[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2555 Introduced in Senate (IS)]
<DOC>
114th CONGRESS
2d Session
S. 2555
To provide opportunities for broadband investment, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 11, 2016
Mr. Thune (for himself and Mr. Nelson) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To provide opportunities for broadband investment, 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 ``Making
Opportunities for Broadband Investment and Limiting Excessive and
Needless Obstacles to Wireless Act'' or the ``MOBILE NOW Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Making 500 megahertz available.
Sec. 4. Millimeter wave evaluation.
Sec. 5. Reports on 3 gigahertz bands.
Sec. 6. Distributed antenna systems and small cell infrastructure.
Sec. 7. Communications facilities deployment on Federal property.
Sec. 8. Dig once.
Sec. 9. National broadband facilities asset database.
Sec. 10. Reallocation incentives.
Sec. 11. Bidirectional sharing study.
Sec. 12. Unlicensed services in guard bands.
Sec. 13. Pre-auction funding.
Sec. 14. Immediate transfer of funds.
Sec. 15. Amendments to the Spectrum Pipeline Act of 2015.
Sec. 16. Rules of construction.
Sec. 17. Relationship to Middle Class Tax Relief and Job Creation Act
of 2012.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives; and
(C) each committee of the Senate or of the House of
Representatives with jurisdiction over a Federal entity
affected by the applicable section in which the term
appears.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Federal entity.--The term ``Federal entity'' has the
meaning given the term in section 113(l) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(l)).
(4) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration of the
Department of Commerce.
(5) OMB.--The term ``OMB'' means the Office of Management
and Budget.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 3. MAKING 500 MEGAHERTZ AVAILABLE.
(a) Requirements.--
(1) In general.--Consistent with the Presidential
Memorandum of June 28, 2010, entitled ``Unleashing the Wireless
Broadband Revolution'' and establishing a goal of making a
total of 500 megahertz of Federal and non-Federal spectrum
available for wireless broadband use by 2020, not later than
December 31, 2020, the Secretary, working through the NTIA, and
the Commission shall make available a total of at least 255
megahertz of Federal and non-Federal spectrum below the
frequency of 6000 megahertz for mobile and fixed wireless
broadband use.
(2) Availability.--The spectrum made available under
paragraph (1) shall be made available to be licensed by the
Commission for exclusive use, or made available on a licensed
or unlicensed basis for shared use by non-Federal and Federal
users, to enable the deployment of wireless broadband services.
(3) Non-eligible bands.--For purposes of satisfying the
requirement under paragraph (1), the following spectrum bands
shall not be counted:
(A) The band between 1695 and 1710 megahertz.
(B) The band between 1755 and 1780 megahertz.
(C) The band between 2155 and 2180 megahertz.
(D) The band between 3550 and 3700 megahertz.
(4) Relocation prioritized over sharing.--This section
shall be carried out in accordance with section 113(j) of the
National Telecommunications and Information Administration
Organization Act (47 U.S.C. 923(j)).
(5) Considerations.--In making spectrum available under
this section, the Secretary and Commission shall consider--
(A) the need to preserve critical existing and
planned Federal Government capabilities;
(B) the impact on existing State, local, and tribal
government capabilities;
(C) the international implications; and
(D) the need for appropriate enforcement mechanisms
and authorities.
(b) Rules of Construction.--Nothing in this section shall be
construed--
(1) to impair or otherwise affect the functions of the
Director of OMB relating to budgetary, administrative, or
legislative proposals;
(2) to require the disclosure of classified information,
law enforcement sensitive information, or other information
that must be protected in the interest of national security; or
(3) to affect any requirement under section 156 of the
National Telecommunications and Information Administration
Organization Act (47 U.S.C. 921 note), as added by section
1062(a) of the National Defense Authorization Act for Fiscal
Year 2000, or any other relevant statutory requirement
applicable to the reallocation of Federal spectrum.
SEC. 4. MILLIMETER WAVE EVALUATION.
(a) Feasibility Assessment.--Not later than 18 months after the
date of enactment of this Act or December 31, 2017, whichever comes
earlier, the NTIA, in consultation with the Commission, shall conduct a
feasibility assessment regarding the impact of authorizing mobile or
fixed terrestrial wireless operations, including for advanced mobile
service operations, on Federal entities and operations in any of the
following frequencies with Federal allocations:
(1) The band between 24250 and 24450 megahertz.
(2) The band between 25050 and 25250 megahertz.
(3) The band between 31800 and 33400 megahertz.
(4) The band between 42000 and 42500 megahertz.
(5) The band between 71000 and 76000 megahertz.
(6) The band between 81000 and 86000 megahertz.
(b) Requirements.--In conducting the feasibility assessment under
subsection (a), the NTIA shall--
(1) consult directly with Federal entities with respect to
frequencies with Federal allocations identified in that
subsection;
(2) consider what, if any, impact authorizing mobile or
fixed terrestrial wireless operations, including advanced
mobile services operations, in any of the bands described in
that subsection would have on an affected Federal entity;
(3) consider how the bands described in that subsection may
be used to provide commercial wireless broadband service,
including whether--
(A) such spectrum may be best used for licensed or
unlicensed services, or some combination thereof; and
(B) to permit additional licensed operations in
such bands on a shared basis; and
(4) identify any bands, or a portion thereof, described in
that subsection that the NTIA assessment determines are
feasible for authorizing for mobile or fixed terrestrial
wireless operations, including any advanced mobile service
operations.
(c) Report to Congress.--Not later than 30 days after the date the
feasibility assessment under subsection (a) is complete, the NTIA shall
submit to the appropriate committees of Congress a report on the
feasibility assessment.
(d) FCC Proceeding.--Not later than 2 years after the date of
enactment of this Act, the Commission, in consultation with the NTIA,
shall publish a notice of proposed rulemaking to consider service rules
to authorize mobile or fixed terrestrial wireless operations, including
for advanced mobile service operations, in the following radio
frequency bands:
(1) The band between 24250 and 24450 megahertz, except for
any frequencies with Federal allocations.
(2) The band between 25050 and 25250 megahertz, except for
any frequencies with Federal allocations.
(3) The band between 31800 and 33400 megahertz, except for
any frequencies with Federal allocations.
(4) The band between 42000 and 42500 megahertz, except for
any frequencies with Federal allocations.
(5) The band between 71000 and 76000 megahertz, except for
any frequencies with Federal allocations.
(6) The band between 81000 and 86000 megahertz, except for
any frequencies with Federal allocations.
(7) Any bands identified as feasible under subsection
(b)(4).
(e) Considerations.--In conducting the rulemaking under subsection
(d), the Commission shall--
(1) consult with Federal entities via the NTIA regarding
the bands described in subsection (d)(7);
(2) consider how the bands described in subsection (d) may
be used to provide commercial wireless broadband service,
including whether--
(A) such spectrum may be best used for licensed or
unlicensed services, or some combination thereof; and
(B) to permit additional licensed operations in
such bands on a shared basis; and
(3) include technical characteristics under which the bands
described in subsection (d) may be employed for mobile or fixed
terrestrial wireless operations, including any appropriate
coexistence requirements.
SEC. 5. REPORTS ON 3 GIGAHERTZ BANDS.
(a) Between 3100 Megahertz and 3550 Megahertz.--Not later than 3
years after the date of enactment of this Act, and in consultation with
the Commission and the head of each affected Federal agency (or a
designee thereof), the Secretary shall submit to the President and the
appropriate committees of Congress a report evaluating the feasibility
of allowing commercial wireless services, licensed or unlicensed, to
share use of the frequencies between 3100 megahertz and 3550 megahertz.
(b) Between 3700 Megahertz and 4200 Megahertz.--Not later than 3
years after the date of enactment of this Act, and in consultation with
the Secretary and the head of each affected Federal agency (or a
designee thereof), the Commission shall submit to the President and the
appropriate committees of Congress a report evaluating the feasibility
of allowing commercial wireless services, licensed or unlicensed, to
share use of the frequencies between 3700 megahertz and 4200 megahertz.
(c) Requirements.--A report under subsection (a) or subsection (b)
shall include the following:
(1) An assessment of the operations of Federal entities
that operate Federal Government stations authorized to use the
frequencies described in that subsection.
(2) An assessment of the possible impacts of such sharing
on Federal and non-Federal users already operating on the
frequencies described in that subsection.
(3) The criteria that may be necessary to ensure shared
licensed or unlicensed services would not cause harmful
interference to Federal or non-Federal users already operating
in the frequencies described in that subsection.
(4) If such sharing is feasible, an identification of which
of the frequencies described in that subsection are most
suitable for sharing with commercial wireless services.
(d) Plans for Auction of Certain Spectrum.--The Commission shall
include any spectrum identified under subsection (c)(4) for assignment
of new licenses for non-Federal use in a report under section 1006 of
the Spectrum Pipeline Act of 2015 (Public Law 114-74; 129 Stat. 621)
if--
(1) that spectrum is suitable for allocation by competitive
bidding of new licenses for non-Federal licensed use;
(2) that spectrum otherwise meets the requirements of the
proposed plan for the assignment of new licenses for non-
Federal use of certain spectrum under section 1006 of the
Spectrum Pipeline Act of 2015 (Public Law 114-74; 129 Stat.
621); and
(3) the identification of that spectrum under subsection
(c)(4) occurs after the requirements under section 3 have been
met.
SEC. 6. DISTRIBUTED ANTENNA SYSTEMS AND SMALL CELL INFRASTRUCTURE.
Not later than December 31, 2016, the Commission shall take action
in its Program Alternatives for Small Wireless Communications Facility
Deployments proceeding (WT Docket 15-180).
SEC. 7. COMMUNICATIONS FACILITIES DEPLOYMENT ON FEDERAL PROPERTY.
(a) In General.--Section 6409 of the Middle Class Tax Relief and
Job Creation Act of 2012 (47 U.S.C. 1455) is amended by striking
subsections (b), (c), and (d) and inserting the following:
``(b) Federal Easements and Rights-of-Way.--
``(1) Grant.--If an executive agency, a State, a political
subdivision or agency of a State, or a person, firm, or
organization applies for the grant of an easement or right-of-
way to, in, over, or on a building or other property owned by
the Federal Government for the right to install, construct,
modify, or maintain a communications facility installation, the
executive agency having control of the building or other
property may grant to the applicant, on behalf of the Federal
Government, subject to paragraph (5), an easement or right-of-
way to perform such installation, construction, modification,
or maintenance.
``(2) Application.--
``(A) In general.--The Administrator of General
Services shall develop a common form for applications
for easements and rights-of-way under paragraph (1) for
all executive agencies that, except as provided in
subparagraph (B), shall be used by all executive
agencies and applicants with respect to the buildings
or other property of each such agency.
``(B) Exception.--The requirement under
subparagraph (A) for an executive agency to use the
common form developed by the Administrator of General
Services shall not apply to an executive agency if the
head of an executive agency notifies the Administrator
that the executive agency uses a substantially similar
application.
``(3) Fee.--
``(A) In general.--Notwithstanding any other
provision of law, the Administrator of General Services
shall establish a fee for the grant of an easement or
right-of-way pursuant to paragraph (1) that is based on
direct cost recovery.
``(B) Exceptions.--The Administrator of General
Services may establish exceptions to the fee amount
required under subparagraph (A)--
``(i) in consideration of the public
benefit provided by a grant of an easement or
right-of-way; and
``(ii) in the interest of expanding
wireless and broadband coverage.
``(4) Use of fees collected.--Any fee amounts collected by
an executive agency pursuant to paragraph (3) may be made
available, as provided in appropriations Acts, to such agency
to cover the costs of granting the easement or right-of-way.
``(5) Timely consideration of applications.--
``(A) In general.--Within a reasonable period of
time after the date on which an executive agency
receives a duly filed application for an easement or
right-of-way under this subsection, the executive
agency shall--
``(i) grant or deny, on behalf of the
Federal Government, the application; and
``(ii) notify the applicant of the grant or
denial.
``(B) Explanation of denial.--If an executive
agency denies an application under subparagraph (A),
the executive agency shall notify the applicant in
writing, including a clear statement of the reasons for
the denial.
``(C) Explanation of delay.--If an executive agency
has not granted or denied an application under
subparagraph (A) before the date that is 150 days after
the date that the executive agency received a duly
filed application, the executive agency shall notify
the applicant in writing, including a clear statement
of the reasons for the delay.
``(D) Applicability of environmental laws.--Nothing
in this paragraph shall be construed to relieve an
executive agency of the requirements of the National
Historic Preservation Act (16 U.S.C. 470 et seq.) or
the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
``(E) Point of contact.--Upon receiving an
application under subparagraph (A), an executive agency
shall designate 1 or more appropriate individuals
within the executive agency to act as a point of
contact with the applicant.
``(c) Master Contracts for Communications Facility Installation
Sitings.--
``(1) In general.--Notwithstanding section 704 of the
Telecommunications Act of 1996 (Public Law 104-104; 110 Stat.
151) or any other provision of law, the Administrator of
General Services shall--
``(A) develop 1 or more master contracts that shall
govern the placement of communications facility
installation on buildings and other property owned by
the Federal Government; and
``(B) in developing the master contract or
contracts, standardize the treatment of the placement
of communications facility installation on building
rooftops or facades, the placement of communications
facility installation on rooftops or inside buildings,
the technology used in connection with communications
facility installation placed on Federal buildings and
other property, and any other key issues the
Administrator of General Services considers
appropriate.
``(2) Applicability.--The master contract or contracts
developed by the Administrator of General Services under
paragraph (1) shall apply to all publicly accessible buildings
and other property owned by the Federal Government, unless the
Administrator of General Services decides that issues with
respect to the siting of a communications facility installation
on a specific building or other property warrant nonstandard
treatment of such building or other property.
``(3) Application.--
``(A) In general.--The Administrator of General
Services shall develop a common form or set of forms
for communications facility installation siting
applications that, except as provided in subparagraph
(B), shall be used by all executive agencies and
applicants with respect to the buildings and other
property of each such agency.
``(B) Exception.--The requirement under
subparagraph (A) for an executive agency to use the
common form or set of forms developed by the
Administrator of General Services shall not apply to an
executive agency if the head of the executive agency
notifies the Administrator that the executive agency
uses a substantially similar application.
``(d) Definitions.--In this section:
``(1) Communications facility installation.--The term
`communications facility installation' includes--
``(A) any infrastructure, including any
transmitting device, tower, or support structure, and
any equipment, switches, wiring, cabling, power
sources, shelters, or cabinets, associated with the
licensed or permitted unlicensed wireless or wireline
transmission of writings, signs, signals, data, images,
pictures, and sounds of all kinds; and
``(B) any antenna or apparatus that--
``(i) is designed for the purpose of
emitting radio frequency;
``(ii) is designed to be operated, or is
operating, from a fixed location pursuant to
authorization by the Commission or is using
duly authorized devices that do not require
individual licenses; and
``(iii) is added to a tower, building, or
other structure.
``(2) Executive agency.--The term `executive agency' has
the meaning given such term in section 102 of title 40, United
States Code.''.
(b) Savings Provision.--An application for an easement or right-of-
way that was made or granted under section 6409 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1455) before the
effective date of this Act shall continue, subject to that section as
in effect on the day before such effective date.
SEC. 8. DIG ONCE.
(a) Policy.--It is the policy of the United States to encourage the
deployment of communications facilities and services because of the
benefits to interstate commerce from investment in and use of such
communications facilities and services.
(b) Sense of Congress.--It is the sense of Congress that Federal
agencies should endeavor to create policy that--
(1) evaluates and provides for the inclusion of broadband
conduit installation in federally funded highway construction
projects;
(2) provides for such inclusion without negatively
impacting the safety, operations, and maintenance of the
highway facility, its users, or others;
(3) promotes investment and competition by ensuring that
communications providers may access such conduit on a
nondiscriminatory basis; and
(4) limits any burden on State departments of
transportation incurred by the inclusion of broadband conduit
in such projects.
SEC. 9. NATIONAL BROADBAND FACILITIES ASSET DATABASE.
(a) Definitions.--In this section:
(1) Communications facility installation.--The term
``communications facility installation'' includes--
(A) any infrastructure, including any transmitting
device, tower, or support structure, and any equipment,
switches, wiring, cabling, power sources, shelters, or
cabinets, associated with the licensed or permitted
unlicensed wireless or wireline transmission of
writings, signs, signals, data, images, pictures, and
sounds of all kinds; and
(B) any antenna or apparatus that--
(i) is designed for the purpose of emitting
radio frequency;
(ii) is designed to be operated, or is
operating, from a fixed location pursuant to
authorization by the Federal Communications
Commission or is using duly authorized devices
that do not require individual licenses; and
(iii) is added to a tower, building, or
other structure.
(2) Covered property.--The term ``covered property''--
(A) means any real property capable of supporting a
communications facility installation; and
(B) includes any interest in real property
described in subparagraph (A).
(3) Database.--The term ``database'' means the database
established under subsection (b).
(4) Executive agency.--The term ``Executive agency'' has
the meaning given the term in section 105 of title 5, United
States Code.
(b) Database Established.--Not later than June 30, 2018, the
Director of the Office of Science and Technology Policy, in
consultation with the Chairman of the Federal Communications
Commission, Assistant Secretary of Commerce for Communications and
Information, Under Secretary of Commerce for Standards and Technology,
Administrator of General Services, and Director of the Office of
Management and Budget, shall--
(1) establish and operate a single database of any covered
property that is owned, leased, or otherwise managed by an
Executive agency;
(2) make the database available to--
(A) any entity that--
(i) constructs or operates communications
facility installations; or
(ii) provides communications service; and
(B) any other entity that the Director of the
Office of Science and Technology Policy determines is
appropriate; and
(3) establish a process for withholding data from the
database for national security, public safety, or other
national strategic concerns in accordance with existing
statutory authority and Executive order mandates with respect
to handling and protection of such information.
(c) Public Comment.--
(1) In general.--Not later than 30 days after the date of
enactment of the MOBILE NOW Act, the Director of the Office of
Science and Technology Policy shall seek public comment to
inform the establishment and operation of the database.
(2) Contents.--In seeking public comment under paragraph
(1), the Director shall include a request for recommendations
on--
(A) criteria that make real property capable of
supporting communications facility installations;
(B) types of information related to covered
property that should be included in the database;
(C) an interface by which accessibility to the
database for all users will be appropriately efficient
and secure; and
(D) other information the Director determines
necessary to establish and operate the database.
(d) Federal Agencies.--
(1) Initial provision of information.--Not later than 90
days after the date on which the database is established under
subsection (b), the head of an Executive agency shall provide
to the Director of the Office of Science and Technology Policy,
in a manner and format to be determined by the Director, such
information as the Director determines appropriate with respect
to covered property owned, leased, or otherwise managed by the
Executive agency.
(2) Change to information previously provided.--In the case
of any change to information provided to the Director of the
Office of Science and Technology Policy by the head of an
Executive agency under paragraph (1), the head of the Executive
agency shall provide updated information to the Director not
later than 30 days after the date of the change.
(3) Subsequently acquired property.--If an Executive agency
acquires covered property after the date on which the database
is established under subsection (b), the head of the Executive
agency shall provide to the Director of the Office of Science
and Technology Policy the information required under paragraph
(1) with respect to the covered property not later than 30 days
after the date of the acquisition.
(e) State and Local Governments.--The Director of the Office of
Science and Technology Policy shall make the database available to
State and local governments so that such governments may provide to the
Director for inclusion in the database similar information to the
information required under paragraph (1) regarding covered property
owned, leased, or otherwise managed by such governments.
(f) Database Updates.--
(1) Timely inclusion.--After the establishment of the
database, the Director of the Office of Science and Technology
Policy shall ensure that information provided under subsection
(d) or subsection (e) is included in the database not later
than 7 days after the date on which the Director receives the
information.
(2) Date of addition or update.--Information in the
database relating to covered property shall include the date on
which the information was added or most recently updated.
(g) Report.--Not later than 180 days after the date the Director of
the Office of Science and Technology Policy seeks public comment under
subsection (c)(1), the Director shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report on the
progress in establishing the database under this section. The Director
shall update the report annually until the date that the database is
fully operational.
SEC. 10. REALLOCATION INCENTIVES.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in consultation with the
Commission, the Director of OMB, and the head of each affected Federal
agency (or a designee thereof) shall submit to the appropriate
committees of Congress a report that includes legislative or regulatory
recommendations to incentivize a Federal entity to relinquish, or share
with Federal or non-Federal users, Federal spectrum for the purpose of
allowing commercial wireless broadband services to operate on that
Federal spectrum.
(b) Post-Auction Payments.--
(1) Report.--In preparing the report under subsection (a),
the Secretary shall--
(A) consider whether permitting eligible Federal
entities that are implementing a transition plan
submitted under section 113(h) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 923(h)) to accept payments
could result in access to the eligible frequencies that
are being reallocated for exclusive non-Federal use or
shared use sooner than would otherwise occur without
such payments; and
(B) include the findings under subparagraph (A),
including the analysis under paragraph (2) and any
recommendations for legislation, in the report.
(2) Analysis.--In considering payments under paragraph
(1)(A), the Secretary shall conduct an analysis of whether and
how such payments would affect--
(A) bidding in auctions conducted under section
309(j) of the Communications Act of 1934 (47 U.S.C.
309(j)) of such eligible frequencies; and
(B) receipts collected from the auctions described
in subparagraph (A).
(3) Definitions.--In this subsection:
(A) Payment.--The term ``payment'' means a payment
in cash or in-kind by any auction winner, or any person
affiliated with an auction winner, of eligible
frequencies during the period after eligible
frequencies have been reallocated by competitive
bidding under section 309(j) of the Communications Act
of 1934 (47 U.S.C. 309(j)) but prior to the completion
of relocation or sharing transition of such eligible
frequencies per transition plans approved by the
Technical Panel.
(B) Eligible frequencies.--The term ``eligible
frequencies'' has the meaning given the term in section
113(g)(2) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
923(g)(2)).
SEC. 11. BIDIRECTIONAL SHARING STUDY.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, including an opportunity for public comment, the
Commission, in collaboration with the NTIA, shall--
(1) conduct a bidirectional sharing study to determine the
best means of providing Federal entities flexible access to
non-Federal spectrum on a shared basis across a range of short-
, mid-, and long-range timeframes, including for intermittent
purposes like emergency use; and
(2) submit to Congress a report on the study under
paragraph (1), including any recommendations for legislation or
proposed regulations.
(b) Considerations.--In conducting the study under subsection (a),
the Commission shall consider how to balance the regulatory certainty
that commercial spectrum users and Federal entities need to make
longer-term investment decisions for shared access to be viable.
SEC. 12. UNLICENSED SERVICES IN GUARD BANDS.
(a) In General.--After a feasibility assessment and public notice
and comment, and in consultation with the Secretary and the head of
each affected Federal agency (or a designee thereof), the Commission
shall adopt rules that permit unlicensed services where feasible to use
any frequencies that are designated as guard bands to protect
frequencies allocated after the date of enactment of this Act by
competitive bidding under section 309(j) of the Communications Act of
1934 (47 U.S.C. 309(j)), including spectrum that acts as a duplex gap
between transmit and receive frequencies.
(b) Limitation.--The Commission may not permit any use of a guard
band under this section that would cause harmful interference to a
licensed service or a Federal service operating in the guard band or in
an adjacent band.
(c) Rule of Construction.--Nothing in this section shall be
construed as limiting the Commission or the Secretary from making
spectrum available for licensed or unlicensed use under section 3 or
available for unlicensed use in any spectrum band under existing rules
and regulations.
SEC. 13. PRE-AUCTION FUNDING.
Section 118(d)(3)(B)(i)(II) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
928(d)(3)(B)(i)(II)) is amended by striking ``5 years'' and inserting
``8 years''.
SEC. 14. IMMEDIATE TRANSFER OF FUNDS.
Section 118(e)(1) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 928(e)(1)) is
amended by adding at the end the following:
``(D) At the request of an eligible Federal entity,
the Director of OMB may transfer the amount under
subparagraph (A) immediately--
``(i) after the frequencies are reallocated
by competitive bidding under section 309(j) of
the Communications Act of 1934 (47 U.S.C.
309(j)); or
``(ii) in the case of an incumbent Federal
entity that is incurring relocation or sharing
costs to accommodate sharing spectrum
frequencies with another Federal entity, after
the frequencies from which the other eligible
Federal entity is relocating are reallocated by
competitive bidding under section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)),
without regard to the availability of such sums
in the Fund.
``(E) Prior to the deposit of proceeds into the
Fund from an auction, the Director of OMB may borrow
from the Treasury the amount under subparagraph (A) for
a transfer under subparagraph (D). The Treasury shall
immediately be reimbursed, without interest, from funds
deposited into the Fund.''.
SEC. 15. AMENDMENTS TO THE SPECTRUM PIPELINE ACT OF 2015.
Section 1008 of the Spectrum Pipeline Act of 2015 (Public Law 114-
74; 129 Stat. 584) is amended in the matter preceding paragraph (1) by
inserting ``, after an opportunity for public comment,'' after ``the
Commission''.
SEC. 16. RULES OF CONSTRUCTION.
(a) Ranges of Frequencies.--Each range of frequencies described in
this Act shall be construed to be inclusive of the upper and lower
frequencies in the range.
(b) Assessment of Electromagnetic Spectrum Reallocation.--Nothing
in this Act shall be construed to affect any requirement under section
156 of the National Telecommunications and Information Administration
Organization Act (47 U.S.C. 921 note), as added by section 1062(a) of
the National Defense Authorization Act for Fiscal Year 2000.
SEC. 17. RELATIONSHIP TO MIDDLE CLASS TAX RELIEF AND JOB CREATION ACT
OF 2012.
Nothing in this Act shall be construed to limit, restrict, or
circumvent in any way the implementation of the nationwide public
safety broadband network defined in section 6001 of title VI of the
Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401)
or any rules implementing that network under title VI of that Act (47
U.S.C. 1401 et seq.).
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