[Congressional Record Volume 163, Number 132 (Thursday, August 3, 2017)]
[Senate]
[Pages S4810-S4815]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 MAKING OPPORTUNITIES FOR BROADBAND INVESTMENT AND LIMITING EXCESSIVE 
                 AND NEEDLESS OBSTACLES TO WIRELESS ACT

  Mr. WICKER. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 17, S. 19.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 19) to provide opportunities for broadband 
     investment, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

     SEC. 2. DEFINITIONS.

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

     SEC. 3. MAKING 500 MEGAHERTZ AVAILABLE.

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

     SEC. 4. MILLIMETER WAVE SPECTRUM.

       (a) Feasibility Assessment.--Not later than 18 months after 
     the date of enactment of this Act, the NTIA, in consultation 
     with the Commission, shall conduct a feasibility assessment 
     regarding the impact, on Federal entities and operations in 
     any of the following bands, of authorizing mobile or fixed 
     terrestrial wireless operations, including for advanced 
     mobile service operations, in the following bands:
       (1) The band between 31800 and 33400 megahertz.
       (2) The band between 71000 and 76000 megahertz.
       (3) The band between 81000 and 86000 megahertz.
       (b) Requirements.--In conducting the feasibility assessment 
     under subsection (a), the NTIA shall--
       (1) consult directly with Federal entities with respect to 
     frequencies allocated to Federal use by such entities in the 
     bands identified in that subsection;
       (2) consider what, if any, impact authorizing mobile or 
     fixed terrestrial wireless operations, including advanced 
     mobile services operations, in any of such frequencies would 
     have on an affected Federal entity; and
       (3) identify any such frequencies in the bands described in 
     that subsection that the NTIA assessment determines are 
     feasible for authorizing for mobile or fixed terrestrial 
     wireless operations, including any advanced mobile service 
     operations.

[[Page S4811]]

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

     SEC. 5. 3 GIGAHERTZ SPECTRUM.

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

     SEC. 6. COMMUNICATIONS FACILITIES DEPLOYMENT ON FEDERAL 
                   PROPERTY.

       (a) In General.--Section 6409 of the Middle Class Tax 
     Relief and Job Creation Act of 2012 (47 U.S.C. 1455) is 
     amended by striking subsections (b), (c), and (d) and 
     inserting the following:
       ``(b) Federal Easements, Rights-of-Way, and Leases.--
       ``(1) Grant.--If an executive agency, a State, a political 
     subdivision or agency of a State, or a person, firm, or 
     organization applies for the grant of an easement, right-of-
     way, or lease to, in, over, or on a building or other 
     property owned by the Federal Government for the right to 
     install, construct, modify, or maintain a communications 
     facility installation, the executive agency having control of 
     the building or other property may grant to the applicant, on 
     behalf of the Federal Government, subject to paragraph (5), 
     an easement, right-of-way, or lease to perform such 
     installation, construction, modification, or maintenance.
       ``(2) Application.--
       ``(A) In general.--The Administrator of General Services 
     shall develop a common form for applications for easements, 
     rights-of-way, and leases under paragraph (1) for all 
     executive agencies that, except as provided in subparagraph 
     (B), shall be used by all executive agencies and applicants 
     with respect to the buildings or other property of each such 
     agency.
       ``(B) Exception.--The requirement under subparagraph (A) 
     for an executive agency to use the common form developed by 
     the Administrator of General Services shall not apply to an 
     executive agency if the head of an executive agency notifies 
     the Administrator that the executive agency uses a 
     substantially similar application.
       ``(3) Fee.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, the Administrator of General Services shall establish a 
     fee for the grant of an easement, right-of-way, or lease 
     pursuant to paragraph (1) that is based on direct cost 
     recovery.
       ``(B) Exceptions.--The Administrator of General Services 
     may establish exceptions to the fee amount required under 
     subparagraph (A)--
       ``(i) in consideration of the public benefit provided by a 
     grant of an easement, right-of-way, or lease; and
       ``(ii) in the interest of expanding wireless and broadband 
     coverage.
       ``(4) Use of fees collected.--Any fee amounts collected by 
     an executive agency pursuant to paragraph (3) may be made 
     available, as provided in appropriations Acts, to such agency 
     to cover the costs of granting the easement, right-of-way, or 
     lease.
       ``(5) Timely consideration of applications.--
       ``(A) In general.--Not later than 270 days after the date 
     on which an executive agency receives a duly filed 
     application for an easement, right-of-way, or lease under 
     this subsection, the executive agency shall--
       ``(i) grant or deny, on behalf of the Federal Government, 
     the application; and
       ``(ii) notify the applicant of the grant or denial.
       ``(B) Explanation of denial.--If an executive agency denies 
     an application under subparagraph (A), the executive agency 
     shall notify the applicant in writing, including a clear 
     statement of the reasons for the denial.
       ``(C) Applicability of environmental laws.--Nothing in this 
     paragraph shall be construed to relieve an executive agency 
     of the requirements of division A of subtitle III of title 
     54, United States Code, or the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.).
       ``(D) Point of contact.--Upon receiving an application 
     under subparagraph (A), an executive agency shall designate 
     one or more appropriate individuals within the executive 
     agency to act as a point of contact with the applicant.
       ``(c) Master Contracts for Communications Facility 
     Installation Sitings.--
       ``(1) In general.--Notwithstanding section 704 of the 
     Telecommunications Act of 1996 (Public Law 104-104; 110 Stat. 
     151) or any other provision of law, the Administrator of 
     General Services shall--
       ``(A) develop one or more master contracts that shall 
     govern the placement of communications facility installations 
     on buildings and other property owned by the Federal 
     Government; and
       ``(B) in developing the master contract or contracts, 
     standardize the treatment of the placement of communications 
     facility installations on building rooftops or facades, the 
     placement of communications facility installations on 
     rooftops or inside buildings, the technology used in 
     connection with communications facility installations placed 
     on Federal buildings and other property, and any other key 
     issues the Administrator of General Services considers 
     appropriate.
       ``(2) Applicability.--The master contract or contracts 
     developed by the Administrator of General Services under 
     paragraph (1) shall apply to all publicly accessible 
     buildings and other property owned by the Federal Government, 
     unless the Administrator of General Services decides that 
     issues with respect to the siting of a communications 
     facility installation on a specific building or other 
     property warrant nonstandard treatment of such building or 
     other property.
       ``(3) Application.--
       ``(A) In general.--The Administrator of General Services 
     shall develop a common form or set of forms for 
     communications facility installation siting applications 
     that, except as provided in subparagraph (B), shall be used 
     by all executive agencies and applicants with respect to the 
     buildings and other property of each such agency.
       ``(B) Exception.--The requirement under subparagraph (A) 
     for an executive agency to use the common form or set of 
     forms developed by the Administrator of General Services 
     shall not apply to an executive agency if the head of the 
     executive agency notifies the Administrator that the 
     executive agency uses a substantially similar application.
       ``(d) Definitions.--In this section:
       ``(1) Communications facility installation.--The term 
     `communications facility installation' includes--
       ``(A) any infrastructure, including any transmitting 
     device, tower, or support structure, and any equipment, 
     switches, wiring, cabling, power sources, shelters, or 
     cabinets, associated with the licensed or permitted 
     unlicensed wireless or wireline transmission of writings, 
     signs, signals, data, images, pictures, and sounds of all 
     kinds; and
       ``(B) any antenna or apparatus that--
       ``(i) is designed for the purpose of emitting radio 
     frequency;
       ``(ii) is designed to be operated, or is operating, from a 
     fixed location pursuant to authorization by the Commission or 
     is using duly authorized devices that do not require 
     individual licenses; and

[[Page S4812]]

       ``(iii) is added to a tower, building, or other structure.
       ``(2) Executive agency.--The term `executive agency' has 
     the meaning given such term in section 102 of title 40, 
     United States Code.''.
       (b) Savings Provision.--An application for an easement, 
     right-of-way, or lease that was made or granted under section 
     6409 of the Middle Class Tax Relief and Job Creation Act of 
     2012 (47 U.S.C. 1455) before the date of enactment of this 
     Act shall continue, subject to that section as in effect on 
     the day before such date of enactment.
       (c) Streamlining Broadband Facility Applications.--
       (1) Definition of communications facility installation.--In 
     this subsection, the term ``communications facility 
     installation'' has the meaning given the term in section 
     6409(d) of the Middle Class Tax Relief and Job Creation Act 
     of 2012 (47 U.S.C. 1455(d)), as amended by subsection (a).
       (2) Recommendations.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, the NTIA, in coordination with the 
     Department of the Interior, the Department of Agriculture, 
     the Department of Defense, the Department of Transportation, 
     OMB, and the General Services Administration, shall develop 
     recommendations to streamline the process for considering 
     applications by those agencies under section 6409(b) of the 
     Middle Class Tax Relief and Job Creation Act of 2012 (47 
     U.S.C. 1455(b)), as amended by subsection (a).
       (B) Requirements for recommendations.--The recommendations 
     developed under subparagraph (A) shall include--
       (i) procedures for the tracking of applications described 
     in subparagraph (A);
       (ii) methods by which to reduce the amount of time between 
     the receipt of an application and the issuance of a final 
     decision on an application;
       (iii) policies to expedite renewals of an easement, 
     license, or other authorization to locate communications 
     facility installations on land managed by the agencies 
     described in subparagraph (A); and
       (iv) policies that would prioritize or streamline a permit 
     for construction in a previously-disturbed right-of-way.
       (C) Report to congress.--Not later than 2 years after the 
     date on which the recommendations required under subparagraph 
     (A) are developed, the NTIA shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives a report that describes--
       (i) the status of the implementation of the recommendations 
     developed under subparagraph (A); and
       (ii) any improvements to the process for considering 
     applications described in subparagraph (A) that have resulted 
     from those recommendations, including in particular the speed 
     at which such applications are reviewed and a final 
     determination is issued.

     SEC. 7. BROADBAND INFRASTRUCTURE DEPLOYMENT.

       (a) Finding Regarding Federal and State Departments of 
     Transportation.--Congress finds that it is the policy of the 
     United States for the Department of Transportation and State 
     departments of transportation--
       (1) to adjust or otherwise develop right-of-way policies 
     for Federal-aid highways to effectively accommodate broadband 
     infrastructure;
       (2) to allow for the safe and efficient accommodation of 
     broadband infrastructure in the public right-of-way; and
       (3) to the extent applicable, to coordinate with other 
     statewide telecommunication and broadband plans when 
     developing a statewide transportation improvement program.
       (b) Definitions.--In this section:
       (1) Appropriate state agency.--The term ``appropriate State 
     agency'' means a State governmental agency that is recognized 
     by the executive branch of the State as having the experience 
     necessary to evaluate and carry out projects relating to the 
     proper and effective installation and operation of broadband 
     infrastructure.
       (2) Broadband infrastructure.--The term ``broadband 
     infrastructure'' means any buried, 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.
       (c) Broadband Infrastructure Deployment.--To facilitate the 
     installation of broadband infrastructure and achieve the 
     policy described in subsection (a), the Secretary of 
     Transportation shall ensure that each State that receives 
     funds under chapter 1 of title 23, United States Code, meets 
     the following requirements:
       (1) Broadband 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.
       (d) Effect of Section.--This section applies only to 
     activities for which obligations or expenditures are 
     initially approved on or after the date of enactment of this 
     Act. Nothing in this section establishes a mandate or 
     requirement that a State install broadband infrastructure in 
     a highway right-of-way.

     SEC. 8. NATIONAL BROADBAND FACILITIES ASSET DATABASE.

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

[[Page S4813]]

       (3) Subsequently acquired property.--If an Executive agency 
     acquires covered property after the date on which the 
     database is established under subsection (b), the head of the 
     Executive agency shall provide to the Director of the Office 
     of Science and Technology Policy the information required 
     under paragraph (1) with respect to the covered property not 
     later than 30 days after the date of the acquisition.
       (e) State and Local Governments.--
       (1) In general.--The Director of the Office of Science and 
     Technology Policy (referred to in this subsection as the 
     ``Director'') shall make the database available to State and 
     local governments so that such governments may provide to the 
     Director for inclusion in the database similar information to 
     the information required under subsection (d)(1) regarding 
     covered property owned, leased, or otherwise managed by such 
     governments.
       (2) Report on incentivizing participation by state and 
     local governments.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Director, in consultation with the 
     Chairman of the Commission, the Assistant Secretary of 
     Commerce for Communications and Information, the Under 
     Secretary of Commerce for Standards and Technology, the 
     Administrator of General Services, and the Director of OMB, 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report on 
     potential ways to incentivize State and local governments to 
     provide to the Director for inclusion in the database similar 
     information to the information required under subsection 
     (d)(1) regarding covered property owned, leased, or otherwise 
     managed by such governments pursuant to paragraph (1) of this 
     subsection or through other means.
       (B) Considerations.--The Director, in preparing the report 
     under subparagraph (A), shall--
       (i) consult with State and local governments, or their 
     representatives, to identify for inclusion in the report the 
     most cost-effective options for State and local governments 
     to collect and provide the information described in 
     subparagraph (A), including utilizing and leveraging State 
     broadband initiatives and programs; and
       (ii) make recommendations on ways the Federal Government 
     can assist State and local governments in collecting and 
     providing the information described in subparagraph (A).
       (C) Report update.--Not later than 2 years after the date 
     on which the database is established under this section, the 
     Director shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives an update to the 
     report required under subparagraph (A) that identifies State 
     and local governments that have contributed to the database 
     and recommends ways to further incentivize participation by 
     State and local governments pursuant to paragraph (1) of this 
     subsection or through other means.
       (f) Database Updates.--
       (1) Timely inclusion.--After the establishment of the 
     database, the Director of the Office of Science and 
     Technology Policy shall ensure that information provided 
     under subsection (d) or (e) is included in the database not 
     later than 7 days after the date on which the Director 
     receives the information.
       (2) Date of addition or update.--Information in the 
     database relating to covered property shall include the date 
     on which the information was added or most recently updated.
       (g) Report.--Not later than 180 days after the date the 
     Director of the Office of Science and Technology Policy seeks 
     public comment under subsection (c)(1), the Director shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report on the 
     progress in establishing the database under this section. The 
     Director shall update the report annually until the date that 
     the database is fully operational. After the database is 
     fully operational and for the next 5 years thereafter, the 
     Director shall provide annual reports regarding the use of 
     the database, recommendations of how the database may provide 
     additional utility to the entities described in subsection 
     (b)(2), if any recommendations are warranted, and how 
     previous recommendations have been implemented.

     SEC. 9. REALLOCATION INCENTIVES.

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

     SEC. 10. BIDIRECTIONAL SHARING STUDY.

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

     SEC. 11. UNLICENSED SERVICES IN GUARD BANDS.

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

     SEC. 12. PRE-AUCTION FUNDING.

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

     SEC. 13. IMMEDIATE TRANSFER OF FUNDS.

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

     SEC. 14. 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. 15. 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--

[[Page S4814]]

       (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. 16. 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. 17. UNLICENSED SPECTRUM POLICY.

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

     SEC. 18. NATIONAL PLAN FOR UNLICENSED SPECTRUM.

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

     SEC. 19. 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

[[Page S4815]]

     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. 20. 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 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. 21. RULES OF CONSTRUCTION.

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

     SEC. 22. RELATIONSHIP TO MIDDLE CLASS TAX RELIEF AND JOB 
                   CREATION ACT OF 2012.

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

  Mr. WICKER. Mr. President, I ask unanimous consent that the 
committee-reported substitute amendment be agreed to; the bill, as 
amended, be considered read a third time and passed, and the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
agreed to.
  The bill (S. 19), as amended, was ordered to be engrossed for a third 
reading, was read the third time, and passed.

                          ____________________