[House Report 116-521]
[From the U.S. Government Publishing Office]


116th Congress }                                          { Report
                        HOUSE OF REPRESENTATIVES
  2d Session   }                                          { 116-521

======================================================================
 
                 DON'T BREAK UP THE T-BAND ACT OF 2020

                                _______
                                

 September 18, 2020.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 451]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 451) to repeal the section of the Middle Class 
Tax Relief and Job Creation Act of 2012 that requires the 
Federal Communications Commission to reallocate and auction the 
T-Band spectrum, having considered the same, reports favorably 
thereon with amendments and recommends that the bill as amended 
do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................4
 II. Background and Need for the Legislation..........................4
 III.Committee Hearings...............................................5

 IV. Committee Consideration..........................................6
  V. Committee Votes..................................................6
 VI. Oversight Findings...............................................6
 VII.New Budget Authority, Entitlement Authority, and Tax Expenditures6

 VIIIFederal Mandates Statement.......................................7
   .
 IX. Statement of General Performance Goals and Objectives............7
  X. Duplication of Federal Programs..................................7
 XI. Committee Cost Estimate..........................................7
 XII.Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......7

 XIIIAdvisory Committee Statement.....................................7
   .
 XIV.Applicability to Legislative Branch..............................7

 XV. Section-by-Section Analysis of the Legislation...................8
 XVI.Changes in Existing Law Made by the Bill, as Reported............9


    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Don't Break Up the T-Band Act of 
2020''.

SEC. 2. REPEAL OF REQUIREMENT TO REALLOCATE AND AUCTION T-BAND 
                    SPECTRUM.

  (a) Repeal.--Section 6103 of the Middle Class Tax Relief and Job 
Creation Act of 2012 (47 U.S.C. 1413) is repealed.
  (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by striking the item relating to section 6103.

SEC. 3. CLARIFYING ACCEPTABLE 9-1-1 OBLIGATIONS OR EXPENDITURES.

  Section 6 of the Wireless Communications and Public Safety Act of 
1999 (47 U.S.C. 615a-1) is amended--
          (1) in subsection (f)--
                  (A) in paragraph (1), by striking ``as specified in 
                the provision of State or local law adopting the fee or 
                charge'' and inserting ``consistent with the purposes 
                and functions designated in the final rules issued 
                under paragraph (3) as purposes and functions for which 
                the obligation or expenditure of such a fee or charge 
                is acceptable'';
                  (B) in paragraph (2), by striking ``any purpose other 
                than the purpose for which any such fees or charges are 
                specified'' and inserting ``any purpose or function 
                other than the purposes and functions designated in the 
                final rules issued under paragraph (3) as purposes and 
                functions for which the obligation or expenditure of 
                any such fees or charges is acceptable''; and
                  (C) by adding at the end the following:
          ``(3) Acceptable obligations or expenditures.--
                  ``(A) Rules required.--In order to prevent diversion 
                of 9-1-1 fees or charges, the Commission shall, not 
                later than 180 days after the date of the enactment of 
                this paragraph, issue final rules designating purposes 
                and functions for which the obligation or expenditure 
                of 9-1-1 fees or charges, by any State or taxing 
                jurisdiction authorized to impose such a fee or charge, 
                is acceptable.
                  ``(B) Purposes and functions.--The purposes and 
                functions designated under subparagraph (A) shall be 
                limited to the support and implementation of 9-1-1 
                services provided by or in the State or taxing 
                jurisdiction imposing the fee or charge and operational 
                expenses of public safety answering points within such 
                State or taxing jurisdiction. In designating such 
                purposes and functions, the Commission shall consider 
                the purposes and functions that States and taxing 
                jurisdictions specify as the intended purposes and 
                functions for the 9-1-1 fees or charges of such States 
                and taxing jurisdictions, and determine whether such 
                purposes and functions directly support providing 9-1-1 
                services.
                  ``(C) Consultation required.--The Commission shall 
                consult with public safety organizations and States and 
                taxing jurisdictions as part of any proceeding under 
                this paragraph.
                  ``(D) Definitions.--In this paragraph:
                          ``(i) 9-1-1 fee or charge.--The term `9-1-1 
                        fee or charge' means a fee or charge applicable 
                        to commercial mobile services or IP-enabled 
                        voice services specifically designated by a 
                        State or taxing jurisdiction for the support or 
                        implementation of 9-1-1 services.
                          ``(ii) 9-1-1 services.--The term `9-1-1 
                        services' has the meaning given such term in 
                        section 158(e) of the National 
                        Telecommunications and Information 
                        Administration Organization Act (47 U.S.C. 
                        942(e)).
                          ``(iii) State or taxing jurisdiction.--The 
                        term `State or taxing jurisdiction' means a 
                        State, political subdivision thereof, Indian 
                        Tribe, or village or regional corporation 
                        serving a region established pursuant to the 
                        Alaska Native Claims Settlement Act (43 U.S.C. 
                        1601 et seq.).
          ``(4) Participation.--If a State or taxing jurisdiction (as 
        defined in paragraph (3)(D)) receives a grant under section 158 
        of the National Telecommunications and Information 
        Administration Organization Act (47 U.S.C. 942) after the date 
        of the enactment of this paragraph, such State or taxing 
        jurisdiction shall, as a condition of receiving such grant, 
        provide the information requested by the Commission to prepare 
        the report required by paragraph (2).
          ``(5) Petition regarding additional purposes and functions.--
                  ``(A) In general.--A State or taxing jurisdiction (as 
                defined in paragraph (3)(D)) may submit to the 
                Commission a petition for a determination that an 
                obligation or expenditure of a 9-1-1 fee or charge (as 
                defined in such paragraph) by such State or taxing 
                jurisdiction for a purpose or function other than a 
                purpose or function designated under paragraph (3)(A) 
                should be treated as such a purpose or function. If the 
                Commission finds that the State or taxing jurisdiction 
                has provided sufficient documentation to make the 
                demonstration described in subparagraph (B), the 
                Commission shall grant such petition.
                  ``(B) Demonstration described.--The demonstration 
                described in this subparagraph is a demonstration that 
                the purpose or function--
                          ``(i) supports public safety answering point 
                        functions or operations; or
                          ``(ii) has a direct impact on the ability of 
                        a public safety answering point to--
                                  ``(I) receive or respond to 9-1-1 
                                calls; or
                                  ``(II) dispatch emergency 
                                responders.''; and
          (2) by adding at the end the following:
  ``(j) Severability Clause.--If any provision of this section or the 
application thereof to any person or circumstance is held invalid, the 
remainder of this section and the application of such provision to 
other persons or circumstances shall not be affected thereby.''.

SEC. 4. PROHIBITION ON 9-1-1 FEE OR CHARGE DIVERSION.

  (a) In General.--If the Commission obtains evidence that suggests the 
diversion by a State or taxing jurisdiction of 9-1-1 fees or charges, 
the Commission shall submit such information, including any information 
regarding the impact of any underfunding of 9-1-1 services in the State 
or taxing jurisdiction, to the interagency strike force established 
under subsection (c).
  (b) Report to Congress.--Beginning with the first report under 
section 6(f)(2) of the Wireless Communications and Public Safety Act of 
1999 (47 U.S.C. 615a-1(f)(2)) that is required to be submitted after 
the date that is 1 year after the date of the enactment of this Act, 
the Commission shall include in each report required under such section 
all evidence that suggests the diversion by a State or taxing 
jurisdiction of 9-1-1 fees or charges, including any information 
regarding the impact of any underfunding of 9-1-1 services in the State 
or taxing jurisdiction.
  (c) Interagency Strike Force to End 9-1-1 Fee or Charge Diversion.--
          (1) Establishment.--Not later than 180 days after the date of 
        the enactment of this Act, the Commission shall establish an 
        interagency strike force to study how the Federal Government 
        can most expeditiously end diversion by a State or taxing 
        jurisdiction of 9-1-1 fees or charges. Such interagency strike 
        force shall be known as the ``Ending 9-1-1 Fee Diversion Now 
        Strike Force'' (in this section referred to as the ``Strike 
        Force'').
          (2) Duties.--In carrying out the study under paragraph (1), 
        the Strike Force shall--
                  (A) determine the effectiveness of any Federal laws, 
                including regulations, policies, and practices, or 
                budgetary or jurisdictional constraints regarding how 
                the Federal Government can most expeditiously end 
                diversion by a State or taxing jurisdiction of 9-1-1 
                fees or charges;
                  (B) consider whether criminal penalties would further 
                prevent diversion by a State or taxing jurisdiction of 
                9-1-1 fees or charges; and
                  (C) determine the impacts of diversion by a State or 
                taxing jurisdiction of 9-1-1 fees or charges.
          (3) Members.--The Strike Force shall be composed of such 
        representatives of Federal departments and agencies as the 
        Commission considers appropriate, in addition to--
                  (A) State attorneys general;
                  (B) States or taxing jurisdictions found not to be 
                engaging in diversion of 9-1-1 fees or charges;
                  (C) States or taxing jurisdictions trying to stop the 
                diversion of 9-1-1 fees or charges;
                  (D) State 9-1-1 administrators;
                  (E) public safety organizations;
                  (F) groups representing the public and consumers; and
                  (G) groups representing public safety answering point 
                professionals.
          (4) Report to congress.--Not later than 270 days after the 
        date of the enactment of this Act, the Strike Force shall 
        publish on the website of the Commission 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 findings of the 
        study under this subsection, including--
                  (A) any recommendations regarding how to most 
                expeditiously end the diversion by a State or taxing 
                jurisdiction of 9-1-1 fees or charges, including 
                actions that can be taken by Federal departments and 
                agencies and appropriate changes to law or regulations; 
                and
                  (B) a description of what progress, if any, relevant 
                Federal departments and agencies have made in 
                implementing the recommendations under subparagraph 
                (A).
  (d) Failure to Comply.--Notwithstanding any other provision of law, 
any State or taxing jurisdiction identified by the Commission in the 
report required under section 6(f)(2) of the Wireless Communications 
and Public Safety Act of 1999 (47 U.S.C. 615a-1(f)(2)) as engaging in 
diversion of 9-1-1 fees or charges shall be ineligible to participate 
or send a representative to serve on any committee, panel, or council 
established under section 6205(a) of the Middle Class Tax Relief and 
Job Creation Act of 2012 (47 U.S.C. 1425(a)) or any advisory committee 
established by the Commission.

SEC. 5. RULE OF CONSTRUCTION.

  Nothing in this Act, the Wireless Communications and Public Safety 
Act of 1999 (Public Law 106-81), or the Communications Act of 1934 (47 
U.S.C. 151 et seq.) shall be construed to prevent a State or taxing 
jurisdiction from requiring an annual audit of the books and records of 
a provider of 9-1-1 services concerning the collection and remittance 
of a 9-1-1 fee or charge.

SEC. 6. DEFINITIONS.

  In this Act:
          (1) 9-1-1 fee or charge.--The term ``9-1-1 fee or charge'' 
        has the meaning given such term in subparagraph (D) of 
        paragraph (3) of section 6(f) of the Wireless Communications 
        and Public Safety Act of 1999, as added by this Act.
          (2) 9-1-1 services.--The term ``9-1-1 services'' has the 
        meaning given such term in section 158(e) of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 942(e)).
          (3) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
          (4) Diversion.--The term ``diversion'' means, with respect to 
        a 9-1-1 fee or charge, the obligation or expenditure of such 
        fee or charge for a purpose or function other than the purposes 
        and functions designated in the final rules issued under 
        paragraph (3) of section 6(f) of the Wireless Communications 
        and Public Safety Act of 1999, as added by this Act, as 
        purposes and functions for which the obligation or expenditure 
        of such a fee or charge is acceptable.
          (5) State or taxing jurisdiction.--The term ``State or taxing 
        jurisdiction'' has the meaning given such term in subparagraph 
        (D) of paragraph (3) of section 6(f) of the Wireless 
        Communications and Public Safety Act of 1999, as added by this 
        Act.

    Amend the title so as to read:
    A bill to repeal the requirement to reallocate and auction 
the T-Band spectrum, to amend the Wireless Communications and 
Public Safety Act of 1999 to clarify acceptable 9-1-1 
obligations or expenditures, and for other purposes.

                         I. Purpose and Summary

    H.R. 451, the ``Don't Break Up the T-Band Act of 2020'', 
was introduced on January 10, 2019, by Representatives Eliot L. 
Engel (D-NY), Lee M. Zeldin (R-NY), Al Green (D-TX), and Peter 
T. King (R-NY), and the bill was referred to the Committee on 
Energy and Commerce. H.R. 451 would repeal a provision of law 
requiring the Federal Communications Commission (FCC) to 
reallocate and auction a band of electromagnetic spectrum in 
the 470-512 MHz band, commonly known as the ``T-Band 
spectrum.'' Additionally, H.R. 451 directs the FCC to take 
steps to end the practice of 9-1-1 fee diversion by States and 
taxing jurisdictions.

                II. Background and Need for Legislation

    In 1970, the FCC granted public safety entities and 
business-industrial users in 11 major metropolitan areas access 
to certain portions of the electromagnetic spectrum between 470 
MHz and 512 MHz on a shared basis with incumbent TV broadcast 
users.\1\ Since 1971, local and regional public safety and law 
enforcement entities have built out radio and data 
communications systems that today serve a combined population 
of more than 90 million Americans.\2\
---------------------------------------------------------------------------
    \1\Federal Communications Commission, Amendment of Parts 2, 89, 91, 
and 93, First Report and Order, Docket No. 18261, 23 FCC 2d 325 (1970). 
The 11 major metro areas utilizing the T-Band are: New York City, Los 
Angeles, Chicago, Washington/Baltimore, Philadelphia, San Francisco, 
Boston, Dallas/Fort Worth, Houston, Miami, and Pittsburgh.
    \2\See National Public Safety Telecommunications Council, T-Band 
Update Report (May 2016).
---------------------------------------------------------------------------
    As part of the Middle Class Tax Relief and Job Creation Act 
of 2012, Congress directed the FCC to reallocate the T-Band 
spectrum used by public safety entities for commercial use.\3\ 
The FCC is required to commence an auction of the T-Band 
spectrum by February 2021 and clear all public safety 
operations from the band by early 2023.\4\ Proceeds from the 
auction would then go toward covering relocation costs imposed 
on displaced public safety users through a grant program 
administered by the National Telecommunications and Information 
Administration.\5\
---------------------------------------------------------------------------
    \3\Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 
No. 112-96, Sec. 1603 (codified at 47 U.S.C. Sec. 1413).
    \4\See National Public Safety Telecommunications Council, T-Band 
Report (Mar. 2013).
    \5\Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 
No. 112-96, Sec. 1603 (codified at 47 U.S.C. Sec. 1413).
---------------------------------------------------------------------------
    According to a June 2019 Government Accountability Office 
report, however, FCC officials estimate that revenues from 
auctioning the entire T-Band would not reach $2 billion, while 
the costs associated with relocating the incumbent public 
safety users are estimated to exceed $5 to $6 billion.\6\
---------------------------------------------------------------------------
    \6\Government Accountability Office, Emergency Communications: 
Required Auction of Public Safety Spectrum Could Harm First Responder 
Capabilities (Jun. 2019) (GAO-19-508).
---------------------------------------------------------------------------
    Separately, each State has the authority to impose and 
collect fees or charges, applicable to commercial mobile 
services or IP-enabled voice services, for the support or 
implementation of 9-1-1 or enhanced 9-1-1 services.\7\ The FCC 
is required to submit an annual report to Congress on these 
fees and other charges that States collect to support 9-1-1 
services.\8\ In its most recent report, the FCC found that 
States and other reporting jurisdictions collected roughly 
$2.68 billion in 9-1-1 fees or charges in 2018.\9\ According to 
the FCC's Public Safety and Homeland Security Bureau, five of 
the 56 jurisdictions that responded to the FCC's data request 
were found to have diverted or transferred a combined $187 
million in 9-1-1 fees or charges for purposes other than 
funding 9-1-1 or Enhanced 9-1-1 services or system 
upgrades.\10\
---------------------------------------------------------------------------
    \7\New and Emerging Technologies 911 Improvement Act of 2008, Pub. 
L. No. 110-283 (codified at 47 U.S.C. Sec. 615a-1(f)(1)).
    \8\Id. at Sec. 615a-1(f)(2).
    \9\Federal Communications Commission, Eleventh Annual Report to 
Congress on State Collection and Distribution of 911 and Enhanced 911 
Fees and Charges at 32 (Dec. 19, 2019).
    \10\Id. at 39. The States identified as diverting 911 funds in 2018 
were Nevada, New Jersey, New York, Rhode Island, and West Virginia.
---------------------------------------------------------------------------

                        III. Committee Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearing was used to develop or 
consider H.R. 451:
    The Subcommittee on Communications and Technology held a 
legislative hearing on February 27, 2020, entitled 
``Strengthening Communications Networks to Help Americans in 
Crisis.'' The Subcommittee received testimony from the 
following witnesses:
           Matthew Gerst, Vice President, Regulatory 
        Affairs, CTIA;
           Sue Ann Atkerson, CEO, Behavioral Health 
        Link;
           Anthony Gossner, Fire Chief, City of Santa 
        Rosa (Calif.);
           Joseph Torres, Senior Director of Strategy 
        and Engagement, Free Press and Free Press Action;
           Daniel Henry, Regulatory Counsel and 
        Director of Government Affairs, National Emergency 
        Number Association; and
           Allen F. Bell, Distribution Manager, Georgia 
        Power Company.

                      IV. Committee Consideration

    Representatives Engel (D-NY), Zeldin (R-NY), Green (D-TX), 
and King (R-NY) introduced H.R. 451, the ``Don't Break Up the 
T-Band Act of 2019'', on January 10, 2019, and the bill was 
referred to the Committee on Energy and Commerce. Subsequently, 
H.R. 451 was referred to the Subcommittee on Communications and 
Technology on January 25, 2019. A legislative hearing was held 
on the bill on February 27, 2020.
    On March 10, 2020, the Subcommittee on Communications and 
Technology met in open markup session, pursuant to notice, to 
consider H.R. 451. During consideration of the bill, an 
amendment offered by Mr. Walden of Oregon was agreed to by a 
voice vote. Subsequently, the Subcommittee on Communications 
and Technology agreed by a voice vote to a motion by Mr. Doyle, 
Chairman of the subcommittee, to favorably forward H.R. 451, 
amended, to the full Committee on Energy and Commerce.
    On July 15, 2020, the full Committee met in virtual open 
markup session, pursuant to notice, to consider a committee 
print of the bill H.R. 451, showing the text of the bill as 
amended by the Subcommittee on Communications and Technology on 
March 10, 2020. There were no amendments offered to the 
committee print of H.R. 451. Upon conclusion of consideration 
of the bill, the full Committee agreed to a motion on final 
passage by Mr. Pallone, Chairman of the committee, to order 
H.R. 451 reported favorably to the House, as amended, by a 
voice vote, a quorum being present.

                           V. Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there were no record votes taken on H.R. 
451, including the motion for final passage of the bill.

                         VI. Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. New Budget Authority, Entitlement Authority, and Tax Expenditures

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to 
preserve critical public safety spectrum and to end the 
practice of diverting 9-1-1 fees for unrelated purposes.

                   X. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 451 is known to be duplicative of another Federal program, 
including any program that was included in a report to Congress 
pursuant to section 21 of Public Law 111-139 or the most recent 
Catalog of Federal Domestic Assistance.

                      XI. Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 451 contains no earmarks, limited tax 
benefits, or limited tariff benefits.

                   XIII. Advisory Committee Statement

    One advisory committee within the meaning of section 5(b) 
of the Federal Advisory Committee Act was created by this 
legislation.

                XIV. Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 designates that the short title may be cited as 
the ``Don't Break Up the T-Band Act of 2020''.

Sec. 2. Repeal of requirement to reallocate and auction T-Band spectrum

    Section 2 repeals Section 6103 of the Middle Class Tax 
Relief and Job Creation Act of 2012 (47 U.S.C. 1413).
    Section 6103 of the Middle Class Tax Relief and Job 
Creation Act of 2012 requires the FCC to reallocate the 
spectrum in the 470-510 MHz band, or T-Band, and begin a system 
of competitive bidding under section 309(j) of the 
Communications Act of 1934 (47 U.S.C. 309(j)) to grant new 
licenses for the use of the T-Band.

Sec. 3. Clarifying acceptable 9-1-1 obligations or expenditures

    Section 3 requires the FCC to issue final rules, not later 
than 180 days after the date of enactment of this paragraph, 
designating purposes and functions for which the obligation or 
expenditure of 9-1-1 fees or charges by a State or taxing 
jurisdiction is acceptable for purposes of the FCC's 9-1-1 fee 
accountability report submitted annually to Congress under 
section 6(f)(2) of the Wireless Communications and Public 
Safety Act of 1999 (47 U.S.C. 615a-1(f)(2)). This section 
stipulates that the purposes and functions that the FCC 
designates must be limited to the support and implementation of 
9-1-1 services and operational expenses of public safety 
answering points within the State or taxing jurisdiction 
imposing the fee or charge. As part of any proceeding to 
designate purposes and functions for which the obligation or 
expenditure of 9-1-1 fees or charges is acceptable, the FCC is 
required to consider the input of public safety organizations 
and States and taxing jurisdictions.
    Section 3 also requires any State or taxing jurisdiction 
that receives a grant under section 158 of the National 
Telecommunications and Information Administration Organization 
Act (47 U.S.C. 942) to provide information requested by the FCC 
regarding the 9-1-1 fees or charges imposed by the State or 
taxing jurisdiction, as a condition of receiving the grant.
    This section also provides definitions for the terms 9-1-1 
fee or charge, 9-1-1 services, and State or taxing 
jurisdiction.

Sec. 4. Prohibition on 9-1-1 fee or charge diversion

    Section 4 directs the FCC to establish the ``Ending 9-1-1 
Fee Diversion Now Strike Force'' (Strike Force) to study how 
the Federal government can end diversion of 9-1-1 fees or 
charges by States or taxing jurisdictions. If the FCC obtains 
evidence suggesting the incidence of 9-1-1 fee diversion by a 
State or taxing jurisdiction, the FCC is required to submit the 
evidence to the Strike Force, and include the evidence in the 
subsequent 9-1-1 fee accountability report submitted annually 
to Congress under section 6(f)(2) of the Wireless 
Communications and Public Safety Act of 1999 (47 U.S.C. 615a-
1(f)(2)).
    The Strike Force is to be composed of State attorneys 
general, States or taxing jurisdictions found not to be 
engaging in diversion of 9-1-1 fees or charges, States or 
taxing jurisdictions trying to stop the diversion of 9-1-1 fees 
or charges, State 9-1-1 administrators, public safety 
organizations, groups representing the public and consumers, 
and groups representing public safety answering point 
professionals. In the study required under this section, the 
Strike Force should determine the effectiveness of existing 
laws, regulations, policies, or practices to stop diversion of 
9-1-1 fees or charges, as well as the impact of 9-1-1 fee 
diversion by States or taxing jurisdictions.
    This section also directs the Strike Force to submit to 
Congress, and publish on the website of the FCC, a report on 
the findings of the study including any recommendations for how 
to most expeditiously end the practice of 9-1-1 fee diversion.

Sec. 5. Rule of construction

    Section 5 clarifies that nothing in this legislation 
prevents a State or taxing jurisdiction from requiring an 
annual audit of a provider of 9-1-1 services concerning the 
collection and remittance of a 9-1-1 fee or charge.

Sec. 6. Definitions

    Section 6 provides definitions for the terms 9-1-1 fee or 
charge, 9-1-1 services, Commission, diversion, and State or 
taxing jurisdiction.

       XVI. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

          MIDDLE CLASS TAX RELIEF AND JOB CREATION ACT OF 2012


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Middle Class 
Tax Relief and Job Creation Act of 2012''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

  TITLE VI--PUBLIC SAFETY COMMUNICATIONS AND ELECTROMAGNETIC SPECTRUM 
                                AUCTIONS

     * * * * * * *

           Subtitle A--Reallocation of Public Safety Spectrum

     * * * * * * *
[Sec. 6103. 470-512 MHz public safety spectrum.]

           *       *       *       *       *       *       *


  TITLE VI--PUBLIC SAFETY COMMUNICATIONS AND ELECTROMAGNETIC SPECTRUM 
AUCTIONS

           *       *       *       *       *       *       *


Subtitle A--Reallocation of Public Safety Spectrum

           *       *       *       *       *       *       *


[SEC. 6103. 470-512 MHZ PUBLIC SAFETY SPECTRUM.

  [(a) In General.--Not later than 9 years after the date of 
enactment of this title, the Commission shall--
          [(1) reallocate the spectrum in the 470-512 MHz band 
        (referred to in this section as the ``T-Band 
        spectrum'') currently used by public safety eligibles 
        as identified in section 90.303 of title 47, Code of 
        Federal Regulations; and
          [(2) begin a system of competitive bidding under 
        section 309(j) of the Communications Act of 1934 (47 
        U.S.C. 309(j)) to grant new initial licenses for the 
        use of the spectrum described in paragraph (1).
  [(b) Auction Proceeds.--Proceeds (including deposits and 
upfront payments from successful bidders) from the competitive 
bidding system described in subsection (a)(2) shall be 
available to the Assistant Secretary to make grants in such 
sums as necessary to cover relocation costs for the relocation 
of public safety entities from the T-Band spectrum.
  [(c) Relocation.--Relocation shall be completed not later 
than 2 years after the date on which the system of competitive 
bidding described in subsection (a)(2) is completed.]

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         WIRELESS COMMUNICATIONS AND PUBLIC SAFETY ACT OF 1999



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SEC. 6. DUTY TO PROVIDE 9-1-1 AND ENHANCED 9-1-1 SERVICE.

  (a) Duties.--It shall be the duty of each IP-enabled voice 
service provider to provide 9-1-1 service and enhanced 9-1-1 
service to its subscribers in accordance with the requirements 
of the Federal Communications Commission, as in effect on the 
date of enactment of the New and Emerging Technologies 911 
Improvement Act of 2008 and as such requirements may be 
modified by the Commission from time to time.
  (b) Parity for IP-Enabled Voice Service Providers.--An IP-
enabled voice service provider that seeks capabilities to 
provide 9-1-1 and enhanced 9-1-1 service from an entity with 
ownership or control over such capabilities, to comply with its 
obligations under subsection (a), shall, for the exclusive 
purpose of complying with such obligations, have a right of 
access to such capabilities, including interconnection, to 
provide 9-1-1 and enhanced 9-1-1 service on the same rates, 
terms, and conditions that are provided to a provider of 
commercial mobile service (as such term is defined in section 
332(d) of the Communications Act of 1934 (47 U.S.C. 332(d))), 
subject to such regulations as the Commission prescribes under 
subsection (c).
  (c) Regulations.--The Commission--
          (1) within 90 days after the date of enactment of the 
        New and Emerging Technologies 911 Improvement Act of 
        2008, shall issue regulations implementing such Act, 
        including regulations that--
                  (A) ensure that IP-enabled voice service 
                providers have the ability to exercise their 
                rights under subsection (b);
                  (B) take into account any technical, network 
                security, or information privacy requirements 
                that are specific to IP-enabled voice services; 
                and
                  (C) provide, with respect to any capabilities 
                that are not required to be made available to a 
                commercial mobile service provider but that the 
                Commission determines under subparagraph (B) of 
                this paragraph or paragraph (3) are necessary 
                for an IP-enabled voice service provider to 
                comply with its obligations under subsection 
                (a), that such capabilities shall be available 
                at the same rates, terms, and conditions as 
                would apply if such capabilities were made 
                available to a commercial mobile service 
                provider;
          (2) shall require IP-enabled voice service providers 
        to which the regulations apply to register with the 
        Commission and to establish a point of contact for 
        public safety and government officials relative to 9-1-
        1 and enhanced 9-1-1 service and access; and
          (3) may modify such regulations from time to time, as 
        necessitated by changes in the market or technology, to 
        ensure the ability of an IP-enabled voice service 
        provider to comply with its obligations under 
        subsection (a) and to exercise its rights under 
        subsection (b).
  (d) Delegation of Enforcement to State Commissions.--The 
Commission may delegate authority to enforce the regulations 
issued under subsection (c) to State commissions or other State 
or local agencies or programs with jurisdiction over emergency 
communications. Nothing in this section is intended to alter 
the authority of State commissions or other State or local 
agencies with jurisdiction over emergency communications, 
provided that the exercise of such authority is not 
inconsistent with Federal law or Commission requirements.
  (e) Implementation.--
          (1) Limitation.--Nothing in this section shall be 
        construed to permit the Commission to issue regulations 
        that require or impose a specific technology or 
        technological standard.
          (2) Enforcement.--The Commission shall enforce this 
        section as if this section was a part of the 
        Communications Act of 1934. For purposes of this 
        section, any violations of this section, or any 
        regulations promulgated under this section, shall be 
        considered to be a violation of the Communications Act 
        of 1934 or a regulation promulgated under that Act, 
        respectively.
  (f) State Authority Over Fees.--
          (1) Authority.--Nothing in this Act, the 
        Communications Act of 1934 (47 U.S.C. 151 et seq.), the 
        New and Emerging Technologies 911 Improvement Act of 
        2008, or any Commission regulation or order shall 
        prevent the imposition and collection of a fee or 
        charge applicable to commercial mobile services or IP-
        enabled voice services specifically designated by a 
        State, political subdivision thereof, Indian tribe, or 
        village or regional corporation serving a region 
        established pursuant to the Alaska Native Claims 
        Settlement Act, as amended (85 Stat. 688) for the 
        support or implementation of 9-1-1 or enhanced 9-1-1 
        services, provided that the fee or charge is obligated 
        or expended only in support of 9-1-1 and enhanced 9-1-1 
        services, or enhancements of such services, [as 
        specified in the provision of State or local law 
        adopting the fee or charge] consistent with the 
        purposes and functions designated in the final rules 
        issued under paragraph (3) as purposes and functions 
        for which the obligation or expenditure of such a fee 
        or charge is acceptable. For each class of subscribers 
        to IP-enabled voice services, the fee or charge may not 
        exceed the amount of any such fee or charge applicable 
        to the same class of subscribers to telecommunications 
        services.
          (2) Fee accountability report.--To ensure efficiency, 
        transparency, and accountability in the collection and 
        expenditure of a fee or charge for the support or 
        implementation of 9-1-1 or enhanced 9-1-1 services, the 
        Commission shall submit a report within 1 year after 
        the date of enactment of the New and Emerging 
        Technologies 911 Improvement Act of 2008, and annually 
        thereafter, to the Committee on Commerce, Science and 
        Transportation of the Senate and the Committee on 
        Energy and Commerce of the House of Representatives 
        detailing the status in each State of the collection 
        and distribution of such fees or charges, and including 
        findings on the amount of revenues obligated or 
        expended by each State or political subdivision thereof 
        for [any purpose other than the purpose for which any 
        such fees or charges are specified] any purpose or 
        function other than the purposes and functions 
        designated in the final rules issued under paragraph 
        (3) as purposes and functions for which the obligation 
        or expenditure of any such fees or charges is 
        acceptable.
          (3) Acceptable obligations or expenditures.--
                  (A) Rules required.--In order to prevent 
                diversion of 9-1-1 fees or charges, the 
                Commission shall, not later than 180 days after 
                the date of the enactment of this paragraph, 
                issue final rules designating purposes and 
                functions for which the obligation or 
                expenditure of 9-1-1 fees or charges, by any 
                State or taxing jurisdiction authorized to 
                impose such a fee or charge, is acceptable.
                  (B) Purposes and functions.--The purposes and 
                functions designated under subparagraph (A) 
                shall be limited to the support and 
                implementation of 9-1-1 services provided by or 
                in the State or taxing jurisdiction imposing 
                the fee or charge and operational expenses of 
                public safety answering points within such 
                State or taxing jurisdiction. In designating 
                such purposes and functions, the Commission 
                shall consider the purposes and functions that 
                States and taxing jurisdictions specify as the 
                intended purposes and functions for the 9-1-1 
                fees or charges of such States and taxing 
                jurisdictions, and determine whether such 
                purposes and functions directly support 
                providing 9-1-1 services.
                  (C) Consultation required.--The Commission 
                shall consult with public safety organizations 
                and States and taxing jurisdictions as part of 
                any proceeding under this paragraph.
                  (D) Definitions.--In this paragraph:
                          (i) 9-1-1 fee or charge.--The term 
                        ``9-1-1 fee or charge'' means a fee or 
                        charge applicable to commercial mobile 
                        services or IP-enabled voice services 
                        specifically designated by a State or 
                        taxing jurisdiction for the support or 
                        implementation of 9-1-1 services.
                          (ii) 9-1-1 services.--The term ``9-1-
                        1 services'' has the meaning given such 
                        term in section 158(e) of the National 
                        Telecommunications and Information 
                        Administration Organization Act (47 
                        U.S.C. 942(e)).
                          (iii) State or taxing jurisdiction.--
                        The term ``State or taxing 
                        jurisdiction'' means a State, political 
                        subdivision thereof, Indian Tribe, or 
                        village or regional corporation serving 
                        a region established pursuant to the 
                        Alaska Native Claims Settlement Act (43 
                        U.S.C. 1601 et seq.).
          (4) Participation.--If a State or taxing jurisdiction 
        (as defined in paragraph (3)(D)) receives a grant under 
        section 158 of the National Telecommunications and 
        Information Administration Organization Act (47 U.S.C. 
        942) after the date of the enactment of this paragraph, 
        such State or taxing jurisdiction shall, as a condition 
        of receiving such grant, provide the information 
        requested by the Commission to prepare the report 
        required by paragraph (2).
          (5) Petition regarding additional purposes and 
        functions.--
                  (A) In general.--A State or taxing 
                jurisdiction (as defined in paragraph (3)(D)) 
                may submit to the Commission a petition for a 
                determination that an obligation or expenditure 
                of a 9-1-1 fee or charge (as defined in such 
                paragraph) by such State or taxing jurisdiction 
                for a purpose or function other than a purpose 
                or function designated under paragraph (3)(A) 
                should be treated as such a purpose or 
                function. If the Commission finds that the 
                State or taxing jurisdiction has provided 
                sufficient documentation to make the 
                demonstration described in subparagraph (B), 
                the Commission shall grant such petition.
                  (B) Demonstration described.--The 
                demonstration described in this subparagraph is 
                a demonstration that the purpose or function--
                          (i) supports public safety answering 
                        point functions or operations; or
                          (ii) has a direct impact on the 
                        ability of a public safety answering 
                        point to--
                                  (I) receive or respond to 9-
                                1-1 calls; or
                                  (II) dispatch emergency 
                                responders.
  (g) Availability of PSAP Information.--The Commission may 
compile a list of public safety answering point contact 
information, contact information for providers of selective 
routers, testing procedures, classes and types of services 
supported by public safety answering points, and other 
information concerning 9-1-1 and enhanced 9-1-1 elements, for 
the purpose of assisting IP-enabled voice service providers in 
complying with this section, and may make any portion of such 
information available to telecommunications carriers, wireless 
carriers, IP-enabled voice service providers, other emergency 
service providers, or the vendors to or agents of any such 
carriers or providers, if such availability would improve 
public safety.
  (h) Development of standards.--The Commission shall work 
cooperatively with public safety organizations, industry 
participants, and the E-911 Implementation Coordination Office 
to develop best practices that promote consistency, where 
appropriate, including procedures for--
          (1) defining geographic coverage areas for public 
        safety answering points;
          (2) defining network diversity requirements for 
        delivery of IP-enabled 9-1-1 and enhanced 9-1-1 calls;
          (3) call-handling in the event of call overflow or 
        network outages;
          (4) public safety answering point certification and 
        testing requirements;
          (5) validation procedures for inputting and updating 
        location information in relevant databases; and
          (6) the format for delivering address information to 
        public safety answering points.
  (i) Rule of Construction.--Nothing in the New and Emerging 
Technologies 911 Improvement Act of 2008 shall be construed as 
altering, delaying, or otherwise limiting the ability of the 
Commission to enforce the Federal actions taken or rules 
adopted obligating an IP-enabled voice service provider to 
provide 9-1-1 or enhanced 9-1-1 service as of the date of 
enactment of the New and Emerging Technologies 911 Improvement 
Act of 2008.
  (j) Severability Clause.--If any provision of this section or 
the application thereof to any person or circumstance is held 
invalid, the remainder of this section and the application of 
such provision to other persons or circumstances shall not be 
affected thereby.

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