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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3509 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3509

 To provide for the creation of a public safety broadband network, to 
       ensure a more efficient and innovative allocation of the 
    electromagnetic spectrum, to permit the Federal Communications 
   Commission to conduct incentive auctions, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 29, 2011

Mr. Waxman (for himself, Ms. Eshoo, Mr. Markey, Mr. Doyle, Ms. Matsui, 
    Mrs. Christensen, Mr. Pallone, Ms. DeGette, Mr. Engel, and Ms. 
 Schakowsky) introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
Science, Space, and Technology and Oversight and Government Reform, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
 To provide for the creation of a public safety broadband network, to 
       ensure a more efficient and innovative allocation of the 
    electromagnetic spectrum, to permit the Federal Communications 
   Commission to conduct incentive auctions, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Wireless 
Innovation and Public Safety Act of 2011''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Rule of construction.
Sec. 4. Enforcement.
 TITLE I--ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY BROADBAND SPECTRUM

Sec. 101. Reallocation of 700 MHz D block spectrum for public safety 
                            use.
Sec. 102. Assignment of license to Corporation.
Sec. 103. Ensuring efficient and flexible use of 700 MHz public safety 
                            narrowband spectrum.
Sec. 104. Sharing of public safety broadband spectrum and network.
Sec. 105. Commission rules.
Sec. 106. FCC report on efficient use of public safety spectrum.
            TITLE II--ADVANCED PUBLIC SAFETY COMMUNICATIONS

              Subtitle A--Public Safety Broadband Network

Sec. 201. Establishment and operation of Public Safety Broadband 
                            Corporation.
Sec. 202. Public safety broadband network.
Sec. 203. Program Management Office.
Sec. 204. Representation before standards setting entities.
Sec. 205. GAO report on satellite broadband.
Sec. 206. Access to Federal supply schedules.
Sec. 207. Federal infrastructure sharing.
Sec. 208. Initial funding for Corporation.
Sec. 209. Permanent self-funding of Corporation and duty to collect 
                            certain fees.
    Subtitle B--State, Local, and Tribal Planning and Implementation

Sec. 211. State, Local, and Tribal Planning and Implementation Fund.
Sec. 212. State, local, and tribal planning and implementation grant 
                            program.
Sec. 213. Public safety wireless facilities deployment.
   Subtitle C--Public Safety Communications Research and Development

Sec. 221. NIST-directed public safety wireless communications research 
                            and development.
               Subtitle D--Next Generation 9-1-1 Services

Sec. 231. Definitions.
Sec. 232. Coordination of 9-1-1 implementation.
Sec. 233. Requirements for multi-line telephone systems.
Sec. 234. GAO study of State and local use of 9-1-1 service charges.
Sec. 235. Parity of protection for provision or use of next generation 
                            9-1-1 service.
Sec. 236. Commission proceeding on autodialing.
Sec. 237. NHTSA report on costs for requirements and specifications of 
                            Next Generation 9-1-1 services.
Sec. 238. FCC recommendations for legal and statutory framework for 
                            Next Generation 9-1-1 services.
                 TITLE III--SPECTRUM AUCTION AUTHORITY

Sec. 301. Deadlines for auction of certain spectrum.
Sec. 302. Incentive auction authority.
                   TITLE IV--PUBLIC SAFETY TRUST FUND

Sec. 401. Public Safety Trust Fund.
                        TITLE V--SPECTRUM POLICY

Sec. 501. Spectrum inventory.
Sec. 502. Federal spectrum planning.
Sec. 503. Reallocating Federal spectrum for commercial purposes and 
                            Federal spectrum sharing.
Sec. 504. Study on spectrum efficiency through receiver standards.
Sec. 505. Study on unlicensed use in the 5 GHz band.
Sec. 506. Report on availability of wireless equipment for the 700 MHz 
                            band.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) 700 mhz d block spectrum.--The term ``700 MHz D block 
        spectrum'' means the portion of the electromagnetic spectrum 
        between the frequencies from 758 megahertz to 763 megahertz and 
        between the frequencies from 788 megahertz to 793 megahertz.
            (2) Appropriate committees of congress.--Except as 
        otherwise specifically provided, the term ``appropriate 
        committees of Congress'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.
            (3) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (4) Commercial mobile data service.--The term ``commercial 
        mobile data service'' means any mobile service (as defined in 
        section 3 of the Communications Act of 1934 (47 U.S.C. 153)) 
        that is--
                    (A) a data service, which may include mobile 
                broadband Internet access service and Internet 
                Protocol-based applications;
                    (B) provided for profit; and
                    (C) available to the public or to such classes of 
                eligible users as to be effectively available to the 
                public.
            (5) Commercial mobile service.--The term ``commercial 
        mobile service'' has the meaning given such term in section 
        332(d)(1) of the Communications Act of 1934 (47 U.S.C. 
        332(d)(1)).
            (6) Commercial standards.--The term ``commercial 
        standards'' means the technical standards followed by the 
        commercial mobile service and commercial mobile data service 
        industries for network, device, and Internet Protocol 
        connectivity. Such term includes standards developed by the 
        Third Generation Partnership Project (3GPP), the Institute of 
        Electrical and Electronics Engineers (IEEE), the Alliance for 
        Telecommunications Industry Solutions (ATIS), and the Internet 
        Engineering Task Force (IETF).
            (7) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (8) Core network.--The term ``core network'' means the core 
        network described in section 202(b)(1).
            (9) Federal entity.--The term ``Federal entity'' has the 
        meaning given such term in section 113(i) of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 923(i)).
            (10) Governor.--The term ``Governor'' means the Governor or 
        other chief executive officer of a State.
            (11) Guard band spectrum.--The term ``guard band spectrum'' 
        means the portion of the electromagnetic spectrum between the 
        frequencies from 768 megahertz to 769 megahertz and between the 
        frequencies from 798 megahertz to 799 megahertz.
            (12) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given such term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (13) Narrowband spectrum.--The term ``narrowband spectrum'' 
        means the portion of the electromagnetic spectrum between the 
        frequencies from 769 megahertz to 775 megahertz and between the 
        frequencies from 799 megahertz to 805 megahertz.
            (14) NIST.--The term ``NIST'' means the National Institute 
        of Standards and Technology.
            (15) NTIA.--The term ``NTIA'' means the National 
        Telecommunications and Information Administration.
            (16) Program management office.--The term ``Program 
        Management Office'' means the office established under section 
        203(a).
            (17) Public safety answering point.--The term ``public 
        safety answering point'' has the meaning given such term in 
        section 222 of the Communications Act of 1934 (47 U.S.C. 222).
            (18) Public safety broadband network.--The term ``public 
        safety broadband network'' means the network described in 
        section 202.
            (19) Public safety broadband corporation.--The term 
        ``Public Safety Broadband Corporation'' or ``Corporation'' 
        means the corporation established under section 201(a)(1).
            (20) Public safety broadband spectrum.--The term ``public 
        safety broadband spectrum'' means--
                    (A) the portion of the electromagnetic spectrum 
                between the frequencies from 763 megahertz to 768 
                megahertz and between the frequencies from 793 
                megahertz to 798 megahertz; and
                    (B) the 700 MHz D block spectrum.
            (21) Public safety communications research program.--The 
        term ``Public Safety Communications Research Program'' means 
        the program that is housed within the Department of Commerce 
        Labs in Boulder, Colorado, and that is a joint effort between 
        the Office of Law Enforcement Standards of NIST and the 
        Institute for Telecommunication Sciences of the NTIA.
            (22) Public safety entity.--The term ``public safety 
        entity'' means an entity that provides public safety services.
            (23) Public safety services.--The term ``public safety 
        services'' has the meaning given such term in section 337(f)(1) 
        of the Communications Act of 1934 (47 U.S.C. 337(f)(1)).
            (24) Radio access network.--The term ``radio access 
        network'' means the radio access network described in section 
        202(b)(2).
            (25) State.--The term ``State'' means any of the 50 States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.
            (26) State public safety broadband office.--The term 
        ``State Public Safety Broadband Office'' means an office 
        established under section 212(d).
            (27) Tribal.--The term ``tribal'' means, when used with 
        respect to any entity, that such entity is a tribal 
        organization (as defined in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b)).

SEC. 3. RULE OF CONSTRUCTION.

    Each range of frequencies described in this Act shall be construed 
to be inclusive of the upper and lower frequencies in the range.

SEC. 4. ENFORCEMENT.

    (a) In General.--The Commission shall implement and enforce this 
Act as if this Act were a part of the Communications Act of 1934 (47 
U.S.C. 151 et seq.). A violation of this Act, or a regulation 
promulgated under this Act, shall be considered to be a violation of 
the Communications Act of 1934, or a regulation promulgated under such 
Act, respectively.
    (b) Exception.--Subsection (a) does not apply in the case of a 
provision of this Act that is expressly required to be carried out by 
an agency (as defined in section 551 of title 5, United States Code) 
other than the Commission.

 TITLE I--ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY BROADBAND SPECTRUM

SEC. 101. REALLOCATION OF 700 MHZ D BLOCK SPECTRUM FOR PUBLIC SAFETY 
              USE.

    (a) In General.--The Commission shall reallocate the 700 MHz D 
block spectrum for use by public safety entities in accordance with the 
provisions of this Act.
    (b) Quantity of Spectrum Allocated for Public Safety Use.--Section 
337(a) of the Communications Act of 1934 (47 U.S.C. 337(a)) is 
amended--
            (1) by striking ``Not later than January 1, 1998, the'' and 
        inserting ``The'';
            (2) in paragraph (1), by striking ``24'' and inserting 
        ``34''; and
            (3) in paragraph (2), by striking ``36'' and inserting 
        ``26''.

SEC. 102. ASSIGNMENT OF LICENSE TO CORPORATION.

    (a) In General.--Not later than the date that is 30 days after the 
date of the incorporation of the Public Safety Broadband Corporation 
under section 201(a), the Commission shall revoke the license for the 
public safety broadband spectrum and the guard band spectrum and assign 
a new, single license for the public safety broadband spectrum and the 
guard band spectrum to the Corporation for the purpose of ensuring the 
construction, management, maintenance, and operation of the public 
safety broadband network.
    (b) Term.--
            (1) Initial license.--The initial license assigned under 
        subsection (a) shall be for a term of 10 years.
            (2) Renewal of license.--Prior to the expiration of the 
        term of the initial license assigned under subsection (a) or 
        the expiration of any renewal of such license, the Corporation 
        shall submit to the Commission an application for the renewal 
        of such license in accordance with the Communications Act of 
        1934 (47 U.S.C. 151 et seq.) and any applicable Commission 
        regulations. Such renewal application shall demonstrate that, 
        during the term of the license that the Corporation is seeking 
        to renew, the Corporation has fulfilled its duties and 
        obligations under this Act and the Communications Act of 1934 
        and has complied with all applicable Commission regulations. A 
        renewal of the initial license granted under subsection (a) or 
        any renewal of such license shall be for a term not to exceed 
        10 years.
    (c) Definition of Public Safety Services.--Section 337(f)(1) of the 
Communications Act of 1934 (47 U.S.C. 337(f)(1)) is amended--
            (1) in subparagraph (A), by striking ``to protect the 
        safety of life, health, or property'' and inserting ``to 
        provide law enforcement, fire and rescue response, or emergency 
        medical assistance (including such assistance provided by 
        ambulance services, hospitals, and urgent care facilities)''; 
        and
            (2) in subparagraph (B)--
                    (A) in clause (i), by inserting ``or tribal 
                organizations (as defined in section 4 of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 450b))'' before the semicolon; and
                    (B) in clause (ii), by inserting ``or a tribal 
                organization'' after ``a governmental entity''.

SEC. 103. ENSURING EFFICIENT AND FLEXIBLE USE OF 700 MHZ PUBLIC SAFETY 
              NARROWBAND SPECTRUM.

    (a) License Requirements.--The Commission may not renew a license 
to use the narrowband spectrum after the date of the enactment of this 
Act, or grant an application for an initial license to use such 
spectrum after the date that is 3 years after such date of enactment, 
unless the licensee or applicant demonstrates that failure of the 
Commission to renew such license or grant such application will--
            (1) cause considerable economic hardship; or
            (2) adversely impact the ability of the licensee or 
        applicant to provide public safety services.
    (b) Inventory.--Not later than 6 months after the date of the 
enactment of this Act, the Commission shall complete and submit to the 
appropriate committees of Congress a State-by-State inventory of the 
use of the narrowband spectrum, current as of such date of enactment, 
including the numbers of base stations that are deployed and in day-to-
day operation, the approximate number of users, the extent of 
interoperability among the deployed stations, and the approximate per-
unit costs of mobile equipment.
    (c) Flexible Use.--In order to promote efficient spectrum use, the 
Commission may allow the narrowband spectrum and the guard band 
spectrum to be used in a flexible manner, including for public safety 
broadband communications, subject to such technical and interference 
protection measures as the Commission may require.

SEC. 104. SHARING OF PUBLIC SAFETY BROADBAND SPECTRUM AND NETWORK.

    (a) Emergency Access by Non-Public Safety Entities.--
            (1) In general.--Notwithstanding any limitation in section 
        337 of the Communications Act of 1934 (47 U.S.C. 337), upon the 
        request of a State Public Safety Broadband Office, the 
        Corporation may enter into agreements with entities in such 
        State that are not public safety entities to permit such 
        entities to obtain access on a secondary, preemptible basis to 
        the public safety broadband spectrum in order to facilitate 
        interoperability between such entities and public safety 
        entities in protecting the safety of life, health, and property 
        during emergencies and during preparation for and recovery from 
        emergencies, including during emergency drills, exercises, and 
        tests.
            (2) Preemption.--The Corporation shall ensure that, under 
        any agreements entered into under paragraph (1), public safety 
        entities may preempt use of the public safety broadband 
        spectrum by the entities with which the Corporation has entered 
        into such agreements.
    (b) Public-Private Partnerships.--Notwithstanding any limitation in 
section 337 of the Communications Act of 1934 (47 U.S.C. 337), the 
Corporation may permit a private entity with which the Corporation 
contracts on behalf of public safety entities to construct, manage, 
maintain, or operate the core network or the radio access network, upon 
the request of such private entity, to--
            (1) obtain access to the public safety broadband spectrum 
        for services that are not public safety services; or
            (2) share equipment or infrastructure of the public safety 
        broadband network, including antennas and towers.
    (c) Approval by Commission.--The Corporation may not enter into an 
agreement under subsection (a) or (b)(1) without the approval of the 
Commission.
    (d) Reinvestment.--The Corporation shall use any funds the 
Corporation receives under the agreements entered into under 
subsections (a) and (b) to cover the administrative expenses of the 
Corporation for the fiscal year in which such funds are received and 
shall use any excess for the construction, management, maintenance, and 
operation of the public safety broadband network.
    (e) Access by Federal Departments and Agencies.--Notwithstanding 
any limitation in section 337 of the Communications Act of 1934 (47 
U.S.C. 337), the Corporation shall enter into such written agreements 
as are necessary to permit Federal departments and agencies to have 
shared access to the public safety broadband spectrum on an equivalent 
basis in order to protect the safety of life, health, and property.
    (f) Prohibition on Offering Commercial Services.--The Corporation 
may not offer, provide, or market commercial telecommunications 
services or information services directly to the public.

SEC. 105. COMMISSION RULES.

    (a) In General.--In order to carry out the provisions of this Act, 
the Commission shall--
            (1) adopt technical rules necessary to sufficiently manage 
        spectrum use in bands adjacent to the public safety broadband 
        spectrum;
            (2) adopt rules requiring commercial mobile service 
        providers and commercial mobile data service providers to offer 
        roaming and priority access services to public safety entities 
        at commercially reasonable terms and conditions if--
                    (A) the equipment of the public safety entity is 
                technically compatible with the network of the 
                commercial provider;
                    (B) the commercial provider is reasonably 
                compensated; and
                    (C) such access does not unreasonably preempt or 
                otherwise terminate or degrade existing voice 
                conversations or data sessions;
            (3) adopt technical rules governing the operation of the 
        public safety broadband network in areas near the international 
        borders of the United States;
            (4) adopt rules ensuring the commercial availability of 
        devices capable of operating in the public safety broadband 
        spectrum, known as Band Class 14, at costs comparable to those 
        of similar devices that are designed to operate in spectrum 
        allocated for commercial use; and
            (5) consider the adoption of such other rules as the 
        Commission determines are necessary.
    (b) Deadline.--The Commission shall adopt the rules required by 
paragraphs (1) through (4) of subsection (a) not later than 180 days 
after the date of the enactment of this Act.
    (c) Consultation.--In adopting rules under subsection (a) (or 
considering the adoption of rules under paragraph (5) of such 
subsection), the Commission shall consult with the Director of the 
Office of Emergency Communications in the Department of Homeland 
Security, the Assistant Secretary, the Director of NIST, and the Public 
Safety Communications Research Program.

SEC. 106. FCC REPORT ON EFFICIENT USE OF PUBLIC SAFETY SPECTRUM.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act and every 2 years thereafter, the Commission 
shall, in consultation with the Assistant Secretary and the Director of 
NIST, conduct a study and submit to the appropriate committees of 
Congress a report on the spectrum allocated for public safety use.
    (b) Contents.--The report required by subsection (a) shall 
include--
            (1) an examination of how such spectrum is being used;
            (2) recommendations on how such spectrum may be used more 
        efficiently;
            (3) an assessment of the feasibility of public safety 
        entities relocating from other bands to the public safety 
        broadband spectrum; and
            (4) an assessment of whether any spectrum made available by 
        the relocation described in paragraph (3) could be returned to 
        the Commission for reassignment through auction, including 
        through use of incentive auction authority under subparagraph 
        (G) of section 309(j)(8) of the Communications Act of 1934, as 
        added by section 302(a).

            TITLE II--ADVANCED PUBLIC SAFETY COMMUNICATIONS

              Subtitle A--Public Safety Broadband Network

SEC. 201. ESTABLISHMENT AND OPERATION OF PUBLIC SAFETY BROADBAND 
              CORPORATION.

    (a) Establishment.--
            (1) In general.--There is authorized to be established a 
        private, nonprofit corporation to be known as the Public Safety 
        Broadband Corporation, which will not be an agency or 
        establishment of the United States Government or the District 
        of Columbia government.
            (2) Governing law.--The Corporation shall be subject to the 
        provisions of this Act and, to the extent consistent with this 
        Act, the District of Columbia Nonprofit Corporation Act (sec. 
        29-301.01 et seq., D.C. Official Code). The Corporation shall 
        have the usual powers conferred upon a nonprofit corporation by 
        the District of Columbia Nonprofit Corporation Act.
            (3) Incorporation.--The members of the initial Board of 
        Directors of the Corporation shall serve as the incorporators 
        of the Corporation and shall take the necessary steps to 
        establish the Corporation under the District of Columbia 
        Nonprofit Corporation Act. The Corporation shall notify the 
        Commission of the date of its incorporation as soon as possible 
        after such incorporation.
            (4) Initial bylaws.--The members of the initial Board of 
        Directors of the Corporation shall establish the initial bylaws 
        of the Corporation.
            (5) Residence.--The Corporation shall have its place of 
        business in the District of Columbia and shall be considered, 
        for purposes of venue in civil actions, to be a resident of the 
        District of Columbia.
    (b) Board of Directors.--
            (1) Membership and appointment.--The management of the 
        Corporation shall be vested in a Board of Directors, which 
        shall consist of 15 members, as follows:
                    (A) Federal members.--Four Federal members, or 
                their designees, as follows:
                            (i) The Secretary of Commerce.
                            (ii) The Secretary of Homeland Security.
                            (iii) The Director of the Office of 
                        Management and Budget.
                            (iv) The Attorney General of the United 
                        States.
                    (B) Non-federal public-sector members.--Seven non-
                Federal public-sector members, representing both urban 
                and rural interests, appointed by the Secretary of 
                Commerce, as follows:
                            (i) State governors.--Two members, each of 
                        whom is the Governor of a State, or their 
                        designees.
                            (ii) Local and tribal government members.--
                        Two members, each of whom is the chief 
                        executive officer of a political subdivision of 
                        a State or an Indian tribe, or their designees.
                            (iii) Public safety entity employees.--
                        Three members, each of whom is employed by a 
                        public safety entity and possesses one or more 
                        of the following qualifications:
                                    (I) Experience with emergency 
                                preparedness and response.
                                    (II) Technical expertise with 
                                public safety radio communications.
                                    (III) Operational experience with 
                                9-1-1 emergency services.
                                    (IV) Training in hospital or urgent 
                                medical care.
                    (C) Private-sector members.--Four private-sector 
                members, appointed by the Secretary of Commerce, each 
                of whom has extensive experience implementing 
                commercial standards in the design, development, and 
                operation of commercial mobile data service networks.
            (2) Independence of non-federal public-sector and private-
        sector members.--
                    (A) In general.--Each non-Federal public-sector 
                member and each private-sector member of the Board of 
                Directors appointed under paragraph (1) shall be 
                independent and neutral.
                    (B) Independence determination.--In order to be 
                considered independent for purposes of this paragraph, 
                a member of the Board--
                            (i) may not, other than in the capacity of 
                        such member as a member of the Board or a 
                        committee thereof, accept any consulting, 
                        advisory, or other compensatory fee from the 
                        Corporation; and
                            (ii) shall be disqualified from any 
                        deliberation involving any transaction of the 
                        Corporation in which such member has a 
                        financial interest in the outcome.
            (3) Federal employment status.--The non-Federal public-
        sector members and the private-sector members of the Board of 
        Directors shall not, by reason of membership on the Board, be 
        considered to be officers or employees of the United States 
        Government or the District of Columbia government.
            (4) Citizenship.--Each non-Federal public-sector member and 
        each private-sector member of the Board of Directors shall be a 
        citizen of the United States.
            (5) Terms of appointment.--
                    (A) Initial appointment deadline.--The initial non-
                Federal public-sector members and the initial private-
                sector members of the Board of Directors shall be 
                appointed not later than 180 days after the date of the 
                enactment of this Act.
                    (B) Terms.--
                            (i) Length.--
                                    (I) Federal members.--Each Federal 
                                member of the Board of Directors shall 
                                serve as a member of the Board for the 
                                life of the Corporation.
                                    (II) Non-federal public-sector and 
                                private-sector members.--The term of 
                                office of each non-Federal public-
                                sector member and each private-sector 
                                member of the Board of Directors shall 
                                be 3 years. Such a member may not serve 
                                more than 2 full terms consecutively.
                            (ii) Expiration of term.--Any non-Federal 
                        public-sector member or private-sector member 
                        of the Board of Directors whose term has 
                        expired may serve until such member's successor 
                        has taken office, or until the end of the 
                        calendar year in which such member's term has 
                        expired, whichever is earlier.
                            (iii) Appointment to fill vacancy.--A non-
                        Federal public-sector member or private-sector 
                        member of the Board of Directors appointed to 
                        fill a vacancy occurring prior to the 
                        expiration of the term for which that member's 
                        predecessor was appointed shall be appointed 
                        for the remainder of the predecessor's term.
                            (iv) Staggered terms.--With respect to the 
                        initial non-Federal public-sector members and 
                        the initial private-sector members of the Board 
                        of Directors--
                                    (I) four members shall serve for a 
                                term of 3 years;
                                    (II) four members shall serve for a 
                                term of 2 years; and
                                    (III) three members shall serve for 
                                a term of 1 year.
                    (C) Effect of vacancies.--A vacancy in the 
                membership of the Board of Directors shall not affect 
                the Board's powers and shall be filled in the same 
                manner as the original member was appointed.
            (6) Chair.--
                    (A) Selection.--The Chair of the Board of Directors 
                shall be selected by the Secretary of Commerce from 
                among the non-Federal public-sector members and the 
                private-sector members of the Board.
                    (B) Term.--The term of office of the Chair of the 
                Board of Directors shall be 2 years, and an individual 
                may not serve more than 2 consecutive terms.
            (7) Removal.--
                    (A) By secretary of commerce.--The Secretary of 
                Commerce may remove, for good cause--
                            (i) the Chair of the Board of Directors; or
                            (ii) any non-Federal public-sector member 
                        or private-sector member of the Board of 
                        Directors.
                    (B) By board.--The members of the Board of 
                Directors may, by majority vote--
                            (i) remove any non-Federal public-sector 
                        member or private-sector member of the Board 
                        for conduct determined by the Board to be 
                        detrimental to the Board or to the Corporation; 
                        or
                            (ii) request that the Secretary of Commerce 
                        exercise his or her authority to remove the 
                        Chair of the Board for conduct determined to be 
                        detrimental to the Board or to the Corporation.
            (8) Meetings.--
                    (A) Frequency.--The Board of Directors shall meet 
                in accordance with the bylaws of the Corporation--
                            (i) at the call of the Chair of the Board; 
                        and
                            (ii) not less frequently than once each 
                        quarter.
                    (B) Transparency.--Meetings of the Board of 
                Directors, and meetings of any committees of the Board, 
                shall be open to the public. The Board may, by majority 
                vote, close any such meeting only for the time 
                necessary to preserve the confidentiality of commercial 
                or financial information that is privileged or 
                confidential, to discuss personnel matters, or to 
                discuss legal matters affecting the Corporation, 
                including pending or potential litigation.
            (9) Quorum.--Eight members of the Board of Directors, 
        including not fewer than 6 non-Federal public-sector members or 
        private-sector members, shall constitute a quorum.
            (10) Attendance.--Members of the Board of Directors may 
        attend meetings of the Corporation and vote in person, via 
        telephone conference, or via video conference.
            (11) Bylaws.--A majority of the members of the Board of 
        Directors may amend the bylaws of the Corporation.
            (12) Prohibition against compensation.--A member of the 
        Board of Directors shall serve without pay, and shall not 
        otherwise benefit, directly or indirectly, as a result of the 
        member's service to the Corporation, but shall be allowed a per 
        diem allowance for travel expenses, at rates authorized for an 
        employee of an agency under subchapter I of chapter 57 of title 
        5, United States Code, while away from the home or regular 
        place of business of the member in the performance of the 
        duties of the Corporation.
    (c) Chief Executive Officer and Employees.--
            (1) In general.--The Corporation shall have 1 officer, a 
        Chief Executive Officer, and such employees as may be necessary 
        to carry out the duties and responsibilities of the Corporation 
        under this title and title I, for such terms, and at such rates 
        of compensation in accordance with paragraph (5), as the Board 
        of Directors of the Corporation considers appropriate. The 
        Chief Executive Officer and the employees shall serve at the 
        pleasure of the Board of Directors.
            (2) Qualifications of ceo.--The Chief Executive Officer 
        shall have extensive experience in the deployment, management, 
        or design of commercial mobile data service networks.
            (3) Citizenship.--The Chief Executive Officer and the 
        employees of the Corporation shall be citizens of the United 
        States.
            (4) Nonpolitical nature of appointment.--No political test 
        or qualification may be used in selecting, appointing, 
        promoting, or taking other personnel actions with respect to 
        the Chief Executive Officer or the agents or employees of the 
        Corporation.
            (5) Compensation.--
                    (A) In general.--The Board of Directors may fix the 
                compensation of the Chief Executive Officer and the 
                employees hired under this subsection, as necessary to 
                carry out the duties and responsibilities of the 
                Corporation under this title and title I, except that--
                            (i) the rate of compensation for the Chief 
                        Executive Officer or any employee may not 
                        exceed the maximum rate of basic pay 
                        established under section 5382 of title 5, 
                        United States Code, for a member of the Senior 
                        Executive Service; and
                            (ii) notwithstanding any other provision of 
                        law except clause (i), or any bylaw of the 
                        Corporation, all rates of compensation, 
                        including benefit plans and salary ranges, for 
                        the Chief Executive Officer and the employees 
                        shall be jointly approved by a majority of the 
                        Federal members of the Board.
                    (B) Limitation on other compensation.--Neither the 
                Chief Executive Officer nor any employee of the 
                Corporation may receive any salary or other 
                compensation (except for compensation for service on 
                boards of directors of other organizations that do not 
                receive funds from the Corporation, on committees of 
                such boards, and in similar activities for such 
                organizations) from any sources other than the 
                Corporation for services rendered during the period of 
                the employment of the Chief Executive Officer or 
                employee, respectively, by the Corporation.
                    (C) Service on other boards.--Service by the Chief 
                Executive Officer or any employee of the Corporation on 
                a board of directors of another organization, on a 
                committee of such a board, or in a similar activity for 
                such an organization shall be subject to annual advance 
                approval by the Board of Directors.
                    (D) Federal employment status.--Neither the Chief 
                Executive Officer nor any employee of the Corporation 
                shall be considered to be an officer or employee of the 
                United States Government or the District of Columbia 
                government.
    (d) Selection of Agents, Consultants, and Experts.--
            (1) In general.--The Board shall select parties to serve as 
        its agents, consultants, and experts in a fair, transparent, 
        and objective manner.
            (2) Final and binding.--If the selection of an agent, 
        consultant, or expert satisfies the requirements of paragraph 
        (1), the selection of such agent, consultant, or expert shall 
        be final and binding.
    (e) Nonprofit and Nonpolitical Nature of Corporation.--
            (1) Stock.--The Corporation shall have no power to issue 
        any shares of stock, or to declare or pay any dividends.
            (2) Profit.--No part of the income or assets of the 
        Corporation shall inure to the benefit of any director, 
        officer, employee, or any other individual associated with the 
        Corporation, except as salary or reasonable compensation for 
        services.
            (3) Politics.--The Corporation may not contribute to or 
        otherwise support any political party or candidate for elective 
        public office.
            (4) Prohibition on lobbying activities.--The Corporation 
        may not engage in lobbying activities (as defined in section 
        3(7) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
        1602(7))).
    (f) General Powers.--In addition to the powers granted to the 
Corporation by any other provision of law, the Corporation shall have 
the authority to do the following:
            (1) To adopt and use a corporate seal.
            (2) To have succession until dissolved by an Act of 
        Congress.
            (3) To prescribe, through the actions of the Board of 
        Directors, bylaws not inconsistent with Federal law and the 
        laws of the District of Columbia, regulating the manner in 
        which the Corporation's general business may be conducted and 
        the manner in which the privileges granted to the Corporation 
        by law may be exercised.
            (4) To exercise, through the actions of the Board of 
        Directors, all powers specifically granted to the Corporation 
        by the provisions of this title and title I, and such 
        incidental powers as shall be necessary.
            (5) To hold such hearings, sit and act at such times and 
        places, take such testimony, and receive such evidence as the 
        Corporation considers necessary to carry out its 
        responsibilities and duties.
            (6) To obtain grants and funds from and make contracts with 
        individuals, private companies, organizations, institutions, 
        and Federal, State, regional, and local agencies.
            (7) To accept, hold, administer, and utilize gifts, 
        donations, and bequests of property, both real and personal, 
        for the purposes of aiding or facilitating the work of the 
        Corporation.
            (8) To spend amounts obtained under paragraph (6) in a 
        manner authorized by the Board, but only for purposes that will 
        advance or enhance public safety communications consistent with 
        this Act.
            (9) To establish reserve accounts with funds that the 
        Corporation may receive from time to time that exceed the 
        amounts required by the Corporation to timely pay its debt 
        service and other obligations.
            (10) To expend the funds placed in any reserve accounts 
        established under paragraph (9) (including interest earned on 
        any such amounts) in a manner authorized by the Board, but only 
        for purposes that--
                    (A) will advance or enhance public safety 
                communications consistent with this Act; or
                    (B) are otherwise approved by an Act of Congress.
            (11) To take such other actions as the Corporation, through 
        the Board of Directors, may from time to time determine 
        necessary, appropriate, or advisable to accomplish the purposes 
        of this title and title I.
    (g) Principal Powers.--In addition to the powers granted to the 
Corporation by any other provision of law, the Corporation shall have 
the power--
            (1) to hold the single license for the public safety 
        broadband spectrum and the guard band spectrum assigned by the 
        Commission under section 102(a);
            (2) to take all actions necessary to ensure the 
        construction, management, maintenance, and operation of the 
        public safety broadband network, in consultation with Federal 
        users of the network, public safety entities, the Commission, 
        and the Technical and Operations Advisory Body established 
        under subsection (h), including by--
                    (A) ensuring the use of commercial standards;
                    (B) issuing open, transparent, and competitive 
                requests for proposals to private-sector entities for 
                the purpose of constructing, managing, maintaining, and 
                operating the public safety broadband network;
                    (C) entering into and overseeing the performance of 
                contracts or agreements with private-sector entities to 
                construct, manage, maintain, and operate the public 
                safety broadband network;
                    (D) leveraging, to the maximum extent possible, 
                existing commercial, private, and public infrastructure 
                to reduce costs, supplement network capacity, and speed 
                deployment of the network;
                    (E) entering into roaming and priority access 
                agreements with providers of commercial mobile service 
                and commercial mobile data service to allow users of 
                the public safety broadband network to obtain such 
                services across the networks of such providers;
                    (F) entering into sharing agreements under section 
                104; and
                    (G) exercising discretion in using and disbursing 
                the funds received under section 401(b)(4); and
            (3) to establish the Program Management Office and delegate 
        functions to such Office, in accordance with section 203.
    (h) Technical and Operations Advisory Body.--
            (1) Establishment.--In addition to such other standing or 
        ad hoc committees, panels, or councils as the Board of 
        Directors considers necessary, the Corporation shall establish 
        a Technical and Operations Advisory Body, which shall provide 
        advice to the Corporation with respect to operational and 
        technical matters related to public safety communications and 
        commercial mobile data service.
            (2) Membership.--The Technical and Operations Advisory Body 
        shall be composed of such representatives as the Board of 
        Directors considers appropriate, including representatives of 
        the following:
                    (A) Public safety entities.
                    (B) State, local, and tribal entities that use the 
                public safety broadband network.
                    (C) Public safety answering points.
                    (D) One or more of the 10 regional organizational 
                units of the Federal Emergency Management Agency.
                    (E) The Bureau of Indian Affairs.
                    (F) The Office of Science and Technology Policy.
                    (G) The Public Safety Communications Research 
                Program.
                    (H) Providers of commercial mobile data service and 
                vendors of equipment, devices, and software used to 
                provide and access such service.
    (i) Audits and Reports by GAO.--
            (1) Audits.--
                    (A) In general.--The financial transactions of the 
                Corporation for any fiscal year during which Federal 
                funds are available to finance any portion of its 
                operations shall be audited annually by the Comptroller 
                General of the United States in accordance with the 
                principles and procedures applicable to commercial 
                corporate transactions and under such rules and 
                regulations as may be prescribed by the Comptroller 
                General.
                    (B) Location.--Any audit conducted under 
                subparagraph (A) shall be conducted at the place or 
                places where accounts of the Corporation are normally 
                kept.
                    (C) Access to corporation books and documents.--
                            (i) In general.--For purposes of an audit 
                        conducted under subparagraph (A), the 
                        representatives of the Comptroller General 
                        shall--
                                    (I) have access to all books, 
                                accounts, records, reports, files, and 
                                all other papers, things, or property 
                                belonging to or in use by the 
                                Corporation that pertain to the 
                                financial transactions of the 
                                Corporation and are necessary to 
                                facilitate the audit; and
                                    (II) be afforded full facilities 
                                for verifying transactions with the 
                                balances or securities held by 
                                depositories, fiscal agents, and 
                                custodians.
                            (ii) Requirement.--All books, accounts, 
                        records, reports, files, papers, and property 
                        of the Corporation shall remain in the 
                        possession and custody of the Corporation.
            (2) Reports.--
                    (A) In general.--The Comptroller General of the 
                United States shall submit a report of each audit 
                conducted under paragraph (1)(A) to--
                            (i) the appropriate committees of Congress;
                            (ii) the President; and
                            (iii) the Corporation.
                    (B) Contents.--Each report submitted under 
                subparagraph (A) shall contain--
                            (i) such comments and information as the 
                        Comptroller General determines necessary to 
                        inform Congress of the financial operations and 
                        condition of the Corporation;
                            (ii) any recommendations of the Comptroller 
                        General relating to the financial operations 
                        and condition of the Corporation; and
                            (iii) a description of any program, 
                        expenditure, or other financial transaction or 
                        undertaking of the Corporation that was 
                        observed during the course of the audit, which, 
                        in the opinion of the Comptroller General, has 
                        been carried on or made without the authority 
                        of law.
    (j) Annual Report to Congress.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and each year thereafter, the 
        Corporation shall submit an annual report covering the 
        preceding fiscal year to the appropriate committees of 
        Congress.
            (2) Required content.--The report required under paragraph 
        (1) shall include--
                    (A) a comprehensive and detailed report of the 
                operations, activities, financial condition, and 
                accomplishments of the Corporation under this section;
                    (B) an analysis of the continued need for the 
                Program Management Office and opportunities for 
                reductions in staffing levels or scope of work in light 
                of progress made in network deployment, including the 
                requests for proposals process; and
                    (C) such recommendations or proposals for 
                legislative or administrative action as the Corporation 
                considers appropriate.
            (3) Availability to testify.--The directors, employees, and 
        agents and the Chief Executive Officer of the Corporation shall 
        be available to testify before the appropriate committees of 
        the Congress with respect to--
                    (A) the report required under paragraph (1);
                    (B) the report of any audit made by the Comptroller 
                General under subsection (i); or
                    (C) any other matter which such committees may 
                consider appropriate.
    (k) Prohibition Against Negotiation With Foreign Governments.--The 
Corporation may not negotiate or enter into any agreements with a 
foreign government on behalf of the United States.
    (l) Use of Mails.--The Corporation may use the United States mails 
in the same manner and under the same conditions as the departments and 
agencies of the United States.

SEC. 202. PUBLIC SAFETY BROADBAND NETWORK.

    (a) Establishment.--The Corporation shall ensure the establishment 
of a nationwide, interoperable public safety broadband network.
    (b) Network Components.--The public safety broadband network shall 
be based on a single, national network architecture that evolves with 
technological advancements and initially consists of the following:
            (1) A core network that--
                    (A) consists of national and regional data centers, 
                and other elements and functions that may be 
                distributed geographically, all of which shall be based 
                on commercial standards; and
                    (B) provides the connectivity between--
                            (i) the radio access network; and
                            (ii) the public Internet or the public 
                        switched network, or both.
            (2) A radio access network that--
                    (A) is deployed on a State-by-State or multi-State 
                basis;
                    (B) consists of all cell site equipment, antennas, 
                and backhaul equipment, based on commercial standards, 
                that are required to enable wireless communications 
                with devices using the public safety broadband 
                spectrum; and
                    (C) shall be developed, constructed, managed, 
                maintained, and operated taking into account the plans 
                developed in the State, local, and tribal planning and 
                implementation grant program under section 212.
    (c) Deployment Standards.--The Corporation shall, through the 
administration of the requests-for-proposals process and oversight of 
contracts delegated to the Program Management Office--
            (1) ensure that the core network and the radio access 
        network are deployed as networks are typically deployed by 
        commercial mobile data service providers;
            (2) promote competition in the public safety equipment 
        market by requiring that equipment for use on the public safety 
        broadband network be--
                    (A) built to open, nonproprietary, commercial 
                standards;
                    (B) capable of being used by any public safety 
                entity and accessed by devices manufactured by multiple 
                vendors; and
                    (C) backward-compatible with prior generations of 
                commercial mobile service and commercial mobile data 
                service networks to the extent typically deployed by 
                providers of commercial mobile service and commercial 
                mobile data service; and
            (3) ensure that the public safety broadband network is 
        integrated with public safety answering points, or the 
        equivalent of public safety answering points, and with networks 
        for the provision of Next Generation 9-1-1 services (as defined 
        in section 231).
    (d) Procurement.--In all procurement related to the core network 
and the radio access network, the Corporation shall use an open, 
competitive bidding process that--
            (1) details the required framework and architecture of such 
        networks, the general specifications of the work requested, and 
        the service-delivery responsibilities of successful bidders;
            (2) provides for the award of subcontracts; and
            (3) prohibits, except in the case of minor upgrades--
                    (A) sole-source contracts; and
                    (B) requirements for design proprietary to any 
                individual vendor.
    (e) Network Infrastructure and Device Criteria.--The Director of 
NIST, in consultation with the Corporation and the Commission, shall 
develop and periodically update a list of approved devices and 
components meeting appropriate protocols and standards. A device or 
component may not be used on the public safety broadband network unless 
it appears on such list.

SEC. 203. PROGRAM MANAGEMENT OFFICE.

    (a) Establishment.--The Corporation shall establish and staff a 
Program Management Office within the Corporation, or award a network 
management services contract to a private entity to establish and staff 
such an office. Any such contract shall be awarded through an open, 
competitive bidding process and shall be subject to approval by the 
Secretary of Commerce.
    (b) Accountability.--The actions of the Program Management Office 
shall be subject to review by the Corporation.
    (c) Independence.--For the duration of any contract between the 
Program Management Office and the Corporation, the Program Management 
Office may not have a material financial interest in the outcome of any 
request for proposals of the Corporation or a material financial 
interest in any contract or agreement entered into by the Corporation.
    (d) Duties.--Subject to the determination of the Corporation of the 
continuing need and appropriate scale of the Program Management Office, 
the Program Management Office shall--
            (1) be responsible for carrying out the day-to-day 
        activities of the Corporation, including ensuring uniformity of 
        deployments of and upgrades to the public safety broadband 
        network to preserve nationwide interoperability and economies 
        of scale in network equipment and device costs;
            (2) develop and recommend for adoption by the Corporation a 
        nationwide plan for the deployment of the public safety 
        broadband network;
            (3) create a template for use by a State Public Safety 
        Broadband Office receiving a grant under section 212(a) in 
        transmitting the plans developed under such section to the 
        Program Management Office;
            (4) create, for approval by the Corporation--
                    (A) baseline criteria for a request for proposals 
                for the construction, management, maintenance, and 
                operation of the core network; and
                    (B) baseline criteria for requests for proposals 
                for the construction, management, maintenance, and 
                operation of the radio access network;
            (5) in consultation with State Public Safety Broadband 
        Offices, evaluate responses to the requests for proposals 
        described in paragraph (4);
            (6) administer and oversee, and verify and validate the 
        performance of, contracts entered into by the Corporation with 
        entities the proposals of which the Corporation accepts;
            (7) in consultation with State Public Safety Broadband 
        Offices, the Office of Emergency Communications in the 
        Department of Homeland Security, and the Commission, implement 
        an awareness campaign in order to stimulate nationwide adoption 
        of the public safety broadband network by public safety 
        entities;
            (8) in consultation with State Public Safety Broadband 
        Offices, assess the progress of the construction and adoption 
        of the public safety broadband network and report to the 
        Corporation regarding such progress at such intervals as the 
        Corporation requests, but no less frequently than biannually; 
        and
            (9) in consultation with State Public Safety Broadband 
        Offices, develop a strategy for the Corporation on the 
        distribution of public funding provided under section 401(b)(4) 
        for the construction, management, maintenance, and operation of 
        the public safety broadband network.
    (e) Development and Evaluation of Requests for Proposals.--In 
developing requests for proposals with respect to the core network and 
the radio access network, the Program Management Office shall, on a 
State-by-State or multi-State basis, seek proposals and recommend for 
acceptance by the Corporation proposals that--
            (1) are based on commercial standards and are backward-
        compatible with existing commercial mobile service and 
        commercial mobile data service networks;
            (2) maximize use of existing infrastructure of commercial 
        entities and of Federal, State, and tribal entities, including 
        existing public safety infrastructure;
            (3) provide for the selection on a localized basis of 
        network options that remain consistent with the national 
        network architecture;
            (4) incorporate deployable network assets, vehicular 
        repeaters, and other equipment as a means to provide additional 
        coverage and capacity as may be required;
            (5) ensure a nationwide level of interoperability;
            (6) provide economies of scale in equipment and device 
        costs comparable to those in the commercial marketplace, 
        including the costs of devices capable of operating in Band 
        Class 14;
            (7) promote competition in the network equipment and device 
        markets;
            (8) ensure coverage of rural and underserved areas;
            (9) take into account the need for the relocation of any 
        incumbent public safety narrowband operations from the public 
        safety broadband spectrum;
            (10) enable technology upgrades at a pace comparable to 
        that occurring in the commercial mobile service and commercial 
        mobile data service marketplaces;
            (11) ensure the reliability, security, and resiliency of 
        the network, including through measures for--
                    (A) protecting and monitoring the cybersecurity of 
                the network; and
                    (B) managing supply chain risks to the network; and
            (12) incorporate results from the 700 MHz demonstration 
        network managed by the Public Safety Communications Research 
        Program.
    (f) Consultation With Technical and Operations Advisory Body.--In 
carrying out its responsibilities, the Program Management Office shall 
regularly meet and consult with the Technical and Operations Advisory 
Body established under section 201(h).

SEC. 204. REPRESENTATION BEFORE STANDARDS SETTING ENTITIES.

    The Corporation, in consultation with the Director of NIST, the 
Commission, and the Technical and Operations Advisory Body established 
under section 201(h), shall represent the interests of Federal 
departments and agencies and public safety entities using the public 
safety broadband network before any appropriate standards development 
organizations that address issues that in the judgment of the 
Corporation are relevant and important to the public safety broadband 
network.

SEC. 205. GAO REPORT ON SATELLITE BROADBAND.

    Not later than 2 years after the date of the enactment of this Act, 
the Comptroller General of the United States shall conduct a study and 
submit to the appropriate committees of Congress a report on the 
current and future capabilities of fixed and mobile satellite broadband 
for use by public safety entities.

SEC. 206. ACCESS TO FEDERAL SUPPLY SCHEDULES.

    Section 502 of title 40, United States Code, is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection:
    ``(f) Use of Supply Schedules by Public Safety Broadband 
Corporation for Certain Goods and Services.--
            ``(1) In general.--The Administrator may provide, to the 
        extent practicable, for the use by the Public Safety Broadband 
        Corporation of Federal supply schedules for the following:
                    ``(A) Roaming and priority access services offered 
                by providers of commercial mobile service and 
                commercial mobile data service.
                    ``(B) Broadband network equipment, devices, and 
                applications that are suitable for use on the public 
                safety broadband network.
            ``(2) Definitions.--In this subsection--
                    ``(A) the terms `commercial mobile data service' 
                and `public safety broadband network' have the meanings 
                given such terms in section 2 of the Wireless 
                Innovation and Public Safety Act of 2011;
                    ``(B) the term `commercial mobile service' has the 
                meaning given such term in section 332(d)(1) of the 
                Communications Act of 1934 (47 U.S.C. 332(d)(1)); and
                    ``(C) the term `Public Safety Broadband 
                Corporation' means the corporation established under 
                section 201(a)(1) of the Wireless Innovation and Public 
                Safety Act of 2011.''.

SEC. 207. FEDERAL INFRASTRUCTURE SHARING.

    The Administrator of General Services shall establish rules to 
allow the Corporation, on behalf of public safety entities, to have 
access to such components of Federal infrastructure as are appropriate 
for the construction and maintenance of the public safety broadband 
network.

SEC. 208. INITIAL FUNDING FOR CORPORATION.

    (a) In General.--There is appropriated to the Assistant Secretary 
$50,000,000 for use in accordance with subsection (b), to remain 
available until the commencement of incentive auctions to be carried 
out under subparagraph (G) of section 309(j)(8) of the Communications 
Act of 1934, as added by section 302(a), or the auction of spectrum 
pursuant to subsection (a)(1) or (b)(1) of section 301.
    (b) Use of Funds.--The Assistant Secretary shall use the funds 
appropriated under subsection (a)--
            (1) for reasonable administrative expenses and other costs 
        associated with the establishment of the Corporation; and
            (2) subject to subsection (c), for transfer to the 
        Corporation of an amount the Assistant Secretary considers 
        necessary for the Corporation to carry out its duties and 
        responsibilities under this title and title I prior to the 1st 
        fiscal year for which the Corporation projects that the fees 
        collected under section 209 will be sufficient to cover the 
        total expenses of the Corporation for such fiscal year.
    (c) Conditions.--The Assistant Secretary may not transfer any funds 
under subsection (b)(2) unless the Corporation files with the Assistant 
Secretary--
            (1) an estimated budget for the period between the filing 
        and the beginning of the 1st fiscal year for which the 
        Corporation projects that the fees collected under section 209 
        will be sufficient to cover the total expenses of the 
        Corporation for such fiscal year; and
            (2) a statement of the anticipated use of the funds 
        transferred.
    (d) Reinvestment of Excess Funds.--Beginning with the 1st fiscal 
year in which the Corporation collects fees under section 209 in excess 
of the total expenses of the Corporation in carrying out its duties and 
responsibilities under this title and title I for such fiscal year, the 
Corporation shall use any remaining amount of the funds transferred 
under subsection (b)(2) only to ensure the construction, management, 
maintenance, and operation of the public safety broadband network.

SEC. 209. PERMANENT SELF-FUNDING OF CORPORATION AND DUTY TO COLLECT 
              CERTAIN FEES.

    (a) In General.--The Corporation is authorized to assess and 
collect the following fees:
            (1) Network user fees.--A user or subscription fee from 
        each public safety entity and Federal department or agency that 
        seeks access to or use of the public safety broadband network.
            (2) Sharing arrangement fees.--A fee from each entity with 
        which the Corporation enters into a sharing arrangement under 
        section 104.
    (b) Establishment of Fee Amounts.--The total amount of the fees 
assessed for each fiscal year under this section shall be sufficient, 
and to the extent practicable shall not exceed the amount necessary, to 
cover the total expenses of the Corporation in carrying out its duties 
and responsibilities under this title and title I for such fiscal year.
    (c) Required Reinvestment of Excess Funds.--If, in a fiscal year, 
the Corporation collects fees under this section in excess of the total 
expenses of the Corporation in carrying out its duties and 
responsibilities under this title and title I for such fiscal year, the 
Corporation shall use the excess only to ensure the construction, 
management, maintenance, and operation of the public safety broadband 
network.

    Subtitle B--State, Local, and Tribal Planning and Implementation

SEC. 211. STATE, LOCAL, AND TRIBAL PLANNING AND IMPLEMENTATION FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the State, Local, and Tribal 
Planning and Implementation Fund.
    (b) Purpose.--The Assistant Secretary shall establish and 
administer the grant program under section 212 using the funds 
deposited in the State, Local, and Tribal Planning and Implementation 
Fund.
    (c) Crediting of Receipts.--There shall be deposited into or 
credited to the State, Local, and Tribal Planning and Implementation 
Fund--
            (1) any amounts specified in section 401; and
            (2) any amounts borrowed by the Assistant Secretary under 
        subsection (d).
    (d) Borrowing Authority.--
            (1) In general.--The Assistant Secretary may borrow from 
        the general fund of the Treasury beginning on October 1, 2011, 
        such sums as may be necessary, but not to exceed $250,000,000, 
        to implement section 212.
            (2) Reimbursement.--The Assistant Secretary shall reimburse 
        the general fund of the Treasury, without interest, for any 
        amounts borrowed under paragraph (1) as funds are deposited 
        into the State, Local, and Tribal Planning and Implementation 
        Fund.

SEC. 212. STATE, LOCAL, AND TRIBAL PLANNING AND IMPLEMENTATION GRANT 
              PROGRAM.

    (a) Establishment of Grant Program.--The Assistant Secretary, in 
consultation with the Corporation, shall take such action as is 
necessary to establish a grant program to make grants to each State 
Public Safety Broadband Office established under subsection (d) to 
assist State, local, and tribal public safety entities within such 
State in carrying out the following activities:
            (1) Identifying and planning the most efficient and 
        effective use and integration by such entities of the spectrum 
        and the infrastructure, equipment, and other architecture 
        associated with the public safety broadband network to satisfy 
        the wireless communications and data services needs of such 
        entities.
            (2) Identifying opportunities for creating a consortium 
        with one or more other States to assist the Program Management 
        Office in developing a single request for proposals to serve 
        the common network requirements of the States in the 
        consortium.
            (3) Identifying the particular assets and specialized needs 
        of the public safety entities located within such State for 
        inclusion in requests for proposals with respect to the radio 
        access network. Such assets may include available towers and 
        infrastructure. Such needs may include the projected number of 
        users, preferred buildout timeframes, special coverage needs, 
        special hardening, reliability, security, and resiliency needs, 
        local user priority assignments, and integration needs of 
        public safety answering points and emergency operations 
        centers.
            (4) Transmitting the plans developed under this subsection 
        to the Program Management Office using the template developed 
        under section 203(d)(3).
    (b) Matching Requirements; Federal Share.--
            (1) In general.--The Federal share of the cost of any 
        activity carried out using a grant under this section may not 
        exceed 80 percent of the eligible costs of carrying out that 
        activity, as determined by the Assistant Secretary, in 
        consultation with the Corporation.
            (2) Waiver.--The Assistant Secretary may waive, in whole or 
        in part, the requirements of paragraph (1) for good cause shown 
        if the Assistant Secretary determines that such a waiver is in 
        the public interest.
    (c) Programmatic Requirements.--Not later than 6 months after the 
date of the incorporation of the Corporation under section 201(a), the 
Assistant Secretary, in consultation with the Corporation, shall 
establish requirements relating to the grant program to be carried out 
under this section, including the following:
            (1) Defining eligible costs for purposes of subsection 
        (b)(1).
            (2) Determining the scope of eligible activities for grant 
        funding under this section.
            (3) Prioritizing grants for activities that ensure coverage 
        in rural as well as urban areas.
    (d) State Public Safety Broadband Offices.--A State wishing to 
receive a grant under this section shall establish a State Public 
Safety Broadband Office to carry out the activities described in 
subsection (a). The Assistant Secretary may not accept a grant 
application unless such application certifies that the State has 
established such an office.

SEC. 213. PUBLIC SAFETY WIRELESS FACILITIES DEPLOYMENT.

    (a) 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 that does not substantially change the physical 
dimensions of such tower.
    (b) Eligible Facilities Request.--In this section, the term 
``eligible facilities request'' means a request that--
            (1) is for a modification of an existing wireless tower 
        that involves--
                    (A) collocation of new transmission equipment;
                    (B) removal of transmission equipment; or
                    (C) replacement of transmission equipment; and
            (2) is made by an entity that enters into a contract with 
        the Corporation to construct, manage, maintain, or operate the 
        public safety broadband network for purposes of performing work 
        under such contract.

   Subtitle C--Public Safety Communications Research and Development

SEC. 221. NIST-DIRECTED PUBLIC SAFETY WIRELESS COMMUNICATIONS RESEARCH 
              AND DEVELOPMENT.

    (a) In General.--From amounts made available from the Public Safety 
Trust Fund established under section 401, the Director of NIST, in 
consultation with the Commission, the Secretary of Homeland Security, 
and the National Institute of Justice of the Department of Justice, as 
appropriate, shall conduct research and assist with the development of 
standards, technologies, and applications to advance wireless public 
safety communications.
    (b) Required Activities.--In carrying out subsection (a), the 
Director of NIST, in consultation with the Corporation and the 
Technical and Operations Advisory Body established under section 
201(h), shall--
            (1) document public safety wireless communications 
        requirements;
            (2) accelerate the development of the capability for 
        communications between currently deployed public safety 
        narrowband systems and the public safety broadband network;
            (3) establish a research plan, and direct research, that 
        addresses the wireless communications needs of public safety 
        entities beyond what can be provided by the current generation 
        of broadband technology;
            (4) accelerate the development of mission critical voice 
        communications, including device-to-device talkaround 
        capability over broadband networks, public safety 
        prioritization, authentication capabilities, and standard 
        application programming interfaces, if necessary and practical;
            (5) accelerate the development of communications technology 
        and equipment that can facilitate the eventual migration of 
        public safety narrowband communications to the public safety 
        broadband network;
            (6) ensure the development and testing of new, 
        interoperable, nonproprietary broadband technologies (including 
        applications, devices, and device components) that are designed 
        to open standards to meet the needs of public safety entities;
            (7) seek to develop technologies, standards, processes, and 
        architectures that provide a significant improvement in network 
        security, resiliency, and trustworthiness; and
            (8) convene working groups of relevant government and 
        commercial parties in carrying out paragraphs (1) through (7).

               Subtitle D--Next Generation 9-1-1 Services

SEC. 231. DEFINITIONS.

    In this subtitle:
            (1) 9-1-1 services, e9-1-1 services, next generation 9-1-1 
        services.--The terms ``9-1-1 services, E9-1-1 services, and 
        Next Generation 9-1-1 services'' shall have the meaning given 
        those terms in section 158 of the National Telecommunications 
        and Information Administration Organization Act (47 U.S.C. 
        942), as amended by this Act.
            (2) Emergency call.--The term ``emergency call'' has the 
        meaning given such term in section 158 of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 942), as amended by this Act.
            (3) Multi-line telephone system.--The term ``multi-line 
        telephone system'' or ``MLTS'' means a system comprised of 
        common control units, telephone sets, control hardware and 
        software and adjunct systems, including network and premises 
        based systems, such as Centrex and VoIP, as well as PBX, 
        Hybrid, and Key Telephone Systems (as classified by the 
        Commission under part 68 of title 47, Code of Federal 
        Regulations) and includes systems owned or leased by 
        governmental agencies and non-profit entities, as well as for 
        profit businesses.
            (4) Office.--The term ``Office'' means the 9-1-1 
        Implementation Coordination Office established under section 
        158 of the National Telecommunications and Information 
        Administration Organization Act (47 U.S.C. 942), as amended by 
        this Act.
            (5) Public safety answering point.--The term ``public 
        safety answering point'' has the meaning given the term in 
        section 222 of the Communications Act of 1934 (47 U.S.C. 222).

SEC. 232. COORDINATION OF 9-1-1 IMPLEMENTATION.

    Section 158 of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 942) is amended to read as 
follows:

``SEC. 158. COORDINATION OF 9-1-1, E9-1-1 AND NEXT GENERATION 9-1-1 
              IMPLEMENTATION.

    ``(a) 9-1-1 Implementation Coordination Office.--
            ``(1) Establishment and continuation.--The Assistant 
        Secretary and the Administrator of the National Highway Traffic 
        Safety Administration shall--
                    ``(A) establish and further a program to facilitate 
                coordination and communication between Federal, State, 
                and local emergency communications systems, emergency 
                personnel, public safety organizations, 
                telecommunications carriers, and telecommunications 
                equipment manufacturers and vendors involved in the 
                implementation of 9-1-1 services; and
                    ``(B) establish a 9-1-1 Implementation Coordination 
                Office to implement the provisions of this section.
            ``(2) Management plan.--
                    ``(A) Development.--The Assistant Secretary and the 
                Administrator shall develop a management plan for the 
                grant program established under this section, including 
                by developing--
                            ``(i) plans related to the organizational 
                        structure of such program; and
                            ``(ii) funding profiles for each fiscal 
                        year of the 5-year duration of such program.
                    ``(B) Submission to congress.--Not later than 90 
                days after the date of enactment of the Wireless 
                Innovation and Public Safety Act of 2011, the Assistant 
                Secretary and the Administrator shall submit the 
                management plan developed under subparagraph (A) to--
                            ``(i) the Committees on Commerce, Science, 
                        and Transportation and Appropriations of the 
                        Senate; and
                            ``(ii) the Committees on Energy and 
                        Commerce and Appropriations of the House of 
                        Representatives.
            ``(3) Purpose of office.--The Office shall--
                    ``(A) take actions, in concert with coordinators 
                designated in accordance with subsection (b)(3)(A)(ii), 
                to improve coordination and communication with respect 
                to the implementation of 9-1-1 services, E9-1-1 
                services, and Next Generation 9-1-1 services;
                    ``(B) develop, collect, and disseminate information 
                concerning practices, procedures, and technology used 
                in the implementation of 9-1-1 services, E9-1-1 
                services, and Next Generation 9-1-1 services;
                    ``(C) advise and assist eligible entities in the 
                preparation of implementation plans required under 
                subsection (b)(3)(A)(iii);
                    ``(D) receive, review, and recommend the approval 
                or disapproval of applications for grants under 
                subsection (b); and
                    ``(E) oversee the use of funds provided by such 
                grants in fulfilling such implementation plans.
            ``(4) Reports.--The Assistant Secretary and the 
        Administrator shall provide an annual report to Congress by the 
        first day of October of each year on the activities of the 
        Office to improve coordination and communication with respect 
        to the implementation of 9-1-1 services, E9-1-1 services, and 
        Next Generation 9-1-1 services.
    ``(b) 9-1-1, E9-1-1 and Next Generation 9-1-1 Implementation 
Grants.--
            ``(1) Matching grants.--The Assistant Secretary and the 
        Administrator, acting through the Office, shall provide grants 
        to eligible entities for--
                    ``(A) the implementation and operation of 9-1-1 
                services, E9-1-1 services, migration to an IP-enabled 
                emergency network, and adoption and operation of Next 
                Generation 9-1-1 services and applications;
                    ``(B) the implementation of IP-enabled emergency 
                services and applications enabled by Next Generation 9-
                1-1 services, including the establishment of IP 
                backbone networks and the application layer software 
                infrastructure needed to interconnect the multitude of 
                emergency response organizations; and
                    ``(C) training public safety personnel, including 
                call-takers, first responders, and other individuals 
                and organizations who are part of the emergency 
                response chain in 9-1-1 services.
            ``(2) Matching requirement.--The Federal share of the cost 
        of a project eligible for a grant under this section shall not 
        exceed 80 percent. The non-Federal share of the cost shall be 
        provided from non-Federal sources unless waived by the 
        Assistant Secretary and the Administrator.
            ``(3) Coordination required.--In providing grants under 
        paragraph (1), the Assistant Secretary and the Administrator 
        shall require an eligible entity to certify in its application 
        that--
                    ``(A) in the case of an eligible entity that is a 
                State government, the entity--
                            ``(i) has coordinated its application with 
                        the public safety answering points located 
                        within the jurisdiction of such entity;
                            ``(ii) has designated a single officer or 
                        governmental body of the entity to serve as the 
                        coordinator of implementation of 9-1-1 
                        services, except that such designation need not 
                        vest such coordinator with direct legal 
                        authority to implement 9-1-1 services, E9-1-1 
                        services, or Next Generation 9-1-1 services or 
                        to manage emergency communications operations;
                            ``(iii) has established a plan for the 
                        coordination and implementation of 9-1-1 
                        services, E9-1-1 services, and Next Generation 
                        9-1-1 services; and
                            ``(iv) has integrated telecommunications 
                        services involved in the implementation and 
                        delivery of 9-1-1 services, E9-1-1 services, 
                        and Next Generation 9-1-1 services; or
                    ``(B) in the case of an eligible entity that is not 
                a State, the entity has complied with clauses (i), 
                (iii), and (iv) of subparagraph (A), and the State in 
                which it is located has complied with clause (ii) of 
                such subparagraph.
            ``(4) Criteria.--Not later than 120 days after the 
        submission of the report required under section 237 of the 
        Wireless Innovation and Public Safety Act of 2011, the 
        Assistant Secretary and the Administrator shall issue 
        regulations, after providing the public with notice and an 
        opportunity to comment, prescribing the criteria for selection 
        for grants under this section. The criteria shall include 
        performance requirements and a timeline for completion of any 
        project to be financed by a grant under this section. The 
        Assistant Secretary and the Administrator shall update such 
        regulations as necessary.
    ``(c) Diversion of 9-1-1 Charges.--
            ``(1) Designated 9-1-1 charges.--For the purposes of this 
        subsection, the term `designated 9-1-1 charges' means any 
        taxes, fees, or other charges imposed by a State or other 
        taxing jurisdiction that are designated or presented as 
        dedicated to deliver or improve 9-1-1 services, E9-1-1 
        services, or Next Generation 9-1-1 services.
            ``(2) Certification.--Each applicant for a matching grant 
        under this section shall certify to the Assistant Secretary and 
        the Administrator at the time of application, and each 
        applicant that receives such a grant shall certify to the 
        Assistant Secretary and the Administrator annually thereafter 
        during any period of time during which the funds from the grant 
        are available to the applicant, that no portion of any 
        designated 9-1-1 charges imposed by a State or other taxing 
        jurisdiction within which the applicant is located are being 
        obligated or expended for any purpose other than the purposes 
        for which such charges are designated or presented during the 
        period beginning 180 days immediately preceding the date of the 
        application and continuing through the period of time during 
        which the funds from the grant are available to the applicant.
            ``(3) Condition of grant.--Each applicant for a grant under 
        this section shall agree, as a condition of receipt of the 
        grant, that if the State or other taxing jurisdiction within 
        which the applicant is located, during any period of time 
        during which the funds from the grant are available to the 
        applicant, obligates or expends designated 9-1-1 charges for 
        any purpose other than the purposes for which such charges are 
        designated or presented, eliminates such charges, or re-
        designates such charges for purposes other than the 
        implementation or operation of 9-1-1 services, E9-1-1 services, 
        or Next Generation 9-1-1 services, all of the funds from such 
        grant shall be returned to the Office.
            ``(4) Penalty for providing false information.--Any 
        applicant that provides a certification under paragraph (1) 
        knowing that the information provided in the certification was 
        false shall--
                    ``(A) not be eligible to receive the grant under 
                subsection (b);
                    ``(B) return any grant awarded under subsection (b) 
                during the time that the certification was not valid; 
                and
                    ``(C) not be eligible to receive any subsequent 
                grants under subsection (b).
    ``(d) Authorization and Termination.--
            ``(1) Authorization.--
                    ``(A) In general.--There are authorized to be 
                appropriated to the Secretary of Commerce, for the 
                purposes of carrying out grants under this section, 
                $250,000,000 total for the 5-year period described in 
                subparagraph (C).
                    ``(B) Limitation.--Of the amounts made available to 
                the Secretary of Commerce under this paragraph in a 
                fiscal year, not more than 5 percent of such amounts 
                may be obligated or expended to cover the 
                administrative costs of carrying out this section.
                    ``(C) Period.--The 5-year period under subparagraph 
                (A) begins on the first day of the fiscal year that 
                begins following the date of the submission of the 
                report required under section 237 of the Wireless 
                Innovation and Public Safety Act of 2011.
            ``(2) Termination.--Effective on the day after the end of 
        the 5-year period described in paragraph (1)(C), the authority 
        provided by this section terminates and this section shall have 
        no effect.
    ``(e) Definitions.--In this section:
            ``(1) 9-1-1 services.--The term `9-1-1 services' includes 
        both E9-1-1 services and Next Generation 9-1-1 services.
            ``(2) E9-1-1 services.--The term `E9-1-1 services' means 
        both phase I and phase II enhanced 9-1-1 services, as described 
        in section 20.18 of the Commission's regulations (47 C.F.R. 
        20.18), as in effect on the date of enactment of the Wireless 
        Innovation and Public Safety Act of 2011, or as subsequently 
        revised by the Commission.
            ``(3) Eligible entity.--
                    ``(A) In general.--The term `eligible entity' means 
                a State or local government or a tribal organization 
                (as defined in section 4(l) of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450b(l))).
                    ``(B) Instrumentalities.--The term `eligible 
                entity' includes public authorities, boards, 
                commissions, and similar bodies created by 1 or more 
                eligible entities described in subparagraph (A) to 
                provide 9-1-1 service, E9-1-1 services, or Next 
                Generation 9-1-1 services.
                    ``(C) Exception.--The term `eligible entity' does 
                not include any entity that has failed to submit the 
                most recently required certification under subsection 
                (c) within 30 days after the date on which such 
                certification is due.
            ``(4) Emergency call.--The term `emergency call' means any 
        real-time communication with a public safety answering point or 
        other emergency management or response agency, including--
                    ``(A) through voice, text, or video and related 
                data; and
                    ``(B) nonhuman-initiated automatic event alerts, 
                such as alarms, telematics, or sensor data, which may 
                also include real-time voice, text, or video 
                communications.
            ``(5) Next generation 9-1-1 services.--The term `Next 
        Generation 9-1-1 services' means an IP-based system comprised 
        of hardware, software, data, and operational policies and 
        procedures that--
                    ``(A) provides standardized interfaces from 
                emergency call and message services to support 
                emergency communications;
                    ``(B) processes all types of emergency calls, 
                including voice, text, data, and multimedia 
                information;
                    ``(C) acquires and integrates additional emergency 
                call data useful to call routing and handling;
                    ``(D) delivers the emergency calls, messages, and 
                data to the appropriate public safety answering point 
                and other appropriate emergency entities;
                    ``(E) supports data or video communications needs 
                for coordinated incident response and management; and
                    ``(F) provides broadband service to public safety 
                answering points or other first responder entities.
            ``(6) Office.--The term `Office' means the 9-1-1 
        Implementation Coordination Office.
            ``(7) Public safety answering point.--The term `public 
        safety answering point' has the meaning given the term in 
        section 222 of the Communications Act of 1934 (47 U.S.C. 222).
            ``(8) State.--The term `State' means any State of the 
        United States, the District of Columbia, Puerto Rico, American 
        Samoa, Guam, the United States Virgin Islands, the Northern 
        Mariana Islands, and any other territory or possession of the 
        United States.''.

SEC. 233. REQUIREMENTS FOR MULTI-LINE TELEPHONE SYSTEMS.

    (a) In General.--Not later than 270 days after the date of 
enactment of this Act, the Administrator of General Services, in 
conjunction with the Office, shall issue a report to Congress 
identifying the 9-1-1 capabilities of the multi-line telephone system 
in use by all Federal agencies in all Federal buildings and properties.
    (b) Commission Action.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Commission shall issue a public 
        notice seeking comment on the feasibility of requiring MLTS 
        manufacturers to include within all such systems manufactured 
        or sold after a date certain, to be determined by the 
        Commission, one or more mechanisms to provide a sufficiently 
        precise indication of a 9-1-1 caller's location, while avoiding 
        the imposition of undue burdens on MLTS manufacturers, 
        providers, and operators.
            (2) Specific requirement.--The public notice under 
        paragraph (1) shall seek comment on the National Emergency 
        Number Association's ``Technical Requirements Document On Model 
        Legislation E9-1-1 for Multi-Line Telephone Systems'' (NENA 06-
        750, Version 2).

SEC. 234. GAO STUDY OF STATE AND LOCAL USE OF 9-1-1 SERVICE CHARGES.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Comptroller General of the United States shall 
initiate a study of--
            (1) the imposition of taxes, fees, or other charges imposed 
        by States or political subdivisions of States that are 
        designated or presented as dedicated to improve emergency 
        communications services, including 9-1-1 services or enhanced 
        9-1-1 services, or related to emergency communications services 
        operations or improvements; and
            (2) the use of revenues derived from such taxes, fees, or 
        charges.
    (b) Report.--Not later than 18 months after initiating the study 
required by subsection (a), the Comptroller General shall prepare and 
submit a report on the results of the study to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Energy and Commerce of the House of Representatives setting forth 
the findings, conclusions, and recommendations, if any, of the study, 
including--
            (1) the identity of each State or political subdivision 
        that imposes such taxes, fees, or other charges; and
            (2) the amount of revenues obligated or expended by that 
        State or political subdivision for any purpose other than the 
        purposes for which such taxes, fees, or charges were designated 
        or presented.

SEC. 235. PARITY OF PROTECTION FOR PROVISION OR USE OF NEXT GENERATION 
              9-1-1 SERVICE.

    (a) Immunity.--A provider or user of Next Generation 9-1-1 
services, a public safety answering point, and the officers, directors, 
employees, vendors, agents, and authorizing government entity (if any) 
of such provider, user, or public safety answering point, shall have 
immunity and protection from liability under Federal and State law to 
the extent provided in subsection (b) with respect to--
            (1) the release of subscriber information related to 
        emergency calls or emergency services;
            (2) the use or provision of 9-1-1 services, E9-1-1 
        services, or Next Generation 9-1-1 services; and
            (3) other matters related to 9-1-1 services, E9-1-1 
        services, or Next Generation 9-1-1 services.
    (b) Scope of Immunity and Protection From Liability.--The scope and 
extent of the immunity and protection from liability afforded under 
subsection (a) shall be the same as that provided under section 4 of 
the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 
615a) to wireless carriers, public safety answering points, and users 
of wireless 9-1-1 service (as defined in paragraphs (4), (3), and (6), 
respectively, of section 6 of that Act (47 U.S.C. 615b)) with respect 
to such release, use, and other matters.

SEC. 236. COMMISSION PROCEEDING ON AUTODIALING.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Commission shall initiate a proceeding to create a 
specialized Do-Not-Call registry for public safety answering points.
    (b) Features of the Registry.--The Commission shall issue 
regulations, after providing the public with notice and an opportunity 
to comment, that--
            (1) permit verified public safety answering point 
        administrators or managers to register the telephone numbers of 
        all 9-1-1 trunks and other lines used for the provision of 
        emergency services to the public or for communications between 
        public safety agencies;
            (2) provide a process for verifying, no less frequently 
        than once every 7 years, that registered numbers should 
        continue to appear upon the registry;
            (3) provide a process for granting and tracking access to 
        the registry by the operators of automatic dialing equipment;
            (4) protect the list of registered numbers from disclosure 
        or dissemination by parties granted access to the registry; and
            (5) prohibit the use of automatic dialing or ``robocall'' 
        equipment to establish contact with registered numbers.
    (c) Enforcement.--The Commission shall--
            (1) establish monetary penalties for violations of the 
        protective regulations established pursuant to subsection 
        (b)(4) of not less than $100,000 per incident nor more than 
        $1,000,000 per incident;
            (2) establish monetary penalties for violations of the 
        prohibition on automatically dialing registered numbers 
        established pursuant to subsection (b)(5) of not less than 
        $10,000 per call nor more than $100,000 per call; and
            (3) provide for the imposition of fines under paragraphs 
        (1) or (2) that vary depending upon whether the conduct leading 
        to the violation was negligent, grossly negligent, reckless, or 
        willful, and depending on whether the violation was a first or 
        subsequent offence.

SEC. 237. NHTSA REPORT ON COSTS FOR REQUIREMENTS AND SPECIFICATIONS OF 
              NEXT GENERATION 9-1-1 SERVICES.

    (a) In General.--Using amounts made available from the Public 
Safety Trust Fund under section 401, not later than 1 year after the 
date of enactment of this Act, the Administrator of the National 
Highway Traffic Safety Administration, in consultation with the 
Commission, the Secretary of Homeland Security, and the Office, shall 
prepare and submit to Congress a report that analyzes and determines 
detailed costs for specific Next Generation 9-1-1 service requirements 
and specifications.
    (b) Contents.--The report required under subsection (a) shall 
include the following:
            (1) How costs would be allocated geographically or among 
        public safety answering points, broadband service providers, 
        and third-party providers of Next Generation 9-1-1 services.
            (2) An assessment of the current state of Next Generation 
        9-1-1 service readiness among public safety answering points.
            (3) How differences in public safety answering points' 
        access to broadband across the United States may affect costs.
            (4) A technical analysis and cost study of different 
        delivery platforms, such as wireline, wireless, and satellite.
            (5) An assessment of the architectural characteristics, 
        feasibility, and limitations of Next Generation 9-1-1 service 
        delivery.
            (6) An analysis of the needs for Next Generation 9-1-1 
        service of persons with disabilities.
            (7) Standards and protocols for Next Generation 9-1-1 
        service and for incorporating Voice over Internet Protocol and 
        real-time text standards.

SEC. 238. FCC RECOMMENDATIONS FOR LEGAL AND STATUTORY FRAMEWORK FOR 
              NEXT GENERATION 9-1-1 SERVICES.

    Not later than 1 year after the date of enactment of this Act, the 
Commission, in coordination with the Secretary of Homeland Security, 
the Administrator of the National Highway Traffic Safety 
Administration, and the Office, shall prepare and submit a report to 
Congress that contains recommendations for the legal and statutory 
framework for Next Generation 9-1-1 services, consistent with 
recommendations in the National Broadband Plan developed by the 
Commission pursuant to the American Recovery and Reinvestment Act of 
2009, including the following:
            (1) A legal and regulatory framework for the development of 
        Next Generation 9-1-1 services and the transition from legacy 
        9-1-1 to Next Generation 9-1-1 services.
            (2) Legal mechanisms to ensure efficient and accurate 
        transmission of 9-1-1 caller information to emergency 
        management or response agencies.
            (3) Recommendations for removing jurisdictional barriers 
        and inconsistent legacy regulations, including--
                    (A) proposals that would require States to remove 
                regulatory impediments to Next Generation 9-1-1 
                services development, while recognizing the appropriate 
                role of the States;
                    (B) eliminating outdated 9-1-1 regulations at the 
                Federal level; and
                    (C) preempting inconsistent State regulations.

                 TITLE III--SPECTRUM AUCTION AUTHORITY

SEC. 301. DEADLINES FOR AUCTION OF CERTAIN SPECTRUM.

    (a) In General.--
            (1) Auction.--The Commission shall, through competitive 
        bidding under section 309(j) of the Communications Act of 1934 
        (47 U.S.C. 309(j)), assign licenses for the use of the 
        electromagnetic spectrum described in paragraph (2) in 
        accordance with the timetable set forth in paragraph (3).
            (2) Spectrum described.--The spectrum described in this 
        paragraph is the following:
                    (A) The frequencies from 2155 megahertz to 2180 
                megahertz.
                    (B) The frequencies from 1755 megahertz to 1780 
                megahertz, except that if--
                            (i) the President determines that such 
                        frequencies cannot be reallocated for non-
                        Federal use due to the need to protect 
                        incumbent Federal operations from interference; 
                        and
                            (ii) the President identifies other 
                        spectrum the reallocation for non-Federal use 
                        of which better serves the public interest, 
                        convenience, and necessity and that can 
                        reasonably be expected to produce comparable 
                        auction receipts;
                the spectrum described in this subparagraph shall be 
                the spectrum identified by the President under clause 
                (ii).
                    (C) The frequencies from 1695 megahertz to 1710 
                megahertz, except for the geographic exclusion zones 
                (as such zones may be amended) identified in the report 
                of the NTIA published in October 2010 and entitled ``An 
                Assessment of Near-Term Viability of Accommodating 
                Wireless Broadband Systems in 1675-1710 MHz, 1755-1780 
                MHz, 3500-3650 MHz, and 4200-4220 MHz, 4380-4400 MHz 
                Bands''.
                    (D) Fifteen megahertz of contiguous spectrum 
                identified by the Commission to be paired with the 
                spectrum described in subparagraph (C).
                    (E) The frequencies from 1780 megahertz to 1850 
                megahertz, except that if--
                            (i) the President determines that such 
                        frequencies cannot be reallocated for non-
                        Federal use due to the need to protect 
                        incumbent Federal operations from interference; 
                        and
                            (ii) the President identifies other 
                        spectrum the reallocation for non-Federal use 
                        of which better serves the public interest, 
                        convenience, and necessity and that can 
                        reasonably be expected to produce comparable 
                        auction receipts;
                the spectrum described in this subparagraph shall be 
                the spectrum identified by the President under clause 
                (ii).
            (3) Timetable.--Notwithstanding paragraph (15)(A) of such 
        section 309(j), the Commission shall complete all actions 
        necessary in order to--
                    (A) in the case of licenses for the use of the 
                spectrum described in subparagraphs (A) and (B) of 
                paragraph (2)--
                            (i) commence the bidding process not later 
                        than January 31, 2014; and
                            (ii) deposit the available proceeds in 
                        accordance with paragraph (8) of such section 
                        not later than June 30, 2014;
                    (B) in the case of licenses for the use of the 
                spectrum described in subparagraphs (C) and (D) of 
                paragraph (2)--
                            (i) commence the bidding process not later 
                        than January 31, 2018; and
                            (ii) deposit the available proceeds in 
                        accordance with paragraph (8) of such section 
                        not later than June 30, 2018; and
                    (C) in the case of licenses for the use of the 
                spectrum described in subparagraph (E) of paragraph 
                (2)--
                            (i) commence the bidding process not later 
                        than January 31, 2020; and
                            (ii) deposit the available proceeds in 
                        accordance with paragraph (8) of such section 
                        not later than June 30, 2020.
            (4) Notification to president.--Not later than 6 months 
        before each auction of frequencies under paragraph (1) in which 
        any frequency assigned to a Federal Government station will be 
        auctioned, the Commission shall notify the President of the 
        date when such auction will begin and the frequencies to be 
        auctioned.
            (5) Withdrawal from federal use.--Notwithstanding section 
        1062(b) of the National Defense Authorization Act for Fiscal 
        Year 2000 (Public Law 106-65; 47 U.S.C. 921 note), upon receipt 
        of a notification from the Commission under paragraph (4) with 
        respect to an auction of frequencies, the President shall 
        withdraw the assignment to a Federal Government station of any 
        such frequency.
            (6) Delayed or phased reallocation of certain federal 
        spectrum.--If the President determines that reallocation for 
        non-Federal use of the spectrum described in subparagraph (E) 
        of paragraph (2) must be delayed or conducted in phases to 
        ensure protection from interference of or continuity of 
        incumbent Federal operations, the President may delay the 
        withdrawal under paragraph (5) of the assignment of such 
        spectrum to a Federal Government station until such time as the 
        President considers necessary to ensure such protection, but in 
        no case later than January 31, 2020.
    (b) Auction of Certain Other Spectrum.--
            (1) Auction.--In accordance with the timetable set forth in 
        paragraph (2), the Commission shall assign through competitive 
        bidding under section 309(j) of the Communications Act of 1934 
        (47 U.S.C. 309(j)), or reallocate for unlicensed use, the 
        electromagnetic spectrum between the frequencies from 3550 
        megahertz to 3650 megahertz, except for the geographic 
        exclusion zones (as such zones may be amended) identified in 
        the report of the NTIA published in October 2010 and entitled 
        ``An Assessment of Near-Term Viability of Accommodating 
        Wireless Broadband Systems in 1675-1710 MHz, 1755-1780 MHz, 
        3500-3650 MHz, and 4200-4220 MHz, 4380-4400 MHz Bands''.
            (2) Timetable.--Notwithstanding paragraph (15)(A) of such 
        section, the Commission shall complete all actions necessary in 
        order to--
                    (A) commence the bidding process, or commence 
                reallocation for unlicensed use, not later than 3 years 
                after the date of the enactment of this Act; and
                    (B) deposit the available proceeds in accordance 
                with paragraph (8) of such section not later than 6 
                months thereafter.
            (3) Notification to president.--Not later than 6 months 
        before each auction of frequencies under paragraph (1), or the 
        reallocation for unlicensed use of any frequency described in 
        such paragraph, the Commission shall notify the President of 
        the date when such auction will begin or such reallocation will 
        occur and the frequencies to be auctioned or reallocated.
            (4) Withdrawal from federal use.--Upon receipt of a 
        notification from the Commission under paragraph (3) with 
        respect to an auction or reallocation of frequencies, the 
        President shall withdraw the assignment to a Federal Government 
        station of any such frequency.
    (c) Auction Proceeds.--Section 309(j)(8) of the Communications Act 
of 1934 (47 U.S.C. 309(j)(8)) is amended--
            (1) in subparagraph (A), by striking ``(B), (D), and (E),'' 
        and inserting ``(B), (D), (E), (F), and (G),'';
            (2) in subparagraph (C)--
                    (A) in clause (i), by striking ``subparagraph 
                (E)(ii)'' and inserting ``subparagraphs (D)(ii), 
                (E)(ii), (F), and (G)(iv)''; and
                    (B) in clause (iii)--
                            (i) by striking the period at the end and 
                        inserting a semicolon;
                            (ii) by striking ``shall be'' and inserting 
                        the following:
                                    ``(I) before the date of the 
                                enactment of the Wireless Innovation 
                                and Public Safety Act of 2011, shall 
                                be''; and
                            (iii) by adding at the end the following:
                                    ``(II) during the 10-year period 
                                beginning on the date of the enactment 
                                of the Wireless Innovation and Public 
                                Safety Act of 2011, shall be 
                                transferred to the Public Safety 
                                Broadband Corporation established under 
                                section 201(a)(1) of such Act for use 
                                by the Corporation to carry out its 
                                duties and responsibilities under 
                                titles I and II of such Act; and
                                    ``(III) after such period, shall be 
                                transferred to the general fund of the 
                                Treasury for the sole purpose of 
                                deficit reduction.'';
            (3) in subparagraph (D)--
                    (A) by striking the heading and inserting 
                ``Proceeds from reallocated federal spectrum'';
                    (B) by striking ``Cash'' and inserting the 
                following:
                            ``(i) In general.--Except as provided in 
                        clause (ii), cash''; and
                    (C) by adding at the end the following:
                            ``(ii) Certain other proceeds.--Except as 
                        provided in subparagraph (B), in the case of 
                        proceeds (including deposits and upfront 
                        payments from successful bidders) attributable 
                        to the auction of eligible frequencies 
                        described in paragraph (2) of section 113(g) of 
                        the National Telecommunications and Information 
                        Administration Organization Act that are 
                        required to be auctioned by subsection (a)(1) 
                        or (b)(1) of section 301 of the Wireless 
                        Innovation and Public Safety Act of 2011, such 
                        portion of such proceeds as is necessary to 
                        cover the relocation costs and sharing costs 
                        (as defined in paragraph (3) of such section 
                        113(g)) of Federal entities relocated from or 
                        sharing such eligible frequencies shall be 
                        deposited in the Spectrum Relocation Fund. The 
                        remainder of such proceeds shall be deposited 
                        in the Public Safety Trust Fund established by 
                        section 401(a)(1) of such Act.''; and
            (4) by adding at the end the following new subparagraph:
                    ``(F) Certain proceeds designated for public safety 
                trust fund.--Except as provided in subparagraphs (B) 
                and (D), the proceeds (including deposits and upfront 
                payments from successful bidders) from the use of a 
                system of competitive bidding under this subsection 
                pursuant to subsections (a)(1) and (b)(1) of section 
                301 of the Wireless Innovation and Public Safety Act of 
                2011 shall be deposited in the Public Safety Trust Fund 
                established by section 401(a)(1) of such Act.''.
    (d) Extension of Auction Authority.--Section 309(j)(11) of the 
Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by 
striking ``2012'' and inserting ``2021''.

SEC. 302. INCENTIVE AUCTION AUTHORITY.

    (a) In General.--Section 309(j)(8) of the Communications Act of 
1934, as amended by section 301(c), is further amended by adding at the 
end the following new subparagraph:
                    ``(G) Incentive auction authority.--
                            ``(i) In general.--If the Commission 
                        determines that it is consistent with the 
                        public interest in utilization of the spectrum 
                        for a licensee to voluntarily relinquish some 
                        or all of its licensed rights for the use of 
                        spectrum in order to permit--
                                    ``(I) through competitive bidding 
                                under this subsection, the assignment 
                                of initial licenses subject to new 
                                service rules, on a flexible-use basis 
                                to the extent technologically feasible; 
                                or
                                    ``(II) the allocation of spectrum 
                                for unlicensed use;
                        the Commission may disburse to such licensee, 
                        from the proceeds from competitive bidding for 
                        any spectrum usage rights made available by 
                        reason of relinquishments under this 
                        subparagraph, an amount that the Commission 
                        considers appropriate, based on the value of 
                        the rights relinquished by such licensee.
                            ``(ii) Factors for consideration.--In 
                        considering whether to accept the voluntary 
                        relinquishment of licensed spectrum usage 
                        rights of a licensee and share proceeds with 
                        such licensee under clause (i), the Commission 
                        shall consider the following factors:
                                    ``(I) The conditions under which 
                                such licensee could maintain the 
                                license and whether such licensee is in 
                                compliance with the license terms.
                                    ``(II) The extent to which such 
                                relinquishment would serve the public 
                                interest, convenience, and necessity.
                            ``(iii) Coverage area requirements.--In 
                        assigning licenses under this subparagraph, the 
                        Commission shall make all reasonable efforts to 
                        ensure that there is an adequate opportunity 
                        for applicants to submit bids for licenses 
                        covering both large and small geographic areas, 
                        as such areas are determined by the Commission.
                            ``(iv) Treatment of revenues.--Except as 
                        provided in subparagraph (B), all proceeds 
                        (including deposits and upfront payments from 
                        successful bidders) from the auction of 
                        spectrum usage rights made available by 
                        relinquishments under this subparagraph shall 
                        be deposited in the Public Safety Trust Fund 
                        established by section 401(a)(1) of the 
                        Wireless Innovation and Public Safety Act of 
                        2011.''.
    (b) Special Rules for Television Broadcast Spectrum.--
            (1) General authority to reorganize.--In order to create a 
        geographically contiguous band of spectrum across the United 
        States, the Commission shall--
                    (A) create a framework to make available such 
                portions of the television broadcast spectrum as the 
                Commission considers appropriate; and
                    (B) require television broadcast station licensees 
                and other licensees to relocate, as the Commission 
                considers appropriate.
            (2) Voluntary nature of incentive auctions.--Except as 
        provided in paragraphs (3) and (4), reclamation or modification 
        of spectrum usage rights of a television broadcast station 
        licensee for the purpose of providing spectrum usage rights to 
        carry out an incentive auction under subparagraph (G) of 
        section 309(j)(8) of the Communications Act of 1934, as added 
        by subsection (a), shall be on a voluntary basis.
            (3) Reclamation in exchange for rights to substantially 
        equivalent spectrum.--
                    (A) In general.--The Commission may reclaim the 
                spectrum usage rights of a television broadcast station 
                licensee for the purpose of providing spectrum usage 
                rights to carry out an incentive auction under section 
                309(j)(8)(G) of the Communications Act of 1934 if the 
                Commission assigns to such licensee the rights to use 
                an identical amount of contiguous spectrum, in the same 
                geographic market.
                    (B) Substantial equivalence.--The Commission shall 
                ensure, to the extent technically feasible, in the 
                public interest, and consistent with the goals of the 
                auction, that spectrum usage rights assigned under 
                subparagraph (A) enable a licensee to offer service 
                that is substantially similar in service contour, 
                population covered, and amount of harmful interference 
                to the service offered by such licensee on the spectrum 
                the rights to which are reclaimed by the Commission 
                under such subparagraph.
                    (C) Relocation costs.--The costs incurred by a 
                licensee in relocating to an identical amount of 
                spectrum under subparagraph (A) shall be paid from the 
                Incentive Auction Relocation Fund established by 
                paragraph (6).
            (4) Modification of rights and compensation.--
                    (A) Modification.--If the Commission determines 
                that it is in the public interest to modify the 
                spectrum usage rights of a television broadcast station 
                licensee for the purpose of providing spectrum usage 
                rights to carry out an incentive auction under section 
                309(j)(8)(G) of the Communications Act of 1934, the 
                Commission may make the modification and compensate 
                such licensee for the reduction in spectrum usage 
                rights from the Incentive Auction Relocation Fund 
                established by paragraph (6).
                    (B) Least modification technically feasible.--To 
                the extent technically feasible and in the public 
                interest, in making a modification of the spectrum 
                usage rights of a television broadcast station licensee 
                under subparagraph (A), the Commission shall make 
                reasonable efforts to--
                            (i) preserve the amount of population 
                        covered by the signal of such licensee within 
                        the service area of such licensee; and
                            (ii) avoid any substantial increase in 
                        harmful interference to the signal of such 
                        licensee as a result of the modification.
            (5) Limitations.--
                    (A) Co-location.--In the reorganization of the 
                television broadcast spectrum under this subsection--
                            (i) the Commission may not involuntarily 
                        co-locate multiple television broadcast station 
                        licensees on the same channel; and
                            (ii) each television broadcast station 
                        licensee voluntarily electing to be co-located 
                        shall have the carriage rights under sections 
                        338, 614, and 615 of the Communications Act of 
                        1934 (47 U.S.C. 338; 534; 535) that it would 
                        have had if it had been the sole television 
                        broadcast station licensee located at the 
                        shared location on November 30, 2010.
                    (B) No involuntary relocation from uhf to vhf.--In 
                the reorganization of the television broadcast spectrum 
                under this subsection, the Commission may not 
                involuntarily reassign a licensee from a television 
                channel located between 470 megahertz and 608 megahertz 
                to a television channel located between 54 megahertz 
                and 216 megahertz.
            (6) Establishment of incentive auction relocation fund.--
                    (A) In general.--There is established in the 
                Treasury of the United States a fund to be known as the 
                Incentive Auction Relocation Fund.
                    (B) Deposits.--There shall be deposited in the 
                Incentive Auction Relocation Fund the amounts specified 
                in section 401(b)(2).
                    (C) Availability.--Amounts in the Incentive Auction 
                Relocation Fund shall be available to the Assistant 
                Secretary for use--
                            (i) without fiscal year limitation;
                            (ii) without further appropriation;
                            (iii) in the case of availability for 
                        payment of the costs of a particular television 
                        broadcast station licensee described in 
                        subparagraph (D)(i)(I), for a period not to 
                        exceed 18 months following the latest of--
                                    (I) completion of the auction under 
                                section 309(j) of the Communications 
                                Act of 1934 (47 U.S.C. 309(j)) from 
                                which such amounts were derived;
                                    (II) the issuance by the Commission 
                                to such licensee of a construction 
                                permit to allow such licensee to change 
                                channels or geographic locations; or
                                    (III) notification by such licensee 
                                to the Assistant Secretary that such 
                                licensee has incurred or will incur 
                                costs as a result of such a change;
                            (iv) in the case of availability for 
                        payment of costs of a particular multichannel 
                        video programming distributor described in 
                        subparagraph (D)(i)(II), for a period not to 
                        exceed 18 months following the later of--
                                    (I) completion of the auction under 
                                section 309(j) of the Communications 
                                Act of 1934 (47 U.S.C. 309(j)) from 
                                which such amounts were derived; or
                                    (II) notification by such 
                                multichannel video programming 
                                distributor to the Assistant Secretary 
                                that such multichannel video 
                                programming distributor has incurred or 
                                will incur such costs; and
                            (v) before January 1, 2018.
                    (D) Use of funds.--
                            (i) In general.--Amounts in the Incentive 
                        Auction Relocation Fund may only be used by the 
                        Assistant Secretary, in consultation with the 
                        Commission, to cover--
                                    (I) the costs, including the costs 
                                of new equipment, installation, and 
                                construction (including the costs of 
                                tower, antenna, transmitter, and 
                                transmission line upgrades), incurred 
                                by television broadcast station 
                                licensees as a result of--
                                            (aa) relocation to an 
                                        identical amount of contiguous 
                                        spectrum under paragraph (3); 
                                        or
                                            (bb) modification of 
                                        spectrum usage rights under 
                                        paragraph (4);
                                    (II) the costs of multichannel 
                                video programming distributors (as 
                                defined in section 602(13) of the 
                                Communications Act of 1934 (47 U.S.C. 
                                522(13))) to continue complying with 
                                any carriage obligations under sections 
                                338, 614, and 615 of such Act (47 
                                U.S.C. 338; 534; 535), if such costs 
                                were incurred as a result of--
                                            (aa) voluntary 
                                        relinquishment by television 
                                        broadcast station licensees of 
                                        spectrum usage rights under 
                                        section 309(j)(8)(G) of such 
                                        Act;
                                            (bb) relocation of 
                                        television broadcast station 
                                        licensees to an identical 
                                        amount of contiguous spectrum 
                                        under paragraph (3); or
                                            (cc) modification of the 
                                        spectrum usage rights of 
                                        television broadcast station 
                                        licensees under paragraph (4); 
                                        and
                                    (III) the expenses incurred by the 
                                Assistant Secretary in administering 
                                the Fund.
                            (ii) Prohibition.--Amounts in the Incentive 
                        Auction Relocation Fund may not be used to 
                        cover--
                                    (I) lost revenues; or
                                    (II) costs incurred by a television 
                                broadcast station licensee as a result 
                                of a voluntary relinquishment of 
                                rights.
                            (iii) Reasonableness.--The Assistant 
                        Secretary may only make payments under clause 
                        (i) to cover costs that were reasonably 
                        incurred, as determined by the Assistant 
                        Secretary, in consultation with the Commission.
            (7) Confidentiality.--The Commission shall protect the 
        confidentiality of the identity of a television broadcast 
        station licensee offering to relinquish spectrum usage rights 
        under section 309(j)(8)(G) of the Communications Act of 1934 
        until the relinquishment becomes effective.
            (8) Deadlines for reorganization of television broadcast 
        spectrum.--
                    (A) Rulemaking.--Not later than 18 months after the 
                date of the enactment of this Act, the Commission shall 
                complete a rulemaking proceeding to establish a process 
                for carrying out the reorganization of the television 
                broadcast spectrum under this subsection.
                    (B) Auctions.--The Commission shall take all 
                actions necessary in order to, with respect to the 
                portions of the television broadcast spectrum made 
                available through the reorganization under this 
                subsection--
                            (i) not later than January 31, 2016--
                                    (I) commence the bidding process 
                                under section 309(j)(8)(G) of the 
                                Communications Act of 1934 to assign 
                                initial licenses subject to new service 
                                rules, on a flexible-use basis to the 
                                extent technologically feasible; or
                                    (II) allocate such spectrum for 
                                unlicensed use; and
                            (ii) not later than June 30, 2016, deposit 
                        the available proceeds in accordance with such 
                        section.
            (9) Limitation.--During the period beginning on the date of 
        the enactment of this Act and ending on June 30, 2016, the 
        Commission may conduct only 1 process involving reorganization 
        of the television broadcast spectrum under this subsection.
            (10) Certain provisions inapplicable.--The following 
        provisions of the Communications Act of 1934 shall not apply in 
        the case of the reorganization of television broadcast spectrum 
        under this subsection or the auction under section 309(j)(8)(G) 
        of such Act of the spectrum made available through such 
        reorganization: section 307(b), the 2nd and 3rd sentences and 
        subparagraphs (A) and (F) of section 309(j)(3), subparagraphs 
        (A), (C), and (D) of section 309(j)(4), section 309(j)(15)(A), 
        section 316, and section 331.
            (11) Definitions.--In this subsection:
                    (A) Television broadcast spectrum.--The term 
                ``television broadcast spectrum'' means the portions of 
                the electromagnetic spectrum between the frequencies 
                from 54 megahertz to 72 megahertz, from 76 megahertz to 
                88 megahertz, from 174 megahertz to 216 megahertz, from 
                470 megahertz to 608 megahertz, and from 614 megahertz 
                to 698 megahertz.
                    (B) Television broadcast station licensee.--The 
                term ``television broadcast station licensee'' means 
                the licensee of--
                            (i) a full-power television station; or
                            (ii) low-power television station that has 
                        been accorded primary status as a Class A 
                        television licensee under section 73.6001(a) of 
                        title 47, Code of Federal Regulations.
            (12) Expiration.--The preceding paragraphs of this 
        subsection, except paragraphs (6) and (11), shall not apply 
        after June 30, 2016.
    (c) Incentive Auctions To Repurpose Certain Mobile Satellite 
Service Spectrum for Terrestrial Broadband Use.--
            (1) In general.--To the extent that the Commission makes 
        available, after the date of the enactment of this Act, initial 
        spectrum licenses for the use of some or all of the spectrum 
        described in paragraph (2) for terrestrial broadband use, such 
        licenses shall be assigned through a system of competitive 
        bidding under section 309(j) of the Communications Act of 1934 
        (47 U.S.C. 309(j)), including, as appropriate, paragraph (8)(G) 
        of such section.
            (2) Spectrum described.--The spectrum described in this 
        paragraph is the following:
                    (A) The frequencies from 1525 megahertz to 1544 
                megahertz, from 1545 megahertz to 1559 megahertz, from 
                1626.5 megahertz to 1645.5 megahertz, and from 1646.5 
                megahertz to 1660.5 megahertz (the L band).
                    (B) The frequencies from 1610 megahertz to 1626.5 
                megahertz and from 2483.5 megahertz to 2500 megahertz 
                (the Big LEO band).
                    (C) The frequencies from 2000 megahertz to 2020 
                megahertz and from 2180 megahertz to 2200 megahertz 
                (the S band).
            (3) Retention of commission authority.--Nothing in this 
        subsection shall modify or restrict the authority of the 
        Commission to grant a waiver under section 316 of the 
        Communications Act of 1934 (47 U.S.C. 316) to an existing 
        mobile satellite service licensee to afford such licensee 
        additional flexibility to provide terrestrial broadband 
        services.

                   TITLE IV--PUBLIC SAFETY TRUST FUND

SEC. 401. PUBLIC SAFETY TRUST FUND.

    (a) Establishment of Public Safety Trust Fund.--
            (1) In general.--There is established in the Treasury of 
        the United States a trust fund to be known as the Public Safety 
        Trust Fund.
            (2) Deposit of receipts.--
                    (A) In general.--There shall be deposited in the 
                Public Safety Trust Fund the proceeds from the auction 
                of spectrum required to be deposited in the Fund by 
                subparagraphs (D)(ii), (F), and (G) of section 
                309(j)(8) of the Communications Act of 1934, as added 
                by sections 301(c)(3)(C), 301(c)(4), and 302(a), 
                respectively.
                    (B) Availability.--Amounts deposited in the Public 
                Safety Trust Fund in accordance with subparagraph (A) 
                shall remain available through fiscal year 2021. After 
                the end of such fiscal year, such amounts shall be 
                deposited in the general fund of the Treasury, where 
                such amounts shall be dedicated for the sole purpose of 
                deficit reduction.
    (b) Use of Fund.--Amounts deposited in the Public Safety Trust Fund 
shall be used in the following manner:
            (1) Payment of incentive amounts.--
                    (A) Disbursals.--Amounts in the Public Safety Trust 
                Fund shall be used to make the disbursals permitted by 
                section 309(j)(8)(G)(i) of the Communications Act of 
                1934 to licensees who voluntarily relinquished licensed 
                spectrum usage rights under such section.
                    (B) Notification to congress.--
                            (i) In general.--At least 3 months before 
                        any incentive auction conducted under section 
                        309(j)(8)(G) of the Communications Act of 1934, 
                        the Chairman of the Commission, in consultation 
                        with the Director of the Office of Management 
                        and Budget, shall notify the appropriate 
                        committees of Congress--
                                    (I) of the methodology for 
                                calculating any disbursals described in 
                                subparagraph (A) that will be made from 
                                the proceeds of such auction; and
                                    (II) that such methodology 
                                considers the value of the spectrum 
                                voluntarily relinquished in its current 
                                use and the timeliness with which the 
                                licensee cleared its use of such 
                                spectrum.
                            (ii) Definition.--In this subparagraph, the 
                        term ``appropriate committees of Congress'' 
                        means--
                                    (I) the Committee on Commerce, 
                                Science, and Transportation of the 
                                Senate;
                                    (II) the Committee on 
                                Appropriations of the Senate;
                                    (III) the Committee on Energy and 
                                Commerce of the House of 
                                Representatives; and
                                    (IV) the Committee on 
                                Appropriations of the House of 
                                Representatives.
            (2) Incentive auction relocation fund.--Not less than 5 
        percent but not more than $1,000,000,000 of the amounts in the 
        Public Safety Trust Fund shall be deposited in the Incentive 
        Auction Relocation Fund established by section 302(b)(6)(A).
            (3) State, local, and tribal planning and implementation 
        fund.--$250,000,000 shall be deposited in the State, Local, and 
        Tribal Planning and Implementation Fund established by section 
        211(a).
            (4) Public safety broadband corporation.--$11,000,000,000 
        shall be deposited with the Public Safety Broadband Corporation 
        established under section 201(a) for ensuring the construction, 
        management, maintenance, and operation of the public safety 
        broadband network.
            (5) Public safety research and development.--$40,000,000 
        per year for each of the fiscal years 2012 through 2016 shall 
        be made available for use by the Director of NIST to carry out 
        the research program established under section 221.
            (6) NHTSA report on next generation 9-1-1 services.--
        $2,000,000 shall be made available for fiscal years 2012 and 
        2013 for use by the Administrator of the National Highway 
        Traffic Safety Administration to prepare the report on Next 
        Generation 9-1-1 services required by section 237.
            (7) Deficit reduction.--Any amounts remaining in the Public 
        Safety Trust Fund after the deduction of the amounts required 
        by paragraphs (1) through (6) shall be deposited in the general 
        fund of the Treasury, where such amounts shall be dedicated for 
        the sole purpose of deficit reduction.
    (c) Investment.--Amounts in the Public Safety Trust Fund shall be 
invested in accordance with section 9702 of title 31, United States 
Code, and any interest on, and proceeds from, any such investment shall 
be credited to, and become a part of, the Fund.

                        TITLE V--SPECTRUM POLICY

SEC. 501. SPECTRUM INVENTORY.

    Part B of title I of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 921 et seq.) is 
amended by adding at the end the following:

``SEC. 119. SPECTRUM INVENTORY.

    ``(a) Radio Spectrum Inventory.--In order to promote the efficient 
use of the electromagnetic spectrum, the Assistant Secretary and the 
Commission shall coordinate and carry out each of the following 
activities not later than 1 year after the date of enactment of this 
section:
            ``(1) Except as provided in subsection (e), create an 
        inventory of each radio spectrum band of frequencies listed in 
        the United States Table of Frequency Allocations, from 225 
        megahertz to, at a minimum, 3.7 gigahertz, and to 10 gigahertz 
        unless the Assistant Secretary and the Commission determine 
        that the burden of expanding the inventory outweighs the 
        benefit, that includes--
                    ``(A) the radio services authorized to operate in 
                each band of frequencies;
                    ``(B) the identity of each Federal or non-Federal 
                user within each such radio service authorized to 
                operate in each band of frequencies;
                    ``(C) the activities, capabilities, functions, or 
                missions (including whether such activities, 
                capabilities, functions, or missions are space-based, 
                air-based, or ground-based) supported by the 
                transmitters, end-user terminals or receivers, or other 
                radio frequency devices authorized to operate in each 
                band of frequencies;
                    ``(D) the total amount of spectrum, by band of 
                frequencies, assigned or licensed to each Federal or 
                non-Federal user (in percentage terms and in sum) and 
                the geographic areas covered by their respective 
                assignments or licenses; and
                    ``(E) to the greatest extent possible--
                            ``(i) the approximate number of 
                        transmitters, end-user terminals or receivers, 
                        or other radio frequency devices authorized to 
                        operate, as appropriate to characterize the 
                        extent of use of each radio service in each 
                        band of frequencies;
                            ``(ii) an approximation of the extent to 
                        which each Federal or non-Federal user is 
                        using, by geography, each band of frequencies, 
                        such as the amount and percentage of time of 
                        use, number of end users, or other measures as 
                        appropriate to the particular band and radio 
                        service;
                            ``(iii) contour maps or other information 
                        that illustrates the coverage area, receiver 
                        performance, and other parameters relevant to 
                        an assessment of the availability of spectrum 
                        in each band;
                            ``(iv) for each band or range of 
                        frequencies, the identity of each entity 
                        offering unlicensed services and the types and 
                        approximate number of unlicensed intentional 
                        radiators verified or certified by the 
                        Commission that are authorized to operate; and
                            ``(v) for non-Federal users, any commercial 
                        names under which facilities-based service is 
                        offered to the public using the spectrum of the 
                        non-Federal user, including the commercial 
                        names under which the spectrum is being offered 
                        through resale.
            ``(2) Except as provided in subsection (e), create a 
        centralized portal or Web site to make the inventory of the 
        bands of frequencies required under paragraph (1) available to 
        the public.
    ``(b) Use of Agency Resources.--In creating the inventory described 
in subsection (a)(1), the Assistant Secretary and the Commission shall 
first use agency resources, including existing databases, field 
testing, and recordkeeping systems, and only request information from 
Federal and non-Federal users if such information cannot be obtained 
using such agency resources.
    ``(c) Reports.--
            ``(1) In general.--Except as provided in subsection (e), 
        not later than 2 years after the date of enactment of this 
        section and biennially thereafter, the Assistant Secretary and 
        the Commission shall submit a report to the Committee on 
        Commerce, Science, and Transportation of the Senate and to the 
        Committee on Energy and Commerce of the House of 
        Representatives containing--
                    ``(A) the results of the inventory created under 
                subsection (a)(1), including any update to the 
                information in the inventory pursuant to subsection 
                (d);
                    ``(B) a description of any information the 
                Assistant Secretary or the Commission determines is 
                necessary for such inventory but that is unavailable; 
                and
                    ``(C) a description of any information not provided 
                by any Federal or non-Federal user in accordance with 
                subsections (e)(1)(B)(ii) and (e)(2)(C)(ii).
            ``(2) Relocation report.--
                    ``(A) In general.--Except as provided in subsection 
                (e), the Assistant Secretary and the Commission shall 
                submit a report to the Committee on Commerce, Science, 
                and Transportation of the Senate and the Committee on 
                Energy and Commerce of the House of Representatives 
                containing a recommendation of which spectrum, if any, 
                should be reallocated or otherwise made available for 
                shared access and an explanation of the basis for that 
                recommendation.
                    ``(B) Deadlines.--The report required under 
                subparagraph (A) shall be submitted not later than 2 
                years after the date of enactment of this section and 
                every 2 years thereafter.
            ``(3) Inventory report.--If the Assistant Secretary and the 
        Commission have not conducted an inventory under subsection (a) 
        to 10 gigahertz at least 90 days before the third report 
        required under paragraph (1) is submitted, the Assistant 
        Secretary and the Commission shall include an evaluation in 
        such report and in every report thereafter of whether the 
        burden of expanding the inventory to 10 gigahertz outweighs the 
        benefit until such time as the Assistant Secretary and the 
        Commission have conducted the inventory to 10 gigahertz.
    ``(d) Maintenance and Updating of Information.--After the creation 
of the inventory required by subsection (a)(1), the Assistant Secretary 
and the Commission shall make all reasonable efforts to maintain and 
update the information required under such subsection on a quarterly 
basis, including when there is a transfer or auction of a license or a 
change in a permanent assignment or license.
    ``(e) National Security and Public Safety Information.--
            ``(1) Nondisclosure.--
                    ``(A) In general.--If the head of an executive 
                agency of the Federal Government determines that public 
                disclosure of certain information held by that agency 
                or a licensee of non-Federal spectrum and required by 
                subsection (a), (c), or (d) would reveal classified 
                national security information or other information for 
                which there is a legal basis for nondisclosure and such 
                public disclosure would be detrimental to national 
                security, homeland security, or public safety, the 
                agency head shall notify the Assistant Secretary of 
                that determination and shall include descriptions of 
                the activities, capabilities, functions, or missions 
                (including whether they are space-based, air-based, or 
                ground-based) supported by the information being 
                withheld.
                    ``(B) Information provided.--The agency head shall 
                provide to the Assistant Secretary--
                            ``(i) the publicly releasable information 
                        required by subsection (a)(1);
                            ``(ii) to the maximum extent practicable, a 
                        summary description, suitable for public 
                        release, of the classified national security 
                        information or other information for which 
                        there is a legal basis for nondisclosure; and
                            ``(iii) a classified annex, under 
                        appropriate cover, containing the classified 
                        national security information or other 
                        information for which there is a legal basis 
                        for nondisclosure that the agency head has 
                        determined must be withheld from public 
                        disclosure.
            ``(2) Public safety nondisclosure.--
                    ``(A) In general.--If a licensee of non-Federal 
                spectrum determines that public disclosure of certain 
                information held by that licensee and required to be 
                submitted by subsection (a), (c), or (d) would reveal 
                information for which public disclosure would be 
                detrimental to public safety, or the licensee is 
                otherwise prohibited by law from disclosing the 
                information, the licensee may petition the Commission 
                for a partial or total exemption from inclusion on the 
                centralized portal or Web site under subsection (a)(2) 
                and in the report required by subsection (c).
                    ``(B) Burden.--The licensee seeking an exemption 
                under this paragraph bears the burden of justifying the 
                exemption and shall provide clear and convincing 
                evidence to support such an exemption.
                    ``(C) Information required.--If an exemption is 
                granted under this paragraph, the licensee shall 
                provide to the Commission--
                            ``(i) the publicly releasable information 
                        required by subsection (a)(1) for the 
                        inventory;
                            ``(ii) to the maximum extent practicable, a 
                        summary description, suitable for public 
                        release, of the information for which public 
                        disclosure would be detrimental to public 
                        safety or the licensee is otherwise prohibited 
                        by law from disclosing; and
                            ``(iii) an annex, under appropriate cover, 
                        containing the information that the Commission 
                        has determined should be withheld from public 
                        disclosure.
            ``(3) Additional disclosure.--The annexes required under 
        paragraphs (1)(B)(iii) and (2)(C)(iii) shall be provided to the 
        congressional committees listed in subsection (c), but shall 
        not be disclosed to the public under subsection (a) or 
        subsection (d) or provided to any unauthorized person through 
        any other means.
            ``(4) National security council consultation.--Prior to the 
        release of the inventory under subsection (a), any updates to 
        the inventory resulting from subsection (d), or the submission 
        of a report under subsection (c)(1), the Assistant Secretary 
        and the Commission shall consult with the National Security 
        Council for a period not to exceed 30 days for the purposes of 
        determining what additional information, if any, shall be 
        withheld from the public.
    ``(f) Proprietary Information.--In creating and maintaining the 
inventory, centralized portal or Web site, and reports under this 
section, the Assistant Secretary and the Commission shall follow their 
rules and practice regarding confidential and proprietary information. 
Nothing in this subsection shall be construed to compel the Commission 
to make publicly available any confidential or proprietary 
information.''.

SEC. 502. FEDERAL SPECTRUM PLANNING.

    (a) Review of Evaluation Process.--Not later than 6 months after 
the date of enactment of this Act, the Comptroller General of the 
United States shall--
            (1) conduct a review of the processes that Federal entities 
        utilize to evaluate the spectrum needs of such entities;
            (2) make recommendations on how to improve such processes; 
        and
            (3) submit to the appropriate committees of Congress a 
        report on the review and recommendations made pursuant to 
        paragraphs (1) and (2).
    (b) Revision of Evaluation Process.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, each Federal entity shall update or 
        revise the process used by such entity to evaluate the proposed 
        spectrum needs of such entity, or establish such a process, 
        taking into account any applicable recommendations made in the 
        report required by subsection (a).
            (2) Required inclusions.--
                    (A) Analysis of options.--Each process described in 
                paragraph (1), whether newly established, updated, or 
                revised, shall include an analysis and assessment of--
                            (i) the options available to the Federal 
                        entity to obtain communications services that 
                        are the most spectrum-efficient; and
                            (ii) the effective alternatives available 
                        to such entity that will permit the entity to 
                        continue to satisfy the mission requirements of 
                        the entity.
                    (B) Analysis submitted to ntia.--The analysis and 
                assessment carried out under subparagraph (A) shall be 
                submitted by the Federal entity to the Assistant 
                Secretary at the same time that the entity seeks 
                certification or recertification, if applicable, of 
                spectrum support from the NTIA pursuant to the 
                requirements of the National Telecommunications and 
                Information Administration Organization Act (47 U.S.C. 
                901 et seq.) and OMB Circular A-11.
    (c) Spectrum Plans of Federal Entities.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, and every 2 years thereafter, each 
        Federal entity shall provide an entity-specific strategic 
        spectrum plan to the Assistant Secretary and the Director of 
        the Office of Management and Budget.
            (2) Required inclusions.--Each strategic spectrum plan 
        submitted under paragraph (1) shall include--
                    (A) the spectrum requirements of the entity;
                    (B) the planned uses of new technologies or 
                expanded services requiring spectrum over a period of 
                time to be determined by the entity;
                    (C) suggested spectrum-efficient approaches to 
                meeting the spectrum requirements identified under 
                subparagraph (A); and
                    (D) progress reports on the activities of the 
                entity to improve its spectrum management.
    (d) Classified National Security Information and Certain Other 
Information.--
            (1) In general.--The head of a Federal entity shall take 
        the actions described in paragraph (2) if such head determines 
        that disclosure of information required by subsection (c) would 
        reveal--
                    (A) information that is classified in accordance 
                with Executive Order 13526 (75 Fed. Reg. 707) or any 
                successor Executive order establishing or modifying the 
                uniform system for classifying, safeguarding, and 
                declassifying national security information; or
                    (B) other information for which there is a legal 
                basis for nondisclosure and the public disclosure of 
                which would be detrimental to national security, 
                homeland security, or public safety.
            (2) Actions described.--The actions described in this 
        paragraph are the following:
                    (A) Notification to the Assistant Secretary of the 
                determination under paragraph (1).
                    (B) Provision to the Assistant Secretary of--
                            (i) the publicly releasable information 
                        required by subsection (c);
                            (ii) to the maximum extent practicable, a 
                        summary description, suitable for public 
                        release, of the classified information or other 
                        information for which there is a legal basis 
                        for nondisclosure; and
                            (iii) a classified annex, under appropriate 
                        cover, containing the classified information or 
                        other information for which there is a legal 
                        basis for nondisclosure that the head of the 
                        Federal entity has determined must be withheld 
                        from public disclosure.
            (3) Annex restriction.--The Assistant Secretary shall make 
        an annex described in paragraph (2)(B)(iii) available to the 
        Secretary of Commerce and the Director of the Office of 
        Management and Budget. Neither the Assistant Secretary, the 
        Secretary of Commerce, nor the Director of the Office of 
        Management and Budget may make any such annex available to the 
        public or to any unauthorized person through any other means.
    (e) Federal Strategic Spectrum Plan.--
            (1) Development and submission.--
                    (A) In general.--The Secretary of Commerce shall 
                develop a Federal Strategic Spectrum Plan, in 
                coordination with the Assistant Secretary and the 
                Director of the Office of Management and Budget.
                    (B) Submission to congress.--Not later than 6 
                months after the date by which the initial entity-
                specific strategic spectrum plans are required to be 
                submitted to the Assistant Secretary under subsection 
                (c)(1), the Secretary of Commerce shall, consistent 
                with the requirements set forth in subsection (d)(3), 
                submit the Federal Strategic Spectrum Plan developed 
                under subparagraph (A) to the appropriate committees of 
                Congress.
                    (C) Nondisclosure of annexes.--The Federal 
                Strategic Spectrum Plan required to be submitted under 
                subparagraph (B) shall be submitted in unclassified 
                form, but shall include, if appropriate, 1 or more 
                annexes as provided for by subsection (d)(2)(B)(iii). 
                No congressional committee may make any such annex 
                available to the public or to any unauthorized person.
                    (D) Classified annexes.--If the Federal Strategic 
                Spectrum Plan includes a classified annex as provided 
                for by subsection (d)(2)(B)(iii), the Secretary of 
                Commerce shall--
                            (i) submit the classified annex only to the 
                        appropriate committees of Congress with primary 
                        oversight jurisdiction for the user entities or 
                        licensees concerned; and
                            (ii) provide notice of the submission to 
                        the other appropriate committees of Congress.
                    (E) Definition.--In this subsection, the term 
                ``appropriate committees of Congress'' means the 
                Committee on Commerce, Science, and Transportation of 
                the Senate, the Committee on Energy and Commerce of the 
                House of Representatives, and any other congressional 
                committee with primary oversight jurisdiction for the 
                user entity or licensees concerned.
            (2) Incorporation of entity plans.--The Federal Strategic 
        Spectrum Plan developed under paragraph (1)(A) shall 
        incorporate, consistent with the requirements of subsection 
        (d)(3), the initial entity-specific strategic spectrum plans 
        submitted under subsection (c)(1).
            (3) Required inclusions.--The Federal Strategic Spectrum 
        Plan developed under paragraph (1)(A) shall include--
                    (A) information on how spectrum assigned to and 
                used by Federal entities is being used;
                    (B) opportunities to increase efficient use of 
                infrastructure and spectrum assigned to and used by 
                Federal entities;
                    (C) an assessment of the future spectrum needs of 
                the Federal Government; and
                    (D) plans to incorporate such needs in the 
                frequency assignment, equipment certification, and 
                review processes of the Assistant Secretary.
            (4) Updates.--The Secretary of Commerce shall revise and 
        update the Federal Strategic Spectrum Plan developed under 
        paragraph (1)(A) to take into account the biennial submission 
        of the entity-specific strategic spectrum plans submitted under 
        subsection (c)(1).
    (f) National Strategic Spectrum Plan.--
            (1) In general.--Not later than 4 years after the date of 
        enactment of this Act, and every 4 years thereafter, the 
        Assistant Secretary and the Commission, in consultation with 
        other Federal departments and agencies, State, local, and 
        tribal entities, and commercial spectrum interests, shall 
        develop a quadrennial National Strategic Spectrum Plan.
            (2) Required inclusion.--A National Strategic Spectrum Plan 
        developed under paragraph (1) shall include the following:
                    (A) The Federal Strategic Spectrum Plan developed 
                under paragraph (1)(A) of subsection (e), as updated 
                under paragraph (4) of such subsection.
                    (B) Long-range spectrum planning for both Federal 
                and non-Federal users, including commercial users and 
                State and local government users.
                    (C) An identification of new technologies or 
                expanded services requiring spectrum.
                    (D) An identification and analysis of the nature 
                and characteristics of the new radio communication 
                systems required and the nature and characteristics of 
                the spectrum required.
                    (E) An identification and analysis of efficient 
                approaches to meeting the future spectrum requirements 
                of all users, including--
                            (i) requiring certain standards-based 
                        technologies that improve spectrum 
                        efficiencies;
                            (ii) spectrum sharing and reuse 
                        opportunities;
                            (iii) possible reallocation; and
                            (iv) any other approaches that promote 
                        efficient use of spectrum.
                    (F) An evaluation of current spectrum auction 
                processes to determine the effectiveness of such 
                processes in--
                            (i) promoting competition;
                            (ii) improving the efficiency of spectrum 
                        use; and
                            (iii) maximizing the full economic value of 
                        the spectrum to consumers, industry, and 
                        taxpayers.

SEC. 503. REALLOCATING FEDERAL SPECTRUM FOR COMMERCIAL PURPOSES AND 
              FEDERAL SPECTRUM SHARING.

    (a) Eligible Federal Entities.--Section 113(g)(1) of the National 
Telecommunications and Information Administration Organization Act (47 
U.S.C. 923(g)(1)) is amended to read as follows:
            ``(1) Eligible federal entities.--Any Federal entity that 
        operates a Federal Government station authorized to use a band 
        of frequencies specified in paragraph (2) and that incurs 
        relocation costs or sharing costs because of planning for a 
        potential auction of spectrum frequencies, a planned auction of 
        spectrum frequencies, or the reallocation of spectrum 
        frequencies from Federal use to exclusive non-Federal use or to 
        shared use shall receive payment for such relocation costs or 
        sharing costs from the Spectrum Relocation Fund, in accordance 
        with section 118. For purposes of this paragraph, Federal power 
        agencies exempted under subsection (c)(4) that choose to 
        relocate from the frequencies identified for reallocation 
        pursuant to subsection (a) are eligible to receive payment 
        under this paragraph.''.
    (b) Eligible Frequencies.--Section 113(g)(2)(B) of the National 
Telecommunications and Information Administration Organization Act (47 
U.S.C. 923(g)(2)(B)) is amended to read as follows:
                    ``(B) any other band of frequencies reallocated 
                from Federal use to non-Federal or shared use, whether 
                for licensed or unlicensed use, after January 1, 2003, 
                that is assigned--
                            ``(i) by competitive bidding pursuant to 
                        section 309(j) of the Communications Act of 
                        1934 (47 U.S.C. 309(j)); or
                            ``(ii) as a result of an Act of Congress or 
                        any other administrative or executive 
                        direction.''.
    (c) Relocation Costs and Sharing Costs Defined.--Section 113(g)(3) 
of the National Telecommunications and Information Administration 
Organization Act (47 U.S.C. 923(g)(3)) is amended to read as follows:
            ``(3) Relocation costs and sharing costs defined.--
                    ``(A) In general.--For purposes of this subsection, 
                the term `relocation costs' or `sharing costs' means 
                the costs incurred by a Federal entity in connection 
                with the auction (or a potential or planned auction) of 
                spectrum frequencies previously assigned to such 
                entity, or the sharing of spectrum frequencies assigned 
                to such entity (including the auction or a potential or 
                planned auction of the rights to use spectrum 
                frequencies on a shared basis with such entity), 
                respectively, in order to achieve comparable capability 
                of systems as before the relocation or the sharing 
                arrangement. Such term includes, with respect to 
                relocation or sharing, as the case may be--
                            ``(i) the costs of any modification or 
                        replacement of equipment, spares, associated 
                        ancillary equipment, software, facilities, 
                        operating manuals, training costs, or 
                        regulations that are attributable to relocation 
                        or sharing;
                            ``(ii) the costs of all engineering, 
                        equipment, software, site acquisition, and 
                        construction, as well as any legitimate and 
                        prudent transaction expense, including term-
                        limited Federal civil servant and contractor 
                        staff necessary to carry out the relocation or 
                        sharing activities of an eligible Federal 
                        entity, and reasonable additional costs 
                        incurred by the Federal entity that are 
                        attributable to relocation or sharing, 
                        including increased recurring costs associated 
                        with the replacement of facilities;
                            ``(iii) the costs of research, engineering 
                        studies, economic analyses, or other expenses 
                        reasonably incurred in connection with--
                                    ``(I) calculating the estimated 
                                relocation costs or sharing costs that 
                                are provided to the Commission pursuant 
                                to paragraph (4);
                                    ``(II) determining the technical or 
                                operational feasibility of relocation 
                                to 1 or more potential relocation 
                                bands; or
                                    ``(III) planning for or managing a 
                                relocation or sharing project 
                                (including spectrum coordination with 
                                auction winners) or potential 
                                relocation or sharing project;
                            ``(iv) the one-time costs of any 
                        modification of equipment reasonably 
                        necessary--
                                    ``(I) to accommodate commercial use 
                                of shared frequencies; or
                                    ``(II) in the case of eligible 
                                frequencies reallocated for exclusive 
                                commercial use and assigned through a 
                                competitive bidding process under 
                                section 309(j) of the Communications 
                                Act of 1934 (47 U.S.C. 309(j)) but with 
                                respect to which a Federal entity 
                                retains primary allocation or protected 
                                status for a period of time after the 
                                completion of the competitive bidding 
                                process, to accommodate shared Federal 
                                and non-Federal use of such frequencies 
                                for such period;
                            ``(v) the costs associated with the 
                        accelerated replacement of systems and 
                        equipment if such acceleration is necessary to 
                        ensure the timely relocation of systems to a 
                        new frequency assignment or the timely 
                        accommodation of sharing of Federal 
                        frequencies; and
                            ``(vi) the costs of the use of commercial 
                        systems (including systems not utilizing 
                        spectrum) to replace Federal systems 
                        discontinued or relocated pursuant to this Act, 
                        including lease (including lease of land), 
                        subscription, and equipment costs over an 
                        appropriate period, such as the anticipated 
                        life of an equivalent Federal system or other 
                        period determined by the Director of the Office 
                        of Management and Budget.
                    ``(B) Comparable capability of systems.--For 
                purposes of subparagraph (A), comparable capability of 
                systems--
                            ``(i) may be achieved by relocating a 
                        Federal Government station to a new frequency 
                        assignment, by relocating a Federal Government 
                        station to a different geographic location, by 
                        modifying Federal Government equipment to 
                        mitigate interference or use less spectrum, in 
                        terms of bandwidth, geography, or time, and 
                        thereby permitting spectrum sharing (including 
                        sharing among relocated Federal entities and 
                        incumbents to make spectrum available for non-
                        Federal use) or relocation, or by utilizing an 
                        alternative technology; and
                            ``(ii) includes the acquisition of state-
                        of-the-art replacement systems intended to meet 
                        comparable operational scope, which may include 
                        incidental increases in functionality.''.
    (d) Certain Procedural Requirements.--Section 113(g) of the 
National Telecommunications and Information Administration Organization 
Act (47 U.S.C. 923(g)) is amended--
            (1) in paragraph (4)(A)--
                    (A) by inserting ``or sharing costs'' after 
                ``relocation costs''; and
                    (B) by inserting ``or sharing'' after ``such 
                relocation'';
            (2) in paragraph (5)--
                    (A) by inserting ``or sharing costs'' after 
                ``relocation costs''; and
                    (B) by inserting ``or sharing'' after ``for 
                relocation''; and
            (3) in paragraph (6)--
                    (A) in the 1st sentence, by inserting ``and the 
                timely implementation of arrangements for the sharing 
                of such frequencies'' before the period at the end;
                    (B) in the 2nd sentence--
                            (i) by striking ``by relocating to a new 
                        frequency assignment or by utilizing an 
                        alternative technology'';
                            (ii) by inserting ``or limit'' after 
                        ``terminate''; and
                            (iii) by inserting ``or sharing arrangement 
                        has been implemented'' before the period at the 
                        end; and
                    (C) in the 3rd sentence, by inserting ``or 
                sharing'' after ``relocation''.
    (e) Spectrum Sharing Agreements.--Section 113(g) of the National 
Telecommunications and Information Administration Organization Act, as 
amended by subsection (d), is further amended by adding at the end the 
following:
            ``(7) Spectrum sharing agreements.--A Federal entity is 
        permitted to allow access to its frequency assignments by a 
        non-Federal entity upon approval of the NTIA, in consultation 
        with the Director of the Office of Management and Budget. Such 
        non-Federal entities shall comply with all applicable rules of 
        the Commission and the NTIA, including any regulations 
        promulgated pursuant to this section. Any remuneration 
        associated with such access shall be deposited into the 
        Spectrum Relocation Fund established under section 118. The 
        costs incurred by a Federal entity as a result of allowing such 
        access are sharing costs for which the entity is eligible for 
        payment from the Fund for the purposes specified in paragraph 
        (3). The revenue associated with such access shall be at least 
        110 percent of the estimated Federal costs.''.
    (f) Spectrum Relocation Fund.--Section 118 of the National 
Telecommunications and Information Administration Organization Act (47 
U.S.C. 928) is amended--
            (1) in subsection (b), by inserting before the period at 
        the end the following: ``and any payments made by non-Federal 
        entities for access to Federal spectrum pursuant to section 
        113(g)(7)'';
            (2) by amending subsection (c) to read as follows:
    ``(c) Use of Funds.--
            ``(1) Funds from auctions.--The amounts in the Fund from 
        auctions of eligible frequencies are authorized to be used to 
        pay relocation costs or sharing costs, as defined in section 
        113(g)(3), of an eligible Federal entity incurring such costs 
        with respect to relocation from any eligible frequency or the 
        sharing of such frequency.
            ``(2) Funds from payments by non-federal entities.--The 
        amounts in the Fund from payments by non-Federal entities for 
        access to Federal spectrum pursuant to section 113(g)(7) are 
        authorized to be used to pay the sharing costs, as defined in 
        section 113(g)(3), of an eligible Federal entity incurring such 
        costs with respect to such access.
            ``(3) Transfer of funds.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Director of OMB may transfer at any time (including 
                prior to any auction or contemplated auction or sharing 
                initiative) such sums as may be available in the Fund 
                to an eligible Federal entity to pay eligible 
                relocation costs 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 the notification 
                provided under subsection (d)(2)(B) 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 equal to 
                        or greater than the time value of the amount of 
                        funds transferred; and
                            ``(ii) the auction is intended to occur not 
                        later than 5 years after transfer of funds.
                    ``(C) Applicability.--
                            ``(i) Prior costs incurred.--The Director 
                        of OMB may transfer up to $10,000,000 from the 
                        Fund to eligible Federal entities for eligible 
                        relocation costs or sharing costs related to 
                        pre-auction estimates or research, as such 
                        costs are described in section 
                        113(g)(3)(A)(iii), for costs incurred prior to 
                        the date of the enactment of the Wireless 
                        Innovation and Public Safety Act of 2011, but 
                        after June 28, 2010.
                            ``(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 after the date of 
                        the enactment of the Wireless Innovation and 
                        Public Safety Act of 2011.'';
            (3) in subsection (d)--
                    (A) in paragraph (1), by inserting ``and sharing 
                costs'' after ``relocation costs'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by inserting ``or 
                        sharing'' before the semicolon; and
                            (ii) in subparagraph (B)--
                                    (I) by inserting ``or sharing 
                                costs'' after ``relocation costs''; and
                                    (II) by inserting ``or sharing'' 
                                before the period at the end; and
                    (C) by amending paragraph (3) to read as follows:
            ``(3) Reversion of unused funds.--
                    ``(A) In general.--Any amounts in the Fund that are 
                remaining after the payment of the relocation costs and 
                sharing costs that are payable from the Fund shall 
                revert to and be deposited in the general fund of the 
                Treasury 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 appropriate committees of Congress that 
                such funds are needed to complete or to implement 
                current or future relocations or sharing initiatives.
                    ``(B) Definition.--In this paragraph, the term 
                `appropriate committees of Congress' means--
                            ``(i) the Committee on Appropriations of 
                        the Senate;
                            ``(ii) the Committee on Commerce, Science, 
                        and Transportation of the Senate;
                            ``(iii) the Committee on Appropriations of 
                        the House of Representatives; and
                            ``(iv) the Committee on Energy and Commerce 
                        of the House of Representatives.'';
            (4) in subsection (e)(2)--
                    (A) by inserting ``or sharing costs'' after 
                ``relocation costs'';
                    (B) by striking ``entity's relocation'' and 
                inserting ``relocation of the entity or implementation 
                of the sharing arrangement by the entity''; and
                    (C) by inserting ``or the implementation of such 
                arrangement'' after ``such relocation''; and
            (5) by adding at the end the following:
    ``(f) Additional Payments From the Fund.--
            ``(1) Amounts available.--Notwithstanding subsections (c) 
        through (e), after the date of the enactment of the Wireless 
        Innovation and Public Safety Act of 2011, and following the 
        credit of any amounts specified in subsection (b), there are 
        hereby appropriated from the Fund and available to the Director 
        of OMB--
                    ``(A) up to 10 percent of the amounts deposited in 
                the Fund from the auction of licenses for frequencies 
                of spectrum vacated by Federal entities; and
                    ``(B) up to 10 percent of the amounts deposited in 
                the Fund by non-Federal entities for sharing of Federal 
                spectrum.
            ``(2) Use of amounts.--The Director of OMB, in consultation 
        with the NTIA, may use such amounts to make payments to 
        eligible Federal entities for the purpose of encouraging timely 
        access to such spectrum, provided that--
                    ``(A) any such payment by the Director of OMB is 
                based on the market value of the spectrum, the 
                timeliness with which the Federal entity cleared its 
                use of such spectrum, and the need for such spectrum in 
                order for the Federal entity to conduct its essential 
                missions;
                    ``(B) any such payment by the Director of OMB is 
                used to carry out--
                            ``(i) the purposes specified in clauses (i) 
                        through (vi) of section 113(g)(3)(A) to achieve 
                        enhanced capability for those systems affected 
                        by reallocation of Federal spectrum for 
                        commercial use, or by sharing of Federal 
                        frequencies with non-Federal entities; and
                            ``(ii) other communications, radar, and 
                        spectrum-using investments not directly 
                        affected by such reallocation or sharing but 
                        essential for the missions of the Federal 
                        entity that is relocating its systems or 
                        sharing frequencies;
                    ``(C) the amount remaining in the Fund after any 
                such payment by the Director of OMB is not less than 10 
                percent of the winning bids in the relevant auction, or 
                is not less than 10 percent of the payments from non-
                Federal entities in the relevant sharing agreement;
                    ``(D) any such payment by the Director of OMB shall 
                not be made until 30 days after the Director has 
                notified the Committees on Appropriations and Commerce, 
                Science, and Transportation of the Senate, and the 
                Committees on Appropriations and Energy and Commerce of 
                the House of Representatives; and
                    ``(E) the Director of OMB shall make available from 
                such amounts not more than $3,000,000 per year for each 
                of the fiscal years 2012 through 2016 for use by the 
                Assistant Secretary in carrying out the spectrum 
                management activities of the Assistant Secretary under 
                title V of the Wireless Innovation and Public Safety 
                Act of 2011.''.
    (g) Public Disclosure and Nondisclosure.--If the head of an 
executive agency of the Federal Government determines that public 
disclosure of any information contained in a notification or report 
required by section 113 or 118 of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 923; 928) would 
reveal classified national security information or other information 
for which there is a legal basis for nondisclosure and such public 
disclosure would be detrimental to national security, homeland 
security, public safety, or jeopardize law enforcement investigations, 
the head of the executive agency shall notify the Assistant Secretary 
of that determination prior to release of such classified information 
or other information. In that event, such classified information or 
other information shall be included in a separate annex, as needed. 
These annexes shall be provided to the subcommittee of primary 
jurisdiction of the congressional committee of primary jurisdiction in 
accordance with appropriate national security stipulations but shall 
not be disclosed to the public or provided to any unauthorized person 
through any other means.

SEC. 504. STUDY ON SPECTRUM EFFICIENCY THROUGH RECEIVER STANDARDS.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on efforts to ensure that each transmission system that 
employs radio spectrum is designed and operated so that reasonable use 
of adjacent spectrum does not excessively impair the functioning of 
such system.
    (b) Required Considerations.--At a minimum, the study required by 
subsection (a) shall consider--
            (1) the value of--
                    (A) improving receiver standards as it relates to 
                increasing spectral efficiency;
                    (B) improving operation of services in adjacent 
                frequencies;
                    (C) narrowing the guard bands between adjacent 
                spectrum use; and
                    (D) improving overall receiver performance for the 
                end user;
            (2) the role of manufacturers, commercial licensees, and 
        government users with respect to their transmission systems and 
        use of adjacent spectrum described in subsection (a);
            (3) the feasibility of industry self-compliance with 
        respect to the design and operational requirements of 
        transmission systems and the reasonable use of adjacent 
        spectrum described in subsection (a); and
            (4) the value of action by the Commission and the Assistant 
        Secretary to establish, by rule, technical requirements or 
        standards for non-Federal and Federal use, respectively, with 
        respect to the reasonable use of adjacent spectrum described in 
        subsection (a).
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit a 
report to the appropriate committees of Congress on the results of the 
study required by subsection (a).
    (d) Definition.--For purposes of this section, the term 
``transmission system'' means any telecommunications, broadcast, 
satellite, commercial mobile service, or other communications system 
that employs radio spectrum.

SEC. 505. STUDY ON UNLICENSED USE IN THE 5 GHZ BAND.

    (a) In General.--The Assistant Secretary and the Commission shall, 
in consultation with the Secretary of Transportation and other 
stakeholders, conduct a study evaluating known and proposed spectrum-
sharing technologies and the risk to Federal and primary users if 
unlicensed U-NII devices were allowed to operate in the 5350-5470 MHz 
band and the 5850-5925 MHz band.
    (b) Submission.--Not later than 8 months after the date of the 
enactment of this Act, the Assistant Secretary and the Commission, 
acting jointly or separately, shall report on their findings under 
subsection (a) to the appropriate committees of Congress.
    (c) Definitions.--In this section:
            (1) 5350-5470 mhz band.--The term ``5350-5470 MHz band'' 
        means the portion of the electromagnetic spectrum between the 
        frequencies from 5350 megahertz to 5470 megahertz.
            (2) 5850-5925 mhz band.--The term ``5850-5925 MHz band'' 
        means the portion of the electromagnetic spectrum between the 
        frequencies from 5850 megahertz to 5925 megahertz.
            (3) U-NII devices.--The term ``U-NII devices'' has the 
        meaning given such term in section 15.403(s) of title 47, Code 
        of Federal Regulations, except for the frequency bands 
        specified in such section.

SEC. 506. REPORT ON AVAILABILITY OF WIRELESS EQUIPMENT FOR THE 700 MHZ 
              BAND.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, and every 6 months thereafter until January 1, 
2016, the Commission shall prepare and submit to the appropriate 
committees of Congress a report on--
            (1) the availability of wireless equipment capable of 
        operating over all spectrum between the frequencies from 698 
        megahertz to 806 megahertz that is allocated by the Commission 
        for paired commercial or public safety use; and
            (2) the potential availability of wireless equipment 
        capable of operating over spectrum made available through 
        reorganization of the television broadcast spectrum under 
        section 302(b) and the auction of such spectrum under 
        subparagraph (G) of section 309(j)(8) of the Communications Act 
        of 1934, as added by section 302(a).
    (b) Contents.--The Commission shall seek input from the commercial 
mobile data service industry and include in the report required by 
subsection (a) an assessment of--
            (1) the technical feasibility, and the potential impact on 
        costs, size, battery consumption, and any other factor the 
        Commission considers appropriate, of making equipment capable 
        of operating over some or all of the spectrum described in 
        paragraph (1) of such subsection;
            (2) the timeframe for when wireless equipment capable of 
        operating over some or all of such spectrum will be available; 
        and
            (3) the feasibility of and progress towards making 
        available wireless equipment that is capable of operating over 
        some or all of the spectrum described in paragraph (2) of such 
        subsection.
                                 <all>
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