[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.
____________________