(1), the Assistant Secretary
and the Commission shall consult with the National Security
Council for a period not to exceed 30 days for the purposes of
determining what additional information, if any, shall be
withheld from the public.
``(f) Proprietary Information.--In creating and maintaining the
inventory, centralized portal or Web site, and reports under this
section, the Assistant Secretary and the Commission shall follow their
rules and practice regarding confidential and proprietary information.
Nothing in this subsection shall be construed to compel the Commission
to make publicly available any confidential or proprietary
information.''.
SEC. 502. FEDERAL SPECTRUM PLANNING.
(a) Review of Evaluation Process.--Not later than 6 months after
the date of enactment of this Act, the Comptroller General of the
United States shall--
(1) conduct a review of the processes that Federal entities
utilize to evaluate the spectrum needs of such entities;
(2) make recommendations on how to improve such processes;
and
(3) submit to the appropriate committees of Congress a
report on the review and recommendations made pursuant to
paragraphs (1) and (2).
(b) Revision of Evaluation Process.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, each Federal entity shall update or
revise the process used by such entity to evaluate the proposed
spectrum needs of such entity, or establish such a process,
taking into account any applicable recommendations made in the
report required by subsection (a).
(2) Required inclusions.--
(A) Analysis of options.--Each process described in
paragraph (1), whether newly established, updated, or
revised, shall include an analysis and assessment of--
(i) the options available to the Federal
entity to obtain communications services that
are the most spectrum-efficient; and
(ii) the effective alternatives available
to such entity that will permit the entity to
continue to satisfy the mission requirements of
the entity.
(B) Analysis submitted to ntia.--The analysis and
assessment carried out under subparagraph (A) shall be
submitted by the Federal entity to the Assistant
Secretary at the same time that the entity seeks
certification or recertification, if applicable, of
spectrum support from the NTIA pursuant to the
requirements of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
901 et seq.) and OMB Circular A-11.
(c) Spectrum Plans of Federal Entities.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter, each
Federal entity shall provide an entity-specific strategic
spectrum plan to the Assistant Secretary and the Director of
the Office of Management and Budget.
(2) Required inclusions.--Each strategic spectrum plan
submitted under paragraph (1) shall include--
(A) the spectrum requirements of the entity;
(B) the planned uses of new technologies or
expanded services requiring spectrum over a period of
time to be determined by the entity;
(C) suggested spectrum-efficient approaches to
meeting the spectrum requirements identified under
subparagraph (A); and
(D) progress reports on the activities of the
entity to improve its spectrum management.
(d) Classified National Security Information and Certain Other
Information.--
(1) In general.--The head of a Federal entity shall take
the actions described in paragraph (2) if such head determines
that disclosure of information required by subsection (c) would
reveal--
(A) information that is classified in accordance
with Executive Order 13526 (75 Fed. Reg. 707) or any
successor Executive order establishing or modifying the
uniform system for classifying, safeguarding, and
declassifying national security information; or
(B) other information for which there is a legal
basis for nondisclosure and the public disclosure of
which would be detrimental to national security,
homeland security, or public safety.
(2) Actions described.--The actions described in this
paragraph are the following:
(A) Notification to the Assistant Secretary of the
determination under paragraph (1).
(B) Provision to the Assistant Secretary of--
(i) the publicly releasable information
required by subsection (c);
(ii) to the maximum extent practicable, a
summary description, suitable for public
release, of the classified information or other
information for which there is a legal basis
for nondisclosure; and
(iii) a classified annex, under appropriate
cover, containing the classified information or
other information for which there is a legal
basis for nondisclosure that the head of the
Federal entity has determined must be withheld
from public disclosure.
(3) Annex restriction.--The Assistant Secretary shall make
an annex described in paragraph (2)(B)(iii) available to the
Secretary of Commerce and the Director of the Office of
Management and Budget. Neither the Assistant Secretary, the
Secretary of Commerce, nor the Director of the Office of
Management and Budget may make any such annex available to the
public or to any unauthorized person through any other means.
(e) Federal Strategic Spectrum Plan.--
(1) Development and submission.--
(A) In general.--The Secretary of Commerce shall
develop a Federal Strategic Spectrum Plan, in
coordination with the Assistant Secretary and the
Director of the Office of Management and Budget.
(B) Submission to congress.--Not later than 6
months after the date by which the initial entity-
specific strategic spectrum plans are required to be
submitted to the Assistant Secretary under subsection
(c)(1), the Secretary of Commerce shall, consistent
with the requirements set forth in subsection (d)(3),
submit the Federal Strategic Spectrum Plan developed
under subparagraph (A) to the appropriate committees of
Congress.
(C) Nondisclosure of annexes.--The Federal
Strategic Spectrum Plan required to be submitted under
subparagraph (B) shall be submitted in unclassified
form, but shall include, if appropriate, 1 or more
annexes as provided for by subsection (d)(2)(B)(iii).
No congressional committee may make any such annex
available to the public or to any unauthorized person.
(D) Classified annexes.--If the Federal Strategic
Spectrum Plan includes a classified annex as provided
for by subsection (d)(2)(B)(iii), the Secretary of
Commerce shall--
(i) submit the classified annex only to the
appropriate committees of Congress with primary
oversight jurisdiction for the user entities or
licensees concerned; and
(ii) provide notice of the submission to
the other appropriate committees of Congress.
(E) Definition.--In this subsection, the term
``appropriate committees of Congress'' means the
Committee on Commerce, Science, and Transportation of
the Senate, the Committee on Energy and Commerce of the
House of Representatives, and any other congressional
committee with primary oversight jurisdiction for the
user entity or licensees concerned.
(2) Incorporation of entity plans.--The Federal Strategic
Spectrum Plan developed under paragraph (1)(A) shall
incorporate, consistent with the requirements of subsection
(d)(3), the initial entity-specific strategic spectrum plans
submitted under subsection (c)(1).
(3) Required inclusions.--The Federal Strategic Spectrum
Plan developed under paragraph (1)(A) shall include--
(A) information on how spectrum assigned to and
used by Federal entities is being used;
(B) opportunities to increase efficient use of
infrastructure and spectrum assigned to and used by
Federal entities;
(C) an assessment of the future spectrum needs of
the Federal Government; and
(D) plans to incorporate such needs in the
frequency assignment, equipment certification, and
review processes of the Assistant Secretary.
(4) Updates.--The Secretary of Commerce shall revise and
update the Federal Strategic Spectrum Plan developed under
paragraph (1)(A) to take into account the biennial submission
of the entity-specific strategic spectrum plans submitted under
subsection (c)(1).
(f) National Strategic Spectrum Plan.--
(1) In general.--Not later than 4 years after the date of
enactment of this Act, and every 4 years thereafter, the
Assistant Secretary and the Commission, in consultation with
other Federal departments and agencies, State, local, and
tribal entities, and commercial spectrum interests, shall
develop a quadrennial National Strategic Spectrum Plan.
(2) Required inclusion.--A National Strategic Spectrum Plan
developed under paragraph (1) shall include the following:
(A) The Federal Strategic Spectrum Plan developed
under paragraph (1)(A) of subsection (e), as updated
under paragraph (4) of such subsection.
(B) Long-range spectrum planning for both Federal
and non-Federal users, including commercial users and
State and local government users.
(C) An identification of new technologies or
expanded services requiring spectrum.
(D) An identification and analysis of the nature
and characteristics of the new radio communication
systems required and the nature and characteristics of
the spectrum required.
(E) An identification and analysis of efficient
approaches to meeting the future spectrum requirements
of all users, including--
(i) requiring certain standards-based
technologies that improve spectrum
efficiencies;
(ii) spectrum sharing and reuse
opportunities;
(iii) possible reallocation; and
(iv) any other approaches that promote
efficient use of spectrum.
(F) An evaluation of current spectrum auction
processes to determine the effectiveness of such
processes in--
(i) promoting competition;
(ii) improving the efficiency of spectrum
use; and
(iii) maximizing the full economic value of
the spectrum to consumers, industry, and
taxpayers.
SEC. 503. REALLOCATING FEDERAL SPECTRUM FOR COMMERCIAL PURPOSES AND
FEDERAL SPECTRUM SHARING.
(a) Eligible Federal Entities.--Section 113(g)(1) of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 923(g)(1)) is amended to read as follows:
``(1) Eligible federal entities.--Any Federal entity that
operates a Federal Government station authorized to use a band
of frequencies specified in paragraph (2) and that incurs
relocation costs or sharing costs because of planning for a
potential auction of spectrum frequencies, a planned auction of
spectrum frequencies, or the reallocation of spectrum
frequencies from Federal use to exclusive non-Federal use or to
shared use shall receive payment for such relocation costs or
sharing costs from the Spectrum Relocation Fund, in accordance
with section 118. For purposes of this paragraph, Federal power
agencies exempted under subsection (c)(4) that choose to
relocate from the frequencies identified for reallocation
pursuant to subsection (a) are eligible to receive payment
under this paragraph.''.
(b) Eligible Frequencies.--Section 113(g)(2)(B) of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 923(g)(2)(B)) is amended to read as follows:
``(B) any other band of frequencies reallocated
from Federal use to non-Federal or shared use, whether
for licensed or unlicensed use, after January 1, 2003,
that is assigned--
``(i) by competitive bidding pursuant to
section 309(j) of the Communications Act of
1934 (47 U.S.C. 309(j)); or
``(ii) as a result of an Act of Congress or
any other administrative or executive
direction.''.
(c) Relocation Costs and Sharing Costs Defined.--Section 113(g)(3)
of the National Telecommunications and Information Administration
Organization Act (47 U.S.C. 923(g)(3)) is amended to read as follows:
``(3) Relocation costs and sharing costs defined.--
``(A) In general.--For purposes of this subsection,
the term `relocation costs' or `sharing costs' means
the costs incurred by a Federal entity in connection
with the auction (or a potential or planned auction) of
spectrum frequencies previously assigned to such
entity, or the sharing of spectrum frequencies assigned
to such entity (including the auction or a potential or
planned auction of the rights to use spectrum
frequencies on a shared basis with such entity),
respectively, in order to achieve comparable capability
of systems as before the relocation or the sharing
arrangement. Such term includes, with respect to
relocation or sharing, as the case may be--
``(i) the costs of any modification or
replacement of equipment, spares, associated
ancillary equipment, software, facilities,
operating manuals, training costs, or
regulations that are attributable to relocation
or sharing;
``(ii) the costs of all engineering,
equipment, software, site acquisition, and
construction, as well as any legitimate and
prudent transaction expense, including term-
limited Federal civil servant and contractor
staff necessary to carry out the relocation or
sharing activities of an eligible Federal
entity, and reasonable additional costs
incurred by the Federal entity that are
attributable to relocation or sharing,
including increased recurring costs associated
with the replacement of facilities;
``(iii) the costs of research, engineering
studies, economic analyses, or other expenses
reasonably incurred in connection with--
``(I) calculating the estimated
relocation costs or sharing costs that
are provided to the Commission pursuant
to paragraph (4);
``(II) determining the technical or
operational feasibility of relocation
to 1 or more potential relocation
bands; or
``(III) planning for or managing a
relocation or sharing project
(including spectrum coordination with
auction winners) or potential
relocation or sharing project;
``(iv) the one-time costs of any
modification of equipment reasonably
necessary--
``(I) to accommodate commercial use
of shared frequencies; or
``(II) in the case of eligible
frequencies reallocated for exclusive
commercial use and assigned through a
competitive bidding process under
section 309(j) of the Communications
Act of 1934 (47 U.S.C. 309(j)) but with
respect to which a Federal entity
retains primary allocation or protected
status for a period of time after the
completion of the competitive bidding
process, to accommodate shared Federal
and non-Federal use of such frequencies
for such period;
``(v) the costs associated with the
accelerated replacement of systems and
equipment if such acceleration is necessary to
ensure the timely relocation of systems to a
new frequency assignment or the timely
accommodation of sharing of Federal
frequencies; and
``(vi) the costs of the use of commercial
systems (including systems not utilizing
spectrum) to replace Federal systems
discontinued or relocated pursuant to this Act,
including lease (including lease of land),
subscription, and equipment costs over an
appropriate period, such as the anticipated
life of an equivalent Federal system or other
period determined by the Director of the Office
of Management and Budget.
``(B) Comparable capability of systems.--For
purposes of subparagraph (A), comparable capability of
systems--
``(i) may be achieved by relocating a
Federal Government station to a new frequency
assignment, by relocating a Federal Government
station to a different geographic location, by
modifying Federal Government equipment to
mitigate interference or use less spectrum, in
terms of bandwidth, geography, or time, and
thereby permitting spectrum sharing (including
sharing among relocated Federal entities and
incumbents to make spectrum available for non-
Federal use) or relocation, or by utilizing an
alternative technology; and
``(ii) includes the acquisition of state-
of-the-art replacement systems intended to meet
comparable operational scope, which may include
incidental increases in functionality.''.
(d) Certain Procedural Requirements.--Section 113(g) of the
National Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(g)) is amended--
(1) in paragraph (4)(A)--
(A) by inserting ``or sharing costs'' after
``relocation costs''; and
(B) by inserting ``or sharing'' after ``such
relocation'';
(2) in paragraph (5)--
(A) by inserting ``or sharing costs'' after
``relocation costs''; and
(B) by inserting ``or sharing'' after ``for
relocation''; and
(3) in paragraph (6)--
(A) in the 1st sentence, by inserting ``and the
timely implementation of arrangements for the sharing
of such frequencies'' before the period at the end;
(B) in the 2nd sentence--
(i) by striking ``by relocating to a new
frequency assignment or by utilizing an
alternative technology'';
(ii) by inserting ``or limit'' after
``terminate''; and
(iii) by inserting ``or sharing arrangement
has been implemented'' before the period at the
end; and
(C) in the 3rd sentence, by inserting ``or
sharing'' after ``relocation''.
(e) Spectrum Sharing Agreements.--Section 113(g) of the National
Telecommunications and Information Administration Organization Act, as
amended by subsection (d), is further amended by adding at the end the
following:
``(7) Spectrum sharing agreements.--A Federal entity is
permitted to allow access to its frequency assignments by a
non-Federal entity upon approval of the NTIA, in consultation
with the Director of the Office of Management and Budget. Such
non-Federal entities shall comply with all applicable rules of
the Commission and the NTIA, including any regulations
promulgated pursuant to this section. Any remuneration
associated with such access shall be deposited into the
Spectrum Relocation Fund established under section 118. The
costs incurred by a Federal entity as a result of allowing such
access are sharing costs for which the entity is eligible for
payment from the Fund for the purposes specified in paragraph
(3). The revenue associated with such access shall be at least
110 percent of the estimated Federal costs.''.
(f) Spectrum Relocation Fund.--Section 118 of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 928) is amended--
(1) in subsection (b), by inserting before the period at
the end the following: ``and any payments made by non-Federal
entities for access to Federal spectrum pursuant to section
113(g)(7)'';
(2) by amending subsection (c) to read as follows:
``(c) Use of Funds.--
``(1) Funds from auctions.--The amounts in the Fund from
auctions of eligible frequencies are authorized to be used to
pay relocation costs or sharing costs, as defined in section
113(g)(3), of an eligible Federal entity incurring such costs
with respect to relocation from any eligible frequency or the
sharing of such frequency.
``(2) Funds from payments by non-federal entities.--The
amounts in the Fund from payments by non-Federal entities for
access to Federal spectrum pursuant to section 113(g)(7) are
authorized to be used to pay the sharing costs, as defined in
section 113(g)(3), of an eligible Federal entity incurring such
costs with respect to such access.
``(3) Transfer of funds.--
``(A) In general.--Subject to subparagraph (B), the
Director of OMB may transfer at any time (including
prior to any auction or contemplated auction or sharing
initiative) such sums as may be available in the Fund
to an eligible Federal entity to pay eligible
relocation costs or sharing costs related to pre-
auction estimates or research, as such costs are
described in section 113(g)(3)(A)(iii).
``(B) Notification.--No funds may be transferred
pursuant to subparagraph (A) unless the notification
provided under subsection (d)(2)(B) includes a
certification from the Director of OMB that--
``(i) funds transferred before an auction
will likely allow for timely implementation of
relocation or sharing, thereby increasing net
expected auction proceeds by an amount equal to
or greater than the time value of the amount of
funds transferred; and
``(ii) the auction is intended to occur not
later than 5 years after transfer of funds.
``(C) Applicability.--
``(i) Prior costs incurred.--The Director
of OMB may transfer up to $10,000,000 from the
Fund to eligible Federal entities for eligible
relocation costs or sharing costs related to
pre-auction estimates or research, as such
costs are described in section
113(g)(3)(A)(iii), for costs incurred prior to
the date of the enactment of the Wireless
Innovation and Public Safety Act of 2011, but
after June 28, 2010.
``(ii) Supplement not supplant.--Any
amounts transferred by the Director of OMB
pursuant to clause (i) shall be in addition to
any amounts that the Director of OMB may
transfer for costs incurred after the date of
the enactment of the Wireless Innovation and
Public Safety Act of 2011.'';
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``and sharing
costs'' after ``relocation costs'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``or
sharing'' before the semicolon; and
(ii) in subparagraph (B)--
(I) by inserting ``or sharing
costs'' after ``relocation costs''; and
(II) by inserting ``or sharing''
before the period at the end; and
(C) by amending paragraph (3) to read as follows:
``(3) Reversion of unused funds.--
``(A) In general.--Any amounts in the Fund that are
remaining after the payment of the relocation costs and
sharing costs that are payable from the Fund shall
revert to and be deposited in the general fund of the
Treasury not later than 8 years after the date of the
deposit of such proceeds to the Fund, unless within 60
days in advance of the reversion of such funds, the
Director of OMB, in consultation with the NTIA,
notifies the appropriate committees of Congress that
such funds are needed to complete or to implement
current or future relocations or sharing initiatives.
``(B) Definition.--In this paragraph, the term
`appropriate committees of Congress' means--
``(i) the Committee on Appropriations of
the Senate;
``(ii) the Committee on Commerce, Science,
and Transportation of the Senate;
``(iii) the Committee on Appropriations of
the House of Representatives; and
``(iv) the Committee on Energy and Commerce
of the House of Representatives.'';
(4) in subsection (e)(2)--
(A) by inserting ``or sharing costs'' after
``relocation costs'';
(B) by striking ``entity's relocation'' and
inserting ``relocation of the entity or implementation
of the sharing arrangement by the entity''; and
(C) by inserting ``or the implementation of such
arrangement'' after ``such relocation''; and
(5) by adding at the end the following:
``(f) Additional Payments From the Fund.--
``(1) Amounts available.--Notwithstanding subsections (c)
through (e), after the date of the enactment of the Wireless
Innovation and Public Safety Act of 2011, and following the
credit of any amounts specified in subsection (b), there are
hereby appropriated from the Fund and available to the Director
of OMB--
``(A) up to 10 percent of the amounts deposited in
the Fund from the auction of licenses for frequencies
of spectrum vacated by Federal entities; and
``(B) up to 10 percent of the amounts deposited in
the Fund by non-Federal entities for sharing of Federal
spectrum.
``(2) Use of amounts.--The Director of OMB, in consultation
with the NTIA, may use such amounts to make payments to
eligible Federal entities for the purpose of encouraging timely
access to such spectrum, provided that--
``(A) any such payment by the Director of OMB is
based on the market value of the spectrum, the
timeliness with which the Federal entity cleared its
use of such spectrum, and the need for such spectrum in
order for the Federal entity to conduct its essential
missions;
``(B) any such payment by the Director of OMB is
used to carry out--
``(i) the purposes specified in clauses (i)
through (vi) of section 113(g)(3)(A) to achieve
enhanced capability for those systems affected
by reallocation of Federal spectrum for
commercial use, or by sharing of Federal
frequencies with non-Federal entities; and
``(ii) other communications, radar, and
spectrum-using investments not directly
affected by such reallocation or sharing but
essential for the missions of the Federal
entity that is relocating its systems or
sharing frequencies;
``(C) the amount remaining in the Fund after any
such payment by the Director of OMB is not less than 10
percent of the winning bids in the relevant auction, or
is not less than 10 percent of the payments from non-
Federal entities in the relevant sharing agreement;
``(D) any such payment by the Director of OMB shall
not be made until 30 days after the Director has
notified the Committees on Appropriations and Commerce,
Science, and Transportation of the Senate, and the
Committees on Appropriations and Energy and Commerce of
the House of Representatives; and
``(E) the Director of OMB shall make available from
such amounts not more than $3,000,000 per year for each
of the fiscal years 2012 through 2016 for use by the
Assistant Secretary in carrying out the spectrum
management activities of the Assistant Secretary under
title V of the Wireless Innovation and Public Safety
Act of 2011.''.
(g) Public Disclosure and Nondisclosure.--If the head of an
executive agency of the Federal Government determines that public
disclosure of any information contained in a notification or report
required by section 113 or 118 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 923; 928) would
reveal classified national security information or other information
for which there is a legal basis for nondisclosure and such public
disclosure would be detrimental to national security, homeland
security, public safety, or jeopardize law enforcement investigations,
the head of the executive agency shall notify the Assistant Secretary
of that determination prior to release of such classified information
or other information. In that event, such classified information or
other information shall be included in a separate annex, as needed.
These annexes shall be provided to the subcommittee of primary
jurisdiction of the congressional committee of primary jurisdiction in
accordance with appropriate national security stipulations but shall
not be disclosed to the public or provided to any unauthorized person
through any other means.
SEC. 504. STUDY ON SPECTRUM EFFICIENCY THROUGH RECEIVER STANDARDS.
(a) In General.--The Comptroller General of the United States shall
conduct a study on efforts to ensure that each transmission system that
employs radio spectrum is designed and operated so that reasonable use
of adjacent spectrum does not excessively impair the functioning of
such system.
(b) Required Considerations.--At a minimum, the study required by
subsection (a) shall consider--
(1) the value of--
(A) improving receiver standards as it relates to
increasing spectral efficiency;
(B) improving operation of services in adjacent
frequencies;
(C) narrowing the guard bands between adjacent
spectrum use; and
(D) improving overall receiver performance for the
end user;
(2) the role of manufacturers, commercial licensees, and
government users with respect to their transmission systems and
use of adjacent spectrum described in subsection (a);
(3) the feasibility of industry self-compliance with
respect to the design and operational requirements of
transmission systems and the reasonable use of adjacent
spectrum described in subsection (a); and
(4) the value of action by the Commission and the Assistant
Secretary to establish, by rule, technical requirements or
standards for non-Federal and Federal use, respectively, with
respect to the reasonable use of adjacent spectrum described in
subsection (a).
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit a
report to the appropriate committees of Congress on the results of the
study required by subsection (a).
(d) Definition.--For purposes of this section, the term
``transmission system'' means any telecommunications, broadcast,
satellite, commercial mobile service, or other communications system
that employs radio spectrum.
SEC. 505. STUDY ON UNLICENSED USE IN THE 5 GHZ BAND.
(a) In General.--The Assistant Secretary and the Commission shall,
in consultation with the Secretary of Transportation and other
stakeholders, conduct a study evaluating known and proposed spectrum-
sharing technologies and the risk to Federal and primary users if
unlicensed U-NII devices were allowed to operate in the 5350-5470 MHz
band and the 5850-5925 MHz band.
(b) Submission.--Not later than 8 months after the date of the
enactment of this Act, the Assistant Secretary and the Commission,
acting jointly or separately, shall report on their findings under
subsection (a) to the appropriate committees of Congress.
(c) Definitions.--In this section:
(1) 5350-5470 mhz band.--The term ``5350-5470 MHz band''
means the portion of the electromagnetic spectrum between the
frequencies from 5350 megahertz to 5470 megahertz.
(2) 5850-5925 mhz band.--The term ``5850-5925 MHz band''
means the portion of the electromagnetic spectrum between the
frequencies from 5850 megahertz to 5925 megahertz.
(3) U-NII devices.--The term ``U-NII devices'' has the
meaning given such term in section 15.403(s) of title 47, Code
of Federal Regulations, except for the frequency bands
specified in such section.
SEC. 506. REPORT ON AVAILABILITY OF WIRELESS EQUIPMENT FOR THE 700 MHZ
BAND.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, and every 6 months thereafter until January 1,
2016, the Commission shall prepare and submit to the appropriate
committees of Congress a report on--
(1) the availability of wireless equipment capable of
operating over all spectrum between the frequencies from 698
megahertz to 806 megahertz that is allocated by the Commission
for paired commercial or public safety use; and
(2) the potential availability of wireless equipment
capable of operating over spectrum made available through
reorganization of the television broadcast spectrum under
section 302(b) and the auction of such spectrum under
subparagraph (G) of section 309(j)(8) of the Communications Act
of 1934, as added by section 302(a).
(b) Contents.--The Commission shall seek input from the commercial
mobile data service industry and include in the report required by
subsection (a) an assessment of--
(1) the technical feasibility, and the potential impact on
costs, size, battery consumption, and any other factor the
Commission considers appropriate, of making equipment capable
of operating over some or all of the spectrum described in
paragraph (1) of such subsection;
(2) the timeframe for when wireless equipment capable of
operating over some or all of such spectrum will be available;
and
(3) the feasibility of and progress towards making
available wireless equipment that is capable of operating over
some or all of the spectrum described in paragraph (2) of such
subsection.
<all>