[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.
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