[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 19 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
1st Session
S. 19
To provide opportunities for broadband investment, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 3, 2017
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 spectrum.
Sec. 5. 3 gigahertz spectrum.
Sec. 6. Distributed antenna systems and small cell infrastructure.
Sec. 7. Communications facilities deployment on Federal property.
Sec. 8. Broadband infrastructure deployment.
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. GAO assessment of unlicensed spectrum and Wi-Fi use in low-
income neighborhoods.
Sec. 17. Rulemaking related to partitioning or disaggregating licenses.
Sec. 18. Unlicensed spectrum policy.
Sec. 19. National plan for unlicensed spectrum.
Sec. 20. Spectrum challenge prize.
Sec. 21. Wireless telecommunications tax and fee collection fairness.
Sec. 22. Rules of construction.
Sec. 23. 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 on a licensed or unlicensed basis for wireless
broadband use by 2020, not later than December 31, 2020, the
Secretary, working through the NTIA, and the Commission shall
make available a total of at least 255 megahertz of Federal and
non-Federal spectrum below the frequency of 6000 megahertz for
mobile and fixed wireless broadband use.
(2) Unlicensed and licensed use.--Of the spectrum made
available under paragraph (1), not less than--
(A) 100 megahertz shall be made available on an
unlicensed basis; and
(B) 100 megahertz shall be made available on an
exclusive, licensed basis for commercial mobile use,
pursuant to the Commission's authority to implement
such licensing in a flexible manner, and subject to
potential continued use of such spectrum by incumbent
Federal entities in designated geographic areas
indefinitely or for such length of time as is necessary
for those incumbent entities to be relocated to other
spectrum.
(3) Non-eligible spectrum.--For purposes of satisfying the
requirement under paragraph (1), the following spectrum shall
not be counted:
(A) The frequencies between 1695 and 1710
megahertz.
(B) The frequencies between 1755 and 1780
megahertz.
(C) The frequencies between 2155 and 2180
megahertz.
(D) The frequencies between 3550 and 3700
megahertz.
(E) Spectrum that the Commission determines had
more than de minimis mobile or fixed wireless broadband
operations within the band on the day before the date
of enactment of this Act.
(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;
(D) the need for appropriate enforcement mechanisms
and authorities; and
(E) the importance of the deployment of wireless
broadband services in rural areas of the United States.
(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 SPECTRUM.
(a) Feasibility Assessment.--Not later than 18 months after the
date of enactment of this Act, the NTIA, in consultation with the
Commission, shall conduct a feasibility assessment regarding the
impact, on Federal entities and operations in any of the following
bands, of authorizing mobile or fixed terrestrial wireless operations,
including for advanced mobile service operations, in the following
bands:
(1) The band between 31800 and 33400 megahertz.
(2) The band between 71000 and 76000 megahertz.
(3) 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 allocated to Federal use by such entities in the
bands 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 such frequencies would
have on an affected Federal entity; and
(3) identify any such frequencies in the bands 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 and the Commission.--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 and provide a copy to
the Commission.
(d) FCC Proceeding.--Not later than 2 years after the date of
enactment of this Act or 90 days after the date it receives the
feasibility assessment under subsection (c), whichever is earlier, 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.
(2) The band between 25050 and 25250 megahertz.
(3) The band between 31800 and 33400 megahertz, except for
any frequencies with Federal allocations.
(4) The band between 42000 and 42500 megahertz.
(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 frequencies with Federal allocations identified as
feasible under subsection (b)(3).
(e) Considerations.--In conducting a rulemaking under subsection
(d), the Commission shall--
(1) consult with Federal entities via the NTIA regarding
the frequencies 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. 3 GIGAHERTZ SPECTRUM.
(a) Between 3100 Megahertz and 3550 Megahertz.--Not later than 18
months after the date of enactment of this Act, and in consultation
with the Commission and the head of each affected Federal agency (or a
designee thereof), the Secretary shall submit to the Commission and the
appropriate committees of Congress a report evaluating the feasibility
of allowing commercial wireless services, licensed or unlicensed, to
share use of the frequencies between 3100 megahertz and 3550 megahertz.
(b) Between 3700 Megahertz and 4200 Megahertz.--Not later than 18
months after the date of enactment of this Act, after notice and an
opportunity for public comment, and in consultation with the Secretary
and the head of each affected Federal agency (or a designee thereof),
the Commission shall submit to the Secretary and the appropriate
committees of Congress a report evaluating the feasibility of allowing
commercial wireless services, licensed or unlicensed, to share use of
the frequencies between 3700 megahertz and 4200 megahertz.
(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 through
the assignment of new licenses by competitive bidding, for
sharing with unlicensed operations, or through a combination of
licensing and unlicensed operations.
(d) Commission Action.--The Commission, in consultation with the
NTIA, shall seek public comment on the reports required under
subsections (a) and (b), including regarding the bands identified in
such reports as feasible pursuant to subsection (c)(4).
SEC. 6. DISTRIBUTED ANTENNA SYSTEMS AND SMALL CELL INFRASTRUCTURE.
Not later than December 31, 2017, the Commission shall take action
in its Program Alternatives for Small Wireless Communications Facility
Deployments proceeding (WT Docket 15-180).
SEC. 7. 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, Rights-of-Way, and Leases.--
``(1) Grant.--If an executive agency, a State, a political
subdivision or agency of a State, or a person, firm, or
organization applies for the grant of an easement, right-of-
way, or lease to, in, over, or on a building or other property
owned by the Federal Government for the right to install,
construct, modify, or maintain a communications facility
installation, the executive agency having control of the
building or other property may grant to the applicant, on
behalf of the Federal Government, subject to paragraph (5), an
easement, right-of-way, or lease to perform such installation,
construction, modification, or maintenance.
``(2) Application.--
``(A) In general.--The Administrator of General
Services shall develop a common form for applications
for easements, rights-of-way, and leases under
paragraph (1) for all executive agencies that, except
as provided in subparagraph (B), shall be used by all
executive agencies and applicants with respect to the
buildings or other property of each such agency.
``(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,
right-of-way, or lease 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,
right-of-way, or lease; 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, right-of-way, or
lease.
``(5) Timely consideration of applications.--
``(A) In general.--Not later than 270 days after
the date on which an executive agency receives a duly
filed application for an easement, right-of-way, or
lease under this subsection, the executive agency
shall--
``(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) Applicability of environmental laws.--Nothing
in this paragraph shall be construed to relieve an
executive agency of the requirements of division A of
subtitle III of title 54, United States Code, or the
National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
``(D) Point of contact.--Upon receiving an
application under subparagraph (A), an executive agency
shall designate one or more appropriate individuals
within the executive agency to act as a point of
contact with the applicant.
``(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 one or more master contracts that
shall govern the placement of communications facility
installation on buildings and other property owned by
the Federal Government; and
``(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, right-of-
way, or lease that was made or granted under section 6409 of the Middle
Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) before
the effective date of this Act shall continue, subject to that section
as in effect on the day before such effective date.
(c) Streamlining Broadband Facility Applications.--
(1) Definition of communications facility installation.--In
this subsection, the term ``communications facility
installation'' has the meaning given the term in section
6409(d) of the Middle Class Tax Relief and Job Creation Act of
2012 (47 U.S.C. 1455(d)), as amended by subsection (a).
(2) Recommendations.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the NTIA, in
coordination with the Department of the Interior, the
Department of Agriculture, the Department of Defense,
the Department of Transportation, the Office of
Management and Budget, and the General Services
Administration, shall develop recommendations to
streamline the process for considering applications by
those agencies under section 6409(b) of the Middle
Class Tax Relief and Job Creation Act of 2012 (47
U.S.C. 1455(b)), as amended by subsection (a).
(B) Requirements for recommendations.--The
recommendations developed under subparagraph (A) shall
include--
(i) procedures for the tracking of
applications described in subparagraph (A);
(ii) methods by which to reduce the amount
of time between the receipt of an application
and the issuance of a final decision on an
application; and
(iii) policies to expedite renewals of an
easement, license, or other authorization to
locate a communications facility installation
on land managed by the agencies described in
subparagraph (A).
(C) Report to congress.--Not later than 2 years
after the date on which the recommendations required
under subparagraph (A) are developed, the NTIA shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives a
report that describes--
(i) the status of the implementation of the
recommendations developed under subparagraph
(A); and
(ii) any improvements to the process for
considering applications described in
subparagraph (A) that have resulted from those
recommendations, including in particular the
speed at which such applications are reviewed
and a final determination is issued.
SEC. 8. BROADBAND INFRASTRUCTURE DEPLOYMENT.
(a) United States Policy.--It is the policy of the United States
for the Department of Transportation and State departments of
transportation--
(1) to adjust or otherwise develop right-of-way policies
for Federal-aid highways to effectively accommodate broadband
infrastructure;
(2) to ensure the safe and efficient accommodation of
broadband infrastructure in the public right-of-way;
(3) to include broadband stakeholders in the transportation
planning process; and
(4) to coordinate highway construction plans with other
statewide telecommunications and broadband plans.
(b) Definitions.--In this section:
(1) Appropriate state agency.--The term ``appropriate State
agency'' means a State governmental agency that is recognized
by the executive branch of the State as having the experience
necessary to evaluate and carry out projects relating to the
proper and effective installation and operation of broadband
infrastructure.
(2) Broadband infrastructure.--The term ``broadband
infrastructure'' means any buried or aerial facility, and any
wireless or wireline connection, that enables users to send and
receive voice, video, data, graphics, or any combination
thereof.
(3) Broadband infrastructure entity.--The term ``broadband
infrastructure entity'' means any entity that--
(A) installs, owns, or operates broadband
infrastructure; and
(B) provides broadband services to the public in a
manner consistent with the public interest,
convenience, and necessity, as determined by the State.
(4) State.--The term ``State'' means--
(A) a State;
(B) the District of Columbia; and
(C) the Commonwealth of Puerto Rico.
(c) Broadband Infrastructure Deployment.--To facilitate the
installation of broadband infrastructure and achieve the policy
described in subsection (a), the Secretary of Transportation shall
ensure that each State that receives funds under chapter 1 of title 23,
United States Code, meets the following requirements:
(1) Broadband coordination.--The State department of
transportation, in coordination with appropriate State
agencies, shall--
(A) identify a broadband utility coordinator, that
may have additional responsibilities, whether in the
State department of transportation or in another State
agency, and that is responsible for coordinating the
broadband infrastructure right-of-way needs of the
State with Federal-aid highway projects carried out in
the State;
(B) establish a process for the registration of
broadband infrastructure entities that seek to be
included in those broadband infrastructure right-of-way
coordination efforts within the State;
(C) coordinate initiatives carried out under this
section with other statewide telecommunication and
broadband plans and State and local transportation and
land use plans; and
(D) develop strategies to minimize repeated
excavations that involve the installation of broadband
infrastructure in a right-of-way.
(2) Priority.--If a State chooses to provide for the
installation of broadband infrastructure in the right-of-way of
an applicable Federal-aid highway under this subsection in a
given case, the State department of transportation shall carry
out any appropriate measures to ensure that any existing
broadband infrastructure entities are not disadvantaged, as
compared to other broadband infrastructure entities, with
respect to the program under this subsection.
(d) Effect of Section.--This section applies only to activities for
which obligations or expenditures are initially approved on or after
the date of enactment of this Act. Nothing in this section establishes
a mandate or requirement, or authorizes the Secretary to establish a
mandate or requirement, that a State install broadband infrastructure
in a highway right-of-way.
SEC. 9. 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 Commission, Assistant Secretary
of Commerce for Communications and Information, Under Secretary of
Commerce for Standards and Technology, Administrator of General
Services, and Director of OMB, shall--
(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.--
(1) In general.--The Director of the Office of Science and
Technology Policy (referred to in this subsection as the
``Director'') shall make the database available to State and
local governments so that such governments may provide to the
Director for inclusion in the database similar information to
the information required under subsection (d)(1) regarding
covered property owned, leased, or otherwise managed by such
governments.
(2) Report on incentivizing participation by state and
local governments.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Director, in
consultation with the Chairman of the Commission, the
Assistant Secretary of Commerce for Communications and
Information, the Under Secretary of Commerce for
Standards and Technology, the Administrator of General
Services, and the Director of OMB, shall submit to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Energy and Commerce of
the House of Representatives a report on potential ways
to incentivize State and local governments to provide
to the Director for inclusion in the database similar
information to the information required under
subsection (d)(1) regarding covered property owned,
leased, or otherwise managed by such governments
pursuant to paragraph (1) of this subsection or through
other means.
(B) Considerations.--The Director, in preparing the
report under subparagraph (A), shall--
(i) consult with State and local
governments, or their representatives, to
identify for inclusion in the report the most
cost-effective options for State and local
governments to collect and provide the
information described in subparagraph (A),
including utilizing and leveraging State
broadband initiatives and programs; and
(ii) make recommendations on ways the
Federal Government can assist State and local
governments in collecting and providing the
information described in subparagraph (A).
(C) Report update.--Not later than 2 years after
the date on which the database is established under
this section, the Director shall submit to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Energy and Commerce of
the House of Representatives an update to the report
required under subparagraph (A) that identifies State
and local governments that have contributed to the
database and recommends ways to further incentivize
participation by State and local governments pursuant
to paragraph (1) of this subsection or through other
means.
(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. After the database is fully operational and for the
next 5 years thereafter, the Director shall provide annual reports
regarding the use of the database, recommendations of how the database
may provide additional utility to the entities described in subsection
(b)(2), if any recommendations are warranted, and how previous
recommendations have been implemented.
SEC. 10. 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), after notice and an opportunity for
public comment, shall submit to the appropriate committees of Congress
a report that includes legislative or regulatory recommendations to
incentivize a Federal entity to relinquish, or share with Federal or
non-Federal users, Federal spectrum for the purpose of allowing
commercial wireless broadband services to operate on that Federal
spectrum.
(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--
(1) consider the regulatory certainty that commercial
spectrum users and Federal entities need to make longer-term
investment decisions for shared access to be viable; and
(2) evaluate any barriers to voluntary commercial
arrangements in which non-Federal users could provide access to
Federal entities.
SEC. 12. UNLICENSED SERVICES IN GUARD BANDS.
(a) In General.--After public notice and comment, and in
consultation with the Secretary and the head of each affected Federal
agency (or a designee thereof), with respect to frequencies allocated
for Federal use, the Commission shall adopt rules that permit
unlicensed services where feasible to use any frequencies that are
designated as guard bands to protect frequencies allocated after the
date of enactment of this Act by competitive bidding under section
309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), including
spectrum that acts as a duplex gap between transmit and receive
frequencies.
(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 otherwise
making spectrum available for licensed or unlicensed use in any
frequency band in addition to guard bands, including under section 3,
consistent with their statutory jurisdictions.
SEC. 13. 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 notice and an opportunity for public comment,''
after ``the Commission''.
SEC. 16. GAO ASSESSMENT OF UNLICENSED SPECTRUM AND WI-FI USE IN LOW-
INCOME NEIGHBORHOODS.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study to evaluate the availability of
broadband Internet access using unlicensed spectrum and
wireless networks in low-income neighborhoods.
(2) Requirements.--In conducting the study under paragraph
(1), the Comptroller General shall consider and evaluate--
(A) the availability of wireless Internet hot spots
and access to unlicensed spectrum in low-income
neighborhoods, particularly for elementary and
secondary school-aged children in such neighborhoods;
(B) any barriers preventing or limiting the
deployment and use of wireless networks in low-income
neighborhoods;
(C) how to overcome any barriers described in
subparagraph (B), including through incentives,
policies, or requirements that would increase the
availability of unlicensed spectrum and related
technologies in low-income neighborhoods; and
(D) how to encourage home broadband adoption by
households with elementary and secondary school-age
children that are in low-income neighborhoods.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report that--
(1) summarizes the findings of the study conducted under
subsection (a); and
(2) makes recommendations with respect to potential
incentives, policies, and requirements that could help achieve
the goals described in subparagraphs (C) and (D) of subsection
(a)(2).
SEC. 17. RULEMAKING RELATED TO PARTITIONING OR DISAGGREGATING LICENSES.
(a) Definitions.--In this section--
(1) Covered small carrier.--The term ``covered small
carrier'' means a carrier (as defined in section 3 of the
Communications Act of 1934 (47 U.S.C. 153)) that--
(A) has not more than 1,500 employees (as
determined under section 121.106 of title 13, Code of
Federal Regulations, or any successor thereto); and
(B) offers services using the facilities of the
carrier.
(2) Rural area.--The term ``rural area'' means any area
other than--
(A) a city, town, or incorporated area that has a
population of more than 20,000 inhabitants; or
(B) an urbanized area contiguous and adjacent to a
city or town that has a population of more than 50,000
inhabitants.
(b) Rulemaking.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall initiate a
rulemaking proceeding to assess whether to establish a program,
or modify existing programs, under which a licensee that
receives a license for the exclusive use of spectrum in a
specific geographic area under section 301 of the
Communications Act of 1934 (47 U.S.C. 301) may partition or
disaggregate the license by sale or long-term lease--
(A) in order to--
(i) provide services consistent with the
license; and
(ii) make unused spectrum available to--
(I) an unaffiliated covered small
carrier; or
(II) an unaffiliated carrier to
serve a rural area; and
(B) if the Commission finds that such a program
would promote--
(i) the availability of advanced
telecommunications services in rural areas; or
(ii) spectrum availability for covered
small carriers.
(2) Considerations.--In conducting the rulemaking
proceeding under paragraph (1), the Commission shall consider,
with respect to the program proposed to be established under
that paragraph--
(A) whether reduced performance requirements with
respect to spectrum obtained through the program would
facilitate deployment of advanced telecommunications
services in the areas covered by the program;
(B) what conditions may be needed on transfers of
spectrum under the program to allow covered small
carriers that obtain spectrum under the program to
build out the spectrum in a reasonable period of time;
(C) what incentives may be appropriate to encourage
licensees to lease or sell spectrum, including--
(i) extending the term of a license granted
under section 301 of the Communications Act of
1934 (47 U.S.C. 301); or
(ii) modifying performance requirements of
the license relating to the leased or sold
spectrum; and
(D) the administrative feasibility of--
(i) the incentives described in
subparagraph (C); and
(ii) other incentives considered by the
Commission that further the goals of this
section.
(3) Forfeiture of spectrum.--If a party fails to meet any
build out requirements set by the Commission for any spectrum
sold or leased under this section, the right to the spectrum
shall be forfeited to the Commission unless the Commission
finds that there is good cause for the failure of the party.
(4) Requirement.--The Commission may offer a licensee
incentives or reduced performance requirements under this
section only if the Commission finds that doing so would likely
result in increased availability of advanced telecommunications
services in a rural area.
SEC. 18. UNLICENSED SPECTRUM POLICY.
(a) Statement of Policy.--It is the policy of the United States--
(1) to maximize the benefit to the people of the United
States of the spectrum resources of the United States;
(2) to advance innovation and investment in wireless
broadband services; and
(3) to promote spectrum policy that makes available on an
unlicensed basis radio frequency bands sufficient to meet
consumer demand for unlicensed wireless broadband operations.
(b) Commission Responsibilities.--The Commission shall ensure that
the efforts of the Commission related to spectrum allocation and
assignment make available on an unlicensed basis radio frequency bands
sufficient to meet demand for unlicensed wireless broadband operations
if doing so is, after taking into account the future needs of other
spectrum users--
(1) reasonable; and
(2) in the public interest.
(c) Commission Action.--Not later than 18 months after the date of
enactment of this Act, the Commission shall take action to implement
subsection (b).
SEC. 19. NATIONAL PLAN FOR UNLICENSED SPECTRUM.
(a) Definitions.--In this section:
(1) Spectrum relocation fund.--The term ``Spectrum
Relocation Fund'' means the Fund established under section 118
of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 928).
(2) Unlicensed operations.--The term ``unlicensed
operations'' means the use of spectrum on a non-exclusive basis
under--
(A) part 15 of title 47, Code of Federal
Regulations; or
(B) licensing by rule under part 96 of title 47,
Code of Federal Regulations.
(b) National Plan.--Not later than 1 year after the date of
enactment of this Act, the Commission, in consultation with the NTIA,
shall develop a national plan for making additional radio frequency
bands available for unlicensed operations.
(c) Requirements.--The plan developed under this section shall--
(1) identify an approach that ensures that consumers have
access to additional spectrum to conduct unlicensed operations
in a range of radio frequencies to meet consumer demand;
(2) recommend specific actions by the Commission and the
NTIA to permit unlicensed operations in additional radio
frequency ranges that the Commission finds--
(A) are consistent with the statement of policy
under section 18(a);
(B) will--
(i) expand opportunities for unlicensed
operations in a spectrum band; or
(ii) otherwise improve spectrum utilization
and intensity of use of bands where unlicensed
operations are already permitted;
(C) will not cause harmful interference to Federal
or non-Federal users of such bands; and
(D) will not significantly impact homeland security
or national security communications systems; and
(3) examine additional ways, with respect to existing and
planned databases or spectrum access systems designed to
promote spectrum sharing and access to spectrum for unlicensed
operations--
(A) to improve accuracy and efficacy;
(B) to reduce burdens on consumers, manufacturers,
and service providers; and
(C) to protect sensitive Government information.
(d) Spectrum Relocation Fund.--To be included as part of the plan
developed under this section, the NTIA shall share with the Commission
recommendations about how to reform the Spectrum Relocation Fund--
(1) to address costs incurred by Federal entities related
to sharing radio frequency bands with radio technologies
conducting unlicensed operations; and
(2) to ensure the Spectrum Relocation Fund has sufficient
funds to cover--
(A) the costs described in paragraph (1); and
(B) other expenditures allowed of the Spectrum
Relocation Fund under section 118 of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 928).
(e) Report Required.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Commission shall submit to the
appropriate committees of Congress a report that describes the
plan developed under this section, including any
recommendations for legislative change.
(2) Publication on commission website.--Not later than the
date on which the Commission submits the report under paragraph
(1), the Commission shall make the report publicly available on
the website of the Commission.
SEC. 20. SPECTRUM CHALLENGE PRIZE.
(a) Findings.--Congress finds the following:
(1) The future competitiveness and global technology
leadership of the United States depend, in part, upon the
availability and efficient use of spectrum.
(2) Dramatic improvement in spectrum efficiency would spur
innovation, investment, and economic growth.
(3) Radio frequency spectrum is vital for emergency
communications, national security, law enforcement, aviation,
maritime safety, space communications, and numerous other
Federal functions.
(4) Prize competitions can spur innovation in the private
and public sectors.
(b) Definition of Prize Competition.--In this section, the term
``prize competition'' means a prize competition conducted by the
Secretary under subsection (c)(1).
(c) Spectrum Challenge Prize.--
(1) In general.--The Secretary, in consultation with the
Assistant Secretary of Commerce for Communications and
Information and the Under Secretary of Commerce for Standards
and Technology, shall, subject to the availability of funds for
prize competitions under this section--
(A) conduct prize competitions to dramatically
accelerate the development and commercialization of
technology that improves spectrum efficiency and is
capable of cost-effective deployment; and
(B) define a measurable set of performance goals
for participants in the prize competitions to
demonstrate their solutions on a level playing field
while making a significant advancement over the current
state of the art.
(2) Authority of secretary.--In carrying out paragraph (1),
the Secretary may--
(A) enter into a grant, contract, cooperative
agreement, or other agreement with a private sector
for-profit or nonprofit entity to administer the prize
competitions;
(B) invite the Defense Advanced Research Projects
Agency, the Commission, the National Aeronautics and
Space Administration, the National Science Foundation,
or any other Federal agency to provide advice and
assistance in the design or administration of the prize
competitions; and
(C) award not more than $5,000,000, in the
aggregate, to the winner or winners of the prize
competitions.
(d) Criteria.--Not later than 180 days after the date on which
funds for prize competitions are made available pursuant to this
section, the Commission shall publish a technical paper on spectrum
efficiency providing criteria that may be used for the design of the
prize competitions.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 21. WIRELESS TELECOMMUNICATIONS TAX AND FEE COLLECTION FAIRNESS.
(a) Short Title.--This section may be cited as the ``Wireless
Telecommunications Tax and Fee Collection Fairness Act''.
(b) Findings.--Congress makes the following findings:
(1) A State may designate an in-State or out-of-State
person as a collection agent for the State and impose upon the
person a duty to collect certain taxes and fees for wireless
telecommunications services from residents of the State.
(2) States have the sovereign right to tax their citizens,
subject to the Constitution of the United States and Federal
law. States do not have the right to tax interstate commerce or
to impose taxes or other obligations on citizens of other
States without limitation.
(3) A collection agent for a State may feasibly collect
taxes and fees from a customer in connection with a financial
transaction to which the agent and customer are parties.
(4) Congress can help ensure against unreasonable burdens
on interstate commerce by prohibiting each State from imposing
a duty on any person to serve as a collection agent for the
State unless the collection is in connection with a financial
transaction.
(c) Definitions.--In this section:
(1) Financial transaction.--The term ``financial
transaction'' means a transaction in which the purchaser or
user of a wireless telecommunications service upon whom a tax,
fee, or surcharge is imposed gives cash, credit, or any other
exchange of monetary value or consideration to the person who
is required to collect or remit the tax, fee, or surcharge.
(2) Local jurisdiction.--The term ``local jurisdiction''
means a political subdivision of a State.
(3) State.--The term ``State'' means any of the several
States, the District of Columbia, and any territory or
possession of the United States.
(4) State or local jurisdiction.--The term ``State or local
jurisdiction'' includes any governmental entity or person
acting on behalf of a State or local jurisdiction that has the
authority to assess, impose, levy, or collect taxes or fees.
(5) Wireless telecommunications service.--The term
``wireless telecommunications service'' means a commercial
mobile radio service, as defined in section 20.3 of title 47,
Code of Federal Regulations, or any successor thereto.
(d) Financial Transaction Requirement.--
(1) In general.--A State, or a local jurisdiction of a
State, may not require a person to collect from, or remit on
behalf of, any other person a State or local tax, fee, or
surcharge imposed on a purchaser or user with respect to the
purchase or use of any wireless telecommunications service
within the State unless the collection or remittance is in
connection with a financial transaction between--
(A) the person that the State or local jurisdiction
requires to collect or remit the tax, fee, or
surcharge; and
(B) the purchaser or user of the wireless
telecommunications service.
(2) Rule of construction.--Nothing in this subsection shall
be construed to affect the right of a State or local
jurisdiction to require the collection of any tax, fee, or
surcharge in connection with a financial transaction.
(e) Enforcement.--
(1) Private right of action.--Any person aggrieved by a
violation of subsection (d) may bring a civil action in an
appropriate district court of the United States for equitable
relief in accordance with paragraph (2) of this subsection.
(2) Jurisdiction of district courts.--Notwithstanding
section 1341 of title 28, United States Code, or the
constitution or laws of any State, the district courts of the
United States shall have jurisdiction, without regard to the
amount in controversy or citizenship of the parties, to grant
such mandatory or prohibitive injunctive relief, interim
equitable relief, and declaratory judgments as may be necessary
to prevent, restrain, or terminate any acts in violation of
subsection (d).
SEC. 22. 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. 23. 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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