[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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