[Congressional Record Volume 164, Number 39 (Tuesday, March 6, 2018)]
[House]
[Pages H1398-H1414]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




REPACK AIRWAVES YIELDING BETTER ACCESS FOR USERS OF MODERN SERVICES ACT 
                                OF 2018

  Mr. WALDEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4986) to amend the Communications Act of 1934 to reauthorize 
appropriations for the Federal Communications Commission, to provide 
for certain procedural changes to the rules of the Commission to 
maximize opportunities for public participation and efficient 
decisionmaking, and for other purposes, as amended.

[[Page H1399]]

  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4986

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Commission defined.

                      TITLE I--FCC REAUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Application and regulatory fees.
Sec. 103. Effective date.

              TITLE II--APPLICATION OF ANTIDEFICIENCY ACT

Sec. 201. Application of Antideficiency Act to Universal Service 
              Program.

          TITLE III--SECURING ACCESS TO NETWORKS IN DISASTERS

Sec. 301. Study on network resiliency.
Sec. 302. Access to essential service providers during federally 
              declared emergencies.
Sec. 303. Definitions.

                  TITLE IV--FCC CONSOLIDATED REPORTING

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

                     TITLE V--ADDITIONAL PROVISIONS

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

                      TITLE VI--VIEWER PROTECTION

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

                         TITLE VII--MOBILE NOW

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

     SEC. 2. COMMISSION DEFINED.

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

                      TITLE I--FCC REAUTHORIZATION

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

     ``SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 102. APPLICATION AND REGULATORY FEES.

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

     ``SEC. 8. APPLICATION FEES.

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

     ``SEC. 9. REGULATORY FEES.

       ``(a) General Authority.--The Commission shall assess and 
     collect regulatory fees to recover the costs of carrying out 
     the activities described in section 6(a) only to the extent, 
     and in the total amounts, provided for in Appropriations 
     Acts.
       ``(b) Establishment of Schedule.--The Commission shall 
     assess and collect regulatory fees at such rates as the 
     Commission

[[Page H1400]]

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

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

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

     SEC. 103. EFFECTIVE DATE.

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

              TITLE II--APPLICATION OF ANTIDEFICIENCY ACT

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

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

          TITLE III--SECURING ACCESS TO NETWORKS IN DISASTERS

     SEC. 301. STUDY ON NETWORK RESILIENCY.

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

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

       Section 427(a) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5189e(a)) is 
     amended--
       (1) in paragraph (1)--

[[Page H1401]]

       (A) in subparagraph (A), by striking ``telecommunications 
     service'' and inserting ``wireline or mobile telephone 
     service, Internet access service, radio or television 
     broadcasting, cable service, or direct broadcast satellite 
     service'';
       (B) in subparagraph (E), by striking the semicolon and 
     inserting ``; or''; and
       (C) by redesignating subparagraphs (A) through (E) as 
     clauses (i) through (v), respectively; and
       (2) by striking ``(1) provides'' and inserting ``(1)(A) 
     provides''.

     SEC. 303. DEFINITIONS.

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

                  TITLE IV--FCC CONSOLIDATED REPORTING

     SEC. 401. COMMUNICATIONS MARKETPLACE REPORT.

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

     ``SEC. 13. COMMUNICATIONS MARKETPLACE REPORT.

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

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

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

     SEC. 403. EFFECT ON AUTHORITY.

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

     SEC. 404. OTHER REPORTS.

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

                     TITLE V--ADDITIONAL PROVISIONS

     SEC. 501. INDEPENDENT INSPECTOR GENERAL FOR FCC.

       (a) Amendments.--The Inspector General Act of 1978 (5 
     U.S.C. App.) is amended--
       (1) in section 8G(a)(2), by striking ``the Federal 
     Communications Commission,''; and
       (2) in section 12--

[[Page H1402]]

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

     SEC. 502. AUTHORITY OF CHIEF INFORMATION OFFICER.

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

     SEC. 503. SPOOFING PREVENTION.

       (a) Expanding and Clarifying Prohibition on Misleading or 
     Inaccurate Caller Identification Information.--
       (1) Communications from outside the united states.--Section 
     227(e)(1) of the Communications Act of 1934 (47 U.S.C. 
     227(e)(1)) is amended by striking ``in connection with any 
     telecommunications service or IP-enabled voice service'' and 
     inserting ``or any person outside the United States if the 
     recipient is within the United States, in connection with any 
     voice service or text messaging service''.
       (2) Coverage of text messages and voice services.--Section 
     227(e)(8) of the Communications Act of 1934 (47 U.S.C. 
     227(e)(8)) is amended--
       (A) in subparagraph (A), by striking ``telecommunications 
     service or IP-enabled voice service'' and inserting ``voice 
     service or a text message sent using a text messaging 
     service'';
       (B) in the first sentence of subparagraph (B), by striking 
     ``telecommunications service or IP-enabled voice service'' 
     and inserting ``voice service or a text message sent using a 
     text messaging service''; and
       (C) by striking subparagraph (C) and inserting the 
     following:
       ``(C) Text message.--The term `text message'--
       ``(i) means a message consisting of text, images, sounds, 
     or other information that is transmitted to or from a device 
     that is identified as the receiving or transmitting device by 
     means of a 10-digit telephone number or N11 service code;
       ``(ii) includes a short message service (commonly referred 
     to as `SMS') message and a multimedia message service 
     (commonly referred to as `MMS') message; and
       ``(iii) does not include--

       ``(I) a real-time, two-way voice or video communication; or
       ``(II) a message sent over an IP-enabled messaging service 
     to another user of the same messaging service, except a 
     message described in clause (ii).

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

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

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

[[Page H1403]]

     by subsection (b), the Commission shall provide the public 
     with notice and an opportunity to comment on broadband 
     Internet access service for veterans, in particular low-
     income veterans and veterans residing in rural areas, and how 
     to promote such access.

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

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

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

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

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

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

     SEC. 508. TRIBAL DIGITAL ACCESS.

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

     SEC. 509. TERMS OF OFFICE AND VACANCIES.

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

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

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

     SEC. 511. JOINT BOARD RECOMMENDATION.

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

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

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

     SEC. 513. REPORTS RELATED TO SPECTRUM AUCTIONS.

       (a) Estimate of Upcoming Auctions.--Section 309(j) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)) is amended by 
     adding at the end the following:
       ``(18) Estimate of upcoming auctions.--
       ``(A) Not later than September 30, 2018, and annually 
     thereafter, the Commission shall

[[Page H1404]]

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

                      TITLE VI--VIEWER PROTECTION

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

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

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

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

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

       (a) Payment Required.--
       (1) In general.--From amounts made available under 
     subsection (b)(2), the Commission shall reimburse costs 
     reasonably incurred by an FM broadcast station for facilities 
     necessary for such station to reasonably minimize disruption 
     of service as a result of the reorganization of broadcast 
     television spectrum under subsection (b) of section 6403 of 
     the Middle Class Tax Relief and Job Creation Act of 2012 (47 
     U.S.C. 1452).
       (2) Limitation.--The Commission may not make reimbursements 
     under paragraph (1) for lost revenues.
       (3) Duplicative payments prohibited.--If an FM broadcast 
     station has received a payment for interim facilities from 
     the licensee of a television broadcast station that was 
     reimbursed for such payment under subsection (b)(4)(A)(i) of 
     such section 6403 (including

[[Page H1405]]

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

     SEC. 604. CONSUMER EDUCATION PAYMENT.

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

     SEC. 605. IMPLEMENTATION AND ENFORCEMENT.

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

     SEC. 606. RULE OF CONSTRUCTION.

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

                         TITLE VII--MOBILE NOW

     SEC. 701. SHORT TITLE.

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

     SEC. 702. DEFINITIONS.

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

     SEC. 703. IDENTIFYING 255 MEGAHERTZ.

       (a) Requirements.--
       (1) In general.--Not later than December 31, 2022, the 
     Secretary, working through the NTIA, and the Commission shall 
     identify a total of at least 255 megahertz of Federal and 
     non-Federal spectrum for mobile and fixed wireless broadband 
     use.
       (2) Unlicensed and licensed use.--Of the spectrum 
     identified under paragraph (1), not less than--
       (A) 100 megahertz below the frequency of 8000 megahertz 
     shall be identified for use on an unlicensed basis;
       (B) 100 megahertz below the frequency of 6000 megahertz 
     shall be identified for use on an exclusive, licensed basis 
     for commercial mobile use, pursuant to the Commission's 
     authority to implement such licensing in a flexible manner, 
     and subject to potential continued use of such spectrum by 
     incumbent Federal entities in designated geographic areas 
     indefinitely or for such length of time stipulated in 
     transition plans approved by the Technical Panel under 
     section 113(h) of the National Telecommunications and 
     Information Administration Organization Act (47 U.S.C. 
     923(h)) for those incumbent entities to be relocated to 
     alternate spectrum; and
       (C) 55 megahertz below the frequency of 8000 megahertz 
     shall be identified for use on either a licensed or 
     unlicensed basis, or a combination of licensed and 
     unlicensed.
       (3) Non-eligible spectrum.--For purposes of satisfying the 
     requirement under paragraph (1), the following spectrum shall 
     not be counted:
       (A) The frequencies between 1695 and 1710 megahertz.
       (B) The frequencies between 1755 and 1780 megahertz.
       (C) The frequencies between 2155 and 2180 megahertz.
       (D) The frequencies between 3550 and 3700 megahertz.
       (E) Spectrum that the Commission determines had more than 
     de minimis mobile or fixed wireless broadband operations 
     within the band on the day before the date of enactment of 
     this Act.
       (4) Treatment of certain other spectrum.--Spectrum 
     identified pursuant to this section may include eligible 
     spectrum, if any, identified after the date of enactment of 
     this Act pursuant to title X of the Bipartisan Budget Act of 
     2015 (Public Law 114-74).
       (5) Spectrum made available on and after february 11, 
     2016.--Any spectrum that has been made available for licensed 
     or unlicensed use on and after February 11, 2016, and that 
     otherwise satisfies the requirements of this section may be 
     counted towards the requirements of this subsection.
       (6) Relocation prioritized over sharing.--This section 
     shall be carried out in accordance with section 113(j) of the 
     National Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923(j)).
       (7) Considerations.--In identifying spectrum for use under 
     this section, the Secretary, working through the NTIA, and 
     Commission shall consider--
       (A) the need to preserve critical existing and planned 
     Federal Government capabilities;
       (B) the impact on existing State, local, and tribal 
     government capabilities;
       (C) the international implications;
       (D) the need for appropriate enforcement mechanisms and 
     authorities; and
       (E) the importance of the deployment of wireless broadband 
     services in rural areas of the United States.
       (b) Rules of Construction.--Nothing in this section shall 
     be construed--
       (1) to impair or otherwise affect the functions of the 
     Director of OMB relating to budgetary, administrative, or 
     legislative proposals;
       (2) to require the disclosure of classified information, 
     law enforcement sensitive information, or other information 
     that must be protected in the interest of national security; 
     or
       (3) to affect any requirement under section 156 of the 
     National Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 921 note), as added by section 
     1062(a) of the National Defense Authorization Act for Fiscal 
     Year 2000, or any other relevant statutory requirement 
     applicable to the reallocation of Federal spectrum.

     SEC. 704. MILLIMETER WAVE SPECTRUM.

       (a) FCC Proceeding.--Not later than 2 years after the date 
     of enactment of this Act, the Commission shall publish a 
     notice

[[Page H1406]]

     of proposed rulemaking to consider service rules to authorize 
     mobile or fixed terrestrial wireless operations, including 
     for advanced mobile service operations, in the radio 
     frequency band between 42000 and 42500 megahertz.
       (b) Considerations.--In conducting a rulemaking under 
     subsection (a), the Commission shall--
       (1) consider how the band described in subsection (a) may 
     be used to provide commercial wireless broadband service, 
     including whether--
       (A) such spectrum may be best used for licensed or 
     unlicensed services, or some combination thereof; and
       (B) to permit additional licensed operations in such band 
     on a shared basis; and
       (2) include technical characteristics under which the band 
     described in subsection (a) may be employed for mobile or 
     fixed terrestrial wireless operations, including any 
     appropriate coexistence requirements.
       (c) Spectrum Made Available on and After February 11, 
     2016.--Any spectrum that has been made available for licensed 
     or unlicensed use on or after February 11, 2016, and that 
     otherwise satisfies the requirements of section 703 may be 
     counted towards the requirements of section 703(a).

     SEC. 705. 3 GIGAHERTZ SPECTRUM.

       (a) Between 3100 Megahertz and 3550 Megahertz.--Not later 
     than 24 months after the date of enactment of this Act, and 
     in consultation with the Commission and the head of each 
     affected Federal agency (or a designee thereof), the 
     Secretary, working through the NTIA, shall submit to the 
     Commission and the appropriate committees of Congress a 
     report evaluating the feasibility of allowing commercial 
     wireless services, licensed or unlicensed, to share use of 
     the frequencies between 3100 megahertz and 3550 megahertz.
       (b) Between 3700 Megahertz and 4200 Megahertz.--Not later 
     than 18 months after the date of enactment of this Act, after 
     notice and an opportunity for public comment, and in 
     consultation with the Secretary, working through the NTIA, 
     and the head of each affected Federal agency (or a designee 
     thereof), the Commission shall submit to the Secretary and 
     the appropriate committees of Congress a report evaluating 
     the feasibility of allowing commercial wireless services, 
     licensed or unlicensed, to use or share use of the 
     frequencies between 3700 megahertz and 4200 megahertz.
       (c) Requirements.--A report under subsection (a) or (b) 
     shall include the following:
       (1) An assessment of the operations of Federal entities 
     that operate Federal Government stations authorized to use 
     the frequencies described in that subsection.
       (2) An assessment of the possible impacts of such sharing 
     on Federal and non-Federal users already operating on the 
     frequencies described in that subsection.
       (3) The criteria that may be necessary to ensure shared 
     licensed or unlicensed services would not cause harmful 
     interference to Federal or non-Federal users already 
     operating in the frequencies described in that subsection.
       (4) If such sharing is feasible, an identification of which 
     of the frequencies described in that subsection are most 
     suitable for sharing with commercial wireless services 
     through the assignment of new licenses by competitive 
     bidding, for sharing with unlicensed operations, or through a 
     combination of licensing and unlicensed operations.
       (d) Commission Action.--The Commission, in consultation 
     with the NTIA, shall seek public comment on the reports 
     required under subsections (a) and (b), including regarding 
     the bands identified in such report as feasible pursuant to 
     subsection (c)(4).

     SEC. 706. BROADBAND INFRASTRUCTURE DEPLOYMENT.

       (a) Definitions.--In this section:
       (1) Appropriate state agency.--The term ``appropriate State 
     agency'' means a State governmental agency that is recognized 
     by the executive branch of the State as having the experience 
     necessary to evaluate and carry out projects relating to the 
     proper and effective installation and operation of broadband 
     infrastructure.
       (2) Broadband infrastructure.--The term ``broadband 
     infrastructure'' means any buried, underground, or aerial 
     facility, and any wireless or wireline connection, that 
     enables users to send and receive voice, video, data, 
     graphics, or any combination thereof.
       (3) Broadband infrastructure entity.--The term ``broadband 
     infrastructure entity'' means any entity that--
       (A) installs, owns, or operates broadband infrastructure; 
     and
       (B) provides broadband services in a manner consistent with 
     the public interest, convenience, and necessity, as 
     determined by the State.
       (4) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia; and
       (C) the Commonwealth of Puerto Rico.
       (b) Broadband Infrastructure Deployment.--To facilitate the 
     installation of broadband infrastructure, the Secretary of 
     Transportation shall promulgate regulations to ensure that 
     each State that receives funds under chapter 1 of title 23, 
     United States Code, meets the following requirements:
       (1) Broadband consultation.--The State department of 
     transportation, in consultation with appropriate State 
     agencies, shall--
       (A) identify a broadband utility coordinator, that may have 
     additional responsibilities, whether in the State department 
     of transportation or in another State agency, that is 
     responsible for facilitating the broadband infrastructure 
     right-of-way efforts within the State;
       (B) establish a process for the registration of broadband 
     infrastructure entities that seek to be included in those 
     broadband infrastructure right-of-way facilitation efforts 
     within the State;
       (C) establish a process to electronically notify broadband 
     infrastructure entities identified under subparagraph (B) of 
     the State transportation improvement program on an annual 
     basis and provide additional notifications as necessary to 
     achieve the goals of this section; and
       (D) coordinate initiatives carried out under this section 
     with other statewide telecommunication and broadband plans 
     and State and local transportation and land use plans, 
     including strategies to minimize repeated excavations that 
     involve the installation of broadband infrastructure in a 
     right-of-way.
       (2) Priority.--If a State chooses to provide for the 
     installation of broadband infrastructure in the right-of-way 
     of an applicable Federal-aid highway project under this 
     subsection, the State department of transportation shall 
     carry out any appropriate measures to ensure that any 
     existing broadband infrastructure entities are not 
     disadvantaged, as compared to other broadband infrastructure 
     entities, with respect to the program under this subsection.
       (c) Effect of Section.--This section applies only to 
     activities for which Federal obligations or expenditures are 
     initially approved on or after the date regulations under 
     subsection (b) become effective. Nothing in this section 
     establishes a mandate or requirement that a State install or 
     allow the installation of broadband infrastructure in a 
     highway right-of-way. Nothing in this section authorizes the 
     Secretary of Transportation to withhold or reserve funds or 
     approval of a project under title 23, United States Code.

     SEC. 707. REALLOCATION INCENTIVES.

       (a) In General.--Not later than 24 months after the date of 
     enactment of this Act, the Assistant Secretary of Commerce 
     for Communications and Information, in consultation with the 
     Commission, the Director of OMB, and the head of each 
     affected Federal agency (or a designee thereof), after notice 
     and an opportunity for public comment, shall submit to the 
     appropriate committees of Congress a report that includes 
     legislative or regulatory recommendations to incentivize a 
     Federal entity to relinquish, or share with Federal or non-
     Federal users, Federal spectrum for the purpose of allowing 
     commercial wireless broadband services to operate on that 
     Federal spectrum.
       (b) Post-Auction Payments.--
       (1) Report.--In preparing the report under subsection (a), 
     the Assistant Secretary of Commerce for Communications and 
     Information shall--
       (A) consider whether permitting eligible Federal entities 
     that are implementing a transition plan submitted under 
     section 113(h) of the National Telecommunications and 
     Information Administration Organization Act (47 U.S.C. 
     923(h)) to accept payments could result in access to the 
     eligible frequencies that are being reallocated for exclusive 
     non-Federal use or shared use sooner than would otherwise 
     occur without such payments; and
       (B) include the findings under subparagraph (A), including 
     the analysis under paragraph (2) and any recommendations for 
     legislation, in the report.
       (2) Analysis.--In considering payments under paragraph 
     (1)(A), the Assistant Secretary of Commerce for 
     Communications and Information shall conduct an analysis of 
     whether and how such payments would affect--
       (A) bidding in auctions conducted under section 309(j) of 
     the Communications Act of 1934 (47 U.S.C. 309(j)) of such 
     eligible frequencies; and
       (B) receipts collected from the auctions described in 
     subparagraph (A).
       (3) Definitions.--In this subsection:
       (A) Payment.--The term ``payment'' means a payment in cash 
     or in-kind by any auction winner, or any person affiliated 
     with an auction winner, of eligible frequencies during the 
     period after eligible frequencies have been reallocated by 
     competitive bidding under section 309(j) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)) but prior to 
     the completion of relocation or sharing transition of such 
     eligible frequencies per transition plans approved by the 
     Technical Panel.
       (B) Eligible frequencies.--The term ``eligible 
     frequencies'' has the meaning given the term in section 
     113(g)(2) of the National Telecommunications and Information 
     Administration Organization Act (47 U.S.C. 923(g)(2)).

     SEC. 708. BIDIRECTIONAL SHARING STUDY.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, including an opportunity for public 
     comment, the Commission, in collaboration with the NTIA, 
     shall--
       (1) conduct a bidirectional sharing study to determine the 
     best means of providing Federal entities flexible access to 
     non-Federal spectrum on a shared basis across a range of 
     short-, mid-, and long-range timeframes, including for 
     intermittent purposes like emergency use; and
       (2) submit to Congress a report on the study under 
     paragraph (1), including any recommendations for legislation 
     or proposed regulations.

[[Page H1407]]

       (b) Considerations.--In conducting the study under 
     subsection (a), the Commission shall--
       (1) consider the regulatory certainty that commercial 
     spectrum users and Federal entities need to make longer-term 
     investment decisions for shared access to be viable; and
       (2) evaluate any barriers to voluntary commercial 
     arrangements in which non-Federal users could provide access 
     to Federal entities.

     SEC. 709. UNLICENSED SERVICES IN GUARD BANDS.

       (a) In General.--After public notice and comment, and in 
     consultation with the Assistant Secretary of Commerce for 
     Communications and Information and the head of each affected 
     Federal agency (or a designee thereof), with respect to 
     frequencies allocated for Federal use, the Commission shall 
     adopt rules that permit unlicensed services where feasible to 
     use any frequencies that are designated as guard bands to 
     protect frequencies allocated after the date of enactment of 
     this Act by competitive bidding under section 309(j) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)), including 
     spectrum that acts as a duplex gap between transmit and 
     receive frequencies.
       (b) Limitation.--The Commission may not permit any use of a 
     guard band under this section that would cause harmful 
     interference to a licensed service or a Federal service.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed as limiting the Commission or the Assistant 
     Secretary of Commerce for Communications and Information from 
     otherwise making spectrum available for licensed or 
     unlicensed use in any frequency band in addition to guard 
     bands, including under section 703, consistent with their 
     statutory jurisdictions.

     SEC. 710. AMENDMENTS TO THE SPECTRUM PIPELINE ACT OF 2015.

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

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

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

     SEC. 712. RULEMAKING RELATED TO PARTITIONING OR 
                   DISAGGREGATING LICENSES.

       (a) Definitions.--In this section:
       (1) Covered small carrier.--The term ``covered small 
     carrier'' means a carrier (as defined in section 3 of the 
     Communications Act of 1934 (47 U.S.C. 153)) that--
       (A) has not more than 1,500 employees (as determined under 
     section 121.106 of title 13, Code of Federal Regulations, or 
     any successor thereto); and
       (B) offers services using the facilities of the carrier.
       (2) Rural area.--The term ``rural area'' means any area 
     other than--
       (A) a city, town, or incorporated area that has a 
     population of more than 20,000 inhabitants; or
       (B) an urbanized area contiguous and adjacent to a city or 
     town that has a population of more than 50,000 inhabitants.
       (b) Rulemaking.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall initiate a 
     rulemaking proceeding to assess whether to establish a 
     program, or modify existing programs, under which a licensee 
     that receives a license for the exclusive use of spectrum in 
     a specific geographic area under section 301 of the 
     Communications Act of 1934 (47 U.S.C. 301) may partition or 
     disaggregate the license by sale or long-term lease--
       (A) in order to--
       (i) provide services consistent with the license; and
       (ii) make unused spectrum available to--

       (I) an unaffiliated covered small carrier; or
       (II) an unaffiliated carrier to serve a rural area; and

       (B) if the Commission finds that such a program would 
     promote--
       (i) the availability of advanced telecommunications 
     services in rural areas; or
       (ii) spectrum availability for covered small carriers.
       (2) Considerations.--In conducting the rulemaking 
     proceeding under paragraph (1), the Commission shall 
     consider, with respect to the program proposed to be 
     established under that paragraph--
       (A) whether reduced performance requirements with respect 
     to spectrum obtained through the program would facilitate 
     deployment of advanced telecommunications services in the 
     areas covered by the program;
       (B) what conditions may be needed on transfers of spectrum 
     under the program to allow covered small carriers that obtain 
     spectrum under the program to build out the spectrum in a 
     reasonable period of time;
       (C) what incentives may be appropriate to encourage 
     licensees to lease or sell spectrum, including--
       (i) extending the term of a license granted under section 
     301 of the Communications Act of 1934 (47 U.S.C. 301); or
       (ii) modifying performance requirements of the license 
     relating to the leased or sold spectrum; and
       (D) the administrative feasibility of--
       (i) the incentives described in subparagraph (C); and
       (ii) other incentives considered by the Commission that 
     further the goals of this section.
       (3) Forfeiture of spectrum.--If a party fails to meet any 
     build out requirements set by the Commission for any spectrum 
     sold or leased under this section, the right to the spectrum 
     shall be forfeited to the Commission unless the Commission 
     finds that there is good cause for the failure of the party.
       (4) Requirement.--The Commission may offer a licensee 
     incentives or reduced performance requirements under this 
     section only if the Commission finds that doing so would 
     likely result in increased availability of advanced 
     telecommunications services in a rural area.

     SEC. 713. UNLICENSED SPECTRUM POLICY.

       (a) Statement of Policy.--It is the policy of the United 
     States--
       (1) to maximize the benefit to the people of the United 
     States of the spectrum resources of the United States;
       (2) to advance innovation and investment in wireless 
     broadband services; and
       (3) to promote spectrum policy that makes available on an 
     unlicensed basis radio frequency bands to address consumer 
     demand for unlicensed wireless broadband operations.
       (b) Commission Responsibilities.--The Commission shall 
     ensure that the efforts of the Commission related to spectrum 
     allocation and assignment made available on an unlicensed 
     basis radio frequency bands to address demand for unlicensed 
     wireless broadband operations if doing so is, after taking 
     into account the future needs of homeland security, national 
     security, and other spectrum users--
       (1) reasonable; and
       (2) in the public interest.
       (c) Rule of Construction.--Nothing in this section confers 
     any additional rights on unlicensed users or users licensed 
     by rule under part 96 of title 47, Code of Federal 
     Regulations, to protection from harmful interference.

     SEC. 714. NATIONAL PLAN FOR UNLICENSED SPECTRUM.

       (a) Definitions.--In this section:
       (1) Spectrum relocation fund.--The term ``Spectrum 
     Relocation Fund'' means the Fund established under section 
     118 of the National Telecommunications and Information 
     Administration Organization Act (47 U.S.C. 928).
       (2) Unlicensed or licensed by rule operations.--The term 
     ``unlicensed or licensed by rule operations'' means the use 
     of spectrum on a non-exclusive basis under--
       (A) part 15 of title 47, Code of Federal Regulations; or
       (B) licensing by rule under part 96 of title 47, Code of 
     Federal Regulations.
       (b) National Plan.--Not later than 18 months after the date 
     of enactment of this Act, the Commission, in consultation 
     with the NTIA, shall develop a national plan for making 
     additional radio frequency bands available for unlicensed or 
     licensed by rule operations.
       (c) Requirements.--The plan developed under this section 
     shall--
       (1) identify an approach that ensures that consumers have 
     access to additional spectrum to conduct unlicensed or 
     licensed by rule operations in a range of radio frequencies 
     to meet consumer demand;
       (2) recommend specific actions by the Commission and the 
     NTIA to permit unlicensed or licensed by rule operations in 
     additional radio frequency ranges that the Commission finds--
       (A) are consistent with the statement of policy under 
     section 713(a);
       (B) will--
       (i) expand opportunities for unlicensed or licensed by rule 
     operations in a spectrum band; or

[[Page H1408]]

       (ii) otherwise improve spectrum utilization and intensity 
     of use of bands where unlicensed or licensed by rule 
     operations are already permitted;
       (C) will not cause harmful interference to Federal or non-
     Federal users of such bands; and
       (D) will not significantly impact homeland security or 
     national security communications systems; and
       (3) examine additional ways, with respect to existing and 
     planned databases or spectrum access systems designed to 
     promote spectrum sharing and access to spectrum for 
     unlicensed or licensed by rule operations--
       (A) to improve accuracy and efficacy;
       (B) to reduce burdens on consumers, manufacturers, and 
     service providers; and
       (C) to protect sensitive Government information.
       (d) Spectrum Relocation Fund.--To be included as an 
     appendix as part of the plan developed under this section, 
     the NTIA, in consultation with the Director of the Office of 
     Management and Budget, shall share with the Commission 
     recommendations about how to reform the Spectrum Relocation 
     Fund--
       (1) to address costs incurred by Federal entities related 
     to sharing radio frequency bands with radio technologies 
     conducting unlicensed or licensed by rule operations; and
       (2) to ensure the Spectrum Relocation Fund has sufficient 
     funds to cover--
       (A) the costs described in paragraph (1); and
       (B) other expenditures allowed of the Spectrum Relocation 
     Fund under section 118 of the National Telecommunications and 
     Information Administration Organization Act (47 U.S.C. 928).
       (e) Report Required.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Commission shall submit to the 
     appropriate committees of Congress a report that describes 
     the plan developed under this section, including any 
     recommendations for legislative change.
       (2) Publication on commission website.--Not later than the 
     date on which the Commission submits the report under 
     paragraph (1), the Commission shall make the report publicly 
     available on the website of the Commission.
       (f) Rule of Construction.--Nothing in this section confers 
     any additional rights on unlicensed users or users licensed 
     by rule under part 96 of title 47, Code of Federal 
     Regulations, to protection from harmful interference.

     SEC. 715. SPECTRUM CHALLENGE PRIZE.

       (a) Short Title.--This section may be cited as the 
     ``Spectrum Challenge Prize Act''.
       (b) Definition of Prize Competition.--In this section, the 
     term ``prize competition'' means a prize competition 
     conducted by the Secretary under subsection (c)(1).
       (c) Spectrum Challenge Prize.--
       (1) In general.--The Secretary, in consultation with the 
     Assistant Secretary of Commerce for Communications and 
     Information and the Under Secretary of Commerce for Standards 
     and Technology, shall, subject to the availability of funds 
     for prize competitions under this section--
       (A) conduct prize competitions to dramatically accelerate 
     the development and commercialization of technology that 
     improves spectrum efficiency and is capable of cost-effective 
     deployment; and
       (B) define a measurable set of performance goals for 
     participants in the prize competitions to demonstrate their 
     solutions on a level playing field while making a significant 
     advancement over the current state of the art.
       (2) Authority of secretary.--In carrying out paragraph (1), 
     the Secretary may--
       (A) enter into a grant, contract, cooperative agreement, or 
     other agreement with a private sector for-profit or nonprofit 
     entity to administer the prize competitions;
       (B) invite the Defense Advanced Research Projects Agency, 
     the Commission, the National Aeronautics and Space 
     Administration, the National Science Foundation, or any other 
     Federal agency to provide advice and assistance in the design 
     or administration of the prize competitions; and
       (C) award not more than $5,000,000, in the aggregate, to 
     the winner or winners of the prize competitions.
       (d) Criteria.--Not later than 180 days after the date on 
     which funds for prize competitions are made available 
     pursuant to this section, the Commission shall publish a 
     technical paper on spectrum efficiency providing criteria 
     that may be used for the design of the prize competitions.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 716. WIRELESS TELECOMMUNICATIONS TAX AND FEE COLLECTION 
                   FAIRNESS.

       (a) Short Title.--This section may be cited as the 
     ``Wireless Telecommunications Tax and Fee Collection Fairness 
     Act''.
       (b) Definitions.--In this section:
       (1) Financial transaction.--The term ``financial 
     transaction'' means a transaction in which the purchaser or 
     user of a wireless telecommunications service upon whom a 
     tax, fee, or surcharge is imposed gives cash, credit, or any 
     other exchange of monetary value or consideration to the 
     person who is required to collect or remit the tax, fee, or 
     surcharge.
       (2) Local jurisdiction.--The term ``local jurisdiction'' 
     means a political subdivision of a State.
       (3) State.--The term ``State'' means any of the several 
     States, the District of Columbia, and any territory or 
     possession of the United States.
       (4) State or local jurisdiction.--The term ``State or local 
     jurisdiction'' includes any governmental entity or person 
     acting on behalf of a State or local jurisdiction that has 
     the authority to assess, impose, levy, or collect taxes or 
     fees.
       (5) Wireless telecommunications service.--The term 
     ``wireless telecommunications service'' means a commercial 
     mobile radio service, as defined in section 20.3 of title 47, 
     Code of Federal Regulations, or any successor thereto.
       (c) Financial Transaction Requirement.--
       (1) In general.--A State, or a local jurisdiction of a 
     State, may not require a person who is neither a resident of 
     such State or local jurisdiction nor an entity having its 
     principal place of business in such State or local 
     jurisdiction to collect from, or remit on behalf of, any 
     other person a State or local tax, fee, or surcharge imposed 
     on a purchaser or user with respect to the purchase or use of 
     any wireless telecommunications service within the State 
     unless the collection or remittance is in connection with a 
     financial transaction.
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to affect the right of a State or local 
     jurisdiction to require the collection of any tax, fee, or 
     surcharge in connection with a financial transaction.
       (d) Enforcement.--
       (1) Private right of action.--Any person aggrieved by a 
     violation of subsection (c) may bring a civil action in an 
     appropriate district court of the United States for equitable 
     relief in accordance with paragraph (2) of this subsection.
       (2) Jurisdiction of district courts.--Notwithstanding 
     section 1341 of title 28, United States Code, or the 
     constitution or laws of any State, the district courts of the 
     United States shall have jurisdiction, without regard to the 
     amount in controversy or citizenship of the parties, to grant 
     such mandatory or prohibitive injunctive relief, interim 
     equitable relief, and declaratory judgments as may be 
     necessary to prevent, restrain, or terminate any acts in 
     violation of subsection (c).

     SEC. 717. RULES OF CONSTRUCTION.

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

     SEC. 718. RELATIONSHIP TO MIDDLE CLASS TAX RELIEF AND JOB 
                   CREATION ACT OF 2012.

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

     SEC. 719. NO ADDITIONAL FUNDS AUTHORIZED.

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

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Oregon (Mr. Walden) and the gentleman from New Jersey (Mr. Pallone) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Oregon.


                             General Leave

  Mr. WALDEN. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am pleased today that the House of Representatives is 
taking up an important bill from the House Energy and Commerce 
Committee. It is titled the Repack Airwaves Yielding Better Access for 
Users of Modern Services Act of 2018, or RAY BAUM'S Act.
  I thank our subcommittee chairman, Marsha Blackburn, for her hard 
work in introducing and moving this legislation forward.
  Before I get into the policy side, I want to touch on the meaning 
behind this bill's title.

[[Page H1409]]

  H.R. 4986 is a nod to our dear friend, and mine of 30 years, the 
former staff director of our Energy and Commerce Committee, who 
recently lost his battle with cancer.
  It is a testament of not just Ray's dedication to telecom policy--as 
you know, he served as public utility commissioner, he chaired the 
Joint Board with the FCC on communications issues, and was such a 
policy brain for our committee--but also his ability to work across the 
aisle and with all levels of government officials. He got good things 
done for America.
  Years ago, when I became chairman of what was then called the 
Subcommittee on Telecommunications and the Internet, Ray, at my 
invitation, finally agreed to come back to Washington and work on the 
committee.
  He had served as a State representative and as majority leader of the 
Oregon House. He had been chairman of the public utility commission in 
Oregon and brought a lot to our process as senior policy adviser.
  In the years that followed, these issues remained both a priority and 
a passion for Ray, and I believe and I hope our bipartisan work today 
reflects admirably the kind of commitment he wanted all of us to share 
in making good public policy.
  By the way, that is Ray right there, for those who didn't know.
  The RAY BAUM'S Act reauthorizes the Federal Communications 
Commission. It includes efficiency and transparency reforms for the 
FCC, and it spurs the development of next generation 5G technologies.
  It is good for consumers, and it is good for our Nation's critical 
telecommunications services.
  Importantly, the bill before us today is the product of a bipartisan 
and bicameral agreement, House and Senate, Republicans and Democrats, 
including my friend from New Jersey (Mr. Pallone), Senate Commerce 
Committee chairman Mr. Thune, and the ranking member in the Senate, 
Bill Nelson.
  Mr. Speaker, we bring you a good product today of sound policy named 
for a wonderful individual, and I reserve the balance of my time.

         Committee on Transportation and Infrastructure, House of 
           Representatives,
                                    Washington, DC, March 6, 2018.
     Hon. Greg Walden,
     Chairman, Committee on Energy and Commerce, Washington, DC.
       Dear Chairman Walden: I write concerning H.R. 4986, RAY 
     BAUM'S Act of 2018. This legislation includes matters that 
     fall within the Rule X jurisdiction of the Committee on 
     Transportation and Infrastructure.
       I recognize and appreciate your desire to bring this 
     legislation before the House of Representatives in an 
     expeditious manner, and accordingly, the Committee on 
     Transportation and Infrastructure will forego action on the 
     bill. However, this is conditional on our mutual 
     understanding that foregoing consideration of the bill does 
     not prejudice the Committee with respect to the appointment 
     of conferees or to any future jurisdictional claim over the 
     subject matters contained in the bill or similar legislation 
     that fall within the Committee's Rule X jurisdiction. 
     Further, this is conditional on our understanding that 
     mutually agreed upon changes to the legislation will be 
     incorporated into the bill prior to floor consideration. 
     Lastly, should a conference on the bill be necessary, I 
     request your support for the appointment of conferees from 
     the Committee on Transportation and Infrastructure during any 
     House-Senate conference convened on this or related 
     legislation.
       I would ask that a copy of this letter and your response 
     acknowledging our jurisdictional interest as well as the 
     mutually agreed upon changes to be incorporated into the bill 
     be included in the Congressional Record during consideration 
     of the measure on the House floor, to memorialize our 
     understanding.
       I look forward to working with the Committee on Energy and 
     Commerce as the bill moves through the legislative process.
           Sincerely,
                                                     Bill Shuster,
     Chairman.
                                  ____

                                         House of Representatives,


                             Committee on Energy and Commerce,

                                    Washington, DC, March 6, 2018.
     Hon. Bill Shuster,
     Chairman, Committee on Transportation and Infrastructure, 
         Washington, DC.
       Dear Chairman Shuster: Thank you for your letter concerning 
     H.R. 4986, RAY BAUM'S Act of 2018, which includes matters 
     that fall within the Rule X jurisdiction of the Committee on 
     Transportation and Infrastructure.
       I appreciate your Committee's willingness to forego action 
     on H.R. 4986 so that this legislation may be brought before 
     the House of Representatives in an expeditious manner.
       I agree that foregoing consideration of the bill does not 
     prejudice the Committee with respect to the appointment of 
     conferees or to any future jurisdictional claim over the 
     subject matters contained in the bill or similar legislation 
     that fall within the Committee's Rule X jurisdiction. 
     Further, I agree that mutually agreed upon changes to the 
     legislation will be incorporated into the bill prior to floor 
     consideration. Lastly, should a conference on the bill be 
     necessary, I will support the appropriate appointment of 
     conferees from the Committee on Transportation and 
     Infrastructure during any House-Senate conference convened on 
     this or related legislation.
       I will include a copy of your letter and this response in 
     the Congressional Record during consideration of the measure 
     on the House floor.
           Sincerely,
                                                      Greg Walden,
     Chairman.
                                  ____

         House of Representatives, Committee on Oversight and 
           Government Reform,
                                    Washington, DC, March 6, 2018.
     Hon. Greg Walden,
     Chairman, Committee on Energy & Commerce,
     House of Representatives.
       Dear Mr. Chairman: I am writing concerning the 
     jurisdictional interest of the Committee on Oversight and 
     Government Reform in H.R. 4986, the ``RAY BAUM'S Act of 
     2018.'' As a result of your having consulted with me 
     concerning the provisions of the bill that fall within our 
     Rule X jurisdiction, I agree to forego further consideration 
     by the Committee on Oversight and Government Reform.
       The Committee takes this action with our mutual 
     understanding that by foregoing consideration of H.R. 4986 at 
     this time we do not waive any jurisdiction over the subject 
     matter contained in this or similar legislation. Further, I 
     request your support for the appointment of conferees from 
     the Committee on Oversight and Government Reform during any 
     House-Senate conference convened on this or related 
     legislation.
       Finally, I would ask that a copy of our exchange of letters 
     on this matter be included in the bill report filed by the 
     Committee on Energy & Commerce, as well as in the 
     Congressional Record during floor consideration, to 
     memorialize our understanding.
           Sincerely,
     Trey Gowdy.
                                  ____

                                         House of Representatives,


                             Committee on Energy and Commerce,

                                    Washington, DC, March 6, 2018.
     Hon. Trey Gowdy,
     Chairman, Committee on Oversight and Government Reform, 
         Washington, DC.
       Dear Chairman Gowdy: Thank you for your letter concerning 
     H.R. 4986, RAY BAUM'S Act of 2018, and I appreciate your 
     willingness to forego further consideration by the Committee 
     on Oversight and Government Reform.
       I agree that by foregoing consideration of H.R. 4986 at 
     this time, the Committee on Oversight and Government Reform 
     does not waive any jurisdiction over the subject matter 
     contained in this or similar legislation. Further, I will 
     support the appointment of conferees from the Committee on 
     Oversight and Government Reform during any House-Senate 
     conference convened on this or related legislation.
       Finally, a copy of our exchange of letters on this matter 
     will be included in the bill report filed by the Committee on 
     Energy and Commerce, as well as in the Congressional Record 
     during floor consideration, to memorialize our understanding.
           Sincerely,
                                                      Greg Walden,
                                                         Chairman.

  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I also rise in support of H.R. 4986, the RAY BAUM'S Act. 
This bill is the product of extensive bipartisan collaboration. After 
exhaustive negotiations, we were able to reach a deal that includes 
bills introduced by Democrats and Republicans in both the House and in 
the Senate. That does not happen often, and I would like to thank my 
colleagues for working with me so closely.
  This bill is a real tribute to its namesake, Ray Baum. Ray had a 
passion for telecommunications policy and a special place in his heart 
for broadcasting. Ray was also an eternal optimist. He never faltered 
in his belief that we could find a way to work together to find a 
solution, and he was right.
  We were able to incorporate proposals from Members on both sides of 
the aisle, just the way Ray would have liked it, and we were able to 
produce this legislation that will reauthorize the FCC for the first 
time in 28 years.
  Mr. Speaker, I would like to briefly mention some aspects of this 
bill that I am most proud of. First, we were able to include the SANDy 
Act, which is named to honor those affected by Superstorm Sandy, a 
storm that ripped through the Northeast, including my district, over 5 
years ago. During that

[[Page H1410]]

superstorm, we saw firsthand how important communications were for 
survival. From television and radio broadcasters to wireless providers 
and cable networks, each played its own role in making sure people knew 
how to find help, look for loved ones, and stay out of harm's way.

                              {time}  1445

  I used the lessons we learned from Sandy in writing this legislation. 
When this bill is signed into law, our networks will be stronger, more 
resilient, and more capable to serve in an emergency.
  This FCC reauthorization bill also includes the Viewer Protection 
Act. I introduced the Viewer Protection Act to make sure no viewer 
loses signal as a result of the FCC's incentive auction. Access to 
local information has become even more important as the number of 
natural disasters has increased over the past few years.
  Not only does this bill help ensure consumers' broadcast stations 
don't go dark, as part of this bipartisan, bicameral deal, we have 
agreed to provide $50 million in funding to help educate consumers 
about the transition. This funding is critical to make sure that people 
have access to information about how to get their televisions to work.
  My colleagues will discuss other important aspects of this deal. But 
before they do, I would like to point out two important provisions that 
we included as part of the reauthorization. First, we included a 
provision that makes the FCC's inspector general independent of the 
Commission's chairman. The IG is currently conducting a number of 
critical investigations, including one into whether the chairman of the 
agency has been improperly favoring Sinclair Broadcast Group. But under 
current law, these investigations are being conducted under a cloud--
the very chairman who is under investigation can obstruct the review by 
firing the inspector general or his or her staff at any time. So by 
passing this bill, we are ensuring that these important investigations 
can conclude without any interference.
  Finally, I do not normally support unnecessarily cutting the budget 
of our agencies. But in this case, I would like to thank my colleagues 
for agreeing to limit this cut to the length of this administration. 
The current leadership of the FCC, in my opinion, has proven that it 
cannot be trusted to serve the public interest. Most notably, the 
agency has ignored its statutory duty and the call of the American 
people by destroying our net neutrality protections. Net neutrality 
safeguards our American values by empowering small businesses, creating 
new jobs, and ensuring free speech online.
  By limiting the resources that we provide for the next 3 years, this 
reauthorization will limit this Commission's power, in my opinion, to 
do more harm.
  For these reasons and many more, I urge my colleagues to support the 
bipartisan and bicameral agreement embodied by the RAY BAUM'S Act.
  I would like to also thank the Democratic committee staff--David 
Goldman, Gerald Leverich, and Dan Miller--for all of their hard work in 
getting this bill to the floor today.
  Mr. Speaker, I reserve the balance of my time.
  Mr. WALDEN. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Tennessee (Mrs. Blackburn), the chair of the subcommittee, who has been 
an incredible leader on our communications issues on the Energy and 
Commerce Committee for some time.
  Mrs. BLACKBURN. Mr. Speaker, I thank the chairman for the 
recognition, and I thank him for his efforts on this.
  Mr. Speaker, it really is a pleasure to come here today to talk about 
the RAY BAUM'S Act. We have, for so long, talked about the need to push 
this through to completion, and Ray served as our staff director and 
really helped the committee and our subcommittee push this forward to 
the point that we could say: Yes, we have the FCC reauthorization done.
  As Mr. Pallone said, it has been 28 years since this agency has been 
reauthorized. It is certainly an honor to say we have done this in 
Ray's name, and we have done it in a bipartisan way.
  There are so many things that are included in this bill, and one of 
the provisions that is in here is Chairman Walden's FCC reform. Many 
times you will hear us talk about needing to bring sunlight to these 
agencies, bringing order, and the ability for constituents and citizens 
to know what is happening. We have that included in this bill.
  We also have provisions that our whip, Steve Scalise--the 
Consolidated Reporting Act--has included in this bill. We have 
provisions from Ms. Eshoo and from Representative Engel. These are all 
bipartisan provisions that you will see included in this legislation. 
Mr. Johnson has a provision that is included that will change the way 
the inspector general works in this agency so that he truly is an 
inspector general who is independent.
  So we have worked together in a bipartisan way to do our repack which 
deals with our broadcasters and our spectrum to handle MobileNOW, which 
has been a priority of the Senate. They could not get it finished. We 
have finished that process, and then also the FCC reauthorization.
  So I express my gratitude to the committee members, both Democrats 
and Republicans, and the staff members from both sides of the dais to 
say thank you for the work that is done to bring this bipartisan effort 
together to reauthorize this agency to deal with our spectrum repack 
and to address the MobileNOW concerns.
  Mr. PALLONE. Mr. Speaker, I yield 2 minutes to the gentleman from 
Pennsylvania (Mr. Michael F. Doyle), who is the ranking member of the 
Communications and Technology Subcommittee.
  Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, I thank the 
gentleman for yielding.
  Mr. Speaker, I would like to take a moment to speak in memorial to 
the late Ray Baum. He was a dedicated husband and father, the staff 
director for the majority on the Energy and Commerce Committee, and a 
trusted adviser and friend to Chairman Walden. We were all saddened by 
his passing, and I would like to express our condolences to his friends 
and family.
  The legislation before us today is the product of bipartisan and 
bicameral compromise. While it is not perfect, it represents a good 
faith effort by Ranking Member Pallone, Chairman Walden, Senator 
Nelson, and Senator Thune.
  This compromise incorporates a number of Democratic priorities, 
including Ranking Member Pallone's Viewer Protection Act and SANDy Act, 
and Congresswoman Eshoo's RESPONSE Act and ``Dig Once'' bill, and a 
number of provisions from other members of our committee on 
cybersecurity, Tribal broadband, broadband access for veterans, and 
others.
  Like Ranking Member Pallone, I am also happy to see bipartisan 
language included in the bill which makes the FCC inspector general an 
independent entity.
  This sends a strong bipartisan and bicameral message to Chairman Pai 
that he cannot end the FCC inspector general's investigation into 
collusion between his office and Sinclair Broadcast Group simply by 
firing the current inspector general. These allegations also require 
congressional oversight and investigation.
  I am also happy to see that we have an agreement to provide the 
remainder of the funds necessary to transition broadcasters as part of 
the FCC's incentive auction--keeping a promise that we made to them 
that they would be held harmless.
  The agreement also includes funds for consumer education about the 
transition. It is critical that the public be educated about the 
upcoming television repack and understand the what, when, and where of 
how it will work.
  Mr. Speaker, I look forward to continuing to work on this legislation 
with my colleagues as it moves forward.
  Mr. WALDEN. Mr. Speaker, I yield 1 minute to the gentleman from New 
Jersey (Mr. Lance), who is a talented member of our committee.
  Mr. LANCE. Mr. Speaker, I rise in very strong support of the RAY 
BAUM'S Act, which reauthorizes the Federal Communications Commission 
for the first time in 28 years.
  How appropriate that this critical legislation is named for Ray Baum, 
who dedicated his tremendous public service to these issues, and whom 
we all admired.

[[Page H1411]]

  I commend the leadership. The Energy and Commerce Committee puts more 
bipartisan bills on the President's desk than any other committee here 
on Capitol Hill. This is important legislation strengthening the FCC, 
protecting consumers, and, most important of all, expanding the 
information channels our lives and the economy need.
  I am pleased that this legislation includes the Anti-Spoofing Act, a 
bill I have worked on with Congresswoman Meng and Chairman Emeritus 
Barton for several years. Spoofing is an insidious practice used by 
scammers to call consumers using a faked phone number, often pretending 
to be a bank or government agency. Millions of Americans continue to be 
defrauded by con artists and scammers who perpetrate this despicable 
crime. This disgraceful practice must end, and it will be ended in 
large part due to this legislation. I am pleased this FCC 
reauthorization enacts consumer protections like those in the Anti-
Spoofing Act.
  Mr. Speaker, I urge a ``yes'' vote.
  Mr. PALLONE. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
California (Ms. Matsui).
  Ms. MATSUI. Mr. Speaker, I am pleased that today we are reauthorizing 
the Federal Communications Commission through the RAY BAUM'S Act, 
which, among other things, ensures our local broadcasters have the 
resources they need and will deliver additional spectrum into the 
commercial marketplace. Spectrum is the invisible infrastructure that 
supports our wireless economy.
  As the way we do business continues to depend on connectivity and 
mobility, spectrum will be a part of everything from remote health 
monitoring to precision agriculture, to public safety communications 
and connected devices.
  That is why I am pleased that this package includes several of my 
priorities, including my Spectrum Auction Deposits Act, which I 
coauthored with Congressman Guthrie. This legislation will enable the 
FCC to continue to conduct auctions that will unlock the spectrum 
necessary to deploy next generation broadband networks. Without this 
fix, auctions to deliver more spectrum into the commercial marketplace 
may be put on hold indefinitely.
  This package also includes my legislation to create a Federal 
spectrum challenge prize, which would accelerate the development and 
commercialization of innovative technologies to make spectrum use more 
efficient.
  It could also facilitate the application of existing technologies, 
such as blockchain, to develop spectrum sharing mechanisms that will 
allow providers to access spectrum on a real-time basis.
  This bipartisan legislation will promote the expansion of current and 
next generation broadband networks across America. It is an important 
step forward, and I am proud to support its passage.
  Mr. WALDEN. Mr. Speaker, I yield 1 minute to the gentleman from 
Illinois (Mr. Kinzinger), who is a great member of our committee.
  Mr. KINZINGER. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I rise to support the RAY BAUM'S Act. It is fitting that 
this bill be named for him, a shining example of public service and a 
great friend. My heart goes out to his wife and all his family and 
loved ones.

  Mr. Speaker, this legislation reauthorizes the FCC for the first time 
in 28 years. I am proud of the inclusion of two of my bipartisan bills.
  First is the Rural Spectrum Accessibility Act, which Mr. Loebsack and 
I introduced. It expands access to coverage in rural communities by 
allowing licensed, unused spectrum to be sub-allocated to carriers 
serving rural populations.
  The second is the Improving Broadband Access for Veterans Act, which 
Mr. McNerney and I introduced. It requires the FCC to thoroughly 
examine veterans' access to broadband and provide recommendations to 
increase access, especially for rural and low-income veterans.
  Again, this legislation is one more example to show the majority of 
the work done in Congress is bipartisan and sometimes even bicameral.
  Mr. Speaker, I thank the chairman and everybody for working together 
to get this done, and I urge my colleagues to support the RAY BAUM'S 
Act.
  Mr. PALLONE. Mr. Speaker, I yield 2 minutes to the gentleman from 
California (Mr. McNerney).
  Mr. McNERNEY. Mr. Speaker, I thank my ranking member and the chairman 
for yielding. I thank my colleagues on the other side of the aisle for 
their bipartisan efforts here.
  I rise in support of H.R. 4986, the RAY BAUM'S Act. In the first 
place, this bill will help ensure that the incentive auction repack can 
move forward in a timely fashion and that Americans can have access to 
their local broadcasting stations during this period of time.
  On the other hand, I am very proud that this bill includes a 
bipartisan provision that Congressman Kinzinger and I worked on.
  This provision will move us forward in closing the digital divide for 
our Nation's veterans. Access to broadband internet service is critical 
for the more than 20 million veterans across our country, with the 
highest population of veterans residing in California.
  Having a broadband internet connection helps veterans apply for jobs 
more easily, obtain necessary vocational training, communicate with 
family and friends, keep up with current events, access healthcare 
services, and get important information about their benefits and 
military records.
  Without broadband internet access, it is difficult to fully 
participate in today's society. Veterans face many challenges when they 
return home, and not having internet access makes what is already an 
incredibly tough transition process even harder. This is particularly 
likely to be the case for low-income veterans and veterans living in 
rural areas.
  Although we lack specific data on the number of veterans with 
broadband internet access, we know that Americans who live in rural 
areas are less likely to be connected. This is also the case for 
Americans who live at or below the Federal poverty level.
  We must find ways to ensure that veterans, especially the more than 
1.4 million veterans living below the Federal poverty level and the 5.3 
million residing in rural areas, are not left behind.
  This is why my provision directs the Federal Communications 
Commission to examine the current state of broadband access for 
veterans and what can be done to increase access, with a focus on low-
income veterans and veterans residing in rural areas.
  The findings and recommendations from this report will be important 
for paving the way to get more veterans connected. I urge my colleagues 
to vote for this bill.
  Mr. WALDEN. Mr. Speaker, I yield 1 minute to the gentleman from 
Florida (Mr. Bilirakis) to speak on this important legislation.
  Mr. BILIRAKIS. Mr. Speaker, named in memory of a hardworking and 
honorable man, the RAY BAUM'S Act reauthorizes the Federal 
Communications Commission for the first time in 28 years.
  This bill is the result of a wholly bipartisan process that includes 
important provisions that will benefit all our constituents.

                              {time}  1500

  This includes further prohibitions on spoofing calls, reports on 
promoting internet access for low-income veterans, and improving 911 
caller information.
  The bill also provides additional funding for the repack process and 
fosters technology growth by authorizing studies on spectrum available 
for future auctions.
  I applaud the work of the subcommittee on getting this done. This 
bill will truly benefit innovation and our constituents, and I support 
its passage.
  Mr. PALLONE. Mr. Speaker, I yield 2 minutes to the gentleman from 
Iowa (Mr. Loebsack).
  Mr. LOEBSACK. Mr. Speaker, I thank the chair and ranking member for 
working to bring this bill to the floor today.
  Mr. Speaker, I am pleased to see the RAY BAUM'S Act moving forward. 
This bill really is a good example of compromise. No one got everything 
that they wanted, but we worked together to find common ground. I think 
it represents what we need to be doing more of in Washington and in 
this body and what people and I want to see happen more often, namely, 
that Members

[[Page H1412]]

of Congress come together in a bipartisan manner to reach a commonsense 
agreement.
  But today I come to the floor to talk about a piece of legislation, 
the Rural Wireless Access Act, which I was pleased to help introduce 
and incorporate into the larger FCC Reauthorization Act.
  I want to thank, in particular, my friend Mr. Costello for working 
with me on this bipartisan bill. I also want to thank Mrs. Blackburn, 
chair of the Communications and Technology Subcommittee, for helping to 
move this forward.
  This bill, which I introduced last year, would require the FCC to 
establish standards for collecting wireless coverage data. Everyone at 
some point has been driving through places in rural America that don't 
get wireless coverage. Unfortunately, the maps that the FCC uses to fix 
coverage gaps are often inadequate.
  Currently, the standards that define how wireless coverage is 
determined are not sufficient, meaning the coverage maps can be 
incomplete or inaccurate. Without accurate coverage maps, resources 
needed to improve wireless access will not be directed to the areas 
that need the most help, including rural areas.
  I am pleased that the Energy and Commerce Committee agreed to include 
this legislation, the Rural Wireless Access Act, as part of the larger 
package so that we can improve wireless voice and mobile internet 
services and ensure the resources go to the areas that need it the 
most.
  In order to fix the problem, we have to get the data right. I am 
hopeful that the passage of the FCC Reauthorization Act will help folks 
in rural areas get the wireless coverage they need.
  Mr. WALDEN. Mr. Speaker, I yield 1 minute to the gentleman from Ohio 
(Mr. Johnson), who has been a real leader on telecommunications issues.
  Mr. JOHNSON of Ohio. Mr. Speaker, I, too, want to add my strongest, 
deepest sympathies and condolences to Ray Baum's family on his passing.
  Mr. Speaker, I rise today in support of H.R. 4986, the RAY BAUM'S 
Act, to reauthorize the FCC for the first time in 28 years. This 
important legislation also provides transparency and efficiency 
reforms, including language from my bill, H.R. 2636, to create an 
independent inspector general for the FCC.
  Currently, the IG is not only appointed by the chairman, but also 
reports to and is under general supervision of the Chairman of the 
Commission. This legislation would require the President, with the 
advice and consent of the Senate, to appoint the inspector general. It 
is simply good governance and a matter of transparency and 
accountability to have an independent IG.
  Importantly, this legislation also creates and authorizes a broadcast 
repack fund to address the anticipated shortfall in funding available 
to relocate broadcasters who are displaced from the most recent 
spectrum auction. It is important that we provide the funding necessary 
to successfully relocate these broadcasters and ensure an efficient and 
timely transition.
  I urge my colleagues to support this important legislation to 
reauthorize the FCC.
  Mr. PALLONE. Mr. Speaker, I yield 2 minutes to the gentleman from 
California (Mr. Ruiz).
  Mr. RUIZ. Mr. Speaker, I want to thank Chairman Walden, Ranking 
Member Pallone, and the committee for their hard work on this 
bipartisan bill.
  This legislation includes my bill, H.R. 5007, the Tribal Broadband 
Deployment Act, which will direct the FCC to improve broadband access 
on Tribal lands within 30 months.
  For the communities in my congressional district, California's 36th 
District, and throughout our Nation, this will be a game changer. 
Throughout the Coachella Valley, the San Jacinto Mountain communities, 
and the Pass regions of California, rural, underdeveloped Tribal lands 
are spread out among non-Tribal communities, both of which are often 
lacking broadband internet and both of which will benefit.
  My bill will bring real resources and opportunities to these areas, 
improving connectivity and helping to close the digital divide in these 
historically underserved communities. With expanding access to the 
internet, families, students, workers, and businesses will be able to 
harness the power of their ideas and information to achieve their 
dreams and grow our local economies.
  I want to thank Chairman Blackburn for honoring her commitment to 
work with me on this issue.
  I urge the House to pass this important bipartisan bill.
  Mr. WALDEN. Mr. Speaker, I yield 1 minute to the gentleman from 
Pennsylvania (Mr. Costello), a very important member of our committee.
  Mr. COSTELLO of Pennsylvania. Mr. Speaker, I rise in support of H.R. 
4986, RAY BAUM'S Act of 2018, named after the late Ray Baum, who 
dedicated his life to public service.

  Mr. Speaker, this bill includes important provisions to modernize our 
telecommunications agencies and to craft policies that will fuel next 
generation services like gigabit service and 5G networks. We are going 
to increase access to information and services for millions of 
Americans with this bill, Mr. Speaker.
  5G networks mean doctors can more effectively treat patients that 
live hours away from the closest hospital, automated vehicles can offer 
mobility to our Nation's most vulnerable, small or rural businesses can 
compete beyond their local markets, and it means that first responders 
can more quickly reopen critical lines of communications in the 
aftermath of a natural disaster.
  By passing this bill, we can fully realize the benefits of an 
interconnected and increasingly wireless world. I urge my colleagues to 
support H.R. 4986.
  Mr. PALLONE. Mr. Speaker, I yield 2 minutes to the gentleman from 
Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. Mr. Speaker, I appreciate the gentleman's courtesy in 
permitting me to speak on this.
  This bill, I think, is an example of the politics and legislation 
that Ray Baum would be particularly proud of, characterizing his work 
as a policymaker and a policy adviser.
  I had a chance to work with Ray in his other hats: chairing the 
Public Utilities Commission, as a distinguished legislator and majority 
leader, and, of course, his role here in Congress.
  I appreciate the product we have before us today. I have enjoyed 
listening to people reaffirm areas that they are proud of, making a 
difference for people.
  I appreciate, in particular, the authorization of new spending to 
help broadcasters' expenses relating to spectrum reallocation. This is 
very important, especially for public broadcasting stations.
  But I want to raise one item of concern, and I hope the chairman and 
ranking member would work with us to look at the bill's study of 
spectrum for commercial uses dealing with the mid-band, or C-band, to 
consider public broadcasting.
  I fear that if we are thrust into competitive bidding with public 
broadcasting, they are likely to not be able to compete effectively. 
But it will affect millions of people across the country.
  I applaud the committee's bipartisanship and work with the Senate, 
but I hope that future consideration of the impact of C-band 
reallocation on public broadcasting would be something that the 
committee could look at to make sure that we are protecting those vital 
interests.
  Mr. WALDEN. Mr. Speaker, I would concur with my friend's comments. I 
am happy to work on these issues involving spectrum. I know there are 
multiple uses around, and we want to make sure that those using these 
frequencies are not disadvantaged. I look forward to working with the 
gentleman on that.
  Mr. Speaker, I yield 2 minutes to the gentleman from Louisiana (Mr. 
Scalise), a distinguished member of the Energy and Commerce Committee. 
He also happens to have a pretty important title around here as the 
whip of the House. He has been very involved in telecommunications 
policies since he first came on the Energy and Commerce Committee.
  Mr. SCALISE. Mr. Speaker, I thank the chairman for yielding and for 
his leadership working together in a very bipartisan way to bring 
forward RAY BAUM'S Act. Not only is this piece of legislation important 
to reauthorize the FCC and the important work that they do, but it also 
is a fitting tribute

[[Page H1413]]

to Ray Baum himself and, in so many ways, to all of the work that our 
great staffs do to allow this Capitol to work properly and to allow 
Congress to work for the American people.
  It doesn't just take Members of Congress, but an incredibly dedicated 
and talented staff, and each of us are blessed to have wonderful 
staffs--I am surely no exception--who allow us to do our jobs so well. 
The fact that we are using this legislation to pay tribute to Ray Baum 
and all of the staff of the Capitol, I think, is equally important that 
we do just this.
  Mr. Speaker, President Trump challenged Congress to make the Federal 
Government more accountable to the American people and to eliminate red 
tape that hurts job creation and economic growth. The RAY BAUM'S Act 
does just that.
  First of all, we meet those two goals by doing a number of things. 
The legislation will reauthorize the Federal Communications Commission 
for the first time in 28 years.
  The FCC does important work for our country, especially in the 
telecommunications arena. I am proud to continue to serve on the 
Communications and Technology Subcommittee, which is one of the great 
examples of United States dominance--America is the dominant force in 
technology--and it is important that we have fair rules of the game. 
The FCC is that arbiter. The fact that they haven't been reauthorized 
for 28 years, I think, it is long past due that we get this done. We 
also make critical reforms that will modernize the agencies with tools 
that it needs to meet the demands of consumers for the 21st century.

  This legislation creates an important backstop for our local radio 
and TV broadcasters who have been completing the final stage of the 
incentive auction. This keeps America on track to be the global leader 
on 5G communications by implementing new spectrum policy.
  This is something our committee has led on. The country needs more 
spectrum. We have been able to find creative ways to free up more 
spectrum so that billions of dollars of private sector investment can 
be used to build out these great networks in 3G, 4G, and, now, 5G so 
that we can continue to advance technology.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. WALDEN. Mr. Speaker, I yield the gentleman from Louisiana an 
additional 1 minute.
  Mr. SCALISE. Mr. Speaker, I would like to also thank Chairwoman 
Blackburn for including the FCC Consolidated Reporting Act that I 
worked so closely on with Senator Heller for years to try to get this 
legislation passed. This is included as part of this legislation. This 
will provide relief to so many job creators and to the FCC by 
consolidating and eliminating so many outdated reporting requirements.
  What do I mean by eliminating outdated reporting requirements, Mr. 
Speaker?
  How often do we hear about things that are on the books, laws that 
are on the books that are so outdated and so unnecessary? This is one 
of the reports that we are outdating in this bill.
  Right now, there is still, on the books, a requirement that the FCC 
report on the annual competition within the telegraph industry. Mr. 
Speaker, that is right.
  Since Samuel Morse invented the telegraph back in the 1830s, that 
might have been important in the 1800s, even in the early 1900s; but 
the fact that today, in 2018, there is still a requirement that the FCC 
issue a report on competition within the telegraph industry is a 
glaring example of why it is so important for us to update our laws and 
eliminate outdated laws.
  We are getting rid of this ridiculous requirement and a number of 
other unnecessary and ridiculous requirements like that so that we can 
free the FCC up to do the important work they need to do.

                              {time}  1515

  So, again, I commend the chairman for the work that he has done in a 
very bipartisan way to bring forth the RAY BAUM'S Act, and I urge all 
of my colleagues to support this legislation.
  Mr. PALLONE. Mr. Speaker, I have no additional speakers, and I 
reserve the balance of my time.
  Mr. WALDEN. Mr. Speaker, I yield 1 minute to the gentleman from 
Michigan (Mr. Walberg), who has been a very important member of our 
committee and active on these issues, and he had a provision in this 
legislation as well.
  Mr. WALBERG. Mr. Speaker, I thank the chairman for yielding.
  Mr. Speaker, I would first like to start off by remembering Ray Baum, 
whom this legislation is named after, very appropriately, and I thank 
the chairman for sharing him with us. As was correctly stated by the 
whip, we appreciate the staff that does so much work for us. Leaders 
like Ray Baum are special. He will be missed, but we will carry on in 
his memory and in the quality of service that he supplied.
  The RAY BAUM'S Act does something that hasn't been done in over 28 
years: it reauthorized the Federal Communications Commission. It is 
amazing to think that we have a commission as important as that and it 
hasn't been authorized--or reauthorized, or reauthorized. It is time to 
do it and bring it up to this century, as well, and beyond.
  This bipartisan bill is good, forward-thinking policy that modernizes 
the FCC to ensure it is more transparent, efficient, and able to tackle 
the issues of the 21st century. It maintains the credibility of 
spectrum auctions and the promise the FCC made to Michigan 
broadcasters.
  It paves the way for new spectrum auctions that will allow for the 
United States to maintain its leadership in developing and deploying 
technologies such as 5G and, ultimately, win the race to 5G.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. WALDEN. Mr. Speaker, I yield an additional 30 seconds to the 
gentleman from Michigan.
  Mr. WALBERG. Additionally, it requires the FCC to report to Congress 
on its efforts to promote broadband internet access for veterans, 
especially low-income and rural veterans.
  I would love to have broadband to my home, as well.
  This bill is critical for consumers and our Nation's 
telecommunications infrastructure, and I urge its passage today.
  Mr. PALLONE. Mr. Speaker, in closing, I just want to say, again, that 
this bill is a bipartisan bill. There has been a lot of work done on 
both sides of the aisle. I appreciate the fact that we are able to 
accomplish this and also include a lot of initiatives from Members on 
both sides of the aisle. And, again, as a tribute to Ray Baum and all 
that he did for us over the many years, I am proud to say that we 
enthusiastically support the bill and urge its passage.
  Mr. Speaker, I yield back the balance of my time.
  Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to thank my friend from New Jersey for his good 
work on this legislation and his kind words in memory of our mutual 
friend, Ray Baum.
  I think it would be appropriate, as well, to thank the staff who put 
so much work into this, including Robin Colwell, Tim Kurth, Sean 
Farrell, Lauren McCarty, Evan Viau, and Elena Hernandez on the 
Republican side, and David Goldman, Gerald Leverich, and Dan Miller on 
the minority side. We thank all of them for working both here and on 
the Senate side.
  Mr. Speaker, I just want to quickly go through the provisions again, 
because this really is important.
  For more than a quarter of a century, the FCC has not been 
reauthorized. We do that here, thanks to Chairwoman Blackburn's 
legislation.
  Second, we take care of our broadcasters, both public and private, 
and their translators, including FM translators as well as public 
broadcasting.
  Mr. Pallone has been a long champion of the repack effort and, of 
course, his SANDy legislation.
  You heard from Mr. Scalise on the legislation to consolidate 
redundant and outdated FCC reports: get rid of the ones we don't need, 
streamline the rest, and bring efficiency.
  Mr. Johnson's legislation to establish an independent inspector 
general at the FCC, this is just good government we can all embrace.
  Congresswoman Mimi Walters' legislation gives the chief information 
officer of the FCC the authority to play a significant role in 
planning, budgeting, and programming.
  Congresswoman Grace Meng's bill to prohibit spoofing calls or texts 
originating outside the U.S., plus an 18-month shot clock, is put on 
the FCC to

[[Page H1414]]

conduct rulemaking in this matter. I think we are all kind of getting 
tired of those spoofs we get on our phones. It looks like they are 
coming from our hometowns, and it turns out they are not. We are going 
to try to get to the bottom of this and have the FCC work to do that.
  Congressman Guthrie and Congresswoman Matsui's bill to include a 
spectrum auction deposit fix, this will actually allow future actions 
to go forward legally. They couldn't do that under existing law because 
of an interpretation, and so we fixed that. That was very, very 
important.
  Congressmen McNerney and Kinzinger's legislation to require the FCC 
to report to Congress on promoting internet excess for veterans, we all 
know how important that is, especially those low-income veterans in our 
rural communities.
  Congressman Loebsack's legislation to improve mapping methodology for 
mobile coverage, we need to know where we have service in America and 
where we don't and have numbers we can trust.
  Representative Ruiz's legislation is very, very important, dealing 
with broadband in Tribal areas and carrying out rulemaking to address 
unserved Tribal areas. We have lots of Tribal areas in our country that 
lack service.

  Anna Eshoo's legislation to provide further improvements on 911 
caller information that builds on Kari's Law that we have already 
approved, that is really, really important.
  And, again, Eliot Engel's legislation requires the National 
Telecommunications and Information Administration, the NTIA, to study 
and consider how the agency can best coordinate the interagency process 
following cybersecurity incidents.
  It just goes on and on, including Senator Thune's MOBILE NOW Act that 
will help us move forward on 5G.
  So, as you can see, this is comprehensive, thoughtful, well-written 
legislation on telecommunications, moves our country forward, 
reauthorizes the FCC, and is a fitting tribute to my friend and our 
policy leader, Mr. Ray Baum from Oregon.
  Mr. Speaker, I encourage my colleagues to support this legislation, 
and I yield back the balance of my time.
  Ms. ESHOO. Mr. Speaker, I rise today in support of H.R. 4986, the RAY 
BAUM'S Act, the first FCC reauthorization in 28 years, named for our 
dear friend, the late Ray Baum.
  This bill is the product of many long hours of hard work to achieve a 
bipartisan, bicameral compromise. While no bill is perfect, this 
legislation contains many solid policy advancements for digital 
communications in the 21st century.
  I'm especially glad to see two bills I've championed for many years 
included in this package, `Dig Once' which I first introduced in 2009, 
and the RESPONSE Act, which I first introduced in 2010. Broadband is 
essential for every community in our country to function today, just as 
the physical roads and bridges we travel on are. For nearly a decade, 
I've been pushing for a `Dig Once' policy, a commonsense proposal to 
ensure broadband conduit is included in the buildout of roads and 
highways when they're being built and where there's a demonstrated need 
for broadband access, rather than tearing up roads later. Dig Once will 
enable states to make it easier for broadband providers to enter new 
and underserved markets by laying the broadband conduit during 
construction.
  H.R. 4986 also includes the RESPONSE Act that ensures that multi-line 
telephones commonly found in office buildings and hotels are equipped 
with location accuracy technologies. This is essential for responders 
to locate a 911 caller in a large building as quickly as possible 
because lives are literally on the line and every second counts. This 
provision will help save lives.
  I'm disappointed that the FCC Collaboration Act was excluded from the 
final version of H.R. 4986. This is another bipartisan, commonsense 
proposal that I have consistently introduced since 2009. It passed out 
of the Communications and Technology subcommittee, the full Energy and 
Commerce committee, and previously passed the full House, all with 
bipartisan support. All of the former Democratic and Republican FCC 
members have supported this policy one hundred percent. It's 
unfortunate that despite such broad support, this provision was 
stripped from the final bill despite our work in Committee.
  I also want to express my concerns about some parts of the bill which 
consolidate the FCC's reporting on issues like price hikes, 
competition, and program diversity, and the scaling back of provisions 
on critical unlicensed spectrum. I worry that we'll regret weakening 
these public interest policies. Nonetheless, I support H.R. 4986 as a 
set of largely positive developments for consumers, policymakers, and 
many other stakeholders in the communications marketplace. I want to 
thank Chairman Walden for his hard work on this, and urge my colleagues 
to vote YES on H.R. 4986, the RAY BAUM'S Act of 2018.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Oregon (Mr. Walden) that the House suspend the rules and 
pass the bill, H.R. 4986, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill to amend 
the Communications Act of 1934 to reauthorize appropriations for the 
Federal Communications Commission, and for other purposes.''.
  A motion to reconsider was laid on the table.

                          ____________________