```

[Senate Report 114-427]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 446

114th Congress  }                                            {   Report
                                 SENATE                          
2d Session      }                                            {  114-427
_______________________________________________________________________

                                     

                                                       

 MAKING OPPORTUNITIES FOR BROADBAND INVESTMENT AND LIMITING EXCESSIVE 
                 AND NEEDLESS OBSTACLES TO WIRELESS ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2555

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

               December 20, 2016.--Ordered to be printed
               
               
               
               
               
               

   Filed, under authority of the order of the Senate of December 10 
                  (legislative day, December 9), 2016
                  
                  
                  
                           _________ 
                                  
                U.S. GOVERNMENT PUBLISHING OFFICE
69-010                 WASHINGTON : 2016       

                 
                  
                  
                  
                  
                  
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred fourteenth congress
                             second session

                   JOHN THUNE, South Dakota, Chairman
 ROGER F. WICKER, Mississippi         BILL NELSON, Florida
 ROY BLUNT, Missouri                  MARIA CANTWELL, Washington
 MARCO RUBIO, Florida                 CLAIRE McCASKILL, Missouri
 KELLY AYOTTE, New Hampshire          AMY KLOBUCHAR, Minnesota
 TED CRUZ, Texas                      RICHARD BLUMENTHAL, Connecticut
 DEB FISCHER, Nebraska                BRIAN SCHATZ, Hawaii
 JERRY MORAN, Kansas                  ED MARKEY, Massachusetts
 DAN SULLIVAN, Alaska                 CORY BOOKER, New Jersey
 RON JOHNSON, Wisconsin               TOM UDALL, New Mexico
 DEAN HELLER, Nevada                  JOE MANCHIN, West Virginia
 CORY GARDNER, Colorado               GARY PETERS, Michigan
 STEVE DAINES, Montana
                       Nick Rossi, Staff Director
                 Adrian Arnakis, Deputy Staff Director
                    Jason Van Beek, General Counsel
                 Kim Lipsky, Democratic Staff Director
           Christopher Day, Democratic Deputy Staff Director
                 Clint Odom, Democratic General Counsel

                                                       Calendar No. 446
                                                       
114th Congress   }                                        {   Report
                                 SENATE
 2d Session      }                                        {  114-427

======================================================================

 
 MAKING OPPORTUNITIES FOR BROADBAND INVESTMENT AND LIMITING EXCESSIVE 
                 AND NEEDLESS OBSTACLES TO WIRELESS ACT

                                _______
                                

               December 20, 2016.--Ordered to be printed

   Filed, under authority of the order of the Senate of December 10 
                  (legislative day, December 9), 2016

                                _______
                                

Mr. Thune, from the Committee on Commerce, Science, and Transportation, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 2555]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2555) to provide opportunities 
for broadband investment, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment (in the nature of a substitute) and recommends that 
the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of S. 2555, the Making Opportunities for 
Broadband Investment and Limiting Excessive and Needless 
Obstacles to Wireless Act (MOBILE NOW Act), is to help secure 
continued U.S. mobile and fixed broadband leadership by 
ensuring additional licensed and unlicensed spectrum is made 
available for wireless broadband use, by reducing barriers to 
investment and innovation, and by facilitating deployment of 
broadband services and infrastructure, especially in rural 
areas.

                          Background and Needs

    ``High-speed broadband enables Americans to use the 
Internet in new ways, expands access to health services and 
education, increases the productivity of businesses, and drives 
innovation throughout the digital ecosystem.''\1\ Wireless 
services and connectivity have transformed American daily 
life--changing everything from the way we work to the way we 
relax--and have become an essential part of the Nation's 
infrastructure. As of January 2016, 198.5 million people in the 
United States owned smartphones,\2\ and smartphones currently 
comprise at least 77 percent of the traffic on wireless 
networks.\3\ Americans access the Internet on mobile devices 
more often than on computers,\4\ and the number of American 
adults who rely solely on their smartphones for Internet access 
at home is increasing--as of 2015, 13 percent of adults were 
``smartphone-only,'' with no home broadband subscription.\5\
    As President Obama noted almost 6 years ago, ``America's 
future competitiveness and global technology leadership depend, 
in part, upon the availability of additional spectrum. The 
world is going wireless, and we must not fall behind.''\6\ In 
particular Fifth Generation or 5G wireless ``will be a 
revolutionary leap forward in wireless capability that will 
reshape the world around us and fundamentally change how we 
interact with that world.''\7\ The benefits of leading the 
world in the development of a 5G future can only be secured if 
the country acts now to identify the spectrum and facilitate 
the deployment of the infrastructure on which 5G will depend; 
the higher frequencies on which 5G will in part be deployed 
will require increased spectral efficiency and much greater 
density of cell deployment than current cell technology.\8\
    In addition to facilitating the way that most Americans 
communicate, wireless spectrum is a major economic driver. 
Spectrum licensed to U.S. wireless carriers generates more than 
$400 billion annually in economic activity, and wireless 
technologies also enable other sectors of the economy--for 
instance, mobile entertainment generated an estimated $9 
billion in revenues in 2014, and it has been estimated that the 
U.S. telehealth market will grow from $240 million in 2013 to 
$1.9 billion by 2018.\9\
    Despite extraordinary innovation and investment in wired 
and wireless broadband--an estimated $1.4 trillion since 
1996\10\--the Federal Communications Commission (FCC or 
Commission) has found that advanced telecommunications 
capability is not being deployed to all Americans in a 
reasonable and timely fashion and that there is ``a significant 
disparity of access to advanced telecommunications capability 
across America with more than 39 percent of Americans living in 
rural areas lacking access to advanced telecommunications 
capability, as compared to 4 percent of Americans living in 
urban areas, and approximately 41 percent of Americans living 
on tribal lands lacking access to advanced telecommunications 
capability.''\11\
    President Obama has established a goal of making a total of 
500 megahertz (MHz) of additional spectrum available by 2020 
for both mobile and fixed wireless broadband use,\12\ and 
Congress has already taken several steps consistent with that 
goal. In the Middle Class Tax Relief and Job Creation Act of 
2012, Congress (i) directed the Commission and the National 
Telecommunications and Information Administration (NTIA) to 
identify, reallocate, auction, and license certain spectrum for 
commercial Advanced Wireless Services use;\13\ and (ii) 
directed the Commission to conduct an incentive auction of 
broadcast television spectrum in which broadcast television 
licensees could voluntarily relinquish their spectrum usage 
rights in order to permit the assignment by auction of new 
flexible-use licenses.\14\ Further, in the Bipartisan Budget 
Act of 2015, Congress directed the NTIA and the Commission to 
identify, reallocate from Federal use to non-Federal or shared 
Federal and non-Federal use, and auction 30 MHz of 
spectrum.\15\
    However, more spectrum is needed to meet President Obama's 
goal and the expanding requirements of our wireless ecosystem. 
Increasing use of data-intensive applications such as video and 
Internet access has created additional demand for carrier 
networks, and this demand for spectrum is already outpacing 
availability. Cisco reports that U.S. mobile data traffic will 
grow two times faster than U.S. fixed IP traffic over the next 
4 years, traffic from wireless and mobile devices will exceed 
traffic from wired devices by 2019, and the number of connected 
devices in personal, household, or commercial settings is 
expected to grow considerably over the next 5 years. Even 
taking into account the spectrum the Commission is newly making 
available, the United States is facing a significant projected 
spectrum deficit to meet this dramatic rise in network demand. 
To meet America's demand for mobile broadband, it is estimated 
that the wireless industry will need more than 350 MHz of new 
licensed spectrum alone by 2019.\16\ The MOBILE NOW Act would 
build upon Congress' past efforts by ensuring that additional 
capacity is available to meet Americans' needs and to allow the 
wireless sector to continue to be a critical economic stimulant 
for the economy.
    Moreover, a thriving wireless broadband environment 
requires both licensed and unlicensed spectrum. Deploying a 
wireless network is a lengthy, resource intensive process, and 
licensed spectrum helps guarantee reliable service and 
encourages greater investment and technical innovation by 
providing carriers with needed certainty. Similarly, unlicensed 
spectrum guarantees industries and entrepreneurs the spectrum 
they need for the advancement of unlicensed services and 
technologies. Both are necessary to support the growing 
wireless ecosystem, and the MOBILE NOW Act would require that 
the Commission satisfy requirements for both. Specifically the 
MOBILE NOW Act would require the Commission to designate at 
least 100 MHz of the newly available spectrum for licensed use 
and at least 100 MHz for unlicensed use.
    It can take years to identify spectrum that can be made 
available for commercial use, allocate the spectrum, create 
service rules, develop auction rules for spectrum to be 
auctioned, conduct an auction, and relocate incumbent 
operations, all before beginning to deploy the networks 
providing service to American consumers. The NTIA estimated 
that it would take 10 years and cost $18 billion to clear and 
repurpose 95 MHz of spectrum in the 1755 to 1850 MHz band.\17\ 
Much of this process must be undertaken before industry can 
have the reasonable certainty that is necessary to undertake 
massive investment in new technology.
    In order to facilitate deployment of both fixed and mobile 
networks, the MOBILE NOW Act addresses a number of barriers to 
deployment. At the Committee's October 7, 2015, hearing on 
``Removing Barriers to Wireless Broadband Deployment,'' 
witnesses identified a number of steps Congress could take to 
enable faster and more efficient deployment of advanced 
telecommunications services. Noting ``[t]he myriad of processes 
and procedures among different Federal agencies often poses 
insurmountable obstacles to siting wireless infrastructure on 
Federal property,''\18\ witnesses recommended requiring 
agencies to use master templates,\19\ streamlining disparate 
agency processes,\20\ establishing a shot-clock for Federal 
agency consideration of leases,\21\ establishing ``dig-once'' 
procedures to reduce the cost and disruption of 
deployments,\22\ and establishing a database of key information 
regarding Federal properties, with appropriate protections for 
national security.\23\ The MOBILE NOW Act would address each of 
these matters.
    The MOBILE NOW Act is an essential step in making spectrum 
available and promoting deployment necessary to secure American 
5G leadership for the next generation of communications 
technology.
---------------------------------------------------------------------------
    \1\Barack Obama, ``Presidential Memorandum - Expanding Broadband 
Deployment and Adoption by Addressing Regulatory Barriers and 
Encouraging Investment and Training,'' March 23, 2015, https://
www.whitehouse.gov/the-press-office/2015/03/23/presidential-memorandum-
expanding-broadband-deployment-and-adoption-addr (Presidential 
Memorandum).
    \2\``comScore Reports January 2016 U.S. Smartphone Subscriber 
Market Share,''comScore, Mar. 4, 2016, http://www.comscore.com/
Insights/Rankings/comScore-Reports-January-2016-US-Smartphone-
Subscriber-Market-Share.
    \3\``INFOGRAPHIC: Smartphones Comprise 77 Percent of Traffic on 
Wireless Networks,'' Cellular Telecommunications Industry Association 
(CTIA), Jun. 26, 2015, at http://www.ctia.org/resource-library/facts-
and-infographics/archive/infographic-smartphones-comprise-77-percent-
of-traffic-on-wireless-networks; see also VNI Mobile Forecast 
Highlights, 2015-2020, Cisco, http://www.cisco.com/assets/sol/sp/vni/
forecast_highlights_mobile/index.html (last accessed Mar. 21, 2016) 
(predicting that smartphone traffic will continue to increase).
    \4\``KPCB  Internet Trends 2015,'' Kleiner Perkins Caufield Bayers, 
May 27, 2015, at http://www.kpcb.com/file/kpcb-internet-trends-2015.
    \5\John Horrigan and Maeve Duggan, Home Broadband 2015, Pew 
Research Center, Dec. 21, 2015, at http://www.pewinternet.org/2015/12/
21/1-home-broadband-adoption-modest-decline-from-2013-to-2015/.
    \6\Unleashing the Wireless Broadband Revolution, Executive 
Memorandum, June 28, 2010, 75 FR 38387.
    \7\Remarks of Chairman John Thune, February 9, 2016, at http://
www.commerce.senate.gov/public/index.cfm/speeches?ID=016478D3-0C39-
4D7C-B65E-CE422C335E4.
    \8\See, e.g., Use of Spectrum Bands Above 24 GHz for Mobile Radio 
Services, Report and Order and Further Notice of Proposed Rulemaking, 
31 FCC Rcd 8014, 8053, FCC 16-89, para. 96.
    \9\Coleman Bazelon and Giulia McHenry, Mobile Broadband Spectrum: A 
Vital Resource for the U.S. Economy, The Brattle Group, 2, May 11, 
2015, at http://www.ctia.org/docs/default-source/default-document-
library/brattle_spectrum_051115.pdf.
    \10\https://www.ustelecom.org/broadband-industry/broadband-
industry-stats/investment.
    \11\FCC 16-6, para 4.
    \12\Unleashing the Wireless Broadband Revolution, Presidential 
Memorandum, June 28, 2010, at https://www.whitehouse.gov/the-press-
office/presidential-memorandum-unleashing-wireless-broadband-
revolution.
    \13\Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 
No. 112-96, 126 Stat. 156, Sec.  6401 (2012) (codified at 47 U.S.C. 
Sec.  1451).
    \14\Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 
No. 112-96, 126 Stat. 156, Sec.  6403 (2012) (codified at 47 U.S.C. 
Sec.  1452).
    \15\Bipartisan Budget Act of 2015, Pub. L. No. 114-974, 129 Stat. 
585, Sec. Sec.  1001-1008 (codified as in scattered sections of 47 
U.S.C.).
    \16\Coleman Bazelon and Giulia McHenry, Substantial Licensed 
Spectrum Deficit (2015-2019): Updating the FCC's Mobile Data Demand 
Projections, The Brattle Group, 1, May 11, 2015, http://
www.brattle.com/system/news/pdfs/000/000/891/original/
Substantial_Licensed_Spectrum_Deficit_(2015-2019)_-
_Updating_the_FCC's_Mobile_Data_Demand_Projections.pdf?1435613076.
    \17\U.S. Department of Commerce, An Assessment of the Viability of 
Accommodating Wireless Broadband in the 1755 - 1850 MHz Band, March, 
2012, at https://www.ntia.doc.gov/files/ntia/publications/
ntia_1755_1850_mhz_report_march2012.pdf.
    \18\Testimony of Hon. Jonathan S. Adelstein, President & CEO, 
Personal Communications Industry Association (PCIA)- The Wireless 
Infrastructure Association (WIA), Senate Committee on Commerce, 
Science, and Transportation, Removing Barriers to Wireless Broadband 
Deployment, October 7, 2015, available at https://
www.commerce.senate.gov/public/_cache/files/776a69e3-5891-476f-85fb-
945ba3ed518a/56E37595DFA44623573E920E7E04A421.adelstein-qfr-
responses.pdf.
    \19\Testimony of Mr. Douglas Kinkopf, Associate Administrator, 
Office of Telecommunications and Information Applications National 
Telecommunications and Information Administration, Senate Committee on 
Commerce, Science, and Transportation, Removing Barriers to Wireless 
Broadband Deployment, October 7, 2015, video available at http://
www.commerce.senate.gov/public/index.cfm/hearings?ID=D7B621C5-BEB5-
418D-B814-AEBFF10FFC21.
    \20\Testimony of Mr. Bruce Morrison, Vice President, Operations and 
Network Build, Region North America, Ericsson, Senate Committee on 
Commerce, Science, and Transportation, Removing Barriers to Wireless 
Broadband Deployment, October 7, 2015, at http://
www.commerce.senate.gov/public/index.cfm/hearings?ID=D7B621C5-BEB5-
418D-B814-AEBFF10FFC21.
    \21\Id. See also Testimony of Hon. Gary Resnick, Mayor of Wilton 
Manors, Florida, Senate Committee on Commerce, Science, and 
Transportation, Removing Barriers to Wireless Broadband Deployment, 
October 7, 2015, video available at http://www.commerce.senate.gov/
public/index.cfm/hearings?ID=D7B621C5-BEB5-418D-B814-AEBFF10FFC.
    \22\Testimony of Hon. Jonathan S. Adelstein, President & CEO, PCIA 
- The Wireless Infrastructure Association, Senate Committee on 
Commerce, Science, and Transportation, Removing Barriers to Wireless 
Broadband Deployment, October 7, 2015, at http://
www.commerce.senate.gov/public/index.cfm/hearings?ID=D7B621C5-BEB5-
418D-B814-AEBFF10FFC21.
    \23\Testimony of Mr. Douglas Kinkopf, Associate Administrator, 
Office of Telecommunications and Information Applications National 
Telecommunications and Information Administration, Senate Committee on 
Commerce, Science, and Transportation, Removing Barriers to Wireless 
Broadband Deployment, October 7, 2015, at http://
www.commerce.senate.gov/public/index.cfm/hearings?ID=D7B621C5-BEB5-
418D-B814-AEBFF10FFC21.
    \1\The FCC awards most licenses to use the electromagnetic spectrum 
through competitive auctions. Those licenses give entities an exclusive 
right to use specific frequencies, subject to certain conditions. 
Spectrum made available on an unlicensed basis usually is available to 
any user, subject to restrictions aimed at preventing interference with 
other users.
    \24\The FCC and the National Telecommunications and Information 
Administration: Coordination Procedures in the 1675-1710 MHz Bands, 
Public Notice, GN Docket No. 13-185, 10-11 (rel. Jul. 18, 2014).
    \25\See Amendment of the Commission's Rules with Regard to 
Commercial Operations in the 1695-1710 MHz, 1755-1780 MHz, and 2155-
2180 MHz Bands, Report and Order, 29 FCC Rcd. 4610, para. 1 (2014) 
(providing for the auction of spectrum in the 1695-1710 MHz, 1755-1780 
MHz, and 2155-2180 MHz bands - the Advanced Wireless Service, or ``AWS-
3,'' bands); Amendment of the Commission's Rules with Regard to 
Commercial Operations in the 3550-3650 MHz Band, Report and Order, 30 
FCC Rcd. 3959, para.para. 63-64, 72 (2015) (establishing the Citizens 
Broadband Radio Service in the frequencies between 3550 and 3700 MHz; 
providing that a maximum of 70 MHz of this spectrum will be available 
on a licensed basis with the licenses assigned via auction, and the 
remainder will be available on a license-by-rule basis; and providing 
that where the licensed portion of this spectrum is not being used by 
licensees, other parties may operate opportunistically on the spectrum 
on a license-by-rule basis).
    \26\Formerly known as the National Science Historic Preservation 
Act. See enactment of title 54 by Public Law 113-287.
---------------------------------------------------------------------------

                         Summary of Provisions

    To facilitate deployment of advanced telecommunications 
capability, MOBILE NOW would make more spectrum available for 
fixed and mobile broadband and would facilitate deployment of 
the infrastructure essential for the future of advanced 
telecommunications capability.
    MOBILE NOW would do the following, among other things:
           Require that 255 MHz of spectrum be made 
        available for fixed and mobile wireless broadband use 
        by 2020. At least 100 MHz would be available on an 
        unlicensed basis, and at least 100 MHz on an exclusive, 
        licensed basis.
           Direct the NTIA to study the impact of 
        allowing fixed or mobile operations in certain 
        identified spectrum bands with existing Federal users, 
        and subsequently direct the FCC to publish a notice of 
        proposed rulemaking regarding service rules for mobile 
        or fixed wireless operation in those and additional 
        specified bands.
           Require the Secretary of Commerce (the 
        Secretary) to evaluate and report to Congress on the 
        feasibility of allowing commercial wireless services in 
        the spectrum band between 3100 and 3500 MHz, and 
        require the Commission to do the same regarding the 
        spectrum band between 3700 to 4200 MHz.
           Streamline the process of applying for 
        easements, rights-of-way, and leases for federally-
        managed property.
           Establish a National Broadband Facilities 
        Asset Database of Federal property, and make the 
        database available to entities that construct or 
        operate communications facilities.
           Direct the Secretary to prepare a report of 
        legislative and regulatory proposals, including use of 
        the auction proceeds, to provide incentives to Federal 
        entities to relinquish or share spectrum with Federal 
        and non-Federal users.
           Require the FCC to study the best means of 
        providing Federal entities shared access to non-Federal 
        spectrum, for example during emergencies.
           Require the FCC to adopt rules regarding 
        unlicensed operations in guard bands designated by the 
        Commission.
           Require the FCC to conduct a rulemaking 
        regarding the partitioning and disaggregation of 
        spectrum licenses, and other measures, to promote 
        availability of advanced telecommunications services in 
        rural areas.
           Require the FCC to develop a national plan 
        for making additional radio frequency bands available 
        for unlicensed operations.

                          Legislative History

    On July 29, 2015, the Committee held a hearing on 
``Wireless Broadband and the Future of Spectrum Policy.'' The 
Committee received testimony concerning steps Congress could 
take to promote the availability of additional spectrum as the 
wireless industry begins its planning for 5G wireless networks. 
It also heard from various witnesses on other improvements 
Congress and the FCC could make to national spectrum policy.
    On October 7, 2015, the Committee held a hearing on 
``Removing Barriers to Wireless Broadband Deployment.'' The 
Committee received testimony regarding the importance of fixed 
and mobile wireless service to the U.S. economy, the need for 
additional spectrum to meet consumer demand, the need to 
streamline the process for deploying and densifying wireless 
networks, the technology gap facing rural America, and the role 
of local governments in deployment of wireless infrastructure.
    On February 11, 2016, Senators Thune and Nelson introduced 
S. 2555, the MOBILE NOW Act.
    On March 3, 2016, the Committee held an Executive Session, 
during which S. 2555 was considered. The bill was approved 
unanimously, by voice vote, and was ordered to be favorably 
reported, as amended, with an amendment (in the nature of a 
substitute).
    Twelve first degree amendments to S. 2555 were agreed to by 
voice vote. The manager's amendment sponsored by Senator Thune 
made numerous changes throughout the bill. The amendment 
sponsored by Senator Booker would require the Government 
Accountability Office (GAO) to assess unlicensed spectrum and 
Wi-Fi usage in low-income neighborhoods.
    The amendment sponsored by Senator Daines would require the 
Secretary and the FCC to consider the importance of the 
deployment of wireless broadband services in rural areas of the 
United States when making spectrum available pursuant to 
section 3 of the MOBILE NOW Act.
    The amendment sponsored by Senators Gardner, Booker, 
Blumenthal, and Rubio would require that the 500 MHz of 
spectrum made available pursuant to section 3 of the Act 
contain not less than 100 MHz of unlicensed spectrum and 100 
MHz of spectrum licensed on an exclusive basis for commercial 
mobile use.
    The amendment sponsored by Senator Heller would require 
various Federal agencies to develop and report to Congress 
recommendations to streamline the process for considering 
applications requesting collocation, removal, or replacement of 
transmission equipment on an existing wireless tower or base 
stations.
    The amendment sponsored by Senators Heller and Manchin 
would require an executive agency that receives a duly filed 
application for certain easements, rights-of-way, or leases to 
grant or deny the application within 270 days.
    The amendment sponsored by Senators Klobuchar, Daines, 
Gardner, and Booker would expand the use of rights-of-way on 
Federal-aid highways to accommodate broadband infrastructure 
and to improve broadband connectivity to rural communities and 
broadband services in urban areas.
    The amendment sponsored by Senators Klobuchar, Fischer, 
Daines, Udall, Manchin, Sullivan, and Ayotte would direct the 
FCC to begin a rulemaking related to partitioning or 
disaggregation of certain spectrum licenses when the FCC finds 
that doing so would likely result in increased availability of 
advanced telecommunications services in a rural area.
    The amendment sponsored by Senators Moran, Manchin, and 
Fischer would ensure that methods of collecting taxes and fees 
by private citizens on behalf of State and local governments 
are fair and effective and do not discriminate against 
interstate commerce for wireless telecommunications services.
    The amendment sponsored by Senator Peters would require the 
National Broadband Facilities Asset Database to be made 
available to State and local governments for inclusion in the 
database of information similar to that provided for certain 
properties managed by executive agencies, and would require a 
report on incentivizing participation by State and local 
governments to provide information for the National Broadband 
Facilities Asset Database.
    The amendment sponsored by Senator Schatz would state the 
policy of the United States with regard to unlicensed spectrum 
and would require the development of a national plan for making 
additional radio frequency bands available for unlicensed 
operations.
    The amendment sponsored by Senator Udall would allow the 
Secretary establish prize competitions for the development and 
commercialization of technology that improves spectrum 
efficiency and is capable of cost-effective deployment.

                            Estimated Costs

    In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

S. 2555--Making Opportunities for Broadband Investment and Limiting 
        Excessive and Needless Obstacles to Wireless Act

    Summary: S. 2555 would authorize federal agencies to 
implement various programs and measures related to management 
of the electromagnetic spectrum. It would direct federal 
agencies to prepare reports, develop information for firms that 
provide telecommunications services, award prizes for advanced 
technologies, and ensure that certain radio frequencies are 
made available for commercial uses. The bill also would 
establish terms and conditions under which state and local 
governments may assess taxes or fees on certain 
telecommunication services.
    CBO estimates that implementing the bill would cost $85 
million over the 2017-2021 period, subject to appropriation of 
the necessary amounts, mainly to develop new data systems and 
carry out spectrum management activities. CBO also estimates 
that enacting S. 2555 would increase net direct spending by 
$135 million over the 2017-2026 period, primarily as a result 
of provisions that would accelerate spending related to making 
federal spectrum available for commercial use. Because enacting 
the bill would affect direct spending, pay-as-you-go procedures 
apply. Enacting S. 2555 would not affect revenues.
    CBO estimates that enacting the legislation would not 
increase net direct spending or on-budget deficits by more than 
$5 billion in any of the four consecutive 10-year periods 
beginning in 2027.
    S. 2555 would impose intergovernmental mandates as defined 
in the Unfunded Mandate Reform Act (UMRA) by preempting state 
and local tax laws related to wireless telecommunication 
services and by preempting the jurisdiction of state and local 
courts in some cases. CBO estimates that the costs of the 
mandates, mostly in the form of foregone revenue to state and 
local governments, would not exceed the threshold established 
in UMRA ($77 million in 2016, adjusted annually for inflation).
    If the Federal Communications Commission (FCC) increases 
annual fee collections to offset the costs of implementing the 
bill, doing so would increase the cost of an existing private-
sector mandate on some commercial entities regulated by the 
agency. Based on information from the FCC, CB0 estimates that 
the incremental cost of the mandate would be small, and fall 
well below the annual threshold established in UMRA for 
private-sector mandates ($154 million in 2016, adjusted 
annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary effect of S. 2555 is shown in the following table. 
The costs of this legislation fall within several budget 
functions, including 370 (commerce and housing credit) and 800 
(general government).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, in millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2017   2018   2019   2020   2021   2022   2023   2024   2025   2026  2017-2021  2017-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      INCREASE IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level...............................      5     27     25     25     24      3      3      3      4      4       106        123
Estimated Outlays...........................................      4     11     20     25     25     18      9      3      4      4        85        123
 
                                                       INCREASE OR DECREASE (-) IN DIRECT SPENDING
 
Estimated Budget Authority..................................      9     11     10      9      9      6      1     -3     52     31        48        135
Estimated Outlays...........................................      9     11     10      9      9      6      1     -3     52     31        48        135
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted near the start of fiscal year 2017 and 
that the estimated amounts will be appropriated each year. 
Outlay estimates are based on historical spending patterns for 
affected programs.

Spending subject to appropriation

    CBO estimates that implementing S. 2555 would cost $85 
million over the 2017-2021 period, assuming appropriation of 
the necessary amounts. That estimate is net of fees that would 
be collected by the FCC to offset the agency's administrative 
costs under the bill.
    Database of Federal Property for Telecommunications Uses. 
Under S. 2555, the Office of Science and Technology Policy 
(OSTP) would be required to establish a single database of 
information about federal real property that could be used as 
sites for telecommunications equipment owned and operated by 
nonfederal entities. Subject to certain restrictions, the 
database would be available to firms that construct or operate 
such facilities as well as to firms that provide communication 
services. The bill also would direct OSTP to include any data 
provided voluntarily by state or local governments related to 
the availability of real property under their purview that 
could be used as sites for such equipment.
    The federal government currently maintains extensive 
information on its real property holdings--which include nearly 
39 million acres of land and more than 275,000 buildings--but 
those databases do not indicate whether those properties would 
be appropriate sites for telecommunications equipment. CBO 
anticipates that more than 20 federal agencies would need to 
review the suitability of their property holdings for this 
purpose, which may involve assessing environmental and historic 
features as well as considering national security and public 
safety.
    The cost to prepare such an inventory would vary 
significantly depending on the level of detail included. Based 
on information from agencies and the cost of creating other 
federal databases, CBO estimates that preparing this data would 
cost large federal agencies, on average, about $4 million. In 
addition, CBO estimates that creating and maintaining the 
database would cost about $3 million annually. Thus, CBO 
estimates that the cost of implementing this effort would total 
$71 million over the 2017-2021 period, assuming appropriation 
of the necessary amounts. Those costs could be higher if OSTP 
would need to integrate information from state and local 
governments, alternatively, costs could be lower if agencies do 
less analysis of the suitability of specific properties for 
private communications equipment.
    Spectrum Management. S. 2555 would direct the National 
Telecommunications and Information Administration (NTIA) and 
the FCC to conduct various studies and regulatory proceedings 
related to radio frequencies that may become available in the 
future for new uses. For example, the bill would require NTIA 
to study whether certain spectrum bands currently used by 
federal agencies could be used by nonfederal entities; 
following that report, the FCC would be required to undergo a 
rulemaking process on the possibility of reallocating those and 
other frequencies for new commercial uses. In addition, both 
agencies would be required to assist OSTP in developing the 
database of federal property and to develop plans for making 
spectrum available on either a licensed or an unlicensed 
basis.\1\
---------------------------------------------------------------------------
    \1\The FCC awards most licenses to use the electromagnetic spectrum 
through competitive auctions. Those licenses give entities an exclusive 
right to use specific frequencies, subject to certain conditions. 
Spectrum made available on an unlicensed basis usually is available to 
any user, subject to restrictions aimed at preventing interference with 
other users.
---------------------------------------------------------------------------
    Based on information from those agencies, CBO estimates 
that the spectrum management activities required by the bill 
would cost the NTIA $8 million over the 2017-2021 period. 
Implementing the bill also would cost the FCC $6 million over 
the 2017-2021 period.
    Under current law the FCC is authorized to collect fees 
sufficient to offset the cost of its regulatory activities each 
year; therefore, CBO estimates that the spectrum management 
activities would have a negligible effect on net discretionary 
costs for the FCC, assuming appropriation actions consistent 
with that authority.
    Technology Prize. S. 2555 would establish a prize 
competition aimed at spurring the commercialization of more 
efficient and cost-effective technologies for using the 
electromagnetic spectrum. The competition would be administered 
by the Secretary of Commerce in collaboration with other 
federal agencies. The bill would authorize the appropriation of 
$5 million for prize awards and such sums as may be necessary 
to administer the program. Based on the historical costs of 
administering other federal prize competitions, CBO estimates 
that implementing this program would cost a total $6 million, 
assuming the appropriation of the necessary amounts.

Direct spending

    CBO estimates that enacting S. 2555 would increase direct 
spending by $135 million over the 2017-2026 period, primarily 
as a result of provisions that would accelerate spending from 
the Spectrum Relocation Fund (SRF). Most of those costs would 
be offset by lower spending after 2026.
    Spectrum Relocation Fund. Current law authorizes federal 
agencies to spend a portion of the proceeds from spectrum 
auctions, without further appropriation, to cover the costs 
they incur to make federal frequencies available for new 
commercial uses. Under current law, such spending cannot begin 
until after the FCC awards licenses to the winning bidders and 
deposits the proceeds into the SRF. S. 2555 would authorize the 
Office of Management and Budget to borrow funds from the 
Treasury immediately after an auction closes and to deposit 
those amounts in the SRF. Making SRF funds available 
immediately following the end of a spectrum auction would 
accelerate spending from the fund. Because major relocation 
efforts typically take several years to complete, CBO estimates 
that enacting this provision would shift some outlays that 
otherwise would have occurred after 2026 into the 2017-2026 
period. On balance, CBO estimates that this shift in the timing 
of outlays would increase net direct spending by $100 million 
over the 2017-2026 period, primarily reflecting faster spending 
for costs associated with an auction that is expected to be 
completed in 2025.
    S. 2555 also would allow agencies to spend SRF funds sooner 
to plan for relocation efforts. Agencies currently may spend a 
portion of the funds in the SRF to develop relocation plans for 
auctions that are expected to occur within five years; this 
bill would authorize that spending to occur for auctions that 
may be scheduled within eight years. Based on information from 
agencies involved in relocation efforts, CBO estimates that 
this change would increase net direct spending by about $15 
million over the 2017-2026 period and reduce outlays by 
corresponding amounts after 2026.
    Fees for telecommunications leases. Under current law fees 
that agencies charge to grant easements and rights-of-way for 
siting communications facilities on federal property may only 
be set to cover the agencies' direct costs related to granting 
such easements and rights-of-way. Furthermore, those fees may 
not be spent without further appropriation. S. 2555 would apply 
those same conditions to leases that are issued for siting 
private 'communication facilities on federal property.
    The budgetary effects of applying those restrictions to 
leases would depend on the disposition of leasing proceeds 
under current law. For example, some agencies are allowed to 
spend the income from communications leases without further 
appropriation. CBO expects that reducing the amount collected 
in those instances would have no net effect on direct spending 
(because the loss of receipts would be offset by lower 
spending) but would increase costs needing to be covered by 
appropriations. By contrast, reducing fees that currently 
cannot be spent without further appropriation would reduce the 
amount of income that otherwise would have been deposited in 
the Treasury as offsetting receipts (which are recorded in the 
budget as reductions in direct spending).
    CBO estimates that enacting this provision would primarily 
affect leasing fees deposited in the Federal Buildings Fund 
(FBF) by the General Services Administration (GSA), which may 
be spent only as provided in appropriation acts. According to 
GSA, the agency deposited $2 million and $3 million from 
communications leases into the FBF in 2014 and 2015, 
respectively. Based on information on the value of fees charged 
for cost recovery by other agencies for granting 
telecommunications rights-of-ways and easements, CBO estimates 
that proceeds from GSA's new and renewed leases would be at 
least 90 percent lower than the market-based fees for leases 
collected under current law. In addition, CBO anticipates that 
such fees would be paid once, at the time of application, 
whereas leasing fees are paid annually over the life of the 
lease, which may be in effect for up to 20 years. On balance, 
CBO estimates that implementing this change would reduce net 
offsetting receipts (which increase direct spending) by $20 
million over the 2017-2026 period.
    Other provisions. CBO estimates that other provisions in 
the bill would have no significant net effect on direct 
spending. For example, S. 2555 would direct the FCC and NTIA to 
make 255 megaherz of spectrum available for new commercial uses 
by 2020 on a licensed and unlicensed basis. CBO estimates that 
those requirements would have no significant net effect on 
projected proceeds from the FCC's auctions because CBO 
anticipates that the FCC would auction licenses to use similar 
amounts of spectrum under its existing auction authority.
    Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays that are subject to those 
pay-as-you-go procedures are shown in the following table.

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 2555, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON MARCH 3, 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2016   2017   2018   2019   2020   2021   2022   2023   2024   2025   2026  2016-2021  2016-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact.......................      0      9     11     10      9      9      6      1     -3     52     31        48        135
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Increase in long term direct spending and deficits: CBO 
estimates that enacting the legislation would not increase net 
direct spending or on-budget deficits by more than $5 billion 
in any of the four consecutive 10-year periods beginning in 
2027.
    Estimated impact on state, local, and Tribal governments: 
S. 2555 would impose intergovernmental mandates as defined in 
UMRA by preempting state and local tax laws related to wireless 
telecommunication services. The language of Section 21 is 
circular in nature, and consequently, it is difficult to 
clearly determine when state or local taxing authority would be 
allowed and when it would be preempted. For the purposes of 
this estimate, CBO has assumed that the bill would prohibit 
state and local governments from collecting taxes on 
telecommunication services that are bundled with prepaid phones 
(or sold subsequently to reload wireless minutes) unless those 
taxes are levied on the retail seller of the prepaid phone or 
minutes. For instance, a state could not collect taxes from the 
company that provides minutes for a prepaid phone if those 
minutes are sold by a separate retailer that does not provide 
the minutes directly to the user; instead, they would need to 
collect the tax from the retailer.
    Most states that levy telecommunications taxes on the sale 
of prepaid phones or minutes collect the taxes from retailers. 
CBO could identify only two states with laws that would allow 
taxes to be collected for prepaid wireless minutes from 
telecommunication providers that did not sell the phones 
directly. The revenues those states collect from such 
transactions total about $5 million annually. While such taxes 
would clearly be prohibited by Section 21, the language in the 
bill is written generally and is not explicitly limited to the 
taxation of telecommunication services associated with prepaid 
phones. Even so, CBO could identify no other likely case in 
which Section 21 would prohibit the collection of state taxes. 
Consequently, CBO estimates that the cost to state and local 
governments in the form of forgone revenues would fall well 
below the threshold established in UMRA ($77 million in 2016, 
adjusted annually for inflation). The bill also would preempt 
the authority of state and local courts to assert jurisdiction 
in cases that involve such taxation. That preemption also would 
be a mandate as defined in UMRA, but it would impose no 
significant costs in and of itself.
    Finally, the bill would require states that receive federal 
highway aid to meet new requirements to facilitate the 
installation of broadband infrastructure. Such requirements 
would be conditions of assistance and thus not 
intergovernmental mandates as defined in UMRA.
    Estimated impact on the private sector: If the FCC 
increases annual fee collections to offset the costs of 
implementing the bill, doing so would increase the cost of an 
existing private-sector mandate on some commercial entities 
regulated by the agency. The FCC is authorized to collect fees 
sufficient to offset its regulatory costs each year, subject to 
its annual appropriation. Based on information from the FCC, 
CBO estimates that the incremental cost of the mandate would be 
small--no more than about $6 million over the 2017-2021 
period--and fall well below the annual threshold established in 
UMRA for private-sector mandates ($154 million in 2016, 
adjusted annually for inflation).
    Estimate prepared by: Federal costs: Kathleen Gramp; Impact 
on State, Local, and Tribal Governments: Rachel Austin; Impact 
on the Private Sector: Logan Smith.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                           Regulatory Impact

    In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       number of persons covered

    States and local jurisdictions would be covered by the 
bill's provision dealing with the collection of taxes, fees, or 
surcharges related to wireless telecommunications services. 
Otherwise, the number of persons covered by this legislation 
should be consistent with current levels.

                            economic impact

    The legislation would promote more efficient use of 
spectrum and the efficient deployment of fixed and mobile 
broadband throughout the United States, allowing the Nation to 
extend its technology leadership to the next generation of 
communications technology and extending to more Americans the 
benefits of advanced telecommunications capability. The 
legislation would remove barriers to deployment of 
communications networks--an industry responsible for an 
estimated $1.4 trillion investment in the last 20 years--and 
maximize the value of America's spectrum resources for the 
American consumer in an industry that generates hundreds of 
billions of dollars of economic activity annually.

                                privacy

    The bill would not have any adverse impact on the personal 
privacy of individuals.

                               paperwork

    The Committee does not anticipate a major increase in 
paperwork burdens resulting from the passage of this 
legislation.

                   Congressionally Directed Spending

    In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis

Section 1. Short title; table of contents.

    This section would provide that the bill may be cited as 
the ``Making Opportunities for Broadband Investment and 
Limiting Excessive and Needless Obstacles to Wireless Act'' or 
the ``MOBILE NOW Act.'' This section would further provide a 
table of contents for the bill.

Section. 2. Definitions.

    This section would provide definitions for various terms 
used throughout the bill.

Section 3. Making 500 megahertz available.

    Section 3(a)(1) would direct the Secretary, through the 
NTIA and the Commission, to make at least 255 additional MHz of 
Federal and non-Federal spectrum below the frequency of 6000 
MHz available for mobile and fixed wireless broadband use on a 
licensed or unlicensed basis by December 31, 2020.
    By directing the Secretary and the Commission to make 
spectrum available below 6000 MHz, the Committee recognizes 
that technology in those bands is currently the most mature for 
mobile and fixed deployment and can best be used to meet 
immediate and medium-term requirements. Lower band spectrum--
below 3000 MHz--is particularly valuable for licensed mobile 
wireless use because of its propagation characteristics and 
proximity to other spectrum already being used in licensed 
commercial mobile networks.
    Section 3(a)(2) would provide additional direction to the 
Commission on how the 255 MHz of spectrum under section 3(a)(1) 
should be made available. In particular, section 3(a)(2)(A) 
would require the Commission to make the spectrum available 
either for exclusive use, or on a shared basis by non-Federal 
and Federal users for licensed or unlicensed use. Section 
3(a)(2)(B) would further clarify that the Commission must make 
at least 100 MHz available on an unlicensed basis, and at least 
100 MHz available on an exclusive, licensed basis for 
commercial mobile use. The 100 MHz available for exclusive, 
licensed commercial use would be subject to the Commission's 
authority to implement exclusive licensing in a flexible 
manner, including allowing incumbent Federal entities to 
continue to use that spectrum in designated geographic areas 
indefinitely.
    The section would leave to the Commission's discretion, 
based on its assessment of needs, the designation of the 
remaining 55 MHz of spectrum that this section would require 
the Commission and the Secretary to make available.
    By stating that 100 MHz of spectrum must be made available 
for exclusive, licensed use, the Committee intends that this 
spectrum not be generally shared with non-Federal and Federal 
users as specified in section   3(a)(2)(A). Nevertheless, the 
Committee recognizes the great success that has been achieved 
by Federal entities cooperating with winners of the Advanced 
Wireless Service (AWS-3) auction. AWS-3 licensees must protect 
Federal entities in that spectrum, and the Commission has 
required AWS-3 licensees and Federal entities to work together 
to share information about their systems, agree to appropriate 
interference methodologies, and communicate results so as to 
facilitate commercial use of the band. The Commission and the 
NTIA have jointly issued guidance for licensees and Federal 
entities regarding the coordination process.\24\ Accordingly, 
section 3(a)(2)(B) would allow the Commission to replicate the 
AWS-3 success by allowing incumbent Federal licensees in the 
100 MHz of spectrum available for exclusive, licensed 
commercial use to continue to operate indefinitely.
---------------------------------------------------------------------------
    \24\The FCC and the National Telecommunications and Information 
Administration: Coordination Procedures in the 1675-1710 MHz Bands, 
Public Notice, GN Docket No. 13-185, 10-11 (rel. Jul. 18, 2014).
---------------------------------------------------------------------------
    By stating that the spectrum specified in section 
3(a)(2)(B) should be licensed in a flexible manner, the 
Committee intends that the Commission permit licensees to offer 
services of their choice--fixed or mobile--consistent with the 
Commission's Table of Allocations under the regulatory scheme--
common carrier or non-common carrier--appropriate to those 
services. This flexibility is consistent with the Commission's 
recent approach to licensing mobile wireless spectrum.
    The Committee intends that the 100 MHz of unlicensed 
spectrum referenced in section 3(a)(2)(B) be available for 
shared use by non-Federal and Federal users.
    Under section 3(a)(3), the Commission and the Secretary 
would not be permitted to consider the following spectrum in 
determining which frequencies to make available pursuant to 
this section: (i) the frequencies between 1695 and 1710 MHz; 
(ii) the frequencies between 1755 and 1780 MHz; (iii) the 
frequencies between 2155 and 2180 MHz; (iv) the frequencies 
between 3550 and 3700 MHz; and (v) any spectrum that the 
Commission determines had more than de minimis mobile or fixed 
wireless broadband operations within the band on the day before 
the date of enactment of this Act.
    The Commission has taken steps in recent years to make more 
spectrum available for mobile use. The spectrum specified in 
section 3(a)(3) has either already been auctioned or the 
Commission has already taken steps to permit its use.\25\ Thus, 
to ensure that the Commission and the NTIA make available new 
frequencies, section 3(a)(3) would prevent the Commission and 
the NTIA from considering the spectrum specified above. In 
addition, section 3(a)(3)(E) would clarify that even where 
spectrum is not listed in subparagraphs (A) through (D) of 
section 3(a)(3), if the Commission has already permitted the 
use of that spectrum, it should not be counted toward the 255 
MHz requirement imposed by this section.
---------------------------------------------------------------------------
    \25\See Amendment of the Commission's Rules with Regard to 
Commercial Operations in the 1695-1710 MHz, 1755-1780 MHz, and 2155-
2180 MHz Bands, Report and Order, 29 FCC Rcd. 4610, para. 1 (2014) 
(providing for the auction of spectrum in the 1695-1710 MHz, 1755-1780 
MHz, and 2155-2180 MHz bands--the Advanced Wireless Service, or ``AWS-
3,'' bands); Amendment of the Commission's Rules with Regard to 
Commercial Operations in the 3550-3650 MHz Band, Report and Order, 30 
FCC Rcd. 3959, para.para. 63-64, 72 (2015) (establishing the Citizens 
Broadband Radio Service in the frequencies between 3550 and 3700 MHz; 
providing that a maximum of 70 MHz of this spectrum will be available 
on a licensed basis with the licenses assigned via auction, and the 
remainder will be available on a license-by-rule basis; and providing 
that where the licensed portion of this spectrum is not being used by 
licensees, other parties may operate opportunistically on the spectrum 
on a license-by-rule basis).
---------------------------------------------------------------------------
    Section 3(a)(4) would require that the NTIA, in performing 
its actions under this section, shall conform those actions to 
section 113(j) of the National Telecommunications and 
Information Administration Reorganization Act (47 U.S.C. 
923(j)), which requires the NTIA to prioritize the reallocation 
of a Federal spectrum band for exclusive non-Federal use over 
shared use of such band.
    Section 3(a)(5) would direct the Secretary and the 
Commission to consider the following in determining which 
frequencies to make available: (i) the need to preserve 
critical existing and planned Federal Government capabilities; 
(ii) the impact on existing State, local, and tribal government 
capabilities; (iii) the international implications; (iv) the 
need for appropriate enforcement mechanisms and authorities; 
and (v) the importance of the deployment of wireless broadband 
services in rural areas of the United States.
    The Committee intends for section 3(a)(5) to help guide the 
Secretary's and the Commission's actions to make available 
additional spectrum under this section. In particular, the 
Committee believes that both should consider whether particular 
frequencies can help increase broadband deployment in rural 
areas. In addition, the Committee understands that there is 
value in international harmonization of spectrum bands, which 
is why the Committee has directed these two entities to 
consider the international implications of their actions to 
make available additional spectrum pursuant to section 3. 
Internationally harmonized band plans can minimize interference 
along U.S. borders, facilitate international roaming, and 
reduce the cost of wireless development, deployment, and 
equipment. But the Committee also intends that international 
harmonization or lack thereof should not be determinative.
    Section 3(b) would state that section 3 should not be 
construed to: (i) impair or otherwise affect the functions of 
the Director of OMB relating to budgetary, administrative, or 
legislative proposals; (ii) require the disclosure of 
classified information, law enforcement sensitive information, 
or other information that must be protected in the interest of 
national security; or (iii) affect any existing requirement 
under section 156 of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 921 
note), or any other relevant statutory requirement applicable 
to the reallocation of Federal spectrum.

Section 4. Millimeter wave spectrum.

    This section would direct the NTIA, in consultation with 
the Commission, to conduct an assessment evaluating the 
feasibility of allowing mobile or fixed terrestrial wireless 
operations, including for broadband, in six specified bands 
between the frequencies of 24 gigahertz and 86 gigahertz. This 
assessment would consider the impact of allowing such services 
on Federal entities and operations in the identified bands. In 
conducting this assessment, the NTIA would be required to 
consult directly with affected Federal entities and consider 
the impact authorizing fixed terrestrial wireless operations in 
a particular band would have on an affected Federal entity.
    This section would further direct the FCC to publish a 
notice of proposed rulemaking (NPRM) within 2 years of 
enactment to consider service rules authorizing mobile or fixed 
terrestrial wireless operations in various identified 
millimeter wave spectrum bands. The NPRM would cover any 
Federal bands identified in the NTIA assessment as being 
feasible for terrestrial wireless operations, along with the 
bands between the frequencies of 24 gigahertz and 86 gigahertz, 
identified in this section that do not contain Federal 
allocations. As part of any rulemaking conducted by the 
Commission pursuant to this section, the Commission would be 
required to consult with Federal entities via NTIA. It also 
would be required to consider how the bands may best be used 
for commercial wireless broadband servicing, including whether 
access to the bands should be on a licensed, unlicensed, or 
shared basis. Finally, any rulemaking would be required to 
include technical characteristics for the relevant bands, 
including coexistence requirements.

Section 5. 3 Gigahertz spectrum.

    This section would direct the Secretary to submit a report 
to the President and to Congress within 18 months of enactment 
evaluating the feasibility of allowing commercial wireless 
services, licensed or unlicensed, to share the use of the 
frequencies between 3100 MHz and 3550 MHz. This section would 
further direct the FCC to submit a report to the President and 
to Congress, within 18 months of enactment, evaluating the 
feasibility of allowing commercial wireless services, licensed 
or unlicensed, to share the use of the frequencies between 3700 
MHz and 4200 MHz. Both reports would be required to be 
completed in consultation with the head of each affected 
Federal agency (or a designee). And the Commission would be 
required to seek public comment on the reports.
    Both reports would be required to include an assessment of 
the impacts such sharing may have on the incumbent Federal and 
non-Federal operations in the relevant bands (along with 
criteria that can protect such operations from harmful 
interference), and an identification of which frequencies in 
those bands may be most suitable for sharing with commercial 
services, (whether such sharing is accomplished by new licenses 
distributed by competitive bidding, unlicensed operations, or a 
combination of the two), if such sharing is determined to be 
feasible.

Section 6. Distributed antenna systems and small cell infrastructure.

    This section would direct the FCC to take action in its 
proceeding titled ``Program Alternatives for Small Wireless 
Communications Facility Deployments'' no later than December 
31, 2016.

Section 7. Communications facilities deployment on Federal property.

    This section would amend section 6409 of the Middle Class 
Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) to 
require executive agencies to use applications developed by the 
General Services Administration (GSA) for easements, rights-of-
way, and lease requests and GSA-developed master contracts for 
placement of communications facility installations on Federal 
property, unless such agency uses a substantially similar 
application. The section also would specify that fees for 
leases be based on direct cost recovery, as they already are 
for easements and rights-of-way, except under certain 
circumstances. Review of any application submitted under this 
section would have to occur within 270 days. This section would 
further require a Federal agency to provide any applicant for a 
Federal easement, right-of-way, or lease the following: a 
written denial of the application, if applicable; and a point 
of contact within the agency. This section also would expand 
the types of infrastructure covered by section 6409 to further 
facilitate the deployment of wireless, wireline, licensed, and 
unlicensed communications services. Nothing in section 
6409(b)(5) of that Act could be construed to relieve agencies 
of their obligations pursuant to division A of subtitle I of 
title 54, United States Code,\26\ or the National Environmental 
Policy Act of 1969.
---------------------------------------------------------------------------
    \26\Formerly known as the National Science Historic Preservation 
Act. See enactment of title 54 by Public Law 113-287.
---------------------------------------------------------------------------
    Section 7(c) would require the NTIA, in coordination with 
other named agencies, to develop within 2 years of enactment 
recommendations to streamline the process for considering 
applications for communications facilities deployment on 
Federal property, including procedures for tracking and 
expediting decisions on applications. The report would be 
required to include recommendations related to tracking of 
applications, reducing the amount of time for an agency to 
reach a final decision on an application, and expediting 
renewals of easements, leases, or other authorizations.

Section 8. Broadband infrastructure deployment.

    This section would establish procedures designed to expand 
the use of rights-of-way on Federal-aid highways to accommodate 
broadband infrastructure and to improve broadband connectivity 
to rural communities and broadband services in urban areas. 
Specifically, the section would require the Secretary of 
Transportation to ensure that, in each State that receives 
funds under chapter 1 of title 23 of the United States Code, 
the departments of transportation of those States must identify 
a broadband utility coordinator responsible for coordinating 
broadband infrastructure rights-of-way needs; establish a 
process for registering broadband infrastructure entities that 
seek to be included in broadband infrastructure right-of-way 
coordination efforts within the State; coordinate broadband 
infrastructure right-of-way efforts with statewide 
telecommunications and broadband plans, and with State and 
local transportation and land use plans; and to include in 
their State broadband infrastructure coordination plans 
strategies to minimize repeated excavations that involve the 
installation of broadband infrastructure in a right-of-way. The 
section would require State departments of transportation to 
take appropriate measures to ensure that existing broadband 
infrastructure entities are not disadvantaged compared to other 
broadband infrastructure entities, with respect to the program 
under this section. This section also would find that it is the 
policy of the United States for the Department of 
Transportation and State departments of transportation to, 
among other things, develop rights-of-way policies to 
effectively accommodate broadband infrastructure in the public 
right-of-way. The Committee intends for this policy, and the 
other provisions of this section, to promote a national dig 
once strategy to make sure that adequate broadband conduit is 
installed during highway projects and made accessible to 
broadband providers. The Committee believes that a national dig 
once strategy is an important component of an overall national 
plan to speed deployment of both wireline and wireless 
broadband facilities and ensure that all Americans have access 
to adequate high-speed broadband services.

Section 9. National broadband facilities asset database.

    This section would require the Office of Science and 
Technology Policy (OSTP), in consultation with the FCC, NTIA, 
GSA, National Institute of Standards and Technology, and OMB, 
to establish and operate a database, not later than June 30, 
2018, of Federal real property capable of supporting the 
installation of communications facilities (as that term is 
defined in this section). Federal agencies would be required to 
provide the OSTP with information for inclusion in the database 
on covered property owned, leased or otherwise managed by the 
agency within certain statutory deadlines. This section would 
require a process for withholding data from the database to 
protect national security, public safety, and other national 
security concerns. This section would further require the OSTP 
to report to Congress on progress in establishing the database 
within 180 days of seeking public comment on the database, as 
required by this section, then annually thereafter until the 
database is fully operational, and each year for 5 years after 
it is operational. State governments would be able to provide 
information on covered property owned, leased or otherwise 
managed by the State for inclusion in the database, but would 
not be required to do so. Within a year of enactment, the 
Director of OSTP would be required to prepare and to submit to 
the designated committees of Congress a report on ways to 
incentivize State and local governments to provide information 
for inclusion in the database, which must include certain 
required information. Within 2 years from the establishment of 
the database, the Director of OSTP would be required to provide 
an update on that report and provide recommendations on ways to 
further incentivize State and local governments to provide 
information to the database.

Section 10. Reallocation incentives.

    This section would direct the Secretary, in consultation 
with the FCC, OMB, and heads of affected Federal agencies (or 
their designees), to submit within 18 months of enactment a 
report to Congress on legislative or regulatory proposals to 
incentivize Federal entities to relinquish or share their 
spectrum for commercial wireless broadband services. The report 
would be subject to notice and public comment. This report also 
would evaluate allowing the winners of spectrum auctions 
involving spectrum being reallocated from Federal use to pay 
Federal entities to accelerate the post-auction relocation and 
transition process. The term payment would be defined to 
include both cash and in-kind contributions to a Federal 
entity. A payment would only be permitted after auction of the 
spectrum but before completion of the entities Transition Plan.

Section 11. Bidirectional sharing study.

    This section would direct the FCC to conduct a 
bidirectional sharing study to determine the best means of 
providing Federal entities flexible access to non-Federal 
spectrum on a shared basis across a range of time frames, 
including for emergency use. This study would be submitted to 
Congress within 1 year of enactment and after public comment, 
along with any recommendations for legislation or proposed 
regulations. As part of the report, the Commission would be 
required to consider the regulatory certainty needed by both 
commercial users and Federal entities as they make long-term 
investments for shared access to be viable, and whether there 
are barriers to voluntary bidirectional sharing arrangements.

Section 12. Unlicensed services in guard bands.

    This section would require the FCC to adopt rules, after 
public notice and comment in consultation with affected Federal 
agencies to allow unlicensed use in the guard bands, including 
duplex gaps, of any auctioned spectrum bands after the date of 
enactment, as long as doing so is feasible and would not cause 
harmful interference to a licensed service or a Federal service 
operating in the guard band or in an adjacent band. Subsection 
(c) of this section would provide that nothing in this section 
shall be construed as limiting the authority of the FCC or the 
Department of Commerce to make other spectrum available for 
licensed or unlicensed use consistent with their respective 
statutory jurisdictions.

Section 13. Pre-Auction funding.

    This section would amend section 118(d)(3)(B)(C)(II) of the 
National Telecommunications and Information Administration 
Organization Act (47 U.S.C. 928(d)(3)(B)(C)(II)) to allow 
Federal agencies to receive pre-auction funding for potential 
auctions that are likely to occur within 8 years, rather than 
the current statutory window of 5 years.

Section 14. Immediate transfer of funds.

    This section would amend section 118(e)(1) of the National 
Telecommunications and Information Administration Organization 
Act (47 U.S.C. 928(e)(1)) to permit the OMB to accelerate 
certain payments to Federal entities who are relinquishing 
spectrum for commercial use in order to accelerate the process 
of making that spectrum available to other users. Specifically, 
the OMB would be authorized to transfer Spectrum Relocation 
Fund funds to a Federal entity vacating spectrum (or incurring 
costs to share spectrum with another Federal user vacating 
spectrum for auction) immediately upon reallocation of those 
frequencies by competitive bidding by the FCC. Such transfers 
would be able to occur regardless of the availability of 
auction proceeds in the Spectrum Relocation Fund, and the OMB 
would be permitted to borrow monies from the Treasury to cover 
any immediate transfers (borrowed money would be repaid, 
without interest, from auction proceeds later deposited in the 
Spectrum Relocation Fund).

Section 15. Amendment to the Spectrum Pipeline Act of 2015.

    This section would amend section 1008 of the Spectrum 
Pipeline Act (Public Law 114-74; 129 Stat. 584) to require 
notice and all opportunity for public comment for that 
section's reports.

Section 16. GAO Assessment of Unlicensed Spectrum and Wi-fi use in low-
        income neighborhoods.

    This section would direct the Comptroller General of the 
United States to conduct a study to evaluate availability of 
broadband Internet access using unlicensed spectrum and 
wireless networks in low-income neighborhoods. This section 
would further direct the Comptroller General to consider and 
evaluate the availability of wireless Internet hot spots and 
access to unlicensed spectrum in low-income neighborhoods, in 
particular for elementary and school-aged children in such 
neighborhoods, as well as barriers to deployment and use of 
such networks; incentives, policies, or requirements that would 
increase the availability of unlicensed spectrum and related 
technologies in low-income neighborhoods; and how to encourage 
home broadband adoption by households with elementary and 
secondary school-age children that are in low-income 
neighborhoods. The section would require the Comptroller 
General to issue a report, not later than 1 year after 
enactment of this Act, summarizing the findings of the study 
and making recommendations with respect to potential 
incentives, policies, and requirements that could help overcome 
barriers to the availability of unlicensed spectrum and related 
technologies in low-income neighborhoods and encourage the 
adoption of broadband by households with elementary and 
secondary school-age children that are in low-income 
neighborhoods.

Section 17. Rulemaking related to partitioning or disaggregating 
        licenses.

    This section would direct the FCC, not later than 1 year 
after the date of the enactment of this Act, to initiate a 
rulemaking proceeding to assess whether to establish a program, 
or modify existing programs, under which a licensee that 
receives a license for the exclusive use of spectrum in a 
specific geographic area under section 301 of the 
Communications Act of 1934 (47 U.S.C. 301) may partition or 
disaggregate the license by sale or long-term lease to provide 
services consistent with the license while also making unused 
spectrum available to eligible small carriers or carriers 
serving rural areas, if the Commission finds such a program 
would promote the availability of advanced telecommunications 
services in rural areas or spectrum availability for eligible 
small carriers.
    The section would direct the Commission, as part of the 
rulemaking, to consider whether reduced performance 
requirements with respect to spectrum obtained through such 
program would facilitate deployment of advanced 
telecommunications services in the areas covered by the 
program; what conditions would be needed on transfers of 
spectrum under such a program to allow eligible small carriers 
that obtain spectrum under the program to build out the 
spectrum in a reasonable period of time; what incentives would 
be appropriate to encourage licensees to lease or sell 
spectrum, including extending a license term or modifying 
performance requirements of the license relating to the leased 
or sold spectrum; and other incentives considered by the 
Commission that would further the goals of this section.
    The section would direct that if a party fails to meet any 
build out requirements set by the Commission for any spectrum 
sold or leased under this section, the right to the spectrum 
would be forfeited to the Commission unless the Commission 
found that there was good cause for the failure to meet those 
requirements. The section would allow the Commission to offer 
licensees incentives or reduced performance requirements under 
this section only if the Commission found that doing so would 
likely result in increased availability of advanced 
telecommunications services in a rural area.

Section 18. Unlicensed spectrum policy.

    This section would direct the FCC to make available on an 
unlicensed basis spectrum sufficient to meet demand for 
unlicensed wireless broadband operations if, after taking into 
account the future needs of other spectrum users, doing so 
would be reasonable and in the public interest. The section 
would require the Commission to take action to implement these 
efforts within 18 months after the date of enactment of this 
Act. The section further would provide that it is the policy of 
the United States, among other things, to promote spectrum 
policy that makes available on an unlicensed basis radio 
frequency bands sufficient to meet consumer demand for 
unlicensed wireless broadband operations.

Section 19. National plan for unlicensed spectrum.

    This section would require the FCC, not later than 1 year 
after the enactment of this Act, to develop, in consultation 
with the NTIA, a national plan for making additional radio 
frequency bands available for unlicensed operations. The 
section would require the national plan to identify an approach 
that ensures that consumers have access to additional spectrum 
to conduct unlicensed operation in a range of radio frequencies 
to meet consumer demand. The plan also would recommend specific 
actions by the Commission and the NTIA to permit unlicensed 
operation in additional radio frequency ranges. Those frequency 
ranges would be ones the Commission finds are consistent with 
an unlicensed spectrum policy established pursuant to section 
18 of this Act; would expand opportunities for unlicensed 
operations in a spectrum band or that would otherwise improve 
spectrum use and intensity of use of bands where unlicensed 
operations are already permitted; would not cause harmful 
interference to Federal or non-Federal users of such bands; and 
would not significantly impact homeland security or national 
security communications. This section also would require the 
plan to examine additional ways, with respect to existing and 
planned databases or spectrum access systems designed to 
promote spectrum sharing and access to spectrum for unlicensed 
operations, to improve accuracy and efficacy; to reduce burdens 
on consumers, manufacturers, and service providers; and to 
protect sensitive Government information.
    To be included as part of the plan developed under this 
section, the NTIA would be required to share with the 
Commission recommendations about how to reform the Spectrum 
Relocation Fund to address costs incurred by Federal entities 
related to sharing radio frequency bands with radio 
technologies conducting unlicensed operations and to ensure 
that the Fund has sufficient funds to cover the costs 
associated with such sharing and other expenditures allowed of 
the Fund under section 118 of the National Telecommunications 
and Information Administration Organization Act (47 U.S.C. 
928).
    The section would require the Commission to submit a report 
to Congress that describes the plan developed under this 
section, including any recommendations for legislative change, 
and to make the report publicly available on the Commission's 
website.

Section 20. Spectrum challenge prize.

    This section would require that the Secretary, in 
consultation with the Assistant Secretary of Commerce for 
Communications and Information and the Under Secretary of 
Commerce for Standards and Technology, conduct prize 
competitions to dramatically accelerate the development and 
commercialization of technology that improves spectrum 
efficiency and is capable of cost-effective deployment; and 
define a measurable set of performance goals for participants 
in the prize competitions to demonstrate their solutions on a 
level playing field while making a significant advancement over 
the current state of the art. Such prized competitions would be 
subject to availability of funds. The section would allow the 
Secretary to enter into a grant, contract, cooperative 
agreement, or other agreement with a private sector for-profit 
or nonprofit entity to administer the prize competitions; to 
invite the Defense Advanced Research Projects Agency, the FCC, 
the National Aeronautics and Space Administration, the National 
Science Foundation, or any other Federal agency to provide 
advice and assistance in the design or administration of the 
prize competitions; and to award not more than $5,000,000, in 
the aggregate, to the winner or winners of the prize 
competitions. The FCC would be required to publish a technical 
paper on spectrum efficiency providing criteria that may be 
used for the design of the prize competitions not later than 
180 days after the date on which funds for prize competitions 
are made available pursuant to this section. The section would 
authorize the appropriation of such sums as may be necessary to 
carry out this section.

Section 21. Wireless telecommunications tax and fee collection 
        fairness.

    This section, without affecting the right of a State or 
local jurisdiction to require the collection of any tax, fee, 
or surcharge in connection with a specified financial 
transaction, would prevent a State or local jurisdiction from 
requiring a person to collect from, or remit on behalf of, any 
other person a State or local tax, fee, or surcharge imposed on 
a purchaser or user with respect to the purchase or use of any 
wireless telecommunications service within the State unless the 
collection or remittance is in connection with a financial 
transaction between the person that the State or local 
jurisdiction requires to collect or remit the tax, fee, or 
surcharge and the purchaser or user of the wireless 
telecommunications service.
    The section would permit any person aggrieved by the 
requirement of collecting or remitting on behalf of any other 
person such a fee in violation of this section to bring a civil 
action in an appropriate United States district court for 
equitable relief. Notwithstanding section 1341 of title 28 of 
the United States Code, or the constitution or laws of any 
State, the section would give the district courts of the United 
States jurisdiction, without regard to the amount in 
controversy or citizenship of the parties, to grant such 
mandatory or prohibitive injunctive relief, interim equitable 
relief, and declaratory judgments as may be necessary to 
prevent, restrain, or terminate acts in violation of this 
section.

Section 22. Rules of construction.

    This section would provide that each range of frequencies 
described in the Act shall be construed as being inclusive of 
the upper and lower frequencies in such range. This section 
would further provide that nothing in the bill shall be 
construed to affect any requirement under section 156 of the 
National Telecommunications and Information Administration 
Organization Act (47 U.S.C. 921 note), as added by the National 
Defense Authorization Act for Fiscal Year 2000.

Section 23. Relationship to Middle Class Tax Relief and Job Creation 
        Act of 2012.

    This section would provide that nothing in the Act shall 
limit, restrict, or circumvent the implementation of the public 
safety network known as FirstNet defined in section 6001 in 
title VI of the Middle Class Tax Relief and Job Creation Act of 
2012 (47 U.S.C. 1401), or any rules implementing that network.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, 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 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

          MIDDLE CLASS TAX RELIEF AND JOB CREATION ACT OF 2013

                   [Public Law 112-96; 126 Stat. 156]

SEC. 6409. WIRELESS FACILITIES DEPLOYMENT.

                            [47 U.S.C. 1455]

  (a) Facility Modifications.--
          (1) In general.--Notwithstanding section 704 of the 
        Telecommunications Act of 1996 (Public Law 104-104) or 
        any other provision of law, a State or local government 
        may not deny, and shall approve, any eligible 
        facilities request for a modification of an existing 
        wireless tower or base station that does not 
        substantially change the physical dimensions of such 
        tower or base station.
          (2) Eligible facilities request.--For purposes of 
        this subsection, the term ``eligible facilities 
        request'' means any request for modification of an 
        existing wireless tower or base station that involves--
                  (A) collocation of new transmission 
                equipment;
                  (B) removal of transmission equipment; or
                  (C) replacement of transmission equipment.
          (3) Applicability of environmental laws.--Nothing in 
        paragraph (1) shall be construed to relieve the 
        Commission from the requirements of the National 
        Historic Preservation Act or the National Environmental 
        Policy Act of 1969.
  [(b) Federal Easements and Rights-of-way.--
          [(1) Grant.--If an executive agency, a State, a 
        political subdivision or agency of a State, or a 
        person, firm, or organization applies for the grant of 
        an easement or right-of-way to, in, over, or on a 
        building or other property owned by the Federal 
        Government for the right to install, construct, and 
        maintain wireless service antenna structures and 
        equipment and backhaul transmission equipment, the 
        executive agency having control of the building or 
        other property may grant to the applicant, on behalf of 
        the Federal Government, an easement or right-of-way to 
        perform such installation, construction, and 
        maintenance.
          [(2) Application.--The Administrator of General 
        Services shall develop a common form for applications 
        for easements and rights-of-way under paragraph (1) for 
        all executive agencies that shall be used by applicants 
        with respect to the buildings or other property of each 
        such agency.
          [(3) Fee.--
                  [(A) In general.--Notwithstanding any other 
                provision of law, the Administrator of General 
                Services shall establish a fee for the grant of 
                an easement or right-of-way pursuant to 
                paragraph (1) that is based on direct cost 
                recovery.
                  [(B) Exceptions.--The Administrator of 
                General Services may establish exceptions to 
                the fee amount required under subparagraph 
                (A)--
                          [(i) in consideration of the public 
                        benefit provided by a grant of an 
                        easement or right-of-way; and
                          [(ii) in the interest of expanding 
                        wireless and broadband coverage.
          [(4) Use of fees collected.--Any fee amounts 
        collected by an executive agency pursuant to paragraph 
        (3) may be made available, as provided in 
        appropriations Acts, to such agency to cover the costs 
        of granting the easement or right-of-way.
  [(c) Master Contracts for Wireless Facility Sitings.--
          [(1) In general.--Notwithstanding section 704 of the 
        Telecommunications Act of 1996 or any other provision 
        of law, and not later than 60 days after the date of 
        the enactment of this Act, the Administrator of General 
        Services shall--
                  [(A) develop 1 or more master contracts that 
                shall govern the placement of wireless service 
                antenna structures on buildings and other 
                property owned by the Federal Government; and
                  [(B) in developing the master contract or 
                contracts, standardize the treatment of the 
                placement of wireless service antenna 
                structures on building rooftops or facades, the 
                placement of wireless service antenna equipment 
                on rooftops or inside buildings, the technology 
                used in connection with wireless service 
                antenna structures or equipment placed on 
                Federal buildings and other property, and any 
                other key issues the Administrator of General 
                Services considers appropriate.
          [(2) Applicability.--The master contract or contracts 
        developed by the Administrator of General Services 
        under paragraph (1) shall apply to all publicly 
        accessible buildings and other property owned by the 
        Federal Government, unless the Administrator of General 
        Services decides that issues with respect to the siting 
        of a wireless service antenna structure on a specific 
        building or other property warrant nonstandard 
        treatment of such building or other property.
          [(3) Application.--The Administrator of General 
        Services shall develop a common form or set of forms 
        for wireless service antenna structure siting 
        applications under this subsection for all executive 
        agencies that shall be used by applicants with respect 
        to the buildings and other property of each such 
        agency.
  [(d) Executive Agency Defined.--In this section, the term 
``executive agency'' has the meaning given such term in section 
102 of title 40, United States Code.]\1\
---------------------------------------------------------------------------
    \1\An application for an easement, right-of-way, or lease that was 
made or granted under section 6409 of the Middle Class Tax Relief and 
Job Creation Act of 2012 (47 U.S.C. 1455) before the effective date of 
this Act shall continue, subject to that section as in effect on the 
day before such effective date.
---------------------------------------------------------------------------
  (b) Federal Easements, Rights-of-way, and Leases.--
          (1) Grant.--If an executive agency, a State, a 
        political subdivision or agency of a State, or a 
        person, firm, or organization applies for the grant of 
        an easement, right-of-way, or lease to, in, over, or on 
        a building or other property owned by the Federal 
        Government for the right to install, construct, modify, 
        or maintain a communications facility installation, the 
        executive agency having control of the building or 
        other property may grant to the applicant, on behalf of 
        the Federal Government, subject to paragraph (5), an 
        easement, right-of-way, or lease to perform such 
        installation, construction, modification, or 
        maintenance.
          (2) Application.--
                  (A) In general.--The Administrator of General 
                Services shall develop a common form for 
                applications for easements, rights-of-way, and 
                leases under paragraph (1) for all executive 
                agencies that, except as provided in 
                subparagraph (B), shall be used by all 
                executive agencies and applicants with respect 
                to the buildings or other property of each such 
                agency.
                  (B) Exception.--The requirement under 
                subparagraph (A) for an executive agency to use 
                the common form developed by the Administrator 
                of General Services shall not apply to an 
                executive agency if the head of an executive 
                agency notifies the Administrator that the 
                executive agency uses a substantially similar 
                application.
          (3) Fee.--
                  (A) In general.--Notwithstanding any other 
                provision of law, the Administrator of General 
                Services shall establish a fee for the grant of 
                an easement, right-of-way, or lease pursuant to 
                paragraph (1) that is based on direct cost 
                recovery.
                  (B) Exceptions.--The Administrator of General 
                Services may establish exceptions to the fee 
                amount required under subparagraph (A)--
                          (i) in consideration of the public 
                        benefit provided by a grant of an 
                        easement, right-of-way, or lease; and
                          (ii) in the interest of expanding 
                        wireless and broadband coverage.
          (4) Use of fees collected.--Any fee amounts collected 
        by an executive agency pursuant to paragraph (3) may be 
        made available, as provided in appropriations Acts, to 
        such agency to cover the costs of granting the 
        easement, right-of-way, or lease.
          (5) Timely consideration of applications.--
                  (A) In general.--Not later than 270 days 
                after the date on which an executive agency 
                receives a duly filed application for an 
                easement, right-of-way, or lease under this 
                subsection, the executive agency shall--
                          (i) grant or deny, on behalf of the 
                        Federal Government, the application; 
                        and
                          (ii) notify the applicant of the 
                        grant or denial.
                  (B) Explanation of denial.--If an executive 
                agency denies an application under subparagraph 
                (A), the executive agency shall notify the 
                applicant in writing, including a clear 
                statement of the reasons for the denial.
                  (C) Applicability of environmental laws.--
                Nothing in this paragraph shall be construed to 
                relieve an executive agency of the requirements 
                of the National Historic Preservation Act (16 
                U.S.C. 470 et seq.) or the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.).
                  (D) Point of contact.--Upon receiving an 
                application under subparagraph (A), an 
                executive agency shall designate 1 or more 
                appropriate individuals within the executive 
                agency to act as a point of contact with the 
                applicant.
  (c) Master Contracts for Communications Facility Installation 
Sitings.--
          (1) In general.--Notwithstanding section 704 of the 
        Telecommunications Act of 1996 (Public Law 104-104; 110 
        Stat. 151) or any other provision of law, the 
        Administrator of General Services shall--
                  (A) develop 1 or more master contracts that 
                shall govern the placement of communications 
                facility installation on buildings and other 
                property owned by the Federal Government; and
                  (B) in developing the master contract or 
                contracts, standardize the treatment of the 
                placement of communications facility 
                installation on building rooftops or facades, 
                the placement of communications facility 
                installation on rooftops or inside buildings, 
                the technology used in connection with 
                communications facility installation placed on 
                Federal buildings and other property, and any 
                other key issues the Administrator of General 
                Services considers appropriate.
          (2) Applicability.--The master contract or contracts 
        developed by the Administrator of General Services 
        under paragraph (1) shall apply to all publicly 
        accessible buildings and other property owned by the 
        Federal Government, unless the Administrator of General 
        Services decides that issues with respect to the siting 
        of a communications facility installation on a specific 
        building or other property warrant nonstandard 
        treatment of such building or other property.
          (3) Application.--
                  (A) In general.--The Administrator of General 
                Services shall develop a common form or set of 
                forms for communications facility installation 
                siting applications that, except as provided in 
                subparagraph (B), shall be used by all 
                executive agencies and applicants with respect 
                to the buildings and other property of each 
                such agency.
                  (B) Exception.--The requirement under 
                subparagraph (A) for an executive agency to use 
                the common form or set of forms developed by 
                the Administrator of General Services shall not 
                apply to an executive agency if the head of the 
                executive agency notifies the Administrator 
                that the executive agency uses a substantially 
                similar application.
  (d) Definitions.--In this section:
          (1) Communications facility installation.--The term 
        ``communications facility installation'' includes--
                  (A) any infrastructure, including any 
                transmitting device, tower, or support 
                structure, and any equipment, switches, wiring, 
                cabling, power sources, shelters, or cabinets, 
                associated with the licensed or permitted 
                unlicensed wireless or wireline transmission of 
                writings, signs, signals, data, images, 
                pictures, and sounds of all kinds; and
                  (B) any antenna or apparatus that--
                          (i) is designed for the purpose of 
                        emitting radio frequency;
                          (ii) is designed to be operated, or 
                        is operating, from a fixed location 
                        pursuant to authorization by the 
                        Commission or is using duly authorized 
                        devices that do not require individual 
                        licenses; and
                          (iii) is added to a tower, building, 
                        or other structure.
          (2) Executive agency.--The term ``executive agency'' 
        has the meaning given such term in section 102 of title 
        40, United States Code.

NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION ORGANIZATION 
                                  ACT

                        [47 U.S.C. 901 et seq.]

SEC. 118. SPECTRUM RELOCATION FUND.

[47 U.S.C. 928]

           *       *       *       *       *       *       *

  (d) Fund Availability.--
          (1) Appropriation.--There are hereby appropriated 
        from the Fund such sums as are required to pay the 
        relocation or sharing costs specified in subsection 
        (c).
          (2) Transfer conditions.--None of the funds provided 
        under this subsection may be transferred to any 
        eligible Federal entity--
                  (A) unless the eligible Federal entity has 
                submitted a transition plan to the NTIA as 
                required by paragraph (1) of section 113(h), 
                the Technical Panel has found such plan 
                sufficient under paragraph (4) of such section, 
                and the NTIA has made available such plan on 
                its website as required by paragraph (5) of 
                such section;
                  (B) unless the Director of OMB has 
                determined, in consultation with the NTIA, the 
                appropriateness of such costs and the timeline 
                for relocation or sharing; and
                  (C) until 30 days after the Director of OMB 
                has submitted to the Committees on 
                Appropriations and Energy and Commerce of the 
                House of Representatives for approval, to the 
                Committees on Appropriations and Commerce, 
                Science, and Transportation of the Senate for 
                approval, and to the Comptroller General a 
                detailed plan describing specifically how the 
                sums transferred from the Fund will be used to 
                pay relocation or sharing costs in accordance 
                with such subsection and the timeline for such 
                relocation or sharing.
          Unless disapproved within 30 days, the amounts in the 
        Fund shall be available immediately. If the plan is 
        disapproved, the Director may resubmit a revised plan.
          (3) Transfers for pre-auction costs.--
                  (A) In general.--Subject to subparagraph (B), 
                the Director of OMB may transfer to an eligible 
                Federal entity, at any time (including prior to 
                a scheduled auction), such sums as may be 
                available in the Fund to pay relocation or 
                sharing costs related to pre-auction estimates 
                or research, as such costs are described in 
                section 113(g)(3)(A)(iii).
                  (B) Notification.--No funds may be 
                transferred pursuant to subparagraph (A) 
                unless--
                          (i) the notification provided under 
                        paragraph (2)(C) includes a 
                        certification from the Director of OMB 
                        that--
                                  (I) funds transferred before 
                                an auction will likely allow 
                                for timely implementation of 
                                relocation or sharing, thereby 
                                increasing net expected auction 
                                proceeds by an amount not less 
                                than the time value of the 
                                amount of funds transferred; 
                                and
                                  (II) the auction is intended 
                                to occur not later than [5 
                                years] 8 years after transfer 
                                of funds; and
                          (ii) the transition plan submitted by 
                        the eligible Federal entity under 
                        section 113(h)(1) provides--
                                  (I) to the fullest extent 
                                possible, for sharing and 
                                coordination of eligible 
                                frequencies with non-Federal 
                                users, including reasonable 
                                accommodation by the eligible 
                                Federal entity for the use of 
                                eligible frequencies by non-
                                Federal users during the period 
                                that the entity is relocating 
                                its spectrum uses (in this 
                                clause referred to as the 
                                'transition period');
                                  (II) for non-Federal users to 
                                be able to use eligible 
                                frequencies during the 
                                transition period in geographic 
                                areas where the eligible 
                                Federal entity does not use 
                                such frequencies;
                                  (III) that the eligible 
                                Federal entity will, during the 
                                transition period, make itself 
                                available for negotiation and 
                                discussion with non-Federal 
                                users not later than 30 days 
                                after a written request 
                                therefor; and
                                  (IV) that the eligible 
                                Federal entity will, during the 
                                transition period, make 
                                available to a non-Federal user 
                                with appropriate security 
                                clearances any classified 
                                information (as defined in 
                                section 798(b) of title 18, 
                                United States Code) regarding 
                                the relocation process, on a 
                                need-to-know basis, to assist 
                                the non-Federal user in the 
                                relocation process with such 
                                eligible Federal entity or 
                                other eligible Federal 
                                entities.
                  (C) Applicability to certain costs.--
                          (i) In general.--The Director of OMB 
                        may transfer under subparagraph (A) not 
                        more than $10,000,000 for costs 
                        incurred after June 28, 2010, but 
                        before the date of the enactment of the 
                        Middle Class Tax Relief and Job 
                        Creation Act of 2012.
                          (ii) Supplement not supplant.--Any 
                        amounts transferred by the Director of 
                        OMB pursuant to clause (i) shall be in 
                        addition to any amounts that the 
                        Director of OMB may transfer for costs 
                        incurred on or after the date of the 
                        enactment of the Middle Class Tax 
                        Relief and Job Creation Act of 2012.
          (4) Reversion of unused funds.--Any amounts in the 
        Fund that are remaining after the payment of the 
        relocation or sharing costs that are payable from the 
        Fund shall revert to and be deposited in the general 
        fund of the Treasury, for the sole purpose of deficit 
        reduction, not later than 8 years after the date of the 
        deposit of such proceeds to the Fund, unless within 60 
        days in advance of the reversion of such funds, the 
        Director of OMB, in consultation with the NTIA, 
        notifies the congressional committees described in 
        paragraph (2)(C) that such funds are needed to complete 
        or to implement current or future relocation or sharing 
        arrangements.
  (e) Transfer to Eligible Federal Entities.--
          (1) Transfer.--
                  (A) Amounts made available pursuant to 
                subsection (d) shall be transferred to eligible 
                Federal entities, as defined in section 
                113(g)(1) of this Act.
                  (B) An eligible Federal entity may receive 
                more than one such transfer, but if the sum of 
                the subsequent transfer or transfers exceeds 10 
                percent of the original transfer--
                          (i) such subsequent transfers are 
                        subject to prior approval by the 
                        Director of OMB as required by 
                        subsection (d)(2)(B);
                          (ii) the notice to the committees 
                        containing the plan required by 
                        subsection (d)(2)(C) shall be not less 
                        than 45 days prior to the date of the 
                        transfer that causes such excess above 
                        10 percent; and
                          (iii) such notice shall include, in 
                        addition to such plan, an explanation 
                        of need for such subsequent transfer or 
                        transfers.
                  (C) Such transferred amounts shall be 
                credited to the appropriations account of the 
                eligible Federal entity which has incurred, or 
                will incur, such costs, and shall, subject to 
                paragraph (2), remain available until expended.
                  (D) At the request of an eligible Federal 
                entity, the Director of OMB may transfer the 
                amount under subparagraph (A) immediately--
                          (i) after the frequencies are 
                        reallocated by competitive bidding 
                        under section 309(j) of the 
                        Communications Act of 1934 (47 U.S.C. 
                        309(j)); or
                          (ii) in the case of an incumbent 
                        Federal entity that is incurring 
                        relocation or sharing costs to 
                        accommodate sharing spectrum 
                        frequencies with another Federal 
                        entity, after the frequencies from 
                        which the other eligible Federal entity 
                        is relocating are reallocated by 
                        competitive bidding under section 
                        309(j) of the Communications Act of 
                        1934 (47 U.S.C. 309(j)), without regard 
                        to the availability of such sums in the 
                        Fund.
                  (E) Prior to the deposit of proceeds into the 
                Fund from an auction, the Director of OMB may 
                borrow from the Treasury the amount under 
                subparagraph (A) for a transfer under 
                subparagraph (D). The Treasury shall 
                immediately be reimbursed, without interest, 
                from funds deposited into the Fund.
          (2) Retransfer to fund.--An eligible Federal entity 
        that has received such amounts shall report its 
        expenditures to OMB and shall transfer any amounts in 
        excess of actual relocation or sharing costs back to 
        the Fund immediately after the NTIA has notified the 
        Commission that the relocation of the entity or 
        implementation of the sharing arrangement by the entity 
        is complete, or has determined that such entity has 
        unreasonably failed to complete such relocation or the 
        implementation of such arrangement in accordance with 
        the timeline required by subsection (d)(2)(B).

           *       *       *       *       *       *       *

                     SPECTRUM PIPELINE ACT OF 2015

                   [Public Law 114-74; 129 Stat.584]

SEC. 1008. REPORTS TO CONGRESS.

  Not later than 3 years after the date of the enactment of 
this Act, the Commission, after notice and an opportunity for 
public comment, shall submit to Congress--
          (1) a report containing an analysis of the results of 
        the rules changes relating to the frequencies between 
        3550 MHz and 3650 MHz; and
          (2) a report containing an analysis of proposals to 
        promote and identify additional spectrum bands that can 
        be shared between incumbent uses and new licensed, and 
        unlicensed services under such rules and identification 
        of at least 1 gigahertz between 6 gigahertz and 57 GHz 
        for such use.
```