[House Report 117-429]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 117-429
======================================================================
SPECTRUM INNOVATION ACT OF 2022
_______
July 22, 2022.--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. 7624]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 7624) to make available additional frequencies
in the 3.1-3.45 GHz band for non-Federal use, shared Federal
and non-Federal use, or a combination thereof, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
I. Purpose and Summary............................................. 15
II. Background and Need for the Legislation......................... 15
III. Committee Hearings.............................................. 16
IV. Committee Consideration......................................... 17
V. Committee Votes................................................. 18
VI. Oversight Findings.............................................. 21
VII. New Budget Authority, Entitlement Authority, and Tax Expenditure 21
VIII.Federal Mandates Statement...................................... 21
IX. Statement of General Performance Goals and Objectives........... 21
X. Duplication of Federal Programs................................. 21
XI. Committee Cost Estimate......................................... 21
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits..... 22
XIII.Advisory Committee Statement.................................... 22
XIV. Applicability to Legislative Branch............................. 22
XV. Section-by-Section Analysis of the Legislation.................. 22
XVI. Changes in Existing Law Made by the Bill, as Reported........... 24
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Spectrum Innovation
Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SPECTRUM AUCTIONS AND INNOVATION
Sec. 101. Spectrum auctions and innovation.
TITLE II--SECURE AND TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT
PROGRAM
Sec. 201. Increase in limitation on expenditure.
TITLE III--NEXT GENERATION 9-1-1
Sec. 301. Further deployment and coordination of Next Generation 9-1-1.
Sec. 302. Transfer to NTIA of sole responsibility for certain 9-1-1
implementation coordination functions.
TITLE IV--INCUMBENT INFORMING CAPABILITY
Sec. 401. Incumbent informing capability.
TITLE V--EXTENSION OF FCC AUCTION AUTHORITY
Sec. 501. Extension of FCC auction authority.
TITLE VI--PUBLIC SAFETY AND SECURE NETWORKS FUND
Sec. 601. Public Safety and Secure Networks Fund.
TITLE I--SPECTRUM AUCTIONS AND INNOVATION
SEC. 101. SPECTRUM AUCTIONS AND INNOVATION.
(a) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Covered band.--The term ``covered band'' means the band
of frequencies between 3100 megahertz and 3450 megahertz,
inclusive.
(4) Federal entity.--The term ``Federal entity'' has the
meaning given such term in section 113(l) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(l)).
(5) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Energy and Commerce of the House
of Representatives;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on Armed Services of the House of
Representatives; and
(D) the Committee on Armed Services of the Senate.
(6) Relocation or sharing costs.--The term ``relocation or
sharing costs'' has the meaning given such term in section
113(g)(3) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(g)(3)).
(7) Secretary.--The term ``Secretary'' means the Secretary of
Commerce.
(b) 3.1-3.45 GHz Band.--
(1) Pipeline funding.--
(A) In general.--Federal entities with operations in
the covered band that the Assistant Secretary
determines might be affected by reallocation of the
covered band may request funding to carry out
activities as described under subparagraph (A) of
subsection (g)(2) of section 118 of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 928) in order to make
available the entire covered band for non-Federal use,
shared Federal and non-Federal use, or a combination
thereof, including by making available--
(i) frequencies in the covered band for
identification by the Secretary under paragraph
(2)(A); and
(ii) frequencies in the covered band for
identification by the Secretary under paragraph
(2)(B).
(B) Plan.--Federal entities with operations in the
covered band that the Assistant Secretary determines
might be affected by reallocation of the covered band
shall submit a plan in accordance with subparagraph (E)
of subsection (g)(2) of section 118 of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 928) to request funding.
(C) Exemption.--Section 118(g)(2)(D)(ii) of the
National Telecommunications and Information
Administration Organization Act (47 U.S.C.
928(g)(2)(D)(ii)) shall not apply with respect to the
payment required under subparagraph (A).
(D) Oversight.--The Assistant Secretary and the
Executive Office of the President shall continuously
review and provide oversight of the activities carried
out using a payment under subparagraph (A) and a
payment pursuant to section 90008 of the Infrastructure
Investment and Jobs Act (Public Law 117-58; 135 Stat.
1348; 47 U.S.C. 921 note).
(E) Report to secretary of commerce and congress.--
Not later than 15 months after the date of enactment of
this Act, for the purposes of aiding the Secretary in
making the identification under paragraph (2) and
informed by the activities carried out using a payment
under subparagraph (A) or a payment pursuant to section
90008 of the Infrastructure Investment and Jobs Act
(Public Law 117-58; 135 Stat. 1348; 47 U.S.C. 921
note), any Federal entity receiving such a payment, in
consultation with the Assistant Secretary and the
Executive Office of the President, shall submit to the
Secretary and the relevant congressional committees a
report that--
(i) contains the findings of the activities
carried out using such payment; and
(ii) recommends--
(I) frequencies in the covered band
for identification by the Secretary
under paragraph (2)(A); and
(II) frequencies in the covered band
for identification by the Secretary
under paragraph (2)(B).
(2) Identification.--Not later than 21 months after the date
of enactment of this Act, informed by the activities carried
out using a payment under paragraph (1)(A) and the report
required under paragraph (1)(E), the Secretary, in consultation
with the Secretary of Defense, the Director of the Office of
Science and Technology Policy, and the Commission, shall submit
to the President, the Commission, and the relevant
congressional committees a report that--
(A) identifies for inclusion in a system of
competitive bidding under paragraph (3) at least 200
megahertz of frequencies in the covered band for non-
Federal use, shared Federal and non-Federal use, or a
combination thereof; and
(B) identifies additional frequencies in the covered
band that could be made available for non-Federal use,
shared Federal and non-Federal use, or a combination
thereof.
(3) Auction.--
(A) In general.--Not later than 7 years after the
date of enactment of this Act, the Commission, in
coordination with the Assistant Secretary, shall
commence a system of competitive bidding under section
309(j) of the Communications Act of 1934 (47 U.S.C.
309(j)), in accordance with paragraph (2) of this
subsection, of the frequencies identified under
subparagraph (A) of that paragraph.
(B) Prohibition.--No entity that is on the list
required by section 2 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1601)
may participate in the system of competitive bidding
required by subparagraph (A).
(C) Scope.--The Commission may not include in the
system of competitive bidding required by subparagraph
(A) any frequencies that are not in the covered band.
(D) Deposit of proceeds.--Notwithstanding
subparagraphs (A), (C)(i), and (D) of section 309(j)(8)
of the Communications Act of 1934 (47 U.S.C. 309(j)(8))
and except as provided in subparagraph (B) of such
section, the proceeds (including deposits and upfront
payments from successful bidders) of the system of
competitive bidding required by subparagraph (A) of
this paragraph (in this subparagraph referred to as the
``covered proceeds'') shall be deposited or available
as follows:
(i) Such amount of the covered proceeds as is
necessary to cover the relocation or sharing
costs of Federal entities relocated from or
sharing the frequencies identified under
paragraph (2)(A) of this subsection shall be
deposited in the Spectrum Relocation Fund
established under section 118 of the National
Telecommunications and Information
Administration Organization Act (47 U.S.C.
928).
(ii) After the amount required to be
deposited by clause (i) is so deposited, any
remainder of the covered proceeds shall be
deposited in the Public Safety and Secure
Networks Fund established by section 601.
(4) Modification or withdrawal.--
(A) In general.--The President shall modify or
withdraw any assignment to a Federal Government station
of the frequencies identified under paragraph (2)(A) to
accommodate non-Federal use, shared Federal and non-
Federal use, or a combination thereof in accordance
with that paragraph.
(B) Limitations.--The President may not modify or
withdraw any assignment to a Federal Government station
as described in subparagraph (A)--
(i) unless the President determines that such
modification or withdrawal will not compromise
the primary mission of a Federal entity
operating in the covered band; or
(ii) before November 30, 2024.
(5) Auction proceeds to cover 110 percent of federal
relocation or sharing costs.--Nothing in this subsection shall
be construed to relieve the Commission from the requirements
under section 309(j)(16)(B) of the Communications Act of 1934
(47 U.S.C. 309(j)(16)(B)).
(6) Rules authorizing additional use of spectrum in covered
band.--Not later than 4 years after the date of enactment of
this Act, the Commission, in coordination with the Assistant
Secretary, shall adopt rules that authorize the use of spectrum
in the covered band identified under paragraph (2)(B) for non-
Federal use, shared Federal and non-Federal use, or a
combination thereof.
(c) FCC Auction Authority.--
(1) Termination.--Section 309(j)(11) of the Communications
Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking
``2025'' and all that follows and inserting ``2026, and with
respect to the electromagnetic spectrum identified under
section 101(b)(2)(A) of the Spectrum Innovation Act of 2022,
such authority shall expire on the date that is 7 years after
the date of enactment of that Act.''.
(2) Spectrum pipeline act of 2015.--Section 1004 of the
Spectrum Pipeline Act of 2015 (Public Law 114-74; 129 Stat.
621; 47 U.S.C. 921 note) is amended--
(A) in subsection (a), by striking ``2022'' and
inserting ``2024'';
(B) in subsection (b)(1), by striking ``2022'' and
inserting ``2024''; and
(C) in subsection (c)(1)(B), by striking ``2024'' and
inserting ``2026''.
(d) Repeal.--Section 90008 of the Infrastructure Investment and Jobs
Act (Public Law 117-58; 135 Stat. 1348; 47 U.S.C. 921 note), and the
item relating to such section in the table of contents in section 1(b)
of such Act, are repealed.
(e) Rule of Construction.--Nothing in this section shall be construed
to alter or impede the activities previously authorized by subsection
(b)(1)(A) of section 90008 of the Infrastructure Investment and Jobs
Act (Public Law 117-58; 135 Stat. 1348; 47 U.S.C. 921 note) so long as
such efforts are in accordance with subsection (b) of this section.
TITLE II--SECURE AND TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT
PROGRAM
SEC. 201. INCREASE IN LIMITATION ON EXPENDITURE.
Section 4(k) of the Secure and Trusted Communications Networks Act of
2019 (47 U.S.C. 1603(k)) is amended by striking ``$1,900,000,000'' and
inserting ``$5,300,000,000''.
TITLE III--NEXT GENERATION 9-1-1
SEC. 301. FURTHER DEPLOYMENT AND COORDINATION OF NEXT GENERATION 9-1-1.
(a) Additional Duties of the 9-1-1 Implementation Coordination Office
With Respect to Next Generation 9-1-1.--Section 158 of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 942) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B), by inserting ``and section
159'' after ``section''; and
(B) by adding at the end the following:
``(4) Additional duties of the office with respect to next
generation 9-1-1.--
``(A) Additional duties.--The Office shall--
``(i) take actions, in concert with the
coordinators designated in accordance with
section 159(b)(3)(A)(ii), to improve
coordination and communication with respect to
the implementation of Next Generation 9-1-1;
``(ii) develop, collect, and disseminate
information concerning the practices,
procedures, and technology used in the
implementation of Next Generation 9-1-1;
``(iii) advise and assist eligible entities
in the preparation of implementation plans
required under section 159(b)(2)(A)(iii);
``(iv) provide technical assistance to
eligible entities provided a grant under
section 159(b) in support of efforts to explore
efficiencies related to Next Generation 9-1-1;
``(v) receive, review, and recommend to the
Assistant Secretary and the Administrator the
approval or disapproval of applications for
grants under section 159(b); and
``(vi) oversee the use of funds provided by
such grants in fulfilling such implementation
plans.
``(B) Annual reports.--Not later than October 1,
2023, and each year thereafter until funds made
available to make grants under section 159(b) are no
longer available to be expended, the Assistant
Secretary and the Administrator shall submit to
Congress a report on the activities conducted by the
Office under subparagraph (A) in the year preceding the
submission of the report.''; and
(2) in subsection (d)(2), by striking ``section'' each place
it appears and inserting ``section (except for paragraphs (1)
and (4) of subsection (a) and for subsection (e))''.
(b) Coordination of Next Generation 9-1-1 Implementation.--Part C of
the National Telecommunications and Information Administration
Organization Act (47 U.S.C. 901 et seq.) is amended by adding at the
end the following:
``SEC. 159. COORDINATION OF NEXT GENERATION 9-1-1 IMPLEMENTATION.
``(a) Additional Functions of 9-1-1 Implementation Coordination
Office.--
``(1) Management plan.--
``(A) Development.--The Assistant Secretary and the
Administrator shall develop a management plan for the
grant program established under this section, including
by developing--
``(i) plans related to the organizational
structure of such program; and
``(ii) funding profiles for each fiscal year
of the duration of such program.
``(B) Submission to congress.--Not later than 180
days after the date of the enactment of this section,
the Assistant Secretary and the Administrator shall--
``(i) submit the management plan developed
under subparagraph (A) to--
``(I) the Committees on Commerce,
Science, and Transportation and
Appropriations of the Senate; and
``(II) the Committees on Energy and
Commerce and Appropriations of the
House of Representatives; and
``(ii) publish the management plan developed
under subparagraph (A) on the website of the
National Telecommunications and Information
Administration.
``(2) Modification of plan.--
``(A) Modification.--The Assistant Secretary and the
Administrator may modify the management plan developed
under paragraph (1)(A).
``(B) Submission.--Not later than 90 days after the
plan is modified under subparagraph (A), the Assistant
Secretary and the Administrator shall--
``(i) submit the modified plan to--
``(I) the Committees on Commerce,
Science, and Transportation and
Appropriations of the Senate; and
``(II) the Committees on Energy and
Commerce and Appropriations of the
House of Representatives; and
``(ii) publish the modified plan on the
website of the National Telecommunications and
Information Administration.
``(b) Next Generation 9-1-1 Implementation Grants.--
``(1) Grants.--The Assistant Secretary and the Administrator,
acting through the Office, shall provide grants to eligible
entities for--
``(A) implementing Next Generation 9-1-1;
``(B) maintaining Next Generation 9-1-1;
``(C) training directly related to implementing,
maintaining, and operating Next Generation 9-1-1 if the
cost related to the training does not exceed 3 percent
of the total grant award;
``(D) public outreach and education on how the public
can best use Next Generation 9-1-1 and the capabilities
and usefulness of Next Generation 9-1-1;
``(E) administrative costs associated with planning
of Next Generation 9-1-1, including any cost related to
planning for and preparing an application and related
materials as required by this subsection, if--
``(i) the cost is fully documented in
materials submitted to the Office; and
``(ii) the cost is reasonable, necessary, and
does not exceed 1 percent of the total grant
award; and
``(F) costs associated with implementing
cybersecurity measures at emergency communications
centers or with respect to Next Generation 9-1-1.
``(2) Application.--In providing grants under paragraph (1),
the Assistant Secretary and the Administrator, acting through
the Office, shall require an eligible entity to submit to the
Office an application, at the time and in the manner determined
by the Assistant Secretary and the Administrator, and
containing the certification required by paragraph (3).
``(3) Coordination required.--Each eligible entity shall
include in the application required by paragraph (2) a
certification that--
``(A) in the case of an eligible entity that is a
State, the entity--
``(i) has coordinated the application with
the emergency communications centers located
within the jurisdiction of the entity;
``(ii) has designated a single officer or
governmental body to serve as the State point
of contact to coordinate the implementation of
Next Generation 9-1-1 for that State, except
that such designation need not vest such
officer or governmental body with direct legal
authority to implement Next Generation 9-1-1 or
to manage emergency communications operations;
and
``(iii) has developed and submitted a plan
for the coordination and implementation of Next
Generation 9-1-1 that--
``(I) ensures interoperability by
requiring the use of commonly accepted
standards;
``(II) ensures reliable operations;
``(III) enables emergency
communications centers to process,
analyze, and store multimedia, data,
and other information;
``(IV) incorporates cybersecurity
tools, including intrusion detection
and prevention measures;
``(V) includes strategies for
coordinating cybersecurity information
sharing between Federal, State, Tribal,
and local government partners;
``(VI) uses open and competitive
request for proposal processes,
including through shared government
procurement vehicles, for deployment of
Next Generation 9-1-1;
``(VII) documents how input was
received and accounted for from
relevant rural and urban emergency
communications centers, regional
authorities, local authorities, and
Tribal authorities;
``(VIII) includes a governance body
or bodies, either by creation of new,
or use of existing, body or bodies, for
the development and deployment of Next
Generation 9-1-1 that--
``(aa) ensures full notice
and opportunity for
participation by relevant
stakeholders; and
``(bb) consults and
coordinates with the State
point of contact required by
clause (ii);
``(IX) creates efficiencies related
to Next Generation 9-1-1 functions,
including cybersecurity and the
virtualization and sharing of
infrastructure, equipment, and
services; and
``(X) utilizes an effective,
competitive approach to establishing
authentication, credentialing, secure
connections, and access in deploying
Next Generation 9-1-1, including by--
``(aa) requiring certificate
authorities to be capable of
cross-certification with other
authorities;
``(bb) avoiding risk of a
single point of failure or
vulnerability; and
``(cc) adhering to Federal
agency best practices such as
those promulgated by the
National Institute of Standards
and Technology; and
``(B) in the case of an eligible entity that is a
Tribal Organization, the Tribal Organization has
complied with clauses (i) and (iii) of subparagraph
(A).
``(4) Criteria.--
``(A) In general.--Not later than 1 year after the
date of the enactment of this section, the Assistant
Secretary and the Administrator shall issue
regulations, after providing the public with notice and
an opportunity to comment, prescribing the criteria for
selection for grants under this subsection.
``(B) Requirements.--The criteria shall--
``(i) include performance requirements and a
schedule for completion of any project to be
financed by a grant under this subsection; and
``(ii) specifically permit regional or multi-
State applications for funds.
``(C) Updates.--The Assistant Secretary and the
Administrator shall update such regulations as
necessary.
``(5) Grant certifications.--Each eligible entity shall
certify to the Assistant Secretary and the Administrator at the
time of application, and each eligible entity that receives
such a grant shall certify to the Assistant Secretary and the
Administrator annually thereafter during any period of time the
funds from the grant are available to the eligible entity,
that--
``(A) beginning on the date that is 180 days before
the date on which the application as filed, no portion
of any 9-1-1 fee or charge imposed by the eligible
entity (or in the case that the eligible entity is not
a State or Tribal organization, any State or taxing
jurisdiction within which the eligible entity will
carry out, or is carrying out, activities using grant
funds) are obligated or expended for a purpose or
function not designated under the rules issued pursuant
to section 6(f)(3) of the Wireless Communications and
Public Safety Act of 1999 (47 U.S.C. 615a-1(f)(3)) (as
such rules are in effect on the date on which the
eligible entity makes the certification) as acceptable;
``(B) any funds received by the eligible entity will
be used consistent with subsection (b)(1) to support
the deployment of Next Generation 9-1-1 that ensures
reliability and interoperability, by requiring the use
of commonly accepted standards;
``(C) the eligible entity (or in the case that the
eligible entity is not a State or Tribal organization,
any State or taxing jurisdiction within which the
eligible entity will carry out or is carrying out
activities using grant funds) has established, or has
committed to establish not later than 3 years following
the date on which the grant funds are distributed to
the eligible entity--
``(i) a sustainable funding mechanism for
Next Generation 9-1-1; and
``(ii) effective cybersecurity resources for
Next Generation 9-1-1;
``(D) the eligible entity will promote
interoperability between emergency communications
centers deploying Next Generation 9-1-1 and emergency
response providers, including users of the nationwide
public safety broadband network;
``(E) the eligible entity has or will take steps to
coordinate with adjoining States and Tribes to
establish and maintain Next Generation 9-1-1; and
``(F) the eligible entity has developed a plan for
public outreach and education on how the public can
best use Next Generation 9-1-1 and on the capabilities
and usefulness of Next Generation 9-1-1.
``(6) Condition of grant.--Each eligible entity shall agree,
as a condition of receipt of a grant made under this
subsection, that if any State or taxing jurisdiction within
which the eligible entity will carry out activities using grant
funds, during any period of time during which the funds from
the grant are available to the eligible entity, fails to comply
a certification required under paragraph (5), all of the funds
from such grant shall be returned to the Office.
``(7) Penalty for providing false information.--Any eligible
entity that provides a certification under paragraph (5)
knowing that the information provided in the certification was
false shall--
``(A) not be eligible to receive the grant under this
subsection;
``(B) return any grant awarded under this subsection;
and
``(C) not be eligible to receive any subsequent
grants under this subsection.
``(8) Prohibition.--Grant funds provided under this
subsection may not be used--
``(A) to support any activity of the First Responder
Network Authority; or
``(B) to make any payments to a person who has been,
for reasons of national security, prohibited by any
entity of the Federal Government from bidding on a
contract, participating in an auction, or receiving a
grant.
``(c) Definitions.--In this section and sections 160 and 161:
``(1) 9-1-1 fee or charge.--The term ` 9-1-1 fee or charge'
has the meaning given such term in section 6(f)(3)(D) of the
Wireless Communications and Public Safety Act of 1999 (47
U.S.C. 615a-1(f)(3)(D)), as such rules are in effect as of the
date of the certification.
``(2) 9-1-1 request for emergency assistance.--The term `9-1-
1 request for emergency assistance' means a communication, such
as voice, text, picture, multimedia, or any other type of data
that is sent to a facility for the purpose of requesting
emergency assistance.
``(3) Administrator.--The term `Administrator' means the
Administrator of the National Highway Traffic Safety
Administration.
``(4) Commonly accepted standards.--The term `commonly
accepted standards' mean the technical standards followed by
the communications industry for network, device, and Internet
Protocol connectivity that--
``(A) enable interoperability; and
``(B) are--
``(i) developed and approved by a standards
development organization that is accredited by
an American or international standards body
(such as the American National Standards
Institute or International Code Council) in a
process--
``(I) that is open to the public,
including open for participation by any
person; and
``(II) provides for a conflict
resolution process;
``(ii) subject to an open comment and input
process before being finalized by the standards
development organization;
``(iii) consensus-based; and
``(iv) made publicly available once approved.
``(5) Cost related to training.--The term `cost related to
training' means--
``(A) actual wages incurred for travel and
attendance, including any necessary overtime pay and
backfill wage;
``(B) travel expenses;
``(C) instructor expenses; or
``(D) facility costs and training materials.
``(6) Eligible entity.--The term `eligible entity'--
``(A) means a State or a Tribal organization (as
defined in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304));
``(B) may be an entity, including a public authority,
board, or commission, established by one or more
entities described in subparagraph (A); and
``(C) does not include any entity that has failed to
submit the certifications required under subsection
(b)(5).
``(7) Emergency communications center.--The term `emergency
communications center'--
``(A) means a facility that--
``(i) is designated to receive a 9-1-1
request for emergency assistance; and
``(ii) performs one or more of the following
functions--
``(I) process and analyze 9-1-1
requests for emergency assistance and
information and data related to such
requests;
``(II) dispatch appropriate emergency
response providers;
``(III) transfer or exchange 9-1-1
requests for emergency assistance and
information and data related to such
requests with one or more facilities
described under this paragraph and
emergency response providers;
``(IV) analyze any communications
received from emergency response
providers; and
``(V) support incident command
functions; or
``(B) may be a public safety answering point, as
defined in section 222 of the Communications Act of
1934 (47 U.S.C. 222).
``(8) Emergency response provider.--The term `emergency
response provider' has the meaning given that term under
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
``(9) First responder network authority.--The term `First
Responder Network Authority' means the authority established
under 6204 of the Middle Class Tax Relief and Job Creation Act
of 2012 (47 U.S.C. 1424).
``(10) Interoperable.--The term `interoperable' or
`interoperability' means the capability of emergency
communications centers to receive 9-1-1 requests for emergency
assistance and information/data related to such requests, such
as location information and callback numbers from a person
initiating the request, then process and share the 9-1-1
requests for emergency assistance and information/data related
to such requests with other emergency communications centers
and emergency response providers without the need for
proprietary interfaces and regardless of jurisdiction,
equipment, device, software, service provider, or other
relevant factors.
``(11) Nationwide public safety broadband network.--The term
`nationwide public safety broadband network' 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).
``(12) Next generation 9-1-1.--The term `Next Generation 9-1-
1' means an interoperable, secure, Internet Protocol-based
system that--
``(A) employs commonly accepted standards;
``(B) enables emergency communications centers to
receive, process, and analyze all types of 9-1-1
requests for emergency assistance;
``(C) acquires and integrates additional information
useful to handling 9-1-1 requests for emergency
assistance; and
``(D) supports sharing information related to 9-1-1
requests for emergency assistance among emergency
communications centers and emergency response
providers.
``(13) Office.--The term `Office' means the 9-1-1
Implementation Coordination Office established under section
158.
``(14) Reliability.--The term `reliability' or `reliable'
means the employment of sufficient measures to ensure the
ongoing operation of Next Generation 9-1-1 including through
the use of geo-diverse, device- and network-agnostic elements
that provide more than one route between end points with no
common points where a single failure at that point would cause
all to fail.
``(15) State.--The term `State' means any State of the United
States, the District of Columbia, Puerto Rico, American Samoa,
Guam, the United States Virgin Islands, the Northern Mariana
Islands, and any other territory or possession of the United
States.
``(16) Sustainable funding mechanism.--The term `sustainable
funding mechanism' means a funding mechanism that provides
adequate revenues to cover ongoing expenses, including
operations, maintenance, and upgrades.
``(d) Savings Provision.--Nothing in this title, or any amendment
made by this title, shall affect any application pending or grant
awarded under section 158 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 942) before the
date of the enactment of this section.
``SEC. 160. ESTABLISHMENT OF NATIONWIDE NEXT GENERATION 9-1-1
CYBERSECURITY CENTER.
``The Assistant Secretary and the Administrator shall establish a
Next Generation 9-1-1 Cybersecurity Center to Coordinate with State,
local, and regional governments on the sharing of cybersecurity
information about, the analysis of cybersecurity threats to, and
guidelines for strategies to detect and prevent cybersecurity
intrusions relating to Next-Generation 9-1-1.
``SEC. 161. NEXT GENERATION 9-1-1 ADVISORY BOARD.
``(a) Next Generation 9-1-1 Advisory Board.--
``(1) Establishment.--The Assistant Secretary and the
Administrator, acting through the Office, shall establish a
`Public Safety Next Generation 9-1-1 Advisory Board' (in this
section referred to as the `Board') to provide recommendations
to the Office--
``(A) with respect to carrying out the duties and
responsibilities of the Office in issuing the
regulations required under section 159(b);
``(B) as required by paragraph (7); and
``(C) upon request under paragraph (8).
``(2) Membership.--
``(A) Voting members.--Not later than 150 days after
the date of enactment of this section, the Assistant
Secretary and the Administrator, acting through the
Office, shall appoint 16 public safety members to the
Board, of which--
``(i) 4 members shall represent local law
enforcement officials;
``(ii) 4 members shall represent fire and
rescue officials;
``(iii) 4 members shall represent emergency
medical service officials; and
``(iv) 4 members shall represent 9-1-1
professionals.
``(B) Diversity of membership.--Members shall be
representatives of State or Tribes and local
governments, chosen to reflect geographic and
population density differences as well as public safety
organizations at the national level across the United
States.
``(C) Expertise.--All members shall have specific
expertise necessary for developing technical
requirements under this section, such as technical
expertise, and expertise related to public safety
communications and 9-1-1 services.
``(D) Rank and file members.--A rank and file member
from each of the public safety disciplines listed in
clauses (i) through (iv) of subparagraph (A) shall be
appointed as a member of the Board and shall be
selected from an organization that represents their
public safety discipline at the national level.
``(3) Period of appointment.--
``(A) In general.--Except as provided in subparagraph
(B), members of the Board shall serve for a 3-year
term.
``(B) Removal for cause.--A member of the Board may
be removed for cause upon the determination of the
Assistant Secretary and the Administrator.
``(4) Vacancies.--Any vacancy in the Board shall be filled in
the same manner as the original appointment.
``(5) Quorum.--A majority of the members of the Board shall
constitute a quorum.
``(6) Chairperson and vice chairperson.--The Board shall
select a Chairperson and Vice Chairperson from among the voting
members of the Board.
``(7) Duty of board to submit recommendations.--Not later
than 120 days after all members of the Board are appointed
under paragraph (2), the Board shall submit to the Office
recommendations for the following--
``(A) deploying Next Generation 9-1-1 in rural and
urban areas;
``(B) ensuring flexibility in guidance, rules, and
grant funding to allow for technology improvements;
``(C) creating efficiencies related to Next
Generation 9-1-1, including cybersecurity and the
virtualization and sharing of core infrastructure;
``(D) enabling effective coordination among State,
local, Tribal, and territorial government entities to
ensure that the needs of emergency communications
centers in both rural and urban areas are taken into
account in each implementation plan required under
section 159(b)(2)(A)(iii); and
``(E) incorporating existing cybersecurity resources
to Next Generation 9-1-1 procurement and deployment.
``(8) Authority to provide additional recommendations.--
Except as provided in paragraphs (1) and (7), the Board may
provide recommendations to the Office only upon request of the
Office.
``(9) Duration of authority.--The Board shall terminate on
the date on which funds made available to make grants under
section 159(b) are no longer available to be expended.
``(b) Rule of Construction.--Nothing in this section may be construed
as limiting the authority of the Office to seek comment from
stakeholders and the public.''.
SEC. 302. TRANSFER TO NTIA OF SOLE RESPONSIBILITY FOR CERTAIN 9-1-1
IMPLEMENTATION COORDINATION FUNCTIONS.
(a) Transfer.--
(1) Functions.--There are transferred to the Assistant
Secretary all functions that on September 30, 2022, are
assigned to the Administrator, or jointly to the Assistant
Secretary and the Administrator, under section 158, section
159, section 160, and section 161 of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 942).
(2) Personnel and other assets.--The personnel, property,
records, and unexpended balances of appropriations,
allocations, and other funds employed, used, held, available,
or to be made available in connection with a function
transferred to the Assistant Secretary under paragraph (1)
shall be transferred to the Assistant Secretary for use in
connection with the functions transferred.
(3) Authority of director of omb.--The Director of the Office
of Management and Budget, at such time or times as the Director
shall provide, may make--
(A) such determinations as may be necessary with
regard to the functions transferred under paragraph (1)
and the personnel, property, records, and unexpended
balances of appropriations, allocations, and other
funds transferred under paragraph (2); and
(B) such additional incidental dispositions of
personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of
appropriations, authorizations, allocations, and other
funds held, used, arising from, available to, or to be
made available in connection with the functions
transferred under paragraph (1), as may be necessary to
carry out this section and the amendments made by this
section.
(b) References.--On and after October 1, 2022, in the case of any
reference relating to the functions transferred under subsection (a) in
any law, regulation, document, paper, or other record of the United
States--
(1) if such reference is to the Administrator, or to the
Assistant Secretary and the Administrator, such reference shall
be deemed to be to the Assistant Secretary; and
(2) if such reference is to the National Highway Traffic
Safety Administration, or to the National Telecommunications
and Information Administration and the National Highway Traffic
Safety Administration, such reference shall be deemed to be to
the National Telecommunications and Information Administration.
(c) Savings Provisions.--
(1) Documents and actions.--
(A) In general.--All documents and actions described
in subparagraph (B) shall continue in effect according
to their terms until modified, terminated, superseded,
set aside, or revoked in accordance with law by the
Assistant Secretary, any officer or employee
transferred under subsection (a), a court of competent
jurisdiction, or operation of law.
(B) Documents and actions described.--A document or
action described in this subparagraph is any order,
determination, rule, grant, contract, agreement, or
other document or action that--
(i) was issued, made, granted, or allowed to
become effective by the Assistant Secretary,
the Administrator, the Assistant Secretary and
the Administrator, any officer or employee
transferred under subsection (a), or a court of
competent jurisdiction, in the performance of
any function that is transferred under such
subsection; and
(ii) is in effect on September 30, 2022 (or
becomes effective after such day pursuant to
its terms as in effect on such day).
(2) Pending proceedings and applications.--
(A) In general.--This section and the amendments made
by this section shall not affect any proceeding or
application for any benefits, service, license, permit,
certificate, or grant or other financial assistance
relating to the functions transferred under subsection
(a) that was pending on September 30, 2022, before the
Assistant Secretary, the Administrator, the Assistant
Secretary and the Administrator, or any officer or
employee transferred under such subsection, but such
proceeding or application shall be continued. Orders
shall be issued in any such proceeding, and appeals
shall be taken therefrom, as if this section and the
amendments made by this section had not been enacted,
and orders issued in any such proceeding shall continue
in effect until modified, terminated, superseded, or
revoked by the Assistant Secretary, any other
authorized official, a court of competent jurisdiction,
or operation of law.
(B) Substitution.--Notwithstanding subparagraph (A),
on and after October 1, 2022, any proceeding or
application described in such subparagraph that was
pending before the Administrator, or before the
Assistant Secretary and the Administrator, shall be
continued as described in such subparagraph before the
Assistant Secretary.
(C) Rule of construction.--Nothing in this paragraph
shall be construed to prohibit the discontinuance or
modification of any proceeding or application described
in subparagraph (A) under the same terms and conditions
and to the same extent that such proceeding or
application could have been discontinued or modified if
this section and the amendments made by this section
had not been enacted.
(3) Continuation of civil actions.--
(A) In general.--This section and the amendments made
by this section shall not affect any civil action
relating to the functions transferred under subsection
(a) that was commenced before October 1, 2022, by or
against the Assistant Secretary, the Administrator, the
Assistant Secretary and the Administrator, or any
officer or employee transferred under such subsection.
In any such action, proceeding shall be had, appeals
taken, and judgment rendered in the same manner and
with the same effect as if this section and the
amendments made by this section had not been enacted.
(B) Substitution.--Notwithstanding subparagraph (A),
on and after October 1, 2022, in the case of any civil
action described in such subparagraph by or against the
Administrator, or the Assistant Secretary and the
Administrator, the Assistant Secretary shall be
substituted as a party for the Administrator, or the
Assistant Secretary and the Administrator,
respectively.
(4) No change in status of personnel.--In the case of an
officer or employee who is transferred to the Assistant
Secretary under subsection (a), the officer or employee's
grade, compensation, rate of leave, or other benefits that
apply with respect to such officer or employee at the time of
transfer shall not be reduced while such officer or employee
remains continuously employed in performance of the functions
in connection with which such officer or employee is
transferred, other than for cause.
(d) Conforming Amendments.--
(1) National telecommunications and information
administration organization act.--The National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 942), as amended by the preceding provisions of
this Act, is further amended--
(A) in section 158--
(i) by striking ``and the Administrator''
each place it appears; and
(ii) in subsection (a)(1), by striking ``of
the National Highway Traffic Safety
Administration'';
(B) in section 159--
(i) by striking ``and the Administrator''
each place it appears; and
(ii) by striking paragraph (3) of subsection
(c);
(C) in section 160, by striking ``and the
Administrator''; and
(D) in section 161, by striking ``and the
Administrator'' each place it appears.
(2) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2022.
(e) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Highway Traffic Safety
Administration.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
TITLE IV--INCUMBENT INFORMING CAPABILITY
SEC. 401. INCUMBENT INFORMING CAPABILITY.
Part B of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 921 et seq.) is amended by
adding at the end the following:
``SEC. 120. INCUMBENT INFORMING CAPABILITY.
``(a) In General.--The Assistant Secretary shall--
``(1) not later than 120 days after the date of the enactment
of this section, begin to amend the Department of Commerce
spectrum management document entitled `Manual of Regulations
and Procedures for Federal Radio Frequency Management' so as to
incorporate an incumbent informing capability; and
``(2) not later than the date on which the total amount of
funds required to be made available from the Public Safety and
Secure Networks Fund under section 601(c)(3) of the Spectrum
Innovation Act of 2022 is so made available, begin to implement
such capability, including the development and testing of such
capability.
``(b) Establishment of the Incumbent Informing Capability.--
``(1) In general.--The incumbent informing capability
required by subsection (a) shall include a system to enable
sharing, including time-based sharing and coordination, to
securely manage harmful interference between non-Federal users
and incumbent Federal entities sharing a band of covered
spectrum and between Federal entities sharing a band of covered
spectrum.
``(2) Requirements.--The system required by paragraph (1)
shall contain, at a minimum, the following:
``(A) One or more mechanisms to allow non-Federal use
in covered spectrum, as authorized by the rules of the
Commission. Such mechanism or mechanisms shall include
interfaces to commercial sharing systems, as
appropriate.
``(B) One or more mechanisms to facilitate Federal-
to-Federal sharing, as authorized by the NTIA.
``(C) One or more mechanisms to prevent, eliminate,
or mitigate harmful interference to incumbent Federal
entities, including one or more of the following
functions:
``(i) Sensing.
``(ii) Identification.
``(iii) Reporting.
``(iv) Analysis.
``(v) Resolution.
``(D) Dynamic coordination area analysis, definition,
and control, if appropriate for a band.
``(3) Compliance with commission rules.--The incumbent
informing capability required by subsection (a) shall ensure
that use of covered spectrum is in accordance with the
applicable rules of the Commission.
``(4) Input of information.--
``(A) In general.--Each incumbent Federal entity
sharing a band of covered spectrum shall--
``(i) input into the system required by
paragraph (1) such information as the Assistant
Secretary may require, including the frequency,
time, and location of the use of the band by
such Federal entity; and
``(ii) to the extent practicable, input such
information into such system on an automated
basis.
``(B) Payment of costs.--Notwithstanding subsections
(c) through (e) of section 118 and subparagraphs (C)
through (E) of subsection (g)(2) of such section, the
Director of the Office of Management and Budget, in
consultation with the Assistant Secretary, may use
amounts available in the Spectrum Relocation Fund to
pay the costs incurred by Federal entities to input
information as required by subparagraph (A).
``(5) Protection of classified information and controlled
unclassified information.--The system required by paragraph (1)
shall contain appropriate measures to protect classified
information and controlled unclassified information, including
any such classified information or controlled unclassified
information that relates to military operations.
``(c) Briefing.--Not later than 1 year after the date on which the
total amount of funds required to be made available from the Public
Safety and Secure Networks Fund under section 601(c)(3) of the Spectrum
Innovation Act of 2022 is so made available, the Assistant Secretary
shall provide a briefing on the implementation of this section to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
``(d) Definitions.--In this section:
``(1) Covered spectrum.--The term `covered spectrum' means--
``(A) electromagnetic spectrum for which usage rights
are assigned to or authorized for (including before the
date on which the incumbent informing capability
required by subsection (a) is implemented) a non-
Federal user or class of non-Federal users for use on a
shared basis with an incumbent Federal entity in
accordance with the rules of the Commission; and
``(B) electromagnetic spectrum allocated on a primary
or co-primary basis for Federal use that is shared
among Federal entities.
``(2) Federal entity.--The term `Federal entity' has the
meaning given such term in section 113(l).
``(3) Incumbent informing capability.--The term `incumbent
informing capability' means a capability to facilitate the
sharing of covered spectrum.
``(e) Rule of Construction.--Nothing in this section shall be
construed to alter or expand the authority of the NTIA as described in
section 113(j)(1).''.
TITLE V--EXTENSION OF FCC AUCTION AUTHORITY
SEC. 501. EXTENSION OF FCC AUCTION AUTHORITY.
(a) In General.--Section 309(j)(11) of the Communications Act of 1934
(47 U.S.C. 309(j)(11)) is amended by striking ``September 30, 2022''
and inserting ``March 31, 2024''.
(b) Deposit of Proceeds.--
(1) In general.--Notwithstanding subparagraphs (A), (C)(i),
(D), and (G)(iii) of section 309(j)(8) of the Communications
Act of 1934 (47 U.S.C. 309(j)(8)) and except as provided in
subparagraph (B) of such section, the proceeds (including
deposits and upfront payments from successful bidders) of any
system of competitive bidding described in paragraph (2) (in
this paragraph referred to as the ``covered proceeds'') shall
be deposited as follows:
(A) In the case of covered proceeds attributable to
eligible frequencies described in subsection (g)(2) of
section 113 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
923), such amount of such proceeds as is necessary to
cover the relocation or sharing costs (as defined in
subsection (g)(3) of such section) of Federal entities
(as defined in subsection (l) of such section)
relocated from or sharing such eligible frequencies
shall be deposited in the Spectrum Relocation Fund
established under section 118 of such Act (47 U.S.C.
928). Any remainder of such proceeds shall be deposited
in the Public Safety and Secure Networks Fund
established by section 601 of this Act.
(B) In the case of covered proceeds attributable to
spectrum usage rights made available through an
incentive auction under subparagraph (G) of section
309(j)(8) of the Communications Act of 1934 (47 U.S.C.
309(j)(8)), such proceeds shall be deposited in the
Public Safety and Secure Networks Fund established by
section 601 of this Act.
(C) Any other covered proceeds shall be deposited in
the Public Safety and Secure Networks Fund established
by section 601 of this Act.
(2) System of competitive bidding described.--A system of
competitive bidding described in this paragraph is any system
of competitive bidding under section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) that is concluded
during the period beginning on July 1, 2022, and ending on
March 31, 2024, except for the system of competitive bidding
required by section 101(b)(3)(A) of this Act.
TITLE VI--PUBLIC SAFETY AND SECURE NETWORKS FUND
SEC. 601. PUBLIC SAFETY AND SECURE NETWORKS FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Public Safety and Secure
Networks Fund'' (in this section referred to as the ``Fund'').
(b) Accounting for Federal Budget Baseline.--
(1) Proceeds of auction of 2496-2690 mhz band.--In the case
of the proceeds of any system of competitive bidding under
section 309(j) of the Communications Act of 1934 (47 U.S.C.
309(j)) with respect to the frequencies between 2496 megahertz
and 2690 megahertz, inclusive, that are deposited in the Fund
as required by section 501(b) of this Act, the first
$1,700,000,000 of such proceeds shall be deposited in the
general fund of the Treasury, where such amounts shall be
dedicated for the sole purpose of deficit reduction. The
remainder of such proceeds shall be available or deposited
under subsection (c).
(2) Proceeds of required auction of 3.1-3.45 ghz band.--In
the case of the proceeds of the system of competitive bidding
required by subparagraph (A) of section 101(b)(3) that are
deposited in the Fund as required by subparagraph (D) of such
section, the first $16,000,000,000 of such proceeds shall be
deposited in the general fund of the Treasury, where such
amounts shall be dedicated for the sole purpose of deficit
reduction. The remainder of such proceeds shall be available or
deposited under subsection (c).
(c) Use of Funds.--Except as provided in subsection (b), as amounts
are deposited in the Fund, such amounts shall be available or deposited
as follows:
(1) $3,400,000,000 shall be available to the Federal
Communications Commission until expended to make reimbursements
under section 4 of the Secure and Trusted Communications
Networks Act of 2019 (47 U.S.C. 1603).
(2) After the amount required to be made available by
paragraph (1) is so made available, $10,000,000,000 shall be
available to the Assistant Secretary of Commerce for
Communications and Information until expended to carry out
title III of this Act and the amendments made by such title,
except that not more than 4 percent of the amount made
available by this paragraph may be used for administrative
purposes (including carrying out sections 160 and 161 of the
National Telecommunications and Information Administration
Organization Act, as added by such title).
(3) After the amount required to be made available by
paragraph (2) is so made available, $117,400,000 shall be
available to the Assistant Secretary of Commerce for
Communications and Information until expended to carry out
section 120 of the National Telecommunications and Information
Administration Organization Act, as added by section 401 of
this Act.
(4) After the amount required to be made available by
paragraph (3) is so made available, any remaining amounts
deposited in the Fund shall be deposited in the general fund of
the Treasury, where such amounts shall be dedicated for the
sole purpose of deficit reduction.
I. Purpose and Summary
H.R. 7624, the ``Spectrum Innovation Act of 2022,''
advances United States wireless leadership by making additional
spectrum bands available for commercial wireless use, extending
the authority of the Federal Communications Commission (FCC) to
auction these airwaves, and ensuring that the National
Telecommunications and Information Administration (NTIA) has
the authority and resources necessary to develop innovative
spectrum management technologies. Specifically, this
legislation would require the Secretary of Commerce, in
consultation with the Secretary of Defense, the Director of the
Office of Science and Technology Policy, and the FCC, to
identify at least 200 megahertz of spectrum in the 3.1-3.45
gigahertz (GHz) band that could be made available for auction
by the FCC. In addition, the legislation extends the FCC's
general auction authority by 18 months to March 31, 2024. It
also requires NTIA to implement a spectrum management
technology to better enable efficient spectrum usage, including
through spectrum sharing, between federal entities and non-
federal users operating in the same spectrum band and between
federal entities operating in the same spectrum band. Finally,
from the proceeds of the spectrum auctions authorized under
this legislation, the bill would direct funds to be spent first
to fully fund the FCC's Secure and Trusted Communications
Networks Reimbursement Program (Reimbursement Program).
Remaining proceeds, up to $10 billion, would then fund a newly
authorized Next Generation 9-1-1 grant program. Finally, the
next $117.4 million would fund the development of an incumbent
informing capability at NTIA. Any remaining funds after these
programs are fully funded would go to the Department of
Treasury for deficit reduction.
II. Background and Need for Legislation
NTIA and the FCC are the two agencies tasked by Congress to
oversee and manage our nation's electromagnetic spectrum
(spectrum) resources--a finite natural resource.\1\ NTIA
manages federal spectrum allocations as many federal agencies
use spectrum to perform vital operations, including the
Department of Defense, the Department of Transportation, the
National Aeronautics and Space Administration, and the National
Oceanic and Atmospheric Administration.\2\ The FCC is
responsible for overseeing the non-federal use of spectrum,
including commercial usage.\3\
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\1\Communications Act of 1934, Pub. L. No. 73-416; National
Telecommunications and Information Administration Organization Act,
Pub. L. No. 102-538.
\2\National Telecommunications and Information Administration,
Spectrum Management (www.ntia.doc.gov/category/spectrum-management)
(accessed Mar. 1, 2022); National Telecommunications and Information
Administration, Federal Government Spectrum Use Reports 225 MHz-7.125
GHz (https://ntia.gov/page/federal-government-spectrum-use-reports-225-
mhz-7125-ghz) (accessed Mar. 1, 2022).
\3\47 U.S.C. Sec. 301.
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Spectrum is vital for the United States digital economy,
national security, and future wireless innovation. Over the
last few years, the FCC, in collaboration with NTIA in certain
instances, has made several spectrum bands available for fifth-
generation (5G) and next-generation wireless technology use and
has started the process of making other spectrum bands
available for such use.\4\ Nevertheless, it has been reported
that in order for the United States to stay a global leader in
the deployment of 5G and future wireless technologies, such as
6G, the FCC will need to make additional spectrum available,
particularly mid-band spectrum, for commercial use.\5\
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\4\See, e.g., Federal Communications Commission, Report and Order,
Band on Transforming the 2.5 GHz Band (July 2019) (WT Docket No. 18-
120); Federal Communications Commission, Report and Order and Order of
Proposed Modification, Expanding Flexible Use of the 3.7 GHz to 4.2 GHz
Band (Mar. 2020) (GN Docket No. 18-122); and Federal Communications
Commission, Second Report and Order, Order on Reconsideration, and
Order of Proposed Modification, Facilitating Shared Use in the 3100-
3550 MHz Band (Mar. 2021) (WT Docket No. 19-348).
\5\China's 5G Soars Over America's, Wall Street Journal (Feb. 16,
2022).
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The FCC has had the authority to auction spectrum since
Congress passed the Omnibus Budget Reconciliation Act
(Reconciliation Act) in 1993,\6\ and has been conducting
spectrum auctions since 1994.\7\ Since receiving competitive
bidding authority, the FCC has found auctioning spectrum to be
a more efficient means of granting spectrum licenses.\8\
Spectrum auctions have also benefited the American public,
including by raising over $230 billion in federal revenue.\9\
But this grant of authority has, from the start, been subject
to an expiration date.\10\ Congress has extended the FCC's
spectrum auction authority several times over the last three
decades, and never let this authorization lapse. Currently, the
FCC's authority is set to expire on September 30, 2022.\11\
---------------------------------------------------------------------------
\6\Federal Communications Commission, About Auctions (www.fcc.gov/
auctions/about-auctions) (accessed July 14, 2022).
\7\Id.
\8\Id.
\9\Federal Communications Commission, Auctions Summary
(www.fcc.gov/auctions-summary) (accessed July 14, 2022).
\10\Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 103-66.
\11\47 U.S.C. Sec. 309(j).
---------------------------------------------------------------------------
Making additional mid-band spectrum available,
reauthorizing the FCC's auction authority, and ensuring that
shared spectrum is used more efficiently, as contemplated by
H.R. 7624, will provide the FCC and NTIA with the necessary
tools to address our nation's future commercial spectrum needs.
Moreover, by directing that future auction proceeds should fund
critical national security and public safety priorities, this
legislation will also ensure that our nation's
telecommunications networks are safe and secure from foreign
adversaries and that communities across the country have access
to Next Generation 9-1-1, allowing the public to communicate
with emergency communications centers using advanced features,
including pictures, videos, and text messages.
III. Committee Hearings
For the purposes of section 3(c) of rule XIII of the Rules
of the House of Representatives, the following hearings were
used to develop or consider H.R. 7624:
The Subcommittee on Communications and Technology held a
hearing on October 6, 2021. The hearing was entitled,
``Strengthening Our Communications Networks to Meet the Needs
of Consumers.'' The Subcommittee received testimony from the
following witnesses:
The Honorable John Fogle, Council Member,
City of Loveland Colorado, National League of Cities
Information Technology and Communications Committee;
Cheryl A. Leanza, Policy Advisor, United
Church of Christ, Office of Communications, Inc.;
Tim Donovan; SVP, Legislative Affairs,
Competitive Carriers Association; and
Todd Brandenburg, President and CEO,
PocketiNet.
The Subcommittee on Communications and Technology help a
hearing on March 16, 2022. The hearing was entitled, ``5G and
Beyond: Exploring the Next Wireless Frontier.'' The
Subcommittee received testimony from the following witnesses:
Scott Bergmann, Senior Vice President,
Regulatory Affairs, CTIA;
Mary L. Brown, Senior Director, Government
Affairs, Cisco Systems, Inc.;
Greg Guice, Director of Government Affairs,
Public Knowledge;
Jayne Stancavage, Global Executive Director
for Product and Digital Infrastructure Policy, Intel
Corporation; and
Von Todd, Chief Executive of Corporate
Strategy and Analytics, HTC Inc. and Director,
Competitive Carriers Association Board of Directors.
The Subcommittee on Communications and Technology held a
legislative hearing on May 24, 2022. The hearing was entitled,
``Strengthening our Communications Networks: Legislation to
Connect and Protect.'' The Subcommittee received testimony from
the following witnesses:
Mark Gibson, Director, Business Development
& Spectrum Policy, CommScope and Regulatory Officer of
the OnGo Alliance;
Anna M. Gomez, Partner, Wiley Rein LLP;
Thomas E. Kadri, Ph.D., Assistant Professor,
University of Georgia School of Law; and
Alisa Valentin, Ph.D., Senior Director of
Technology and Telecommunications, National Urban
League.
IV. Committee Consideration
H.R. 7624, the ``Spectrum Innovation Act of 2022,'' was
introduced on April 28, 2022, by Representative Michael F.
Doyle (D-PA) and 20 bipartisan original cosponsors and was
referred to the Committee on Energy and Commerce. Subsequently,
on April 29, 2022, the bill was referred to the Subcommittee on
Communications and Technology. A legislative hearing was held
on May 24, 2022.
On June 15, 2022, the Subcommittee on Communications and
Technology met in open markup session, pursuant to notice, to
consider H.R. 7624 and five other bills. During consideration
of the bill, an amendment in the nature of a substitute (AINS),
offered by Representative Latta (R-OH), was agreed to by a
voice vote. Upon conclusion of consideration of the bill, the
Subcommittee on Communications and Technology agreed to report
the bill favorably to the full Committee, amended, by a roll
call vote of 29 yeas to 0 nays.
On July 13, 2022, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 7624 and four
other bills. An AINS, offered by Representative Latta, was
agreed to by a voice vote. Upon conclusion of consideration of
the bill, the full Committee agreed to a motion on final
passage offered by Representative Pallone, Chairman of the
Committee, to order H.R. 7624 reported favorably to the House,
amended, by a roll call vote of 52 yeas to 0 nays.
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 two record votes taken on
H.R. 7624, including a motion by Mr. Pallone ordering H.R. 7624
favorably reported to the House, amended. The motion on final
passage of the bill was approved by a record vote of 52 yeas to
0 nays. The following are the record votes taken during
Committee consideration, including the names of those members
voting for and against:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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 make
available additional frequencies in the 3.1-3.45 GHz band for
non-federal use, shared federal and non-federal use, or a
combination thereof and allow the FCC to continue auctioning
other portions of the airwaves for the next 18 months. The
legislation also funds from auction proceeds the Secure and
Trusted Reimbursement Program, a newly authorized Next
Generation 9-1-1 grant program, and the development of an
incumbent informing capability.
X. Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 7624 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. 7624 contains no earmarks, limited
tax benefits, or limited tariff benefits.
XIII. Advisory Committee Statement
No 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 ``Spectrum Innovation Act of 2022.''
TITLE I--SPECTRUM AUCTIONS AND INNOVATION
Sec. 101. Spectrum auctions and innovation
Section 101 requires the Secretary of Commerce, in
consultation with the Secretary of Defense, the Director of the
Office of Science and Technology Policy, and the FCC to submit
a report to the President, the FCC, and relevant congressional
committees identifying at least 200 megahertz of spectrum in
the 3.1-3.45 GHz band for non-federal use, shared federal and
non-federal use, or a combination thereof by no later than 21
months after the date of enactment. Section 101 also requires
the FCC, in coordination with the Assistant Secretary of
Commerce for Communications and Information, to commence a
system of competitive bidding under section 309(j) of the
Communications Act for at least 200 megahertz of spectrum
identified by the Secretary of Commerce in the 3.1-3.45 GHz
band not later than seven years after the date of enactment.
Section 101 also requires applicable auction proceeds to be
deposited in the Public Safety and Secure Networks Fund
established under Title VI.
TITLE II--SECURE AND TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT
PROGRAM
Sec. 201. Increase in limitation on expenditure
Section 201 amends Section 4(k) of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1603(k)) to
raise the amount that the FCC may spend on reimbursements from
$1.9 billion to $5.3 billion.
TITLE III--NEXT GENERATION 9-1-1
Sec. 301. Further deployment and coordination of Next Generation 9-1-1
Section 301 amends section 158 of the National
Telecommunications and Information Administration Organization
Act (NTIA Organization Act) by requiring the 9-1-1
Implementation Coordination Office (9-1-1 Office) to, among
other things, improve coordination and communication with
respect to the implementation of Next Generation 9-1-1. The
Assistant Secretary of Commerce for Communications and
Information (Assistant Secretary) and the Administrator of the
National Highway Traffic Safety Administration (Administrator),
acting through the 9-1-1 Office, are also required to oversee
and manage the Next Generation 9-1-1 grant program, including
by providing grants to eligible entities for implementing and
maintaining Next Generation 9-1-1 and for training directly
related to implementing, maintaining, and operating Next
Generation 9-1-1.
Section 301 directs the Assistant Secretary and
Administrator to issue regulations, after public notice and
opportunity for comment, prescribing the criteria for selection
for grants under the program established by this section.
Section 301 also requires the Assistant Secretary and the
Administrator to establish a Next Generation 9-1-1
Cybersecurity Center and a Public Safety Next Generation
Advisory Board.
Sec. 302. Transfer to NTIA of sole responsibility for certain 9-1-1
implementation coordination functions
Section 302 transfers to the Assistant Secretary all
functions assigned to the Administrator or jointly to the
Assistant Secretary and the Administrator under sections 158,
159, 160, and 161 of the NTIA Organization Act as of September
30, 2022. Personnel, property, records, and unexpended balances
of appropriations, allocations, and other funds used, held,
available, or to be made available in connection with the such
functions are also transferred to the Assistant Secretary for
use in connection with the functions transferred by this
section.
TITLE IV--INCUMBENT INFORMING CAPABILITY
Sec. 401. Incumbent informing capability
Section 401 amends the NTIA Organization Act by requiring
the Assistant Secretary to revise the Department of Commerce's
Manual of Regulations and Procedures for Federal Radio
Frequency Management to incorporate an incumbent informing
capability and to implement an incumbent informing capability
to enable sharing, including time-based sharing and
coordination, to securely manage harmful interference between
non-federal users and incumbent federal entities sharing an
applicable band of spectrum and between federal entities
sharing an applicable band of spectrum.
TITLE V--EXTENSION OF FCC AUCTION AUTHORITY
Sec. 501. Extension of FCC auction authority
Section 501 amends Section 309 of the Communications Act to
extend the FCC's auction authority from September 30, 2022, to
March 31, 2024. This section also requires applicable auction
proceeds to be deposited in the Public Safety and Secure
Networks Fund established under Title VI.
TITLE VI--PUBLIC SAFETY AND SECURE NETWORKS FUND
Sec. 601. Public Safety and Secure Networks Fund
Section 601 establishes in the Department of Treasury the
Public Safety and Secure Networks Fund. This section also
requires that, after proceeds are transferred to the Department
of Treasury consistent with the baseline established by the
Congressional Budget Office (CBO), the amounts deposited in the
Fund must be available or deposited such that the first $17.7
billion will be deposited in the Treasury to account for the
baseline in the Congressional Budget Office's budget. Next,
this section requires that up to $3.4 billion will be made
available to the FCC to make reimbursements through the
Reimbursement Program. Following this, the section requires
that up to $10 billion is then made available to the Next
Generation 9-1-1 grant program established in Title III. And
after this, the section requires that $117.4 million is made
available to the Assistant Secretary to implement the incumbent
information capability required by Title IV. Finally, section
601 requires that any funds remaining in the Public Safety and
Secure Networks Fund will be deposited in the general fund of
the Treasury for the sole purpose of deficit reduction.
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):
COMMUNICATIONS ACT OF 1934
* * * * * * *
TITLE III--SPECIAL PROVISIONS RELATING TO RADIO
PART I--GENERAL PROVISIONS
* * * * * * *
SEC. 309. ACTION UPON APPLICATIONS; FORM OF AND CONDITIONS ATTACHED TO
LICENSES.
(a) Subject to the provisions of this section, the Commission
shall determine, in the case of each application filed with it
to which section 308 applies, whether the public interest,
convenience, and necessity will be served by the granting of
such application, and, if the Commission, upon examination of
such application and upon consideration of such other matters
as the Commission may officially notice, shall find that public
interest, convenience, and necessity would be served by the
granting thereof, it shall grant such application.
(b) Except as provided in subsection (c) of this section, no
such application--
(1) for an instrument of authorization in the case of
a station in the broadcasting or common carrier
services, or
(2) for an instrument of authorization in the case of
a station in any of the following categories:
(A) industrial radio positioning stations for
which frequencies are assigned on an exclusive
basis,
(B) aeronautical en route stations,
(C) aeronautical advisory stations,
(D) airdrome control stations,
(E) aeronautical fixed stations, and
(F) such other stations or classes of
stations, not in the broadcasting or common
carrier services, as the Commission shall by
rule prescribe,
shall be granted by the Commission earlier than thirty days
following issuance of public notice by the Commission of the
acceptance for filing of such application or of any substantial
amendment thereof.
(c) Subsection (b) of this section shall not apply--
(1) to any minor amendment of an application to which
such subsection is applicable, or
(2) to any application for--
(A) a minor change in the facilities of an
authorized station,
(B) consent to an involuntary assignment or
transfer under section 310(b) or to an
assignment or transfer thereunder which does
not involve a substantial change in ownership
or control,
(C) a license under section 319(c) or,
pending application for or grant of such
license, any special or temporary authorization
to permit interim operation to facilitate
completion of authorized construction or to
provide substantially the same service as would
be authorized by such license,
(D) extension of time to complete
construction of authorized facilities,
(E) an authorization of facilities for remote
pickups, studio links and similar facilities
for use in the operation of a broadcast
station,
(F) authorizations pursuant to section 325(c)
where the programs to be transmitted are
special events not of a continuing nature,
(G) a special temporary authorization for
nonbroadcast operation not to exceed thirty
days where no application for regular operation
is contemplated to be filed or not to exceed
sixty days pending the filing of an application
for such regular operation, or
(H) an authorization under any of the proviso
clauses of section 308(a).
(d)(1) Any party in interest may file with the Commission a
petition to deny any application (whether as originally filed
or as amended) to which subsection (b) of this section applies
at any time prior to the day of Commission grant thereof
without hearing or the day of formal designation thereof for
hearing; except that with respect to any classification of
applications, the Commission from time to time by rule may
specify a shorter period (no less than thirty days following
the issuance of public notice by the Commission of the
acceptance for filing of such application or of any substantial
amendment thereof), which shorter period shall be reasonably
related to the time when the applications would normally be
reached for processing. The petitioner shall serve a copy of
such petition on the applicant. The petition shall contain
specific allegations of fact sufficient to show that the
petitioner is a party in interest and that a grant of the
application would be prima facie inconsistent with subsection
(a) (or subsection (k) in the case of renewal of any broadcast
station license). Such allegations of fact shall, except for
those of which official notice may be taken, be supported by
affidavit of a person or persons with personal knowledge
thereof. The applicant shall be given the opportunity to file a
reply in which allegations of fact or denials thereof shall
similarly be supported by affidavit.
(2) If the Commission finds on the basis of the application,
the pleadings filed, or other matters which it may officially
notice that there are no substantial and material questions of
fact and that a grant of the application would be consistent
with subsection (a) (or subsection (k) in the case of renewal
of any broadcast station license), it shall make the grant,
deny the petition, and issue a concise statement of the reasons
for denying the petition, which statement shall dispose of all
substantial issues raised by the petition. If a substantial and
material question of fact is presented or if the Commission for
any reason is unable to find that grant of the application
would be consistent with subsection (a) (or subsection (k) in
the case of renewal of any broadcast station license), it shall
proceed as provided in subsection (e).
(e) If, in the case of any application to which subsection
(a) of this section applies, a substantial and material
question of fact is presented or the Commission for any reason
is unable to make the finding specified in such subsection, it
shall formally designate the application for hearing on the
ground or reasons then obtaining and shall forthwith notify the
applicant and all other known parties in interest of such
action and the ground and reasons therefor, specifying with
particularity the matters and things in issue but not including
issues or requirements phrased generally. When the Commission
has so designated an application for hearing, the parties in
interest, if any, who are not notified by the Commission of
such action may acquire the status of a party to the proceeding
thereon by filing a petition for intervention showing the basis
for their interest not more than thirty days after publication
of the hearing issues or any substantial amendment thereto in
the Federal Register. Any hearing subsequently held upon such
application shall be a full hearing in which the applicant and
all other parties in interest shall be permitted to
participate. The burden of proceeding with the introduction of
evidence and the burden of proof shall be upon the applicant,
except that with respect to any issue presented by a petition
to deny or a petition to enlarge the issues, such burdens shall
be as determined by the Commission.
(f) When an application subject to subsection (b) has been
filed, the Commission, notwithstanding the requirements of such
subsection, may, if the grant of such application is otherwise
authorized by law and if it finds that there are extraordinary
circumstances requiring temporary operations in the public
interest and that delay in the institution of such temporary
operations would seriously prejudice the public interest, grant
a temporary authorization, accompanied by a statement of its
reasons therefor, to permit such temporary operations for a
period not exceeding 180 days, and upon making like findings
may extend such temporary authorization for additional periods
not to exceed 180 days. When any such grant of a temporary
authorization is made, the Commission shall give expeditious
treatment to any timely filed petition to deny such application
and to any petition for rehearing of such grant filed under
section 405.
(g) The Commission is authorized to adopt reasonable
classifications of applications and amendments in order to
effectuate the purposes of this section.
(h) Such station licenses as the Commission may grant shall
be in such general form as it may prescribe, but each license
shall contain, in addition to other provisions, a statement of
the following conditions to which such license shall be
subject: (1) The station license shall not vest in the licensee
any right to operate the station nor any right in the use of
the frequencies designated in the license beyond the term
thereof nor in any other manner than authorized therein; (2)
neither the license nor the right granted thereunder shall be
assigned or otherwise transferred in violation of this Act; (3)
every license issued under this Act shall be subject in terms
to the right of use or control conferred by section 706 of this
Act.
(i) Random Selection.--
(1) General authority.--Except as provided in
paragraph (5), if there is more than one application
for any initial license or construction permit, then
the Commission shall have the authority to grant such
license or permit to a qualified applicant through the
use of a system of random selection.
(2) No license or construction permit shall be granted to an
applicant selected pursuant to paragraph (1) unless the
Commission determines the qualifications of such applicant
pursuant to subsection (a) and section 308(b). When substantial
and material questions of fact exist concerning such
qualifications, the Commission shall conduct a hearing in order
to make such determinations. For the purposes of making such
determinations, the Commission may, by rule, and
notwithstanding any other provision of law--
(A) adopt procedures for the submission of all or
part of the evidence in written form;
(B) delegate the function of presiding at the taking
of written evidence to Commission employees other than
administrative law judges; and
(C) omit the determination required by subsection (a)
with respect to any application other than the one
selected pursuant to paragraph (1).
(3)(A) The Commission shall establish rules and procedures to
ensure that, in the administration of any system of random
selection under this subsection used for granting licenses or
construction permits for any media of mass communications,
significant preferences will be granted to applicants or groups
of applicants, the grant to which of the license or permit
would increase the diversification of ownership of the media of
mass communications. To further diversify the ownership of the
media of mass communications, an additional significant
preference shall be granted to any applicant controlled by a
member or members of minority group.
(B) The Commission shall have authority to require each
qualified applicant seeking a significant preference under
subparagraph (A) to submit to the Commission such information
as may be necessary to enable the Commission to make a
determination regarding whether such applicant shall be granted
such preference. Such information shall be submitted in such
form, at such times, and in accordance with such procedures, as
the Commission may require.
(C) For purposes of this paragraph:
(i) The term ``media of mass communication'' includes
television, radio, cable television, multipoint distribution
service, direct broadcast satellite service, and other
services, the licensed facilities of which may be substantially
devoted toward providing programming or other information
services within the editorial control of the licensee.
(ii) The term ``minority group'' includes Blacks, Hispanics,
American Indians, Alaska Natives, Asians, and Pacific
Islanders.
(4)(A) The Commission shall, after notice and opportunity for
hearing, prescribe rules establishing a system of random
selection for use by the Commission under this subsection in
any instance in which the Commission, in its discretion,
determines that such use is appropriate for the granting of any
license or permit in accordance with paragraph (1).
(B) The Commission shall have authority to amend such rules
from time to time to the extent necessary too carry out the
provisions of this subsection. Any such amendment shall be made
after notice and opportunity for hearing.
(C) Not later than 180 days after the date of enactment of
this subparagraph, the Commission shall prescribe such transfer
disclosures and antitrafficking restrictions and payment
schedules as are necessary to prevent the unjust enrichment of
recipients of licenses or permits as a result of the methods
employed to issue licenses under this subsection.
(5) Termination of authority.--(A) Except as provided
in subparagraph (B), the Commission shall not issue any
license or permit using a system of random selection
under this subsection after July 1, 1997.
(B) Subparagraph (A) of this paragraph shall not
apply with respect to licenses or permits for stations
described in section 397(6) of this Act.
(j) Use of Competitive Bidding.--
(1) General authority.--If, consistent with the
obligations described in paragraph (6)(E), mutually
exclusive applications are accepted for any initial
license or construction permit, then, except as
provided in paragraph (2), the Commission shall grant
the license or permit to a qualified applicant through
a system of competitive bidding that meets the
requirements of this subsection.
(2) Exemptions.--The competitive bidding authority
granted by this subsection shall not apply to licenses
or construction permits issued by the Commission--
(A) for public safety radio services,
including private internal radio services used
by State and local governments and non-
government entities and including emergency
road services provided by not-for-profit
organizations, that--
(i) are used to protect the safety of
life, health, or property; and
(ii) are not made commercially
available to the public;
(B) for initial licenses or construction
permits for digital television service given to
existing terrestrial broadcast licensees to
replace their analog television service
licenses; or
(C) for stations described in section 397(6)
of this Act.
(3) Design of systems of competitive bidding.--For
each class of licenses or permits that the Commission
grants through the use of a competitive bidding system,
the Commission shall, by regulation, establish a
competitive bidding methodology. The Commission shall
seek to design and test multiple alternative
methodologies under appropriate circumstances. The
Commission shall, directly or by contract, provide for
the design and conduct (for purposes of testing) of
competitive bidding using a contingent combinatorial
bidding system that permits prospective bidders to bid
on combinations or groups of licenses in a single bid
and to enter multiple alternative bids within a single
bidding round. In identifying classes of licenses and
permits to be issued by competitive bidding, in
specifying eligibility and other characteristics of
such licenses and permits, and in designing the
methodologies for use under this subsection, the
Commission shall include safeguards to protect the
public interest in the use of the spectrum and shall
seek to promote the purposes specified in section 1 of
this Act and the following objectives:
(A) the development and rapid deployment of
new technologies, products, and services for
the benefit of the public, including those
residing in rural areas, without administrative
or judicial delays;
(B) promoting economic opportunity and
competition and ensuring that new and
innovative technologies are readily accessible
to the American people by avoiding excessive
concentration of licenses and by disseminating
licenses among a wide variety of applicants,
including small businesses, rural telephone
companies, and businesses owned by members of
minority groups and women;
(C) recovery for the public of a portion of
the value of the public spectrum resource made
available for commercial use and avoidance of
unjust enrichment through the methods employed
to award uses of that resource;
(D) efficient and intensive use of the
electromagnetic spectrum;
(E) ensure that, in the scheduling of any
competitive bidding under this subsection, an
adequate period is allowed--
(i) before issuance of bidding rules,
to permit notice and comment on
proposed auction procedures; and
(ii) after issuance of bidding rules,
to ensure that interested parties have
a sufficient time to develop business
plans, assess market conditions, and
evaluate the availability of equipment
for the relevant services; and
(F) for any auction of eligible frequencies
described in section 113(g)(2) of the National
Telecommunications and Information
Administration Organization Act (47 U.S.C.
923(g)(2)), the recovery of 110 percent of
estimated relocation or sharing costs as
provided to the Commission pursuant to section
113(g)(4) of such Act.
(4) Contents of regulations.--In prescribing
regulations pursuant to paragraph (3), the Commission
shall--
(A) consider alternative payment schedules
and methods of calculation, including lump sums
or guaranteed installment payments, with or
without royalty payments, or other schedules or
methods that promote the objectives described
in paragraph (3)(B), and combinations of such
schedules and methods;
(B) include performance requirements, such as
appropriate deadlines and penalties for
performance failures, to ensure prompt delivery
of service to rural areas, to prevent
stockpiling or warehousing of spectrum by
licensees or permittees, and to promote
investment in and rapid deployment of new
technologies and services;
(C) consistent with the public interest,
convenience, and necessity, the purposes of
this Act, and the characteristics of the
proposed service, prescribe area designations
and bandwidth assignments that promote (i) an
equitable distribution of licenses and services
among geographic areas, (ii) economic
opportunity for a wide variety of applicants,
including small businesses, rural telephone
companies, and businesses owned by members of
minority groups and women, and (iii) investment
in and rapid deployment of new technologies and
services;
(D) ensure that small businesses, rural
telephone companies, and businesses owned by
members of minority groups and women are given
the opportunity to participate in the provision
of spectrum-based services, and, for such
purposes, consider the use of tax certificates,
bidding preferences, and other procedures;
(E) require such transfer disclosures and
antitrafficking restrictions and payment
schedules as may be necessary to prevent unjust
enrichment as a result of the methods employed
to issue licenses and permits; and
(F) prescribe methods by which a reasonable
reserve price will be required, or a minimum
bid will be established, to obtain any license
or permit being assigned pursuant to the
competitive bidding, unless the Commission
determines that such a reserve price or minimum
bid is not in the public interest.
(5) Bidder and licensee qualification.--No person
shall be permitted to participate in a system of
competitive bidding pursuant to this subsection unless
such bidder submits such information and assurances as
the Commission may require to demonstrate that such
bidder's application is acceptable for filing. No
license shall be granted to an applicant selected
pursuant to this subsection unless the Commission
determines that the applicant is qualified pursuant to
subsection (a) and sections 308(b) and 310. Consistent
with the objectives described in paragraph (3), the
Commission shall, by regulation, prescribe expedited
procedures consistent with the procedures authorized by
subsection (i)(2) for the resolution of any substantial
and material issues of fact concerning qualifications.
(6) Rules of construction.--Nothing in this
subsection, or in the use of competitive bidding,
shall--
(A) alter spectrum allocation criteria and
procedures established by the other provisions
of this Act;
(B) limit or otherwise affect the
requirements of subsection (h) of this section,
section 301, 304, 307, 310, or 706, or any
other provision of this Act (other than
subsections (d)(2) and (e) of this section);
(C) diminish the authority of the Commission
under the other provisions of this Act to
regulate or reclaim spectrum licenses;
(D) be construed to convey any rights,
including any expectation of renewal of a
license, that differ from the rights that apply
to other licenses within the same service that
were not issued pursuant to this subsection;
(E) be construed to relieve the Commission of
the obligation in the public interest to
continue to use engineering solutions,
negotiation, threshold qualifications, service
regulations, and other means in order to avoid
mutual exclusivity in application and licensing
proceedings;
(F) be construed to prohibit the Commission
from issuing nationwide, regional, or local
licenses or permits;
(G) be construed to prevent the Commission
from awarding licenses to those persons who
make significant contributions to the
development of a new telecommunications service
or technology; or
(H) be construed to relieve any applicant for
a license or permit of the obligation to pay
charges imposed pursuant to section 8 of this
Act.
(7) Consideration of revenues in public interest
determinations.--
(A) Consideration prohibited.--In making a
decision pursuant to section 303(c) to assign a
band of frequencies to a use for which licenses
or permits will be issued pursuant to this
subsection, and in prescribing regulations
pursuant to paragraph (4)(C) of this
subsection, the Commission may not base a
finding of public interest, convenience, and
necessity on the expectation of Federal
revenues from the use of a system of
competitive bidding under this subsection.
(B) Consideration limited.--In prescribing
regulations pursuant to paragraph (4)(A) of
this subsection, the Commission may not base a
finding of public interest, convenience, and
necessity solely or predominantly on the
expectation of Federal revenues from the use of
a system of competitive bidding under this
subsection.
(C) Consideration of demand for spectrum not
affected.--Nothing in this paragraph shall be
construed to prevent the Commission from
continuing to consider consumer demand for
spectrum-based services.
(8) Treatment of revenues.--
(A) General rule.--Except as provided in
subparagraphs (B), (D), (E), (F), and (G), all
proceeds from the use of a competitive bidding
system under this subsection shall be deposited
in the Treasury in accordance with chapter 33
of title 31, United States Code.
(B) Retention of revenues.--Notwithstanding
subparagraph (A), the salaries and expenses
account of the Commission shall retain as an
offsetting collection such sums as may be
necessary from such proceeds for the costs of
developing and implementing the program
required by this subsection. Such offsetting
collections shall be available for obligation
subject to the terms and conditions of the
receiving appropriations account, and shall be
deposited in such accounts on a quarterly
basis. Such offsetting collections are
authorized to remain available until expended.
(C) Deposit and use of auction escrow
accounts.--Any deposits the Commission may
require for the qualification of any person to
bid in a system of competitive bidding pursuant
to this subsection shall be deposited in the
Treasury. Within 45 days following the
conclusion of the competitive bidding--
(i) the deposits of successful
bidders shall be deposited in the
general fund of the Treasury (where
such deposits shall be used for the
sole purpose of deficit reduction),
except as otherwise provided in
subparagraphs (D)(ii), (E)(ii), (F),
and (G); and
(ii) the deposits of unsuccessful
bidders shall be returned to such
bidders, 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.
(D) Proceeds from reallocated federal
spectrum.--
(i) In general.--Except as provided
in clause (ii), cash proceeds
attributable to the auction of any
eligible frequencies described in
section 113(g)(2) of the National
Telecommunications and Information
Administration Organization Act (47
U.S.C. 923(g)(2)) shall be deposited in
the Spectrum Relocation Fund
established under section 118 of such
Act, and shall be available in
accordance with that section.
(ii) Certain other proceeds.--
Notwithstanding subparagraph (A) and
except as provided in subparagraph (B),
in the case of proceeds (including
deposits and upfront payments from
successful bidders) attributable to the
auction of eligible frequencies
described in paragraph (2) of section
113(g) of the National
Telecommunications and Information
Administration Organization Act that
are required to be auctioned by section
6401(b)(1)(B) of the Middle Class Tax
Relief and Job Creation Act of 2012,
such portion of such proceeds as is
necessary to cover the relocation or
sharing costs (as defined in paragraph
(3) of such section 113(g)) of Federal
entities relocated from such eligible
frequencies shall be deposited in the
Spectrum Relocation Fund. The remainder
of such proceeds shall be deposited in
the Public Safety Trust Fund
established by section 6413(a)(1) of
the Middle Class Tax Relief and Job
Creation Act of 2012.
(E) Transfer of receipts.--
(i) Establishment of fund.--There is
established in the Treasury of the
United States a fund to be known as the
Digital Television Transition and
Public Safety Fund.
(ii) Proceeds for funds.--
Notwithstanding subparagraph (A), the
proceeds (including deposits and
upfront payments from successful
bidders) from the use of a competitive
bidding system under this subsection
with respect to recovered analog
spectrum shall be deposited in the
Digital Television Transition and
Public Safety Fund.
(iii) Transfer of amount to
treasury.--On September 30, 2009, the
Secretary shall transfer $7,363,000,000
from the Digital Television Transition
and Public Safety Fund to the general
fund of the Treasury.
(iv) Recovered analog spectrum.--For
purposes of clause (i), the term
``recovered analog spectrum'' has the
meaning provided in paragraph
(15)(C)(vi).
(F) Certain proceeds designated for public
safety trust fund.--Notwithstanding
subparagraph (A) and except as provided in
subparagraphs (B) and (D)(ii), the proceeds
(including deposits and upfront payments from
successful bidders) from the use of a system of
competitive bidding under this subsection
pursuant to section 6401(b)(1)(B) of the Middle
Class Tax Relief and Job Creation Act of 2012
shall be deposited in the Public Safety Trust
Fund established by section 6413(a)(1) of such
Act.
(G) Incentive auctions.--
(i) In general.--Notwithstanding
subparagraph (A) and except as provided
in subparagraph (B), the Commission may
encourage a licensee to relinquish
voluntarily some or all of its licensed
spectrum usage rights in order to
permit the assignment of new initial
licenses subject to flexible-use
service rules by sharing with such
licensee a portion, based on the value
of the relinquished rights as
determined in the reverse auction
required by clause (ii)(I), of the
proceeds (including deposits and
upfront payments from successful
bidders) from the use of a competitive
bidding system under this subsection.
(ii) Limitations.--The Commission may
not enter into an agreement for a
licensee to relinquish spectrum usage
rights in exchange for a share of
auction proceeds under clause (i)
unless--
(I) the Commission conducts a
reverse auction to determine
the amount of compensation that
licensees would accept in
return for voluntarily
relinquishing spectrum usage
rights; and
(II) at least two competing
licensees participate in the
reverse auction.
(iii) Treatment of revenues.--
Notwithstanding subparagraph (A) and
except as provided in subparagraph (B),
the proceeds (including deposits and
upfront payments from successful
bidders) from any auction, prior to the
end of fiscal year 2022, of spectrum
usage rights made available under
clause (i) that are not shared with
licensees under such clause shall be
deposited as follows:
(I) $1,750,000,000 of the
proceeds from the incentive
auction of broadcast television
spectrum required by section
6403 of the Middle Class Tax
Relief and Job Creation Act of
2012 shall be deposited in the
TV Broadcaster Relocation Fund
established by subsection
(d)(1) of such section.
(II) All other proceeds shall
be deposited--
(aa) prior to the end
of fiscal year 2022, in
the Public Safety Trust
Fund established by
section 6413(a)(1) of
such Act; and
(bb) after the end of
fiscal year 2022, in
the general fund of the
Treasury, where such
proceeds shall be
dedicated for the sole
purpose of deficit
reduction.
(iv) Congressional notification.--At
least 3 months before any incentive
auction conducted under this
subparagraph, the Chairman of the
Commission, in consultation with the
Director of the Office of Management
and Budget, shall notify the
appropriate committees of Congress of
the methodology for calculating the
amounts that will be shared with
licensees under clause (i).
(v) Definition.--In this
subparagraph, the term ``appropriate
committees of Congress'' means--
(I) the Committee on
Commerce, Science, and
Transportation of the Senate;
(II) the Committee on
Appropriations of the Senate;
(III) the Committee on Energy
and Commerce of the House of
Representatives; and
(IV) the Committee on
Appropriations of the House of
Representatives.
(9) Use of former government spectrum.--The
Commission shall, not later than 5 years after the date
of enactment of this subsection, issue licenses and
permits pursuant to this subsection for the use of
bands of frequencies that--
(A) in the aggregate span not less than 10
megahertz; and
(B) have been reassigned from Government use
pursuant to part B of the National
Telecommunications and Information
Administration Organization Act.
(10) Authority contingent on availability of
additional spectrum.--
(A) Initial conditions.--The Commission's
authority to issue licenses or permits under
this subsection shall not take effect unless--
(i) the Secretary of Commerce has
submitted to the Commission the report
required by section 113(d)(1) of the
National Telecommunications and
Information Administration Organization
Act;
(ii) such report recommends for
immediate reallocation bands of
frequencies that, in the aggregate,
span not less than 50 megahertz;
(iii) such bands of frequencies meet
the criteria required by section 113(a)
of such Act; and
(iv) the Commission has completed the
rulemaking required by section
332(c)(1)(D) of this Act.
(B) Subsequent conditions.--The Commission's
authority to issue licenses or permits under
this subsection on and after 2 years after the
date of the enactment of this subsection shall
cease to be effective if--
(i) the Secretary of Commerce has
failed to submit the report required by
section 113(a) of the National
Telecommunications and Information
Administration Organization Act;
(ii) the President has failed to
withdraw and limit assignments of
frequencies as required by paragraphs
(1) and (2) of section 114(a) of such
Act;
(iii) the Commission has failed to
issue the regulations required by
section 115(a) of such Act;
(iv) the Commission has failed to
complete and submit to Congress, not
later than 18 months after the date of
enactment of this subsection, a study
of current and future spectrum needs of
State and local government public
safety agencies through the year 2010,
and a specific plan to ensure that
adequate frequencies are made available
to public safety licensees; or
(v) the Commission has failed under
section 332(c)(3) to grant or deny
within the time required by such
section any petition that a State has
filed within 90 days after the date of
enactment of this subsection;
until such failure has been corrected.
(11) Termination.--The authority of the Commission to
grant a license or permit under this subsection shall
expire [September 30, 2022] March 31, 2024, except
that, with respect to the electromagnetic spectrum
identified under section 1004(a) of the Spectrum
Pipeline Act of 2015, such authority shall expire on
September 30, [2025, and with respect to the
electromagnetic spectrum identified under section
90008(b)(2)(A)(ii) of the Infrastructure Investment and
Jobs Act, such authority shall expire on the date that
is 7 years after the date of enactment of that Act.]
2026, and with respect to the electromagnetic spectrum
identified under section 101(b)(2)(A) of the Spectrum
Innovation Act of 2022, such authority shall expire on
the date that is 7 years after the date of enactment of
that Act.
(13) Recovery of value of public spectrum in
connection with pioneer preferences.--
(A) In general.--Notwithstanding paragraph
(6)(G), the Commission shall not award licenses
pursuant to a preferential treatment accorded
by the Commission to persons who make
significant contributions to the development of
a new telecommunications service or technology,
except in accordance with the requirements of
this paragraph.
(B) Recovery of value.--The Commission shall
recover for the public a portion of the value
of the public spectrum resource made available
to such person by requiring such person, as a
condition for receipt of the license, to agree
to pay a sum determined by--
(i) identifying the winning bids for
the licenses that the Commission
determines are most reasonably
comparable in terms of bandwidth, scope
of service area, usage restrictions,
and other technical characteristics to
the license awarded to such person, and
excluding licenses that the Commission
determines are subject to bidding
anomalies due to the award of
preferential treatment;
(ii) dividing each such winning bid
by the population of its service area
(hereinafter referred to as the per
capita bid amount);
(iii) computing the average of the
per capita bid amounts for the licenses
identified under clause (i);
(iv) reducing such average amount by
15 percent; and
(v) multiplying the amount determined
under clause (iv) by the population of
the service area of the license
obtained by such person.
(C) Installments permitted.--The Commission
shall require such person to pay the sum
required by subparagraph (B) in a lump sum or
in guaranteed installment payments, with or
without royalty payments, over a period of not
more than 5 years.
(D) Rulemaking on pioneer preferences.--
Except with respect to pending applications
described in clause (iv) of this subparagraph,
the Commission shall prescribe regulations
specifying the procedures and criteria by which
the Commission will evaluate applications for
preferential treatment in its licensing
processes (by precluding the filing of mutually
exclusive applications) for persons who make
significant contributions to the development of
a new service or to the development of new
technologies that substantially enhance an
existing service. Such regulations shall--
(i) specify the procedures and
criteria by which the significance of
such contributions will be determined,
after an opportunity for review and
verification by experts in the radio
sciences drawn from among persons who
are not employees of the Commission or
by any applicant for such preferential
treatment;
(ii) include such other procedures as
may be necessary to prevent unjust
enrichment by ensuring that the value
of any such contribution justifies any
reduction in the amounts paid for
comparable licenses under this
subsection;
(iii) be prescribed not later than 6
months after the date of enactment of
this paragraph;
(iv) not apply to applications that
have been accepted for filing on or
before September 1, 1994; and
(v) cease to be effective on the date
of the expiration of the Commission's
authority under subparagraph (F).
(E) Implementation with respect to pending
applications.--In applying this paragraph to
any broadband licenses in the personal
communications service awarded pursuant to the
preferential treatment accorded by the Federal
Communications Commission in the Third Report
and Order in General Docket 90-314 (FCC 93-550,
released February 3, 1994)--
(i) the Commission shall not
reconsider the award of preferences in
such Third Report and Order, and the
Commission shall not delay the grant of
licenses based on such awards more than
15 days following the date of enactment
of this paragraph, and the award of
such preferences and licenses shall not
be subject to administrative or
judicial review;
(ii) the Commission shall not alter
the bandwidth or service areas
designated for such licenses in such
Third Report and Order;
(iii) except as provided in clause
(v), the Commission shall use, as the
most reasonably comparable licenses for
purposes of subparagraph (B)(i), the
broadband licenses in the personal
communications service for blocks A and
B for the 20 largest markets (ranked by
population) in which no applicant has
obtained preferential treatment;
(iv) for purposes of subparagraph
(C), the Commission shall permit
guaranteed installment payments over a
period of 5 years, subject to--
(I) the payment only of
interest on unpaid balances
during the first 2 years,
commencing not later than 30
days after the award of the
license (including any
preferential treatment used in
making such award) is final and
no longer subject to
administrative or judicial
review, except that no such
payment shall be required prior
to the date of completion of
the auction of the comparable
licenses described in clause
(iii); and
(II) payment of the unpaid
balance and interest thereon
after the end of such 2 years
in accordance with the
regulations prescribed by the
Commission; and
(v) the Commission shall recover with
respect to broadband licenses in the
personal communications service an
amount under this paragraph that is
equal to not less than $400,000,000,
and if such amount is less than
$400,000,000, the Commission shall
recover an amount equal to $400,000,000
by allocating such amount among the
holders of such licenses based on the
population of the license areas held by
each licensee.
The Commission shall not include in any amounts
required to be collected under clause (v) the
interest on unpaid balances required to be
collected under clause (iv).
(F) Expiration.--The authority of the
Commission to provide preferential treatment in
licensing procedures (by precluding the filing
of mutually exclusive applications) to persons
who make significant contributions to the
development of a new service or to the
development of new technologies that
substantially enhance an existing service shall
expire on the date of enactment of the Balanced
Budget Act of 1997.
(G) Effective date.--This paragraph shall be
effective on the date of its enactment and
apply to any licenses issued on or after August
1, 1994, by the Federal Communications
Commission pursuant to any licensing procedure
that provides preferential treatment (by
precluding the filing of mutually exclusive
applications) to persons who make significant
contributions to the development of a new
service or to the development of new
technologies that substantially enhance an
existing service.
(14) Auction of recaptured broadcast television
spectrum.--
(A) Limitations on terms of terrestrial
television broadcast licenses.--A full-power
television broadcast license that authorizes
analog television service may not be renewed to
authorize such service for a period that
extends beyond June 12, 2009.
(B) Spectrum reversion and resale.--
(i) The Commission shall--
(I) ensure that, as licenses
for analog television service
expire pursuant to subparagraph
(A), each licensee shall cease
using electromagnetic spectrum
assigned to such service
according to the Commission's
direction; and
(II) reclaim and organize the
electromagnetic spectrum in a
manner consistent with the
objectives described in
paragraph (3) of this
subsection.
(ii) Licensees for new services
occupying spectrum reclaimed pursuant
to clause (i) shall be assigned in
accordance with this subsection.
(C) Certain limitations on qualified bidders
prohibited.--In prescribing any regulations
relating to the qualification of bidders for
spectrum reclaimed pursuant to subparagraph
(B)(i), the Commission, for any license that
may be used for any digital television service
where the grade A contour of the station is
projected to encompass the entirety of a city
with a population in excess of 400,000 (as
determined using the 1990 decennial census),
shall not--
(i) preclude any party from being a
qualified bidder for such spectrum on
the basis of--
(I) the Commission's duopoly
rule (47 C.F.R. 73.3555(b)); or
(II) the Commission's
newspaper cross-ownership rule
(47 C.F.R. 73.3555(d)); or
(ii) apply either such rule to
preclude such a party that is a winning
bidder in a competitive bidding for
such spectrum from using such spectrum
for digital television service.
(15) Commission to determine timing of auctions.--
(A) Commission authority.--Subject to the
provisions of this subsection (including
paragraph (11)), but notwithstanding any other
provision of law, the Commission shall
determine the timing of and deadlines for the
conduct of competitive bidding under this
subsection, including the timing of and
deadlines for qualifying for bidding;
conducting auctions; collecting, depositing,
and reporting revenues; and completing
licensing processes and assigning licenses.
(B) Termination of portions of auctions 31
and 44.--Except as provided in subparagraph
(C), the Commission shall not commence or
conduct auctions 31 and 44 on June 19, 2002, as
specified in the public notices of March 19,
2002, and March 20, 2002 (DA 02-659 and DA 02-
563).
(C) Exception.--
(i) Blocks excepted.--Subparagraph
(B) shall not apply to the auction of--
(I) the C-block of licenses
on the bands of frequencies
located at 710-716 megahertz,
and 740-746 megahertz; or
(II) the D-block of licenses
on the bands of frequencies
located at 716-722 megahertz.
(ii) Eligible bidders.--The entities
that shall be eligible to bid in the
auction of the C-block and D-block
licenses described in clause (i) shall
be those entities that were qualified
entities, and that submitted
applications to participate in auction
44, by May 8, 2002, as part of the
original auction 44 short form filing
deadline.
(iii) Auction deadlines for excepted
blocks.--Notwithstanding subparagraph
(B), the auction of the C-block and D-
block licenses described in clause (i)
shall be commenced no earlier than
August 19, 2002, and no later than
September 19, 2002, and the proceeds of
such auction shall be deposited in
accordance with paragraph (8) not later
than December 31, 2002.
(v) Additional deadlines for
recovered analog spectrum.--
Notwithstanding subparagraph (B), the
Commission shall conduct the auction of
the licenses for recovered analog
spectrum by commencing the bidding not
later than January 28, 2008, and shall
deposit the proceeds of such auction in
accordance with paragraph (8)(E)(ii)
not later than June 30, 2008.
(vi) Recovered analog spectrum.--For
purposes of clause (v), the term
``recovered analog spectrum'' means the
spectrum between channels 52 and 69,
inclusive (between frequencies 698 and
806 megahertz, inclusive) reclaimed
from analog television service
broadcasting under paragraph (14),
other than--
(I) the spectrum required by
section 337 to be made
available for public safety
services; and
(II) the spectrum auctioned
prior to the date of enactment
of the Digital Television
Transition and Public Safety
Act of 2005.
(D) Return of payments.--Within one month
after the date of enactment of this paragraph,
the Commission shall return to the bidders for
licenses in the A-block, B-block, and E-block
of auction 44 the full amount of all upfront
payments made by such bidders for such
licenses.
(16) Special auction provisions for eligible
frequencies.--
(A) Special regulations.--The Commission
shall revise the regulations prescribed under
paragraph (4)(F) of this subsection to
prescribe methods by which the total cash
proceeds from any auction of eligible
frequencies described in section 113(g)(2) of
the National Telecommunications and Information
Administration Organization Act (47 U.S.C.
923(g)(2)) shall at least equal 110 percent of
the total estimated relocation or sharing costs
provided to the Commission pursuant to section
113(g)(4) of such Act.
(B) Conclusion of auctions contingent on
minimum proceeds.--The Commission shall not
conclude any auction of eligible frequencies
described in section 113(g)(2) of such Act if
the total cash proceeds attributable to such
spectrum are less than 110 percent of the total
estimated relocation or sharing costs provided
to the Commission pursuant to section 113(g)(4)
of such Act. If the Commission is unable to
conclude an auction for the foregoing reason,
the Commission shall cancel the auction, return
within 45 days after the auction cancellation
date any deposits from participating bidders
held in escrow, and absolve such bidders from
any obligation to the United States to bid in
any subsequent reauction of such spectrum.
(C) Authority to issue prior to
deauthorization.--In any auction conducted
under the regulations required by subparagraph
(A), the Commission may grant a license
assigned for the use of eligible frequencies
prior to the termination of an eligible Federal
entity's authorization. However, the Commission
shall condition such license by requiring that
the licensee cannot cause harmful interference
to such Federal entity until such entity's
authorization has been terminated by the
National Telecommunications and Information
Administration.
(17) Certain conditions on auction participation
prohibited.--
(A) In general.--Notwithstanding any other
provision of law, the Commission may not
prevent a person from participating in a system
of competitive bidding under this subsection if
such person--
(i) complies with all the auction
procedures and other requirements to
protect the auction process established
by the Commission; and
(ii) either--
(I) meets the technical,
financial, character, and
citizenship qualifications that
the Commission may require
under section 303(l)(1),
308(b), or 310 to hold a
license; or
(II) would meet such license
qualifications by means
approved by the Commission
prior to the grant of the
license.
(B) Clarification of authority.--Nothing in
subparagraph (A) affects any authority the
Commission has to adopt and enforce rules of
general applicability, including rules
concerning spectrum aggregation that promote
competition.
(18) Estimate of upcoming auctions.--
(A) Not later than September 30, 2018, and
annually thereafter, the Commission shall 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.
(k) Broadcast Station Renewal Procedures.--
(1) Standards for renewal.--If the licensee of a
broadcast station submits an application to the
Commission for renewal of such license, the Commission
shall grant the application if it finds, with respect
to that station, during the preceding term of its
license--
(A) the station has served the public
interest, convenience, and necessity;
(B) there have been no serious violations by
the licensee of this Act or the rules and
regulations of the Commission; and
(C) there have been no other violations by
the licensee of this Act or the rules and
regulations of the Commission which, taken
together, would constitute a pattern of abuse.
(2) Consequence of failure to meet standard.--If any
licensee of a broadcast station fails to meet the
requirements of this subsection, the Commission may
deny the application for renewal in accordance with
paragraph (3), or grant such application on terms and
conditions as are appropriate, including renewal for a
term less than the maximum otherwise permitted.
(3) Standards for denial.--If the Commission
determines, after notice and opportunity for a hearing
as provided in subsection (e), that a licensee has
failed to meet the requirements specified in paragraph
(1) and that no mitigating factors justify the
imposition of lesser sanctions, the Commission shall--
(A) issue an order denying the renewal
application filed by such licensee under
section 308; and
(B) only thereafter accept and consider such
applications for a construction permit as may
be filed under section 308 specifying the
channel or broadcasting facilities of the
former licensee.
(4) Competitor consideration prohibited.--In making
the determinations specified in paragraph (1) or (2),
the Commission shall not consider whether the public
interest, convenience, and necessity might be served by
the grant of a license to a person other than the
renewal applicant.
(l) Applicability of Competitive Bidding to Pending
Comparative Licensing Cases.--With respect to competing
applications for initial licenses or construction permits for
commercial radio or television stations that were filed with
the Commission before July 1, 1997, the Commission shall--
(1) have the authority to conduct a competitive
bidding proceeding pursuant to subsection (j) to assign
such license or permit;
(2) treat the persons filing such applications as the
only persons eligible to be qualified bidders for
purposes of such proceeding; and
(3) waive any provisions of its regulations necessary
to permit such persons to enter an agreement to procure
the removal of a conflict between their applications
during the 180-day period beginning on the date of
enactment of the Balanced Budget Act of 1997.
* * * * * * *
----------
SPECTRUM PIPELINE ACT OF 2015
* * * * * * *
TITLE X--SPECTRUM PIPELINE
* * * * * * *
SEC. 1004. IDENTIFICATION, REALLOCATION, AND AUCTION OF FEDERAL
SPECTRUM.
(a) Identification of Spectrum.--Not later than January 1,
[2022] 2024, the Secretary shall submit to the President and to
the Commission a report identifying 30 megahertz of
electromagnetic spectrum (in bands of not less than 10
megahertz of contiguous frequencies) below the frequency of 3
gigahertz (except for the spectrum between the frequencies of
1675 megahertz and 1695 megahertz) for reallocation from
Federal use to non-Federal use or shared Federal and non-
Federal use, or a combination thereof.
(b) Clearing of Spectrum.--The President shall--
(1) not later than January 1, [2022] 2024, begin the
process of withdrawing or modifying the assignment to a
Federal Government station of the electromagnetic
spectrum identified under subsection (a); and
(2) not later than 30 days after completing the
withdrawal or modification, notify the Commission that
the withdrawal or modification is complete.
(c) Reallocation and Auction.--
(1) In general.--The Commission shall--
(A) reallocate the electromagnetic spectrum
identified under subsection (a) for non-Federal
use or shared Federal and non-Federal use, or a
combination thereof; and
(B) notwithstanding paragraph (15)(A) of
section 309(j) of the Communications Act of
1934 (47 U.S.C. 309(j)), not later than July 1,
[2024] 2026, begin a system of competitive
bidding under such section to grant new initial
licenses for the use of such spectrum, subject
to flexible-use service rules.
(2) Proceeds to cover 110 percent of federal
relocation or sharing costs.--Nothing in paragraph (1)
shall be construed to relieve the Commission from the
requirements of section 309(j)(16)(B) of the
Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)).
(d) Protection of Certain Federal Spectrum Operations.--If
the report required by subsection (a) determines that
reallocation and auction of the spectrum described in the
report would harm national security by impacting existing
terrestrial Federal spectrum operations at the Nevada Test and
Training Range, the Commission, in coordination with the
Secretary shall, prior to the auction described in subsection
(c)(1)(B), establish rules for licensees in such spectrum
sufficient to mitigate harmful interference to such operations.
(e) Rule of Construction.--Nothing in this section shall be
construed to affect any requirement under section 1062(b) of
the National Defense Authorization Act for Fiscal Year 2000 (47
U.S.C. 921 note; Public Law 106-65).
* * * * * * *
----------
INFRASTRUCTURE INVESTMENT AND JOBS ACT
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Infrastructure Investment and Jobs Act''.
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
DIVISION I--OTHER MATTERS
* * * * * * *
[Sec. 90008. Spectrum auctions.]
* * * * * * *
DIVISION I--OTHER MATTERS
* * * * * * *
[SEC. 90008. SPECTRUM AUCTIONS.
[(a) Definitions.--In this section:
[(1) Commission.--The term ``Commission'' means the
Federal Communications Commission.
[(2) Covered band.--The term ``covered band'' means
the band of frequencies between 3100 and 3450
megahertz.
[(3) Relevant congressional committees.--The term
``relevant congressional committees'' means--
[(A) the Committee on Armed Services of the
Senate;
[(B) the Committee on Armed Services of the
House of Representatives;
[(C) the Committee on Commerce, Science, and
Transportation of the Senate; and
[(D) the Committee on Energy and Commerce of
the House of Representatives.
[(b) 3.1-3.45 GHz Band.--
[(1) Pre-auction funding.--
[(A) In general.--On the date of enactment of
this Act, the Director of the Office of
Management and Budget shall transfer
$50,000,000 from the Spectrum Relocation Fund
established under section 118 of the National
Telecommunications and Information
Administration Act (47 U.S.C. 928) to the
Department of Defense for the purpose of
research and development, engineering studies,
economic analyses, activities with respect to
systems, or other planning activities to
improve efficiency and effectiveness of the
spectrum use of the Department of Defense in
order to make available electromagnetic
spectrum in the covered band--
[(i) for reallocation for shared
Federal and non-Federal commercial
licensed use; and
[(ii) for auction under paragraph (3)
of this subsection.
[(B) Exemption.--Section 118(g) of the
National Telecommunications and Information
Administration Organization Act (47 U.S.C.
928(g)) shall not apply with respect to the
payment required under subparagraph (A).
[(C) Report to secretary of commerce.--For
purposes of paragraph (2)(A), the Secretary of
Defense shall report to the Secretary of
Commerce the findings of the planning
activities described in subparagraph (A) of
this paragraph.
[(2) Identification.--
[(A) In general.--Not later than 21 months
after the date of enactment of this Act, in
accordance with the findings of the planning
activities described in paragraph (1)(A) and
subject to the determination of the Secretary
of Defense under subparagraph (B) of this
paragraph, the Secretary of Commerce, in
coordination with the Secretary of Defense, the
Director of the Office of Science and
Technology Policy, and relevant congressional
committees, shall--
[(i) determine which frequencies of
electromagnetic spectrum in the covered
band could be made available on a
shared basis between Federal use and
non-Federal commercial licensed use,
subject to flexible-use service rules;
and
[(ii) submit to the President and the
Commission a report that identifies the
frequencies determined appropriate
under clause (i).
[(B) Required determination.--The Secretary
of Commerce may identify frequencies under
subparagraph (A)(ii) only if the Secretary of
Defense has determined that sharing those
frequencies with non-Federal users would not
impact the primary mission of military spectrum
users in the covered band.
[(3) Auction.--Not earlier than November 30, 2024,
the Commission, in consultation with the Assistant
Secretary of Commerce for Communications and
Information, shall 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 spectrum identified under paragraph (2)(A)(ii) of
this subsection.
[(4) Sharing of spectrum.--Not earlier than May 31,
2025, the President shall modify any assignment to a
Federal Government station of the frequencies
identified under clause (ii) of paragraph (2)(A) in
order to accommodate shared Federal and non-Federal
commercial licensed use in accordance with that
paragraph.
[(5) Auction proceeds to cover 110 percent of federal
relocation or sharing costs.--Nothing in this
subsection shall be construed to relieve the Commission
from the requirements under section 309(j)(16)(B) of
the Communications Act of 1934 (47 U.S.C.
309(j)(16)(B)).
[(c) FCC Auction Authority.--
[(1) Termination.--Section 309(j)(11) of the
Communications Act of 1934 (47 U.S.C. 309(j)(11)) is
amended by inserting after ``2025'' the following: ``,
and with respect to the electromagnetic spectrum
identified under section 90008(b)(2)(A)(ii) of the
Infrastructure Investment and Jobs Act, such authority
shall expire on the date that is 7 years after the date
of enactment of that Act''.
[(2) Spectrum pipeline act of 2015.--Section
1006(c)(1) of the Spectrum Pipeline Act of 2015 (Public
Law 114-74; 129 Stat. 624) is amended by striking
``2022'' and inserting ``2024''.]
* * * * * * *
----------
SECURE AND TRUSTED COMMUNICATIONS NETWORKS ACT OF 2019
* * * * * * *
SEC. 4. SECURE AND TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT
PROGRAM.
(a) In General.--The Commission shall establish a
reimbursement program, to be known as the ``Secure and Trusted
Communications Networks Reimbursement Program'', to make
reimbursements to providers of advanced communications service
to replace covered communications equipment or services.
(b) Eligibility.--The Commission may not make a reimbursement
under the Program to a provider of advanced communications
service unless the provider--
(1) has 10,000,000 or fewer customers; and
(2) makes all of the certifications required by
subsection (d)(4).
(c) Use of Funds.--
(1) In general.--A recipient of a reimbursement under
the Program shall use reimbursement funds solely for
the purposes of--
(A) permanently removing covered
communications equipment or services purchased,
rented, leased, or otherwise obtained--
(i) as defined in the Report and
Order of the Commission in the matter
of Protecting Against National Security
Threats to the Communications Supply
Chain Through FCC Programs (FCC 19-121;
WC Docket No. 18-89; adopted November
22, 2019) (in this section referred to
as the ``Report and Order''); or
(ii) as determined to be covered by
both the process of the Report and
Order and the Designation Orders of the
Commission on June 30, 2020 (DA 20-690;
PS Docket No. 19-351; adopted June 30,
2020) (DA 20-691; PS Docket No. 19-352;
adopted June 30, 2020) (in this section
collectively referred to as the
``Designation Orders'');
(B) replacing the covered communications
equipment or services removed as described in
subparagraph (A) with communications equipment
or services that are not covered communications
equipment or services; and
(C) disposing of the covered communications
equipment or services removed as described in
subparagraph (A) in accordance with the
requirements under subsection (d)(7).
(2) Limitations.--A recipient of a reimbursement
under the Program may not--
(A) use reimbursement funds to remove,
replace, or dispose of any covered
communications equipment or service purchased,
rented, leased, or otherwise obtained on or
after--
(i) publication of the Report and
Order; or
(ii) in the case of covered
communications equipment that only
became covered pursuant to the
Designation Orders, June 30, 2020; or
(B) purchase, rent, lease, or otherwise
obtain any covered communications equipment or
service, using reimbursement funds or any other
funds (including funds derived from private
sources).
(d) Implementation.--
(1) Suggested replacements.--
(A) Development of list.--The Commission
shall develop a list of suggested replacements
of both physical and virtual communications
equipment, application and management software,
and services or categories of replacements of
both physical and virtual communications
equipment, application and management software
and services.
(B) Neutrality.--The list developed under
subparagraph (A) shall be technology neutral
and may not advantage the use of reimbursement
funds for capital expenditures over operational
expenditures, to the extent that the Commission
determines that communications services can
serve as an adequate substitute for the
installation of communications equipment.
(2) Application process.--
(A) In general.--The Commission shall develop
an application process and related forms and
materials for the Program.
(B) Cost estimate.--
(i) Initial estimate.--The Commission
shall require an applicant to provide
an initial reimbursement cost estimate
at the time of application, with
supporting materials substantiating the
costs.
(ii) Updates.--During and after the
application review process, the
Commission may require an applicant
to--
(I) update the initial
reimbursement cost estimate
submitted under clause (i); and
(II) submit additional
supporting materials
substantiating an updated cost
estimate submitted under
subclause (I).
(C) Mitigation of burden.--In developing the
application process under this paragraph, the
Commission shall take reasonable steps to
mitigate the administrative burdens and costs
associated with the application process, while
taking into account the need to avoid waste,
fraud, and abuse in the Program.
(3) Application review process.--
(A) Deadline.--
(i) In general.--Except as provided
in clause (ii) and subparagraph (B),
the Commission shall approve or deny an
application for a reimbursement under
the Program not later than 90 days
after the date of the submission of the
application.
(ii) Additional time needed by
commission.--If the Commission
determines that, because an excessive
number of applications have been filed
at one time, the Commission needs
additional time for employees of the
Commission to process the applications,
the Commission may extend the deadline
described in clause (i) for not more
than 45 days.
(B) Opportunity for applicant to cure
deficiency.--If the Commission determines that
an application is materially deficient
(including by lacking an adequate cost estimate
or adequate supporting materials), the
Commission shall provide the applicant a 15-day
period to cure the defect before denying the
application. If such period would extend beyond
the deadline under subparagraph (A) for
approving or denying the application, such
deadline shall be extended through the end of
such period.
(C) Effect of denial.--Denial of an
application for a reimbursement under the
Program shall not preclude the applicant from
resubmitting the application or submitting a
new application for a reimbursement under the
Program at a later date.
(4) Certifications.--An applicant for a reimbursement
under the Program shall, in the application of the
applicant, certify to the Commission that--
(A) as of the date of the submission of the
application, the applicant--
(i) has developed a plan for--
(I) the permanent removal and
replacement of any covered
communications equipment or
services that are in the
communications network of the
applicant as of such date; and
(II) the disposal of the
equipment or services removed
as described in subclause (I)
in accordance with the
requirements under paragraph
(7); and
(ii) has developed a specific
timeline (subject to paragraph (6)) for
the permanent removal, replacement, and
disposal of the covered communications
equipment or services identified under
clause (i), which timeline shall be
submitted to the Commission as part of
the application; and
(B) beginning on the date of the approval of
the application, the applicant--
(i) will not purchase, rent, lease,
or otherwise obtain covered
communications equipment or services,
using reimbursement funds or any other
funds (including funds derived from
private sources); and
(ii) in developing and tailoring the
risk management practices of the
applicant, will consult and consider
the standards, guidelines, and best
practices set forth in the
cybersecurity framework developed by
the National Institute of Standards and
Technology.
(5) Distribution of reimbursement funds.--
(A) In general.--Subject to subparagraph (C),
the Commission shall make reasonable efforts to
ensure that reimbursement funds are distributed
equitably among all applicants for
reimbursements under the Program according to
the needs of the applicants, as identified by
the applications of the applicants.
(B) Notification.--If, at any time during the
implementation of the Program, the Commission
determines that $1,000,000,000 will not be
sufficient to fully fund all approved
applications for reimbursements under the
Program, the Commission shall immediately
notify--
(i) the Committee on Energy and
Commerce and the Committee on
Appropriations of the House of
Representatives; and
(ii) the Committee on Commerce,
Science, and Transportation and the
Committee on Appropriations of the
Senate.
(C) Priority for allocation.--On and after
the date of enactment of this subparagraph, the
Commission shall allocate sufficient
reimbursement funds--
(i) first, to approved applicants
that have 2,000,000 or fewer customers,
for removal and replacement of covered
communications equipment, as defined in
section 9 or as designated by the
process set forth in the Report and
Order;
(ii) after funds have been allocated
to all applicants described in clause
(i), to approved applicants that are
accredited public or private non-
commercial educational institutions
providing their own facilities-based
educational broadband service, as
defined in section 27.4 of title 47,
Code of Federal Regulations, or any
successor regulation, for removal and
replacement of covered communications
equipment, as defined in section 9 or
as designated by the process set forth
in the Report and Order; and
(iii) after funds have been allocated
to all applicants described in clause
(ii), to any remaining approved
applicants determined to be eligible
for reimbursement under the Program.
(6) Removal, replacement, and disposal term.--
(A) Deadline.--Except as provided in
subparagraphs (B) and (C), the permanent
removal, replacement, and disposal of any
covered communications equipment or services
identified under paragraph (4)(A)(i) shall be
completed not later than 1 year after the date
on which the Commission distributes
reimbursement funds to the recipient.
(B) General extension.--The Commission may
grant an extension of the deadline described in
subparagraph (A) for 6 months to all recipients
of reimbursements under the Program if the
Commission--
(i) finds that the supply of
replacement communications equipment or
services needed by the recipients to
achieve the purposes of the Program is
inadequate to meet the needs of the
recipients; and
(ii) provides notice and a detailed
justification for granting the
extension to--
(I) the Committee on Energy
and Commerce of the House of
Representatives; and
(II) the Committee on
Commerce, Science, and
Transportation of the Senate.
(C) Individual extension.--
(i) Petition.--A recipient of a
reimbursement under the Program may
petition the Commission for an
extension for such recipient of the
deadline described in subparagraph (A)
or, if the Commission has granted an
extension of such deadline under
subparagraph (B), such deadline as so
extended.
(ii) Grant.--The Commission may grant
a petition filed under clause (i) by
extending, for the recipient that filed
the petition, the deadline described in
subparagraph (A) or, if the Commission
has granted an extension of such
deadline under subparagraph (B), such
deadline as so extended, for a period
of not more than 6 months if the
Commission finds that, due to no fault
of such recipient, such recipient is
unable to complete the permanent
removal, replacement, and disposal
described in subparagraph (A).
(7) Disposal of covered communications equipment or
services.--The Commission shall include in the
regulations promulgated under subsection (g)
requirements for the disposal by a recipient of a
reimbursement under the Program of covered
communications equipment or services identified under
paragraph (4)(A)(i) and removed from the network of the
recipient in order to prevent such equipment or
services from being used in the networks of providers
of advanced communications service.
(8) Status updates.--
(A) In general.--Not less frequently than
once every 90 days beginning on the date on
which the Commission approves an application
for a reimbursement under the Program, the
recipient of the reimbursement shall submit to
the Commission a status update on the work of
the recipient to permanently remove, replace,
and dispose of the covered communications
equipment or services identified under
paragraph (4)(A)(i).
(B) Public posting.--Not earlier than 30 days
after the date on which the Commission receives
a status update under subparagraph (A), the
Commission shall make such status update public
on the website of the Commission.
(C) Reports to congress.--Not less frequently
than once every 180 days beginning on the date
on which the Commission first makes funds
available to a recipient of a reimbursement
under the Program, the Commission shall prepare
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--
(i) the implementation of the Program
by the Commission; and
(ii) the work by recipients of
reimbursements under the Program to
permanently remove, replace, and
dispose of covered communications
equipment or services identified under
paragraph (4)(A)(i).
(e) Measures To Avoid Waste, Fraud, and Abuse.--
(1) In general.--The Commission shall take all
necessary steps to avoid waste, fraud, and abuse with
respect to the Program.
(2) Spending reports.--The Commission shall require
recipients of reimbursements under the Program to
submit to the Commission on a regular basis reports
regarding how reimbursement funds have been spent,
including detailed accounting of the covered
communications equipment or services permanently
removed and disposed of, and the replacement equipment
or services purchased, rented, leased, or otherwise
obtained, using reimbursement funds.
(3) Audits, reviews, and field investigations.--The
Commission shall conduct--
(A) regular audits and reviews of
reimbursements under the Program to confirm
that recipients of such reimbursements are
complying with this Act; and
(B) random field investigations to ensure
that recipients of reimbursements under the
Program are performing the work such recipients
are required to perform under the commitments
made in the applications of such recipients for
reimbursements under the Program, including the
permanent removal, replacement, and disposal of
the covered communications equipment or
services identified under subsection
(d)(4)(A)(i).
(4) Final certification.--
(A) In general.--The Commission shall require
a recipient of a reimbursement under the
Program to submit to the Commission, in a form
and at an appropriate time to be determined by
the Commission, a certification stating that
the recipient--
(i) has fully complied with (or is in
the process of complying with) all
terms and conditions of the Program;
(ii) has fully complied with (or is
in the process of complying with) the
commitments made in the application of
the recipient for the reimbursement;
(iii) has permanently removed from
the communications network of the
recipient, replaced, and disposed of
(or is in the process of permanently
removing, replacing, and disposing of)
all covered communications equipment or
services that were in the network of
the recipient as of the date of the
submission of the application of the
recipient for the reimbursement; and
(iv) has fully complied with (or is
in the process of complying with) the
timeline submitted by the recipient
under subparagraph (A)(ii) of paragraph
(4) of subsection (d) and the other
requirements of such paragraph.
(B) Updated certification.--If, at the time
when a recipient of a reimbursement under the
Program submits a certification under
subparagraph (A), the recipient has not fully
complied as described in clause (i), (ii), or
(iv) of such subparagraph or has not completed
the permanent removal, replacement, and
disposal described in clause (iii) of such
subparagraph, the Commission shall require the
recipient to file an updated certification when
the recipient has fully complied as described
in such clause (i), (ii), or (iv) or completed
such permanent removal, replacement, and
disposal.
(f) Effect of Removal of Equipment or Service From List.--
(1) In general.--If, after the date on which a
recipient of a reimbursement under the Program submits
the application for the reimbursement, any covered
communications equipment or service that is in the
network of the recipient as of such date is removed
from the list published under section 2(a), the
recipient may--
(A) return to the Commission any
reimbursement funds received for the removal,
replacement, and disposal of such equipment or
service and be released from any requirement
under this section to remove, replace, or
dispose of such equipment or service; or
(B) retain any reimbursement funds received
for the removal, replacement, and disposal of
such equipment or service and remain subject to
the requirements of this section to remove,
replace, and dispose of such equipment or
service as if such equipment or service
continued to be on the list published under
section 2(a).
(2) Assurances.--In the case of an assurance relating
to the removal, replacement, or disposal of any
equipment or service with respect to which the
recipient returns to the Commission reimbursement funds
under paragraph (1)(A), such assurance may be satisfied
by making an assurance that such funds have been
returned.
(g) Rulemaking.--
(1) Commencement.--Not later than 90 days after the
date of the enactment of this Act, the Commission shall
commence a rulemaking to implement this section.
(2) Completion.--The Commission shall complete the
rulemaking under paragraph (1) not later than 1 year
after the date of the enactment of this Act.
(h) Rule of Construction Regarding Timing of Reimbursement.--
Nothing in this section shall be construed to prohibit the
Commission from making a reimbursement under the Program to a
provider of advanced communications service before the provider
incurs the cost of the permanent removal, replacement, and
disposal of the covered communications equipment or service for
which the application of the provider has been approved under
this section.
(i) Education Efforts.--The Commission shall engage in
education efforts with providers of advanced communications
service to--
(1) encourage such providers to participate in the
Program; and
(2) assist such providers in submitting applications
for the Program.
(j) Separate From Federal Universal Service Programs.--The
Program shall be separate from any Federal universal service
program established under section 254 of the Communications Act
of 1934 (47 U.S.C. 254).
(k) Limitation.--In carrying out this section, the Commission
may not expend more than [$1,900,000,000] $5,300,000,000.
* * * * * * *
----------
NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION ORGANIZATION
ACT
* * * * * * *
TITLE I--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
* * * * * * *
PART B--TRANSFER OF AUCTIONABLE FREQUENCIES
* * * * * * *
SEC. 120. INCUMBENT INFORMING CAPABILITY.
(a) In General.--The Assistant Secretary shall--
(1) not later than 120 days after the date of the
enactment of this section, begin to amend the
Department of Commerce spectrum management document
entitled ``Manual of Regulations and Procedures for
Federal Radio Frequency Management'' so as to
incorporate an incumbent informing capability; and
(2) not later than the date on which the total amount
of funds required to be made available from the Public
Safety and Secure Networks Fund under section 601(c)(3)
of the Spectrum Innovation Act of 2022 is so made
available, begin to implement such capability,
including the development and testing of such
capability.
(b) Establishment of the Incumbent Informing Capability.--
(1) In general.--The incumbent informing capability
required by subsection (a) shall include a system to
enable sharing, including time-based sharing and
coordination, to securely manage harmful interference
between non-Federal users and incumbent Federal
entities sharing a band of covered spectrum and between
Federal entities sharing a band of covered spectrum.
(2) Requirements.--The system required by paragraph
(1) shall contain, at a minimum, the following:
(A) One or more mechanisms to allow non-
Federal use in covered spectrum, as authorized
by the rules of the Commission. Such mechanism
or mechanisms shall include interfaces to
commercial sharing systems, as appropriate.
(B) One or more mechanisms to facilitate
Federal-to-Federal sharing, as authorized by
the NTIA.
(C) One or more mechanisms to prevent,
eliminate, or mitigate harmful interference to
incumbent Federal entities, including one or
more of the following functions:
(i) Sensing.
(ii) Identification.
(iii) Reporting.
(iv) Analysis.
(v) Resolution.
(D) Dynamic coordination area analysis,
definition, and control, if appropriate for a
band.
(3) Compliance with commission rules.--The incumbent
informing capability required by subsection (a) shall
ensure that use of covered spectrum is in accordance
with the applicable rules of the Commission.
(4) Input of information.--
(A) In general.--Each incumbent Federal
entity sharing a band of covered spectrum
shall--
(i) input into the system required by
paragraph (1) such information as the
Assistant Secretary may require,
including the frequency, time, and
location of the use of the band by such
Federal entity; and
(ii) to the extent practicable, input
such information into such system on an
automated basis.
(B) Payment of costs.--Notwithstanding
subsections (c) through (e) of section 118 and
subparagraphs (C) through (E) of subsection
(g)(2) of such section, the Director of the
Office of Management and Budget, in
consultation with the Assistant Secretary, may
use amounts available in the Spectrum
Relocation Fund to pay the costs incurred by
Federal entities to input information as
required by subparagraph (A).
(5) Protection of classified information and
controlled unclassified information.--The system
required by paragraph (1) shall contain appropriate
measures to protect classified information and
controlled unclassified information, including any such
classified information or controlled unclassified
information that relates to military operations.
(c) Briefing.--Not later than 1 year after the date on which
the total amount of funds required to be made available from
the Public Safety and Secure Networks Fund under section
601(c)(3) of the Spectrum Innovation Act of 2022 is so made
available, the Assistant Secretary shall provide a briefing on
the implementation of this section to the Committee on Energy
and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate.
(d) Definitions.--In this section:
(1) Covered spectrum.--The term ``covered spectrum''
means--
(A) electromagnetic spectrum for which usage
rights are assigned to or authorized for
(including before the date on which the
incumbent informing capability required by
subsection (a) is implemented) a non-Federal
user or class of non-Federal users for use on a
shared basis with an incumbent Federal entity
in accordance with the rules of the Commission;
and
(B) electromagnetic spectrum allocated on a
primary or co-primary basis for Federal use
that is shared among Federal entities.
(2) Federal entity.--The term ``Federal entity'' has
the meaning given such term in section 113(l).
(3) Incumbent informing capability.--The term
``incumbent informing capability'' means a capability
to facilitate the sharing of covered spectrum.
(e) Rule of Construction.--Nothing in this section shall be
construed to alter or expand the authority of the NTIA as
described in section 113(j)(1).
PART C--SPECIAL AND TEMPORARY PROVISIONS
* * * * * * *
SEC. 158. COORDINATION OF 9-1-1, E9-1-1, AND NEXT GENERATION 9-1-1
IMPLEMENTATION.
(a) 9-1-1 Implementation Coordination Office.--
(1) Establishment and continuation.--The Assistant
Secretary [and the Administrator of the National
Highway Traffic Safety Administration] shall--
(A) establish and further a program to
facilitate coordination and communication
between Federal, State, and local emergency
communications systems, emergency personnel,
public safety organizations, telecommunications
carriers, and telecommunications equipment
manufacturers and vendors involved in the
implementation of 9-1-1 services; and
(B) establish a 9-1-1 Implementation
Coordination Office to implement the provisions
of this section and section 159.
(2) Management plan.--
(A) Development.--The Assistant Secretary
[and the Administrator] shall develop a
management plan for the grant program
established under this section, including by
developing--
(i) plans related to the
organizational structure of such
program; and
(ii) funding profiles for each fiscal
year of the duration of such program.
(B) Submission to Congress.--Not later than
90 days after the date of enactment of the Next
Generation 9-1-1 Advancement Act of 2012, the
Assistant Secretary [and the Administrator]
shall submit the management plan developed
under subparagraph (A) to--
(i) the Committees on Commerce,
Science, and Transportation and
Appropriations of the Senate; and
(ii) the Committees on Energy and
Commerce and Appropriations of the
House of Representatives.
(3) Purpose of office.--The Office shall--
(A) take actions, in concert with
coordinators designated in accordance with
subsection (b)(3)(A)(ii), to improve
coordination and communication with respect to
the implementation of 9-1-1 services, E9-1-1
services, and Next Generation 9-1-1 services;
(B) develop, collect, and disseminate
information concerning practices, procedures,
and technology used in the implementation of 9-
1-1 services, E9-1-1 services, and Next
Generation 9-1-1 services;
(C) advise and assist eligible entities in
the preparation of implementation plans
required under subsection (b)(3)(A)(iii);
(D) receive, review, and recommend the
approval or disapproval of applications for
grants under subsection (b); and
(E) oversee the use of funds provided by such
grants in fulfilling such implementation plans.
(4) Additional duties of the office with respect to
next generation 9-1-1.--
(A) Additional duties.--The Office shall--
(i) take actions, in concert with the
coordinators designated in accordance
with section 159(b)(3)(A)(ii), to
improve coordination and communication
with respect to the implementation of
Next Generation 9-1-1;
(ii) develop, collect, and
disseminate information concerning the
practices, procedures, and technology
used in the implementation of Next
Generation 9-1-1;
(iii) advise and assist eligible
entities in the preparation of
implementation plans required under
section 159(b)(2)(A)(iii);
(iv) provide technical assistance to
eligible entities provided a grant
under section 159(b) in support of
efforts to explore efficiencies related
to Next Generation 9-1-1;
(v) receive, review, and recommend to
the Assistant Secretary and the
Administrator the approval or
disapproval of applications for grants
under section 159(b); and
(vi) oversee the use of funds
provided by such grants in fulfilling
such implementation plans.
(B) Annual reports.--Not later than October
1, 2023, and each year thereafter until funds
made available to make grants under section
159(b) are no longer available to be expended,
the Assistant Secretary and the Administrator
shall submit to Congress a report on the
activities conducted by the Office under
subparagraph (A) in the year preceding the
submission of the report.
[Effective on the date of the enactment of H.R. 7624, section
301(a)(1)(B) of such bill (as reported) adds a new paragraph
(4) at the end of section 158(a) of the National
Telecommunications and Information Administration Organization
Act (shown above in italic). Effective October 1, 2022, section
302(d)(1)(A)(i) of H.R. 7624 (as reported) provides for a
global amendment to section 158. Upon such date, paragraph (4)
(as so added) is further amended as follows:]
(4) Additional duties of the office with respect to
next generation 9-1-1.--
(A) Additional duties.--The Office shall--
(i) take actions, in concert with the
coordinators designated in accordance
with section 159(b)(3)(A)(ii), to
improve coordination and communication
with respect to the implementation of
Next Generation 9-1-1;
(ii) develop, collect, and
disseminate information concerning the
practices, procedures, and technology
used in the implementation of Next
Generation 9-1-1;
(iii) advise and assist eligible
entities in the preparation of
implementation plans required under
section 159(b)(2)(A)(iii);
(iv) provide technical assistance to
eligible entities provided a grant
under section 159(b) in support of
efforts to explore efficiencies related
to Next Generation 9-1-1;
(v) receive, review, and recommend to
the Assistant Secretary [and the
Administrator] the approval or
disapproval of applications for grants
under section 159(b); and
(vi) oversee the use of funds
provided by such grants in fulfilling
such implementation plans.
(B) Annual reports.--Not later than October
1, 2023, and each year thereafter until funds
made available to make grants under section
159(b) are no longer available to be expended,
the Assistant Secretary [and the Administrator]
shall submit to Congress a report on the
activities conducted by the Office under
subparagraph (A) in the year preceding the
submission of the report.
(b) 9-1-1, E9-1-1, and Next Generation 9-1-1 Implementation
Grants.--
(1) Matching grants.--The Assistant Secretary [and
the Administrator], acting through the Office, shall
provide grants to eligible entities for--
(A) the implementation and operation of 9-1-1
services, E9-1-1 services, migration to an IP-
enabled emergency network, and adoption and
operation of Next Generation 9-1-1 services and
applications;
(B) the implementation of IP-enabled
emergency services and applications enabled by
Next Generation 9-1-1 services, including the
establishment of IP backbone networks and the
application layer software infrastructure
needed to interconnect the multitude of
emergency response organizations; and
(C) training public safety personnel,
including call-takers, first responders, and
other individuals and organizations who are
part of the emergency response chain in 9-1-1
services.
(2) Matching requirement.--The Federal share of the
cost of a project eligible for a grant under this
section shall not exceed 60 percent.
(3) Coordination required.--In providing grants under
paragraph (1), the Assistant Secretary [and the
Administrator] shall require an eligible entity to
certify in its application that--
(A) in the case of an eligible entity that is
a State government, the entity--
(i) has coordinated its application
with the public safety answering points
located within the jurisdiction of such
entity;
(ii) has designated a single officer
or governmental body of the entity to
serve as the coordinator of
implementation of 9-1-1 services,
except that such designation need not
vest such coordinator with direct legal
authority to implement 9-1-1 services,
E9-1-1 services, or Next Generation 9-
1-1 services or to manage emergency
communications operations;
(iii) has established a plan for the
coordination and implementation of 9-1-
1 services, E9-1-1 services, and Next
Generation 9-1-1 services; and
(iv) has integrated
telecommunications services involved in
the implementation and delivery of 9-1-
1 services, E9-1-1 services, and Next
Generation 9-1-1 services; or
(B) in the case of an eligible entity that is
not a State, the entity has complied with
clauses (i), (iii), and (iv) of subparagraph
(A), and the State in which it is located has
complied with clause (ii) of such subparagraph.
(4) Criteria.--Not later than 120 days after the date
of enactment of the Next Generation 9-1-1 Advancement
Act of 2012, the Assistant Secretary [and the
Administrator] shall issue regulations, after providing
the public with notice and an opportunity to comment,
prescribing the criteria for selection for grants under
this section. The criteria shall include performance
requirements and a timeline for completion of any
project to be financed by a grant under this section.
The Assistant Secretary [and the Administrator] shall
update such regulations as necessary.
(c) Diversion of 9-1-1 Charges.--
(1) Designated 9-1-1 charges.--For the purposes of
this subsection, the term ``designated 9-1-1 charges''
means any taxes, fees, or other charges imposed by a
State or other taxing jurisdiction that are designated
or presented as dedicated to deliver or improve 9-1-1
services, E9-1-1 services, or Next Generation 9-1-1
services.
(2) Certification.--Each applicant for a matching
grant under this section shall certify to the Assistant
Secretary [and the Administrator] at the time of
application, and each applicant that receives such a
grant shall certify to the Assistant Secretary [and the
Administrator] annually thereafter during any period of
time during which the funds from the grant are
available to the applicant, that no portion of any
designated 9-1-1 charges imposed by a State or other
taxing jurisdiction within which the applicant is
located are being obligated or expended for any purpose
other than the purposes for which such charges are
designated or presented during the period beginning 180
days immediately preceding the date of the application
and continuing through the period of time during which
the funds from the grant are available to the
applicant.
(3) Condition of grant.--Each applicant for a grant
under this section shall agree, as a condition of
receipt of the grant, that if the State or other taxing
jurisdiction within which the applicant is located,
during any period of time during which the funds from
the grant are available to the applicant, obligates or
expends designated 9-1-1 charges for any purpose other
than the purposes for which such charges are designated
or presented, eliminates such charges, or redesignates
such charges for purposes other than the implementation
or operation of 9-1-1 services, E9-1-1 services, or
Next Generation 9-1-1 services, all of the funds from
such grant shall be returned to the Office.
(4) Penalty for providing false information.--Any
applicant that provides a certification under paragraph
(2) knowing that the information provided in the
certification was false shall--
(A) not be eligible to receive the grant
under subsection (b);
(B) return any grant awarded under subsection
(b) during the time that the certification was
not valid; and
(C) not be eligible to receive any subsequent
grants under subsection (b).
(d) Funding and Termination.--
(1) In general.--From the amounts made available to
the Assistant Secretary [and the Administrator] under
section 6413(b)(6) of the Middle Class Tax Relief and
Job Creation Act of 2012, the Assistant Secretary [and
the Administrator] are authorized to provide grants
under this section through the end of fiscal year 2022.
Not more than 5 percent of such amounts may be
obligated or expended to cover the administrative costs
of carrying out this section.
(2) Termination.--Effective on October 1, 2022, the
authority provided by this [section] section (except
for paragraphs (1) and (4) of subsection (a) and for
subsection (e)) terminates and this [section] section
(except for paragraphs (1) and (4) of subsection (a)
and for subsection (e)) shall have no effect.
(e) Definitions.--In this section, the following definitions
shall apply:
(1) 9-1-1 services.--The term ``9-1-1 services''
includes both E9-1-1 services and Next Generation 9-1-1
services.
(2) E9-1-1 services.--The term ``E9-1-1 services''
means both phase I and phase II enhanced 9-1-1
services, as described in section 20.18 of the
Commission's regulations (47 C.F.R. 20.18), as in
effect on the date of enactment of the Next Generation
9-1-1 Advancement Act of 2012, or as subsequently
revised by the Commission.
(3) Eligible entity.--
(A) In general.--The term ``eligible entity''
means a State or local government or a tribal
organization (as defined in section 4(l) of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(l))).
(B) Instrumentalities.--The term ``eligible
entity'' includes public authorities, boards,
commissions, and similar bodies created by one
or more eligible entities described in
subparagraph (A) to provide 9-1-1 services, E9-
1-1 services, or Next Generation 9-1-1
services.
(C) Exception.--The term ``eligible entity''
does not include any entity that has failed to
submit the most recently required certification
under subsection (c) within 30 days after the
date on which such certification is due.
(4) Emergency call.--The term ``emergency call''
refers to any real-time communication with a public
safety answering point or other emergency management or
response agency, including--
(A) through voice, text, or video and related
data; and
(B) nonhuman-initiated automatic event
alerts, such as alarms, telematics, or sensor
data, which may also include real-time voice,
text, or video communications.
(5) Next Generation 9-1-1 services.--The term ``Next
Generation 9-1-1 services'' means an IP-based system
comprised of hardware, software, data, and operational
policies and procedures that--
(A) provides standardized interfaces from
emergency call and message services to support
emergency communications;
(B) processes all types of emergency calls,
including voice, data, and multimedia
information;
(C) acquires and integrates additional
emergency call data useful to call routing and
handling;
(D) delivers the emergency calls, messages,
and data to the appropriate public safety
answering point and other appropriate emergency
entities;
(E) supports data or video communications
needs for coordinated incident response and
management; and
(F) provides broadband service to public
safety answering points or other first
responder entities.
(6) Office.--The term ``Office'' means the 9-1-1
Implementation Coordination Office.
(7) Public safety answering point.--The term ``public
safety answering point'' has the meaning given the term
in section 222 of the Communications Act of 1934 (47
U.S.C. 222).
(8) State.--The term ``State'' means any State of the
United States, the District of Columbia, Puerto Rico,
American Samoa, Guam, the United States Virgin Islands,
the Northern Mariana Islands, and any other territory
or possession of the United States.
SEC. 159. COORDINATION OF NEXT GENERATION 9-1-1 IMPLEMENTATION.
(a) Additional Functions of 9-1-1 Implementation Coordination
Office.--
(1) Management plan.--
(A) Development.--The Assistant Secretary and
the Administrator shall develop a management
plan for the grant program established under
this section, including by developing--
(i) plans related to the
organizational structure of such
program; and
(ii) funding profiles for each fiscal
year of the duration of such program.
(B) Submission to congress.--Not later than
180 days after the date of the enactment of
this section, the Assistant Secretary and the
Administrator shall--
(i) submit the management plan
developed under subparagraph (A) to--
(I) the Committees on
Commerce, Science, and
Transportation and
Appropriations of the Senate;
and
(II) the Committees on Energy
and Commerce and Appropriations
of the House of
Representatives; and
(ii) publish the management plan
developed under subparagraph (A) on the
website of the National
Telecommunications and Information
Administration.
(2) Modification of plan.--
(A) Modification.--The Assistant Secretary
and the Administrator may modify the management
plan developed under paragraph (1)(A).
(B) Submission.--Not later than 90 days after
the plan is modified under subparagraph (A),
the Assistant Secretary shall--
(i) submit the modified plan to--
(I) the Committees on
Commerce, Science, and
Transportation and
Appropriations of the Senate;
and
(II) the Committees on Energy
and Commerce and Appropriations
of the House of
Representatives; and
(ii) publish the modified plan on the
website of the National
Telecommunications and Information
Administration.
(b) Next Generation 9-1-1 Implementation Grants.--
(1) Grants.--The Assistant Secretary, acting through
the Office, shall provide grants to eligible entities
for--
(A) implementing Next Generation 9-1-1;
(B) maintaining Next Generation 9-1-1;
(C) training directly related to
implementing, maintaining, and operating Next
Generation 9-1-1 if the cost related to the
training does not exceed 3 percent of the total
grant award;
(D) public outreach and education on how the
public can best use Next Generation 9-1-1 and
the capabilities and usefulness of Next
Generation 9-1-1;
(E) administrative costs associated with
planning of Next Generation 9-1-1, including
any cost related to planning for and preparing
an application and related materials as
required by this subsection, if--
(i) the cost is fully documented in
materials submitted to the Office; and
(ii) the cost is reasonable,
necessary, and does not exceed 1
percent of the total grant award; and
(F) costs associated with implementing
cybersecurity measures at emergency
communications centers or with respect to Next
Generation 9-1-1.
(2) Application.--In providing grants under paragraph
(1), the Assistant Secretary, acting through the
Office, shall require an eligible entity to submit to
the Office an application, at the time and in the
manner determined by the Assistant Secretary and the
Administrator, and containing the certification
required by paragraph (3).
(3) Coordination required.--Each eligible entity
shall include in the application required by paragraph
(2) a certification that--
(A) in the case of an eligible entity that is
a State, the entity--
(i) has coordinated the application
with the emergency communications
centers located within the jurisdiction
of the entity;
(ii) has designated a single officer
or governmental body to serve as the
State point of contact to coordinate
the implementation of Next Generation
9-1-1 for that State, except that such
designation need not vest such officer
or governmental body with direct legal
authority to implement Next Generation
9-1-1 or to manage emergency
communications operations; and
(iii) has developed and submitted a
plan for the coordination and
implementation of Next Generation 9-1-1
that--
(I) ensures interoperability
by requiring the use of
commonly accepted standards;
(II) ensures reliable
operations;
(III) enables emergency
communications centers to
process, analyze, and store
multimedia, data, and other
information;
(IV) incorporates
cybersecurity tools, including
intrusion detection and
prevention measures;
(V) includes strategies for
coordinating cybersecurity
information sharing between
Federal, State, Tribal, and
local government partners;
(VI) uses open and
competitive request for
proposal processes, including
through shared government
procurement vehicles, for
deployment of Next Generation
9-1-1;
(VII) documents how input was
received and accounted for from
relevant rural and urban
emergency communications
centers, regional authorities,
local authorities, and Tribal
authorities;
(VIII) includes a governance
body or bodies, either by
creation of new, or use of
existing, body or bodies, for
the development and deployment
of Next Generation 9-1-1 that--
(aa) ensures full
notice and opportunity
for participation by
relevant stakeholders;
and
(bb) consults and
coordinates with the
State point of contact
required by clause
(ii);
(IX) creates efficiencies
related to Next Generation 9-1-
1 functions, including
cybersecurity and the
virtualization and sharing of
infrastructure, equipment, and
services; and
(X) utilizes an effective,
competitive approach to
establishing authentication,
credentialing, secure
connections, and access in
deploying Next Generation 9-1-
1, including by--
(aa) requiring
certificate authorities
to be capable of cross-
certification with
other authorities;
(bb) avoiding risk of
a single point of
failure or
vulnerability; and
(cc) adhering to
Federal agency best
practices such as those
promulgated by the
National Institute of
Standards and
Technology; and
(B) in the case of an eligible entity that is
a Tribal Organization, the Tribal Organization
has complied with clauses (i) and (iii) of
subparagraph (A).
(4) Criteria.--
(A) In general.--Not later than 1 year after
the date of the enactment of this section, the
Assistant Secretary and the Administrator shall
issue regulations, after providing the public
with notice and an opportunity to comment,
prescribing the criteria for selection for
grants under this subsection.
(B) Requirements.--The criteria shall--
(i) include performance requirements
and a schedule for completion of any
project to be financed by a grant under
this subsection; and
(ii) specifically permit regional or
multi-State applications for funds.
(C) Updates.--The Assistant Secretary and the
Administrator shall update such regulations as
necessary.
(5) Grant certifications.--Each eligible entity shall
certify to the Assistant Secretary at the time of
application, and each eligible entity that receives
such a grant shall certify to the Assistant Secretary
annually thereafter during any period of time the funds
from the grant are available to the eligible entity,
that--
(A) beginning on the date that is 180 days
before the date on which the application as
filed, no portion of any 9-1-1 fee or charge
imposed by the eligible entity (or in the case
that the eligible entity is not a State or
Tribal organization, any State or taxing
jurisdiction within which the eligible entity
will carry out, or is carrying out, activities
using grant funds) are obligated or expended
for a purpose or function not designated under
the rules issued pursuant to section 6(f)(3) of
the Wireless Communications and Public Safety
Act of 1999 (47 U.S.C. 615a-1(f)(3)) (as such
rules are in effect on the date on which the
eligible entity makes the certification) as
acceptable;
(B) any funds received by the eligible entity
will be used consistent with subsection (b)(1)
to support the deployment of Next Generation 9-
1-1 that ensures reliability and
interoperability, by requiring the use of
commonly accepted standards;
(C) the eligible entity (or in the case that
the eligible entity is not a State or Tribal
organization, any State or taxing jurisdiction
within which the eligible entity will carry out
or is carrying out activities using grant
funds) has established, or has committed to
establish not later than 3 years following the
date on which the grant funds are distributed
to the eligible entity--
(i) a sustainable funding mechanism
for Next Generation 9-1-1; and
(ii) effective cybersecurity
resources for Next Generation 9-1-1;
(D) the eligible entity will promote
interoperability between emergency
communications centers deploying Next
Generation 9-1-1 and emergency response
providers, including users of the nationwide
public safety broadband network;
(E) the eligible entity has or will take
steps to coordinate with adjoining States and
Tribes to establish and maintain Next
Generation 9-1-1; and
(F) the eligible entity has developed a plan
for public outreach and education on how the
public can best use Next Generation 9-1-1 and
on the capabilities and usefulness of Next
Generation 9-1-1.
(6) Condition of grant.--Each eligible entity shall
agree, as a condition of receipt of a grant made under
this subsection, that if any State or taxing
jurisdiction within which the eligible entity will
carry out activities using grant funds, during any
period of time during which the funds from the grant
are available to the eligible entity, fails to comply a
certification required under paragraph (5), all of the
funds from such grant shall be returned to the Office.
(7) Penalty for providing false information.--Any
eligible entity that provides a certification under
paragraph (5) knowing that the information provided in
the certification was false shall--
(A) not be eligible to receive the grant
under this subsection;
(B) return any grant awarded under this
subsection; and
(C) not be eligible to receive any subsequent
grants under this subsection.
(8) Prohibition.--Grant funds provided under this
subsection may not be used--
(A) to support any activity of the First
Responder Network Authority; or
(B) to make any payments to a person who has
been, for reasons of national security,
prohibited by any entity of the Federal
Government from bidding on a contract,
participating in an auction, or receiving a
grant.
(c) Definitions.--In this section and sections 160 and 161:
(1) 9-1-1 fee or charge.--The term `` 9-1-1 fee or
charge'' has the meaning given such term in section
6(f)(3)(D) of the Wireless Communications and Public
Safety Act of 1999 (47 U.S.C. 615a-1(f)(3)(D)), as such
rules are in effect as of the date of the
certification.
(2) 9-1-1 request for emergency assistance.--The term
``9-1-1 request for emergency assistance'' means a
communication, such as voice, text, picture,
multimedia, or any other type of data that is sent to a
facility for the purpose of requesting emergency
assistance.
(3) Administrator.--The term ``Administrator'' means
the Administrator of the National Highway Traffic
Safety Administration.
(4) Commonly accepted standards.--The term ``commonly
accepted standards'' mean the technical standards
followed by the communications industry for network,
device, and Internet Protocol connectivity that--
(A) enable interoperability; and
(B) are--
(i) developed and approved by a
standards development organization that
is accredited by an American or
international standards body (such as
the American National Standards
Institute or International Code
Council) in a process--
(I) that is open to the
public, including open for
participation by any person;
and
(II) provides for a conflict
resolution process;
(ii) subject to an open comment and
input process before being finalized by
the standards development organization;
(iii) consensus-based; and
(iv) made publicly available once
approved.
(5) Cost related to training.--The term ``cost
related to training'' means--
(A) actual wages incurred for travel and
attendance, including any necessary overtime
pay and backfill wage;
(B) travel expenses;
(C) instructor expenses; or
(D) facility costs and training materials.
(6) Eligible entity.--The term ``eligible entity''--
(A) means a State or a Tribal organization
(as defined in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 5304));
(B) may be an entity, including a public
authority, board, or commission, established by
one or more entities described in subparagraph
(A); and
(C) does not include any entity that has
failed to submit the certifications required
under subsection (b)(5).
(7) Emergency communications center.--The term
``emergency communications center''--
(A) means a facility that--
(i) is designated to receive a 9-1-1
request for emergency assistance; and
(ii) performs one or more of the
following functions--
(I) process and analyze 9-1-1
requests for emergency
assistance and information and
data related to such requests;
(II) dispatch appropriate
emergency response providers;
(III) transfer or exchange 9-
1-1 requests for emergency
assistance and information and
data related to such requests
with one or more facilities
described under this paragraph
and emergency response
providers;
(IV) analyze any
communications received from
emergency response providers;
and
(V) support incident command
functions; or
(B) may be a public safety answering point,
as defined in section 222 of the Communications
Act of 1934 (47 U.S.C. 222).
(8) Emergency response provider.--The term
``emergency response provider'' has the meaning given
that term under section 2 of the Homeland Security Act
of 2002 (6 U.S.C. 101).
(9) First responder network authority.--The term
``First Responder Network Authority'' means the
authority established under 6204 of the Middle Class
Tax Relief and Job Creation Act of 2012 (47 U.S.C.
1424).
(10) Interoperable.--The term ``interoperable'' or
``interoperability'' means the capability of emergency
communications centers to receive 9-1-1 requests for
emergency assistance and information/data related to
such requests, such as location information and
callback numbers from a person initiating the request,
then process and share the 9-1-1 requests for emergency
assistance and information/data related to such
requests with other emergency communications centers
and emergency response providers without the need for
proprietary interfaces and regardless of jurisdiction,
equipment, device, software, service provider, or other
relevant factors.
(11) Nationwide public safety broadband network.--The
term ``nationwide public safety broadband network'' 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).
(12) Next generation 9-1-1.--The term ``Next
Generation 9-1-1'' means an interoperable, secure,
Internet Protocol-based system that--
(A) employs commonly accepted standards;
(B) enables emergency communications centers
to receive, process, and analyze all types of
9-1-1 requests for emergency assistance;
(C) acquires and integrates additional
information useful to handling 9-1-1 requests
for emergency assistance; and
(D) supports sharing information related to
9-1-1 requests for emergency assistance among
emergency communications centers and emergency
response providers.
(13) Office.--The term ``Office'' means the 9-1-1
Implementation Coordination Office established under
section 158.
(14) Reliability.--The term ``reliability'' or
``reliable'' means the employment of sufficient
measures to ensure the ongoing operation of Next
Generation 9-1-1 including through the use of geo-
diverse, device- and network-agnostic elements that
provide more than one route between end points with no
common points where a single failure at that point
would cause all to fail.
(15) State.--The term ``State'' means any State of
the United States, the District of Columbia, Puerto
Rico, American Samoa, Guam, the United States Virgin
Islands, the Northern Mariana Islands, and any other
territory or possession of the United States.
(16) Sustainable funding mechanism.--The term
``sustainable funding mechanism'' means a funding
mechanism that provides adequate revenues to cover
ongoing expenses, including operations, maintenance,
and upgrades.
(d) Savings Provision.--Nothing in this title, or any
amendment made by this title, shall affect any application
pending or grant awarded under section 158 of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 942) before the date of the enactment of this
section.
SEC. 160. ESTABLISHMENT OF NATIONWIDE NEXT GENERATION 9-1-1
CYBERSECURITY CENTER.
The Assistant Secretary and the Administrator shall establish
a Next Generation 9-1-1 Cybersecurity Center to Coordinate with
State, local, and regional governments on the sharing of
cybersecurity information about, the analysis of cybersecurity
threats to, and guidelines for strategies to detect and prevent
cybersecurity intrusions relating to Next-Generation 9-1-1.
SEC. 161. NEXT GENERATION 9-1-1 ADVISORY BOARD.
(a) Next Generation 9-1-1 Advisory Board.--
(1) Establishment.--The Assistant Secretary and the
Administrator, acting through the Office, shall
establish a ``Public Safety Next Generation 9-1-1
Advisory Board'' (in this section referred to as the
``Board'') to provide recommendations to the Office--
(A) with respect to carrying out the duties
and responsibilities of the Office in issuing
the regulations required under section 159(b);
(B) as required by paragraph (7); and
(C) upon request under paragraph (8).
(2) Membership.--
(A) Voting members.--Not later than 150 days
after the date of enactment of this section,
the Assistant Secretary and the Administrator,
acting through the Office, shall appoint 16
public safety members to the Board, of which--
(i) 4 members shall represent local
law enforcement officials;
(ii) 4 members shall represent fire
and rescue officials;
(iii) 4 members shall represent
emergency medical service officials;
and
(iv) 4 members shall represent 9-1-1
professionals.
(B) Diversity of membership.--Members shall
be representatives of State or Tribes and local
governments, chosen to reflect geographic and
population density differences as well as
public safety organizations at the national
level across the United States.
(C) Expertise.--All members shall have
specific expertise necessary for developing
technical requirements under this section, such
as technical expertise, and expertise related
to public safety communications and 9-1-1
services.
(D) Rank and file members.--A rank and file
member from each of the public safety
disciplines listed in clauses (i) through (iv)
of subparagraph (A) shall be appointed as a
member of the Board and shall be selected from
an organization that represents their public
safety discipline at the national level.
(3) Period of appointment.--
(A) In general.--Except as provided in
subparagraph (B), members of the Board shall
serve for a 3-year term.
(B) Removal for cause.--A member of the Board
may be removed for cause upon the determination
of the Assistant Secretary and the
Administrator.
(4) Vacancies.--Any vacancy in the Board shall be
filled in the same manner as the original appointment.
(5) Quorum.--A majority of the members of the Board
shall constitute a quorum.
(6) Chairperson and vice chairperson.--The Board
shall select a Chairperson and Vice Chairperson from
among the voting members of the Board.
(7) Duty of board to submit recommendations.--Not
later than 120 days after all members of the Board are
appointed under paragraph (2), the Board shall submit
to the Office recommendations for the following--
(A) deploying Next Generation 9-1-1 in rural
and urban areas;
(B) ensuring flexibility in guidance, rules,
and grant funding to allow for technology
improvements;
(C) creating efficiencies related to Next
Generation 9-1-1, including cybersecurity and
the virtualization and sharing of core
infrastructure;
(D) enabling effective coordination among
State, local, Tribal, and territorial
government entities to ensure that the needs of
emergency communications centers in both rural
and urban areas are taken into account in each
implementation plan required under section
159(b)(2)(A)(iii); and
(E) incorporating existing cybersecurity
resources to Next Generation 9-1-1 procurement
and deployment.
(8) Authority to provide additional
recommendations.--Except as provided in paragraphs (1)
and (7), the Board may provide recommendations to the
Office only upon request of the Office.
(9) Duration of authority.--The Board shall terminate
on the date on which funds made available to make
grants under section 159(b) are no longer available to
be expended.
(b) Rule of Construction.--Nothing in this section may be
construed as limiting the authority of the Office to seek
comment from stakeholders and the public.
[Effective on the date of the enactment of H.R. 7624, section
301(b) of such bill (as reported) adds new sections 159-161 to
part C of the National Telecommunications and Information
Administration Organization Act (shown above in italic).
Effective October 1, 2022, section 302(d)(1) of H.R. 7624 (as
reported) provides for further amendments to sections 159
through 161 (as so added) as follows:]
SEC. 159. COORDINATION OF NEXT GENERATION 9-1-1 IMPLEMENTATION.
(a) Additional Functions of 9-1-1 Implementation Coordination
Office.--
(1) Management plan.--
(A) Development.--The Assistant Secretary
[and the Administrator] shall develop a
management plan for the grant program
established under this section, including by
developing--
(i) plans related to the
organizational structure of such
program; and
(ii) funding profiles for each fiscal
year of the duration of such program.
(B) Submission to congress.--Not later than
180 days after the date of the enactment of
this section, the Assistant Secretary [and the
Administrator] shall--
(i) submit the management plan
developed under subparagraph (A) to--
(I) the Committees on
Commerce, Science, and
Transportation and
Appropriations of the Senate;
and
(II) the Committees on Energy
and Commerce and Appropriations
of the House of
Representatives; and
(ii) publish the management plan
developed under subparagraph (A) on the
website of the National
Telecommunications and Information
Administration.
(2) Modification of plan.--
(A) Modification.--The Assistant Secretary
[and the Administrator] may modify the
management plan developed under paragraph
(1)(A).
(B) Submission.--Not later than 90 days after
the plan is modified under subparagraph (A),
the Assistant Secretary shall--
(i) submit the modified plan to--
(I) the Committees on
Commerce, Science, and
Transportation and
Appropriations of the Senate;
and
(II) the Committees on Energy
and Commerce and Appropriations
of the House of
Representatives; and
(ii) publish the modified plan on the
website of the National
Telecommunications and Information
Administration.
(b) Next Generation 9-1-1 Implementation Grants.--
(1) Grants.--The Assistant Secretary, acting through
the Office, shall provide grants to eligible entities
for--
(A) implementing Next Generation 9-1-1;
(B) maintaining Next Generation 9-1-1;
(C) training directly related to
implementing, maintaining, and operating Next
Generation 9-1-1 if the cost related to the
training does not exceed 3 percent of the total
grant award;
(D) public outreach and education on how the
public can best use Next Generation 9-1-1 and
the capabilities and usefulness of Next
Generation 9-1-1;
(E) administrative costs associated with
planning of Next Generation 9-1-1, including
any cost related to planning for and preparing
an application and related materials as
required by this subsection, if--
(i) the cost is fully documented in
materials submitted to the Office; and
(ii) the cost is reasonable,
necessary, and does not exceed 1
percent of the total grant award; and
(F) costs associated with implementing
cybersecurity measures at emergency
communications centers or with respect to Next
Generation 9-1-1.
(2) Application.--In providing grants under paragraph
(1), the Assistant Secretary, acting through the
Office, shall require an eligible entity to submit to
the Office an application, at the time and in the
manner determined by the Assistant Secretary [and the
Administrator], and containing the certification
required by paragraph (3).
(3) Coordination required.--Each eligible entity
shall include in the application required by paragraph
(2) a certification that--
(A) in the case of an eligible entity that is
a State, the entity--
(i) has coordinated the application
with the emergency communications
centers located within the jurisdiction
of the entity;
(ii) has designated a single officer
or governmental body to serve as the
State point of contact to coordinate
the implementation of Next Generation
9-1-1 for that State, except that such
designation need not vest such officer
or governmental body with direct legal
authority to implement Next Generation
9-1-1 or to manage emergency
communications operations; and
(iii) has developed and submitted a
plan for the coordination and
implementation of Next Generation 9-1-1
that--
(I) ensures interoperability
by requiring the use of
commonly accepted standards;
(II) ensures reliable
operations;
(III) enables emergency
communications centers to
process, analyze, and store
multimedia, data, and other
information;
(IV) incorporates
cybersecurity tools, including
intrusion detection and
prevention measures;
(V) includes strategies for
coordinating cybersecurity
information sharing between
Federal, State, Tribal, and
local government partners;
(VI) uses open and
competitive request for
proposal processes, including
through shared government
procurement vehicles, for
deployment of Next Generation
9-1-1;
(VII) documents how input was
received and accounted for from
relevant rural and urban
emergency communications
centers, regional authorities,
local authorities, and Tribal
authorities;
(VIII) includes a governance
body or bodies, either by
creation of new, or use of
existing, body or bodies, for
the development and deployment
of Next Generation 9-1-1 that--
(aa) ensures full
notice and opportunity
for participation by
relevant stakeholders;
and
(bb) consults and
coordinates with the
State point of contact
required by clause
(ii);
(IX) creates efficiencies
related to Next Generation 9-1-
1 functions, including
cybersecurity and the
virtualization and sharing of
infrastructure, equipment, and
services; and
(X) utilizes an effective,
competitive approach to
establishing authentication,
credentialing, secure
connections, and access in
deploying Next Generation 9-1-
1, including by--
(aa) requiring
certificate authorities
to be capable of cross-
certification with
other authorities;
(bb) avoiding risk of
a single point of
failure or
vulnerability; and
(cc) adhering to
Federal agency best
practices such as those
promulgated by the
National Institute of
Standards and
Technology; and
(B) in the case of an eligible entity that is
a Tribal Organization, the Tribal Organization
has complied with clauses (i) and (iii) of
subparagraph (A).
(4) Criteria.--
(A) In general.--Not later than 1 year after
the date of the enactment of this section, the
Assistant Secretary [and the Administrator]
shall issue regulations, after providing the
public with notice and an opportunity to
comment, prescribing the criteria for selection
for grants under this subsection.
(B) Requirements.--The criteria shall--
(i) include performance requirements
and a schedule for completion of any
project to be financed by a grant under
this subsection; and
(ii) specifically permit regional or
multi-State applications for funds.
(C) Updates.--The Assistant Secretary [and
the Administrator] shall update such
regulations as necessary.
(5) Grant certifications.--Each eligible entity shall
certify to the Assistant Secretary at the time of
application, and each eligible entity that receives
such a grant shall certify to the Assistant Secretary
annually thereafter during any period of time the funds
from the grant are available to the eligible entity,
that--
(A) beginning on the date that is 180 days
before the date on which the application as
filed, no portion of any 9-1-1 fee or charge
imposed by the eligible entity (or in the case
that the eligible entity is not a State or
Tribal organization, any State or taxing
jurisdiction within which the eligible entity
will carry out, or is carrying out, activities
using grant funds) are obligated or expended
for a purpose or function not designated under
the rules issued pursuant to section 6(f)(3) of
the Wireless Communications and Public Safety
Act of 1999 (47 U.S.C. 615a-1(f)(3)) (as such
rules are in effect on the date on which the
eligible entity makes the certification) as
acceptable;
(B) any funds received by the eligible entity
will be used consistent with subsection (b)(1)
to support the deployment of Next Generation 9-
1-1 that ensures reliability and
interoperability, by requiring the use of
commonly accepted standards;
(C) the eligible entity (or in the case that
the eligible entity is not a State or Tribal
organization, any State or taxing jurisdiction
within which the eligible entity will carry out
or is carrying out activities using grant
funds) has established, or has committed to
establish not later than 3 years following the
date on which the grant funds are distributed
to the eligible entity--
(i) a sustainable funding mechanism
for Next Generation 9-1-1; and
(ii) effective cybersecurity
resources for Next Generation 9-1-1;
(D) the eligible entity will promote
interoperability between emergency
communications centers deploying Next
Generation 9-1-1 and emergency response
providers, including users of the nationwide
public safety broadband network;
(E) the eligible entity has or will take
steps to coordinate with adjoining States and
Tribes to establish and maintain Next
Generation 9-1-1; and
(F) the eligible entity has developed a plan
for public outreach and education on how the
public can best use Next Generation 9-1-1 and
on the capabilities and usefulness of Next
Generation 9-1-1.
(6) Condition of grant.--Each eligible entity shall
agree, as a condition of receipt of a grant made under
this subsection, that if any State or taxing
jurisdiction within which the eligible entity will
carry out activities using grant funds, during any
period of time during which the funds from the grant
are available to the eligible entity, fails to comply a
certification required under paragraph (5), all of the
funds from such grant shall be returned to the Office.
(7) Penalty for providing false information.--Any
eligible entity that provides a certification under
paragraph (5) knowing that the information provided in
the certification was false shall--
(A) not be eligible to receive the grant
under this subsection;
(B) return any grant awarded under this
subsection; and
(C) not be eligible to receive any subsequent
grants under this subsection.
(8) Prohibition.--Grant funds provided under this
subsection may not be used--
(A) to support any activity of the First
Responder Network Authority; or
(B) to make any payments to a person who has
been, for reasons of national security,
prohibited by any entity of the Federal
Government from bidding on a contract,
participating in an auction, or receiving a
grant.
(c) Definitions.--In this section and sections 160 and 161:
(1) 9-1-1 fee or charge.--The term `` 9-1-1 fee or
charge'' has the meaning given such term in section
6(f)(3)(D) of the Wireless Communications and Public
Safety Act of 1999 (47 U.S.C. 615a-1(f)(3)(D)), as such
rules are in effect as of the date of the
certification.
(2) 9-1-1 request for emergency assistance.--The term
``9-1-1 request for emergency assistance'' means a
communication, such as voice, text, picture,
multimedia, or any other type of data that is sent to a
facility for the purpose of requesting emergency
assistance.
[(3) Administrator.--The term ``Administrator'' means
the Administrator of the National Highway Traffic
Safety Administration.]
(4) Commonly accepted standards.--The term ``commonly
accepted standards'' mean the technical standards
followed by the communications industry for network,
device, and Internet Protocol connectivity that--
(A) enable interoperability; and
(B) are--
(i) developed and approved by a
standards development organization that
is accredited by an American or
international standards body (such as
the American National Standards
Institute or International Code
Council) in a process--
(I) that is open to the
public, including open for
participation by any person;
and
(II) provides for a conflict
resolution process;
(ii) subject to an open comment and
input process before being finalized by
the standards development organization;
(iii) consensus-based; and
(iv) made publicly available once
approved.
(5) Cost related to training.--The term ``cost
related to training'' means--
(A) actual wages incurred for travel and
attendance, including any necessary overtime
pay and backfill wage;
(B) travel expenses;
(C) instructor expenses; or
(D) facility costs and training materials.
(6) Eligible entity.--The term ``eligible entity''--
(A) means a State or a Tribal organization
(as defined in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 5304));
(B) may be an entity, including a public
authority, board, or commission, established by
one or more entities described in subparagraph
(A); and
(C) does not include any entity that has
failed to submit the certifications required
under subsection (b)(5).
(7) Emergency communications center.--The term
``emergency communications center''--
(A) means a facility that--
(i) is designated to receive a 9-1-1
request for emergency assistance; and
(ii) performs one or more of the
following functions--
(I) process and analyze 9-1-1
requests for emergency
assistance and information and
data related to such requests;
(II) dispatch appropriate
emergency response providers;
(III) transfer or exchange 9-
1-1 requests for emergency
assistance and information and
data related to such requests
with one or more facilities
described under this paragraph
and emergency response
providers;
(IV) analyze any
communications received from
emergency response providers;
and
(V) support incident command
functions; or
(B) may be a public safety answering point,
as defined in section 222 of the Communications
Act of 1934 (47 U.S.C. 222).
(8) Emergency response provider.--The term
``emergency response provider'' has the meaning given
that term under section 2 of the Homeland Security Act
of 2002 (6 U.S.C. 101).
(9) First responder network authority.--The term
``First Responder Network Authority'' means the
authority established under 6204 of the Middle Class
Tax Relief and Job Creation Act of 2012 (47 U.S.C.
1424).
(10) Interoperable.--The term ``interoperable'' or
``interoperability'' means the capability of emergency
communications centers to receive 9-1-1 requests for
emergency assistance and information/data related to
such requests, such as location information and
callback numbers from a person initiating the request,
then process and share the 9-1-1 requests for emergency
assistance and information/data related to such
requests with other emergency communications centers
and emergency response providers without the need for
proprietary interfaces and regardless of jurisdiction,
equipment, device, software, service provider, or other
relevant factors.
(11) Nationwide public safety broadband network.--The
term ``nationwide public safety broadband network'' 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).
(12) Next generation 9-1-1.--The term ``Next
Generation 9-1-1'' means an interoperable, secure,
Internet Protocol-based system that--
(A) employs commonly accepted standards;
(B) enables emergency communications centers
to receive, process, and analyze all types of
9-1-1 requests for emergency assistance;
(C) acquires and integrates additional
information useful to handling 9-1-1 requests
for emergency assistance; and
(D) supports sharing information related to
9-1-1 requests for emergency assistance among
emergency communications centers and emergency
response providers.
(13) Office.--The term ``Office'' means the 9-1-1
Implementation Coordination Office established under
section 158.
(14) Reliability.--The term ``reliability'' or
``reliable'' means the employment of sufficient
measures to ensure the ongoing operation of Next
Generation 9-1-1 including through the use of geo-
diverse, device- and network-agnostic elements that
provide more than one route between end points with no
common points where a single failure at that point
would cause all to fail.
(15) State.--The term ``State'' means any State of
the United States, the District of Columbia, Puerto
Rico, American Samoa, Guam, the United States Virgin
Islands, the Northern Mariana Islands, and any other
territory or possession of the United States.
(16) Sustainable funding mechanism.--The term
``sustainable funding mechanism'' means a funding
mechanism that provides adequate revenues to cover
ongoing expenses, including operations, maintenance,
and upgrades.
(d) Savings Provision.--Nothing in this title, or any
amendment made by this title, shall affect any application
pending or grant awarded under section 158 of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 942) before the date of the enactment of this
section.
SEC. 160. ESTABLISHMENT OF NATIONWIDE NEXT GENERATION 9-1-1
CYBERSECURITY CENTER.
The Assistant Secretary [and the Administrator] shall
establish a Next Generation 9-1-1 Cybersecurity Center to
Coordinate with State, local, and regional governments on the
sharing of cybersecurity information about, the analysis of
cybersecurity threats to, and guidelines for strategies to
detect and prevent cybersecurity intrusions relating to Next-
Generation 9-1-1.
SEC. 161. NEXT GENERATION 9-1-1 ADVISORY BOARD.
(a) Next Generation 9-1-1 Advisory Board.--
(1) Establishment.--The Assistant Secretary [and the
Administrator], acting through the Office, shall
establish a ``Public Safety Next Generation 9-1-1
Advisory Board'' (in this section referred to as the
``Board'') to provide recommendations to the Office--
(A) with respect to carrying out the duties
and responsibilities of the Office in issuing
the regulations required under section 159(b);
(B) as required by paragraph (7); and
(C) upon request under paragraph (8).
(2) Membership.--
(A) Voting members.--Not later than 150 days
after the date of enactment of this section,
the Assistant Secretary [and the
Administrator], acting through the Office,
shall appoint 16 public safety members to the
Board, of which--
(i) 4 members shall represent local
law enforcement officials;
(ii) 4 members shall represent fire
and rescue officials;
(iii) 4 members shall represent
emergency medical service officials;
and
(iv) 4 members shall represent 9-1-1
professionals.
(B) Diversity of membership.--Members shall
be representatives of State or Tribes and local
governments, chosen to reflect geographic and
population density differences as well as
public safety organizations at the national
level across the United States.
(C) Expertise.--All members shall have
specific expertise necessary for developing
technical requirements under this section, such
as technical expertise, and expertise related
to public safety communications and 9-1-1
services.
(D) Rank and file members.--A rank and file
member from each of the public safety
disciplines listed in clauses (i) through (iv)
of subparagraph (A) shall be appointed as a
member of the Board and shall be selected from
an organization that represents their public
safety discipline at the national level.
(3) Period of appointment.--
(A) In general.--Except as provided in
subparagraph (B), members of the Board shall
serve for a 3-year term.
(B) Removal for cause.--A member of the Board
may be removed for cause upon the determination
of the Assistant Secretary [and the
Administrator].
(4) Vacancies.--Any vacancy in the Board shall be
filled in the same manner as the original appointment.
(5) Quorum.--A majority of the members of the Board
shall constitute a quorum.
(6) Chairperson and vice chairperson.--The Board
shall select a Chairperson and Vice Chairperson from
among the voting members of the Board.
(7) Duty of board to submit recommendations.--Not
later than 120 days after all members of the Board are
appointed under paragraph (2), the Board shall submit
to the Office recommendations for the following--
(A) deploying Next Generation 9-1-1 in rural
and urban areas;
(B) ensuring flexibility in guidance, rules,
and grant funding to allow for technology
improvements;
(C) creating efficiencies related to Next
Generation 9-1-1, including cybersecurity and
the virtualization and sharing of core
infrastructure;
(D) enabling effective coordination among
State, local, Tribal, and territorial
government entities to ensure that the needs of
emergency communications centers in both rural
and urban areas are taken into account in each
implementation plan required under section
159(b)(2)(A)(iii); and
(E) incorporating existing cybersecurity
resources to Next Generation 9-1-1 procurement
and deployment.
(8) Authority to provide additional
recommendations.--Except as provided in paragraphs (1)
and (7), the Board may provide recommendations to the
Office only upon request of the Office.
(9) Duration of authority.--The Board shall terminate
on the date on which funds made available to make
grants under section 159(b) are no longer available to
be expended.
(b) Rule of Construction.--Nothing in this section may be
construed as limiting the authority of the Office to seek
comment from stakeholders and the public.
* * * * * * *
[all]