Public Safety Spectrum and Wireless Innovation Act - Increases the allocation of electromagnetic spectrum for public safety entities by: (1) directing the Federal Communications Commission (FCC) to reallocate to such entities specified frequencies of the 700 MHz D block spectrum; (2) amending the Communications Act of 1934 to increase public safety services allocation and reduce commercial use allocation by 10 megahertz within a specified range; and (3) authorizing flexible use of narrowband spectrum, including for public safety broadband communications, subject to exceptions.
Authorizes the establishment of the Public Safety Broadband Corporation as a private, nonprofit corporation required to: (1) hold the single public safety wireless license (a license to be reallocated and granted by the FCC for an initial 10-year term renewable, upon application, for subsequent terms, each term a maximum of 10 years) for the 700 MHz D block and existing public safety broadband spectrums; and (2) build, deploy, and operate a nationwide public safety interoperable broadband network.
Extends, until September 30, 2021, the FCC's authority to grant a license or permit under applicable competitive bidding provisions.
Directs: (1) the Assistant Secretary of Commerce for Communications and Information to identify for reallocation at least 15 megahertz of certain contiguous spectrum from the October 2010 National Telecommunications and Information Administration (NTIA) report on wireless broadband systems, and (2) the FCC to auction various specified spectrum ranges.
Requires: (1) the FCC to reallocate spectrum between the 3550 and 3650 megahertz frequencies for competitive bidding, or (2) the President to identify alternative federal agency bands (totaling more than 20 and up to a maximum of 100 megahertz) for such reallocation.
Directs proceeds of the respective auctions to be deposited with the Public Safety Trust Fund established by this Act.
Amends competitive bidding system design requirements.
Authorizes the FCC, if it is consistent with the public interest in spectrum utilization for a licensee to voluntarily relinquish licensed spectrum usage rights in order to permit the assignment of new initial licenses through a competitive bidding process subject to new service rules, or to permit the designation of new spectrum for unlicensed use, to disburse to that licensee a portion of any auction proceeds attributable to the licensee's relinquished spectrum usage rights. Conditions such relinquishment upon the retention of the appropriate carriage rights applicable at the shared location by television broadcast stations required to be carried that voluntarily elect to share a channel.
Sets forth various restrictions on the FCC concerning television licenses.
Directs the FCC to conduct a rulemaking on secondary spectrum markets and modify specified regulations to: (1) allow certain unlicensed indoor use devices to operate in a specified band, and (2) streamline experimental licenses.
Amends the NTIA Organization Act to: (1) revise provisions concerning payment of relocation and sharing costs incurred by federal agencies for certain potential or planned auctions, sharing of spectrum frequencies, or reallocation from federal use to exclusive nonfederal or shared federal and nonfederal use; and (2) permit federal entities to allow nonfederal entities access to frequency assignments with NTIA approval.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2482 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2482
To establish the sense of Congress that Congress should enact, and the
President should sign, bipartisan legislation to strengthen public
safety and to enhance wireless communications, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2011
Mr. Dingell (for himself and Mr. Gene Green of Texas) 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 Armed Services, 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 establish the sense of Congress that Congress should enact, and the
President should sign, bipartisan legislation to strengthen public
safety and to enhance wireless communications, 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 ``Public Safety
Spectrum and Wireless Innovation Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--REALLOCATION OF PUBLIC SAFETY SPECTRUM
Sec. 101. Reallocation of D block to public safety.
Sec. 102. Flexible use of narrowband spectrum.
TITLE II--GOVERNANCE OF PUBLIC SAFETY SPECTRUM
Subtitle A--Public Safety Broadband Corporation
Sec. 201. Single public safety wireless network licensee.
Sec. 202. Establishment of Public Safety Broadband Corporation.
Sec. 203. Board of Directors of the Corporation.
Sec. 204. Officers, employees, and committees of the Corporation.
Sec. 205. Nonprofit and nonpolitical nature of the Corporation.
Sec. 206. Powers, duties, and responsibilities of the Corporation.
Sec. 207. Initial funding for the Corporation.
Sec. 208. Permanent self-funding; duty to assess and collect fees for
network use.
Sec. 209. Audit and report.
Sec. 210. Annual report to Congress.
Sec. 211. Public safety roaming and priority access.
Sec. 212. Transitional analysis of public safety network attributes.
Sec. 213. Prohibition on direct offering of commercial
telecommunications service directly to
consumers.
Sec. 214. Provision of technical assistance.
Subtitle B--Public Safety Commitments
Sec. 221. State and Local Implementation Fund.
Sec. 222. State and local implementation.
Sec. 223. Public safety wireless communications research and
development.
Sec. 224. Advanced information and communications technology research.
TITLE III--SPECTRUM AUCTION AUTHORITY
Sec. 301. Extension of auction authority.
Sec. 302. Auction of spectrum.
Sec. 303. Incentive auction authority.
Sec. 304. Efficient use of public safety spectrum.
Sec. 305. Report on satellite broadband.
Sec. 306. Federal infrastructure sharing.
Sec. 307. Report on unlicensed spectrum.
TITLE IV--PUBLIC SAFETY TRUST FUND
Sec. 401. Public Safety Trust Fund.
TITLE V--SPECTRUM POLICY
Subtitle A--Inventory and Planning
Sec. 501. Radio spectrum inventory.
Sec. 502. Federal spectrum planning.
Subtitle B--Markets
Sec. 511. Promoting secondary spectrum markets.
Sec. 512. Unlicensed use in 5 GHz.
Sec. 513. Experimental licenses.
Sec. 514. Repurposing Federal spectrum for commercial purposes and
Federal spectrum sharing.
Sec. 515. Report on spectrum sharing.
Subtitle C--Efficiency and Management
Sec. 521. Functional responsibility of the NTIA to ensure efficient use
of spectrum.
Sec. 522. Spectrum efficiency analytic tools.
Sec. 523. Study on receiver performance and spectrum efficiency.
Sec. 524. Frequency assignment.
Sec. 525. Spectrum opportunity cost transparency.
Sec. 526. System certification.
Sec. 527. Report to Congress on improving spectrum management.
Sec. 528. Wireless facilities deployment.
TITLE VI--STUDIES ON NEXT GENERATION 9-1-1 SERVICES
Sec. 601. Definitions.
Sec. 602. NHTSA report on costs for requirements and specifications of
Next Generation 9-1-1 services.
Sec. 603. FCC recommendations for legal and statutory framework for
Next Generation 9-1-1 services.
TITLE VII--MISCELLANEOUS
Sec. 701. Severability.
Sec. 702. Rule of construction.
SEC. 2. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) 700 mhz band.--The term ``700 MHz band'' means the
portion of the electromagnetic spectrum between the frequencies
from 698 megahertz to 806 megahertz.
(2) 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.
(3) 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.
(4) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(5) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(6) Corporation.--The term ``Corporation'' means the Public
Safety Broadband Corporation established under subtitle A of
title II.
(7) Existing public safety broadband spectrum.--The term
``existing public safety broadband spectrum'' means the portion
of the electromagnetic spectrum between the frequencies--
(A) from 763 megahertz to 768 megahertz;
(B) from 793 megahertz to 798 megahertz;
(C) from 768 megahertz to 769 megahertz; and
(D) from 798 megahertz to 799 megahertz.
(8) Federal entity.--The term ``Federal entity'' has the
same meaning as in section 113(i) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(i)).
(9) 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.
(10) NIST.--The term ``NIST'' means the National Institute
of Standards and Technology.
(11) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration.
(12) Public safety entity.--The term ``public safety
entity'' means an entity that provides public safety services.
(13) Public safety services.--The term ``public safety
services''--
(A) has the meaning given the term in section
337(f) of the Communications Act of 1934 (47 U.S.C.
337(f)); and
(B) includes services provided by emergency
response providers, as that term is defined in section
2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
TITLE I--REALLOCATION OF PUBLIC SAFETY SPECTRUM
SEC. 101. REALLOCATION OF D BLOCK TO PUBLIC SAFETY.
(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) Spectrum Allocation.--Section 337(a) of the Communications Act
of 1934 (47 U.S.C. 337(a)) is amended--
(1) by striking ``24'' in paragraph (1) and inserting
``34''; and
(2) by striking ``36'' in paragraph (2) and inserting
``26''.
SEC. 102. FLEXIBLE USE OF NARROWBAND SPECTRUM.
The Commission may allow the narrowband spectrum to be used in a
flexible manner, including usage for public safety broadband
communications, subject to such technical and interference protection
measures as the Commission may require.
TITLE II--GOVERNANCE OF PUBLIC SAFETY SPECTRUM
Subtitle A--Public Safety Broadband Corporation
SEC. 201. SINGLE PUBLIC SAFETY WIRELESS NETWORK LICENSEE.
(a) Reallocation and Grant of License.--Notwithstanding any other
provision of law, and subject to the provisions of this Act, the
Commission shall reallocate and grant a license to the Public Safety
Broadband Corporation established under section 202 for the use of the
700 MHz D block spectrum and existing public safety broadband spectrum.
(b) Term of License.--
(1) Initial license.--The license granted under subsection
(a) shall be for an initial term of 10 years from the date of
the initial issuance of the license.
(2) Renewal of license.--Prior to expiration of the term of
the initial license granted under subsection (a) or the
expiration of any subsequent renewal of such license, the
Corporation shall submit to the Commission an application for
the renewal of such license. Such renewal application shall
demonstrate that, during the preceding license term, the
Corporation has met the duties and obligations set forth under
this Act. A renewal license granted under this paragraph shall
be for a term of not to exceed 10 years.
(c) Facilitation of Transition.--The Commission shall take all
actions necessary to facilitate the transition of the existing public
safety broadband spectrum to the Public Safety Broadband Corporation
established under section 202.
SEC. 202. ESTABLISHMENT OF PUBLIC SAFETY BROADBAND CORPORATION.
(a) Establishment.--There is authorized to be established a
private, nonprofit corporation, to be known as the ``Public Safety
Broadband Corporation'', which is neither an agency nor establishment
of the United States Government or the District of Columbia Government.
(b) Application of Provisions.--The Corporation shall be subject to
the provisions of this Act, and, to the extent consistent with this
Act, to the District of Columbia Nonprofit Corporation Act (sec. 29-
301.01 et seq., D.C. Official Code).
(c) 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.
(d) Powers Under DC Act.--In order to carry out the duties and
activities of the Corporation, the Corporation shall have the usual
powers conferred upon a nonprofit corporation by the District of
Columbia Nonprofit Corporation Act.
(e) Incorporation.--The members of the initial Board of Directors
of the Corporation shall serve as incorporators and shall take whatever
steps that are necessary to establish the Corporation under the
District of Columbia Nonprofit Corporation Act.
SEC. 203. BOARD OF DIRECTORS OF THE CORPORATION.
(a) Membership.--The management of the Corporation shall be vested
in a Board of Directors (referred to in this subtitle as the
``Board''), which shall consist of the following members:
(1) Federal members.--The following individuals, or their
respective designees, shall serve as Federal members:
(A) The Secretary of Commerce.
(B) The Secretary of Homeland Security.
(C) The Attorney General of the United States.
(D) The Director of the Office of Management and
Budget.
(2) Non-federal members.--
(A) In general.--The Secretary of Commerce shall
appoint 11 individuals to serve as non-Federal members
of the Board.
(B) State and local interests to be represented.--
In making appointments under subparagraph (A), the
Secretary of Commerce, in consultation with the
Secretary of Homeland Security and the Attorney General
of the United States, should--
(i) appoint at least 3 individuals to
represent the collective interests of the
States, localities, tribes, and territories;
(ii) seek to ensure geographic and regional
representation of the United States in such
appointments; and
(iii) seek to ensure rural and urban
representation in such appointments.
(C) Public safety interests to be represented.--In
making appointments under subparagraph (A), the
Secretary of Commerce should appoint at least 3
individuals who have served or are currently serving as
public safety professionals.
(D) Required qualifications.--
(i) In general.--Each non-Federal member
appointed under subparagraph (A) should meet at
least 1 of the following criteria:
(I) Public safety experience.--
Knowledge and experience in the use of
Federal, State, local, or tribal public
safety or emergency response.
(II) Technical expertise.--
Technical expertise and fluency
regarding broadband communications,
including public safety communications.
(III) Network expertise.--Expertise
in building, deploying, and operating
commercial telecommunications networks.
(IV) Financial expertise.--
Expertise in financing and funding
telecommunications networks.
(ii) Expertise to be represented.--In
making appointments under subparagraph (A), the
Secretary of Commerce shall appoint--
(I) at least one individual who
satisfies the requirement under
subclause (II) of clause (i);
(II) at least one individual who
satisfies the requirement under
subclause (III) of clause (i); and
(III) at least one individual who
satisfies the requirement under
subclause (IV) of clause (i).
(E) Independence.--
(i) In general.--Each non-Federal member of
the Board shall be independent and neutral.
(ii) Independence determination.--In order
to be considered independent for purposes of
this subparagraph, a member of the Board--
(I) may not, other than in his or
her capacity as a member of the Board
or any committee thereof--
(aa) accept any consulting,
advisory, or other compensatory
fee from the Corporation; or
(bb) be a person associated
with the Corporation or with
any affiliated company thereof;
and
(II) shall be disqualified from any
deliberation involving any transaction
of the Corporation in which the Board
member has a financial interest in the
outcome of the transaction.
(F) Not officers or employees.--The non-Federal
members of the Board shall not, by reason of such
membership, be considered to be officers or employees
of the United States Government or of the District of
Columbia Government.
(G) Citizenship.--No individual other than a
citizen of the United States may serve as a non-Federal
member of the Board.
(b) Terms of Appointment.--
(1) Initial appointment deadline.--Members of the Board
shall be appointed not later than 180 days after the date of
the enactment of this Act.
(2) Terms.--
(A) Length.--
(i) Federal members.--Each Federal member
of the Board shall serve as a member of the
Board for the life of the Corporation.
(ii) Non-federal members.--The term of
office of each non-Federal member of the Board
shall be 3 years. No non-Federal member of the
Board may serve more than 2 consecutive full 3-
year terms.
(B) Expiration of term.--Any member 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.
(C) Appointment to fill vacancy.--Any non-Federal
member 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.
(D) Staggered terms.--With respect to the initial
non-Federal members of the Board--
(i) 4 members shall serve for a term of 3
years;
(ii) 4 members shall serve for a term of 2
years; and
(iii) 3 members shall serve for a term of 1
year.
(3) Vacancies.--A vacancy in the membership of the Board
shall not affect the Board's powers, and shall be filled in the
same manner as the original member was appointed.
(c) Chair.--
(1) Selection.--The Secretary of Commerce shall select,
from among the non-Federal members of the Board, an individual
to serve for a 2-year term as Chair of the Board.
(2) Consecutive terms.--An individual may not serve for
more than 2 consecutive terms as Chair of the Board.
(3) Removal for cause.--The Secretary of Commerce may
remove the Chair of the Board and any non-Federal member for
good cause.
(d) Removal.--All members of the Board may by majority vote--
(1) remove any non-Federal member of the Board from office
for conduct determined by the Board to be detrimental to the
Board or Corporation; and
(2) request that the Secretary of Commerce exercise his or
her authority to remove the Chair of the Board for conduct
determined by the Board to be detrimental to the Board or
Corporation.
(e) Meetings.--
(1) Frequency.--The Board shall meet in accordance with the
bylaws of the Corporation--
(A) at the call of the Chairperson; and
(B) not less frequently than once each quarter.
(2) Transparency.--Meetings of the Board, including any
committee 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.
(f) Quorum.--Eight members of the Board shall constitute a quorum,
including at least 6 non-Federal members of the Board.
(g) Bylaws.--A majority of the members of the Board of Directors
may amend the bylaws of the Corporation.
(h) Attendance.--Members of the Board of Directors may attend
meetings of the Corporation and vote in person, via telephone
conference, or via video conference.
(i) Prohibition on Compensation.--A member of the Board of the
Corporation shall serve without pay, and shall not otherwise benefit,
directly or indirectly, as a result of their 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.
SEC. 204. OFFICERS, EMPLOYEES, AND COMMITTEES OF THE CORPORATION.
(a) Officers and Employees.--
(1) In general.--The Corporation shall have a Chief
Executive Officer, and such other officers and employees as may
be named and appointed by the Board for terms and at rates of
compensation fixed by the Board pursuant to this subsection.
The Chief Executive Officer may name and appoint such employees
as are necessary. All officers and employees shall serve at the
pleasure of the Board.
(2) Limitation.--No individual other than a citizen of the
United States may be an officer of the Corporation.
(3) Nonpolitical nature of appointment.--No political test
or qualification shall be used in selecting, appointing,
promoting, or taking other personnel actions with respect to
officers, agents, or employees of the Corporation.
(4) Compensation.--
(A) In general.--The Board may hire and fix the
compensation of employees hired under this subsection
as may be necessary to carry out the purposes of the
Corporation.
(B) Approval of compensation by federal members.--
Notwithstanding any other provision of law, or any
bylaw adopted by the Corporation, all rates of
compensation, including benefit plans and salary
ranges, for officers and employees of the Board, shall
be jointly approved by the Federal members of the
Board.
(C) Limitation on other compensation.--No officer
or employee of the Corporation may receive any salary
or other compensation (except for compensation for
services 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 officer or employee by the
Corporation.
(5) Service on other boards.--Service by any officer on
boards of directors of other organizations, on committees of
such boards, and in similar activities for such organizations
shall be subject to annual advance approval by the Board and
subject to the provisions of the Corporation's Statement of
Ethical Conduct.
(6) Rule of construction.--No officer or employee of the
Board or of the Corporation shall be considered to be an
officer or employee of the United States Government or of the
government of the District of Columbia.
(b) Advisory Committees.--The Board--
(1) shall establish a standing public safety advisory
committee to assist the Board in carrying out its duties and
responsibilities under this subtitle; and
(2) may establish additional standing or ad hoc committees,
panels, or councils as the Board determines are necessary.
(c) Selection of Agents, Consultants, and Experts.--
(1) In general.--The Board shall select parties to serve as
its agents, consultants, or experts in a fair, transparent, and
objective manner.
(2) Binding and final.--If the selection of an agent,
consultant, or expert satisfies the requirements under
paragraph (1), the selection of that agent, consultant, or
expert shall be final and binding.
SEC. 205. NONPROFIT AND NONPOLITICAL NATURE OF THE CORPORATION.
(a) Stock.--The Corporation shall have no power to issue any shares
of stock, or to declare or pay any dividends.
(b) 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.
(c) Politics.--The Corporation may not contribute to or otherwise
support any political party or candidate for elective public office.
(d) Prohibition on Lobbying Activities.--The Corporation shall not
engage in lobbying activities (as defined in section 3(7) of the
Lobbying Disclosure Act of 1995 (5 U.S.C. 1602(7))).
SEC. 206. POWERS, DUTIES, AND RESPONSIBILITIES OF THE CORPORATION.
(a) General Powers.--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 its Board, 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 its Board, all
powers specifically granted by the provisions of this subtitle,
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 issue notes or bonds to purchasers of such
instruments in the private capital markets.
(9) To incur indebtedness to carry out the purposes of this
subtitle.
(10) To spend funds 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.
(11) 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.
(12) To expend the funds placed in any reserve accounts
established under paragraph (11) (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.
(13) To take such other actions as the Corporation (through
its Board) may from time to time determine necessary,
appropriate, or advisable to accomplish the purposes of this
subtitle.
(b) Duty and Responsibility To Deploy and Operate a Nationwide
Public Safety Interoperable Broadband Network.--
(1) In general.--The Corporation shall hold the single
public safety wireless license granted under section 201 and
take all actions necessary to ensure the building, deployment,
and operation of a nationwide public safety interoperable
broadband network in consultation with Federal, State, tribal,
and local public safety entities, the Director of NIST, the
Commission, and the public safety advisory committee
established in section 204(b)(1), including by, at a minimum--
(A) ensuring nationwide standards for use and
access of the network;
(B) issuing open, transparent, and competitive
requests for proposals to private sector entities for
the purposes of building, operating, and maintaining
the network;
(C) encouraging that such requests leverage, to the
maximum extent economically desirable, existing
commercial wireless infrastructure to speed deployment
of the network; and
(D) managing and overseeing the implementation and
execution of contracts or agreements with non-Federal
entities to build, operate, and maintain the network.
(2) Interoperability.--In carrying out the duties and
responsibilities of this subsection, including issuing requests
for proposals, the Corporation shall--
(A) ensure the safety, security, and resiliency of
the network, including requirements for protecting and
monitoring the network to protect against cyberattack;
(B) promote competition in the equipment market,
including devices for public safety communications, by
requiring that equipment for use on the network be--
(i) built to open, non-proprietary,
commercially available standards;
(ii) capable of being used by any public
safety entity and by multiple vendors across
all public safety broadband networks operating
in the 700 MHz band; and
(iii) backward-compatible with existing
second and third generation commercial networks
to the extent that such capabilities are
necessary and technically and economically
reasonable; and
(C) promote integration of the network with public
safety answering points or their equivalent.
(3) Rural coverage.--In carrying out the duties and
responsibilities of this subsection, including issuing requests
for proposals, the Corporation, consistent with the license
granted under section 201, shall require deployment phases with
substantial rural coverage milestones as part of each phase of
the construction and deployment of the network. To the maximum
extent economically desirable, such proposals shall include
partnerships with existing commercial mobile providers to
utilize cost-effective opportunities to speed deployment in
rural areas.
(4) Execution of authority.--In carrying out the duties and
responsibilities of this subsection, the Corporation may--
(A) obtain grants from and make contracts with
individuals, private companies, and Federal, State,
regional, and local agencies;
(B) hire or accept voluntary services of
consultants, experts, advisory boards, and panels to
aid the Corporation in carrying out such duties and
responsibilities;
(C) receive payment for use of--
(i) network capacity licensed to the
Corporation; and
(ii) network infrastructure constructed,
owned, or operated by the Corporation; and
(D) take such other actions as may be necessary to
accomplish the purposes set forth in this subsection.
(c) Other Specific Duties and Responsibilities.--
(1) Establishment of network policies.--In carrying out the
requirements under subsection (b), the Corporation shall
develop--
(A) requests for proposals with appropriate--
(i) timetables for construction, including
by taking into consideration the time needed to
build out to rural areas and the advantages
offered through partnerships with existing
commercial providers under paragraph (3);
(ii) coverage areas, including coverage in
rural and nonurban areas;
(iii) service levels;
(iv) performance criteria; and
(v) other similar matters for the
construction and deployment of such network;
(B) the technical and operational requirements of
the network;
(C) practices, procedures, and standards for the
management and operation of such network;
(D) terms of service for the use of such network,
including billing practices; and
(E) ongoing compliance review and monitoring of
the--
(i) management and operation of such
network;
(ii) practices and procedures of the
entities operating on and the personnel using
such network; and
(iii) necessary training needs of network
operators and users.
(2) State and local planning.--
(A) Required consultation.--In developing requests
for proposals and otherwise carrying out its
responsibilities under this Act, the Corporation shall
consult with regional, State, tribal, and local
jurisdictions regarding the distribution and
expenditure of any amounts required to carry out the
policies established under paragraph (1), including
with regard to the--
(i) construction of an Evolved Packet Core
and any Radio Access Network build out;
(ii) placement of towers;
(iii) coverage areas of the network,
whether at the regional, State, tribal, or
local level;
(iv) adequacy of hardening, security,
reliability, and resiliency requirements;
(v) assignment of priority to local users;
(vi) assignment of priority and selection
of entities seeking access to or use of the
nationwide public safety interoperable
broadband network established under subsection
(b); and
(vii) training needs of local users.
(B) Method of consultation.--The consultation
required under subparagraph (A) shall occur between the
Corporation and the single officer or governmental body
designated under section 222(d).
(3) Leveraging existing infrastructure.--In carrying out
the requirement under subsection (b), the Corporation shall
enter into agreements to utilize, to the maximum extent
economically desirable, existing--
(A) commercial or other communications
infrastructure; and
(B) Federal, State, tribal, or local
infrastructure.
(4) Maintenance and upgrades.--The Corporation shall ensure
the maintenance, operation, and improvement of the nationwide
public safety interoperable broadband network established under
subsection (b), including by ensuring that the Corporation
updates and revises any policies established under paragraph
(1) to take into account new and evolving technologies.
(5) Roaming agreements.--The Corporation shall negotiate
and enter into, as it determines appropriate, roaming
agreements with commercial network providers to allow the
nationwide public safety interoperable broadband network to
roam onto commercial networks and gain prioritization of public
safety communications over such networks in times of an
emergency.
(6) Network infrastructure and device criteria.--The
Director of NIST, in consultation with the Corporation and the
Commission, shall ensure the development of a list of certified
devices and components meeting appropriate protocols and
standards for public safety entities and commercial vendors to
adhere to, if such entities or vendors seek to have access to,
use of, or compatibility with the nationwide public safety
interoperable broadband network established under subsection
(b).
(7) Representation before standard setting entities.--The
Director of NIST, in consultation with the Corporation, the
Commission, and the public safety advisory committee
established under section 204(b)(1), shall represent the
interests of public safety users of the nationwide public
safety interoperable broadband network established under
subsection (b) before any proceeding, negotiation, or other
matter in which a standards organization, standards body,
standards development organization, or any other recognized
standards-setting entity regarding the development of standards
relating to interoperability.
(8) Prohibition on negotiation with foreign governments.--
The Corporation shall not have the authority to negotiate or
enter into any agreements with a foreign government on behalf
of the United States.
(d) 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. 207. INITIAL FUNDING FOR THE CORPORATION.
(a) NTIA Loans to the Corporation.--
(1) In general.--Prior to the commencement of incentive
auctions to be carried out under section 309(j)(8)(F) of the
Communications Act of 1934 or the auction of spectrum pursuant
to section 302, the NTIA is authorized to make loans to the
Corporation.
(2) Condition of loans.--At the time of application for,
and as a condition to, any such loan, the Corporation shall
file with the NTIA a statement with respect to the anticipated
use of the proceeds of the loan.
(3) NTIA approval.--If the NTIA determines that such loan
is necessary for the Corporation to carry out its duties and
responsibilities under this subtitle and that the Corporation
has submitted a plan which provides as reasonable an assurance
of prompt repayment as may be feasible under the circumstances,
then the NTIA shall so certify to the Secretary of the
Treasury, and issue notes or other obligations to the Secretary
of the Treasury pursuant to subsection (b).
(b) NTIA Notes Issued to Treasury.--
(1) In general.--To enable the NTIA to make loans under
subsection (a), the NTIA is authorized to issue to the
Secretary of the Treasury notes or other obligations, in such
forms and denominations, bearing such maturities, and subject
to such terms and conditions, as may be prescribed by the
Secretary of the Treasury.
(2) Interest on notes.--
(A) Establishment.--Any notes or other obligations
issued pursuant to paragraph (1) shall bear interest at
a rate determined by the Secretary of the Treasury,
taking into consideration the current average market
yield on outstanding marketable obligations of the
United States of comparable maturities during the month
preceding the issuance of the notes or other
obligations.
(B) Reduction.--The Secretary of the Treasury may
reduce the interest rate set forth under subparagraph
(A) if he determines such reduction to be in the
national interest.
(3) Authority of the treasury to sell notes.--The Secretary
of the Treasury may at any time sell any of the notes or other
obligations acquired by him under this subsection. All
redemptions, purchases, and sales by the Secretary of the
Treasury of such notes or other obligations shall be treated as
public debt transactions of the United States.
SEC. 208. PERMANENT SELF-FUNDING; DUTY TO ASSESS AND COLLECT FEES FOR
NETWORK USE.
(a) In General.--The Corporation is authorized to assess and
collect the following fees:
(1) Network user fee.--A user or subscription fee from each
entity, including any public safety entity or secondary user,
that seeks access to or use of the nationwide public safety
interoperable broadband network established under this
subtitle.
(2) Lease fees related to network capacity.--
(A) In general.--A fee from any entity that seeks
to enter into a covered leasing agreement.
(B) Covered leasing agreement.--For purposes of
subparagraph (A), a ``covered leasing agreement'' means
a written agreement between the Corporation and
secondary user to permit--
(i) access to network capacity on a
secondary basis for non-public safety services;
and
(ii) the spectrum allocated to such entity
to be used for commercial transmissions along
the dark fiber of the long-haul network of such
entity.
(3) Lease fees related to network equipment and
infrastructure.--A fee from any entity that seeks access to or
use of any equipment or infrastructure, including antennas or
towers, constructed or otherwise owned by the Corporation.
(b) Establishment of Fee Amounts; Permanent Self-Funding.--The
total amount of the fees assessed for each fiscal year pursuant to this
section shall be sufficient, and shall not exceed the amount necessary,
to recoup the total expenses of the Corporation in carrying out its
duties and responsibilities described under this subtitle for the
fiscal year involved.
(c) Required Reinvestment of Funds.--The Corporation shall reinvest
amounts received from the assessment of fees under this section in the
nationwide public safety interoperable broadband network by using such
funds only for constructing, maintaining, or improving the network.
SEC. 209. AUDIT AND REPORT.
(a) Audit.--
(1) 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 by the Comptroller General of the United States
annually 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. Each audit conducted by the Comptroller General under
this paragraph shall be made available to Congress.
(2) Location.--Any audit conducted under paragraph (1)
shall be conducted at the place or places where accounts of the
Corporation are normally kept.
(3) Access to corporation books and documents.--
(A) In general.--For purposes of an audit conducted
under paragraph (1), 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.
(B) Requirement.--All books, accounts, records,
reports, files, papers, and property of the Corporation
shall remain in the possession and custody of the
Corporation.
(b) Report.--
(1) In general.--The Comptroller General of the United
States shall submit a report of each audit conducted under
subsection (a) to--
(A) the appropriate committees of Congress;
(B) the President; and
(C) the Corporation.
(2) Contents.--Each report submitted under paragraph (1)
shall contain--
(A) such comments and information as the
Comptroller General determines necessary to inform
Congress of the financial operations and condition of
the Corporation;
(B) any recommendations of the Comptroller General
relating to the financial operations and condition of
the Corporation; and
(C) 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.
SEC. 210. ANNUAL REPORT TO CONGRESS.
(a) 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.
(b) Required Content.--The report required under subsection (a)
shall include--
(1) a comprehensive and detailed report of the operations,
activities, financial condition, and accomplishments of the
Corporation under this section; and
(2) such recommendations or proposals for legislative or
administrative action as the Corporation deems appropriate.
(c) Availability To Testify.--The directors, officers, employees,
and agents of the Corporation shall be available to testify before the
appropriate committees of the Congress with respect to--
(1) the report required under subsection (a);
(2) the report of any audit made by the Comptroller General
under section 209; or
(3) any other matter which such committees may determine
appropriate.
SEC. 211. PUBLIC SAFETY ROAMING AND PRIORITY ACCESS.
The Commission may adopt rules, if necessary in the public
interest, to improve the ability of public safety networks to roam onto
commercial networks and to gain priority access to commercial networks
in an emergency if--
(1) the public safety entity equipment is technically
compatible with the commercial network;
(2) the commercial network is reasonably compensated; and
(3) such access does not preempt or otherwise terminate or
degrade all existing voice conversations or data sessions.
SEC. 212. TRANSITIONAL ANALYSIS OF PUBLIC SAFETY NETWORK ATTRIBUTES.
(a) Establishment of Evaluation Framework.--Not later than 180 days
after the date of enactment of this Act, the Director of NIST, in
consultation with the Secretary of Homeland Security, the Attorney
General, and the Director of the Office of Management and Budget, shall
develop an evaluation framework. The development of such an evaluation
framework shall be informed by a study commissioned by the Director of
NIST and completed by an independent and neutral agent, consultant, or
expert, who has--
(1) at least 5 years of technical and economic experience
in analyzing the costs and effectiveness of communications
networks; and
(2) agreed not to contract or subcontract with the
Corporation for at least 3 years from the date such study is
completed other than for follow-on and related studies.
(b) Considerations.--The evaluation framework required to be
developed under subsection (a) shall take into consideration the public
safety network attributes identified in a report completed by the
Visiting Committee on Advanced Technology of NIST. The report required
under this subsection shall identify the desired attributes of the
nationwide public safety interoperable broadband network to be
established under this title, as well as any other attributes the
Secretary of Commerce may request.
(c) Required Evaluations.--The evaluation framework required to be
developed under subsection (a) shall evaluate--
(1) the marginal cost of each public safety network
attribute in developing, deploying, and operating the
nationwide public safety interoperable broadband network to be
established under this title;
(2) the benefit of each public safety network attribute to
the nationwide public safety interoperable broadband network;
(3) the economic feasibility of requiring that each public
safety attribute be required as part of the nationwide public
safety interoperable broadband network;
(4) the resulting competitive vendor supply ecosystem
created by each public safety attribute that is a part of the
nationwide public safety interoperable broadband network; and
(5) the level of variability in regional requirements for
each public safety attribute that is a part of the nationwide
public safety interoperable broadband network.
(d) Provision of Framework to the Corporation.--The evaluation
framework required to be developed under subsection (a) shall be
provided to the Board of Directors of the Corporation, and the
Corporation shall utilize the findings of such framework to develop a
cost-benefit analysis to inform the building, deployment, and operation
of the nationwide public safety interoperable broadband network to be
established under this title.
(e) OMB Responsibility.--The Director of the Office of Management
and Budget, or his designee, as a member of the Board of Directors of
the Corporation, shall have the responsibility to ensure that
evaluation framework required to be developed under subsection (a) is
appropriately utilized by the Corporation.
SEC. 213. PROHIBITION ON DIRECT OFFERING OF COMMERCIAL
TELECOMMUNICATIONS SERVICE DIRECTLY TO CONSUMERS.
(a) In General.--The Corporation shall not offer, provide, or
market commercial telecommunications or information services directly
to consumers.
(b) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Corporation and a secondary user from
entering into a covered leasing agreement pursuant to section
208(a)(2)(B). Nothing in this section shall be construed to limit the
Corporation from collecting lease fees related to network equipment and
infrastructure pursuant to section 208(a)(3).
SEC. 214. PROVISION OF TECHNICAL ASSISTANCE.
The Commission may provide technical assistance to the Corporation
and may take any action necessary to assist the Corporation in
effectuating its duties and responsibilities under this subtitle.
Subtitle B--Public Safety Commitments
SEC. 221. STATE AND LOCAL IMPLEMENTATION FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``State and Local
Implementation Fund''.
(b) Purpose.--The Assistant Secretary shall establish and
administer the grant program under section 222 using the funds
deposited in the State and Local Implementation Fund.
(c) Crediting of Receipts.--There shall be deposited into or
credited to the State and Local 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 222.
(2) Reimbursement.--The Assistant Secretary shall reimburse
the general fund of the Treasury, without interest, for any
amounts borrowed under subparagraph (A) as funds are deposited
into the State and Local Implementation Fund.
SEC. 222. STATE AND LOCAL IMPLEMENTATION.
(a) Establishment of State and Local Implementation 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 States to assist State, regional,
tribal, and local jurisdictions to identify, plan, and implement the
most efficient and effective way for such jurisdictions to utilize and
integrate the infrastructure, equipment, and other architecture
associated with the nationwide public safety interoperable broadband
network established under subtitle A to satisfy the wireless
communications and data services needs of that jurisdiction, including
with regards to coverage, siting, and other needs.
(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
establishment of the bylaws of the Corporation pursuant to section 206,
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) Certification and Designation of Officer or Governmental
Body.--In carrying out the grant program established under this
section, the Assistant Secretary shall require each State to certify in
its application for grant funds that the State has designated a single
officer or governmental body to serve as the coordinator of
implementation of the grant funds.
SEC. 223. PUBLIC SAFETY WIRELESS COMMUNICATIONS RESEARCH AND
DEVELOPMENT.
(a) NIST Directed Research and Development Program.--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 the requirement under
subsection (a), the Director of NIST, in consultation with the
Corporation and the public safety advisory committee established under
section 204(b)(1), shall--
(1) document public safety wireless communications
technical requirements;
(2) accelerate the development of the capability for
communications between currently deployed public safety
narrowband systems and the nationwide public safety
interoperable broadband network to be established under this
title;
(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,
including device-to-device ``talkaround'' capability over
broadband networks, public safety prioritization,
authentication capabilities, and standard application
programing interfaces for the nationwide public safety
interoperable broadband network to be established under this
title, 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 nationwide
public safety interoperable broadband network to be established
under this title; and
(6) convene working groups of relevant government and
commercial parties to achieve the requirements in paragraphs
(1) through (5).
SEC. 224. ADVANCED INFORMATION AND COMMUNICATIONS TECHNOLOGY RESEARCH.
(a) Advanced Communications Services for All Americans.--The
Director of NIST shall continue to support research and support
standards development in advanced information and communications
technologies focused on enhancing or facilitating the availability and
affordability of advanced communications services to all Americans, in
order to implement the Institute's responsibilities under section
2(c)(12) of the National Institute of Standards and Technology Act (15
U.S.C. 272(c)(12)). The Director of NIST shall support intramural
research and cooperative research with institutions of higher education
(as defined in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a))) and industry.
(b) DARPA Research.--
(1) In general.--From amounts made available from the
Public Safety Trust Fund established under section 401, the
Defense Advanced Research Projects Agency (referred to in this
subsection as ``DARPA'') shall conduct wireless communications
research to develop more secure, reliable, and flexible radio-
frequency systems for Federal wireless users. Areas of research
to be supported by this subsection include, but are not limited
to--
(A) technologies to increase wireless data
transmission speeds to enable the next generation of
Federal networks;
(B) spectrum sharing and interference mitigation
techniques to enable more efficient uses of wireless
spectrum;
(C) technologies to allow and foster the
reallocation of spectrum, if appropriate, for non-
Federal use; and
(D) research that fosters the conversion of the
Department of Defense's wireless communications
systems, and those of other Federal users, to more
advanced or more efficient systems.
(2) Cooperation.--In carrying out this subsection, DARPA
shall collaborate where appropriate with NTIA, NIST, NSF, and
other interested Federal agencies.
(3) Limitation on use.--Not more than 5 percent of any
amounts made available in a fiscal year from the Public Safety
Trust Fund established under section 401 may be used by DARPA
to cover the administrative expenses incurred in carrying out
this subsection.
(4) OMB review.--Amounts appropriated to DARPA under this
subsection shall be available upon approval by the Director of
the Office of Management and Budget of an implementation plan
that has been developed and submitted to the Director by the
head of DARPA.
TITLE III--SPECTRUM AUCTION AUTHORITY
SEC. 301. 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. AUCTION OF SPECTRUM.
(a) Identification of Spectrum.--Not later than 1 year after the
date of enactment of this Act, the Assistant Secretary shall identify
and make available for immediate reallocation, at a minimum, 15
megahertz of contiguous spectrum at frequencies located between 1675
megahertz and 1710 megahertz, inclusive, minus the geographic exclusion
zones, or any amendment thereof, identified in NTIA's October 2010
report 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''.
(b) Auction.--Not later than January 31, 2014, the Commission shall
conduct the auctions of the following licenses, by commencing the
bidding for:
(1) The spectrum between the frequencies of 1915 megahertz
and 1920 megahertz, inclusive.
(2) The spectrum between the frequencies of 1995 megahertz
and 2000 megahertz, inclusive.
(3) The spectrum between the frequencies of 2020 megahertz
and 2025 megahertz, inclusive.
(4) The spectrum between the frequencies of 2155 megahertz
and 2175 megahertz, inclusive.
(5) The spectrum between the frequencies of 2175 megahertz
and 2180 megahertz, inclusive.
(6) The spectrum between the frequencies of 1755 megahertz
and 1850 megahertz, inclusive.
(7) The spectrum identified pursuant to subsection (a).
(c) Auction Organization.--The Commission may, if technically
feasible and consistent with the public interest, combine the spectrum
identified in paragraphs (4), (5), and the portion of paragraph (6)
between the frequencies of 1755 megahertz and 1780 megahertz,
inclusive, of subsection (b) in an auction of licenses for paired
spectrum blocks.
(d) Further Reallocation of Certain Other Spectrum.--
(1) Covered spectrum.--For purposes of this subsection, the
term ``covered spectrum'' means the portion of the
electromagnetic spectrum between the frequencies of 3550 to
3650 megahertz, inclusive, minus the geographic exclusion
zones, or any amendment thereof, identified in NTIA's October
2010 report entitled ``An Assessment of Near-Term Viability of
Accommodating Wireless Broadband Systems in 1675-1710 MHz,
1755-1780 MHz, 3550-3650 MHz, and 4200-4220 MHz, 4380-4400 MHz
Bands''.
(2) In general.--Consistent with requirements of section
309(j) of the Communications Act of 1934, the Commission shall
reallocate covered spectrum for assignment by competitive
bidding unless the President of the United States determines
that--
(A) such spectrum cannot be reallocated due to the
need to protect incumbent Federal systems from
interference; or
(B) allocation of other spectrum--
(i) better serves the public interest,
convenience, and necessity; and
(ii) can reasonably be expected to produce
receipts comparable to what the covered
spectrum might auction for without the
geographic exclusion zones.
(3) Actions required if covered spectrum cannot be
reallocated.--
(A) In general.--If the President makes a
determination under paragraph (2) that the covered
spectrum cannot be reallocated, then the President
shall, within 1 year after the date of such
determination--
(i) identify alternative bands of
frequencies totaling more than 20 megahertz and
no more than 100 megahertz of spectrum used
primarily by Federal agencies that satisfy the
requirements of clauses (i) and (ii) of
paragraph (2)(B);
(ii) report to the appropriate committees
of Congress and the Commission an
identification of such alternative spectrum for
assignment by competitive bidding; and
(iii) make such alternative spectrum for
assignment immediately available for
reallocation.
(B) Auction.--If the President makes a
determination under paragraph (2) that the covered
spectrum cannot be reallocated, the Commission shall
commence the bidding of the alternative spectrum
identified pursuant to subparagraph (A) within 3 years
of the date of enactment of this Act.
(4) Actions required if covered spectrum can be
reallocated.--If the President does not make a determination
under paragraph (1) that the covered spectrum cannot be
reallocated, the Commission shall commence the competitive
bidding for the covered spectrum within 3 years of the date of
enactment of this Act.
(e) Proceeds.--Notwithstanding section 309(j)(8)(A) of the
Communications Act of 1934, and except as provided in subparagraphs
(B), (C), and (D) of such section 309(j)(8), all proceeds (including
deposits and up front payments from successful bidders) from the
auctions to be carried out pursuant to subsections (b) and (d) shall be
deposited with the Public Safety Trust Fund established under section
401.
(f) Amendments To Design Requirements Related to Competitive
Bidding.--Section 309(j) of the Communications Act of 1934 (47 U.S.C.
309(j)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (E)(ii), by striking ``; and''
and inserting a semicolon;
(B) in subparagraph (F), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(G) ensuring that there is an adequate
opportunity for applicants to obtain licenses covering
both large and small geographic areas, as such areas
are determined by the Commission.''; and
(2) by amending clause (i) of the second sentence of
paragraph (8)(C) to read as follows:
``(i) the deposits--
``(I) of successful bidders of any
auction conducted pursuant to
subparagraph (F) or to section 302 of
the Public Safety Spectrum and Wireless
Innovation Act shall be paid to the
Public Safety Trust Fund established
under section 401 of such Act; and
``(II) of successful bidders of any
other auction shall be paid to the
Treasury;''.
SEC. 303. INCENTIVE AUCTION AUTHORITY.
(a) In General.--Paragraph (8) of section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) is amended--
(1) in subparagraph (A), by striking ``(B), (D), and (E),''
and inserting ``(B), (D), (E), and (F),''; and
(2) by adding at the end the following:
``(F) Incentive auction authority.--
``(i) Authority.--Notwithstanding any other
provision of law, if the Commission determines
that it is consistent with the public interest
in utilization of the spectrum for a licensee
to relinquish voluntarily some or all of its
licensed spectrum usage rights in order to
permit the assignment of new initial licenses
through a competitive bidding process subject
to new service rules, or the designation of new
spectrum for unlicensed use, the Commission may
disburse to that licensee a portion of any
auction proceeds that the Commission
determines, in its discretion, are attributable
to the licensee's relinquished spectrum usage
rights, provided that television broadcast
stations required to be carried pursuant to
sections 338, 614, or 615 that voluntarily
elect to share a channel shall retain the
rights to carriage set forth in such sections
and the rules of the Commission, as such rights
apply to such station at its shared location.
``(ii) Limitation.--The Commission may not
conduct more than one incentive auction of
frequencies licensed to television stations
pursuant to the provisions of section 303 of
this Act.
``(iii) Prohibition.--
``(I) In general.--The Commission
may not reclaim spectrum licensed on a
primary basis to a television broadcast
station, directly or indirectly, on an
involuntary basis for purposes of
providing spectrum to carry out an
incentive auction under this
subparagraph.
``(II) Modification or
revocation.--Notwithstanding the
provisions in sections 303 and 304, the
Commission shall have no authority to
modify or revoke a license or take any
action if the effect of such
modification, revocation, or other
action is to compel a licensee to
participate in an incentive auction as
authorized in this section or otherwise
make frequencies available for such an
auction.
``(III) Repacking permitted.--The
Commission may reassign the frequency
which a television broadcast station
licensee is permitted to utilize, or a
portion thereof in accordance with the
provisions of this section, only if
such reassignment--
``(aa) consists of a 6 MHz
channel, located between
channels 14 and 50, inclusive,
in the same geographic market
and with the same city of
license, to each such licensee,
and
``(bb) preserves such
licensee's--
``(AA) signal power
level;
``(BB) tower height
or transmission
architecture; and
``(CC) interference
levels with respect to
such licensee's signal.
``(IV) Low-power television.--
``(aa) In general.--The
Commission may not reclaim
spectrum licensed to a low-
power television licensee,
directly or indirectly, on an
involuntary basis, unless the
Commission finds the low-power
television licensee a
replacement channel with
similar population coverage in
the UHF television band of
frequencies.
``(bb) Exception.--If the
Commission or the licensee
cannot locate a suitable
channel within the UHF band,
after an explanation to the
licensee showing the basis for
the determination that no
channel is available, the
Commission shall--
``(AA) collocate
multiple low-power
television licensees in
a channel in the UHF
band, by using channel
sharing, with each
licensee assigned half
of the total bandwidth;
or
``(BB) if no space
exists for collocation
of low-power television
licensees in the UHF
band as described in
item (aa), assign a
low-power television
licensee a full channel
between channels seven
and 13, inclusive, in
the VHF band.
``(V) Prohibition.--The Commission
may not require any television station
licensee involuntarily to collocate its
facilities with the facilities of any
other television broadcast station
licensee in order to transmit on the
same frequency.
``(VI) Collocation permitted.--
Notwithstanding the requirement of
subclause (III)(aa) that a frequency
reassignment must consist of a 6 MHz
channel, in any given market any 2
television broadcast station licensees
shall be permitted to collocate their
facilities in order to transmit on the
same frequency.
``(VII) Treatment of transmission
from collocated facilities.--The
transmission of any television
broadcast stations voluntarily electing
to share a 6 MHz channel shall each be
treated as a `primary channel' for
purposes of the Commission's
regulations implementing sections 338,
614, and 615 as in effect on the date
of enactment of this subclause.
``(VIII) Reimbursement of costs.--
Any licensee that is affected, directly
or indirectly, by the Commission
reassigning a licensee to a different
channel shall be reimbursed for the
costs resulting from such reassignment,
including--
``(aa) those associated
with the modification or
replacement of broadcast signal
transmission facilities and
equipment, including the cost
of temporary facilities;
``(bb) those associated
with the construction,
replacement, or relocation of a
broadcast transmission tower,
to the extent that those costs
are related either to the
reassignment to a different
channel that a licensee is
authorized to utilize, or to
mitigate interference resulting
from the reassignment of
another licensee;
``(cc) those associated
with the upgrade, replacement,
or relocation of translator or
booster stations affiliated
with the relevant full-power
licensee;
``(dd) those associated
with consumer education efforts
concerning the effect of a
Commission reassignment of
channels in a designated market
area; and
``(ee) any other costs
directly or indirectly
resulting from the reassignment
of channels in a designated
market area.
``(IX) Unlicensed spectrum.--With
respect to frequency bands between 54
and 72 MHz, 76 and 88 MHz, 174 and 216
MHz, 470 and 698 MHz, 84 MHz shall be
assigned via a competitive bidding
process. A portion of the proceeds from
the competitive bidding of the
frequency bands identified in the prior
sentence may, if consistent with the
public interest, be disbursed to other
licensees, for the purpose of ensuring
that unlicensed spectrum remains
available in these frequency bands,
nationwide, and in each local market.
``(iv) Treatment of revenues.--
Notwithstanding subparagraph (A), and except as
provided in subparagraphs (B), (C), and (D),
all proceeds (including deposits and up front
payments from successful bidders) from the
auction of spectrum under this subparagraph
shall be deposited with the Public Safety Trust
Fund established under section 401 of the
Public Safety Spectrum and Wireless Innovation
Act.
``(G) Establishment of incentive auction relocation
fund.--
``(i) In general.--There is established in
the Treasury of the United States a fund to be
known as the `Incentive Auction Relocation
Fund'.
``(ii) Administration.--The Assistant
Secretary shall administer the Incentive
Auction Relocation Fund using the amounts
deposited pursuant to this section.
``(iii) Crediting of receipts.--There shall
be deposited into or credited to the Incentive
Auction Relocation Fund any amounts specified
in section 401 of the Public Safety Spectrum
and Wireless Innovation Act.
``(iv) Availability.--Amounts in the
Incentive Auction Relocation Fund shall be
available to the NTIA for use--
``(I) for a period not to exceed 18
months following the later of--
``(aa) the completion of
incentive auction from which
such amounts were derived; or
``(bb) the date on which
the Commission issues all the
new channel assignments
pursuant to any repacking
required under subparagraph
(F)(iii)(III); and
``(II) without further
appropriation.
``(v) Use of funds.--Amounts in the
Incentive Auction Relocation Fund may only be
used by the NTIA, in consultation with the
Commission, to cover--
``(I) the costs identified in
subparagraph (F)(iii)(VIII); and
``(II) the costs incurred by
multichannel video programming
distributors for new equipment,
installation, and construction related
to the carriage of such relocated
stations or the carriage of stations
that voluntarily elect to share a
channel, but retain their existing
rights to carriage pursuant to sections
338, 614, and 615.''.
(b) Incentive Auctions To Repurpose Certain Mobile Satellite
Services Spectrum for Terrestrial Broadband Use.--To the extent that
the Commission makes available spectrum licenses on some or all of the
frequencies between 2000 and 2020 MHz and 2180 and 2200 MHz for
terrestrial broadband use, such licenses shall be assigned pursuant to
the authority provided in section 309(j)(8) of the Communications Act
of 1934 (47 U.S.C. 309(j)(8)), including, as appropriate, subparagraph
(F) of such section.
(c) Sense of Congress.--It is the sense of Congress that any
spectrum identified for auction under this section should be licensed--
(1) on a flexible use basis to the extent technologically
feasible; and
(2) consistent with the public interest, convenience, and
necessity.
SEC. 304. EFFICIENT USE OF PUBLIC SAFETY SPECTRUM.
(a) Study and Report.--Not later than 180 days after the date of
enactment of this Act and not later than every 2 years thereafter, the
Commission shall conduct a study and submit a report to the appropriate
committees of Congress and to the Corporation on the spectrum used by
public safety licensees or for public safety services pursuant to
section 337(f) of the Communications Act of 1934 (47 U.S.C. 337).
(b) Requirements.--The report required under subsection (a) shall--
(1) inventory the spectrum assigned to public safety use;
and
(2) include--
(A) the amount of spectrum allocated to public
safety use;
(B) the number of licensees and amount of spectrum
assigned to each licensee;
(C) a general description of technologies and
systems in each band;
(D) an approximation of network coverage, as
appropriate, of major systems (such as an estimation of
land mobile radio coverage by population) in major
metropolitan areas; and
(E) an approximate number of users of major
systems, such as the number of first responders using
land mobile radio, in major metro areas;
(3) assess if spectrum is adequate to meet the current and
future needs for public safety services; and
(4) assess the opportunity for return of any additional
spectrum to the Commission for reallocation.
SEC. 305. REPORT ON SATELLITE BROADBAND.
Not later than 2 years after the date of 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
to assist public safety entities during an emergency.
SEC. 306. FEDERAL INFRASTRUCTURE SHARING.
The Administrator of General Services shall establish rules to
allow public safety entities licensed or otherwise permitted to use
spectrum allocated to the Public Safety Broadband Corporation to have
access to those components of Federal infrastructure appropriate for
the construction and maintenance of the nationwide public safety
interoperable broadband network to be established under title II.
SEC. 307. REPORT ON UNLICENSED SPECTRUM.
Not later than 5 years after the date of enactment of this Act, the
Commission shall submit to the appropriate committees of Congress a
report on--
(1) the status of development of any spectrum designated as
unlicensed spectrum by the Commission under this Act; and
(2) the use of any unlicensed spectrum described in
paragraph (1).
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) Crediting of receipts.--
(A) In general.--There shall be deposited into or
credited to the Public Safety Trust Fund the proceeds
from the auction of spectrum carried out pursuant to--
(i) section 302 of this Act; and
(ii) section 309(j)(8)(F) of the
Communications Act of 1934, as added by section
303 of this Act.
(B) Availability.--Amounts deposited into or
credited to the Public Safety Trust Fund in accordance
with subparagraph (A) shall remain available until the
end of fiscal year 2021. Upon the expiration of the
period described in the prior sentence 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 auction incentive.--
(A) Required disbursals.--Amounts in the Public
Safety Trust Fund shall be used to make any required
disbursal of payments to licensees required pursuant
to--
(i) clause (i) and subclause (VIII) of
clause (iii) of section 309(j)(8)(F) of the
Communications Act of 1934; and
(ii) section 303(b) of this Act.
(B) Notification to congress.--
(i) In general.--At least 3 months in
advance of any incentive auction conducted
pursuant to subparagraph (F) of section
309(j)(8) 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 the disbursal of payments
to certain licensees required pursuant
to clause (i) and subclause (VIII) of
clause (iii) of such subparagraph; and
(II) that such methodology
considers the value of the spectrum
voluntarily relinquished in its current
use and the timeliness with which the
licensee will clear its use of such
spectrum.
(ii) Definition.--In this clause, 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 of the amounts in the Public Safety Trust Fund but not
more than $1,500,000,000 shall be deposited in the Incentive
Auction Relocation Fund established under section 309(j)(8)(G)
of the Communications Act of 1934.
(3) State and local implementation fund.--$250,000,000
shall be deposited in the State and Local Implementation Fund
established under section 221.
(4) Public safety broadband corporation.--$11,750,000,000
shall deposited with the Public Safety Broadband Corporation
established under section 202, of which pursuant to its
responsibilities and duties set forth under section 206 to
deploy and operate a nationwide public safety interoperable
broadband network--
(A) not less than $10,500,000,000 shall be made
available for any Radio Access Network build out; and
(B) not less than $1,250,000,000 shall be made
available to develop an Evolved Packet Core.
(5) Public safety research and development.--$100,000,000
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 223.
(6) Advanced information and technology research.--
$70,000,000 per year for each of the fiscal years 2012 through
2016 shall be made available to carry out the research program
established under section 224(b).
(7) Deficit reduction.--Any amounts remaining after the
deduction of the amounts required under 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
Subtitle A--Inventory and Planning
SEC. 501. RADIO SPECTRUM INVENTORY.
(a) Spectrum Inventory.--Part I of title III of the Communications
Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the
following:
``SEC. 342. SPECTRUM INVENTORY.
``(a) Radio Spectrum Inventory.--Not later than 180 days after the
date of enactment of the Public Safety Spectrum and Wireless Innovation
Act, and biennially thereafter, the Commission, in consultation with
the NTIA and the Office of Science and Technology Policy, shall carry
out the following activities:
``(1) Report.--Prepare a report that includes an inventory
of each radio spectrum band, from 300 MHz to 3.5 GHz, at a
minimum, managed by each such agency. Except as provided in
subsection (b), the report shall include--
``(A) the licensee or government user authorized in
the band;
``(B) the total spectrum authorized for each
licensee or government user (in percentage terms and in
sum) in the band;
``(C) the approximate number of transmitters, end-
user terminals, or receivers, excluding unintended
radiators, that have been deployed or authorized, for
each licensee or government user, in the band; and
``(D) if such information is available--
``(i) the type of transmitters, end-user
terminals, or receivers, excluding unintended
radiators, operating in the band and whether
they are space-, air-, or ground-based;
``(ii) the type of transmitters, end-user
terminals, or receivers, excluding unintended
radiators, authorized to operate in the band
and whether they are space-, air-, or ground-
based;
``(iii) contour maps or other information
that illustrate the coverage area, receiver
performance, and other parameters relevant to
an assessment of the availability of spectrum
in each band;
``(iv) the approximate geolocation of base
stations or fixed transmitters;
``(v) the approximate extent of use, by
geography, of 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;
``(vi) the activities, capabilities,
functions, or missions supported by the
transmitters, end-user terminals, or receivers;
and
``(vii) the types of unlicensed devices
authorized to operate in the band.
``(2) Public access.--Create a centralized portal or
website utilizing data from the Commission and the NTIA to make
a centralized inventory of the bands of each agency available
to the public via an Internet-accessible website.
``(3) Updates.--Make all reasonable efforts to maintain and
update the information required under paragraph (2) no less
frequently than quarterly to reflect, at a minimum, any
transfer or auction of licenses or change in allocation,
assignment, or authorization.
``(4) FCC to bear costs.--Notwithstanding any other
provision of law, all costs incurred by the Commission and the
NTIA in establishing and maintaining the centralized inventory
and the centralized portal or website shall be borne
exclusively by the Commission.
``(5) Paperwork reduction act exemption.--Any forms
prescribed by the Commission under this section, and any
information-gathering activities of the Commission under this
section, shall not be subject to the provisions of sections
3507 or 3512 of title 44, United States Code (44 U.S.C. 3507,
3512).
``(b) National Security; Classified Information.--
``(1) In general.--If the head of a Federal agency
determines that disclosure of information required by
subsection (a) would be harmful to the national security of the
United States, the agency shall--
``(A) notify the NTIA of its determination; and
``(B) provide to the NTIA--
``(i) the other publicly releasable
information required by subsection (a);
``(ii) to the maximum extent practicable, a
summary description of the information with
respect to which the determination was made;
and
``(iii) an annex containing the information
with respect to which the determination was
made.
``(2) Classified information.--If the head of a Federal
agency determines that any information required by subsection
(a) is classified in accordance with Executive Order 13526 of
December 29, 2009, or any successor Executive Order
establishing or modifying the uniform system for classifying,
safeguarding, and declassifying national security information,
the agency shall--
``(A) notify the NTIA of its determination; and
``(B) provide to the NTIA--
``(i) the information required by
subsection (a)(1) that is not classified;
``(ii) to the maximum extent practicable, a
summary description of the information that is
classified; and
``(iii) an annex containing the information
that is classified.
``(3) Annex restriction.--The NTIA shall make an annex
described in paragraph (1)(B)(iii) or (2)(B)(iii) available to
the Commission. Neither the NTIA nor the Commission may make
any such annex available to the public pursuant to subsection
(a)(2) or to any unauthorized person through any other means.
``(c) Public Safety Nondisclosure.--
``(1) In general.--If a licensee of non-Federal spectrum
determines that public disclosure of certain information held
by that licensee and required to be included in the report
under subsection (a) would reveal information for which public
disclosure would be detrimental to public safety, or that the
licensee is otherwise prohibited by law from disclosing, the
licensee may petition the Commission for a partial or total
exemption from inclusion on the centralized portal or website
under subsection (a)(2) and in the reports required under
subsection (d).
``(2) Burden.--A licensee seeking an exemption under this
subsection bears the burden of justifying the exemption and
shall provide clear and convincing evidence to support the
requested exemption.
``(3) Information required.--If the Commission grants an
exemption under this subsection, the licensee shall provide to
the Commission--
``(A) the publicly releasable information required
by subsection (a)(1) for the inventory;
``(B) 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 that the licensee is
prohibited by law from disclosing; and
``(C) an annex, under appropriate cover, containing
the information that the Commission has determined
should be withheld from public disclosure.
``(d) Informing the Congress.--
``(1) In general.--Except as provided in paragraph (3), the
NTIA and the Commission shall submit each report required by
subsection (a)(1) to the appropriate committees of Congress.
``(2) Nondisclosure of annexes.--Each such report shall be
submitted in unclassified form, but may include 1 or more
annexes as provided for by subsections (b)(1)(B)(iii),
(b)(2)(B)(iii), and (c)(3)(C). No Congressional committee may
make any such annex available to the public or to any
unauthorized person.
``(3) Classified annexes.--If a report includes a
classified annex as provided for by subsection (b)(2)(B)(iii),
the NTIA and the Commission shall--
``(A) submit the classified annex only to the
appropriate committees of Congress with primary
oversight jurisdiction for the user agencies or
licensees concerned; and
``(B) provide notice of the submission to the other
appropriate committees of Congress.
``(e) Definitions.--In this section:
``(1) Appropriate committees of congress.--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 agencies or
licensees concerned.
``(2) NTIA.--The term `NTIA' means the National
Telecommunications and Information Administration.''.
(b) Progress Report.--Within 180 days after the date of enactment
of this title, the Commission and the NTIA shall provide an update as
to the status of the inventory and report required by section 342(a) of
the Communications Act of 1934, as added by subsection (a), to the
appropriate committees of Congress.
SEC. 502. FEDERAL SPECTRUM PLANNING.
(a) Review of Evaluation Process.--Not later than 6 months after
the date of enactment of this title, the Comptroller General of the
United States shall--
(1) conduct a review of the processes that Federal entities
utilize to evaluate their spectrum needs and manage their
spectrum resources;
(2) make recommendations on how to improve such processes;
and
(3) submit a written report to the appropriate committees
of Congress on the review, analysis, 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 title, each Federal entity shall establish,
update, or revise the process used by such entity to evaluate
their proposed spectrum needs, taking into account any
applicable recommendations made in the report required under
subsection (a).
(2) Required inclusions.--
(A) Analysis of options.--Each process described
under paragraph (1), whether newly established or
otherwise revised, shall include an analysis and
assessment of--
(i) the options available to a Federal
entity to obtain associated 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 pursuant to subparagraph (A)
shall be submitted by the Federal entity to the NTIA 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 and OMB Circular A-11.
(c) Spectrum Plans of Federal Entities.--
(1) In general.--Not later than 1 year after the date of
enactment of this title, 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 pursuant to 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 agreed to by the entity;
(C) suggested spectrum-efficient approaches to
meeting the spectrum requirements identified under
subparagraph (A); and
(D) progress reports on what the entity is doing to
improve its spectrum management.
(d) National Security; Classified Information.--
(1) In general.--If the head of a Federal entity determines
that disclosure of information required by subsection (c) would
be harmful to the national security of the United States, the
entity shall--
(A) notify the NTIA of its determination; and
(B) provide to the NTIA--
(i) the other publicly releasable
information required by subsection (c);
(ii) to the maximum extent practicable, a
summary description of the information with
respect to which the determination was made;
and
(iii) an annex containing the information
with respect to which the determination was
made.
(2) Classified information.--If the head of a Federal
entity determines that any information required by subsection
(c) is classified in accordance with Executive Order 13526 of
December 29, 2009, or any successor Executive Order
establishing or modifying the uniform system for classifying,
safeguarding, and declassifying national security information,
the entity shall--
(A) notify the NTIA of its determination; and
(B) provide to the NTIA--
(i) the information required by subsection
(c) that is not classified;
(ii) to the maximum extent practicable, a
summary description of the information that is
classified; and
(iii) an annex containing the information
that is classified.
(3) Annex restriction.--The NTIA shall make an annex
described in paragraph (1)(B)(iii) or (2)(B)(iii) available to
the Secretary of Commerce and the Director of the Office of
Management and Budget. Neither the NTIA, 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.--Not later than 6 months after the
receipt of the initial entity-specific strategic
spectrum plans required under subsection (c), 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.--Consistent with the
requirements set forth in subsection (d)(3), the
Secretary of Commerce shall 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 subsections (d)(1)(B)(iii)
and (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) shall incorporate,
consistent with the requirements of subsection (d), the initial
entity-specific strategic spectrum plans submitted under
subsection (c).
(3) Required inclusions.--The Federal Strategic Spectrum
Plan developed under paragraph (1) shall include--
(A) information on how spectrum assigned and used
by Federal entities is being used;
(B) opportunities to increase efficient use of
infrastructure and spectrum assigned 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 NTIA's
frequency assignment, equipment certification, and
review processes.
(4) Updates.--The Secretary of Commerce shall revise and
update the Federal Strategic Spectrum Plan developed under
paragraph (1) accordingly pursuant to the biennial submission
of the entity-specific strategic spectrum plans submitted under
subsection (c).
(f) National Strategic Spectrum Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this title, the NTIA and the Commission, in
consultation with other Federal, State, local, and tribal
governments and commercial spectrum interests, shall develop a
quadrennial National Strategic Spectrum Plan.
(2) Required inclusion.--The National Strategic Spectrum
Plan shall include the following:
(A) The Federal Strategic Spectrum Plan developed
under subsection (e).
(B) Long-range spectrum planning of both
commercial, State and local government, and Federal
Government users.
(C) New technologies or expanded services requiring
spectrum.
(D) The nature and characteristics of the new radio
communication systems required and the nature and
characteristics of the spectrum required.
(E) 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 auction processes to
determine the effectiveness of such processes in--
(i) promoting competition;
(ii) improving spectrum use efficiency; and
(iii) maximizing the full economic value to
customers, industry, and the taxpayer of the
spectrum.
Subtitle B--Markets
SEC. 511. PROMOTING SECONDARY SPECTRUM MARKETS.
(a) In General.--Not later than 18 months after the date of
enactment of this title, the Commission shall conduct a rulemaking
proceeding to determine how to further promote a more robust secondary
spectrum market.
(b) Consideration.--In carrying out the rulemaking required under
subsection (a), the Commission shall consider the feasability and value
of establishing a national database to collect and disseminate
information on secondary spectrum market opportunities.
SEC. 512. UNLICENSED USE IN 5 GHZ.
(a) Modification of Regulations.--
(1) In general.--Not later than 1 year after the date of
enactment of this title, the Commission shall modify part 15 of
title 47, Code of Federal Regulations, to allow unlicensed
devices intended and marketed for indoor use to operate in the
5350-5470 MHz band.
(2) Concerns and considerations.--In carrying out the
modification requirement set forth under paragraph (1), the
Commission shall allow the unlicensed devices described in
paragraph (1) to operate in the 5350-5470 MHz band, on an
indoor basis only, if it--
(A) finds that technical solutions will protect
licensed users, including use of existing, modified, or
new spectrum sharing technologies and solutions, such
as dynamic frequency selection; and
(B) determines that the primary mission of Federal
spectrum users in the 5350-5470 MHz band will not be
compromised by the introduction of unlicensed devices
in the 5350-5470 MHz band.
(b) NTIA Study.--
(1) In general.--Not later than 8 months after the date of
enactment of this title, and in consultation with the
Commission, the NTIA shall conduct and submit a study as
provided in paragraph (2) evaluating known and proposed sharing
technologies and the risk to Federal users if unlicensed U-NII
devices were allowed to operate indoors in the 5350-5470 MHz
band.
(2) Submitting study.--The study required by paragraph (1)
shall be submitted to the appropriate committees of Congress
and the Commission.
SEC. 513. EXPERIMENTAL LICENSES.
Not later than 9 months after the date of enactment of this title,
the Commission shall revise part 5 of chapter I of title 47, Code of
Federal Regulations, to--
(1) streamline such regulations to promote greater
experimentation;
(2) broaden opportunities for market trials;
(3) promote advancements in health care;
(4) establish innovation zones; and
(5) establish a process by which qualified entities,
including colleges, universities, public and private companies,
and non-profit research organizations, will be permitted to use
a broad range of radio frequencies for research and
experimentation on a non-interference basis without having to
obtain prior authorization from the Commission for the use of
specific frequencies.
SEC. 514. REPURPOSING 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 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 shared Federal and
non-Federal use shall receive payment for such costs from the
Spectrum Relocation Fund, in accordance with section 118 of
this Act. 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) Definition of Relocation and Sharing Costs.--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) Definition of relocation and sharing costs.--For
purposes of this subsection, the terms `relocation costs' and
`sharing costs' mean the costs incurred by a Federal entity to
plan for a potential or planned auction or sharing of spectrum
frequencies and to achieve comparable capability of systems,
regardless of whether that capability is achieved by relocating
to a new frequency assignment, relocating a Federal Government
station to a different geographic location, 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. Comparable capability of systems
includes the acquisition of state-of-the art replacement
systems intended to meet comparable operational scope, which
may include incidental increases in functionality, including
those necessary to achieve security, reliability, and
resiliency. Such costs include--
``(A) 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;
``(B) the costs of all engineering, equipment,
software, site acquisition, and construction costs, as
well as any legitimate and prudent transaction expense,
including term-limited Federal civil servant and
contractor staff necessary to carry out the relocation
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;
``(C) the costs of research, engineering studies,
economic analyses, or other expenses reasonably
incurred in connection with--
``(i) calculating the estimated relocation
costs that are provided to the Commission
pursuant to paragraph (4) of this subsection,
or in calculating the estimated sharing costs;
``(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;
``(D) the one-time costs of any modification of
equipment reasonably necessary to accommodate
commercial use of shared frequencies or, in the case of
frequencies reallocated to exclusive commercial use,
prior to the termination of the Federal entity's
primary allocation or protected status, when the
eligible frequencies as defined in paragraph (2) of
this subsection are made available for private sector
uses by competitive bidding and a Federal entity
retains primary allocation or protected status in those
frequencies for a period of time after the completion
of the competitive bidding process;
``(E) 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
``(F) 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.''.
(d) Spectrum Sharing.--Section 113(g) of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 923(g)) is amended by adding at the end the following:
``(7) Spectrum sharing.--A Federal entity is permitted to
allow access to its frequency assignments by a non-Federal
entity upon approval of 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. A Federal entity that incurs
costs as a result of such access is eligible for payment from
the Fund for the purposes specified in paragraph (3) of this
section. The revenue associated with such access shall be at
least 110 percent of the estimated Federal costs.''.
(e) 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) (47 U.S.C. 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, as such costs are defined in section
113(g)(3), of an eligible Federal entity incurring such costs
with respect to relocation from any eligible 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 are authorized to be used to pay the
sharing costs, as such costs are defined in section 113(g)(3),
of an eligible Federal entity incurring such costs.
``(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 or sharing costs related to pre-auction
estimates or research, as such costs are described in
section 113(g)(3)(C).
``(B) Notification.--No funds may be transferred
pursuant to subparagraph (A) unless the notification
provided under subsection (d)(2)(B) of this section
includes a certification from the Director of OMB
that--
``(i) funds transferred before an auction
will likely allow for a timely relocation,
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
within 5 years of transfer of funds.
``(C) Applicability.--
``(i) Prior costs incurred.--The Director
of OMB may transfer up to $10,000,000 to
eligible Federal entities for eligible
relocation or sharing costs related to pre-
auction estimates or research, as such costs
are described in section 113(g)(3)(C), for
costs incurred prior to the date of the
enactment of the Public Safety Spectrum and
Wireless Innovation Act, but after June 28th,
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 after the date of the enactment of the
Public Safety Spectrum and Wireless Innovation
Act.'';
(3) in subsection (d)--
(A) in paragraph (1), by inserting ``and sharing''
before ``costs'';
(B) in paragraph (2)(B)--
(i) by inserting ``and sharing'' before
``costs''; and
(ii) by inserting ``and 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 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 Assistant
Secretary for Communications and Information, 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 ``and sharing'' before ``costs'';
(B) by inserting ``or sharing'' before ``is
complete''; and
(C) by inserting ``or sharing'' before ``in
accordance''; and
(5) by adding at the end the following:
``(f) Additional Payments From the Fund.--Notwithstanding
subsections (c) through (e), after the date of the enactment of the
Public Safety Spectrum and Wireless Innovation Act, and following the
credit of any amounts specified in subsection (b), there are hereby
appropriated from the Fund and available to the Director of the OMB up
to 10 percent of the amounts deposited in the Fund from the auction of
licenses for frequencies of spectrum vacated by Federal entities, or up
to 10 percent of the amounts deposited in the Fund by non-Federal
entities for sharing of Federal spectrum. The Director of OMB, in
consultation with the Assistant Secretary for Communications and
Information, may use such amounts to pay eligible Federal entities for
the purpose of encouraging timely access to such spectrum, provided
that--
``(1) any such payment by the Director of OMB is based on
the market value of the spectrum, the timeliness with which the
licensee cleared its use of such spectrum, and the need for
such spectrum in order for the Federal entity to conduct its
essential missions;
``(2) any such payment by the Director of OMB is used to
carry out the purposes specified in subparagraphs (A) through
(F) of paragraph (3) of subsection 113(g) to achieve enhanced
capability for those systems affected by reallocation of
Federal spectrum to commercial use, or by sharing of Federal
frequencies with non-Federal entities;
``(3) the amount remaining in the Fund after any such
payment by the Director 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; and
``(4) any such payment by the Director 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.''.
(f) Competitive Bidding; Treatment of Revenues.--Subparagraph (D)
of section 309(j)(8) of the Communications Act of 1934 (47 U.S.C.
309(j)(8)) is amended by inserting ``excluding frequencies identified
by the Federal Communications Commission to be auctioned in conjunction
with eligible frequencies described in section 113(g)(2)'' before
``shall be deposited''.
(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 notifications and reports
required by sections 113 or 118 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 923 and 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 NTIA of that
determination prior to release of such information. In that event, such
classified information shall be included in a separate annex, as
needed. These annexes shall be provided to the appropriate subcommittee
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. 515. REPORT ON SPECTRUM SHARING.
(a) Identification of Spectrum; Report to Congress.--Not later than
1 year after the date of enactment of this Act, the NTIA shall conduct
a study and submit a report to the appropriate committees of Congress--
(1) that identifies spectrum between 225 MHz and 3700 MHz
operated or licensed by a Federal entity that the NTIA, in
consultation with the Commission, determines appropriate for
sharing with non-government entities or non-Federal government
entities, including, after taking into account any spectrum
identified by the NTIA in its October 2010 report entitled ``An
Assessment of the Near-Term Viability of Accommodating Wireless
Broadband Systems in the 1675-1710 MHz, 1755-1780 MHz, 3500-
3650 MHz, and 4200-4220 MHz, 4380-4400 MHz Bands'', the
additional 100 MHz most likely to be appropriate for wireless
broadband operations; and
(2) on how Federal entities can utilize dynamic spectrum
sharing technologies to allow non-government entities or non-
Federal government entities to share underutilized spectrum
without interference to the primary usage by the Federal
Government of that spectrum, including through use of cognitive
radio and sensing technologies and database and geolocation
approaches.
(b) Considerations.--In carrying out the study and report required
under subsection (a), the NTIA should consider--
(1) radio systems that are utilized in fixed or predictable
geographic locations;
(2) radio systems that are only utilized intermittently at
fixed or predictable times;
(3) spectrum allocations in which radio systems are
currently not deployed; and
(4) spectrum that is harmonized regionally or globally.
(c) Public Consultation and Rule Changes.--
(1) In general.--Not later than 6 months after the report
required under subsection (a) is submitted, the NTIA shall
conduct a public consultation and, with the Interdepartment
Radio Advisory Committee, develop rules for Federal users to
increase spectrum sharing by Federal entities.
(2) Considerations.--In carrying out the rulemaking
required under paragraph (1), the NTIA shall consider--
(A) the findings of the report required under
subsection (a); and
(B) the recommendations in the Final Report, dated
November 8, 2010, issued by the Interference and
Dynamic Spectrum Access Subcommittee of the Commerce
Spectrum Management Advisory Committee.
Subtitle C--Efficiency and Management
SEC. 521. FUNCTIONAL RESPONSIBILITY OF THE NTIA TO ENSURE EFFICIENT USE
OF SPECTRUM.
Section 103(b)(2) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 902(b)(2)) is
amended--
(1) by redesignating subparagraphs (B) through (T) as
subparagraphs (C) through (U), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) The responsibility to promote the best
possible and most efficient use of electromagnetic
spectrum resources across the Federal Government,
subject to and consistent with the needs and missions
of Federal agencies.''.
SEC. 522. SPECTRUM EFFICIENCY ANALYTIC TOOLS.
(a) In General.--Not later than 18 months after the date of
enactment of this title, the NTIA, in consultation with NIST and the
Commission, as appropriate, shall develop analytic tools or metrics for
the NTIA and Federal entities to measure the spectrum efficiency of
Federal spectrum systems used by such entities.
(b) Required Consideration.--In developing the tools or metrics to
measure spectrum efficiency pursuant to subsection (a)(1), the NTIA
shall consider the conclusions reached in the report entitled
``Definitions of Efficiency in Spectrum Use'', authored by the Commerce
Spectrum Management Advisory Committee and dated October 1, 2008.
SEC. 523. STUDY ON RECEIVER PERFORMANCE AND SPECTRUM EFFICIENCY.
(a) In General.--The Comptroller General of the United States shall
conduct a study to consider 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
under subsection (a) shall consider--
(1) the value of--
(A) improving receiver performance as it relates to
increasing spectral efficiency;
(B) improving operation of services in adjacent
frequencies; and
(C) narrowing the guard bands between adjacent
spectrum use.
(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 Commission and NTIA action to establish,
by rule, technical requirements or standards for non-Federal or
Federal use, respectively, with respect to the reasonable use
of adjacent spectrum described in subsection (a).
(c) 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.
(d) 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 under subsection (a).
SEC. 524. FREQUENCY ASSIGNMENT.
(a) Examination.--Not later than 6 months after the date of
enactment of this title, the NTIA, in consultation with the
Interdepartment Radio Advisory Committee, shall--
(1) examine its frequency assignment processes, including
the 5-year frequency assignment review program, and
(2) consider best practices to determine if the current
approach for collecting and validating data from Federal
entities can be streamlined or improved to help ensure that
such entities are managing current and future spectrum
assignments efficiently.
(b) Required Considerations.--In carrying out the requirements of
subsection (a), the NTIA shall consider--
(1) providing Federal entities with specific guidance or
requirements on how to justify to the NTIA that requested
spectrum frequency assignments would fulfill an established
mission need and that other means of communication are not
appropriate or available;
(2) requiring Federal entities to submit documentation, as
part of the spectrum frequency assignment process;
(3) verifying that such entity has completed an analysis to
support the use and need of the requested assignment; and
(4) requiring managers of spectrum resources at each
Federal entity to validate, verify, or attest to the accuracy
of spectrum information submitted by their entity to the NTIA.
SEC. 525. SPECTRUM OPPORTUNITY COST TRANSPARENCY.
(a) Analysis of Economic Opportunity Cost.--
(1) Development of framework.--
(A) In general.--Not later than 1 year after the
date of enactment of this title, the NTIA, in
consultation with the Commission and the Director of
the Office of Management and Budget, shall develop a
framework for determining the annual economic
opportunity cost of each specific Federal spectrum band
assigned or otherwise allocated for use by Federal
entities.
(B) Considerations.--In developing the framework
required under subparagraph (A), the NTIA shall take
into account the spectrum pricing methodologies adopted
by other countries which utilize administered incentive
pricing of spectrum for government users.
(2) Scope.--The framework developed under paragraph (1)
shall cover all federally allocated spectrum bands between 150
MHz and 6000 MHz, inclusive.
(3) Goals.--The goal of the framework developed under
paragraph (1) is--
(A) to provide Federal entities with a sustained
long-term signal of spectrum value to inform the
spectrum management decisions of such entities; and
(B) to provide the public with increased
transparency about how Federal entities use a scare
physical resource.
(4) Requirements.--The framework developed under paragraph
(1) shall--
(A) define the term ``opportunity cost'' as the
value of the spectrum, in dollar terms, as if such
spectrum were to be reallocated to the highest
commercial alternative use that currently does not have
access to that spectrum;
(B) be updated, on an annual basis, to take into
account observed market valuations from spectrum
auctions, secondary spectrum trading, and other market
indicators of spectrum value;
(C) determine the opportunity costs borne by each
Federal entity for each spectrum band that is entirely
under the control of a single agency; and
(D) determine the opportunity costs for spectrum
assigned or otherwise allocated to Federal entities for
both primary use and secondary use.
(b) Report on Opportunity Costs.--Each Federal entity that has been
assigned or otherwise allocated use of a Federal spectrum band shall
report, as an off-budget item, the opportunity cost borne by the entity
for each spectrum band the entity uses--
(1) in the budget of the entity to be included in the
budget of the United States Government submitted by the
President under section 1105 of title 31, United States Code;
and
(2) in the annual financial statement of the entity
required to be filed under section 3515 of title 31, United
States Code.
(c) Spectrum Value Analysis.--Not later than 5 years after the date
of the enactment of this title, and every 5 years thereafter, each
Federal entity that has been assigned or otherwise allocated use of a
Federal spectrum band, or otherwise utilizes such spectrum, shall
engage in an analysis comparing the opportunity cost of that spectrum,
as such cost is determined by the framework developed by the NTIA under
subsection (a), to the projected costs of the entity relocating to
other government spectrum holdings, co-locating with other government
agencies, leasing other non-Federal spectrum, or contracting out for
its spectrum activities.
(d) Spectrum Technology Study.--
(1) In general.--Not later than 18 months after the date of
the enactment of this title, and every 5 years thereafter, the
Comptroller General of the United States, in consultation with
NTIA, shall examine the technologies and equipment used by
Federal entities operating on Federal spectrum allocations and
determine if such technologies and equipment are the most
spectrum efficient available.
(2) Certain determinations made.--If the results of any
study required under paragraph (1) determines that the
technologies and equipment of Federal entities operating on
Federal spectrum allocations are not the most spectrum
efficient available, the Comptroller General shall determine--
(A) what the costs would be to upgrade such systems
to more up-to-date and readily available systems;
(B) what benefits would be gained from upgrading,
particularly any cost savings or increases in spectrum
utilization efficiency; and
(C) if there are any possible problems with
upgrading to more up-to-date systems.
SEC. 526. SYSTEM CERTIFICATION.
Not later than 6 months after the date of enactment of this title,
the Director of the Office of Management and Budget shall update and
revise section 33.4 of OMB Circular A-11 to reflect the recommendations
regarding such Circular made in the Commerce Spectrum Management
Advisory Committee Incentive Subcommittee report, adopted January 11,
2011.
SEC. 527. REPORT TO CONGRESS ON IMPROVING SPECTRUM MANAGEMENT.
Not later than 3 months after the date of enactment of this title,
the NTIA shall submit to the appropriate committees of Congress a
report on the status of the NTIA's plan to implement the
recommendations contained in the ``President's Memorandum on Improving
Spectrum Management for the 21st Century'', 49 Weekly Comp. Pres. Doc.
2875, Nov. 29, 2004.
SEC. 528. WIRELESS FACILITIES DEPLOYMENT.
(a) Facility Modifications.--
(1) In general.--Notwithstanding section 704 of the
Telecommunications Act of 1996 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.
(2) Eligible facilities request.--For purposes this
subsection, the term ``eligible facilities request'' means any
request for modification of an existing wireless tower that
involves--
(A) collocation of new transmission equipment;
(B) removal of transmission equipment; and
(C) replacement of transmission equipment.
(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 rights-of-
way to, in, over, or on a building owned by the Federal
Government for the right to install, construct, and maintain
wireless service antenna structures and equipment, and backhaul
transmission, the executive agency having control of the
building may grant to the applicant, on behalf of the Federal
Government, an easement or rights-of-way to perform such
installation, construction, and maintenance.
(2) Application.--The Administrator of the General Services
Administration shall develop a common form for rights-of-way
applications required under paragraph (1) for all executive
agencies that shall be used by applicants with respect to the
buildings or property of each such agency.
(3) Fee.--
(A) In general.--Notwithstanding any other
provision of law, in making a grant of an easement or
rights-of-way pursuant to paragraph (1), the
Administrator of the General Services Administration
shall establish a fee for the award of such grant that
is based on direct cost recovery.
(B) Exceptions.--The Administrator of the General
Services Administration 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 rights-
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 (2) shall be made
available, without further appropriation, to such agency for
purposes of the agency's telecommunications and information
technology needs and any excess funds shall then be deposited
into the Federal Building Fund.
(c) Master Contracts for Wireless Tower Sitings.--
(1) In general.--Notwithstanding section 704 of the
Telecommunications Act of 1996 or any other provision of law,
and not later than 60 days after the date of enactment of this
Act, the Administrator of the General Services Administration
shall--
(A) develop 1 or more master contracts that shall
govern the placement of wireless service antenna
structures on buildings and property owned by the
Federal Government; and
(B) in developing the master contract, with respect
to the siting of wireless service antenna structures,
standardize the treatment of the placement of wireless
service antenna structures on rooftop or building
facades, the placement of equipment on rooftops or
inside buildings, and technology, and any other key
issues that the Administrator determines appropriate.
(2) Applicability.--The master contract developed by the
Administrator of the General Services Administration under
paragraph (1) shall apply to all publicly accessible property
owned by the Federal Government, unless the Administrator
decides that issues with respect to the siting of a wireless
service antenna structure on a specific building or property
warrant nonstandard treatment of a specific property.
(3) Application.--The Administrator of the General Services
Administration shall develop a common form or set of forms for
wireless service antenna structure siting applications required
under this section for all executive agencies that shall be
used by applicants with respect to the buildings of each such
agency.
TITLE VI--STUDIES ON NEXT GENERATION 9-1-1 SERVICES
SEC. 601. DEFINITIONS.
As used in this title, the following definitions shall apply:
(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 this title, or
as subsequently revised by the Commission.
(3) 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, 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; or
(F) provides broadband service to public safety
answering points or other first responder entities.
(4) 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. 602. NHTSA REPORT ON COSTS FOR REQUIREMENTS AND SPECIFICATIONS OF
NEXT GENERATION 9-1-1 SERVICES.
(a) In General.--Not later than 1 year after the date of enactment
of this title, the Administrator of the National Highway Traffic Safety
Administration, in consultation with the Commission and the Secretary
of Homeland Security, shall prepare and submit a report to Congress
that analyzes and determines detailed costs for specific Next
Generation 9-1-1 service requirements and specifications.
(b) Purpose of Report.--The purpose of the report required under
subsection (a) is to serve as a resource for Congress as it considers
creating a coordinated, long-term funding mechanism for the deployment
and operation, accessibility, application development, equipment
procurement, and training of personnel for Next Generation 9-1-1
services.
(c) Required Inclusions.--The report required under subsection (a)
shall include the following:
(1) How costs would be broken out geographically and/or
allocated 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 country 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. 603. 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 title,
the Commission, in coordination with the Secretary of Homeland Security
and the Administrator of the National Highway Traffic Safety
Administration, 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 Public
Law 111-5, 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 networks.
(2) Legal mechanisms to ensure efficient and accurate
transmission of 9-1-1 caller information to emergency response
agencies.
(3) Recommendations for removing jurisdictional barriers
and inconsistent legacy regulations including--
(A) proposals that would require States to remove
regulatory roadblocks to Next Generation 9-1-1 services
development, while recognizing existing State authority
over 9-1-1 services;
(B) eliminating outdated 9-1-1 regulations at the
Federal level; and
(C) preempting inconsistent State regulations.
TITLE VII--MISCELLANEOUS
SEC. 701. SEVERABILITY.
If any provision of this Act or an amendment made by this Act, or
the application of the provision to any person or circumstance, is held
to be unconstitutional, the remainder of this Act and the amendments
made by this Act, and the application of the provisions of this Act and
the amendments made by this Act to any other person or circumstance,
shall not be affected thereby.
SEC. 702. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed as adding or subtracting
from the authority the Commission may or may not have to regulate
broadband Internet access service.
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Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1283-1284)
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Science, Space, and Technology, and Armed Services, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Science, Space, and Technology, and Armed Services, 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.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Science, Space, and Technology, and Armed Services, 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.
Referred to the Subcommittee on Communications and Technology.
Referred to the Subcommittee on Technology and Innovation.
Referred to the Subcommittee on Strategic Forces.
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