[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2555 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 446
114th CONGRESS
  2d Session
                                S. 2555

   To provide opportunities for broadband investment, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 11, 2016

 Mr. Thune (for himself and Mr. Nelson) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                             April 28, 2016

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To provide opportunities for broadband investment, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Making 
Opportunities for Broadband Investment and Limiting Excessive and 
Needless Obstacles to Wireless Act'' or the ``MOBILE NOW 
Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>Sec. 3. Making 500 megahertz available.
<DELETED>Sec. 4. Millimeter wave evaluation.
<DELETED>Sec. 5. Reports on 3 gigahertz bands.
<DELETED>Sec. 6. Distributed antenna systems and small cell 
                            infrastructure.
<DELETED>Sec. 7. Communications facilities deployment on Federal 
                            property.
<DELETED>Sec. 8. Dig once.
<DELETED>Sec. 9. National broadband facilities asset database.
<DELETED>Sec. 10. Reallocation incentives.
<DELETED>Sec. 11. Bidirectional sharing study.
<DELETED>Sec. 12. Unlicensed services in guard bands.
<DELETED>Sec. 13. Pre-auction funding.
<DELETED>Sec. 14. Immediate transfer of funds.
<DELETED>Sec. 15. Amendments to the Spectrum Pipeline Act of 2015.
<DELETED>Sec. 16. Rules of construction.
<DELETED>Sec. 17. Relationship to Middle Class Tax Relief and Job 
                            Creation Act of 2012.

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--</DELETED>
                <DELETED>    (A) the Committee on Commerce, Science, 
                and Transportation of the Senate;</DELETED>
                <DELETED>    (B) the Committee on Energy and Commerce 
                of the House of Representatives; and</DELETED>
                <DELETED>    (C) each committee of the Senate or of the 
                House of Representatives with jurisdiction over a 
                Federal entity affected by the applicable section in 
                which the term appears.</DELETED>
        <DELETED>    (2) Commission.--The term ``Commission'' means the 
        Federal Communications Commission.</DELETED>
        <DELETED>    (3) Federal entity.--The term ``Federal entity'' 
        has the meaning given the term in section 113(l) of the 
        National Telecommunications and Information Administration 
        Organization Act (47 U.S.C. 923(l)).</DELETED>
        <DELETED>    (4) NTIA.--The term ``NTIA'' means the National 
        Telecommunications and Information Administration of the 
        Department of Commerce.</DELETED>
        <DELETED>    (5) OMB.--The term ``OMB'' means the Office of 
        Management and Budget.</DELETED>
        <DELETED>    (6) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce.</DELETED>

<DELETED>SEC. 3. MAKING 500 MEGAHERTZ AVAILABLE.</DELETED>

<DELETED>    (a) Requirements.--</DELETED>
        <DELETED>    (1) In general.--Consistent with the Presidential 
        Memorandum of June 28, 2010, entitled ``Unleashing the Wireless 
        Broadband Revolution'' and establishing a goal of making a 
        total of 500 megahertz of Federal and non-Federal spectrum 
        available for wireless broadband use by 2020, not later than 
        December 31, 2020, the Secretary, working through the NTIA, and 
        the Commission shall make available a total of at least 255 
        megahertz of Federal and non-Federal spectrum below the 
        frequency of 6000 megahertz for mobile and fixed wireless 
        broadband use.</DELETED>
        <DELETED>    (2) Availability.--The spectrum made available 
        under paragraph (1) shall be made available to be licensed by 
        the Commission for exclusive use, or made available on a 
        licensed or unlicensed basis for shared use by non-Federal and 
        Federal users, to enable the deployment of wireless broadband 
        services.</DELETED>
        <DELETED>    (3) Non-eligible bands.--For purposes of 
        satisfying the requirement under paragraph (1), the following 
        spectrum bands shall not be counted:</DELETED>
                <DELETED>    (A) The band between 1695 and 1710 
                megahertz.</DELETED>
                <DELETED>    (B) The band between 1755 and 1780 
                megahertz.</DELETED>
                <DELETED>    (C) The band between 2155 and 2180 
                megahertz.</DELETED>
                <DELETED>    (D) The band between 3550 and 3700 
                megahertz.</DELETED>
        <DELETED>    (4) Relocation prioritized over sharing.--This 
        section shall be carried out in accordance with section 113(j) 
        of the National Telecommunications and Information 
        Administration Organization Act (47 U.S.C. 923(j)).</DELETED>
        <DELETED>    (5) Considerations.--In making spectrum available 
        under this section, the Secretary and Commission shall 
        consider--</DELETED>
                <DELETED>    (A) the need to preserve critical existing 
                and planned Federal Government capabilities;</DELETED>
                <DELETED>    (B) the impact on existing State, local, 
                and tribal government capabilities;</DELETED>
                <DELETED>    (C) the international implications; 
                and</DELETED>
                <DELETED>    (D) the need for appropriate enforcement 
                mechanisms and authorities.</DELETED>
<DELETED>    (b) Rules of Construction.--Nothing in this section shall 
be construed--</DELETED>
        <DELETED>    (1) to impair or otherwise affect the functions of 
        the Director of OMB relating to budgetary, administrative, or 
        legislative proposals;</DELETED>
        <DELETED>    (2) to require the disclosure of classified 
        information, law enforcement sensitive information, or other 
        information that must be protected in the interest of national 
        security; or</DELETED>
        <DELETED>    (3) to affect any requirement under section 156 of 
        the National Telecommunications and Information Administration 
        Organization Act (47 U.S.C. 921 note), as added by section 
        1062(a) of the National Defense Authorization Act for Fiscal 
        Year 2000, or any other relevant statutory requirement 
        applicable to the reallocation of Federal spectrum.</DELETED>

<DELETED>SEC. 4. MILLIMETER WAVE EVALUATION.</DELETED>

<DELETED>    (a) Feasibility Assessment.--Not later than 18 months 
after the date of enactment of this Act or December 31, 2017, whichever 
comes earlier, the NTIA, in consultation with the Commission, shall 
conduct a feasibility assessment regarding the impact of authorizing 
mobile or fixed terrestrial wireless operations, including for advanced 
mobile service operations, on Federal entities and operations in any of 
the following frequencies with Federal allocations:</DELETED>
        <DELETED>    (1) The band between 24250 and 24450 
        megahertz.</DELETED>
        <DELETED>    (2) The band between 25050 and 25250 
        megahertz.</DELETED>
        <DELETED>    (3) The band between 31800 and 33400 
        megahertz.</DELETED>
        <DELETED>    (4) The band between 42000 and 42500 
        megahertz.</DELETED>
        <DELETED>    (5) The band between 71000 and 76000 
        megahertz.</DELETED>
        <DELETED>    (6) The band between 81000 and 86000 
        megahertz.</DELETED>
<DELETED>    (b) Requirements.--In conducting the feasibility 
assessment under subsection (a), the NTIA shall--</DELETED>
        <DELETED>    (1) consult directly with Federal entities with 
        respect to frequencies with Federal allocations identified in 
        that subsection;</DELETED>
        <DELETED>    (2) consider what, if any, impact authorizing 
        mobile or fixed terrestrial wireless operations, including 
        advanced mobile services operations, in any of the bands 
        described in that subsection would have on an affected Federal 
        entity;</DELETED>
        <DELETED>    (3) consider how the bands described in that 
        subsection may be used to provide commercial wireless broadband 
        service, including whether--</DELETED>
                <DELETED>    (A) such spectrum may be best used for 
                licensed or unlicensed services, or some combination 
                thereof; and</DELETED>
                <DELETED>    (B) to permit additional licensed 
                operations in such bands on a shared basis; 
                and</DELETED>
        <DELETED>    (4) identify any bands, or a portion thereof, 
        described in that subsection that the NTIA assessment 
        determines are feasible for authorizing for mobile or fixed 
        terrestrial wireless operations, including any advanced mobile 
        service operations.</DELETED>
<DELETED>    (c) Report to Congress.--Not later than 30 days after the 
date the feasibility assessment under subsection (a) is complete, the 
NTIA shall submit to the appropriate committees of Congress a report on 
the feasibility assessment.</DELETED>
<DELETED>    (d) FCC Proceeding.--Not later than 2 years after the date 
of enactment of this Act, the Commission, in consultation with the 
NTIA, shall publish a notice of proposed rulemaking to consider service 
rules to authorize mobile or fixed terrestrial wireless operations, 
including for advanced mobile service operations, in the following 
radio frequency bands:</DELETED>
        <DELETED>    (1) The band between 24250 and 24450 megahertz, 
        except for any frequencies with Federal allocations.</DELETED>
        <DELETED>    (2) The band between 25050 and 25250 megahertz, 
        except for any frequencies with Federal allocations.</DELETED>
        <DELETED>    (3) The band between 31800 and 33400 megahertz, 
        except for any frequencies with Federal allocations.</DELETED>
        <DELETED>    (4) The band between 42000 and 42500 megahertz, 
        except for any frequencies with Federal allocations.</DELETED>
        <DELETED>    (5) The band between 71000 and 76000 megahertz, 
        except for any frequencies with Federal allocations.</DELETED>
        <DELETED>    (6) The band between 81000 and 86000 megahertz, 
        except for any frequencies with Federal allocations.</DELETED>
        <DELETED>    (7) Any bands identified as feasible under 
        subsection (b)(4).</DELETED>
<DELETED>    (e) Considerations.--In conducting the rulemaking under 
subsection (d), the Commission shall--</DELETED>
        <DELETED>    (1) consult with Federal entities via the NTIA 
        regarding the bands described in subsection (d)(7);</DELETED>
        <DELETED>    (2) consider how the bands described in subsection 
        (d) may be used to provide commercial wireless broadband 
        service, including whether--</DELETED>
                <DELETED>    (A) such spectrum may be best used for 
                licensed or unlicensed services, or some combination 
                thereof; and</DELETED>
                <DELETED>    (B) to permit additional licensed 
                operations in such bands on a shared basis; 
                and</DELETED>
        <DELETED>    (3) include technical characteristics under which 
        the bands described in subsection (d) may be employed for 
        mobile or fixed terrestrial wireless operations, including any 
        appropriate coexistence requirements.</DELETED>

<DELETED>SEC. 5. REPORTS ON 3 GIGAHERTZ BANDS.</DELETED>

<DELETED>    (a) Between 3100 Megahertz and 3550 Megahertz.--Not later 
than 3 years after the date of enactment of this Act, and in 
consultation with the Commission and the head of each affected Federal 
agency (or a designee thereof), the Secretary shall submit to the 
President and the appropriate committees of Congress a report 
evaluating the feasibility of allowing commercial wireless services, 
licensed or unlicensed, to share use of the frequencies between 3100 
megahertz and 3550 megahertz.</DELETED>
<DELETED>    (b) Between 3700 Megahertz and 4200 Megahertz.--Not later 
than 3 years after the date of enactment of this Act, and in 
consultation with the Secretary and the head of each affected Federal 
agency (or a designee thereof), the Commission shall submit to the 
President and the appropriate committees of Congress a report 
evaluating the feasibility of allowing commercial wireless services, 
licensed or unlicensed, to share use of the frequencies between 3700 
megahertz and 4200 megahertz.</DELETED>
<DELETED>    (c) Requirements.--A report under subsection (a) or 
subsection (b) shall include the following:</DELETED>
        <DELETED>    (1) An assessment of the operations of Federal 
        entities that operate Federal Government stations authorized to 
        use the frequencies described in that subsection.</DELETED>
        <DELETED>    (2) An assessment of the possible impacts of such 
        sharing on Federal and non-Federal users already operating on 
        the frequencies described in that subsection.</DELETED>
        <DELETED>    (3) The criteria that may be necessary to ensure 
        shared licensed or unlicensed services would not cause harmful 
        interference to Federal or non-Federal users already operating 
        in the frequencies described in that subsection.</DELETED>
        <DELETED>    (4) If such sharing is feasible, an identification 
        of which of the frequencies described in that subsection are 
        most suitable for sharing with commercial wireless 
        services.</DELETED>
<DELETED>    (d) Plans for Auction of Certain Spectrum.--The Commission 
shall include any spectrum identified under subsection (c)(4) for 
assignment of new licenses for non-Federal use in a report under 
section 1006 of the Spectrum Pipeline Act of 2015 (Public Law 114-74; 
129 Stat. 621) if--</DELETED>
        <DELETED>    (1) that spectrum is suitable for allocation by 
        competitive bidding of new licenses for non-Federal licensed 
        use;</DELETED>
        <DELETED>    (2) that spectrum otherwise meets the requirements 
        of the proposed plan for the assignment of new licenses for 
        non-Federal use of certain spectrum under section 1006 of the 
        Spectrum Pipeline Act of 2015 (Public Law 114-74; 129 Stat. 
        621); and</DELETED>
        <DELETED>    (3) the identification of that spectrum under 
        subsection (c)(4) occurs after the requirements under section 3 
        have been met.</DELETED>

<DELETED>SEC. 6. DISTRIBUTED ANTENNA SYSTEMS AND SMALL CELL 
              INFRASTRUCTURE.</DELETED>

<DELETED>    Not later than December 31, 2016, the Commission shall 
take action in its Program Alternatives for Small Wireless 
Communications Facility Deployments proceeding (WT Docket 15-
180).</DELETED>

<DELETED>SEC. 7. COMMUNICATIONS FACILITIES DEPLOYMENT ON FEDERAL 
              PROPERTY.</DELETED>

<DELETED>    (a) In General.--Section 6409 of the Middle Class Tax 
Relief and Job Creation Act of 2012 (47 U.S.C. 1455) is amended by 
striking subsections (b), (c), and (d) and inserting the 
following:</DELETED>
<DELETED>    ``(b) Federal Easements and Rights-of-Way.--</DELETED>
        <DELETED>    ``(1) Grant.--If an executive agency, a State, a 
        political subdivision or agency of a State, or a person, firm, 
        or organization applies for the grant of an easement or right-
        of-way to, in, over, or on a building or other property owned 
        by the Federal Government for the right to install, construct, 
        modify, or maintain a communications facility installation, the 
        executive agency having control of the building or other 
        property may grant to the applicant, on behalf of the Federal 
        Government, subject to paragraph (5), an easement or right-of-
        way to perform such installation, construction, modification, 
        or maintenance.</DELETED>
        <DELETED>    ``(2) Application.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator of 
                General Services shall develop a common form for 
                applications for easements and rights-of-way under 
                paragraph (1) for all executive agencies that, except 
                as provided in subparagraph (B), shall be used by all 
                executive agencies and applicants with respect to the 
                buildings or other property of each such 
                agency.</DELETED>
                <DELETED>    ``(B) Exception.--The requirement under 
                subparagraph (A) for an executive agency to use the 
                common form developed by the Administrator of General 
                Services shall not apply to an executive agency if the 
                head of an executive agency notifies the Administrator 
                that the executive agency uses a substantially similar 
                application.</DELETED>
        <DELETED>    ``(3) Fee.--</DELETED>
                <DELETED>    ``(A) In general.--Notwithstanding any 
                other provision of law, the Administrator of General 
                Services shall establish a fee for the grant of an 
                easement or right-of-way pursuant to paragraph (1) that 
                is based on direct cost recovery.</DELETED>
                <DELETED>    ``(B) Exceptions.--The Administrator of 
                General Services may establish exceptions to the fee 
                amount required under subparagraph (A)--</DELETED>
                        <DELETED>    ``(i) in consideration of the 
                        public benefit provided by a grant of an 
                        easement or right-of-way; and</DELETED>
                        <DELETED>    ``(ii) in the interest of 
                        expanding wireless and broadband 
                        coverage.</DELETED>
        <DELETED>    ``(4) Use of fees collected.--Any fee amounts 
        collected by an executive agency pursuant to paragraph (3) may 
        be made available, as provided in appropriations Acts, to such 
        agency to cover the costs of granting the easement or right-of-
        way.</DELETED>
        <DELETED>    ``(5) Timely consideration of applications.--
        </DELETED>
                <DELETED>    ``(A) In general.--Within a reasonable 
                period of time after the date on which an executive 
                agency receives a duly filed application for an 
                easement or right-of-way under this subsection, the 
                executive agency shall--</DELETED>
                        <DELETED>    ``(i) grant or deny, on behalf of 
                        the Federal Government, the application; 
                        and</DELETED>
                        <DELETED>    ``(ii) notify the applicant of the 
                        grant or denial.</DELETED>
                <DELETED>    ``(B) Explanation of denial.--If an 
                executive agency denies an application under 
                subparagraph (A), the executive agency shall notify the 
                applicant in writing, including a clear statement of 
                the reasons for the denial.</DELETED>
                <DELETED>    ``(C) Explanation of delay.--If an 
                executive agency has not granted or denied an 
                application under subparagraph (A) before the date that 
                is 150 days after the date that the executive agency 
                received a duly filed application, the executive agency 
                shall notify the applicant in writing, including a 
                clear statement of the reasons for the delay.</DELETED>
                <DELETED>    ``(D) Applicability of environmental 
                laws.--Nothing in this paragraph shall be construed to 
                relieve an executive agency of the requirements of the 
                National Historic Preservation Act (16 U.S.C. 470 et 
                seq.) or the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.).</DELETED>
                <DELETED>    ``(E) Point of contact.--Upon receiving an 
                application under subparagraph (A), an executive agency 
                shall designate 1 or more appropriate individuals 
                within the executive agency to act as a point of 
                contact with the applicant.</DELETED>
<DELETED>    ``(c) Master Contracts for Communications Facility 
Installation Sitings.--</DELETED>
        <DELETED>    ``(1) In general.--Notwithstanding section 704 of 
        the Telecommunications Act of 1996 (Public Law 104-104; 110 
        Stat. 151) or any other provision of law, the Administrator of 
        General Services shall--</DELETED>
                <DELETED>    ``(A) develop 1 or more master contracts 
                that shall govern the placement of communications 
                facility installation on buildings and other property 
                owned by the Federal Government; and</DELETED>
                <DELETED>    ``(B) in developing the master contract or 
                contracts, standardize the treatment of the placement 
                of communications facility installation on building 
                rooftops or facades, the placement of communications 
                facility installation on rooftops or inside buildings, 
                the technology used in connection with communications 
                facility installation placed on Federal buildings and 
                other property, and any other key issues the 
                Administrator of General Services considers 
                appropriate.</DELETED>
        <DELETED>    ``(2) Applicability.--The master contract or 
        contracts developed by the Administrator of General Services 
        under paragraph (1) shall apply to all publicly accessible 
        buildings and other property owned by the Federal Government, 
        unless the Administrator of General Services decides that 
        issues with respect to the siting of a communications facility 
        installation on a specific building or other property warrant 
        nonstandard treatment of such building or other 
        property.</DELETED>
        <DELETED>    ``(3) Application.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator of 
                General Services shall develop a common form or set of 
                forms for communications facility installation siting 
                applications that, except as provided in subparagraph 
                (B), shall be used by all executive agencies and 
                applicants with respect to the buildings and other 
                property of each such agency.</DELETED>
                <DELETED>    ``(B) Exception.--The requirement under 
                subparagraph (A) for an executive agency to use the 
                common form or set of forms developed by the 
                Administrator of General Services shall not apply to an 
                executive agency if the head of the executive agency 
                notifies the Administrator that the executive agency 
                uses a substantially similar application.</DELETED>
<DELETED>    ``(d) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Communications facility installation.--The 
        term `communications facility installation' includes--
        </DELETED>
                <DELETED>    ``(A) any infrastructure, including any 
                transmitting device, tower, or support structure, and 
                any equipment, switches, wiring, cabling, power 
                sources, shelters, or cabinets, associated with the 
                licensed or permitted unlicensed wireless or wireline 
                transmission of writings, signs, signals, data, images, 
                pictures, and sounds of all kinds; and</DELETED>
                <DELETED>    ``(B) any antenna or apparatus that--
                </DELETED>
                        <DELETED>    ``(i) is designed for the purpose 
                        of emitting radio frequency;</DELETED>
                        <DELETED>    ``(ii) is designed to be operated, 
                        or is operating, from a fixed location pursuant 
                        to authorization by the Commission or is using 
                        duly authorized devices that do not require 
                        individual licenses; and</DELETED>
                        <DELETED>    ``(iii) is added to a tower, 
                        building, or other structure.</DELETED>
        <DELETED>    ``(2) Executive agency.--The term `executive 
        agency' has the meaning given such term in section 102 of title 
        40, United States Code.''.</DELETED>
<DELETED>    (b) Savings Provision.--An application for an easement or 
right-of-way that was made or granted under section 6409 of the Middle 
Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) before 
the effective date of this Act shall continue, subject to that section 
as in effect on the day before such effective date.</DELETED>

<DELETED>SEC. 8. DIG ONCE.</DELETED>

<DELETED>    (a) Policy.--It is the policy of the United States to 
encourage the deployment of communications facilities and services 
because of the benefits to interstate commerce from investment in and 
use of such communications facilities and services.</DELETED>
<DELETED>    (b) Sense of Congress.--It is the sense of Congress that 
Federal agencies should endeavor to create policy that--</DELETED>
        <DELETED>    (1) evaluates and provides for the inclusion of 
        broadband conduit installation in federally funded highway 
        construction projects;</DELETED>
        <DELETED>    (2) provides for such inclusion without negatively 
        impacting the safety, operations, and maintenance of the 
        highway facility, its users, or others;</DELETED>
        <DELETED>    (3) promotes investment and competition by 
        ensuring that communications providers may access such conduit 
        on a nondiscriminatory basis; and</DELETED>
        <DELETED>    (4) limits any burden on State departments of 
        transportation incurred by the inclusion of broadband conduit 
        in such projects.</DELETED>

<DELETED>SEC. 9. NATIONAL BROADBAND FACILITIES ASSET 
              DATABASE.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Communications facility installation.--The 
        term ``communications facility installation'' includes--
        </DELETED>
                <DELETED>    (A) any infrastructure, including any 
                transmitting device, tower, or support structure, and 
                any equipment, switches, wiring, cabling, power 
                sources, shelters, or cabinets, associated with the 
                licensed or permitted unlicensed wireless or wireline 
                transmission of writings, signs, signals, data, images, 
                pictures, and sounds of all kinds; and</DELETED>
                <DELETED>    (B) any antenna or apparatus that--
                </DELETED>
                        <DELETED>    (i) is designed for the purpose of 
                        emitting radio frequency;</DELETED>
                        <DELETED>    (ii) is designed to be operated, 
                        or is operating, from a fixed location pursuant 
                        to authorization by the Federal Communications 
                        Commission or is using duly authorized devices 
                        that do not require individual licenses; 
                        and</DELETED>
                        <DELETED>    (iii) is added to a tower, 
                        building, or other structure.</DELETED>
        <DELETED>    (2) Covered property.--The term ``covered 
        property''--</DELETED>
                <DELETED>    (A) means any real property capable of 
                supporting a communications facility installation; 
                and</DELETED>
                <DELETED>    (B) includes any interest in real property 
                described in subparagraph (A).</DELETED>
        <DELETED>    (3) Database.--The term ``database'' means the 
        database established under subsection (b).</DELETED>
        <DELETED>    (4) Executive agency.--The term ``Executive 
        agency'' has the meaning given the term in section 105 of title 
        5, United States Code.</DELETED>
<DELETED>    (b) Database Established.--Not later than June 30, 2018, 
the Director of the Office of Science and Technology Policy, in 
consultation with the Chairman of the Federal Communications 
Commission, Assistant Secretary of Commerce for Communications and 
Information, Under Secretary of Commerce for Standards and Technology, 
Administrator of General Services, and Director of the Office of 
Management and Budget, shall--</DELETED>
        <DELETED>    (1) establish and operate a single database of any 
        covered property that is owned, leased, or otherwise managed by 
        an Executive agency;</DELETED>
        <DELETED>    (2) make the database available to--</DELETED>
                <DELETED>    (A) any entity that--</DELETED>
                        <DELETED>    (i) constructs or operates 
                        communications facility installations; 
                        or</DELETED>
                        <DELETED>    (ii) provides communications 
                        service; and</DELETED>
                <DELETED>    (B) any other entity that the Director of 
                the Office of Science and Technology Policy determines 
                is appropriate; and</DELETED>
        <DELETED>    (3) establish a process for withholding data from 
        the database for national security, public safety, or other 
        national strategic concerns in accordance with existing 
        statutory authority and Executive order mandates with respect 
        to handling and protection of such information.</DELETED>
<DELETED>    (c) Public Comment.--</DELETED>
        <DELETED>    (1) In general.--Not later than 30 days after the 
        date of enactment of the MOBILE NOW Act, the Director of the 
        Office of Science and Technology Policy shall seek public 
        comment to inform the establishment and operation of the 
        database.</DELETED>
        <DELETED>    (2) Contents.--In seeking public comment under 
        paragraph (1), the Director shall include a request for 
        recommendations on--</DELETED>
                <DELETED>    (A) criteria that make real property 
                capable of supporting communications facility 
                installations;</DELETED>
                <DELETED>    (B) types of information related to 
                covered property that should be included in the 
                database;</DELETED>
                <DELETED>    (C) an interface by which accessibility to 
                the database for all users will be appropriately 
                efficient and secure; and</DELETED>
                <DELETED>    (D) other information the Director 
                determines necessary to establish and operate the 
                database.</DELETED>
<DELETED>    (d) Federal Agencies.--</DELETED>
        <DELETED>    (1) Initial provision of information.--Not later 
        than 90 days after the date on which the database is 
        established under subsection (b), the head of an Executive 
        agency shall provide to the Director of the Office of Science 
        and Technology Policy, in a manner and format to be determined 
        by the Director, such information as the Director determines 
        appropriate with respect to covered property owned, leased, or 
        otherwise managed by the Executive agency.</DELETED>
        <DELETED>    (2) Change to information previously provided.--In 
        the case of any change to information provided to the Director 
        of the Office of Science and Technology Policy by the head of 
        an Executive agency under paragraph (1), the head of the 
        Executive agency shall provide updated information to the 
        Director not later than 30 days after the date of the 
        change.</DELETED>
        <DELETED>    (3) Subsequently acquired property.--If an 
        Executive agency acquires covered property after the date on 
        which the database is established under subsection (b), the 
        head of the Executive agency shall provide to the Director of 
        the Office of Science and Technology Policy the information 
        required under paragraph (1) with respect to the covered 
        property not later than 30 days after the date of the 
        acquisition.</DELETED>
<DELETED>    (e) State and Local Governments.--The Director of the 
Office of Science and Technology Policy shall make the database 
available to State and local governments so that such governments may 
provide to the Director for inclusion in the database similar 
information to the information required under paragraph (1) regarding 
covered property owned, leased, or otherwise managed by such 
governments.</DELETED>
<DELETED>    (f) Database Updates.--</DELETED>
        <DELETED>    (1) Timely inclusion.--After the establishment of 
        the database, the Director of the Office of Science and 
        Technology Policy shall ensure that information provided under 
        subsection (d) or subsection (e) is included in the database 
        not later than 7 days after the date on which the Director 
        receives the information.</DELETED>
        <DELETED>    (2) Date of addition or update.--Information in 
        the database relating to covered property shall include the 
        date on which the information was added or most recently 
        updated.</DELETED>
<DELETED>    (g) Report.--Not later than 180 days after the date the 
Director of the Office of Science and Technology Policy seeks public 
comment under subsection (c)(1), the Director shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Energy and Commerce of the House of Representatives a 
report on the progress in establishing the database under this section. 
The Director shall update the report annually until the date that the 
database is fully operational.</DELETED>

<DELETED>SEC. 10. REALLOCATION INCENTIVES.</DELETED>

<DELETED>    (a) In General.--Not later than 18 months after the date 
of enactment of this Act, the Secretary, in consultation with the 
Commission, the Director of OMB, and the head of each affected Federal 
agency (or a designee thereof) shall submit to the appropriate 
committees of Congress a report that includes legislative or regulatory 
recommendations to incentivize a Federal entity to relinquish, or share 
with Federal or non-Federal users, Federal spectrum for the purpose of 
allowing commercial wireless broadband services to operate on that 
Federal spectrum.</DELETED>
<DELETED>    (b) Post-Auction Payments.--</DELETED>
        <DELETED>    (1) Report.--In preparing the report under 
        subsection (a), the Secretary shall--</DELETED>
                <DELETED>    (A) consider whether permitting eligible 
                Federal entities that are implementing a transition 
                plan submitted under section 113(h) of the National 
                Telecommunications and Information Administration 
                Organization Act (47 U.S.C. 923(h)) to accept payments 
                could result in access to the eligible frequencies that 
                are being reallocated for exclusive non-Federal use or 
                shared use sooner than would otherwise occur without 
                such payments; and</DELETED>
                <DELETED>    (B) include the findings under 
                subparagraph (A), including the analysis under 
                paragraph (2) and any recommendations for legislation, 
                in the report.</DELETED>
        <DELETED>    (2) Analysis.--In considering payments under 
        paragraph (1)(A), the Secretary shall conduct an analysis of 
        whether and how such payments would affect--</DELETED>
                <DELETED>    (A) bidding in auctions conducted under 
                section 309(j) of the Communications Act of 1934 (47 
                U.S.C. 309(j)) of such eligible frequencies; 
                and</DELETED>
                <DELETED>    (B) receipts collected from the auctions 
                described in subparagraph (A).</DELETED>
        <DELETED>    (3) Definitions.--In this subsection:</DELETED>
                <DELETED>    (A) Payment.--The term ``payment'' means a 
                payment in cash or in-kind by any auction winner, or 
                any person affiliated with an auction winner, of 
                eligible frequencies during the period after eligible 
                frequencies have been reallocated by competitive 
                bidding under section 309(j) of the Communications Act 
                of 1934 (47 U.S.C. 309(j)) but prior to the completion 
                of relocation or sharing transition of such eligible 
                frequencies per transition plans approved by the 
                Technical Panel.</DELETED>
                <DELETED>    (B) Eligible frequencies.--The term 
                ``eligible frequencies'' has the meaning given the term 
                in section 113(g)(2) of the National Telecommunications 
                and Information Administration Organization Act (47 
                U.S.C. 923(g)(2)).</DELETED>

<DELETED>SEC. 11. BIDIRECTIONAL SHARING STUDY.</DELETED>

<DELETED>    (a) In General.--Not later than 1 year after the date of 
enactment of this Act, including an opportunity for public comment, the 
Commission, in collaboration with the NTIA, shall--</DELETED>
        <DELETED>    (1) conduct a bidirectional sharing study to 
        determine the best means of providing Federal entities flexible 
        access to non-Federal spectrum on a shared basis across a range 
        of short-, mid-, and long-range timeframes, including for 
        intermittent purposes like emergency use; and</DELETED>
        <DELETED>    (2) submit to Congress a report on the study under 
        paragraph (1), including any recommendations for legislation or 
        proposed regulations.</DELETED>
<DELETED>    (b) Considerations.--In conducting the study under 
subsection (a), the Commission shall consider how to balance the 
regulatory certainty that commercial spectrum users and Federal 
entities need to make longer-term investment decisions for shared 
access to be viable.</DELETED>

<DELETED>SEC. 12. UNLICENSED SERVICES IN GUARD BANDS.</DELETED>

<DELETED>    (a) In General.--After a feasibility assessment and public 
notice and comment, and in consultation with the Secretary and the head 
of each affected Federal agency (or a designee thereof), the Commission 
shall adopt rules that permit unlicensed services where feasible to use 
any frequencies that are designated as guard bands to protect 
frequencies allocated after the date of enactment of this Act by 
competitive bidding under section 309(j) of the Communications Act of 
1934 (47 U.S.C. 309(j)), including spectrum that acts as a duplex gap 
between transmit and receive frequencies.</DELETED>
<DELETED>    (b) Limitation.--The Commission may not permit any use of 
a guard band under this section that would cause harmful interference 
to a licensed service or a Federal service operating in the guard band 
or in an adjacent band.</DELETED>
<DELETED>    (c) Rule of Construction.--Nothing in this section shall 
be construed as limiting the Commission or the Secretary from making 
spectrum available for licensed or unlicensed use under section 3 or 
available for unlicensed use in any spectrum band under existing rules 
and regulations.</DELETED>

<DELETED>SEC. 13. PRE-AUCTION FUNDING.</DELETED>

<DELETED>    Section 118(d)(3)(B)(i)(II) of the National 
Telecommunications and Information Administration Organization Act (47 
U.S.C. 928(d)(3)(B)(i)(II)) is amended by striking ``5 years'' and 
inserting ``8 years''.</DELETED>

<DELETED>SEC. 14. IMMEDIATE TRANSFER OF FUNDS.</DELETED>

<DELETED>    Section 118(e)(1) of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 928(e)(1)) is 
amended by adding at the end the following:</DELETED>
                <DELETED>    ``(D) At the request of an eligible 
                Federal entity, the Director of OMB may transfer the 
                amount under subparagraph (A) immediately--</DELETED>
                        <DELETED>    ``(i) after the frequencies are 
                        reallocated by competitive bidding under 
                        section 309(j) of the Communications Act of 
                        1934 (47 U.S.C. 309(j)); or</DELETED>
                        <DELETED>    ``(ii) in the case of an incumbent 
                        Federal entity that is incurring relocation or 
                        sharing costs to accommodate sharing spectrum 
                        frequencies with another Federal entity, after 
                        the frequencies from which the other eligible 
                        Federal entity is relocating are reallocated by 
                        competitive bidding under section 309(j) of the 
                        Communications Act of 1934 (47 U.S.C. 309(j)), 
                        without regard to the availability of such sums 
                        in the Fund.</DELETED>
                <DELETED>    ``(E) Prior to the deposit of proceeds 
                into the Fund from an auction, the Director of OMB may 
                borrow from the Treasury the amount under subparagraph 
                (A) for a transfer under subparagraph (D). The Treasury 
                shall immediately be reimbursed, without interest, from 
                funds deposited into the Fund.''.</DELETED>

<DELETED>SEC. 15. AMENDMENTS TO THE SPECTRUM PIPELINE ACT OF 
              2015.</DELETED>

<DELETED>    Section 1008 of the Spectrum Pipeline Act of 2015 (Public 
Law 114-74; 129 Stat. 584) is amended in the matter preceding paragraph 
(1) by inserting ``, after an opportunity for public comment,'' after 
``the Commission''.</DELETED>

<DELETED>SEC. 16. RULES OF CONSTRUCTION.</DELETED>

<DELETED>    (a) Ranges of Frequencies.--Each range of frequencies 
described in this Act shall be construed to be inclusive of the upper 
and lower frequencies in the range.</DELETED>
<DELETED>    (b) Assessment of Electromagnetic Spectrum Reallocation.--
Nothing in this Act shall be construed to affect any requirement under 
section 156 of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 921 note), as added by 
section 1062(a) of the National Defense Authorization Act for Fiscal 
Year 2000.</DELETED>

<DELETED>SEC. 17. RELATIONSHIP TO MIDDLE CLASS TAX RELIEF AND JOB 
              CREATION ACT OF 2012.</DELETED>

<DELETED>    Nothing in this Act shall be construed to limit, restrict, 
or circumvent in any way the implementation of the nationwide public 
safety broadband network defined in section 6001 of title VI of the 
Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401) 
or any rules implementing that network under title VI of that Act (47 
U.S.C. 1401 et seq.).</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Making 
Opportunities for Broadband Investment and Limiting Excessive and 
Needless Obstacles to Wireless Act'' or the ``MOBILE NOW Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Making 500 megahertz available.
Sec. 4. Millimeter wave spectrum.
Sec. 5. 3 gigahertz spectrum.
Sec. 6. Distributed antenna systems and small cell infrastructure.
Sec. 7. Communications facilities deployment on Federal property.
Sec. 8. Broadband infrastructure deployment.
Sec. 9. National broadband facilities asset database.
Sec. 10. Reallocation incentives.
Sec. 11. Bidirectional sharing study.
Sec. 12. Unlicensed services in guard bands.
Sec. 13. Pre-auction funding.
Sec. 14. Immediate transfer of funds.
Sec. 15. Amendments to the Spectrum Pipeline Act of 2015.
Sec. 16. GAO assessment of unlicensed spectrum and Wi-Fi use in low-
                            income neighborhoods.
Sec. 17. Rulemaking related to partitioning or disaggregating licenses.
Sec. 18. Unlicensed spectrum policy.
Sec. 19. National plan for unlicensed spectrum.
Sec. 20. Spectrum challenge prize.
Sec. 21. Wireless telecommunications tax and fee collection fairness.
Sec. 22. Rules of construction.
Sec. 23. Relationship to Middle Class Tax Relief and Job Creation Act 
                            of 2012.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (C) each committee of the Senate or of the House of 
                Representatives with jurisdiction over a Federal entity 
                affected by the applicable section in which the term 
                appears.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) Federal entity.--The term ``Federal entity'' has the 
        meaning given the term in section 113(l) of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 923(l)).
            (4) NTIA.--The term ``NTIA'' means the National 
        Telecommunications and Information Administration of the 
        Department of Commerce.
            (5) OMB.--The term ``OMB'' means the Office of Management 
        and Budget.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 3. MAKING 500 MEGAHERTZ AVAILABLE.

    (a) Requirements.--
            (1) In general.--Consistent with the Presidential 
        Memorandum of June 28, 2010, entitled ``Unleashing the Wireless 
        Broadband Revolution'' and establishing a goal of making a 
        total of 500 megahertz of Federal and non-Federal spectrum 
        available on a licensed or unlicensed basis for wireless 
        broadband use by 2020, not later than December 31, 2020, the 
        Secretary, working through the NTIA, and the Commission shall 
        make available a total of at least 255 megahertz of Federal and 
        non-Federal spectrum below the frequency of 6000 megahertz for 
        mobile and fixed wireless broadband use.
            (2) Unlicensed and licensed use.--Of the spectrum made 
        available under paragraph (1), not less than--
                    (A) 100 megahertz shall be made available on an 
                unlicensed basis; and
                    (B) 100 megahertz shall be made available on an 
                exclusive, licensed basis for commercial mobile use, 
                subject to the Commission's regulatory purview to 
                implement exclusive licensing in a flexible manner, 
                including consideration of continued use of such 
                spectrum by incumbent Federal or non-Federal entities 
                in designated geographic areas indefinitely.
            (3) Non-eligible spectrum.--For purposes of satisfying the 
        requirement under paragraph (1), the following spectrum shall 
        not be counted:
                    (A) The frequencies between 1695 and 1710 
                megahertz.
                    (B) The frequencies between 1755 and 1780 
                megahertz.
                    (C) The frequencies between 2155 and 2180 
                megahertz.
                    (D) The frequencies between 3550 and 3700 
                megahertz.
                    (E) Spectrum that the Commission determines had 
                more than de minimis mobile or fixed wireless broadband 
                operations within the band on the day before the date 
                of enactment of this Act.
            (4) Relocation prioritized over sharing.--This section 
        shall be carried out in accordance with section 113(j) of the 
        National Telecommunications and Information Administration 
        Organization Act (47 U.S.C. 923(j)).
            (5) Considerations.--In making spectrum available under 
        this section, the Secretary and Commission shall consider--
                    (A) the need to preserve critical existing and 
                planned Federal Government capabilities;
                    (B) the impact on existing State, local, and tribal 
                government capabilities;
                    (C) the international implications;
                    (D) the need for appropriate enforcement mechanisms 
                and authorities; and
                    (E) the importance of the deployment of wireless 
                broadband services in rural areas of the United States.
    (b) Rules of Construction.--Nothing in this section shall be 
construed--
            (1) to impair or otherwise affect the functions of the 
        Director of OMB relating to budgetary, administrative, or 
        legislative proposals;
            (2) to require the disclosure of classified information, 
        law enforcement sensitive information, or other information 
        that must be protected in the interest of national security; or
            (3) to affect any requirement under section 156 of the 
        National Telecommunications and Information Administration 
        Organization Act (47 U.S.C. 921 note), as added by section 
        1062(a) of the National Defense Authorization Act for Fiscal 
        Year 2000, or any other relevant statutory requirement 
        applicable to the reallocation of Federal spectrum.

SEC. 4. MILLIMETER WAVE SPECTRUM.

    (a) Feasibility Assessment.--Not later than 18 months after the 
date of enactment of this Act, the NTIA, in consultation with the 
Commission, shall conduct a feasibility assessment regarding the 
impact, on Federal entities and operations in any of the following 
bands, of authorizing mobile or fixed terrestrial wireless operations, 
including for advanced mobile service operations, in the following 
bands:
            (1) The band between 31800 and 33400 megahertz.
            (2) The band between 71000 and 76000 megahertz.
            (3) The band between 81000 and 86000 megahertz.
    (b) Requirements.--In conducting the feasibility assessment under 
subsection (a), the NTIA shall--
            (1) consult directly with Federal entities with respect to 
        frequencies allocated to Federal use by such entities in the 
        bands identified in that subsection;
            (2) consider what, if any, impact authorizing mobile or 
        fixed terrestrial wireless operations, including advanced 
        mobile services operations, in any of such frequencies would 
        have on an affected Federal entity; and
            (3) identify any such frequencies in the bands described in 
        that subsection that the NTIA assessment determines are 
        feasible for authorizing for mobile or fixed terrestrial 
        wireless operations, including any advanced mobile service 
        operations.
    (c) Report to Congress and the Commission.--Not later than 30 days 
after the date the feasibility assessment under subsection (a) is 
complete, the NTIA shall submit to the appropriate committees of 
Congress a report on the feasibility assessment and provide a copy to 
the Commission.
    (d) FCC Proceeding.--Not later than 2 years after the date of 
enactment of this Act or 90 days after the date it receives the 
feasibility assessment under subsection (c), whichever is earlier, the 
Commission, in consultation with the NTIA, shall publish a notice of 
proposed rulemaking to consider service rules to authorize mobile or 
fixed terrestrial wireless operations, including for advanced mobile 
service operations, in the following radio frequency bands:
            (1) The band between 24250 and 24450 megahertz.
            (2) The band between 25050 and 25250 megahertz.
            (3) The band between 31800 and 33400 megahertz, except for 
        any frequencies with Federal allocations.
            (4) The band between 42000 and 42500 megahertz.
            (5) The band between 71000 and 76000 megahertz, except for 
        any frequencies with Federal allocations.
            (6) The band between 81000 and 86000 megahertz, except for 
        any frequencies with Federal allocations.
            (7) Any frequencies with Federal allocations identified as 
        feasible under subsection (b)(3).
    (e) Considerations.--In conducting a rulemaking under subsection 
(d), the Commission shall--
            (1) consult with Federal entities via the NTIA regarding 
        the frequencies described in subsection (d)(7);
            (2) consider how the bands described in subsection (d) may 
        be used to provide commercial wireless broadband service, 
        including whether--
                    (A) such spectrum may be best used for licensed or 
                unlicensed services, or some combination thereof; and
                    (B) to permit additional licensed operations in 
                such bands on a shared basis; and
            (3) include technical characteristics under which the bands 
        described in subsection (d) may be employed for mobile or fixed 
        terrestrial wireless operations, including any appropriate 
        coexistence requirements.

SEC. 5. 3 GIGAHERTZ SPECTRUM.

    (a) Between 3100 Megahertz and 3550 Megahertz.--Not later than 18 
months after the date of enactment of this Act, and in consultation 
with the Commission and the head of each affected Federal agency (or a 
designee thereof), the Secretary shall submit to the Commission and the 
appropriate committees of Congress a report evaluating the feasibility 
of allowing commercial wireless services, licensed or unlicensed, to 
share use of the frequencies between 3100 megahertz and 3550 megahertz.
    (b) Between 3700 Megahertz and 4200 Megahertz.--Not later than 18 
months after the date of enactment of this Act, after notice and an 
opportunity for public comment, and in consultation with the Secretary 
and the head of each affected Federal agency (or a designee thereof), 
the Commission shall submit to the Secretary and the appropriate 
committees of Congress a report evaluating the feasibility of allowing 
commercial wireless services, licensed or unlicensed, to share use of 
the frequencies between 3700 megahertz and 4200 megahertz.
    (c) Requirements.--A report under subsection (a) or subsection (b) 
shall include the following:
            (1) An assessment of the operations of Federal entities 
        that operate Federal Government stations authorized to use the 
        frequencies described in that subsection.
            (2) An assessment of the possible impacts of such sharing 
        on Federal and non-Federal users already operating on the 
        frequencies described in that subsection.
            (3) The criteria that may be necessary to ensure shared 
        licensed or unlicensed services would not cause harmful 
        interference to Federal or non-Federal users already operating 
        in the frequencies described in that subsection.
            (4) If such sharing is feasible, an identification of which 
        of the frequencies described in that subsection are most 
        suitable for sharing with commercial wireless services through 
        the assignment of new licenses by competitive bidding, for 
        sharing with unlicensed operations, or through a combination of 
        licensing and unlicensed operations.
    (d) Commission Action.--The Commission, in consultation with the 
NTIA, shall seek public comment on the reports required under 
subsections (a) and (b), including regarding the bands identified in 
such reports as feasible pursuant to subsection (c)(4).

SEC. 6. DISTRIBUTED ANTENNA SYSTEMS AND SMALL CELL INFRASTRUCTURE.

    Not later than December 31, 2016, the Commission shall take action 
in its Program Alternatives for Small Wireless Communications Facility 
Deployments proceeding (WT Docket 15-180).

SEC. 7. COMMUNICATIONS FACILITIES DEPLOYMENT ON FEDERAL PROPERTY.

    (a) In General.--Section 6409 of the Middle Class Tax Relief and 
Job Creation Act of 2012 (47 U.S.C. 1455) is amended by striking 
subsections (b), (c), and (d) and inserting the following:
    ``(b) Federal Easements, Rights-of-way, and Leases.--
            ``(1) Grant.--If an executive agency, a State, a political 
        subdivision or agency of a State, or a person, firm, or 
        organization applies for the grant of an easement, right-of-
        way, or lease to, in, over, or on a building or other property 
        owned by the Federal Government for the right to install, 
        construct, modify, or maintain a communications facility 
        installation, the executive agency having control of the 
        building or other property may grant to the applicant, on 
        behalf of the Federal Government, subject to paragraph (5), an 
        easement, right-of-way, or lease to perform such installation, 
        construction, modification, or maintenance.
            ``(2) Application.--
                    ``(A) In general.--The Administrator of General 
                Services shall develop a common form for applications 
                for easements, rights-of-way, and leases under 
                paragraph (1) for all executive agencies that, except 
                as provided in subparagraph (B), shall be used by all 
                executive agencies and applicants with respect to the 
                buildings or other property of each such agency.
                    ``(B) Exception.--The requirement under 
                subparagraph (A) for an executive agency to use the 
                common form developed by the Administrator of General 
                Services shall not apply to an executive agency if the 
                head of an executive agency notifies the Administrator 
                that the executive agency uses a substantially similar 
                application.
            ``(3) Fee.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the Administrator of General Services 
                shall establish a fee for the grant of an easement, 
                right-of-way, or lease pursuant to paragraph (1) that 
                is based on direct cost recovery.
                    ``(B) Exceptions.--The Administrator of General 
                Services may establish exceptions to the fee amount 
                required under subparagraph (A)--
                            ``(i) in consideration of the public 
                        benefit provided by a grant of an easement, 
                        right-of-way, or lease; and
                            ``(ii) in the interest of expanding 
                        wireless and broadband coverage.
            ``(4) Use of fees collected.--Any fee amounts collected by 
        an executive agency pursuant to paragraph (3) may be made 
        available, as provided in appropriations Acts, to such agency 
        to cover the costs of granting the easement, right-of-way, or 
        lease.
            ``(5) Timely consideration of applications.--
                    ``(A) In general.--Not later than 270 days after 
                the date on which an executive agency receives a duly 
                filed application for an easement, right-of-way, or 
                lease under this subsection, the executive agency 
                shall--
                            ``(i) grant or deny, on behalf of the 
                        Federal Government, the application; and
                            ``(ii) notify the applicant of the grant or 
                        denial.
                    ``(B) Explanation of denial.--If an executive 
                agency denies an application under subparagraph (A), 
                the executive agency shall notify the applicant in 
                writing, including a clear statement of the reasons for 
                the denial.
                    ``(C) Applicability of environmental laws.--Nothing 
                in this paragraph shall be construed to relieve an 
                executive agency of the requirements of the National 
                Historic Preservation Act (16 U.S.C. 470 et seq.) or 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
                    ``(D) Point of contact.--Upon receiving an 
                application under subparagraph (A), an executive agency 
                shall designate 1 or more appropriate individuals 
                within the executive agency to act as a point of 
                contact with the applicant.
    ``(c) Master Contracts for Communications Facility Installation 
Sitings.--
            ``(1) In general.--Notwithstanding section 704 of the 
        Telecommunications Act of 1996 (Public Law 104-104; 110 Stat. 
        151) or any other provision of law, the Administrator of 
        General Services shall--
                    ``(A) develop 1 or more master contracts that shall 
                govern the placement of communications facility 
                installation on buildings and other property owned by 
                the Federal Government; and
                    ``(B) in developing the master contract or 
                contracts, standardize the treatment of the placement 
                of communications facility installation on building 
                rooftops or facades, the placement of communications 
                facility installation on rooftops or inside buildings, 
                the technology used in connection with communications 
                facility installation placed on Federal buildings and 
                other property, and any other key issues the 
                Administrator of General Services considers 
                appropriate.
            ``(2) Applicability.--The master contract or contracts 
        developed by the Administrator of General Services under 
        paragraph (1) shall apply to all publicly accessible buildings 
        and other property owned by the Federal Government, unless the 
        Administrator of General Services decides that issues with 
        respect to the siting of a communications facility installation 
        on a specific building or other property warrant nonstandard 
        treatment of such building or other property.
            ``(3) Application.--
                    ``(A) In general.--The Administrator of General 
                Services shall develop a common form or set of forms 
                for communications facility installation siting 
                applications that, except as provided in subparagraph 
                (B), shall be used by all executive agencies and 
                applicants with respect to the buildings and other 
                property of each such agency.
                    ``(B) Exception.--The requirement under 
                subparagraph (A) for an executive agency to use the 
                common form or set of forms developed by the 
                Administrator of General Services shall not apply to an 
                executive agency if the head of the executive agency 
                notifies the Administrator that the executive agency 
                uses a substantially similar application.
    ``(d) Definitions.--In this section:
            ``(1) Communications facility installation.--The term 
        `communications facility installation' includes--
                    ``(A) any infrastructure, including any 
                transmitting device, tower, or support structure, and 
                any equipment, switches, wiring, cabling, power 
                sources, shelters, or cabinets, associated with the 
                licensed or permitted unlicensed wireless or wireline 
                transmission of writings, signs, signals, data, images, 
                pictures, and sounds of all kinds; and
                    ``(B) any antenna or apparatus that--
                            ``(i) is designed for the purpose of 
                        emitting radio frequency;
                            ``(ii) is designed to be operated, or is 
                        operating, from a fixed location pursuant to 
                        authorization by the Commission or is using 
                        duly authorized devices that do not require 
                        individual licenses; and
                            ``(iii) is added to a tower, building, or 
                        other structure.
            ``(2) Executive agency.--The term `executive agency' has 
        the meaning given such term in section 102 of title 40, United 
        States Code.''.
    (b) Savings Provision.--An application for an easement, right-of-
way, or lease that was made or granted under section 6409 of the Middle 
Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) before 
the effective date of this Act shall continue, subject to that section 
as in effect on the day before such effective date.
    (c) Streamlining Broadband Facility Applications.--
            (1) Definition of communications facility installation.--In 
        this subsection, the term ``communications facility 
        installation'' has the meaning given the term in section 
        6409(d) of the Middle Class Tax Relief and Job Creation Act of 
        2012 (47 U.S.C. 1455(d)), as amended by subsection (a).
            (2) Recommendations.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, the NTIA, in 
                coordination with the Department of the Interior, the 
                Department of Agriculture, the Department of Defense, 
                the Department of Transportation, the Office of 
                Management and Budget, and the General Services 
                Administration, shall develop recommendations to 
                streamline the process for considering applications by 
                those agencies under section 6409(b) of the Middle 
                Class Tax Relief and Job Creation Act of 2012 (47 
                U.S.C. 1455(b)), as amended by subsection (a).
                    (B) Requirements for recommendations.--The 
                recommendations developed under subparagraph (A) shall 
                include--
                            (i) procedures for the tracking of 
                        applications described in subparagraph (A);
                            (ii) methods by which to reduce the amount 
                        of time between the receipt of an application 
                        and the issuance of a final decision on an 
                        application; and
                            (iii) policies to expedite renewals of an 
                        easement, license, or other authorization to 
                        locate a communications facility installation 
                        on land managed by the agencies described in 
                        subparagraph (A).
                    (C) Report to congress.--Not later than 2 years 
                after the date on which the recommendations required 
                under subparagraph (A) are developed, the NTIA shall 
                submit to the Committee on Commerce, Transportation, 
                and Science of the Senate and the Committee on Energy 
                and Commerce of the House of Representatives a report 
                that describes--
                            (i) the status of the implementation of the 
                        recommendations developed pursuant to 
                        subparagraph (B); and
                            (ii) any improvements to the process for 
                        considering applications described in 
                        subparagraph (A) that have resulted from those 
                        recommendations, including in particular the 
                        speed at which such applications are reviewed 
                        and a final determination is issued.

SEC. 8. BROADBAND INFRASTRUCTURE DEPLOYMENT.

    (a) Finding Regarding Federal and State Departments of 
Transportation.--Congress finds that it is the policy of the United 
States for the Department of Transportation and State departments of 
transportation--
            (1) to adjust or otherwise develop right-of-way policies 
        for Federal-aid highways to effectively accommodate broadband 
        infrastructure;
            (2) to ensure the safe and efficient accommodation of 
        broadband infrastructure in the public right-of-way;
            (3) to include broadband stakeholders in the transportation 
        planning process; and
            (4) to coordinate highway construction plans with other 
        statewide telecommunications and broadband plans.
    (b) Definitions.--In this section:
            (1) Appropriate state agency.--The term ``appropriate State 
        agency'' means a State governmental agency that is recognized 
        by the executive branch of the State as having the experience 
        necessary to evaluate and carry out projects relating to the 
        proper and effective installation and operation of broadband 
        infrastructure.
            (2) Broadband infrastructure.--The term ``broadband 
        infrastructure'' means any buried or aerial facility, and any 
        wireless or wireline connection, that enables users to send and 
        receive voice, video, data, graphics, or any combination 
        thereof.
            (3) Broadband infrastructure entity.--The term ``broadband 
        infrastructure entity'' means any entity that--
                    (A) installs, owns, or operates broadband 
                infrastructure; and
                    (B) provides broadband services to the public in a 
                manner consistent with the public interest, 
                convenience, and necessity, as determined by the State.
            (4) State.--The term ``State'' means--
                    (A) a State;
                    (B) the District of Columbia; and
                    (C) the Commonwealth of Puerto Rico.
    (c) Broadband Infrastructure Deployment.--To facilitate the 
installation of broadband infrastructure and achieve the policy 
described in subsection (a), the Secretary of Transportation shall 
ensure that each State that receives funds under chapter 1 of title 23, 
United States Code, meets the following requirements:
            (1) Broadband coordination.--The State department of 
        transportation, in coordination with appropriate State 
        agencies, shall--
                    (A) identify a broadband utility coordinator that 
                is responsible for coordinating the broadband 
                infrastructure right-of-way needs of the State with 
                Federal-aid highway projects carried out in the State;
                    (B) establish a process for the registration of 
                broadband infrastructure entities that seek to be 
                included in those broadband infrastructure right-of-way 
                coordination efforts within the State;
                    (C) coordinate initiatives carried out under this 
                section with other statewide telecommunication and 
                broadband plans and State and local transportation and 
                land use plans; and
                    (D) include in the State broadband infrastructure 
                coordination plan strategies to minimize repeated 
                excavations that involve the installation of broadband 
                infrastructure in a right-of-way.
            (2) Priority.--In providing for the installation of 
        broadband infrastructure in the right-of-way of an applicable 
        Federal-aid highway under this subsection, the State department 
        of transportation shall carry out any appropriate measures to 
        ensure that any existing broadband infrastructure entities are 
        not disadvantaged, as compared to other broadband 
        infrastructure entities, with respect to the program under this 
        subsection.
    (d) Effect of Section.--This section applies only to activities for 
which obligations or expenditures are initially approved on or after 
the date of enactment of this Act.

SEC. 9. NATIONAL BROADBAND FACILITIES ASSET DATABASE.

    (a) Definitions.--In this section:
            (1) Communications facility installation.--The term 
        ``communications facility installation'' includes--
                    (A) any infrastructure, including any transmitting 
                device, tower, or support structure, and any equipment, 
                switches, wiring, cabling, power sources, shelters, or 
                cabinets, associated with the licensed or permitted 
                unlicensed wireless or wireline transmission of 
                writings, signs, signals, data, images, pictures, and 
                sounds of all kinds; and
                    (B) any antenna or apparatus that--
                            (i) is designed for the purpose of emitting 
                        radio frequency;
                            (ii) is designed to be operated, or is 
                        operating, from a fixed location pursuant to 
                        authorization by the Federal Communications 
                        Commission or is using duly authorized devices 
                        that do not require individual licenses; and
                            (iii) is added to a tower, building, or 
                        other structure.
            (2) Covered property.--The term ``covered property''--
                    (A) means any real property capable of supporting a 
                communications facility installation; and
                    (B) includes any interest in real property 
                described in subparagraph (A).
            (3) Database.--The term ``database'' means the database 
        established under subsection (b).
            (4) Executive agency.--The term ``Executive agency'' has 
        the meaning given the term in section 105 of title 5, United 
        States Code.
    (b) Database Established.--Not later than June 30, 2018, the 
Director of the Office of Science and Technology Policy, in 
consultation with the Chairman of the Federal Communications 
Commission, Assistant Secretary of Commerce for Communications and 
Information, Under Secretary of Commerce for Standards and Technology, 
Administrator of General Services, and Director of the Office of 
Management and Budget, shall--
            (1) establish and operate a single database of any covered 
        property that is owned, leased, or otherwise managed by an 
        Executive agency;
            (2) make the database available to--
                    (A) any entity that--
                            (i) constructs or operates communications 
                        facility installations; or
                            (ii) provides communications service; and
                    (B) any other entity that the Director of the 
                Office of Science and Technology Policy determines is 
                appropriate; and
            (3) establish a process for withholding data from the 
        database for national security, public safety, or other 
        national strategic concerns in accordance with existing 
        statutory authority and Executive order mandates with respect 
        to handling and protection of such information.
    (c) Public Comment.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of the MOBILE NOW Act, the Director of the Office of 
        Science and Technology Policy shall seek public comment to 
        inform the establishment and operation of the database.
            (2) Contents.--In seeking public comment under paragraph 
        (1), the Director shall include a request for recommendations 
        on--
                    (A) criteria that make real property capable of 
                supporting communications facility installations;
                    (B) types of information related to covered 
                property that should be included in the database;
                    (C) an interface by which accessibility to the 
                database for all users will be appropriately efficient 
                and secure; and
                    (D) other information the Director determines 
                necessary to establish and operate the database.
    (d) Federal Agencies.--
            (1) Initial provision of information.--Not later than 90 
        days after the date on which the database is established under 
        subsection (b), the head of an Executive agency shall provide 
        to the Director of the Office of Science and Technology Policy, 
        in a manner and format to be determined by the Director, such 
        information as the Director determines appropriate with respect 
        to covered property owned, leased, or otherwise managed by the 
        Executive agency.
            (2) Change to information previously provided.--In the case 
        of any change to information provided to the Director of the 
        Office of Science and Technology Policy by the head of an 
        Executive agency under paragraph (1), the head of the Executive 
        agency shall provide updated information to the Director not 
        later than 30 days after the date of the change.
            (3) Subsequently acquired property.--If an Executive agency 
        acquires covered property after the date on which the database 
        is established under subsection (b), the head of the Executive 
        agency shall provide to the Director of the Office of Science 
        and Technology Policy the information required under paragraph 
        (1) with respect to the covered property not later than 30 days 
        after the date of the acquisition.
    (e) State and Local Governments.--
            (1) In general.--The Director of the Office of Science and 
        Technology Policy (referred to in this subsection as the 
        ``Director'') shall make the database available to State and 
        local governments so that such governments may provide to the 
        Director for inclusion in the database similar information to 
        the information required under subsection (d)(1) regarding 
        covered property owned, leased, or otherwise managed by such 
        governments.
            (2) Report on incentivizing participation by state and 
        local governments.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Director, in 
                consultation with the Chairman of the Commission, the 
                Assistant Secretary of Commerce for Communications and 
                Information, the Under Secretary of Commerce for 
                Standards and Technology, the Administrator of General 
                Services, and the Director of the Office of Management 
                and Budget, shall submit to the Committee on Commerce, 
                Science, and Transportation of the Senate and the 
                Committee on Energy and Commerce of the House of 
                Representatives a report on potential ways to 
                incentivize State and local governments to provide to 
                the Director for inclusion in the database similar 
                information to the information required under 
                subsection (d)(1) regarding covered property owned, 
                leased, or otherwise managed by such governments 
                pursuant to paragraph (1) of this subsection or through 
                other means.
                    (B) Considerations.--The Director, in preparing the 
                report under subparagraph (A), shall--
                            (i) consult with State and local 
                        governments, or their representatives, to 
                        identify for inclusion in the report the most 
                        cost-effective options for State and local 
                        governments to collect and provide the 
                        information described in subparagraph (A), 
                        including utilizing and leveraging State 
                        broadband initiatives and programs; and
                            (ii) make recommendations on ways the 
                        Federal Government can assist State and local 
                        governments in collecting and providing the 
                        information described in subparagraph (A).
                    (C) Report update.--Not later than 2 years after 
                the date on which the database is established under 
                this section, the Director shall submit to the 
                Committee on Commerce, Science, and Transportation of 
                the Senate and the Committee on Energy and Commerce of 
                the House of Representatives an update to the report 
                required under subparagraph (A) that identifies State 
                and local governments that have contributed to the 
                database and provides recommendations on ways to 
                further incentivize participation by State and local 
                governments pursuant to paragraph (1) of this 
                subsection or through other means.
    (f) Database Updates.--
            (1) Timely inclusion.--After the establishment of the 
        database, the Director of the Office of Science and Technology 
        Policy shall ensure that information provided under subsection 
        (d) or subsection (e) is included in the database not later 
        than 7 days after the date on which the Director receives the 
        information.
            (2) Date of addition or update.--Information in the 
        database relating to covered property shall include the date on 
        which the information was added or most recently updated.
    (g) Report.--Not later than 180 days after the date the Director of 
the Office of Science and Technology Policy seeks public comment under 
subsection (c)(1), the Director shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Energy and Commerce of the House of Representatives a report on the 
progress in establishing the database under this section. The Director 
shall update the report annually until the date that the database is 
fully operational. After the database is fully operational and for the 
next 5 years thereafter, the Director shall provide annual reports 
regarding the use of the database, recommendations of how the database 
may provide additional utility to the entities described in subsection 
(b)(2), if any recommendations are warranted, and how previous 
recommendations have been implemented.

SEC. 10. REALLOCATION INCENTIVES.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary, in consultation with the 
Commission, the Director of OMB, and the head of each affected Federal 
agency (or a designee thereof), after notice and an opportunity for 
public comment, shall submit to the appropriate committees of Congress 
a report that includes legislative or regulatory recommendations to 
incentivize a Federal entity to relinquish, or share with Federal or 
non-Federal users, Federal spectrum for the purpose of allowing 
commercial wireless broadband services to operate on that Federal 
spectrum.
    (b) Post-Auction Payments.--
            (1) Report.--In preparing the report under subsection (a), 
        the Secretary shall--
                    (A) consider whether permitting eligible Federal 
                entities that are implementing a transition plan 
                submitted under section 113(h) of the National 
                Telecommunications and Information Administration 
                Organization Act (47 U.S.C. 923(h)) to accept payments 
                could result in access to the eligible frequencies that 
                are being reallocated for exclusive non-Federal use or 
                shared use sooner than would otherwise occur without 
                such payments; and
                    (B) include the findings under subparagraph (A), 
                including the analysis under paragraph (2) and any 
                recommendations for legislation, in the report.
            (2) Analysis.--In considering payments under paragraph 
        (1)(A), the Secretary shall conduct an analysis of whether and 
        how such payments would affect--
                    (A) bidding in auctions conducted under section 
                309(j) of the Communications Act of 1934 (47 U.S.C. 
                309(j)) of such eligible frequencies; and
                    (B) receipts collected from the auctions described 
                in subparagraph (A).
            (3) Definitions.--In this subsection:
                    (A) Payment.--The term ``payment'' means a payment 
                in cash or in-kind by any auction winner, or any person 
                affiliated with an auction winner, of eligible 
                frequencies during the period after eligible 
                frequencies have been reallocated by competitive 
                bidding under section 309(j) of the Communications Act 
                of 1934 (47 U.S.C. 309(j)) but prior to the completion 
                of relocation or sharing transition of such eligible 
                frequencies per transition plans approved by the 
                Technical Panel.
                    (B) Eligible frequencies.--The term ``eligible 
                frequencies'' has the meaning given the term in section 
                113(g)(2) of the National Telecommunications and 
                Information Administration Organization Act (47 U.S.C. 
                923(g)(2)).

SEC. 11. BIDIRECTIONAL SHARING STUDY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, including an opportunity for public comment, the 
Commission, in collaboration with the NTIA, shall--
            (1) conduct a bidirectional sharing study to determine the 
        best means of providing Federal entities flexible access to 
        non-Federal spectrum on a shared basis across a range of short-
        , mid-, and long-range timeframes, including for intermittent 
        purposes like emergency use; and
            (2) submit to Congress a report on the study under 
        paragraph (1), including any recommendations for legislation or 
        proposed regulations.
    (b) Considerations.--In conducting the study under subsection (a), 
the Commission shall--
            (1) consider the regulatory certainty that commercial 
        spectrum users and Federal entities need to make longer-term 
        investment decisions for shared access to be viable; and
            (2) evaluate any barriers to voluntary commercial 
        arrangements in which non-Federal users could provide access to 
        Federal entities.

SEC. 12. UNLICENSED SERVICES IN GUARD BANDS.

    (a) In General.--After public notice and comment, and in 
consultation with the Secretary and the head of each affected Federal 
agency (or a designee thereof), with respect to frequencies allocated 
for Federal use, the Commission shall adopt rules that permit 
unlicensed services where feasible to use any frequencies that are 
designated as guard bands to protect frequencies allocated after the 
date of enactment of this Act by competitive bidding under section 
309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), including 
spectrum that acts as a duplex gap between transmit and receive 
frequencies.
    (b) Limitation.--The Commission may not permit any use of a guard 
band under this section that would cause harmful interference to a 
licensed service or a Federal service operating in the guard band or in 
an adjacent band.
    (c) Rule of Construction.--Nothing in this section shall be 
construed as limiting the Commission or the Secretary from otherwise 
making spectrum available for licensed or unlicensed use in any 
frequency band in addition to guard bands, including under section 3, 
consistent with their statutory jurisdictions.

SEC. 13. PRE-AUCTION FUNDING.

    Section 118(d)(3)(B)(i)(II) of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 
928(d)(3)(B)(i)(II)) is amended by striking ``5 years'' and inserting 
``8 years''.

SEC. 14. IMMEDIATE TRANSFER OF FUNDS.

    Section 118(e)(1) of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 928(e)(1)) is 
amended by adding at the end the following:
                    ``(D) At the request of an eligible Federal entity, 
                the Director of OMB may transfer the amount under 
                subparagraph (A) immediately--
                            ``(i) after the frequencies are reallocated 
                        by competitive bidding under section 309(j) of 
                        the Communications Act of 1934 (47 U.S.C. 
                        309(j)); or
                            ``(ii) in the case of an incumbent Federal 
                        entity that is incurring relocation or sharing 
                        costs to accommodate sharing spectrum 
                        frequencies with another Federal entity, after 
                        the frequencies from which the other eligible 
                        Federal entity is relocating are reallocated by 
                        competitive bidding under section 309(j) of the 
                        Communications Act of 1934 (47 U.S.C. 309(j)), 
                        without regard to the availability of such sums 
                        in the Fund.
                    ``(E) Prior to the deposit of proceeds into the 
                Fund from an auction, the Director of OMB may borrow 
                from the Treasury the amount under subparagraph (A) for 
                a transfer under subparagraph (D). The Treasury shall 
                immediately be reimbursed, without interest, from funds 
                deposited into the Fund.''.

SEC. 15. AMENDMENTS TO THE SPECTRUM PIPELINE ACT OF 2015.

    Section 1008 of the Spectrum Pipeline Act of 2015 (Public Law 114-
74; 129 Stat. 584) is amended in the matter preceding paragraph (1) by 
inserting ``, after notice and an opportunity for public comment,'' 
after ``the Commission''.

SEC. 16. GAO ASSESSMENT OF UNLICENSED SPECTRUM AND WI-FI USE IN LOW-
              INCOME NEIGHBORHOODS.

    (a) Study.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study to evaluate the availability of 
        broadband Internet access using unlicensed spectrum and 
        wireless networks in low income neighborhoods.
            (2) Requirements.--In conducting the study under paragraph 
        (1), the Comptroller General shall consider and evaluate--
                    (A) the availability of wireless Internet hot spots 
                and access to unlicensed spectrum in low-income 
                neighborhoods, particularly for elementary and school-
                aged children in such neighborhoods;
                    (B) any barriers preventing or limiting the 
                deployment and use of wireless networks in low-income 
                neighborhoods;
                    (C) how to overcome any barriers described in 
                subparagraph (B), including through incentives, 
                policies, or requirements that would increase the 
                availability of unlicensed spectrum and related 
                technologies in low-income neighborhoods; and
                    (D) how to encourage home broadband adoption by 
                households with elementary and secondary school-age 
                children that are in low-income neighborhoods.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Energy and Commerce of the House of Representatives a report that--
            (1) summarizes the findings of the study conducted under 
        subsection (a); and
            (2) makes recommendations with respect to potential 
        incentives, policies, and requirements that could help achieve 
        the goals described in subparagraphs (C) and (D) of subsection 
        (a)(2).

SEC. 17. RULEMAKING RELATED TO PARTITIONING OR DISAGGREGATING LICENSES.

    (a) Definitions.--In this section--
            (1) Covered small carrier.--The term ``covered small 
        carrier'' means a carrier (as defined in section 3 of the 
        Communications Act of 1934 (47 U.S.C. 153)) that--
                    (A) has not more than 1,500 employees (as 
                determined under section 121.106 of title 13, Code of 
                Federal Regulations, or any successor thereto); and
                    (B) offers services using the facilities of the 
                carrier.
            (2) Rural area.--The term ``rural area'' means any area 
        other than--
                    (A) a city, town, or incorporated area that has a 
                population of more than 20,000 inhabitants; or
                    (B) an urbanized area contiguous and adjacent to a 
                city or town that has a population of more than 50,000 
                inhabitants.
    (b) Rulemaking.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Commission shall initiate a 
        rulemaking proceeding to assess whether to establish a program, 
        or modify existing programs, under which a licensee that 
        receives a license for the exclusive use of spectrum in a 
        specific geographic area under section 301 of the 
        Communications Act of 1934 (47 U.S.C. 301) may partition or 
        disaggregate the license by sale or long-term lease--
                    (A) in order to--
                            (i) provide services consistent with the 
                        license; and
                            (ii) make unused spectrum available to--
                                    (I) an unaffiliated covered small 
                                carrier; or
                                    (II) an unaffiliated carrier to 
                                serve a rural area; and
                    (B) if the Commission finds that such a program 
                would promote--
                            (i) the availability of advanced 
                        telecommunications services in rural areas; or
                            (ii) spectrum availability for covered 
                        small carriers.
            (2) Considerations.--In conducting the rulemaking 
        proceeding under paragraph (1), the Commission shall consider, 
        with respect to the program proposed to be established under 
        that paragraph--
                    (A) whether reduced performance requirements with 
                respect to spectrum obtained through the program would 
                facilitate deployment of advanced telecommunications 
                services in the areas covered by the program;
                    (B) what conditions may be needed on transfers of 
                spectrum under the program to allow covered small 
                carriers that obtain spectrum under the program to 
                build out the spectrum in a reasonable period of time;
                    (C) what incentives may be appropriate to encourage 
                licensees to lease or sell spectrum, including--
                            (i) extending the term of a license granted 
                        under section 301 of the Communications Act of 
                        1934 (47 U.S.C. 301); or
                            (ii) modifying performance requirements of 
                        the license relating to the leased or sold 
                        spectrum; and
                    (D) the administrative feasibility of--
                            (i) the incentives described in 
                        subparagraph (C); and
                            (ii) other incentives considered by the 
                        Commission that further the goals of this 
                        section.
            (3) Forfeiture of spectrum.--If a party fails to meet any 
        build out requirements set by the Commission for any spectrum 
        sold or leased under this section, the right to the spectrum 
        shall be forfeited to the Commission unless the Commission 
        finds that there is good cause for the failure of the party.
            (4) Requirement.--The Commission may offer a licensee 
        incentives or reduced performance requirements under this 
        section only if the Commission finds that doing so would likely 
        result in increased availability of advanced telecommunications 
        services in a rural area.

SEC. 18. UNLICENSED SPECTRUM POLICY.

    (a) Statement of Policy.--It is the policy of the United States--
            (1) to maximize the benefit to the people of the United 
        States of the spectrum resources of the United States;
            (2) to advance innovation and investment in wireless 
        broadband services; and
            (3) to promote spectrum policy that makes available on an 
        unlicensed basis radio frequency bands sufficient to meet 
        consumer demand for unlicensed wireless broadband operations.
    (b) Commission Responsibilities.--The Commission shall ensure that 
the efforts of the Commission related to spectrum allocation and 
assignment make available on an unlicensed basis radio frequency bands 
sufficient to meet demand for unlicensed wireless broadband operations 
if doing so is, after taking into account the future needs of other 
spectrum users--
            (1) reasonable; and
            (2) in the public interest.
    (c) Commission Action.--Not later than 18 months after the date of 
enactment of this Act, the Commission shall take action to implement 
subsection (b).

SEC. 19. NATIONAL PLAN FOR UNLICENSED SPECTRUM.

    (a) Definitions.--In this section:
            (1) Spectrum relocation fund.--The term ``Spectrum 
        Relocation Fund'' means the Fund established under section 118 
        of the National Telecommunications and Information 
        Administration Organization Act (47 U.S.C. 928).
            (2) Unlicensed operations.--The term ``unlicensed 
        operations'' means the use of spectrum on a non-exclusive basis 
        under--
                    (A) part 15 of title 47, Code of Federal 
                Regulations; or
                    (B) licensing by rule under part 96 of title 47, 
                Code of Federal Regulations.
    (b) National Plan.--Not later than 1 year after the date of 
enactment of this Act, the Commission, in consultation with the NTIA, 
shall develop a national plan for making additional radio frequency 
bands available for unlicensed operations.
    (c) Requirements.--The plan developed under this section shall--
            (1) identify an approach that ensures that consumers have 
        access to additional spectrum to conduct unlicensed operations 
        in a range of radio frequencies to meet consumer demand;
            (2) recommend specific actions by the Commission and the 
        NTIA to permit unlicensed operations in additional radio 
        frequency ranges that the Commission finds--
                    (A) are consistent with the statement of policy 
                under section 18(a);
                    (B) will--
                            (i) expand opportunities for unlicensed 
                        operations in a spectrum band; or
                            (ii) otherwise improve spectrum utilization 
                        and intensity of use of bands where unlicensed 
                        operations are already permitted;
                    (C) will not cause harmful interference to Federal 
                or non-Federal users of such bands; and
                    (D) will not significantly impact homeland security 
                or national security communications systems; and
            (3) examine additional ways, with respect to existing and 
        planned databases or spectrum access systems designed to 
        promote spectrum sharing and access to spectrum for unlicensed 
        operations--
                    (A) to improve accuracy and efficacy;
                    (B) to reduce burdens on consumers, manufacturers, 
                and service providers; and
                    (C) to protect sensitive Government information.
    (d) Spectrum Relocation Fund.--To be included as part of the plan 
developed under this section, the NTIA shall share with the Commission 
recommendations about how to reform the Spectrum Relocation Fund--
            (1) to address costs incurred by Federal entities related 
        to sharing radio frequency bands with radio technologies 
        conducting unlicensed operations; and
            (2) to ensure the Fund has sufficient funds to cover--
                    (A) the costs described in paragraph (1); and
                    (B) other expenditures allowed of the Fund under 
                section 118 of the National Telecommunications and 
                Information Administration Organization Act (47 U.S.C. 
                928).
    (e) Report Required.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Commission shall submit to the 
        appropriate committees of Congress a report that describes the 
        plan developed under this section, including any 
        recommendations for legislative change.
            (2) Publication on commission website.--Not later than the 
        date on which the Commission submits the report under paragraph 
        (1), the Commission shall make the report publicly available on 
        the website of the Commission.

SEC. 20. SPECTRUM CHALLENGE PRIZE.

    (a) Findings.--Congress finds the following:
            (1) The future competitiveness and global technology 
        leadership of the United States depend, in part, upon the 
        availability and efficient use of spectrum.
            (2) Dramatic improvement in spectrum efficiency would spur 
        innovation, investment, and economic growth.
            (3) Radio frequency spectrum is vital for emergency 
        communications, national security, law enforcement, aviation, 
        maritime safety, space communications, and numerous other 
        Federal functions.
            (4) Prize competitions can spur innovation in the private 
        and public sectors.
    (b) Definition of Prize Competition.--In this section, the term 
``prize competition'' means a prize competition conducted by the 
Secretary under subsection (c)(1).
    (c) Spectrum Challenge Prize.--
            (1) In general.--The Secretary, in consultation with the 
        Assistant Secretary of Commerce for Communications and 
        Information and the Under Secretary of Commerce for Standards 
        and Technology, shall, subject to the availability of funds for 
        prize competitions under this section--
                    (A) conduct prize competitions to dramatically 
                accelerate the development and commercialization of 
                technology that improves spectrum efficiency and is 
                capable of cost-effective deployment; and
                    (B) define a measurable set of performance goals 
                for participants in the prize competitions to 
                demonstrate their solutions on a level playing field 
                while making a significant advancement over the current 
                state of the art.
            (2) Authority of secretary.--In carrying out paragraph (1), 
        the Secretary may--
                    (A) enter into a grant, contract, cooperative 
                agreement, or other agreement with a private sector 
                for-profit or nonprofit entity to administer the prize 
                competitions;
                    (B) invite the Defense Advanced Research Projects 
                Agency, the Commission, the National Aeronautics and 
                Space Administration, the National Science Foundation, 
                or any other Federal agency to provide advice and 
                assistance in the design or administration of the prize 
                competitions; and
                    (C) award not more than $5,000,000, in the 
                aggregate, to the winner or winners of the prize 
                competitions.
    (d) Criteria.--Not later than 180 days after the date on which 
funds for prize competitions are made available pursuant to this 
section, the Commission shall publish a technical paper on spectrum 
efficiency providing criteria that may be used for the design of the 
prize competitions.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 21. WIRELESS TELECOMMUNICATIONS TAX AND FEE COLLECTION FAIRNESS.

    (a) Short Title.--This section may be cited as the ``Wireless 
Telecommunications Tax and Fee Collection Fairness Act of 2016''.
    (b) Findings.--Congress finds the following:
            (1) A State may designate an in-State or out-of-State 
        person as a collection agent for the State and impose upon the 
        person a duty to collect certain taxes and fees for wireless 
        telecommunications services from residents of the State.
            (2) States have the sovereign right to tax their citizens, 
        subject to the Constitution of the United States and Federal 
        law. States do not have the right to tax interstate commerce or 
        to impose taxes or other obligations on citizens of other 
        States without limitation.
            (3) A collection agent for a State may feasibly collect 
        taxes and fees from a customer in connection with a financial 
        transaction to which the agent and customer are parties.
            (4) Congress can help ensure against unreasonable burdens 
        on interstate commerce by prohibiting each State from imposing 
        a duty on any person to serve as a collection agent for the 
        State unless the collection is in connection with a financial 
        transaction.
    (c) Definitions.--In this section:
            (1) Financial transaction.--The term ``financial 
        transaction'' means a transaction in which the purchaser or 
        user of a wireless telecommunications service upon whom a tax, 
        fee, or surcharge is imposed gives cash, credit, or any other 
        exchange of monetary value or consideration to the person who 
        is required to collect or remit the tax, fee, or surcharge.
            (2) Local jurisdiction.--The term ``local jurisdiction'' 
        means a political subdivision of a State.
            (3) State.--The term ``State'' means any of the several 
        States, the District of Columbia, and any territory or 
        possession of the United States.
            (4) State or local jurisdiction.--The term ``State or local 
        jurisdiction'' includes any governmental entity or person 
        acting on behalf of a State or local jurisdiction that has the 
        authority to assess, impose, levy, or collect taxes or fees.
            (5) Wireless telecommunications service.--The term 
        ``wireless telecommunications service'' means a commercial 
        mobile radio service, as defined in section 20.3 of title 47, 
        Code of Federal Regulations, or any successor thereto.
    (d) Financial Transaction Requirement.--
            (1) In general.--A State, or a local jurisdiction of a 
        State, may not require a person to collect from, or remit on 
        behalf of, any other person a State or local tax, fee, or 
        surcharge imposed on a purchaser or user with respect to the 
        purchase or use of any wireless telecommunications service 
        within the State unless the collection or remittance is in 
        connection with a financial transaction between--
                    (A) the person that the State or local jurisdiction 
                requires to collect or remit the tax, fee, or 
                surcharge; and
                    (B) the purchaser or user of the wireless 
                telecommunications service.
            (2) Rule of construction.--Nothing in this subsection shall 
        be construed to affect the right of a State or local 
        jurisdiction to require the collection of any tax, fee, or 
        surcharge in connection with a financial transaction.
    (e) Enforcement.--
            (1) Private right of action.--Any person aggrieved by a 
        violation of subsection (d) may bring a civil action in an 
        appropriate district court of the United States for equitable 
        relief in accordance with paragraph (2) of this subsection.
            (2) Jurisdiction of district courts.--Notwithstanding 
        section 1341 of title 28, United States Code, or the 
        constitution or laws of any State, the district courts of the 
        United States shall have jurisdiction, without regard to the 
        amount in controversy or citizenship of the parties, to grant 
        such mandatory or prohibitive injunctive relief, interim 
        equitable relief, and declaratory judgments as may be necessary 
        to prevent, restrain, or terminate any acts in violation of 
        subsection (d).

SEC. 22. RULES OF CONSTRUCTION.

    (a) Ranges of Frequencies.--Each range of frequencies described in 
this Act shall be construed to be inclusive of the upper and lower 
frequencies in the range.
    (b) Assessment of Electromagnetic Spectrum Reallocation.--Nothing 
in this Act shall be construed to affect any requirement under section 
156 of the National Telecommunications and Information Administration 
Organization Act (47 U.S.C. 921 note), as added by section 1062(a) of 
the National Defense Authorization Act for Fiscal Year 2000.

SEC. 23. RELATIONSHIP TO MIDDLE CLASS TAX RELIEF AND JOB CREATION ACT 
              OF 2012.

    Nothing in this Act shall be construed to limit, restrict, or 
circumvent in any way the implementation of the nationwide public 
safety broadband network defined in section 6001 of title VI of the 
Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401) 
or any rules implementing that network under title VI of that Act (47 
U.S.C. 1401 et seq.).
                                                       Calendar No. 446

114th CONGRESS

  2d Session

                                S. 2555

_______________________________________________________________________

                                 A BILL

   To provide opportunities for broadband investment, and for other 
                               purposes.

_______________________________________________________________________

                             April 28, 2016

                       Reported with an amendment