[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4986 Engrossed in House (EH)]

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115th CONGRESS
  2d Session
                                H. R. 4986

_______________________________________________________________________

                                 AN ACT


 
 To amend the Communications Act of 1934 to reauthorize appropriations 
   for the Federal Communications Commission, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Repack Airwaves 
Yielding Better Access for Users of Modern Services Act of 2018'' or 
the ``RAY BAUM'S Act of 2018''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Commission defined.
                      TITLE I--FCC REAUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Application and regulatory fees.
Sec. 103. Effective date.
              TITLE II--APPLICATION OF ANTIDEFICIENCY ACT

Sec. 201. Application of Antideficiency Act to Universal Service 
                            Program.
          TITLE III--SECURING ACCESS TO NETWORKS IN DISASTERS

Sec. 301. Study on network resiliency.
Sec. 302. Access to essential service providers during federally 
                            declared emergencies.
Sec. 303. Definitions.
                  TITLE IV--FCC CONSOLIDATED REPORTING

Sec. 401. Communications marketplace report.
Sec. 402. Consolidation of redundant reports; conforming amendments.
Sec. 403. Effect on authority.
Sec. 404. Other reports.
                     TITLE V--ADDITIONAL PROVISIONS

Sec. 501. Independent Inspector General for FCC.
Sec. 502. Authority of Chief Information Officer.
Sec. 503. Spoofing prevention.
Sec. 504. Report on promoting broadband Internet access service for 
                            veterans.
Sec. 505. Methodology for collection of mobile service coverage data.
Sec. 506. Accuracy of dispatchable location for 9-1-1 calls.
Sec. 507. NTIA study on interagency process following cybersecurity 
                            incidents.
Sec. 508. Tribal digital access.
Sec. 509. Terms of office and vacancies.
Sec. 510. Submission of copy of certain documents to Congress.
Sec. 511. Joint board recommendation.
Sec. 512. Disclaimer for press releases regarding notices of apparent 
                            liability.
Sec. 513. Reports related to spectrum auctions.
                      TITLE VI--VIEWER PROTECTION

Sec. 601. Reserve source for payment of TV broadcaster relocation 
                            costs.
Sec. 602. Payment of relocation costs of television translator stations 
                            and low power television stations.
Sec. 603. Payment of relocation costs of FM broadcast stations.
Sec. 604. Consumer education payment.
Sec. 605. Implementation and enforcement.
Sec. 606. Rule of construction.
                         TITLE VII--MOBILE NOW

Sec. 701. Short title.
Sec. 702. Definitions.
Sec. 703. Identifying 255 megahertz.
Sec. 704. Millimeter wave spectrum.
Sec. 705. 3 gigahertz spectrum.
Sec. 706. Broadband infrastructure deployment.
Sec. 707. Reallocation incentives.
Sec. 708. Bidirectional sharing study.
Sec. 709. Unlicensed services in guard bands.
Sec. 710. Amendments to the Spectrum Pipeline Act of 2015.
Sec. 711. GAO assessment of unlicensed spectrum and Wi-Fi use in low-
                            income neighborhoods.
Sec. 712. Rulemaking related to partitioning or disaggregating 
                            licenses.
Sec. 713. Unlicensed spectrum policy.
Sec. 714. National plan for unlicensed spectrum.
Sec. 715. Spectrum challenge prize.
Sec. 716. Wireless telecommunications tax and fee collection fairness.
Sec. 717. Rules of construction.
Sec. 718. Relationship to Middle Class Tax Relief and Job Creation Act 
                            of 2012.
Sec. 719. No additional funds authorized.

SEC. 2. COMMISSION DEFINED.

    In this Act, the term ``Commission'' means the Federal 
Communications Commission.

                      TITLE I--FCC REAUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 6 of the Communications Act of 1934 (47 
U.S.C. 156) is amended to read as follows:

``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization.--There are authorized to be appropriated to 
the Commission to carry out the functions of the Commission 
$333,118,000 for fiscal year 2019 and $339,610,000 for fiscal year 
2020.
    ``(b) Offsetting Collections.--The sum appropriated in any fiscal 
year to carry out the activities described in subsection (a), to the 
extent and in the amounts provided for in Appropriations Acts, shall be 
derived from fees authorized by section 9.''.
    (b) Deposits of Bidders To Be Deposited in Treasury.--Section 
309(j)(8)(C) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(C)) 
is amended--
            (1) in the first sentence, by striking ``an interest 
        bearing account'' and all that follows and inserting ``the 
        Treasury.'';
            (2) in clause (i)--
                    (A) by striking ``paid to the Treasury'' and 
                inserting ``deposited in the general fund of the 
                Treasury (where such deposits shall be used for the 
                sole purpose of deficit reduction)''; and
                    (B) by striking the semicolon and inserting ``; 
                and'';
            (3) in clause (ii), by striking ``; and'' and inserting ``, 
        and payments representing the return of such deposits shall not 
        be subject to administrative offset under section 3716(c) of 
        title 31, United States Code.''; and
            (4) by striking clause (iii).
    (c) Elimination of Duplicative Authorization of Appropriations.--
            (1) In general.--Section 710 of the Telecommunications Act 
        of 1996 (Public Law 104-104) is repealed.
            (2) Conforming amendment.--The table of contents in section 
        2 of such Act is amended by striking the item relating to 
        section 710.
    (d) Transfer of Funds.--On the effective date described in section 
103, any amounts in the account providing appropriations to carry out 
the functions of the Commission that were collected in excess of the 
amounts provided for in Appropriations Acts in any fiscal year prior to 
such date shall be transferred to the general fund of the Treasury of 
the United States for the sole purpose of deficit reduction.

SEC. 102. APPLICATION AND REGULATORY FEES.

    (a) Application Fees.--Section 8 of the Communications Act of 1934 
(47 U.S.C. 158) is amended to read as follows:

``SEC. 8. APPLICATION FEES.

    ``(a) General Authority; Establishment of Schedule.--The Commission 
shall assess and collect application fees at such rates as the 
Commission shall establish in a schedule of application fees to recover 
the costs of the Commission to process applications.
    ``(b) Adjustment of Schedule.--
            ``(1) In general.--In every even-numbered year, the 
        Commission shall review the schedule of application fees 
        established under this section and, except as provided in 
        paragraph (2), set a new amount for each fee in the schedule 
        that is equal to the amount of the fee on the date when the fee 
        was established or the date when the fee was last amended under 
        subsection (c), whichever is later--
                    ``(A) increased or decreased by the percentage 
                change in the Consumer Price Index during the period 
                beginning on such date and ending on the date of the 
                review; and
                    ``(B) rounded to the nearest $5 increment.
            ``(2) Threshold for adjustment.--The Commission may not 
        adjust a fee under paragraph (1) if--
                    ``(A) in the case of a fee the current amount of 
                which is less than $200, the adjustment would result in 
                a change in the current amount of less than $10; or
                    ``(B) in the case of a fee the current amount of 
                which is $200 or more, the adjustment would result in a 
                change in the current amount of less than 5 percent.
            ``(3) Current amount defined.--In paragraph (2), the term 
        `current amount' means, with respect to a fee, the amount of 
        the fee on the date when the fee was established, the date when 
        the fee was last adjusted under paragraph (1), or the date when 
        the fee was last amended under subsection (c), whichever is 
        latest.
    ``(c) Amendments to Schedule.--In addition to the adjustments 
required by subsection (b), the Commission shall by rule amend the 
schedule of application fees established under this section if the 
Commission determines that the schedule requires amendment--
            ``(1) so that such fees reflect increases or decreases in 
        the costs of processing applications at the Commission; or
            ``(2) so that such schedule reflects the consolidation or 
        addition of new categories of applications.
    ``(d) Exceptions.--
            ``(1) Parties to which fees are not applicable.--The 
        application fees established under this section shall not be 
        applicable to--
                    ``(A) a governmental entity;
                    ``(B) a nonprofit entity licensed in the Local 
                Government, Police, Fire, Highway Maintenance, 
                Forestry-Conservation, Public Safety, or Special 
                Emergency Radio radio services; or
                    ``(C) a noncommercial radio station or 
                noncommercial television station.
            ``(2) Cost of collection.--If, in the judgment of the 
        Commission, the cost of collecting an application fee 
        established under this section would exceed the amount 
        collected, the Commission may by rule eliminate such fee.
    ``(e) Deposit of Collections.--Moneys received from application 
fees established under this section shall be deposited in the general 
fund of the Treasury.''.
    (b) Regulatory Fees.--Section 9 of the Communications Act of 1934 
(47 U.S.C. 159) is amended to read as follows:

``SEC. 9. REGULATORY FEES.

    ``(a) General Authority.--The Commission shall assess and collect 
regulatory fees to recover the costs of carrying out the activities 
described in section 6(a) only to the extent, and in the total amounts, 
provided for in Appropriations Acts.
    ``(b) Establishment of Schedule.--The Commission shall assess and 
collect regulatory fees at such rates as the Commission shall establish 
in a schedule of regulatory fees that will result in the collection, in 
each fiscal year, of an amount that can reasonably be expected to equal 
the amounts described in subsection (a) with respect to such fiscal 
year.
    ``(c) Adjustment of Schedule.--
            ``(1) In general.--For each fiscal year, the Commission 
        shall by rule adjust the schedule of regulatory fees 
        established under this section to--
                    ``(A) reflect unexpected increases or decreases in 
                the number of units subject to the payment of such 
                fees; and
                    ``(B) result in the collection of the amount 
                required by subsection (b).
            ``(2) Rounding.--In making adjustments under this 
        subsection, the Commission may round fees to the nearest $5 
        increment.
    ``(d) Amendments to Schedule.--In addition to the adjustments 
required by subsection (c), the Commission shall by rule amend the 
schedule of regulatory fees established under this section if the 
Commission determines that the schedule requires amendment so that such 
fees reflect the full-time equivalent number of employees within the 
bureaus and offices of the Commission, adjusted to take into account 
factors that are reasonably related to the benefits provided to the 
payor of the fee by the Commission's activities. In making an amendment 
under this subsection, the Commission may not change the total amount 
of regulatory fees required by subsection (b) to be collected in a 
fiscal year.
    ``(e) Exceptions.--
            ``(1) Parties to which fees are not applicable.--The 
        regulatory fees established under this section shall not be 
        applicable to--
                    ``(A) a governmental entity or nonprofit entity;
                    ``(B) an amateur radio operator licensee under part 
                97 of the Commission's rules (47 CFR part 97); or
                    ``(C) a noncommercial radio station or 
                noncommercial television station.
            ``(2) Cost of collection.--If, in the judgment of the 
        Commission, the cost of collecting a regulatory fee established 
        under this section from a party would exceed the amount 
        collected from such party, the Commission may exempt such party 
        from paying such fee.
    ``(f) Deposit of Collections.--
            ``(1) In general.--Amounts received from fees authorized by 
        this section shall be deposited as an offsetting collection in, 
        and credited to, the account through which funds are made 
        available to carry out the activities described in section 
        6(a).
            ``(2) Deposit of excess collections.--Any regulatory fees 
        collected in excess of the total amount of fees provided for in 
        Appropriations Acts for a fiscal year shall be deposited in the 
        general fund of the Treasury of the United States for the sole 
        purpose of deficit reduction.''.
    (c) Provisions Applicable to Application and Regulatory Fees.--
Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) is 
amended by inserting after section 9 the following:

``SEC. 9A. PROVISIONS APPLICABLE TO APPLICATION AND REGULATORY FEES.

    ``(a) Judicial Review Prohibited.--Any adjustment or amendment to a 
schedule of fees under subsection (b) or (c) of section 8 or subsection 
(c) or (d) of section 9 is not subject to judicial review.
    ``(b) Notice to Congress.--The Commission shall transmit to 
Congress notification--
            ``(1) of any adjustment under section 8(b) or 9(c) 
        immediately upon the adoption of such adjustment; and
            ``(2) of any amendment under section 8(c) or 9(d) not later 
        than 90 days before the effective date of such amendment.
    ``(c) Enforcement.--
            ``(1) Penalties for late payment.--The Commission shall by 
        rule prescribe an additional penalty for late payment of fees 
        under section 8 or 9. Such additional penalty shall be 25 
        percent of the amount of the fee that was not paid in a timely 
        manner.
            ``(2) Interest on unpaid fees and penalties.--The 
        Commission shall charge interest, at a rate determined under 
        section 3717 of title 31, United States Code, on a fee under 
        section 8 or 9 or an additional penalty under this subsection 
        that is not paid in a timely manner. Such section 3717 shall 
        not otherwise apply with respect to such a fee or penalty.
            ``(3) Dismissal of applications or filings.--The Commission 
        may dismiss any application or other filing for failure to pay 
        in a timely manner any fee under section 8 or 9 or any interest 
        or additional penalty under this subsection.
            ``(4) Revocations.--
                    ``(A) In general.--In addition to or in lieu of the 
                penalties and dismissals authorized by this subsection, 
                the Commission may revoke any instrument of 
                authorization held by any licensee that has not paid in 
                a timely manner a regulatory fee assessed under section 
                9 or any related interest or penalty.
                    ``(B) Notice.--Revocation action may be taken by 
                the Commission under this paragraph after notice of the 
                Commission's intent to take such action is sent to the 
                licensee by registered mail, return receipt requested, 
                at the licensee's last known address. The notice shall 
                provide the licensee at least 30 days to either pay the 
                fee, interest, and any penalty or show cause why the 
                fee, interest, or penalty does not apply to the 
                licensee or should otherwise be waived or payment 
                deferred.
                    ``(C) Hearing.--
                            ``(i) Generally not required.--A hearing is 
                        not required under this paragraph unless the 
                        licensee's response presents a substantial and 
                        material question of fact.
                            ``(ii) Evidence and burdens.--In any case 
                        where a hearing is conducted under this 
                        paragraph, the hearing shall be based on 
                        written evidence only, and the burden of 
                        proceeding with the introduction of evidence 
                        and the burden of proof shall be on the 
                        licensee.
                            ``(iii) Costs.--Unless the licensee 
                        substantially prevails in the hearing, the 
                        Commission may assess the licensee for the 
                        costs of such hearing.
                    ``(D) Opportunity to pay prior to revocation.--Any 
                Commission order adopted under this paragraph shall 
                determine the amount due, if any, and provide the 
                licensee with at least 30 days to pay that amount or 
                have its authorization revoked.
                    ``(E) Finality.--No order of revocation under this 
                paragraph shall become final until the licensee has 
                exhausted its right to judicial review of such order 
                under section 402(b)(5).
    ``(d) Waiver, Reduction, and Deferment.--The Commission may waive, 
reduce, or defer payment of a fee under section 8 or 9 or an interest 
charge or penalty under this section in any specific instance for good 
cause shown, where such action would promote the public interest.
    ``(e) Payment Rules.--The Commission shall by rule permit payment--
            ``(1) in the case of fees under section 8 or 9 in large 
        amounts, by installments; and
            ``(2) in the case of fees under section 8 or 9 in small 
        amounts, in advance for a number of years not to exceed the 
        term of the license held by the payor.
    ``(f) Accounting System.--The Commission shall develop accounting 
systems necessary to make the amendments authorized by sections 8(c) 
and 9(d).''.
    (d) Transitional Rules.--
            (1) Application fees.--An application fee established under 
        section 8 of the Communications Act of 1934, as such section is 
        in effect on the day before the effective date described in 
        section 103 of this Act, shall remain in effect under section 8 
        of the Communications Act of 1934, as amended by subsection (a) 
        of this section, until such time as the Commission adjusts or 
        amends such fee under subsection (b) or (c) of such section 8, 
        as so amended.
            (2) Regulatory fees.--A regulatory fee established under 
        section 9 of the Communications Act of 1934, as such section is 
        in effect on the day before the effective date described in 
        section 103 of this Act, shall remain in effect under section 9 
        of the Communications Act of 1934, as amended by subsection (b) 
        of this section, until such time as the Commission adjusts or 
        amends such fee under subsection (c) or (d) of such section 9, 
        as so amended.
    (e) Rulemaking To Amend Schedule of Regulatory Fees.--
            (1) In general.--Not later than 1 year after the effective 
        date described in section 103, the Commission shall complete a 
        rulemaking proceeding under subsection (d) of section 9 of the 
        Communications Act of 1934, as amended by subsection (b) of 
        this section.
            (2) Report to congress.--If the Commission has not 
        completed the rulemaking proceeding required by paragraph (1) 
        by the date that is 6 months after the effective date described 
        in section 103, the Commission shall submit to Congress a 
        report on the progress of such rulemaking proceeding.

SEC. 103. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect 
on October 1, 2018.

              TITLE II--APPLICATION OF ANTIDEFICIENCY ACT

SEC. 201. APPLICATION OF ANTIDEFICIENCY ACT TO UNIVERSAL SERVICE 
              PROGRAM.

    Section 302 of Public Law 108-494 (118 Stat. 3998) is amended by 
striking ``December 31, 2018'' each place it appears and inserting 
``December 31, 2019''.

          TITLE III--SECURING ACCESS TO NETWORKS IN DISASTERS

SEC. 301. STUDY ON NETWORK RESILIENCY.

    Not later than 36 months after the date of enactment of this Act, 
the Commission shall submit to Congress, and make publically available 
on the Commission's website, a study on the public safety benefits and 
technical feasibility and cost of--
            (1) making telecommunications service provider-owned WiFi 
        access points, and other communications technologies operating 
        on unlicensed spectrum, available to the general public for 
        access to 9-1-1 services, without requiring any login 
        credentials, during times of emergency when mobile service is 
        unavailable;
            (2) the provision by non-telecommunications service 
        provider-owned WiFi access points of public access to 9-1-1 
        services during times of emergency when mobile service is 
        unavailable; and
            (3) other alternative means of providing the public with 
        access to 9-1-1 services during times of emergency when mobile 
        service is unavailable.

SEC. 302. ACCESS TO ESSENTIAL SERVICE PROVIDERS DURING FEDERALLY 
              DECLARED EMERGENCIES.

    Section 427(a) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5189e(a)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking 
                ``telecommunications service'' and inserting ``wireline 
                or mobile telephone service, Internet access service, 
                radio or television broadcasting, cable service, or 
                direct broadcast satellite service'';
                    (B) in subparagraph (E), by striking the semicolon 
                and inserting ``; or''; and
                    (C) by redesignating subparagraphs (A) through (E) 
                as clauses (i) through (v), respectively; and
            (2) by striking ``(1) provides'' and inserting ``(1)(A) 
        provides''.

SEC. 303. DEFINITIONS.

    As used in this title--
            (1) the term ``mobile service'' means commercial mobile 
        service (as defined in section 332 of the Communications Act of 
        1934 (47 U.S.C. 332)) or commercial mobile data service (as 
        defined in section 6001 of the Middle Class Tax Relief and Job 
        Creation Act of 2012 (47 U.S.C. 1401));
            (2) the term ``WiFi access point'' means wireless Internet 
        access using the standard designated as 802.11 or any variant 
        thereof; and
            (3) the term ``times of emergency'' means either an 
        emergency as defined in section 102 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), 
        or an emergency as declared by the governor of a State or 
        territory of the United States.

                  TITLE IV--FCC CONSOLIDATED REPORTING

SEC. 401. COMMUNICATIONS MARKETPLACE REPORT.

    Title I of the Communications Act of 1934 (47 U.S.C. 151 et seq.) 
is amended by adding at the end the following:

``SEC. 13. COMMUNICATIONS MARKETPLACE REPORT.

    ``(a) In General.--In the last quarter of every even-numbered year, 
the Commission shall publish on its website and submit to the Committee 
on Energy and Commerce of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report on the state of the communications marketplace.
    ``(b) Contents.--Each report required by subsection (a) shall--
            ``(1) assess the state of competition in the communications 
        marketplace, including competition to deliver voice, video, 
        audio, and data services among providers of telecommunications, 
        providers of commercial mobile service (as defined in section 
        332), multichannel video programming distributors (as defined 
        in section 602), broadcast stations, providers of satellite 
        communications, Internet service providers, and other providers 
        of communications services;
            ``(2) assess the state of deployment of communications 
        capabilities, including advanced telecommunications capability 
        (as defined in section 706 of the Telecommunications Act of 
        1996 (47 U.S.C. 1302)), regardless of the technology used for 
        such deployment;
            ``(3) assess whether laws, regulations, regulatory 
        practices (whether those of the Federal Government, States, 
        political subdivisions of States, Indian tribes or tribal 
        organizations (as such terms are defined in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304)), or foreign governments), or demonstrated 
        marketplace practices pose a barrier to competitive entry into 
        the communications marketplace or to the competitive expansion 
        of existing providers of communications services;
            ``(4) describe the agenda of the Commission for the next 2-
        year period for addressing the challenges and opportunities in 
        the communications marketplace that were identified through the 
        assessments under paragraphs (1) through (3); and
            ``(5) describe the actions that the Commission has taken in 
        pursuit of the agenda described pursuant to paragraph (4) in 
        the previous report submitted under this section.
    ``(c) Extension.--If the President designates a Commissioner as 
Chairman of the Commission during the last quarter of an even-numbered 
year, the portion of the report required by subsection (b)(4) may be 
published on the website of the Commission and submitted to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate as 
an addendum during the first quarter of the following odd-numbered 
year.
    ``(d) Special Requirements.--
            ``(1) Assessing competition.--In assessing the state of 
        competition under subsection (b)(1), the Commission shall 
        consider all forms of competition, including the effect of 
        intermodal competition, facilities-based competition, and 
        competition from new and emergent communications services, 
        including the provision of content and communications using the 
        Internet.
            ``(2) Assessing deployment.--In assessing the state of 
        deployment under subsection (b)(2), the Commission shall 
        compile a list of geographical areas that are not served by any 
        provider of advanced telecommunications capability.
            ``(3) Considering small businesses.--In assessing the state 
        of competition under subsection (b)(1) and regulatory barriers 
        under subsection (b)(3), the Commission shall consider market 
        entry barriers for entrepreneurs and other small businesses in 
        the communications marketplace in accordance with the national 
        policy under section 257(b).''.

SEC. 402. CONSOLIDATION OF REDUNDANT REPORTS; CONFORMING AMENDMENTS.

    (a) ORBIT Act Report.--Section 646 of the Communications Satellite 
Act of 1962 (47 U.S.C. 765e; 114 Stat. 57) is repealed.
    (b) Satellite Competition Report.--Section 4 of Public Law 109-34 
(47 U.S.C. 703) is repealed.
    (c) International Broadband Data Report.--Section 103(b)(1) of the 
Broadband Data Improvement Act (47 U.S.C. 1303(b)(1)) is amended by 
striking ``the assessment and report'' and all that follows through 
``Federal Communications Commission'' and inserting ``its report under 
section 13 of the Communications Act of 1934, the Federal 
Communications Commission''.
    (d) Status of Competition in the Market for the Delivery of Video 
Programming Report.--Section 628 of the Communications Act of 1934 (47 
U.S.C. 548) is amended--
            (1) by striking subsection (g);
            (2) by redesignating subsection (j) as subsection (g); and
            (3) by transferring subsection (g) (as redesignated) so 
        that it appears after subsection (f).
    (e) Report on Cable Industry Prices.--Section 623(k) of the 
Communications Act of 1934 (47 U.S.C. 543(k)) is amended--
            (1) in paragraph (1), by striking ``annually publish'' and 
        inserting ``publish with its report under section 13''; and
            (2) in the heading of paragraph (2), by striking 
        ``annual''.
    (f) Triennial Report Identifying and Eliminating Market Entry 
Barriers for Entrepreneurs and Other Small Businesses.--Section 257 of 
the Communications Act of 1934 (47 U.S.C. 257) is amended by striking 
subsection (c).
    (g) State of Competitive Market Conditions With Respect to 
Commercial Mobile Radio Services.--Section 332(c)(1)(C) of the 
Communications Act of 1934 (47 U.S.C. 332(c)(1)(C)) is amended by 
striking the first and second sentences.
    (h) Previously Eliminated Annual Report.--
            (1) In general.--Section 4 of the Communications Act of 
        1934 (47 U.S.C. 154) is amended--
                    (A) by striking subsection (k); and
                    (B) by redesignating subsections (l) through (o) as 
                subsections (k) through (n), respectively.
            (2) Conforming amendment.--Section 309(j)(8)(B) of the 
        Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)) is amended 
        by striking the last sentence.
    (i) Additional Outdated Reports.--The Communications Act of 1934 is 
further amended--
            (1) in section 4--
                    (A) in subsection (b)(2)(B)(ii), by striking ``and 
                shall furnish notice of such action'' and all that 
                follows through ``subject of the waiver''; and
                    (B) in subsection (g), by striking paragraph (2);
            (2) in section 215--
                    (A) by striking subsection (b); and
                    (B) by redesignating subsection (c) as subsection 
                (b);
            (3) in section 227(e), by striking paragraph (4);
            (4) in section 309(j)--
                    (A) by striking paragraph (12); and
                    (B) in paragraph (15)(C), by striking clause (iv);
            (5) in section 331(b), by striking the last sentence;
            (6) in section 336(e), by amending paragraph (4) to read as 
        follows:
            ``(4) Report.--The Commission shall annually advise the 
        Congress on the amounts collected pursuant to the program 
        required by this subsection.'';
            (7) in section 339(c), by striking paragraph (1);
            (8) in section 396--
                    (A) by striking subsection (i);
                    (B) in subsection (k)--
                            (i) in paragraph (1), by striking 
                        subparagraph (F); and
                            (ii) in paragraph (3)(B)(iii), by striking 
                        subclause (V);
                    (C) in subsection (l)(1)(B), by striking ``shall be 
                included'' and all that follows through ``The audit 
                report''; and
                    (D) by striking subsection (m);
            (9) in section 398(b)(4), by striking the third sentence;
            (10) in section 624A(b)(1)--
                    (A) by striking ``Report; regulations'' and 
                inserting ``Regulations'';
                    (B) by striking ``Within 1 year after'' and all 
                that follows through ``on means of assuring'' and 
                inserting ``The Commission shall issue such regulations 
                as are necessary to assure''; and
                    (C) by striking ``Within 180 days after'' and all 
                that follows through ``to assure such compatibility.''; 
                and
            (11) in section 713, by striking subsection (a).

SEC. 403. EFFECT ON AUTHORITY.

    Nothing in this title or the amendments made by this title shall be 
construed to expand or contract the authority of the Commission.

SEC. 404. OTHER REPORTS.

    Nothing in this title or the amendments made by this title shall be 
construed to prohibit or otherwise prevent the Commission from 
producing any additional reports otherwise within the authority of the 
Commission.

                     TITLE V--ADDITIONAL PROVISIONS

SEC. 501. INDEPENDENT INSPECTOR GENERAL FOR FCC.

    (a) Amendments.--The Inspector General Act of 1978 (5 U.S.C. App.) 
is amended--
            (1) in section 8G(a)(2), by striking ``the Federal 
        Communications Commission,''; and
            (2) in section 12--
                    (A) in paragraph (1), by inserting ``, the Federal 
                Communications Commission,'' after ``the Chairman of 
                the Nuclear Regulatory Commission''; and
                    (B) in paragraph (2), by inserting ``the Federal 
                Communications Commission,'' after ``the Environmental 
                Protection Agency,''.
    (b) Transition Rule.--An individual serving as Inspector General of 
the Commission on the date of the enactment of this Act pursuant to an 
appointment made under section 8G of the Inspector General Act of 1978 
(5 U.S.C. App.)--
            (1) may continue so serving until the President makes an 
        appointment under section 3(a) of such Act with respect to the 
        Commission consistent with the amendments made by subsection 
        (a); and
            (2) shall, while serving under paragraph (1), remain 
        subject to the provisions of section 8G of such Act which, 
        immediately before the date of the enactment of this Act, 
        applied with respect to the Inspector General of the Commission 
        and suffer no reduction in pay.

SEC. 502. AUTHORITY OF CHIEF INFORMATION OFFICER.

    (a) In General.--The Commission shall ensure that the Chief 
Information Officer of the Commission has a significant role in--
            (1) the decision-making process for annual and multi-year 
        planning, programming, budgeting, and execution decisions, 
        related reporting requirements, and reports related to 
        information technology;
            (2) the management, governance, and oversight processes 
        related to information technology; and
            (3) the hiring of personnel with information technology 
        responsibilities.
    (b) CIO Approval.--The Chief Information Officer of the Commission, 
in consultation with the Chief Financial Officer of the Commission and 
budget officials, shall specify and approve the allocation of amounts 
appropriated to the Commission for information technology, consistent 
with the provisions of appropriations Acts, budget guidelines, and 
recommendations from the Director of the Office of Management and 
Budget.

SEC. 503. SPOOFING PREVENTION.

    (a) Expanding and Clarifying Prohibition on Misleading or 
Inaccurate Caller Identification Information.--
            (1) Communications from outside the united states.--Section 
        227(e)(1) of the Communications Act of 1934 (47 U.S.C. 
        227(e)(1)) is amended by striking ``in connection with any 
        telecommunications service or IP-enabled voice service'' and 
        inserting ``or any person outside the United States if the 
        recipient is within the United States, in connection with any 
        voice service or text messaging service''.
            (2) Coverage of text messages and voice services.--Section 
        227(e)(8) of the Communications Act of 1934 (47 U.S.C. 
        227(e)(8)) is amended--
                    (A) in subparagraph (A), by striking 
                ``telecommunications service or IP-enabled voice 
                service'' and inserting ``voice service or a text 
                message sent using a text messaging service'';
                    (B) in the first sentence of subparagraph (B), by 
                striking ``telecommunications service or IP-enabled 
                voice service'' and inserting ``voice service or a text 
                message sent using a text messaging service''; and
                    (C) by striking subparagraph (C) and inserting the 
                following:
                    ``(C) Text message.--The term `text message'--
                            ``(i) means a message consisting of text, 
                        images, sounds, or other information that is 
                        transmitted to or from a device that is 
                        identified as the receiving or transmitting 
                        device by means of a 10-digit telephone number 
                        or N11 service code;
                            ``(ii) includes a short message service 
                        (commonly referred to as `SMS') message and a 
                        multimedia message service (commonly referred 
                        to as `MMS') message; and
                            ``(iii) does not include--
                                    ``(I) a real-time, two-way voice or 
                                video communication; or
                                    ``(II) a message sent over an IP-
                                enabled messaging service to another 
                                user of the same messaging service, 
                                except a message described in clause 
                                (ii).
                    ``(D) Text messaging service.--The term `text 
                messaging service' means a service that enables the 
                transmission or receipt of a text message, including a 
                service provided as part of or in connection with a 
                voice service.
                    ``(E) Voice service.--The term `voice service'--
                            ``(i) means any service that is 
                        interconnected with the public switched 
                        telephone network and that furnishes voice 
                        communications to an end user using resources 
                        from the North American Numbering Plan or any 
                        successor to the North American Numbering Plan 
                        adopted by the Commission under section 
                        251(e)(1); and
                            ``(ii) includes transmissions from a 
                        telephone facsimile machine, computer, or other 
                        device to a telephone facsimile machine.''.
            (3) Technical amendment.--Section 227(e) of the 
        Communications Act of 1934 (47 U.S.C. 227(e)) is amended in the 
        heading by inserting ``Misleading or'' before ``Inaccurate''.
            (4) Regulations.--
                    (A) In general.--Section 227(e)(3)(A) of the 
                Communications Act of 1934 (47 U.S.C. 227(e)(3)(A)) is 
                amended by striking ``Not later than 6 months after the 
                date of enactment of the Truth in Caller ID Act of 
                2009, the Commission'' and inserting ``The 
                Commission''.
                    (B) Deadline.--The Commission shall prescribe 
                regulations to implement the amendments made by this 
                subsection not later than 18 months after the date of 
                enactment of this Act.
            (5) Effective date.--The amendments made by this subsection 
        shall take effect on the date that is 6 months after the date 
        on which the Commission prescribes regulations under paragraph 
        (4).
    (b) Consumer Education Materials on How To Avoid Scams That Rely 
Upon Misleading or Inaccurate Caller Identification Information.--
            (1) Development of materials.--Not later than 1 year after 
        the date of enactment of this Act, the Commission, in 
        coordination with the Federal Trade Commission, shall develop 
        consumer education materials that provide information about--
                    (A) ways for consumers to identify scams and other 
                fraudulent activity that rely upon the use of 
                misleading or inaccurate caller identification 
                information; and
                    (B) existing technologies, if any, that a consumer 
                can use to protect against such scams and other 
                fraudulent activity.
            (2) Contents.--In developing the consumer education 
        materials under paragraph (1), the Commission shall--
                    (A) identify existing technologies, if any, that 
                can help consumers guard themselves against scams and 
                other fraudulent activity that rely upon the use of 
                misleading or inaccurate caller identification 
                information, including--
                            (i) descriptions of how a consumer can use 
                        the technologies to protect against such scams 
                        and other fraudulent activity; and
                            (ii) details on how consumers can access 
                        and use the technologies; and
                    (B) provide other information that may help 
                consumers identify and avoid scams and other fraudulent 
                activity that rely upon the use of misleading or 
                inaccurate caller identification information.
            (3) Updates.--The Commission shall ensure that the consumer 
        education materials required under paragraph (1) are updated on 
        a regular basis.
            (4) Website.--The Commission shall include the consumer 
        education materials developed under paragraph (1) on its 
        website.
    (c) GAO Report on Combating the Fraudulent Provision of Misleading 
or Inaccurate Caller Identification Information.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study of the actions the Commission and 
        the Federal Trade Commission have taken to combat the 
        fraudulent provision of misleading or inaccurate caller 
        identification information, and the additional measures that 
        could be taken to combat such activity.
            (2) Required considerations.--In conducting the study under 
        paragraph (1), the Comptroller General shall examine--
                    (A) trends in the types of scams that rely on 
                misleading or inaccurate caller identification 
                information;
                    (B) previous and current enforcement actions by the 
                Commission and the Federal Trade Commission to combat 
                the practices prohibited by section 227(e)(1) of the 
                Communications Act of 1934 (47 U.S.C. 227(e)(1));
                    (C) current efforts by industry groups and other 
                entities to develop technical standards to deter or 
                prevent the fraudulent provision of misleading or 
                inaccurate caller identification information, and how 
                such standards may help combat the current and future 
                provision of misleading or inaccurate caller 
                identification information; and
                    (D) whether there are additional actions the 
                Commission, the Federal Trade Commission, and Congress 
                should take to combat the fraudulent provision of 
                misleading or inaccurate caller identification 
                information.
            (3) Report.--Not later than 18 months after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the findings of the 
        study under paragraph (1), including any recommendations 
        regarding combating the fraudulent provision of misleading or 
        inaccurate caller identification information.
    (d) Rule of Construction.--Nothing in this section, or the 
amendments made by this section, shall be construed to modify, limit, 
or otherwise affect any rule or order adopted by the Commission in 
connection with--
            (1) the Telephone Consumer Protection Act of 1991 (Public 
        Law 102-243; 105 Stat. 2394) or the amendments made by that 
        Act; or
            (2) the CAN-SPAM Act of 2003 (15 U.S.C. 7701 et seq.).

SEC. 504. REPORT ON PROMOTING BROADBAND INTERNET ACCESS SERVICE FOR 
              VETERANS.

    (a) Veteran Defined.--In this section, the term ``veteran'' has the 
meaning given the term in section 101 of title 38, United States Code.
    (b) Report Required.--Not later than 1 year after the date of the 
enactment of this Act, the Commission shall submit to Congress a report 
on promoting broadband Internet access service for veterans, in 
particular low-income veterans and veterans residing in rural areas. In 
such report, the Commission shall--
            (1) examine such access and how to promote such access; and
            (2) provide findings and recommendations for Congress with 
        respect to such access and how to promote such access.
    (c) Public Notice and Opportunity To Comment.--In preparing the 
report required by subsection (b), the Commission shall provide the 
public with notice and an opportunity to comment on broadband Internet 
access service for veterans, in particular low-income veterans and 
veterans residing in rural areas, and how to promote such access.

SEC. 505. METHODOLOGY FOR COLLECTION OF MOBILE SERVICE COVERAGE DATA.

    (a) Definitions.--In this section--
            (1) the term ``commercial mobile data service'' has the 
        meaning given the term in section 6001 of the Middle Class Tax 
        Relief and Job Creation Act of 2012 (47 U.S.C. 1401);
            (2) the term ``commercial mobile service'' has the meaning 
        given the term in section 332(d) of the Communications Act of 
        1934 (47 U.S.C. 332(d));
            (3) the term ``coverage data'' means, if commercial mobile 
        service or commercial mobile data service is available, general 
        information about the service, which may include available 
        speed tiers, radio frequency signal levels, and network and 
        performance characteristics; and
            (4) the term ``Universal Service program'' means the 
        universal service support mechanisms established under section 
        254 of the Communications Act of 1934 (47 U.S.C. 254) and the 
        regulations issued under that section.
    (b) Methodology Established.--Not later than 180 days after the 
conclusion of the Mobility Fund Phase II Auction, the Commission shall 
promulgate regulations to establish a methodology that shall apply to 
the collection of coverage data by the Commission for the purposes of--
            (1) the Universal Service program; or
            (2) any other similar program.
    (c) Requirements.--The methodology established under subsection (b) 
shall--
            (1) contain standard definitions for different available 
        technologies such as 2G, 3G, 4G, and 4G LTE;
            (2) enhance the consistency and robustness of how the data 
        are collected by different parties;
            (3) improve the validity and reliability of coverage data; 
        and
            (4) increase the efficiency of coverage data collection.

SEC. 506. ACCURACY OF DISPATCHABLE LOCATION FOR 9-1-1 CALLS.

    (a) Proceeding Required.--Not later than 18 months after the date 
of the enactment of this Act, the Commission shall conclude a 
proceeding to consider adopting rules to ensure that the dispatchable 
location is conveyed with a 9-1-1 call, regardless of the technological 
platform used and including with calls from multi-line telephone 
systems (as defined in section 6502 of the Middle Class Tax Relief and 
Job Creation Act of 2012 (47 U.S.C. 1471)).
    (b) Relationship to Other Proceedings.--In conducting the 
proceeding required by subsection (a), the Commission may consider 
information and conclusions from other Commission proceedings regarding 
the accuracy of the dispatchable location for a 9-1-1 call, but nothing 
in this section shall be construed to require the Commission to 
reconsider any information or conclusion from a proceeding regarding 
the accuracy of the dispatchable location for a 9-1-1 call in which the 
Commission has adopted rules or issued an order before the date of the 
enactment of this Act.
    (c) Definitions.--In this section:
            (1) 9-1-1 call.--The term ``9-1-1 call'' means a voice call 
        that is placed, or a message that is sent by other means of 
        communication, to a public safety answering point (as defined 
        in section 222 of the Communications Act of 1934 (47 U.S.C. 
        222)) for the purpose of requesting emergency services.
            (2) Dispatchable location.--The term ``dispatchable 
        location'' means the street address of the calling party, and 
        additional information such as room number, floor number, or 
        similar information necessary to adequately identify the 
        location of the calling party.

SEC. 507. NTIA STUDY ON INTERAGENCY PROCESS FOLLOWING CYBERSECURITY 
              INCIDENTS.

    (a) In General.--The Assistant Secretary of Commerce for 
Communications and Information shall complete a study on how the 
National Telecommunications and Information Administration can best 
coordinate the interagency process following cybersecurity incidents.
    (b) Report to Congress.--Not later than 18 months after the date of 
the enactment of this Act, the Assistant Secretary shall submit to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report detailing the findings and recommendations of the study 
conducted under subsection (a).

SEC. 508. TRIBAL DIGITAL ACCESS.

    (a) Tribal Broadband Data Report.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Commission shall submit to the 
        Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report evaluating broadband 
        coverage in Indian country (as defined in section 1151 of title 
        18, United States Code) and on land held by a Native 
        Corporation pursuant to the Alaska Native Claims Settlement 
        Act.
            (2) Required assessments.--The report required by paragraph 
        (1) shall include the following:
                    (A) An assessment of areas of Indian country (as so 
                defined) and land held by a Native Corporation pursuant 
                to the Alaska Native Claims Settlement Act that have 
                adequate broadband coverage.
                    (B) An assessment of unserved areas of Indian 
                country (as so defined) and land held by a Native 
                Corporation pursuant to the Alaska Native Claims 
                Settlement Act.
    (b) Tribal Broadband Proceeding.--Not later than 30 months after 
the date of the enactment of this Act, the Commission shall complete a 
proceeding to address the unserved areas identified in the report under 
subsection (a).

SEC. 509. TERMS OF OFFICE AND VACANCIES.

    Section 4(c) of the Communications Act of 1934 (47 U.S.C. 154(c)) 
is amended to read as follows:
    ``(c)(1) A commissioner--
            ``(A) shall be appointed for a term of 5 years;
            ``(B) except as provided in subparagraph (C), may continue 
        to serve after the expiration of the fixed term of office of 
        the commissioner until a successor is appointed and has been 
        confirmed and taken the oath of office; and
            ``(C) may not continue to serve after the expiration of the 
        session of Congress that begins after the expiration of the 
        fixed term of office of the commissioner.
    ``(2) Any person chosen to fill a vacancy in the Commission--
            ``(A) shall be appointed for the unexpired term of the 
        commissioner that the person succeeds;
            ``(B) except as provided in subparagraph (C), may continue 
        to serve after the expiration of the fixed term of office of 
        the commissioner that the person succeeds until a successor is 
        appointed and has been confirmed and taken the oath of office; 
        and
            ``(C) may not continue to serve after the expiration of the 
        session of Congress that begins after the expiration of the 
        fixed term of office of the commissioner that the person 
        succeeds.
    ``(3) No vacancy in the Commission shall impair the right of the 
remaining commissioners to exercise all the powers of the 
Commission.''.

SEC. 510. SUBMISSION OF COPY OF CERTAIN DOCUMENTS TO CONGRESS.

    Section 4 of the Communications Act of 1934, as amended by section 
402(h), is further amended by adding at the end the following:
    ``(o) Budget Estimates and Requests; Legislative Recommendations, 
Testimony, and Comments on Legislation; Semiannual Reports.--
            ``(1) Budget estimates and requests.--If the Commission 
        submits any budget estimate or request to the President or the 
        Office of Management and Budget, the Commission shall 
        concurrently transmit a copy of that estimate or request to 
        Congress.
            ``(2) Legislative recommendations, testimony, and comments 
        on legislation.--
                    ``(A) In general.--If the Commission submits any 
                legislative recommendations, testimony, or comments on 
                legislation to the President or the Office of 
                Management and Budget, the Commission shall 
                concurrently transmit a copy thereof to Congress.
                    ``(B) Prohibition.--No officer or agency of the 
                United States may require the Commission to submit 
                legislative recommendations, testimony, or comments on 
                legislation to any officer or agency of the United 
                States for approval, comments, or review prior to the 
                submission of the recommendations, testimony, or 
                comments to Congress.
            ``(3) Office of inspector general semiannual reports.--
                    ``(A) In general.--Notwithstanding section 5(b) of 
                the Inspector General Act of 1978 (5 U.S.C. App.), the 
                Inspector General of the Commission shall concurrently 
                submit each semiannual report required under such 
                section 5(b) to the Commission and to the appropriate 
                committees or subcommittees of Congress.
                    ``(B) Rule of construction.--Nothing in 
                subparagraph (A) shall be construed to modify the 
                requirement for the Commission to submit to the 
                appropriate committees or subcommittees of Congress 
                each such semiannual report together with a report by 
                the Commission under such section 5(b).''.

SEC. 511. JOINT BOARD RECOMMENDATION.

    The Commission may not modify, amend, or change its rules or 
regulations for universal service support payments to implement the 
February 27, 2004, recommendations of the Federal-State Joint Board on 
Universal Service regarding single connection or primary line 
restrictions on universal service support payments.

SEC. 512. DISCLAIMER FOR PRESS RELEASES REGARDING NOTICES OF APPARENT 
              LIABILITY.

    The Commission shall include in any press release regarding the 
issuance of a notice of apparent liability under section 503(b)(4) of 
the Communications Act of 1934 (47 U.S.C. 503(b)(4)) a disclaimer 
informing consumers that--
            (1) the issuance of a notice of apparent liability should 
        be treated only as allegations; and
            (2) the amount of any forfeiture penalty proposed in a 
        notice of apparent liability represents the maximum penalty 
        that the Commission may impose for the violations alleged in 
        the notice of apparent liability.

SEC. 513. REPORTS RELATED TO SPECTRUM AUCTIONS.

    (a) Estimate of Upcoming Auctions.--Section 309(j) of the 
Communications Act of 1934 (47 U.S.C. 309(j)) is amended by adding at 
the end the following:
            ``(18) Estimate of upcoming auctions.--
                    ``(A) Not later than September 30, 2018, and 
                annually thereafter, the Commission shall make publicly 
                available an estimate of what systems of competitive 
                bidding authorized under this subsection may be 
                initiated during the upcoming 12-month period.
                    ``(B) The estimate under subparagraph (A) shall, to 
                the extent possible, identify the bands of frequencies 
                the Commission expects to be included in each such 
                system of competitive bidding.''.
    (b) Auction Expenditure Justification Report.--Not later than April 
1, 2019, and annually thereafter, the Commission shall provide to the 
appropriate committees of Congress a report containing a detailed 
justification for the use of proceeds retained by the Commission under 
section 309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C. 
309(j)(8)(B)) for the costs of developing and implementing the program 
required by section 309(j) of that Act.
    (c) Definition.--For purposes of this section, the term 
``appropriate committees of Congress'' means--
            (1) the Committee on Commerce, Science, and Transportation 
        of the Senate;
            (2) the Committee on Appropriations of the Senate;
            (3) the Committee on Energy and Commerce of the House of 
        Representatives; and
            (4) the Committee on Appropriations of the House of 
        Representatives.

                      TITLE VI--VIEWER PROTECTION

SEC. 601. RESERVE SOURCE FOR PAYMENT OF TV BROADCASTER RELOCATION 
              COSTS.

    (a) Establishment of Fund.--There is established in the Treasury of 
the United States a fund to be known as the Broadcast Repack Fund.
    (b) Availability of Funds.--
            (1) In general.--If the Commission makes the certification 
        described in paragraph (2), amounts in the Broadcast Repack 
        Fund shall be available to the Commission to make 
        reimbursements pursuant to subsection (b)(4)(A)(i) or 
        (b)(4)(A)(ii) of section 6403 of the Middle Class Tax Relief 
        and Job Creation Act of 2012 (47 U.S.C. 1452).
            (2) Certification.--The certification described in this 
        paragraph is a certification from the Commission to the 
        Secretary of the Treasury that the funds available in the TV 
        Broadcaster Relocation Fund established under subsection (d) of 
        such section are likely to be insufficient to reimburse 
        reasonably incurred costs described in subsection (b)(4)(A)(i) 
        or (b)(4)(A)(ii) of such section.
            (3) Availability for payments after april 13, 2020.--
        Notwithstanding subsection (b)(4)(D) of such section, the 
        Commission may make payments pursuant to subsection 
        (b)(4)(A)(i) or (b)(4)(A)(ii) of such section from the 
        Broadcast Repack Fund after April 13, 2020, if, before making 
        any such payments after such date, the Commission submits to 
        Congress a certification that such payments are necessary to 
        reimburse reasonably incurred costs described in such 
        subsection.
    (c) Unused Funds Rescinded and Deposited Into the General Fund of 
the Treasury.--
            (1) Rescission and deposit.--If any unobligated amounts 
        remain in the Broadcast Repack Fund after the date described in 
        paragraph (2), such amounts shall be rescinded and deposited 
        into the general fund of the Treasury, where such amounts shall 
        be dedicated for the sole purpose of deficit reduction.
            (2) Date described.--The date described in this paragraph 
        is the earlier of--
                    (A) the date of a certification by the Commission 
                under paragraph (3) that all reimbursements pursuant to 
                subsections (b)(4)(A)(i) and (b)(4)(A)(ii) of such 
                section 6403 have been made; or
                    (B) July 3, 2022.
            (3) Certification.--If all reimbursements pursuant to 
        subsections (b)(4)(A)(i) and (b)(4)(A)(ii) of such section 6403 
        have been made before July 3, 2022, the Commission shall submit 
        to the Secretary of the Treasury a certification that all such 
        reimbursements have been made.
    (d) Administrative Costs.--The amount of auction proceeds that the 
salaries and expenses account of the Commission is required to retain 
under section 309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C. 
309(j)(8)(B)), including from the proceeds of the forward auction under 
section 6403 of the Middle Class Tax Relief and Job Creation Act of 
2012 (47 U.S.C. 1452), shall be sufficient to cover the administrative 
costs incurred by the Commission in making any reimbursements out of 
the Broadcast Repack Fund.

SEC. 602. PAYMENT OF RELOCATION COSTS OF TELEVISION TRANSLATOR STATIONS 
              AND LOW POWER TELEVISION STATIONS.

    (a) Payment Required.--
            (1) In general.--From amounts made available under 
        subsection (b)(2), the Commission shall reimburse costs 
        reasonably incurred by a television translator station or low 
        power television station on or after January 1, 2017, in order 
        for such station to relocate its television service from one 
        channel to another channel or otherwise modify its facility as 
        a result of the reorganization of broadcast television spectrum 
        under subsection (b) of section 6403 of the Middle Class Tax 
        Relief and Job Creation Act of 2012 (47 U.S.C. 1452). Only 
        stations that are eligible to file and do file an application 
        in the Commission's Special Displacement Window are eligible to 
        seek reimbursement under this paragraph.
            (2) Limitation.--The Commission may not make reimbursements 
        under paragraph (1) for lost revenues.
            (3) Duplicative payments prohibited.--In the case of a low 
        power television station that has been accorded primary status 
        as a Class A television licensee under section 73.6001(a) of 
        title 47, Code of Federal Regulations--
                    (A) if the licensee of such station has received 
                reimbursement with respect to such station under 
                subsection (b)(4)(A)(i) of such section 6403 (including 
                from amounts made available under section 601 of this 
                title), or from any other source, such station may not 
                receive reimbursement under paragraph (1); and
                    (B) if such station has received reimbursement 
                under paragraph (1), the licensee of such station may 
                not receive reimbursement with respect to such station 
                under subsection (b)(4)(A)(i) of such section 6403.
            (4) Additional limitation.--The Commission may not make 
        reimbursement under paragraph (1) for costs incurred to resolve 
        mutually exclusive applications, including costs incurred in 
        any auction of available channels.
    (b) Funding.--
            (1) Establishment of fund.--There is established in the 
        Treasury of the United States a fund to be known as the 
        Translator and Low Power Station Relocation Fund.
            (2) Availability of funds.--
                    (A) In general.--Amounts in the Translator and Low 
                Power Station Relocation Fund shall be available to the 
                Commission to make payments required by subsection 
                (a)(1).
                    (B) Availability after april 13, 2020.--Amounts in 
                the Translator and Low Power Station Relocation Fund 
                shall not be available to the Commission to make 
                payments required by subsection (a)(1) after April 13, 
                2020, unless, before making any such payments after 
                such date, the Commission submits to Congress a 
                certification that such payments are necessary to 
                reimburse costs reasonably incurred by a television 
                translator station or low power television station on 
                or after January 1, 2017, in order for such station to 
                relocate its television service from one channel to 
                another channel or otherwise modify its facility as a 
                result of the reorganization of broadcast television 
                spectrum under subsection (b) of section 6403 of the 
                Middle Class Tax Relief and Job Creation Act of 2012 
                (47 U.S.C. 1452).
            (3) Unused funds rescinded and deposited into the general 
        fund of the treasury.--
                    (A) Rescission and deposit.--If any unobligated 
                amounts remain in the Translator and Low Power Station 
                Relocation Fund after the date described in 
                subparagraph (B), such amounts shall be rescinded and 
                deposited into the general fund of the Treasury, where 
                such amounts shall be dedicated for the sole purpose of 
                deficit reduction.
                    (B) Date described.--The date described in this 
                subparagraph is the earlier of--
                            (i) the date of a certification by the 
                        Commission under subparagraph (C) that all 
                        reimbursements pursuant to subsection (a)(1) 
                        have been made; or
                            (ii) July 3, 2023.
                    (C) Certification.--If all reimbursements pursuant 
                to subsection (a)(1) have been made before July 3, 
                2023, the Commission shall submit to the Secretary of 
                the Treasury a certification that all such 
                reimbursements have been made.
    (c) Administrative Costs.--The amount of auction proceeds that the 
salaries and expenses account of the Commission is required to retain 
under section 309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C. 
309(j)(8)(B)), including from the proceeds of the forward auction under 
section 6403 of the Middle Class Tax Relief and Job Creation Act of 
2012 (47 U.S.C. 1452), shall be sufficient to cover the administrative 
costs incurred by the Commission in making any reimbursements out of 
the Translator and Low Power Station Relocation Fund.
    (d) Definitions.--In this section:
            (1) Low power television station.--The term ``low power 
        television station'' means a low power TV station (as defined 
        in section 74.701 of title 47, Code of Federal Regulations) 
        that was licensed and transmitting for at least 9 of the 12 
        months prior to April 13, 2017. For purposes of the preceding 
        sentence, the operation of analog and digital companion 
        facilities may be combined.
            (2) Television translator station.--The term ``television 
        translator station'' means a television broadcast translator 
        station (as defined in section 74.701 of title 47, Code of 
        Federal Regulations) that was licensed and transmitting for at 
        least 9 of the 12 months prior to April 13, 2017. For purposes 
        of the preceding sentence, the operation of analog and digital 
        companion facilities may be combined.

SEC. 603. PAYMENT OF RELOCATION COSTS OF FM BROADCAST STATIONS.

    (a) Payment Required.--
            (1) In general.--From amounts made available under 
        subsection (b)(2), the Commission shall reimburse costs 
        reasonably incurred by an FM broadcast station for facilities 
        necessary for such station to reasonably minimize disruption of 
        service as a result of the reorganization of broadcast 
        television spectrum under subsection (b) of section 6403 of the 
        Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 
        1452).
            (2) Limitation.--The Commission may not make reimbursements 
        under paragraph (1) for lost revenues.
            (3) Duplicative payments prohibited.--If an FM broadcast 
        station has received a payment for interim facilities from the 
        licensee of a television broadcast station that was reimbursed 
        for such payment under subsection (b)(4)(A)(i) of such section 
        6403 (including from amounts made available under section 601 
        of this title), or from any other source, such FM broadcast 
        station may not receive any reimbursements under paragraph (1).
    (b) Funding.--
            (1) Establishment of fund.--There is established in the 
        Treasury of the United States a fund to be known as the FM 
        Broadcast Station Relocation Fund.
            (2) Availability of funds.--
                    (A) In general.--Amounts in the FM Broadcast 
                Station Relocation Fund shall be available to the 
                Commission to make payments required by subsection 
                (a)(1).
                    (B) Availability after april 13, 2020.--Amounts in 
                the FM Broadcast Station Relocation Fund shall not be 
                available to the Commission to make payments required 
                by subsection (a)(1) after April 13, 2020, unless, 
                before making any such payments after such date, the 
                Commission submits to Congress a certification that 
                such payments are necessary to reimburse costs 
                reasonably incurred by an FM broadcast station for 
                facilities necessary for such station to reasonably 
                minimize disruption of service as a result of the 
                reorganization of broadcast television spectrum under 
                subsection (b) of section 6403 of the Middle Class Tax 
                Relief and Job Creation Act of 2012 (47 U.S.C. 1452).
            (3) Unused funds rescinded and deposited into the general 
        fund of the treasury.--
                    (A) Rescission and deposit.--If any unobligated 
                amounts remain in the FM Broadcast Station Relocation 
                Fund after the date described in subparagraph (B), such 
                amounts shall be rescinded and deposited into the 
                general fund of the Treasury, where such amounts shall 
                be dedicated for the sole purpose of deficit reduction.
                    (B) Date described.--The date described in this 
                subparagraph is the earlier of--
                            (i) the date of a certification by the 
                        Commission under subparagraph (C) that all 
                        reimbursements pursuant to subsection (a)(1) 
                        have been made; or
                            (ii) July 3, 2022.
                    (C) Certification.--If all reimbursements pursuant 
                to subsection (a)(1) have been made before July 3, 
                2022, the Commission shall submit to the Secretary of 
                the Treasury a certification that all such 
                reimbursements have been made.
    (c) Administrative Costs.--The amount of auction proceeds that the 
salaries and expenses account of the Commission is required to retain 
under section 309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C. 
309(j)(8)(B)), including from the proceeds of the forward auction under 
section 6403 of the Middle Class Tax Relief and Job Creation Act of 
2012 (47 U.S.C. 1452), shall be sufficient to cover the administrative 
costs incurred by the Commission in making any reimbursements out of 
the FM Broadcast Station Relocation Fund.
    (d) FM Broadcast Station Defined.--In this section, the term ``FM 
broadcast station'' has the meaning given such term in section 73.310 
of title 47, Code of Federal Regulations, and, for an FM translator, 
has the meaning given the term ``FM translator'' in section 74.1201 of 
such title.

SEC. 604. CONSUMER EDUCATION PAYMENT.

    (a) Establishment of Fund.--There is established in the Treasury of 
the United States a fund to be known as the Broadcast Station 
Relocation Consumer Education Fund.
    (b) Availability of Funds.--Amounts in the Broadcast Station 
Relocation Consumer Education Fund shall be available to the Commission 
to make payments solely for the purposes of consumer education relating 
to the reorganization of broadcast television spectrum under subsection 
(b) of section 6403 of the Middle Class Tax Relief and Job Creation Act 
of 2012 (47 U.S.C. 1452).
    (c) Administrative Costs.--The amount of auction proceeds that the 
salaries and expenses account of the Commission is required to retain 
under section 309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C. 
309(j)(8)(B)), including from the proceeds of the forward auction under 
section 6403 of the Middle Class Tax Relief and Job Creation Act of 
2012 (47 U.S.C. 1452), shall be sufficient to cover the administrative 
costs incurred by the Commission in making any payments out of the 
Broadcast Station Relocation Consumer Education Fund.

SEC. 605. IMPLEMENTATION AND ENFORCEMENT.

    The Commission shall implement and enforce this title as if this 
title is a part of the Communications Act of 1934 (47 U.S.C. 151 et 
seq.). A violation of this title, or a regulation promulgated under 
this title, shall be considered to be a violation of the Communications 
Act of 1934, or a regulation promulgated under such Act, respectively.

SEC. 606. RULE OF CONSTRUCTION.

    Nothing in this title shall alter the final transition phase 
completion date established by the Commission for full power and Class 
A television stations.

                         TITLE VII--MOBILE NOW

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Making Opportunities for Broadband 
Investment and Limiting Excessive and Needless Obstacles to Wireless 
Act'' or the ``MOBILE NOW Act''.

SEC. 702. DEFINITIONS.

    In this title:
            (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. 703. IDENTIFYING 255 MEGAHERTZ.

    (a) Requirements.--
            (1) In general.--Not later than December 31, 2022, the 
        Secretary, working through the NTIA, and the Commission shall 
        identify a total of at least 255 megahertz of Federal and non-
        Federal spectrum for mobile and fixed wireless broadband use.
            (2) Unlicensed and licensed use.--Of the spectrum 
        identified under paragraph (1), not less than--
                    (A) 100 megahertz below the frequency of 8000 
                megahertz shall be identified for use on an unlicensed 
                basis;
                    (B) 100 megahertz below the frequency of 6000 
                megahertz shall be identified for use on an exclusive, 
                licensed basis for commercial mobile use, pursuant to 
                the Commission's authority to implement such licensing 
                in a flexible manner, and subject to potential 
                continued use of such spectrum by incumbent Federal 
                entities in designated geographic areas indefinitely or 
                for such length of time stipulated in transition plans 
                approved by the Technical Panel under section 113(h) of 
                the National Telecommunications and Information 
                Administration Organization Act (47 U.S.C. 923(h)) for 
                those incumbent entities to be relocated to alternate 
                spectrum; and
                    (C) 55 megahertz below the frequency of 8000 
                megahertz shall be identified for use on either a 
                licensed or unlicensed basis, or a combination of 
                licensed and unlicensed.
            (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) Treatment of certain other spectrum.--Spectrum 
        identified pursuant to this section may include eligible 
        spectrum, if any, identified after the date of enactment of 
        this Act pursuant to title X of the Bipartisan Budget Act of 
        2015 (Public Law 114-74).
            (5) Spectrum made available on and after february 11, 
        2016.--Any spectrum that has been made available for licensed 
        or unlicensed use on and after February 11, 2016, and that 
        otherwise satisfies the requirements of this section may be 
        counted towards the requirements of this subsection.
            (6) 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)).
            (7) Considerations.--In identifying spectrum for use under 
        this section, the Secretary, working through the NTIA, 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. 704. MILLIMETER WAVE SPECTRUM.

    (a) FCC Proceeding.--Not later than 2 years after the date of 
enactment of this Act, the Commission 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 radio frequency band between 42000 and 42500 
megahertz.
    (b) Considerations.--In conducting a rulemaking under subsection 
(a), the Commission shall--
            (1) consider how the band described in subsection (a) 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 band on a shared basis; and
            (2) include technical characteristics under which the band 
        described in subsection (a) may be employed for mobile or fixed 
        terrestrial wireless operations, including any appropriate 
        coexistence requirements.
    (c) Spectrum Made Available on and After February 11, 2016.--Any 
spectrum that has been made available for licensed or unlicensed use on 
or after February 11, 2016, and that otherwise satisfies the 
requirements of section 703 may be counted towards the requirements of 
section 703(a).

SEC. 705. 3 GIGAHERTZ SPECTRUM.

    (a) Between 3100 Megahertz and 3550 Megahertz.--Not later than 24 
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, working through the NTIA, 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, 
working through the NTIA, 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 use or share use of the frequencies between 3700 
megahertz and 4200 megahertz.
    (c) Requirements.--A report under subsection (a) or (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 report as feasible pursuant to subsection (c)(4).

SEC. 706. BROADBAND INFRASTRUCTURE DEPLOYMENT.

    (a) 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, underground, 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 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.
    (b) Broadband Infrastructure Deployment.--To facilitate the 
installation of broadband infrastructure, the Secretary of 
Transportation shall promulgate regulations to ensure that each State 
that receives funds under chapter 1 of title 23, United States Code, 
meets the following requirements:
            (1) Broadband consultation.--The State department of 
        transportation, in consultation with appropriate State 
        agencies, shall--
                    (A) identify a broadband utility coordinator, that 
                may have additional responsibilities, whether in the 
                State department of transportation or in another State 
                agency, that is responsible for facilitating the 
                broadband infrastructure right-of-way efforts within 
                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 
                facilitation efforts within the State;
                    (C) establish a process to electronically notify 
                broadband infrastructure entities identified under 
                subparagraph (B) of the State transportation 
                improvement program on an annual basis and provide 
                additional notifications as necessary to achieve the 
                goals of this section; and
                    (D) coordinate initiatives carried out under this 
                section with other statewide telecommunication and 
                broadband plans and State and local transportation and 
                land use plans, including strategies to minimize 
                repeated excavations that involve the installation of 
                broadband infrastructure in a right-of-way.
            (2) Priority.--If a State chooses to provide for the 
        installation of broadband infrastructure in the right-of-way of 
        an applicable Federal-aid highway project 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.
    (c) Effect of Section.--This section applies only to activities for 
which Federal obligations or expenditures are initially approved on or 
after the date regulations under subsection (b) become effective. 
Nothing in this section establishes a mandate or requirement that a 
State install or allow the installation of broadband infrastructure in 
a highway right-of-way. Nothing in this section authorizes the 
Secretary of Transportation to withhold or reserve funds or approval of 
a project under title 23, United States Code.

SEC. 707. REALLOCATION INCENTIVES.

    (a) In General.--Not later than 24 months after the date of 
enactment of this Act, the Assistant Secretary of Commerce for 
Communications and Information, 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 Assistant Secretary of Commerce for Communications and 
        Information 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 Assistant Secretary of Commerce for Communications 
        and Information 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. 708. BIDIRECTIONAL SHARING STUDY.

    (a) In General.--Not later than 18 months 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. 709. UNLICENSED SERVICES IN GUARD BANDS.

    (a) In General.--After public notice and comment, and in 
consultation with the Assistant Secretary of Commerce for 
Communications and Information 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.
    (c) Rule of Construction.--Nothing in this section shall be 
construed as limiting the Commission or the Assistant Secretary of 
Commerce for Communications and Information from otherwise making 
spectrum available for licensed or unlicensed use in any frequency band 
in addition to guard bands, including under section 703, consistent 
with their statutory jurisdictions.

SEC. 710. 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. 711. GAO ASSESSMENT OF UNLICENSED SPECTRUM AND WI-FI USE IN LOW-
              INCOME NEIGHBORHOODS.

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

SEC. 712. 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. 713. 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 to address 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 made available on an unlicensed basis radio frequency bands 
to address demand for unlicensed wireless broadband operations if doing 
so is, after taking into account the future needs of homeland security, 
national security, and other spectrum users--
            (1) reasonable; and
            (2) in the public interest.
    (c) Rule of Construction.--Nothing in this section confers any 
additional rights on unlicensed users or users licensed by rule under 
part 96 of title 47, Code of Federal Regulations, to protection from 
harmful interference.

SEC. 714. 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 or licensed by rule operations.--The term 
        ``unlicensed or licensed by rule 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 18 months 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 or licensed by rule 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 or licensed 
        by rule operations in a range of radio frequencies to meet 
        consumer demand;
            (2) recommend specific actions by the Commission and the 
        NTIA to permit unlicensed or licensed by rule operations in 
        additional radio frequency ranges that the Commission finds--
                    (A) are consistent with the statement of policy 
                under section 713(a);
                    (B) will--
                            (i) expand opportunities for unlicensed or 
                        licensed by rule operations in a spectrum band; 
                        or
                            (ii) otherwise improve spectrum utilization 
                        and intensity of use of bands where unlicensed 
                        or licensed by rule 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 
        or licensed by rule 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 an appendix as 
part of the plan developed under this section, the NTIA, in 
consultation with the Director of the Office of Management and Budget, 
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 or licensed by rule operations; and
            (2) to ensure the Spectrum Relocation Fund has sufficient 
        funds to cover--
                    (A) the costs described in paragraph (1); and
                    (B) other expenditures allowed of the Spectrum 
                Relocation Fund under section 118 of the National 
                Telecommunications and Information Administration 
                Organization Act (47 U.S.C. 928).
    (e) Report Required.--
            (1) In general.--Not later than 18 months 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.
    (f) Rule of Construction.--Nothing in this section confers any 
additional rights on unlicensed users or users licensed by rule under 
part 96 of title 47, Code of Federal Regulations, to protection from 
harmful interference.

SEC. 715. SPECTRUM CHALLENGE PRIZE.

    (a) Short Title.--This section may be cited as the ``Spectrum 
Challenge Prize Act''.
    (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. 716. WIRELESS TELECOMMUNICATIONS TAX AND FEE COLLECTION FAIRNESS.

    (a) Short Title.--This section may be cited as the ``Wireless 
Telecommunications Tax and Fee Collection Fairness Act''.
    (b) 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.
    (c) Financial Transaction Requirement.--
            (1) In general.--A State, or a local jurisdiction of a 
        State, may not require a person who is neither a resident of 
        such State or local jurisdiction nor an entity having its 
        principal place of business in such State or local jurisdiction 
        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.
            (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.
    (d) Enforcement.--
            (1) Private right of action.--Any person aggrieved by a 
        violation of subsection (c) 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 (c).

SEC. 717. RULES OF CONSTRUCTION.

    (a) Ranges of Frequencies.--Each range of frequencies described in 
this title shall be construed to be inclusive of the upper and lower 
frequencies in the range.
    (b) Assessment of Electromagnetic Spectrum Reallocation.--Nothing 
in this title 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. 718. RELATIONSHIP TO MIDDLE CLASS TAX RELIEF AND JOB CREATION ACT 
              OF 2012.

    Nothing in this title 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.).

SEC. 719. NO ADDITIONAL FUNDS AUTHORIZED.

    No additional funds are authorized to be appropriated to carry out 
this title, or the amendment made by this title. This title, and the 
amendment made by this title, shall be carried out using amounts 
otherwise authorized.

            Passed the House of Representatives March 6, 2018.

            Attest:

                                                                 Clerk.
115th CONGRESS

  2d Session

                               H. R. 4986

_______________________________________________________________________

                                 AN ACT

 To amend the Communications Act of 1934 to reauthorize appropriations 
   for the Federal Communications Commission, and for other purposes.