I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Wireless Innovation and Public Safety Act of 2011’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 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. 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) 700 MHZ D BLOCK SPECTRUM.—The term 

4 ‘‘700 MHz D block spectrum’’ means the portion of 

5 the electromagnetic spectrum between the fre6 quencies from 758 megahertz to 763 megahertz and 

7 between the frequencies from 788 megahertz to 793 

8 megahertz. 

9 (2) APPROPRIATE COMMITTEES OF CON10 GRESS.—Except as otherwise specifically provided, 

11 the term ‘‘appropriate committees of Congress’’ 

12 means— 


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1 (A) the Committee on Commerce, Science, 

2 and Transportation of the Senate; and 

3 (B) the Committee on Energy and Com4 merce of the House of Representatives. 

5 (3) ASSISTANT SECRETARY.—The term ‘‘Assist6 ant Secretary’’ means the Assistant Secretary of 

7 Commerce for Communications and Information. 

8 (4) COMMERCIAL MOBILE DATA SERVICE.—The 

9 term ‘‘commercial mobile data service’’ means any 

10 mobile service (as defined in section 3 of the Com11 munications Act of 1934 (47 U.S.C. 153)) that is— 

12 (A) a data service, which may include mo13 bile broadband Internet access service and 

14 Internet Protocol-based applications; 

15 (B) provided for profit; and 

16 (C) available to the public or to such class17 es of eligible users as to be effectively available 

18 to the public. 

19 (5) COMMERCIAL MOBILE SERVICE.—The term 

20 ‘‘commercial mobile service’’ has the meaning given 

21 such term in section 332(d)(1) of the Communica22 tions Act of 1934 (47 U.S.C. 332(d)(1)). 

23 (6) COMMERCIAL STANDARDS.—The term 

24 ‘‘commercial standards’’ means the technical stand25 ards followed by the commercial mobile service and 


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1 commercial mobile data service industries for net2 work, device, and Internet Protocol connectivity. 

3 Such term includes standards developed by the 

4 Third Generation Partnership Project (3GPP), the 

5 Institute of Electrical and Electronics Engineers 

6 (IEEE), the Alliance for Telecommunications Indus7 try Solutions (ATIS), and the Internet Engineering 

8 Task Force (IETF). 

9 (7) COMMISSION.—The term ‘‘Commission’’ 

10 means the Federal Communications Commission. 

11 (8) CORE NETWORK.—The term ‘‘core net12 work’’ means the core network described in section 

13 202(b)(1). 

14 (9) FEDERAL ENTITY.—The term ‘‘Federal en15 tity’’ has the meaning given such term in section 

16 113(i) of the National Telecommunications and In17 formation Administration Organization Act (47 

18 U.S.C. 923(i)). 

19 (10) GOVERNOR.—The term ‘‘Governor’’ means 

20 the Governor or other chief executive officer of a 

21 State. 

22 (11) GUARD BAND SPECTRUM.—The term 

23 ‘‘guard band spectrum’’ means the portion of the 

24 electromagnetic spectrum between the frequencies 

25 from 768 megahertz to 769 megahertz and between 


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1 the frequencies from 798 megahertz to 799 mega2 hertz. 

3 (12) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

4 has the meaning given such term in section 4 of the 

5 Indian Self-Determination and Education Assistance 

6 Act (25 U.S.C. 450b). 

7 (13) NARROWBAND SPECTRUM.—The term 

8 ‘‘narrowband spectrum’’ means the portion of the 

9 electromagnetic spectrum between the frequencies 

10 from 769 megahertz to 775 megahertz and between 

11 the frequencies from 799 megahertz to 805 mega12 hertz. 

13 (14) NIST.—The term ‘‘NIST’’ means the Na14 tional Institute of Standards and Technology. 

15 (15) NTIA.—The term ‘‘NTIA’’ means the Na16 tional Telecommunications and Information Admin17 istration. 

18 (16) PROGRAM MANAGEMENT OFFICE.—The 

19 term ‘‘Program Management Office’’ means the of20 fice established under section 203(a). 

21 (17) PUBLIC SAFETY ANSWERING POINT.—The 

22 term ‘‘public safety answering point’’ has the mean23 ing given such term in section 222 of the Commu24 nications Act of 1934 (47 U.S.C. 222). 


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1 (18) PUBLIC SAFETY BROADBAND NETWORK.— 

2 The term ‘‘public safety broadband network’’ means 

3 the network described in section 202. 

4 (19) PUBLIC SAFETY BROADBAND CORPORA5 TION.—The term ‘‘Public Safety Broadband Cor6 poration’’ or ‘‘Corporation’’ means the corporation 

7 established under section 201(a)(1). 

8 (20) PUBLIC SAFETY BROADBAND SPEC9 TRUM.—The term ‘‘public safety broadband spec10 trum’’ means— 

11 (A) the portion of the electromagnetic 

12 spectrum between the frequencies from 763 

13 megahertz to 768 megahertz and between the 

14 frequencies from 793 megahertz to 798 mega15 hertz; and 

16 (B) the 700 MHz D block spectrum. 

17 (21) PUBLIC SAFETY COMMUNICATIONS RE18 SEARCH PROGRAM.—The term ‘‘Public Safety Com19 munications Research Program’’ means the program 

20 that is housed within the Department of Commerce 

21 Labs in Boulder, Colorado, and that is a joint effort 

22 between the Office of Law Enforcement Standards 

23 of NIST and the Institute for Telecommunication 

24 Sciences of the NTIA. 


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1 (22) PUBLIC SAFETY ENTITY.—The term ‘‘pub2 lic safety entity’’ means an entity that provides pub3 lic safety services. 

4 (23) PUBLIC SAFETY SERVICES.—The term 

5 ‘‘public safety services’’ has the meaning given such 

6 term in section 337(f)(1) of the Communications Act 

7 of 1934 (47 U.S.C. 337(f)(1)). 

8 (24) RADIO ACCESS NETWORK.—The term 

9 ‘‘radio access network’’ means the radio access net10 work described in section 202(b)(2). 

11 (25) STATE.—The term ‘‘State’’ means any of 

12 the 50 States, the District of Columbia, the Com13 monwealth of Puerto Rico, the United States Virgin 

14 Islands, Guam, American Samoa, and the Common15 wealth of the Northern Mariana Islands. 

16 (26) STATE PUBLIC SAFETY BROADBAND OF17 FICE.—The term ‘‘State Public Safety Broadband 

18 Office’’ means an office established under section 

19 212(d). 

20 (27) TRIBAL.—The term ‘‘tribal’’ means, when 

21 used with respect to any entity, that such entity is 

22 a tribal organization (as defined in section 4 of the 

23 Indian Self-Determination and Education Assistance 

24 Act (25 U.S.C. 450b)). 


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1 SEC. 3. RULE OF CONSTRUCTION. 

2 Each range of frequencies described in this Act shall 

3 be construed to be inclusive of the upper and lower fre4 quencies in the range. 

5 SEC. 4. ENFORCEMENT. 

6 (a) IN GENERAL.—The Commission shall implement 

7 and enforce this Act as if this Act were a part of the Com8 munications Act of 1934 (47 U.S.C. 151 et seq.). A viola9 tion of this Act, or a regulation promulgated under this 

10 Act, shall be considered to be a violation of the Commu11 nications Act of 1934, or a regulation promulgated under 

12 such Act, respectively. 

13 (b) EXCEPTION.—Subsection (a) does not apply in 

14 the case of a provision of this Act that is expressly re15 quired to be carried out by an agency (as defined in sec16 tion 551 of title 5, United States Code) other than the 

17 Commission. 

18 TITLE I—ALLOCATION AND AS19 SIGNMENT OF PUBLIC SAFE20 TY BROADBAND SPECTRUM 

21 SEC. 101. REALLOCATION OF 700 MHZ D BLOCK SPECTRUM 

22 FOR PUBLIC SAFETY USE. 

23 (a) IN GENERAL.—The Commission shall reallocate 

24 the 700 MHz D block spectrum for use by public safety 

25 entities in accordance with the provisions of this Act. 


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1 (b) QUANTITY OF SPECTRUM ALLOCATED FOR PUB2 LIC SAFETY USE.—Section 337(a) of the Communications 

3 Act of 1934 (47 U.S.C. 337(a)) is amended— 

4 (1) by striking ‘‘Not later than January 1, 

5 1998, the’’ and inserting ‘‘The’’; 

6 (2) in paragraph (1), by striking ‘‘24’’ and in7 serting ‘‘34’’; and 

8 (3) in paragraph (2), by striking ‘‘36’’ and in9 serting ‘‘26’’. 

10 SEC. 102. ASSIGNMENT OF LICENSE TO CORPORATION. 

11 (a) IN GENERAL.—Not later than the date that is 

12 30 days after the date of the incorporation of the Public 

13 Safety Broadband Corporation under section 201(a), the 

14 Commission shall revoke the license for the public safety 

15 broadband spectrum and the guard band spectrum and 

16 assign a new, single license for the public safety 

17 broadband spectrum and the guard band spectrum to the 

18 Corporation for the purpose of ensuring the construction, 

19 management, maintenance, and operation of the public 

20 safety broadband network. 

21 (b) TERM.— 

22 (1) INITIAL LICENSE.—The initial license as23 signed under subsection (a) shall be for a term of 

24 10 years. 


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1 (2) RENEWAL OF LICENSE.—Prior to the expi2 ration of the term of the initial license assigned 

3 under subsection (a) or the expiration of any re4 newal of such license, the Corporation shall submit 

5 to the Commission an application for the renewal of 

6 such license in accordance with the Communications 

7 Act of 1934 (47 U.S.C. 151 et seq.) and any appli8 cable Commission regulations. Such renewal applica9 tion shall demonstrate that, during the term of the 

10 license that the Corporation is seeking to renew, the 

11 Corporation has fulfilled its duties and obligations 

12 under this Act and the Communications Act of 1934 

13 and has complied with all applicable Commission 

14 regulations. A renewal of the initial license granted 

15 under subsection (a) or any renewal of such license 

16 shall be for a term not to exceed 10 years. 

17 (c) DEFINITION OF PUBLIC SAFETY SERVICES.— 

18 Section 337(f)(1) of the Communications Act of 1934 (47 

19 U.S.C. 337(f)(1)) is amended— 

20 (1) in subparagraph (A), by striking ‘‘to protect 

21 the safety of life, health, or property’’ and inserting 

22 ‘‘to provide law enforcement, fire and rescue re23 sponse, or emergency medical assistance (including 

24 such assistance provided by ambulance services, hos25 pitals, and urgent care facilities)’’; and 


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1 (2) in subparagraph (B)— 

2 (A) in clause (i), by inserting ‘‘or tribal or3 ganizations (as defined in section 4 of the In4 dian Self-Determination and Education Assist5 ance Act (25 U.S.C. 450b))’’ before the semi6 colon; and 

7 (B) in clause (ii), by inserting ‘‘or a tribal 

8 organization’’ after ‘‘a governmental entity’’. 

9 SEC. 103. ENSURING EFFICIENT AND FLEXIBLE USE OF 700 

10 MHZ PUBLIC SAFETY NARROWBAND SPEC11 TRUM. 

12 (a) LICENSE REQUIREMENTS.—The Commission 

13 may not renew a license to use the narrowband spectrum 

14 after the date of the enactment of this Act, or grant an 

15 application for an initial license to use such spectrum after 

16 the date that is 3 years after such date of enactment, un17 less the licensee or applicant demonstrates that failure of 

18 the Commission to renew such license or grant such appli19 cation will— 

20 (1) cause considerable economic hardship; or 

21 (2) adversely impact the ability of the licensee 

22 or applicant to provide public safety services. 

23 (b) INVENTORY.—Not later than 6 months after the 

24 date of the enactment of this Act, the Commission shall 

25 complete and submit to the appropriate committees of 


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1 Congress a State-by-State inventory of the use of the 

2 narrowband spectrum, current as of such date of enact3 ment, including the numbers of base stations that are de4 ployed and in day-to-day operation, the approximate num5 ber of users, the extent of interoperability among the de6 ployed stations, and the approximate per-unit costs of mo7 bile equipment. 

8 (c) FLEXIBLE USE.—In order to promote efficient 

9 spectrum use, the Commission may allow the narrowband 

10 spectrum and the guard band spectrum to be used in a 

11 flexible manner, including for public safety broadband 

12 communications, subject to such technical and inter13 ference protection measures as the Commission may re14 quire. 

15 SEC. 104. SHARING OF PUBLIC SAFETY BROADBAND SPEC16 TRUM AND NETWORK. 

17 (a) EMERGENCY ACCESS BY NON-PUBLIC SAFETY

18 ENTITIES.— 

19 (1) IN GENERAL.—Notwithstanding any limita20 tion in section 337 of the Communications Act of 

21 1934 (47 U.S.C. 337), upon the request of a State 

22 Public Safety Broadband Office, the Corporation 

23 may enter into agreements with entities in such 

24 State that are not public safety entities to permit 

25 such entities to obtain access on a secondary, 


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1 preemptible basis to the public safety broadband 

2 spectrum in order to facilitate interoperability be3 tween such entities and public safety entities in pro4 tecting the safety of life, health, and property during 

5 emergencies and during preparation for and recovery 

6 from emergencies, including during emergency drills, 

7 exercises, and tests. 

8 (2) PREEMPTION.—The Corporation shall en9 sure that, under any agreements entered into under 

10 paragraph (1), public safety entities may preempt 

11 use of the public safety broadband spectrum by the 

12 entities with which the Corporation has entered into 

13 such agreements. 

14 (b) PUBLIC-PRIVATE PARTNERSHIPS.—Notwith15 standing any limitation in section 337 of the Communica16 tions Act of 1934 (47 U.S.C. 337), the Corporation may 

17 permit a private entity with which the Corporation con18 tracts on behalf of public safety entities to construct, man19 age, maintain, or operate the core network or the radio 

20 access network, upon the request of such private entity, 

21 to— 

22 (1) obtain access to the public safety broadband 

23 spectrum for services that are not public safety serv24 ices; or 


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1 (2) share equipment or infrastructure of the 

2 public safety broadband network, including antennas 

3 and towers. 

4 (c) APPROVAL BY COMMISSION.—The Corporation 

5 may not enter into an agreement under subsection (a) or 

6 (b)(1) without the approval of the Commission. 

7 (d) REINVESTMENT.—The Corporation shall use any 

8 funds the Corporation receives under the agreements en9 tered into under subsections (a) and (b) to cover the ad10 ministrative expenses of the Corporation for the fiscal year 

11 in which such funds are received and shall use any excess 

12 for the construction, management, maintenance, and oper13 ation of the public safety broadband network. 

14 (e) ACCESS BY FEDERAL DEPARTMENTS AND AGEN15 CIES.—Notwithstanding any limitation in section 337 of 

16 the Communications Act of 1934 (47 U.S.C. 337), the 

17 Corporation shall enter into such written agreements as 

18 are necessary to permit Federal departments and agencies 

19 to have shared access to the public safety broadband spec20 trum on an equivalent basis in order to protect the safety 

21 of life, health, and property. 

22 (f) PROHIBITION ON OFFERING COMMERCIAL SERV23 ICES.—The Corporation may not offer, provide, or market 

24 commercial telecommunications services or information 

25 services directly to the public. 


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1 SEC. 105. COMMISSION RULES. 

2 (a) IN GENERAL.—In order to carry out the provi3 sions of this Act, the Commission shall— 

4 (1) adopt technical rules necessary to suffi5 ciently manage spectrum use in bands adjacent to 

6 the public safety broadband spectrum; 

7 (2) adopt rules requiring commercial mobile 

8 service providers and commercial mobile data service 

9 providers to offer roaming and priority access serv10 ices to public safety entities at commercially reason11 able terms and conditions if— 

12 (A) the equipment of the public safety en13 tity is technically compatible with the network 

14 of the commercial provider; 

15 (B) the commercial provider is reasonably 

16 compensated; and 

17 (C) such access does not unreasonably pre18 empt or otherwise terminate or degrade existing 

19 voice conversations or data sessions; 

20 (3) adopt technical rules governing the oper21 ation of the public safety broadband network in 

22 areas near the international borders of the United 

23 States; 

24 (4) adopt rules ensuring the commercial avail25 ability of devices capable of operating in the public 

26 safety broadband spectrum, known as Band Class 


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1 14, at costs comparable to those of similar devices 

2 that are designed to operate in spectrum allocated 

3 for commercial use; and 

4 (5) consider the adoption of such other rules as 

5 the Commission determines are necessary. 

6 (b) DEADLINE.—The Commission shall adopt the 

7 rules required by paragraphs (1) through (4) of subsection 

8 (a) not later than 180 days after the date of the enactment 

9 of this Act. 

10 (c) CONSULTATION.—In adopting rules under sub11 section (a) (or considering the adoption of rules under 

12 paragraph (5) of such subsection), the Commission shall 

13 consult with the Director of the Office of Emergency Com14 munications in the Department of Homeland Security, the 

15 Assistant Secretary, the Director of NIST, and the Public 

16 Safety Communications Research Program. 

17 SEC. 106. FCC REPORT ON EFFICIENT USE OF PUBLIC 

18 SAFETY SPECTRUM. 

19 (a) IN GENERAL.—Not later than 180 days after the 

20 date of the enactment of this Act and every 2 years there21 after, the Commission shall, in consultation with the As22 sistant Secretary and the Director of NIST, conduct a 

23 study and submit to the appropriate committees of Con24 gress a report on the spectrum allocated for public safety 

25 use. 


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1 (b) CONTENTS.—The report required by subsection 

2 (a) shall include— 

3 (1) an examination of how such spectrum is 

4 being used; 

5 (2) recommendations on how such spectrum 

6 may be used more efficiently; 

7 (3) an assessment of the feasibility of public 

8 safety entities relocating from other bands to the 

9 public safety broadband spectrum; and 

10 (4) an assessment of whether any spectrum 

11 made available by the relocation described in para12 graph (3) could be returned to the Commission for 

13 reassignment through auction, including through use 

14 of incentive auction authority under subparagraph 

15 (G) of section 309(j)(8) of the Communications Act 

16 of 1934, as added by section 302(a). 

17 TITLE II—ADVANCED PUBLIC 

18 SAFETY COMMUNICATIONS 

19 Subtitle A—Public Safety 

20 Broadband Network 

21 SEC. 201. ESTABLISHMENT AND OPERATION OF PUBLIC 

22 SAFETY BROADBAND CORPORATION. 

23 (a) ESTABLISHMENT.— 

24 (1) IN GENERAL.—There is authorized to be es25 tablished a private, nonprofit corporation to be 


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1 known as the Public Safety Broadband Corporation, 

2 which will not be an agency or establishment of the 

3 United States Government or the District of Colum4 bia government. 

5 (2) GOVERNING LAW.—The Corporation shall 

6 be subject to the provisions of this Act and, to the 

7 extent consistent with this Act, the District of Co8 lumbia Nonprofit Corporation Act (sec. 29–301.01 

9 et seq., D.C. Official Code). The Corporation shall 

10 have the usual powers conferred upon a nonprofit 

11 corporation by the District of Columbia Nonprofit 

12 Corporation Act. 

13 (3) INCORPORATION.—The members of the ini14 tial Board of Directors of the Corporation shall 

15 serve as the incorporators of the Corporation and 

16 shall take the necessary steps to establish the Cor17 poration under the District of Columbia Nonprofit 

18 Corporation Act. The Corporation shall notify the 

19 Commission of the date of its incorporation as soon 

20 as possible after such incorporation. 

21 (4) INITIAL BYLAWS.—The members of the ini22 tial Board of Directors of the Corporation shall es23 tablish the initial bylaws of the Corporation. 

24 (5) RESIDENCE.—The Corporation shall have 

25 its place of business in the District of Columbia and 


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1 shall be considered, for purposes of venue in civil ac2 tions, to be a resident of the District of Columbia. 

3 (b) BOARD OF DIRECTORS.— 

4 (1) MEMBERSHIP AND APPOINTMENT.—The 

5 management of the Corporation shall be vested in a 

6 Board of Directors, which shall consist of 15 mem7 bers, as follows: 

8 (A) FEDERAL MEMBERS.—Four Federal 

9 members, or their designees, as follows: 

10 (i) The Secretary of Commerce. 

11 (ii) The Secretary of Homeland Secu12 rity. 

13 (iii) The Director of the Office of 

14 Management and Budget. 

15 (iv) The Attorney General of the 

16 United States. 

17 (B) NON-FEDERAL PUBLIC-SECTOR MEM18 BERS.—Seven non-Federal public-sector mem19 bers, representing both urban and rural inter20 ests, appointed by the Secretary of Commerce, 

21 as follows: 

22 (i) STATE GOVERNORS.—Two mem23 bers, each of whom is the Governor of a 

24 State, or their designees. 


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1 (ii) LOCAL AND TRIBAL GOVERNMENT

2 MEMBERS.—Two members, each of whom 

3 is the chief executive officer of a political 

4 subdivision of a State or an Indian tribe, 

5 or their designees. 

6 (iii) PUBLIC SAFETY ENTITY EMPLOY7 EES.—Three members, each of whom is 

8 employed by a public safety entity and pos9 sesses one or more of the following quali10 fications: 

11 (I) Experience with emergency 

12 preparedness and response. 

13 (II) Technical expertise with pub14 lic safety radio communications. 

15 (III) Operational experience with 

16 9–1–1 emergency services. 

17 (IV) Training in hospital or ur18 gent medical care. 

19 (C) PRIVATE-SECTOR MEMBERS.—Four 

20 private-sector members, appointed by the Sec21 retary of Commerce, each of whom has exten22 sive experience implementing commercial stand23 ards in the design, development, and operation 

24 of commercial mobile data service networks. 


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1 (2) INDEPENDENCE OF NON-FEDERAL PUBLIC2 SECTOR AND PRIVATE-SECTOR MEMBERS.— 

3 (A) IN GENERAL.—Each non-Federal pub4 lic-sector member and each private-sector mem5 ber of the Board of Directors appointed under 

6 paragraph (1) shall be independent and neutral. 

7 (B) INDEPENDENCE DETERMINATION.—In 

8 order to be considered independent for purposes 

9 of this paragraph, a member of the Board— 

10 (i) may not, other than in the capacity 

11 of such member as a member of the Board 

12 or a committee thereof, accept any con13 sulting, advisory, or other compensatory 

14 fee from the Corporation; and 

15 (ii) shall be disqualified from any de16 liberation involving any transaction of the 

17 Corporation in which such member has a 

18 financial interest in the outcome. 

19 (3) FEDERAL EMPLOYMENT STATUS.—The 

20 non-Federal public-sector members and the private21 sector members of the Board of Directors shall not, 

22 by reason of membership on the Board, be consid23 ered to be officers or employees of the United States 

24 Government or the District of Columbia government. 


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1 (4) CITIZENSHIP.—Each non-Federal public2 sector member and each private-sector member of 

3 the Board of Directors shall be a citizen of the 

4 United States. 

5 (5) TERMS OF APPOINTMENT.— 

6 (A) INITIAL APPOINTMENT DEADLINE.— 

7 The initial non-Federal public-sector members 

8 and the initial private-sector members of the 

9 Board of Directors shall be appointed not later 

10 than 180 days after the date of the enactment 

11 of this Act. 

12 (B) TERMS.— 

13 (i) LENGTH.— 

14 (I) FEDERAL MEMBERS.—Each 

15 Federal member of the Board of Di16 rectors shall serve as a member of the 

17 Board for the life of the Corporation. 

18 (II) NON-FEDERAL PUBLIC-SEC19 TOR AND PRIVATE-SECTOR MEM20 BERS.—The term of office of each 

21 non-Federal public-sector member and 

22 each private-sector member of the 

23 Board of Directors shall be 3 years. 

24 Such a member may not serve more 

25 than 2 full terms consecutively. 


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1 (ii) EXPIRATION OF TERM.—Any non2 Federal public-sector member or private3 sector member of the Board of Directors 

4 whose term has expired may serve until 

5 such member’s successor has taken office, 

6 or until the end of the calendar year in 

7 which such member’s term has expired, 

8 whichever is earlier. 

9 (iii) APPOINTMENT TO FILL VA10 CANCY.—A non-Federal public-sector mem11 ber or private-sector member of the Board 

12 of Directors appointed to fill a vacancy oc13 curring prior to the expiration of the term 

14 for which that member’s predecessor was 

15 appointed shall be appointed for the re16 mainder of the predecessor’s term. 

17 (iv) STAGGERED TERMS.—With re18 spect to the initial non-Federal public-sec19 tor members and the initial private-sector 

20 members of the Board of Directors— 

21 (I) four members shall serve for 

22 a term of 3 years; 

23 (II) four members shall serve for 

24 a term of 2 years; and 


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1 (III) three members shall serve 

2 for a term of 1 year. 

3 (C) EFFECT OF VACANCIES.—A vacancy in 

4 the membership of the Board of Directors shall 

5 not affect the Board’s powers and shall be filled 

6 in the same manner as the original member was 

7 appointed. 

8 (6) CHAIR.— 

9 (A) SELECTION.—The Chair of the Board 

10 of Directors shall be selected by the Secretary 

11 of Commerce from among the non-Federal pub12 lic-sector members and the private-sector mem13 bers of the Board. 

14 (B) TERM.—The term of office of the 

15 Chair of the Board of Directors shall be 2 

16 years, and an individual may not serve more 

17 than 2 consecutive terms. 

18 (7) REMOVAL.— 

19 (A) BY SECRETARY OF COMMERCE.—The 

20 Secretary of Commerce may remove, for good 

21 cause— 

22 (i) the Chair of the Board of Direc23 tors; or 


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1 (ii) any non-Federal public-sector 

2 member or private-sector member of the 

3 Board of Directors. 

4 (B) BY BOARD.—The members of the 

5 Board of Directors may, by majority vote— 

6 (i) remove any non-Federal public-sec7 tor member or private-sector member of 

8 the Board for conduct determined by the 

9 Board to be detrimental to the Board or to 

10 the Corporation; or 

11 (ii) request that the Secretary of 

12 Commerce exercise his or her authority to 

13 remove the Chair of the Board for conduct 

14 determined to be detrimental to the Board 

15 or to the Corporation. 

16 (8) MEETINGS.— 

17 (A) FREQUENCY.—The Board of Directors 

18 shall meet in accordance with the bylaws of the 

19 Corporation— 

20 (i) at the call of the Chair of the 

21 Board; and 

22 (ii) not less frequently than once each 

23 quarter. 

24 (B) TRANSPARENCY.—Meetings of the 

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1 mittees of the Board, shall be open to the pub2 lic. The Board may, by majority vote, close any 

3 such meeting only for the time necessary to pre4 serve the confidentiality of commercial or finan5 cial information that is privileged or confiden6 tial, to discuss personnel matters, or to discuss 

7 legal matters affecting the Corporation, includ8 ing pending or potential litigation. 

9 (9) QUORUM.—Eight members of the Board of 

10 Directors, including not fewer than 6 non-Federal 

11 public-sector members or private-sector members, 

12 shall constitute a quorum. 

13 (10) ATTENDANCE.—Members of the Board of 

14 Directors may attend meetings of the Corporation 

15 and vote in person, via telephone conference, or via 

16 video conference. 

17 (11) BYLAWS.—A majority of the members of 

18 the Board of Directors may amend the bylaws of the 

19 Corporation. 

20 (12) PROHIBITION AGAINST COMPENSATION.— 

21 A member of the Board of Directors shall serve 

22 without pay, and shall not otherwise benefit, directly 

23 or indirectly, as a result of the member’s service to 

24 the Corporation, but shall be allowed a per diem al25 lowance for travel expenses, at rates authorized for 


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1 an employee of an agency under subchapter I of 

2 chapter 57 of title 5, United States Code, while 

3 away from the home or regular place of business of 

4 the member in the performance of the duties of the 

5 Corporation. 

6 (c) CHIEF EXECUTIVE OFFICER AND EMPLOYEES.— 

7 (1) IN GENERAL.—The Corporation shall have 

8 1 officer, a Chief Executive Officer, and such em9 ployees as may be necessary to carry out the duties 

10 and responsibilities of the Corporation under this 

11 title and title I, for such terms, and at such rates 

12 of compensation in accordance with paragraph (5), 

13 as the Board of Directors of the Corporation con14 siders appropriate. The Chief Executive Officer and 

15 the employees shall serve at the pleasure of the 

16 Board of Directors. 

17 (2) QUALIFICATIONS OF CEO.—The Chief Exec18 utive Officer shall have extensive experience in the 

19 deployment, management, or design of commercial 

20 mobile data service networks. 

21 (3) CITIZENSHIP.—The Chief Executive Officer 

22 and the employees of the Corporation shall be citi23 zens of the United States. 

24 (4) NONPOLITICAL NATURE OF APPOINT25 MENT.—No political test or qualification may be 


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1 used in selecting, appointing, promoting, or taking 

2 other personnel actions with respect to the Chief Ex3 ecutive Officer or the agents or employees of the 

4 Corporation. 

5 (5) COMPENSATION.— 

6 (A) IN GENERAL.—The Board of Directors 

7 may fix the compensation of the Chief Execu8 tive Officer and the employees hired under this 

9 subsection, as necessary to carry out the duties 

10 and responsibilities of the Corporation under 

11 this title and title I, except that— 

12 (i) the rate of compensation for the 

13 Chief Executive Officer or any employee 

14 may not exceed the maximum rate of basic 

15 pay established under section 5382 of title 

16 5, United States Code, for a member of 

17 the Senior Executive Service; and 

18 (ii) notwithstanding any other provi19 sion of law except clause (i), or any bylaw 

20 of the Corporation, all rates of compensa21 tion, including benefit plans and salary 

22 ranges, for the Chief Executive Officer and 

23 the employees shall be jointly approved by 

24 a majority of the Federal members of the 

25 Board. 


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1 (B) LIMITATION ON OTHER COMPENSA2 TION.—Neither the Chief Executive Officer nor 

3 any employee of the Corporation may receive 

4 any salary or other compensation (except for 

5 compensation for service on boards of directors 

6 of other organizations that do not receive funds 

7 from the Corporation, on committees of such 

8 boards, and in similar activities for such organi9 zations) from any sources other than the Cor10 poration for services rendered during the period 

11 of the employment of the Chief Executive Offi12 cer or employee, respectively, by the Corpora13 tion. 

14 (C) SERVICE ON OTHER BOARDS.—Service 

15 by the Chief Executive Officer or any employee 

16 of the Corporation on a board of directors of 

17 another organization, on a committee of such a 

18 board, or in a similar activity for such an orga19 nization shall be subject to annual advance ap20 proval by the Board of Directors. 

21 (D) FEDERAL EMPLOYMENT STATUS.— 

22 Neither the Chief Executive Officer nor any em23 ployee of the Corporation shall be considered to 

24 be an officer or employee of the United States 


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1 Government or the District of Columbia govern2 ment. 

3 (d) SELECTION OF AGENTS, CONSULTANTS, AND EX4 PERTS.— 

5 (1) IN GENERAL.—The Board shall select par6 ties to serve as its agents, consultants, and experts 

7 in a fair, transparent, and objective manner. 

8 (2) FINAL AND BINDING.—If the selection of an 

9 agent, consultant, or expert satisfies the require10 ments of paragraph (1), the selection of such agent, 

11 consultant, or expert shall be final and binding. 

12 (e) NONPROFIT AND NONPOLITICAL NATURE OF

13 CORPORATION.— 

14 (1) STOCK.—The Corporation shall have no 

15 power to issue any shares of stock, or to declare or 

16 pay any dividends. 

17 (2) PROFIT.—No part of the income or assets 

18 of the Corporation shall inure to the benefit of any 

19 director, officer, employee, or any other individual 

20 associated with the Corporation, except as salary or 

21 reasonable compensation for services. 

22 (3) POLITICS.—The Corporation may not con23 tribute to or otherwise support any political party or 

24 candidate for elective public office. 


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1 (4) PROHIBITION ON LOBBYING ACTIVITIES.— 

2 The Corporation may not engage in lobbying activi3 ties (as defined in section 3(7) of the Lobbying Dis4 closure Act of 1995 (2 U.S.C. 1602(7))). 

5 (f) GENERAL POWERS.—In addition to the powers 

6 granted to the Corporation by any other provision of law, 

7 the Corporation shall have the authority to do the fol8 lowing: 

9 (1) To adopt and use a corporate seal. 

10 (2) To have succession until dissolved by an Act 

11 of Congress. 

12 (3) To prescribe, through the actions of the 

13 Board of Directors, bylaws not inconsistent with 

14 Federal law and the laws of the District of Colum15 bia, regulating the manner in which the Corpora16 tion’s general business may be conducted and the 

17 manner in which the privileges granted to the Cor18 poration by law may be exercised. 

19 (4) To exercise, through the actions of the 

20 Board of Directors, all powers specifically granted to 

21 the Corporation by the provisions of this title and 

22 title I, and such incidental powers as shall be nec23 essary. 

24 (5) To hold such hearings, sit and act at such 

25 times and places, take such testimony, and receive 


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1 such evidence as the Corporation considers necessary 

2 to carry out its responsibilities and duties. 

3 (6) To obtain grants and funds from and make 

4 contracts with individuals, private companies, orga5 nizations, institutions, and Federal, State, regional, 

6 and local agencies. 

7 (7) To accept, hold, administer, and utilize 

8 gifts, donations, and bequests of property, both real 

9 and personal, for the purposes of aiding or facili10 tating the work of the Corporation. 

11 (8) To spend amounts obtained under para12 graph (6) in a manner authorized by the Board, but 

13 only for purposes that will advance or enhance pub14 lic safety communications consistent with this Act. 

15 (9) To establish reserve accounts with funds 

16 that the Corporation may receive from time to time 

17 that exceed the amounts required by the Corporation 

18 to timely pay its debt service and other obligations. 

19 (10) To expend the funds placed in any reserve 

20 accounts established under paragraph (9) (including 

21 interest earned on any such amounts) in a manner 

22 authorized by the Board, but only for purposes 

23 that— 

24 (A) will advance or enhance public safety 

25 communications consistent with this Act; or 


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1 (B) are otherwise approved by an Act of 

2 Congress. 

3 (11) To take such other actions as the Corpora4 tion, through the Board of Directors, may from time 

5 to time determine necessary, appropriate, or advis6 able to accomplish the purposes of this title and title 

7 I. 

8 (g) PRINCIPAL POWERS.—In addition to the powers 

9 granted to the Corporation by any other provision of law, 

10 the Corporation shall have the power— 

11 (1) to hold the single license for the public safe12 ty broadband spectrum and the guard band spec13 trum assigned by the Commission under section 

14 102(a); 

15 (2) to take all actions necessary to ensure the 

16 construction, management, maintenance, and oper17 ation of the public safety broadband network, in con18 sultation with Federal users of the network, public 

19 safety entities, the Commission, and the Technical 

20 and Operations Advisory Body established under 

21 subsection (h), including by— 

22 (A) ensuring the use of commercial stand23 ards; 

24 (B) issuing open, transparent, and com25 petitive requests for proposals to private-sector 


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1 entities for the purpose of constructing, man2 aging, maintaining, and operating the public 

3 safety broadband network; 

4 (C) entering into and overseeing the per5 formance of contracts or agreements with pri6 vate-sector entities to construct, manage, main7 tain, and operate the public safety broadband 

8 network; 

9 (D) leveraging, to the maximum extent 

10 possible, existing commercial, private, and pub11 lic infrastructure to reduce costs, supplement 

12 network capacity, and speed deployment of the 

13 network; 

14 (E) entering into roaming and priority ac15 cess agreements with providers of commercial 

16 mobile service and commercial mobile data serv17 ice to allow users of the public safety broadband 

18 network to obtain such services across the net19 works of such providers; 

20 (F) entering into sharing agreements 

21 under section 104; and 

22 (G) exercising discretion in using and dis23 bursing the funds received under section 

24 401(b)(4); and 


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1 (3) to establish the Program Management Of2 fice and delegate functions to such Office, in accord3 ance with section 203. 

4 (h) TECHNICAL AND OPERATIONS ADVISORY

5 BODY.— 

6 (1) ESTABLISHMENT.—In addition to such 

7 other standing or ad hoc committees, panels, or 

8 councils as the Board of Directors considers nec9 essary, the Corporation shall establish a Technical 

10 and Operations Advisory Body, which shall provide 

11 advice to the Corporation with respect to operational 

12 and technical matters related to public safety com13 munications and commercial mobile data service. 

14 (2) MEMBERSHIP.—The Technical and Oper15 ations Advisory Body shall be composed of such rep16 resentatives as the Board of Directors considers ap17 propriate, including representatives of the following: 

18 (A) Public safety entities. 

19 (B) State, local, and tribal entities that 

20 use the public safety broadband network. 

21 (C) Public safety answering points. 

22 (D) One or more of the 10 regional organi23 zational units of the Federal Emergency Man24 agement Agency. 

25 (E) The Bureau of Indian Affairs. 


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1 (F) The Office of Science and Technology 

2 Policy. 

3 (G) The Public Safety Communications 

4 Research Program. 

5 (H) Providers of commercial mobile data 

6 service and vendors of equipment, devices, and 

7 software used to provide and access such serv8 ice. 

9 (i) AUDITS AND REPORTS BY GAO.— 

10 (1) AUDITS.— 

11 (A) IN GENERAL.—The financial trans12 actions of the Corporation for any fiscal year 

13 during which Federal funds are available to fi14 nance any portion of its operations shall be au15 dited annually by the Comptroller General of 

16 the United States in accordance with the prin17 ciples and procedures applicable to commercial 

18 corporate transactions and under such rules 

19 and regulations as may be prescribed by the 

20 Comptroller General. 

21 (B) LOCATION.—Any audit conducted 

22 under subparagraph (A) shall be conducted at 

23 the place or places where accounts of the Cor24 poration are normally kept. 


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1 (C) ACCESS TO CORPORATION BOOKS AND

2 DOCUMENTS.— 

3 (i) IN GENERAL.—For purposes of an 

4 audit conducted under subparagraph (A), 

5 the representatives of the Comptroller Gen6 eral shall— 

7 (I) have access to all books, ac8 counts, records, reports, files, and all 

9 other papers, things, or property be10 longing to or in use by the Corpora11 tion that pertain to the financial 

12 transactions of the Corporation and 

13 are necessary to facilitate the audit; 

14 and 

15 (II) be afforded full facilities for 

16 verifying transactions with the bal17 ances or securities held by deposi18 tories, fiscal agents, and custodians. 

19 (ii) REQUIREMENT.—All books, ac20 counts, records, reports, files, papers, and 

21 property of the Corporation shall remain in 

22 the possession and custody of the Corpora23 tion. 

24 (2) REPORTS.— 


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1 (A) IN GENERAL.—The Comptroller Gen2 eral of the United States shall submit a report 

3 of each audit conducted under paragraph 

4 (1)(A) to— 

5 (i) the appropriate committees of Con6 gress; 

7 (ii) the President; and 

8 (iii) the Corporation. 

9 (B) CONTENTS.—Each report submitted 

10 under subparagraph (A) shall contain— 

11 (i) such comments and information as 

12 the Comptroller General determines nec13 essary to inform Congress of the financial 

14 operations and condition of the Corpora15 tion; 

16 (ii) any recommendations of the 

17 Comptroller General relating to the finan18 cial operations and condition of the Cor19 poration; and 

20 (iii) a description of any program, ex21 penditure, or other financial transaction or 

22 undertaking of the Corporation that was 

23 observed during the course of the audit, 

24 which, in the opinion of the Comptroller 


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1 General, has been carried on or made with2 out the authority of law. 

3 (j) ANNUAL REPORT TO CONGRESS.— 

4 (1) IN GENERAL.—Not later than 1 year after 

5 the date of enactment of this Act, and each year 

6 thereafter, the Corporation shall submit an annual 

7 report covering the preceding fiscal year to the ap8 propriate committees of Congress. 

9 (2) REQUIRED CONTENT.—The report required 

10 under paragraph (1) shall include— 

11 (A) a comprehensive and detailed report of 

12 the operations, activities, financial condition, 

13 and accomplishments of the Corporation under 

14 this section; 

15 (B) an analysis of the continued need for 

16 the Program Management Office and opportu17 nities for reductions in staffing levels or scope 

18 of work in light of progress made in network 

19 deployment, including the requests for pro20 posals process; and 

21 (C) such recommendations or proposals for 

22 legislative or administrative action as the Cor23 poration considers appropriate. 

24 (3) AVAILABILITY TO TESTIFY.—The directors, 

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1 cer of the Corporation shall be available to testify 

2 before the appropriate committees of the Congress 

3 with respect to— 

4 (A) the report required under paragraph 

5 (1); 

6 (B) the report of any audit made by the 

7 Comptroller General under subsection (i); or 

8 (C) any other matter which such commit9 tees may consider appropriate. 

10 (k) PROHIBITION AGAINST NEGOTIATION WITH

11 FOREIGN GOVERNMENTS.—The Corporation may not ne12 gotiate or enter into any agreements with a foreign gov13 ernment on behalf of the United States. 

14 (l) USE OF MAILS.—The Corporation may use the 

15 United States mails in the same manner and under the 

16 same conditions as the departments and agencies of the 

17 United States. 

18 SEC. 202. PUBLIC SAFETY BROADBAND NETWORK. 

19 (a) ESTABLISHMENT.—The Corporation shall ensure 

20 the establishment of a nationwide, interoperable public 

21 safety broadband network. 

22 (b) NETWORK COMPONENTS.—The public safety 

23 broadband network shall be based on a single, national 

24 network architecture that evolves with technological ad25 vancements and initially consists of the following: 


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1 (1) A core network that— 

2 (A) consists of national and regional data 

3 centers, and other elements and functions that 

4 may be distributed geographically, all of which 

5 shall be based on commercial standards; and 

6 (B) provides the connectivity between— 

7 (i) the radio access network; and 

8 (ii) the public Internet or the public 

9 switched network, or both. 

10 (2) A radio access network that— 

11 (A) is deployed on a State-by-State or 

12 multi-State basis; 

13 (B) consists of all cell site equipment, an14 tennas, and backhaul equipment, based on com15 mercial standards, that are required to enable 

16 wireless communications with devices using the 

17 public safety broadband spectrum; and 

18 (C) shall be developed, constructed, man19 aged, maintained, and operated taking into ac20 count the plans developed in the State, local, 

21 and tribal planning and implementation grant 

22 program under section 212. 

23 (c) DEPLOYMENT STANDARDS.—The Corporation 

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1 posals process and oversight of contracts delegated to the 

2 Program Management Office— 

3 (1) ensure that the core network and the radio 

4 access network are deployed as networks are typi5 cally deployed by commercial mobile data service 

6 providers; 

7 (2) promote competition in the public safety 

8 equipment market by requiring that equipment for 

9 use on the public safety broadband network be— 

10 (A) built to open, nonproprietary, commer11 cial standards; 

12 (B) capable of being used by any public 

13 safety entity and accessed by devices manufac14 tured by multiple vendors; and 

15 (C) backward-compatible with prior gen16 erations of commercial mobile service and com17 mercial mobile data service networks to the ex18 tent typically deployed by providers of commer19 cial mobile service and commercial mobile data 

20 service; and 

21 (3) ensure that the public safety broadband net22 work is integrated with public safety answering 

23 points, or the equivalent of public safety answering 

24 points, and with networks for the provision of Next 


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1 Generation 9–1–1 services (as defined in section 

2 231). 

3 (d) PROCUREMENT.—In all procurement related to 

4 the core network and the radio access network, the Cor5 poration shall use an open, competitive bidding process 

6 that— 

7 (1) details the required framework and architec8 ture of such networks, the general specifications of 

9 the work requested, and the service-delivery respon10 sibilities of successful bidders; 

11 (2) provides for the award of subcontracts; and 

12 (3) prohibits, except in the case of minor up13 grades— 

14 (A) sole-source contracts; and 

15 (B) requirements for design proprietary to 

16 any individual vendor. 

17 (e) NETWORK INFRASTRUCTURE AND DEVICE CRI18 TERIA.—The Director of NIST, in consultation with the 

19 Corporation and the Commission, shall develop and peri20 odically update a list of approved devices and components 

21 meeting appropriate protocols and standards. A device or 

22 component may not be used on the public safety 

23 broadband network unless it appears on such list. 


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1 SEC. 203. PROGRAM MANAGEMENT OFFICE. 

2 (a) ESTABLISHMENT.—The Corporation shall estab3 lish and staff a Program Management Office within the 

4 Corporation, or award a network management services 

5 contract to a private entity to establish and staff such an 

6 office. Any such contract shall be awarded through an 

7 open, competitive bidding process and shall be subject to 

8 approval by the Secretary of Commerce. 

9 (b) ACCOUNTABILITY.—The actions of the Program 

10 Management Office shall be subject to review by the Cor11 poration. 

12 (c) INDEPENDENCE.—For the duration of any con13 tract between the Program Management Office and the 

14 Corporation, the Program Management Office may not 

15 have a material financial interest in the outcome of any 

16 request for proposals of the Corporation or a material fi17 nancial interest in any contract or agreement entered into 

18 by the Corporation. 

19 (d) DUTIES.—Subject to the determination of the 

20 Corporation of the continuing need and appropriate scale 

21 of the Program Management Office, the Program Man22 agement Office shall— 

23 (1) be responsible for carrying out the day-to24 day activities of the Corporation, including ensuring 

25 uniformity of deployments of and upgrades to the 

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1 wide interoperability and economies of scale in net2 work equipment and device costs; 

3 (2) develop and recommend for adoption by the 

4 Corporation a nationwide plan for the deployment of 

5 the public safety broadband network; 

6 (3) create a template for use by a State Public 

7 Safety Broadband Office receiving a grant under 

8 section 212(a) in transmitting the plans developed 

9 under such section to the Program Management Of10 fice; 

11 (4) create, for approval by the Corporation— 

12 (A) baseline criteria for a request for pro13 posals for the construction, management, main14 tenance, and operation of the core network; and 

15 (B) baseline criteria for requests for pro16 posals for the construction, management, main17 tenance, and operation of the radio access net18 work; 

19 (5) in consultation with State Public Safety 

20 Broadband Offices, evaluate responses to the re21 quests for proposals described in paragraph (4); 

22 (6) administer and oversee, and verify and vali23 date the performance of, contracts entered into by 

24 the Corporation with entities the proposals of which 

25 the Corporation accepts; 


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1 (7) in consultation with State Public Safety 

2 Broadband Offices, the Office of Emergency Com3 munications in the Department of Homeland Secu4 rity, and the Commission, implement an awareness 

5 campaign in order to stimulate nationwide adoption 

6 of the public safety broadband network by public 

7 safety entities; 

8 (8) in consultation with State Public Safety 

9 Broadband Offices, assess the progress of the con10 struction and adoption of the public safety 

11 broadband network and report to the Corporation 

12 regarding such progress at such intervals as the 

13 Corporation requests, but no less frequently than bi14 annually; and 

15 (9) in consultation with State Public Safety 

16 Broadband Offices, develop a strategy for the Cor17 poration on the distribution of public funding pro18 vided under section 401(b)(4) for the construction, 

19 management, maintenance, and operation of the 

20 public safety broadband network. 

21 (e) DEVELOPMENT AND EVALUATION OF REQUESTS

22 FOR PROPOSALS.—In developing requests for proposals 

23 with respect to the core network and the radio access net24 work, the Program Management Office shall, on a State25 by-State or multi-State basis, seek proposals and recVerDate Mar 15 2010 04:18 Nov 30, 2011 Jkt 099200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H3509.IH H3509

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1 ommend for acceptance by the Corporation proposals 

2 that— 

3 (1) are based on commercial standards and are 

4 backward-compatible with existing commercial mo5 bile service and commercial mobile data service net6 works; 

7 (2) maximize use of existing infrastructure of 

8 commercial entities and of Federal, State, and tribal 

9 entities, including existing public safety infrastruc10 ture; 

11 (3) provide for the selection on a localized basis 

12 of network options that remain consistent with the 

13 national network architecture; 

14 (4) incorporate deployable network assets, ve15 hicular repeaters, and other equipment as a means 

16 to provide additional coverage and capacity as may 

17 be required; 

18 (5) ensure a nationwide level of interoperability; 

19 (6) provide economies of scale in equipment and 

20 device costs comparable to those in the commercial 

21 marketplace, including the costs of devices capable 

22 of operating in Band Class 14; 

23 (7) promote competition in the network equip24 ment and device markets; 


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1 (8) ensure coverage of rural and underserved 

2 areas; 

3 (9) take into account the need for the relocation 

4 of any incumbent public safety narrowband oper5 ations from the public safety broadband spectrum; 

6 (10) enable technology upgrades at a pace com7 parable to that occurring in the commercial mobile 

8 service and commercial mobile data service market9 places; 

10 (11) ensure the reliability, security, and resil11 iency of the network, including through measures 

12 for— 

13 (A) protecting and monitoring the cyberse14 curity of the network; and 

15 (B) managing supply chain risks to the 

16 network; and 

17 (12) incorporate results from the 700 MHz 

18 demonstration network managed by the Public Safe19 ty Communications Research Program. 

20 (f) CONSULTATION WITH TECHNICAL AND OPER21 ATIONS ADVISORY BODY.—In carrying out its responsibil22 ities, the Program Management Office shall regularly meet 

23 and consult with the Technical and Operations Advisory 

24 Body established under section 201(h). 


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1 SEC. 204. REPRESENTATION BEFORE STANDARDS SETTING 

2 ENTITIES. 

3 The Corporation, in consultation with the Director of 

4 NIST, the Commission, and the Technical and Operations 

5 Advisory Body established under section 201(h), shall rep6 resent the interests of Federal departments and agencies 

7 and public safety entities using the public safety 

8 broadband network before any appropriate standards de9 velopment organizations that address issues that in the 

10 judgment of the Corporation are relevant and important 

11 to the public safety broadband network. 

12 SEC. 205. GAO REPORT ON SATELLITE BROADBAND. 

13 Not later than 2 years after the date of the enact14 ment of this Act, the Comptroller General of the United 

15 States shall conduct a study and submit to the appropriate 

16 committees of Congress a report on the current and future 

17 capabilities of fixed and mobile satellite broadband for use 

18 by public safety entities. 

19 SEC. 206. ACCESS TO FEDERAL SUPPLY SCHEDULES. 

20 Section 502 of title 40, United States Code, is 

21 amended— 

22 (1) by redesignating subsection (f) as sub23 section (g); and 

24 (2) by inserting after subsection (e) the fol25 lowing new subsection: 


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1 ‘‘(f) USE OF SUPPLY SCHEDULES BY PUBLIC SAFE2 TY BROADBAND CORPORATION FOR CERTAIN GOODS AND

3 SERVICES.— 

4 ‘‘(1) IN GENERAL.—The Administrator may 

5 provide, to the extent practicable, for the use by the 

6 Public Safety Broadband Corporation of Federal 

7 supply schedules for the following: 

8 ‘‘(A) Roaming and priority access services 

9 offered by providers of commercial mobile serv10 ice and commercial mobile data service. 

11 ‘‘(B) Broadband network equipment, de12 vices, and applications that are suitable for use 

13 on the public safety broadband network. 

14 ‘‘(2) DEFINITIONS.—In this subsection— 

15 ‘‘(A) the terms ‘commercial mobile data 

16 service’ and ‘public safety broadband network’ 

17 have the meanings given such terms in section 

18 2 of the Wireless Innovation and Public Safety 

19 Act of 2011; 

20 ‘‘(B) the term ‘commercial mobile service’ 

21 has the meaning given such term in section 

22 332(d)(1) of the Communications Act of 1934 

23 (47 U.S.C. 332(d)(1)); and 

24 ‘‘(C) the term ‘Public Safety Broadband 

25 Corporation’ means the corporation established 


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1 under section 201(a)(1) of the Wireless Innova2 tion and Public Safety Act of 2011.’’. 

3 SEC. 207. FEDERAL INFRASTRUCTURE SHARING. 

4 The Administrator of General Services shall establish 

5 rules to allow the Corporation, on behalf of public safety 

6 entities, to have access to such components of Federal in7 frastructure as are appropriate for the construction and 

8 maintenance of the public safety broadband network. 

9 SEC. 208. INITIAL FUNDING FOR CORPORATION. 

10 (a) IN GENERAL.—There is appropriated to the As11 sistant Secretary $50,000,000 for use in accordance with 

12 subsection (b), to remain available until the commence13 ment of incentive auctions to be carried out under sub14 paragraph (G) of section 309(j)(8) of the Communications 

15 Act of 1934, as added by section 302(a), or the auction 

16 of spectrum pursuant to subsection (a)(1) or (b)(1) of sec17 tion 301. 

18 (b) USE OF FUNDS.—The Assistant Secretary shall 

19 use the funds appropriated under subsection (a)— 

20 (1) for reasonable administrative expenses and 

21 other costs associated with the establishment of the 

22 Corporation; and 

23 (2) subject to subsection (c), for transfer to the 

24 Corporation of an amount the Assistant Secretary 

25 considers necessary for the Corporation to carry out 


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1 its duties and responsibilities under this title and 

2 title I prior to the 1st fiscal year for which the Cor3 poration projects that the fees collected under sec4 tion 209 will be sufficient to cover the total expenses 

5 of the Corporation for such fiscal year. 

6 (c) CONDITIONS.—The Assistant Secretary may not 

7 transfer any funds under subsection (b)(2) unless the Cor8 poration files with the Assistant Secretary— 

9 (1) an estimated budget for the period between 

10 the filing and the beginning of the 1st fiscal year for 

11 which the Corporation projects that the fees col12 lected under section 209 will be sufficient to cover 

13 the total expenses of the Corporation for such fiscal 

14 year; and 

15 (2) a statement of the anticipated use of the 

16 funds transferred. 

17 (d) REINVESTMENT OF EXCESS FUNDS.—Beginning 

18 with the 1st fiscal year in which the Corporation collects 

19 fees under section 209 in excess of the total expenses of 

20 the Corporation in carrying out its duties and responsibil21 ities under this title and title I for such fiscal year, the 

22 Corporation shall use any remaining amount of the funds 

23 transferred under subsection (b)(2) only to ensure the con24 struction, management, maintenance, and operation of the 

25 public safety broadband network. 


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1 SEC. 209. PERMANENT SELF-FUNDING OF CORPORATION 

2 AND DUTY TO COLLECT CERTAIN FEES. 

3 (a) IN GENERAL.—The Corporation is authorized to 

4 assess and collect the following fees: 

5 (1) NETWORK USER FEES.—A user or subscrip6 tion fee from each public safety entity and Federal 

7 department or agency that seeks access to or use of 

8 the public safety broadband network. 

9 (2) SHARING ARRANGEMENT FEES.—A fee from 

10 each entity with which the Corporation enters into 

11 a sharing arrangement under section 104. 

12 (b) ESTABLISHMENT OF FEE AMOUNTS.—The total 

13 amount of the fees assessed for each fiscal year under this 

14 section shall be sufficient, and to the extent practicable 

15 shall not exceed the amount necessary, to cover the total 

16 expenses of the Corporation in carrying out its duties and 

17 responsibilities under this title and title I for such fiscal 

18 year. 

19 (c) REQUIRED REINVESTMENT OF EXCESS

20 FUNDS.—If, in a fiscal year, the Corporation collects fees 

21 under this section in excess of the total expenses of the 

22 Corporation in carrying out its duties and responsibilities 

23 under this title and title I for such fiscal year, the Cor24 poration shall use the excess only to ensure the construc25 tion, management, maintenance, and operation of the pub26 lic safety broadband network. 


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1 Subtitle B—State, Local, and Tribal 

2 Planning and Implementation 

3 SEC. 211. STATE, LOCAL, AND TRIBAL PLANNING AND IM4 PLEMENTATION FUND. 

5 (a) ESTABLISHMENT.—There is established in the 

6 Treasury of the United States a fund to be known as the 

7 State, Local, and Tribal Planning and Implementation 

8 Fund. 

9 (b) PURPOSE.—The Assistant Secretary shall estab10 lish and administer the grant program under section 212 

11 using the funds deposited in the State, Local, and Tribal 

12 Planning and Implementation Fund. 

13 (c) CREDITING OF RECEIPTS.—There shall be depos14 ited into or credited to the State, Local, and Tribal Plan15 ning and Implementation Fund— 

16 (1) any amounts specified in section 401; and 

17 (2) any amounts borrowed by the Assistant 

18 Secretary under subsection (d). 

19 (d) BORROWING AUTHORITY.— 

20 (1) IN GENERAL.—The Assistant Secretary 

21 may borrow from the general fund of the Treasury 

22 beginning on October 1, 2011, such sums as may be 

23 necessary, but not to exceed $250,000,000, to imple24 ment section 212. 


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1 (2) REIMBURSEMENT.—The Assistant Sec2 retary shall reimburse the general fund of the Treas3 ury, without interest, for any amounts borrowed 

4 under paragraph (1) as funds are deposited into the 

5 State, Local, and Tribal Planning and Implementa6 tion Fund. 

7 SEC. 212. STATE, LOCAL, AND TRIBAL PLANNING AND IM8 PLEMENTATION GRANT PROGRAM. 

9 (a) ESTABLISHMENT OF GRANT PROGRAM.—The As10 sistant Secretary, in consultation with the Corporation, 

11 shall take such action as is necessary to establish a grant 

12 program to make grants to each State Public Safety 

13 Broadband Office established under subsection (d) to as14 sist State, local, and tribal public safety entities within 

15 such State in carrying out the following activities: 

16 (1) Identifying and planning the most efficient 

17 and effective use and integration by such entities of 

18 the spectrum and the infrastructure, equipment, and 

19 other architecture associated with the public safety 

20 broadband network to satisfy the wireless commu21 nications and data services needs of such entities. 

22 (2) Identifying opportunities for creating a con23 sortium with one or more other States to assist the 

24 Program Management Office in developing a single 


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1 request for proposals to serve the common network 

2 requirements of the States in the consortium. 

3 (3) Identifying the particular assets and spe4 cialized needs of the public safety entities located 

5 within such State for inclusion in requests for pro6 posals with respect to the radio access network. 

7 Such assets may include available towers and infra8 structure. Such needs may include the projected 

9 number of users, preferred buildout timeframes, spe10 cial coverage needs, special hardening, reliability, se11 curity, and resiliency needs, local user priority as12 signments, and integration needs of public safety an13 swering points and emergency operations centers. 

14 (4) Transmitting the plans developed under this 

15 subsection to the Program Management Office using 

16 the template developed under section 203(d)(3). 

17 (b) MATCHING REQUIREMENTS; FEDERAL SHARE.— 

18 (1) IN GENERAL.—The Federal share of the 

19 cost of any activity carried out using a grant under 

20 this section may not exceed 80 percent of the eligible 

21 costs of carrying out that activity, as determined by 

22 the Assistant Secretary, in consultation with the 

23 Corporation. 

24 (2) WAIVER.—The Assistant Secretary may 

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1 graph (1) for good cause shown if the Assistant Sec2 retary determines that such a waiver is in the public 

3 interest. 

4 (c) PROGRAMMATIC REQUIREMENTS.—Not later than 

5 6 months after the date of the incorporation of the Cor6 poration under section 201(a), the Assistant Secretary, in 

7 consultation with the Corporation, shall establish require8 ments relating to the grant program to be carried out 

9 under this section, including the following: 

10 (1) Defining eligible costs for purposes of sub11 section (b)(1). 

12 (2) Determining the scope of eligible activities 

13 for grant funding under this section. 

14 (3) Prioritizing grants for activities that ensure 

15 coverage in rural as well as urban areas. 

16 (d) STATE PUBLIC SAFETY BROADBAND OFFICES.— 

17 A State wishing to receive a grant under this section shall 

18 establish a State Public Safety Broadband Office to carry 

19 out the activities described in subsection (a). The Assist20 ant Secretary may not accept a grant application unless 

21 such application certifies that the State has established 

22 such an office. 


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1 SEC. 213. PUBLIC SAFETY WIRELESS FACILITIES DEPLOY2 MENT. 

3 (a) IN GENERAL.—Notwithstanding section 704 of 

4 the Telecommunications Act of 1996 (Public Law 104– 

5 104) or any other provision of law, a State or local govern6 ment may not deny, and shall approve, any eligible facili7 ties request for a modification of an existing wireless tower 

8 that does not substantially change the physical dimensions 

9 of such tower. 

10 (b) ELIGIBLE FACILITIES REQUEST.—In this sec11 tion, the term ‘‘eligible facilities request’’ means a request 

12 that— 

13 (1) is for a modification of an existing wireless 

14 tower that involves— 

15 (A) collocation of new transmission equip16 ment; 

17 (B) removal of transmission equipment; or 

18 (C) replacement of transmission equip19 ment; and 

20 (2) is made by an entity that enters into a con21 tract with the Corporation to construct, manage, 

22 maintain, or operate the public safety broadband 

23 network for purposes of performing work under such 

24 contract. 


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1 Subtitle C—Public Safety Commu2 nications Research and Devel3 opment 

4 SEC. 221. NIST-DIRECTED PUBLIC SAFETY WIRELESS COM5 MUNICATIONS RESEARCH AND DEVELOP6 MENT. 

7 (a) IN GENERAL.—From amounts made available 

8 from the Public Safety Trust Fund established under sec9 tion 401, the Director of NIST, in consultation with the 

10 Commission, the Secretary of Homeland Security, and the 

11 National Institute of Justice of the Department of Justice, 

12 as appropriate, shall conduct research and assist with the 

13 development of standards, technologies, and applications 

14 to advance wireless public safety communications. 

15 (b) REQUIRED ACTIVITIES.—In carrying out sub16 section (a), the Director of NIST, in consultation with the 

17 Corporation and the Technical and Operations Advisory 

18 Body established under section 201(h), shall— 

19 (1) document public safety wireless communica20 tions requirements; 

21 (2) accelerate the development of the capability 

22 for communications between currently deployed pub23 lic safety narrowband systems and the public safety 

24 broadband network; 


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1 (3) establish a research plan, and direct re2 search, that addresses the wireless communications 

3 needs of public safety entities beyond what can be 

4 provided by the current generation of broadband 

5 technology; 

6 (4) accelerate the development of mission crit7 ical voice communications, including device-to-device 

8 talkaround capability over broadband networks, pub9 lic safety prioritization, authentication capabilities, 

10 and standard application programming interfaces, if 

11 necessary and practical; 

12 (5) accelerate the development of communica13 tions technology and equipment that can facilitate 

14 the eventual migration of public safety narrowband 

15 communications to the public safety broadband net16 work; 

17 (6) ensure the development and testing of new, 

18 interoperable, nonproprietary broadband technologies 

19 (including applications, devices, and device compo20 nents) that are designed to open standards to meet 

21 the needs of public safety entities; 

22 (7) seek to develop technologies, standards, 

23 processes, and architectures that provide a signifi24 cant improvement in network security, resiliency, 

25 and trustworthiness; and 


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1 (8) convene working groups of relevant govern2 ment and commercial parties in carrying out para3 graphs (1) through (7). 

4 Subtitle D—Next Generation 9–1–1 

5 Services 

6 SEC. 231. DEFINITIONS. 

7 In this subtitle: 

8 (1) 9–1–1 SERVICES, E9–1–1 SERVICES, NEXT

9 GENERATION 9–1–1 SERVICES.—The terms ‘‘9–1–1 

10 services, E9–1–1 services, and Next Generation 9– 

11 1–1 services’’ shall have the meaning given those 

12 terms in section 158 of the National Telecommuni13 cations and Information Administration Organiza14 tion Act (47 U.S.C. 942), as amended by this Act. 

15 (2) EMERGENCY CALL.—The term ‘‘emergency 

16 call’’ has the meaning given such term in section 

17 158 of the National Telecommunications and Infor18 mation Administration Organization Act (47 U.S.C. 

19 942), as amended by this Act. 

20 (3) MULTI-LINE TELEPHONE SYSTEM.—The 

21 term ‘‘multi-line telephone system’’ or ‘‘MLTS’’ 

22 means a system comprised of common control units, 

23 telephone sets, control hardware and software and 

24 adjunct systems, including network and premises 

25 based systems, such as Centrex and VoIP, as well as 


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1 PBX, Hybrid, and Key Telephone Systems (as clas2 sified by the Commission under part 68 of title 47, 

3 Code of Federal Regulations) and includes systems 

4 owned or leased by governmental agencies and non5 profit entities, as well as for profit businesses. 

6 (4) OFFICE.—The term ‘‘Office’’ means the 9– 

7 1–1 Implementation Coordination Office established 

8 under section 158 of the National Telecommuni9 cations and Information Administration Organiza10 tion Act (47 U.S.C. 942), as amended by this Act. 

11 (5) PUBLIC SAFETY ANSWERING POINT.—The 

12 term ‘‘public safety answering point’’ has the mean13 ing given the term in section 222 of the Communica14 tions Act of 1934 (47 U.S.C. 222). 

15 SEC. 232. COORDINATION OF 9–1–1 IMPLEMENTATION. 

16 Section 158 of the National Telecommunications and 

17 Information Administration Organization Act (47 U.S.C. 

18 942) is amended to read as follows: 

19 ‘‘SEC. 158. COORDINATION OF 9–1–1, E9–1–1 AND NEXT GEN20 ERATION 9–1–1 IMPLEMENTATION. 

21 ‘‘(a) 9–1–1 IMPLEMENTATION COORDINATION OF22 FICE.— 

23 ‘‘(1) ESTABLISHMENT AND CONTINUATION.— 

24 The Assistant Secretary and the Administrator of 


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1 the National Highway Traffic Safety Administration 

2 shall— 

3 ‘‘(A) establish and further a program to 

4 facilitate coordination and communication be5 tween Federal, State, and local emergency com6 munications systems, emergency personnel, 

7 public safety organizations, telecommunications 

8 carriers, and telecommunications equipment 

9 manufacturers and vendors involved in the im10 plementation of 9–1–1 services; and 

11 ‘‘(B) establish a 9–1–1 Implementation 

12 Coordination Office to implement the provisions 

13 of this section. 

14 ‘‘(2) MANAGEMENT PLAN.— 

15 ‘‘(A) DEVELOPMENT.—The Assistant Sec16 retary and the Administrator shall develop a 

17 management plan for the grant program estab18 lished under this section, including by devel19 oping— 

20 ‘‘(i) plans related to the organiza21 tional structure of such program; and 

22 ‘‘(ii) funding profiles for each fiscal 

23 year of the 5-year duration of such pro24 gram. 


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1 ‘‘(B) SUBMISSION TO CONGRESS.—Not 

2 later than 90 days after the date of enactment 

3 of the Wireless Innovation and Public Safety 

4 Act of 2011, the Assistant Secretary and the 

5 Administrator shall submit the management 

6 plan developed under subparagraph (A) to— 

7 ‘‘(i) the Committees on Commerce, 

8 Science, and Transportation and Appro9 priations of the Senate; and 

10 ‘‘(ii) the Committees on Energy and 

11 Commerce and Appropriations of the 

12 House of Representatives. 

13 ‘‘(3) PURPOSE OF OFFICE.—The Office shall— 

14 ‘‘(A) take actions, in concert with coordi15 nators designated in accordance with subsection 

16 (b)(3)(A)(ii), to improve coordination and com17 munication with respect to the implementation 

18 of 9–1–1 services, E9–1–1 services, and Next 

19 Generation 9–1–1 services; 

20 ‘‘(B) develop, collect, and disseminate in21 formation concerning practices, procedures, and 

22 technology used in the implementation of 9–1– 

23 1 services, E9–1–1 services, and Next Genera24 tion 9–1–1 services; 


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1 ‘‘(C) advise and assist eligible entities in 

2 the preparation of implementation plans re3 quired under subsection (b)(3)(A)(iii); 

4 ‘‘(D) receive, review, and recommend the 

5 approval or disapproval of applications for 

6 grants under subsection (b); and 

7 ‘‘(E) oversee the use of funds provided by 

8 such grants in fulfilling such implementation 

9 plans. 

10 ‘‘(4) REPORTS.—The Assistant Secretary and 

11 the Administrator shall provide an annual report to 

12 Congress by the first day of October of each year on 

13 the activities of the Office to improve coordination 

14 and communication with respect to the implementa15 tion of 9–1–1 services, E9–1–1 services, and Next 

16 Generation 9–1–1 services. 

17 ‘‘(b) 9–1–1, E9–1–1 AND NEXT GENERATION 9–1– 

18 1 IMPLEMENTATION GRANTS.— 

19 ‘‘(1) MATCHING GRANTS.—The Assistant Sec20 retary and the Administrator, acting through the Of21 fice, shall provide grants to eligible entities for— 

22 ‘‘(A) the implementation and operation of 

23 9–1–1 services, E9–1–1 services, migration to 

24 an IP-enabled emergency network, and adoption 


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1 and operation of Next Generation 9–1–1 serv2 ices and applications; 

3 ‘‘(B) the implementation of IP-enabled 

4 emergency services and applications enabled by 

5 Next Generation 9–1–1 services, including the 

6 establishment of IP backbone networks and the 

7 application layer software infrastructure needed 

8 to interconnect the multitude of emergency re9 sponse organizations; and 

10 ‘‘(C) training public safety personnel, in11 cluding call-takers, first responders, and other 

12 individuals and organizations who are part of 

13 the emergency response chain in 9–1–1 serv14 ices. 

15 ‘‘(2) MATCHING REQUIREMENT.—The Federal 

16 share of the cost of a project eligible for a grant 

17 under this section shall not exceed 80 percent. The 

18 non-Federal share of the cost shall be provided from 

19 non-Federal sources unless waived by the Assistant 

20 Secretary and the Administrator. 

21 ‘‘(3) COORDINATION REQUIRED.—In providing 

22 grants under paragraph (1), the Assistant Secretary 

23 and the Administrator shall require an eligible entity 

24 to certify in its application that— 


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1 ‘‘(A) in the case of an eligible entity that 

2 is a State government, the entity— 

3 ‘‘(i) has coordinated its application 

4 with the public safety answering points lo5 cated within the jurisdiction of such entity; 

6 ‘‘(ii) has designated a single officer or 

7 governmental body of the entity to serve as 

8 the coordinator of implementation of 9–1– 

9 1 services, except that such designation 

10 need not vest such coordinator with direct 

11 legal authority to implement 9–1–1 serv12 ices, E9–1–1 services, or Next Generation 

13 9–1–1 services or to manage emergency 

14 communications operations; 

15 ‘‘(iii) has established a plan for the 

16 coordination and implementation of 9–1–1 

17 services, E9–1–1 services, and Next Gen18 eration 9–1–1 services; and 

19 ‘‘(iv) has integrated telecommuni20 cations services involved in the implemen21 tation and delivery of 9–1–1 services, E9– 

22 1–1 services, and Next Generation 9–1–1 

23 services; or 

24 ‘‘(B) in the case of an eligible entity that 

25 is not a State, the entity has complied with 


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1 clauses (i), (iii), and (iv) of subparagraph (A), 

2 and the State in which it is located has com3 plied with clause (ii) of such subparagraph. 

4 ‘‘(4) CRITERIA.—Not later than 120 days after 

5 the submission of the report required under section 

6 237 of the Wireless Innovation and Public Safety 

7 Act of 2011, the Assistant Secretary and the Admin8 istrator shall issue regulations, after providing the 

9 public with notice and an opportunity to comment, 

10 prescribing the criteria for selection for grants under 

11 this section. The criteria shall include performance 

12 requirements and a timeline for completion of any 

13 project to be financed by a grant under this section. 

14 The Assistant Secretary and the Administrator shall 

15 update such regulations as necessary. 

16 ‘‘(c) DIVERSION OF 9–1–1 CHARGES.— 

17 ‘‘(1) DESIGNATED 9–1–1 CHARGES.—For the 

18 purposes of this subsection, the term ‘designated 9– 

19 1–1 charges’ means any taxes, fees, or other charges 

20 imposed by a State or other taxing jurisdiction that 

21 are designated or presented as dedicated to deliver 

22 or improve 9–1–1 services, E9–1–1 services, or Next 

23 Generation 9–1–1 services. 

24 ‘‘(2) CERTIFICATION.—Each applicant for a 

25 matching grant under this section shall certify to the 


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1 Assistant Secretary and the Administrator at the 

2 time of application, and each applicant that receives 

3 such a grant shall certify to the Assistant Secretary 

4 and the Administrator annually thereafter during 

5 any period of time during which the funds from the 

6 grant are available to the applicant, that no portion 

7 of any designated 9–1–1 charges imposed by a State 

8 or other taxing jurisdiction within which the appli9 cant is located are being obligated or expended for 

10 any purpose other than the purposes for which such 

11 charges are designated or presented during the pe12 riod beginning 180 days immediately preceding the 

13 date of the application and continuing through the 

14 period of time during which the funds from the 

15 grant are available to the applicant. 

16 ‘‘(3) CONDITION OF GRANT.—Each applicant 

17 for a grant under this section shall agree, as a con18 dition of receipt of the grant, that if the State or 

19 other taxing jurisdiction within which the applicant 

20 is located, during any period of time during which 

21 the funds from the grant are available to the appli22 cant, obligates or expends designated 9–1–1 charges 

23 for any purpose other than the purposes for which 

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1 poses other than the implementation or operation of 

2 9–1–1 services, E9–1–1 services, or Next Generation 

3 9–1–1 services, all of the funds from such grant 

4 shall be returned to the Office. 

5 ‘‘(4) PENALTY FOR PROVIDING FALSE INFOR6 MATION.—Any applicant that provides a certification 

7 under paragraph (1) knowing that the information 

8 provided in the certification was false shall— 

9 ‘‘(A) not be eligible to receive the grant 

10 under subsection (b); 

11 ‘‘(B) return any grant awarded under sub12 section (b) during the time that the certification 

13 was not valid; and 

14 ‘‘(C) not be eligible to receive any subse15 quent grants under subsection (b). 

16 ‘‘(d) AUTHORIZATION AND TERMINATION.— 

17 ‘‘(1) AUTHORIZATION.— 

18 ‘‘(A) IN GENERAL.—There are authorized 

19 to be appropriated to the Secretary of Com20 merce, for the purposes of carrying out grants 

21 under this section, $250,000,000 total for the 

22 5-year period described in subparagraph (C). 

23 ‘‘(B) LIMITATION.—Of the amounts made 

24 available to the Secretary of Commerce under 

25 this paragraph in a fiscal year, not more than 


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1 5 percent of such amounts may be obligated or 

2 expended to cover the administrative costs of 

3 carrying out this section. 

4 ‘‘(C) PERIOD.—The 5-year period under 

5 subparagraph (A) begins on the first day of the 

6 fiscal year that begins following the date of the 

7 submission of the report required under section 

8 237 of the Wireless Innovation and Public Safe9 ty Act of 2011. 

10 ‘‘(2) TERMINATION.—Effective on the day after 

11 the end of the 5-year period described in paragraph 

12 (1)(C), the authority provided by this section termi13 nates and this section shall have no effect. 

14 ‘‘(e) DEFINITIONS.—In this section: 

15 ‘‘(1) 9–1–1 SERVICES.—The term ‘9–1–1 serv16 ices’ includes both E9–1–1 services and Next Gen17 eration 9–1–1 services. 

18 ‘‘(2) E9–1–1 SERVICES.—The term ‘E9–1–1 

19 services’ means both phase I and phase II enhanced 

20 9–1–1 services, as described in section 20.18 of the 

21 Commission’s regulations (47 C.F.R. 20.18), as in 

22 effect on the date of enactment of the Wireless Inno23 vation and Public Safety Act of 2011, or as subse24 quently revised by the Commission. 

25 ‘‘(3) ELIGIBLE ENTITY.— 


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1 ‘‘(A) IN GENERAL.—The term ‘eligible en2 tity’ means a State or local government or a 

3 tribal organization (as defined in section 4(l) of 

4 the Indian Self-Determination and Education 

5 Assistance Act (25 U.S.C. 450b(l))). 

6 ‘‘(B) INSTRUMENTALITIES.—The term ‘eli7 gible entity’ includes public authorities, boards, 

8 commissions, and similar bodies created by 1 or 

9 more eligible entities described in subparagraph 

10 (A) to provide 9–1–1 service, E9–1–1 services, 

11 or Next Generation 9–1–1 services. 

12 ‘‘(C) EXCEPTION.—The term ‘eligible enti13 ty’ does not include any entity that has failed 

14 to submit the most recently required certifi15 cation under subsection (c) within 30 days after 

16 the date on which such certification is due. 

17 ‘‘(4) EMERGENCY CALL.—The term ‘emergency 

18 call’ means any real-time communication with a pub19 lic safety answering point or other emergency man20 agement or response agency, including— 

21 ‘‘(A) through voice, text, or video and re22 lated data; and 

23 ‘‘(B) nonhuman-initiated automatic event 

24 alerts, such as alarms, telematics, or sensor 


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1 data, which may also include real-time voice, 

2 text, or video communications. 

3 ‘‘(5) NEXT GENERATION 9–1–1 SERVICES.—The 

4 term ‘Next Generation 9–1–1 services’ means an IP5 based system comprised of hardware, software, data, 

6 and operational policies and procedures that— 

7 ‘‘(A) provides standardized interfaces from 

8 emergency call and message services to support 

9 emergency communications; 

10 ‘‘(B) processes all types of emergency calls, 

11 including voice, text, data, and multimedia in12 formation; 

13 ‘‘(C) acquires and integrates additional 

14 emergency call data useful to call routing and 

15 handling; 

16 ‘‘(D) delivers the emergency calls, mes17 sages, and data to the appropriate public safety 

18 answering point and other appropriate emer19 gency entities; 

20 ‘‘(E) supports data or video communica21 tions needs for coordinated incident response 

22 and management; and 

23 ‘‘(F) provides broadband service to public 

24 safety answering points or other first responder 

25 entities. 


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1 ‘‘(6) OFFICE.—The term ‘Office’ means the 9– 

2 1–1 Implementation Coordination Office. 

3 ‘‘(7) PUBLIC SAFETY ANSWERING POINT.—The 

4 term ‘public safety answering point’ has the meaning 

5 given the term in section 222 of the Communica6 tions Act of 1934 (47 U.S.C. 222). 

7 ‘‘(8) STATE.—The term ‘State’ means any 

8 State of the United States, the District of Columbia, 

9 Puerto Rico, American Samoa, Guam, the United 

10 States Virgin Islands, the Northern Mariana Is11 lands, and any other territory or possession of the 

12 United States.’’. 

13 SEC. 233. REQUIREMENTS FOR MULTI-LINE TELEPHONE 

14 SYSTEMS. 

15 (a) IN GENERAL.—Not later than 270 days after the 

16 date of enactment of this Act, the Administrator of Gen17 eral Services, in conjunction with the Office, shall issue 

18 a report to Congress identifying the 9–1–1 capabilities of 

19 the multi-line telephone system in use by all Federal agen20 cies in all Federal buildings and properties. 

21 (b) COMMISSION ACTION.— 

22 (1) IN GENERAL.—Not later than 90 days after 

23 the date of enactment of this Act, the Commission 

24 shall issue a public notice seeking comment on the 

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1 clude within all such systems manufactured or sold 

2 after a date certain, to be determined by the Com3 mission, one or more mechanisms to provide a suffi4 ciently precise indication of a 9–1–1 caller’s location, 

5 while avoiding the imposition of undue burdens on 

6 MLTS manufacturers, providers, and operators. 

7 (2) SPECIFIC REQUIREMENT.—The public no8 tice under paragraph (1) shall seek comment on the 

9 National Emergency Number Association’s ‘‘Tech10 nical Requirements Document On Model Legislation 

11 E9–1–1 for Multi-Line Telephone Systems’’ (NENA 

12 06–750, Version 2). 

13 SEC. 234. GAO STUDY OF STATE AND LOCAL USE OF 9–1–1 

14 SERVICE CHARGES. 

15 (a) IN GENERAL.—Not later than 60 days after the 

16 date of enactment of this Act, the Comptroller General 

17 of the United States shall initiate a study of— 

18 (1) the imposition of taxes, fees, or other 

19 charges imposed by States or political subdivisions 

20 of States that are designated or presented as dedi21 cated to improve emergency communications serv22 ices, including 9–1–1 services or enhanced 9–1–1 

23 services, or related to emergency communications 

24 services operations or improvements; and 


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1 (2) the use of revenues derived from such taxes, 

2 fees, or charges. 

3 (b) REPORT.—Not later than 18 months after initi4 ating the study required by subsection (a), the Comp5 troller General shall prepare and submit a report on the 

6 results of the study to the Committee on Commerce, 

7 Science, and Transportation of the Senate and the Com8 mittee on Energy and Commerce of the House of Rep9 resentatives setting forth the findings, conclusions, and 

10 recommendations, if any, of the study, including— 

11 (1) the identity of each State or political sub12 division that imposes such taxes, fees, or other 

13 charges; and 

14 (2) the amount of revenues obligated or ex15 pended by that State or political subdivision for any 

16 purpose other than the purposes for which such 

17 taxes, fees, or charges were designated or presented. 

18 SEC. 235. PARITY OF PROTECTION FOR PROVISION OR USE 

19 OF NEXT GENERATION 9–1–1 SERVICE. 

20 (a) IMMUNITY.—A provider or user of Next Genera21 tion 9–1–1 services, a public safety answering point, and 

22 the officers, directors, employees, vendors, agents, and au23 thorizing government entity (if any) of such provider, user, 

24 or public safety answering point, shall have immunity and 


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1 protection from liability under Federal and State law to 

2 the extent provided in subsection (b) with respect to— 

3 (1) the release of subscriber information related 

4 to emergency calls or emergency services; 

5 (2) the use or provision of 9–1–1 services, E9– 

6 1–1 services, or Next Generation 9–1–1 services; 

7 and 

8 (3) other matters related to 9–1–1 services, 

9 E9–1–1 services, or Next Generation 9–1–1 services. 

10 (b) SCOPE OF IMMUNITY AND PROTECTION FROM LI11 ABILITY.—The scope and extent of the immunity and pro12 tection from liability afforded under subsection (a) shall 

13 be the same as that provided under section 4 of the Wire14 less Communications and Public Safety Act of 1999 (47 

15 U.S.C. 615a) to wireless carriers, public safety answering 

16 points, and users of wireless 9–1–1 service (as defined in 

17 paragraphs (4), (3), and (6), respectively, of section 6 of 

18 that Act (47 U.S.C. 615b)) with respect to such release, 

19 use, and other matters. 

20 SEC. 236. COMMISSION PROCEEDING ON AUTODIALING. 

21 (a) IN GENERAL.—Not later than 90 days after the 

22 date of enactment of this Act, the Commission shall ini23 tiate a proceeding to create a specialized Do-Not-Call reg24 istry for public safety answering points. 


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1 (b) FEATURES OF THE REGISTRY.—The Commission 

2 shall issue regulations, after providing the public with no3 tice and an opportunity to comment, that— 

4 (1) permit verified public safety answering 

5 point administrators or managers to register the 

6 telephone numbers of all 9–1–1 trunks and other 

7 lines used for the provision of emergency services to 

8 the public or for communications between public 

9 safety agencies; 

10 (2) provide a process for verifying, no less fre11 quently than once every 7 years, that registered 

12 numbers should continue to appear upon the reg13 istry; 

14 (3) provide a process for granting and tracking 

15 access to the registry by the operators of automatic 

16 dialing equipment; 

17 (4) protect the list of registered numbers from 

18 disclosure or dissemination by parties granted access 

19 to the registry; and 

20 (5) prohibit the use of automatic dialing or 

21 ‘‘robocall’’ equipment to establish contact with reg22 istered numbers. 

23 (c) ENFORCEMENT.—The Commission shall— 

24 (1) establish monetary penalties for violations 

25 of the protective regulations established pursuant to 


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1 subsection (b)(4) of not less than $100,000 per inci2 dent nor more than $1,000,000 per incident; 

3 (2) establish monetary penalties for violations 

4 of the prohibition on automatically dialing registered 

5 numbers established pursuant to subsection (b)(5) of 

6 not less than $10,000 per call nor more than 

7 $100,000 per call; and 

8 (3) provide for the imposition of fines under 

9 paragraphs (1) or (2) that vary depending upon 

10 whether the conduct leading to the violation was 

11 negligent, grossly negligent, reckless, or willful, and 

12 depending on whether the violation was a first or 

13 subsequent offence. 

14 SEC. 237. NHTSA REPORT ON COSTS FOR REQUIREMENTS 

15 AND SPECIFICATIONS OF NEXT GENERATION 

16 9–1–1 SERVICES. 

17 (a) IN GENERAL.—Using amounts made available 

18 from the Public Safety Trust Fund under section 401, not 

19 later than 1 year after the date of enactment of this Act, 

20 the Administrator of the National Highway Traffic Safety 

21 Administration, in consultation with the Commission, the 

22 Secretary of Homeland Security, and the Office, shall pre23 pare and submit to Congress a report that analyzes and 

24 determines detailed costs for specific Next Generation 9– 

25 1–1 service requirements and specifications. 


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1 (b) CONTENTS.—The report required under sub2 section (a) shall include the following: 

3 (1) How costs would be allocated geographically 

4 or among public safety answering points, broadband 

5 service providers, and third-party providers of Next 

6 Generation 9–1–1 services. 

7 (2) An assessment of the current state of Next 

8 Generation 9–1–1 service readiness among public 

9 safety answering points. 

10 (3) How differences in public safety answering 

11 points’ access to broadband across the United States 

12 may affect costs. 

13 (4) A technical analysis and cost study of dif14 ferent delivery platforms, such as wireline, wireless, 

15 and satellite. 

16 (5) An assessment of the architectural charac17 teristics, feasibility, and limitations of Next Genera18 tion 9–1–1 service delivery. 

19 (6) An analysis of the needs for Next Genera20 tion 9–1–1 service of persons with disabilities. 

21 (7) Standards and protocols for Next Genera22 tion 9–1–1 service and for incorporating Voice over 

23 Internet Protocol and real-time text standards. 


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1 SEC. 238. FCC RECOMMENDATIONS FOR LEGAL AND STATU2 TORY FRAMEWORK FOR NEXT GENERATION 

3 9–1–1 SERVICES. 

4 Not later than 1 year after the date of enactment 

5 of this Act, the Commission, in coordination with the Sec6 retary of Homeland Security, the Administrator of the Na7 tional Highway Traffic Safety Administration, and the Of8 fice, shall prepare and submit a report to Congress that 

9 contains recommendations for the legal and statutory 

10 framework for Next Generation 9–1–1 services, consistent 

11 with recommendations in the National Broadband Plan 

12 developed by the Commission pursuant to the American 

13 Recovery and Reinvestment Act of 2009, including the fol14 lowing: 

15 (1) A legal and regulatory framework for the 

16 development of Next Generation 9–1–1 services and 

17 the transition from legacy 9–1–1 to Next Generation 

18 9–1–1 services. 

19 (2) Legal mechanisms to ensure efficient and 

20 accurate transmission of 9–1–1 caller information to 

21 emergency management or response agencies. 

22 (3) Recommendations for removing jurisdic23 tional barriers and inconsistent legacy regulations, 

24 including— 

25 (A) proposals that would require States to 

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1 tion 9–1–1 services development, while recog2 nizing the appropriate role of the States; 

3 (B) eliminating outdated 9–1–1 regula4 tions at the Federal level; and 

5 (C) preempting inconsistent State regula6 tions. 

7 TITLE III—SPECTRUM AUCTION 

8 AUTHORITY 

9 SEC. 301. DEADLINES FOR AUCTION OF CERTAIN SPEC10 TRUM. 

11 (a) IN GENERAL.— 

12 (1) AUCTION.—The Commission shall, through 

13 competitive bidding under section 309(j) of the Com14 munications Act of 1934 (47 U.S.C. 309(j)), assign 

15 licenses for the use of the electromagnetic spectrum 

16 described in paragraph (2) in accordance with the 

17 timetable set forth in paragraph (3). 

18 (2) SPECTRUM DESCRIBED.—The spectrum de19 scribed in this paragraph is the following: 

20 (A) The frequencies from 2155 megahertz 

21 to 2180 megahertz. 

22 (B) The frequencies from 1755 megahertz 

23 to 1780 megahertz, except that if— 

24 (i) the President determines that such 

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1 Federal use due to the need to protect in2 cumbent Federal operations from inter3 ference; and 

4 (ii) the President identifies other spec5 trum the reallocation for non-Federal use 

6 of which better serves the public interest, 

7 convenience, and necessity and that can 

8 reasonably be expected to produce com9 parable auction receipts; 

10 the spectrum described in this subparagraph 

11 shall be the spectrum identified by the Presi12 dent under clause (ii). 

13 (C) The frequencies from 1695 megahertz 

14 to 1710 megahertz, except for the geographic 

15 exclusion zones (as such zones may be amend16 ed) identified in the report of the NTIA pub17 lished in October 2010 and entitled ‘‘An Assess18 ment of Near-Term Viability of Accommodating 

19 Wireless Broadband Systems in 1675–1710 

20 MHz, 1755–1780 MHz, 3500–3650 MHz, and 

21 4200–4220 MHz, 4380–4400 MHz Bands’’. 

22 (D) Fifteen megahertz of contiguous spec23 trum identified by the Commission to be paired 

24 with the spectrum described in subparagraph 

25 (C). 


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1 (E) The frequencies from 1780 megahertz 

2 to 1850 megahertz, except that if— 

3 (i) the President determines that such 

4 frequencies cannot be reallocated for non5 Federal use due to the need to protect in6 cumbent Federal operations from inter7 ference; and 

8 (ii) the President identifies other spec9 trum the reallocation for non-Federal use 

10 of which better serves the public interest, 

11 convenience, and necessity and that can 

12 reasonably be expected to produce com13 parable auction receipts; 

14 the spectrum described in this subparagraph 

15 shall be the spectrum identified by the Presi16 dent under clause (ii). 

17 (3) TIMETABLE.—Notwithstanding paragraph 

18 (15)(A) of such section 309(j), the Commission shall 

19 complete all actions necessary in order to— 

20 (A) in the case of licenses for the use of 

21 the spectrum described in subparagraphs (A) 

22 and (B) of paragraph (2)— 

23 (i) commence the bidding process not 

24 later than January 31, 2014; and 


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1 (ii) deposit the available proceeds in 

2 accordance with paragraph (8) of such sec3 tion not later than June 30, 2014; 

4 (B) in the case of licenses for the use of 

5 the spectrum described in subparagraphs (C) 

6 and (D) of paragraph (2)— 

7 (i) commence the bidding process not 

8 later than January 31, 2018; and 

9 (ii) deposit the available proceeds in 

10 accordance with paragraph (8) of such sec11 tion not later than June 30, 2018; and 

12 (C) in the case of licenses for the use of 

13 the spectrum described in subparagraph (E) of 

14 paragraph (2)— 

15 (i) commence the bidding process not 

16 later than January 31, 2020; and 

17 (ii) deposit the available proceeds in 

18 accordance with paragraph (8) of such sec19 tion not later than June 30, 2020. 

20 (4) NOTIFICATION TO PRESIDENT.—Not later 

21 than 6 months before each auction of frequencies 

22 under paragraph (1) in which any frequency as23 signed to a Federal Government station will be auc24 tioned, the Commission shall notify the President of 


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1 the date when such auction will begin and the fre2 quencies to be auctioned. 

3 (5) WITHDRAWAL FROM FEDERAL USE.—Not4 withstanding section 1062(b) of the National De5 fense Authorization Act for Fiscal Year 2000 (Pub6 lic Law 106–65; 47 U.S.C. 921 note), upon receipt 

7 of a notification from the Commission under para8 graph (4) with respect to an auction of frequencies, 

9 the President shall withdraw the assignment to a 

10 Federal Government station of any such frequency. 

11 (6) DELAYED OR PHASED REALLOCATION OF

12 CERTAIN FEDERAL SPECTRUM.—If the President de13 termines that reallocation for non-Federal use of the 

14 spectrum described in subparagraph (E) of para15 graph (2) must be delayed or conducted in phases 

16 to ensure protection from interference of or con17 tinuity of incumbent Federal operations, the Presi18 dent may delay the withdrawal under paragraph (5) 

19 of the assignment of such spectrum to a Federal 

20 Government station until such time as the President 

21 considers necessary to ensure such protection, but in 

22 no case later than January 31, 2020. 

23 (b) AUCTION OF CERTAIN OTHER SPECTRUM.— 

24 (1) AUCTION.—In accordance with the time25 table set forth in paragraph (2), the Commission 


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1 shall assign through competitive bidding under sec2 tion 309(j) of the Communications Act of 1934 (47 

3 U.S.C. 309(j)), or reallocate for unlicensed use, the 

4 electromagnetic spectrum between the frequencies 

5 from 3550 megahertz to 3650 megahertz, except for 

6 the geographic exclusion zones (as such zones may 

7 be amended) identified in the report of the NTIA 

8 published in October 2010 and entitled ‘‘An Assess9 ment of Near-Term Viability of Accommodating 

10 Wireless Broadband Systems in 1675–1710 MHz, 

11 1755–1780 MHz, 3500–3650 MHz, and 4200–4220 

12 MHz, 4380–4400 MHz Bands’’. 

13 (2) TIMETABLE.—Notwithstanding paragraph 

14 (15)(A) of such section, the Commission shall com15 plete all actions necessary in order to— 

16 (A) commence the bidding process, or com17 mence reallocation for unlicensed use, not later 

18 than 3 years after the date of the enactment of 

19 this Act; and 

20 (B) deposit the available proceeds in ac21 cordance with paragraph (8) of such section not 

22 later than 6 months thereafter. 

23 (3) NOTIFICATION TO PRESIDENT.—Not later 

24 than 6 months before each auction of frequencies 

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1 censed use of any frequency described in such para2 graph, the Commission shall notify the President of 

3 the date when such auction will begin or such re4 allocation will occur and the frequencies to be auc5 tioned or reallocated. 

6 (4) WITHDRAWAL FROM FEDERAL USE.—Upon 

7 receipt of a notification from the Commission under 

8 paragraph (3) with respect to an auction or realloca9 tion of frequencies, the President shall withdraw the 

10 assignment to a Federal Government station of any 

11 such frequency. 

12 (c) AUCTION PROCEEDS.—Section 309(j)(8) of the 

13 Communications Act of 1934 (47 U.S.C. 309(j)(8)) is 

14 amended— 

15 (1) in subparagraph (A), by striking ‘‘(B), (D), 

16 and (E),’’ and inserting ‘‘(B), (D), (E), (F), and 

17 (G),’’; 

18 (2) in subparagraph (C)— 

19 (A) in clause (i), by striking ‘‘subpara20 graph (E)(ii)’’ and inserting ‘‘subparagraphs 

21 (D)(ii), (E)(ii), (F), and (G)(iv)’’; and 

22 (B) in clause (iii)— 

23 (i) by striking the period at the end 

24 and inserting a semicolon; 


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1 (ii) by striking ‘‘shall be’’ and insert2 ing the following: 

3 ‘‘(I) before the date of the enact4 ment of the Wireless Innovation and 

5 Public Safety Act of 2011, shall be’’; 

6 and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(II) during the 10-year period 

10 beginning on the date of the enact11 ment of the Wireless Innovation and 

12 Public Safety Act of 2011, shall be 

13 transferred to the Public Safety 

14 Broadband Corporation established 

15 under section 201(a)(1) of such Act 

16 for use by the Corporation to carry 

17 out its duties and responsibilities 

18 under titles I and II of such Act; and 

19 ‘‘(III) after such period, shall be 

20 transferred to the general fund of the 

21 Treasury for the sole purpose of def22 icit reduction.’’; 

23 (3) in subparagraph (D)— 


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1 (A) by striking the heading and inserting 

2 ‘‘PROCEEDS FROM REALLOCATED FEDERAL

3 SPECTRUM’’; 

4 (B) by striking ‘‘Cash’’ and inserting the 

5 following: 

6 ‘‘(i) IN GENERAL.—Except as pro7 vided in clause (ii), cash’’; and 

8 (C) by adding at the end the following: 

9 ‘‘(ii) CERTAIN OTHER PROCEEDS.— 

10 Except as provided in subparagraph (B), 

11 in the case of proceeds (including deposits 

12 and upfront payments from successful bid13 ders) attributable to the auction of eligible 

14 frequencies described in paragraph (2) of 

15 section 113(g) of the National Tele16 communications and Information Adminis17 tration Organization Act that are required 

18 to be auctioned by subsection (a)(1) or 

19 (b)(1) of section 301 of the Wireless Inno20 vation and Public Safety Act of 2011, such 

21 portion of such proceeds as is necessary to 

22 cover the relocation costs and sharing costs 

23 (as defined in paragraph (3) of such sec24 tion 113(g)) of Federal entities relocated 

25 from or sharing such eligible frequencies 


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1 shall be deposited in the Spectrum Reloca2 tion Fund. The remainder of such proceeds 

3 shall be deposited in the Public Safety 

4 Trust Fund established by section 

5 401(a)(1) of such Act.’’; and 

6 (4) by adding at the end the following new sub7 paragraph: 

8 ‘‘(F) CERTAIN PROCEEDS DESIGNATED

9 FOR PUBLIC SAFETY TRUST FUND.—Except as 

10 provided in subparagraphs (B) and (D), the 

11 proceeds (including deposits and upfront pay12 ments from successful bidders) from the use of 

13 a system of competitive bidding under this sub14 section pursuant to subsections (a)(1) and 

15 (b)(1) of section 301 of the Wireless Innovation 

16 and Public Safety Act of 2011 shall be depos17 ited in the Public Safety Trust Fund estab18 lished by section 401(a)(1) of such Act.’’. 

19 (d) EXTENSION OF AUCTION AUTHORITY.—Section 

20 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 

21 309(j)(11)) is amended by striking ‘‘2012’’ and inserting 

22 ‘‘2021’’. 

23 SEC. 302. INCENTIVE AUCTION AUTHORITY. 

24 (a) IN GENERAL.—Section 309(j)(8) of the Commu25 nications Act of 1934, as amended by section 301(c), is 


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1 further amended by adding at the end the following new 

2 subparagraph: 

3 ‘‘(G) INCENTIVE AUCTION AUTHORITY.— 

4 ‘‘(i) IN GENERAL.—If the Commission 

5 determines that it is consistent with the 

6 public interest in utilization of the spec7 trum for a licensee to voluntarily relinquish 

8 some or all of its licensed rights for the 

9 use of spectrum in order to permit— 

10 ‘‘(I) through competitive bidding 

11 under this subsection, the assignment 

12 of initial licenses subject to new serv13 ice rules, on a flexible-use basis to the 

14 extent technologically feasible; or 

15 ‘‘(II) the allocation of spectrum 

16 for unlicensed use; 

17 the Commission may disburse to such li18 censee, from the proceeds from competitive 

19 bidding for any spectrum usage rights 

20 made available by reason of 

21 relinquishments under this subparagraph, 

22 an amount that the Commission considers 

23 appropriate, based on the value of the 

24 rights relinquished by such licensee. 


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1 ‘‘(ii) FACTORS FOR CONSIDER2 ATION.—In considering whether to accept 

3 the voluntary relinquishment of licensed 

4 spectrum usage rights of a licensee and 

5 share proceeds with such licensee under 

6 clause (i), the Commission shall consider 

7 the following factors: 

8 ‘‘(I) The conditions under which 

9 such licensee could maintain the li10 cense and whether such licensee is in 

11 compliance with the license terms. 

12 ‘‘(II) The extent to which such 

13 relinquishment would serve the public 

14 interest, convenience, and necessity. 

15 ‘‘(iii) COVERAGE AREA REQUIRE16 MENTS.—In assigning licenses under this 

17 subparagraph, the Commission shall make 

18 all reasonable efforts to ensure that there 

19 is an adequate opportunity for applicants 

20 to submit bids for licenses covering both 

21 large and small geographic areas, as such 

22 areas are determined by the Commission. 

23 ‘‘(iv) TREATMENT OF REVENUES.— 

24 Except as provided in subparagraph (B), 

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1 front payments from successful bidders) 

2 from the auction of spectrum usage rights 

3 made available by relinquishments under 

4 this subparagraph shall be deposited in the 

5 Public Safety Trust Fund established by 

6 section 401(a)(1) of the Wireless Innova7 tion and Public Safety Act of 2011.’’. 

8 (b) SPECIAL RULES FOR TELEVISION BROADCAST

9 SPECTRUM.— 

10 (1) GENERAL AUTHORITY TO REORGANIZE.—In 

11 order to create a geographically contiguous band of 

12 spectrum across the United States, the Commission 

13 shall— 

14 (A) create a framework to make available 

15 such portions of the television broadcast spec16 trum as the Commission considers appropriate; 

17 and 

18 (B) require television broadcast station li19 censees and other licensees to relocate, as the 

20 Commission considers appropriate. 

21 (2) VOLUNTARY NATURE OF INCENTIVE AUC22 TIONS.—Except as provided in paragraphs (3) and 

23 (4), reclamation or modification of spectrum usage 

24 rights of a television broadcast station licensee for 

25 the purpose of providing spectrum usage rights to 


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1 carry out an incentive auction under subparagraph 

2 (G) of section 309(j)(8) of the Communications Act 

3 of 1934, as added by subsection (a), shall be on a 

4 voluntary basis. 

5 (3) RECLAMATION IN EXCHANGE FOR RIGHTS

6 TO SUBSTANTIALLY EQUIVALENT SPECTRUM.— 

7 (A) IN GENERAL.—The Commission may 

8 reclaim the spectrum usage rights of a tele9 vision broadcast station licensee for the purpose 

10 of providing spectrum usage rights to carry out 

11 an incentive auction under section 309(j)(8)(G) 

12 of the Communications Act of 1934 if the Com13 mission assigns to such licensee the rights to 

14 use an identical amount of contiguous spec15 trum, in the same geographic market. 

16 (B) SUBSTANTIAL EQUIVALENCE.—The 

17 Commission shall ensure, to the extent tech18 nically feasible, in the public interest, and con19 sistent with the goals of the auction, that spec20 trum usage rights assigned under subparagraph 

21 (A) enable a licensee to offer service that is 

22 substantially similar in service contour, popu23 lation covered, and amount of harmful inter24 ference to the service offered by such licensee 

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1 claimed by the Commission under such sub2 paragraph. 

3 (C) RELOCATION COSTS.—The costs in4 curred by a licensee in relocating to an identical 

5 amount of spectrum under subparagraph (A) 

6 shall be paid from the Incentive Auction Relo7 cation Fund established by paragraph (6). 

8 (4) MODIFICATION OF RIGHTS AND COMPENSA9 TION.— 

10 (A) MODIFICATION.—If the Commission 

11 determines that it is in the public interest to 

12 modify the spectrum usage rights of a television 

13 broadcast station licensee for the purpose of 

14 providing spectrum usage rights to carry out an 

15 incentive auction under section 309(j)(8)(G) of 

16 the Communications Act of 1934, the Commis17 sion may make the modification and com18 pensate such licensee for the reduction in spec19 trum usage rights from the Incentive Auction 

20 Relocation Fund established by paragraph (6). 

21 (B) LEAST MODIFICATION TECHNICALLY

22 FEASIBLE.—To the extent technically feasible 

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1 graph (A), the Commission shall make reason2 able efforts to— 

3 (i) preserve the amount of population 

4 covered by the signal of such licensee with5 in the service area of such licensee; and 

6 (ii) avoid any substantial increase in 

7 harmful interference to the signal of such 

8 licensee as a result of the modification. 

9 (5) LIMITATIONS.— 

10 (A) CO-LOCATION.—In the reorganization 

11 of the television broadcast spectrum under this 

12 subsection— 

13 (i) the Commission may not involun14 tarily co-locate multiple television broad15 cast station licensees on the same channel; 

16 and 

17 (ii) each television broadcast station 

18 licensee voluntarily electing to be co-lo19 cated shall have the carriage rights under 

20 sections 338, 614, and 615 of the Commu21 nications Act of 1934 (47 U.S.C. 338; 

22 534; 535) that it would have had if it had 

23 been the sole television broadcast station 

24 licensee located at the shared location on 

25 November 30, 2010. 


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1 (B) NO INVOLUNTARY RELOCATION FROM

2 UHF TO VHF.—In the reorganization of the tel3 evision broadcast spectrum under this sub4 section, the Commission may not involuntarily 

5 reassign a licensee from a television channel lo6 cated between 470 megahertz and 608 mega7 hertz to a television channel located between 54 

8 megahertz and 216 megahertz. 

9 (6) ESTABLISHMENT OF INCENTIVE AUCTION

10 RELOCATION FUND.— 

11 (A) IN GENERAL.—There is established in 

12 the Treasury of the United States a fund to be 

13 known as the Incentive Auction Relocation 

14 Fund. 

15 (B) DEPOSITS.—There shall be deposited 

16 in the Incentive Auction Relocation Fund the 

17 amounts specified in section 401(b)(2). 

18 (C) AVAILABILITY.—Amounts in the In19 centive Auction Relocation Fund shall be avail20 able to the Assistant Secretary for use— 

21 (i) without fiscal year limitation; 

22 (ii) without further appropriation; 

23 (iii) in the case of availability for pay24 ment of the costs of a particular television 

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1 paragraph (D)(i)(I), for a period not to ex2 ceed 18 months following the latest of— 

3 (I) completion of the auction 

4 under section 309(j) of the Commu5 nications Act of 1934 (47 U.S.C. 

6 309(j)) from which such amounts 

7 were derived; 

8 (II) the issuance by the Commis9 sion to such licensee of a construction 

10 permit to allow such licensee to 

11 change channels or geographic loca12 tions; or 

13 (III) notification by such licensee 

14 to the Assistant Secretary that such 

15 licensee has incurred or will incur 

16 costs as a result of such a change; 

17 (iv) in the case of availability for pay18 ment of costs of a particular multichannel 

19 video programming distributor described in 

20 subparagraph (D)(i)(II), for a period not 

21 to exceed 18 months following the later 

22 of— 

23 (I) completion of the auction 

24 under section 309(j) of the Commu25 nications Act of 1934 (47 U.S.C. 


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1 309(j)) from which such amounts 

2 were derived; or 

3 (II) notification by such multi4 channel video programming dis5 tributor to the Assistant Secretary 

6 that such multichannel video pro7 gramming distributor has incurred or 

8 will incur such costs; and 

9 (v) before January 1, 2018. 

10 (D) USE OF FUNDS.— 

11 (i) IN GENERAL.—Amounts in the In12 centive Auction Relocation Fund may only 

13 be used by the Assistant Secretary, in con14 sultation with the Commission, to cover— 

15 (I) the costs, including the costs 

16 of new equipment, installation, and 

17 construction (including the costs of 

18 tower, antenna, transmitter, and 

19 transmission line upgrades), incurred 

20 by television broadcast station licens21 ees as a result of— 

22 (aa) relocation to an iden23 tical amount of contiguous spec24 trum under paragraph (3); or 


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1 (bb) modification of spec2 trum usage rights under para3 graph (4); 

4 (II) the costs of multichannel 

5 video programming distributors (as 

6 defined in section 602(13) of the 

7 Communications Act of 1934 (47 

8 U.S.C. 522(13))) to continue com9 plying with any carriage obligations 

10 under sections 338, 614, and 615 of 

11 such Act (47 U.S.C. 338; 534; 535), 

12 if such costs were incurred as a result 

13 of— 

14 (aa) voluntary relinquish15 ment by television broadcast sta16 tion licensees of spectrum usage 

17 rights under section 309(j)(8)(G) 

18 of such Act; 

19 (bb) relocation of television 

20 broadcast station licensees to an 

21 identical amount of contiguous 

22 spectrum under paragraph (3); 

23 or 

24 (cc) modification of the 

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1 vision broadcast station licensees 

2 under paragraph (4); and 

3 (III) the expenses incurred by 

4 the Assistant Secretary in admin5 istering the Fund. 

6 (ii) PROHIBITION.—Amounts in the 

7 Incentive Auction Relocation Fund may 

8 not be used to cover— 

9 (I) lost revenues; or 

10 (II) costs incurred by a television 

11 broadcast station licensee as a result 

12 of a voluntary relinquishment of 

13 rights. 

14 (iii) REASONABLENESS.—The Assist15 ant Secretary may only make payments 

16 under clause (i) to cover costs that were 

17 reasonably incurred, as determined by the 

18 Assistant Secretary, in consultation with 

19 the Commission. 

20 (7) CONFIDENTIALITY.—The Commission shall 

21 protect the confidentiality of the identity of a tele22 vision broadcast station licensee offering to relin23 quish spectrum usage rights under section 

24 309(j)(8)(G) of the Communications Act of 1934 

25 until the relinquishment becomes effective. 


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1 (8) DEADLINES FOR REORGANIZATION OF TEL2 EVISION BROADCAST SPECTRUM.— 

3 (A) RULEMAKING.—Not later than 18 

4 months after the date of the enactment of this 

5 Act, the Commission shall complete a rule6 making proceeding to establish a process for 

7 carrying out the reorganization of the television 

8 broadcast spectrum under this subsection. 

9 (B) AUCTIONS.—The Commission shall 

10 take all actions necessary in order to, with re11 spect to the portions of the television broadcast 

12 spectrum made available through the reorga13 nization under this subsection— 

14 (i) not later than January 31, 2016— 

15 (I) commence the bidding process 

16 under section 309(j)(8)(G) of the 

17 Communications Act of 1934 to as18 sign initial licenses subject to new 

19 service rules, on a flexible-use basis to 

20 the extent technologically feasible; or 

21 (II) allocate such spectrum for 

22 unlicensed use; and 

23 (ii) not later than June 30, 2016, de24 posit the available proceeds in accordance 

25 with such section. 


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1 (9) LIMITATION.—During the period beginning 

2 on the date of the enactment of this Act and ending 

3 on June 30, 2016, the Commission may conduct 

4 only 1 process involving reorganization of the tele5 vision broadcast spectrum under this subsection. 

6 (10) CERTAIN PROVISIONS INAPPLICABLE.— 

7 The following provisions of the Communications Act 

8 of 1934 shall not apply in the case of the reorga9 nization of television broadcast spectrum under this 

10 subsection or the auction under section 309(j)(8)(G) 

11 of such Act of the spectrum made available through 

12 such reorganization: section 307(b), the 2nd and 3rd 

13 sentences and subparagraphs (A) and (F) of section 

14 309(j)(3), subparagraphs (A), (C), and (D) of sec15 tion 309(j)(4), section 309(j)(15)(A), section 316, 

16 and section 331. 

17 (11) DEFINITIONS.—In this subsection: 

18 (A) TELEVISION BROADCAST SPECTRUM.— 

19 The term ‘‘television broadcast spectrum’’ 

20 means the portions of the electromagnetic spec21 trum between the frequencies from 54 mega22 hertz to 72 megahertz, from 76 megahertz to 

23 88 megahertz, from 174 megahertz to 216 

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1 hertz, and from 614 megahertz to 698 mega2 hertz. 

3 (B) TELEVISION BROADCAST STATION LI4 CENSEE.—The term ‘‘television broadcast sta5 tion licensee’’ means the licensee of— 

6 (i) a full-power television station; or 

7 (ii) low-power television station that 

8 has been accorded primary status as a 

9 Class A television licensee under section 

10 73.6001(a) of title 47, Code of Federal 

11 Regulations. 

12 (12) EXPIRATION.—The preceding paragraphs 

13 of this subsection, except paragraphs (6) and (11), 

14 shall not apply after June 30, 2016. 

15 (c) INCENTIVE AUCTIONS TO REPURPOSE CERTAIN

16 MOBILE SATELLITE SERVICE SPECTRUM FOR TERRES17 TRIAL BROADBAND USE.— 

18 (1) IN GENERAL.—To the extent that the Com19 mission makes available, after the date of the enact20 ment of this Act, initial spectrum licenses for the 

21 use of some or all of the spectrum described in para22 graph (2) for terrestrial broadband use, such li23 censes shall be assigned through a system of com24 petitive bidding under section 309(j) of the CommuVerDate Mar 15 2010 21:27 Nov 30, 2011 Jkt 099200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H3509.IH H3509

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1 nications Act of 1934 (47 U.S.C. 309(j)), including, 

2 as appropriate, paragraph (8)(G) of such section. 

3 (2) SPECTRUM DESCRIBED.—The spectrum de4 scribed in this paragraph is the following: 

5 (A) The frequencies from 1525 megahertz 

6 to 1544 megahertz, from 1545 megahertz to 

7 1559 megahertz, from 1626.5 megahertz to 

8 1645.5 megahertz, and from 1646.5 megahertz 

9 to 1660.5 megahertz (the L band). 

10 (B) The frequencies from 1610 megahertz 

11 to 1626.5 megahertz and from 2483.5 mega12 hertz to 2500 megahertz (the Big LEO band). 

13 (C) The frequencies from 2000 megahertz 

14 to 2020 megahertz and from 2180 megahertz 

15 to 2200 megahertz (the S band). 

16 (3) RETENTION OF COMMISSION AUTHORITY.— 

17 Nothing in this subsection shall modify or restrict 

18 the authority of the Commission to grant a waiver 

19 under section 316 of the Communications Act of 

20 1934 (47 U.S.C. 316) to an existing mobile satellite 

21 service licensee to afford such licensee additional 

22 flexibility to provide terrestrial broadband services. 


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1 TITLE IV—PUBLIC SAFETY 

2 TRUST FUND 

3 SEC. 401. PUBLIC SAFETY TRUST FUND. 

4 (a) ESTABLISHMENT OF PUBLIC SAFETY TRUST

5 FUND.— 

6 (1) IN GENERAL.—There is established in the 

7 Treasury of the United States a trust fund to be 

8 known as the Public Safety Trust Fund. 

9 (2) DEPOSIT OF RECEIPTS.— 

10 (A) IN GENERAL.—There shall be depos11 ited in the Public Safety Trust Fund the pro12 ceeds from the auction of spectrum required to 

13 be deposited in the Fund by subparagraphs 

14 (D)(ii), (F), and (G) of section 309(j)(8) of the 

15 Communications Act of 1934, as added by sec16 tions 301(c)(3)(C), 301(c)(4), and 302(a), re17 spectively. 

18 (B) AVAILABILITY.—Amounts deposited in 

19 the Public Safety Trust Fund in accordance 

20 with subparagraph (A) shall remain available 

21 through fiscal year 2021. After the end of such 

22 fiscal year, such amounts shall be deposited in 

23 the general fund of the Treasury, where such 

24 amounts shall be dedicated for the sole purpose 

25 of deficit reduction. 


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1 (b) USE OF FUND.—Amounts deposited in the Public 

2 Safety Trust Fund shall be used in the following manner: 

3 (1) PAYMENT OF INCENTIVE AMOUNTS.— 

4 (A) DISBURSALS.—Amounts in the Public 

5 Safety Trust Fund shall be used to make the 

6 disbursals permitted by section 309(j)(8)(G)(i) 

7 of the Communications Act of 1934 to licensees 

8 who voluntarily relinquished licensed spectrum 

9 usage rights under such section. 

10 (B) NOTIFICATION TO CONGRESS.— 

11 (i) IN GENERAL.—At least 3 months 

12 before any incentive auction conducted 

13 under section 309(j)(8)(G) of the Commu14 nications Act of 1934, the Chairman of the 

15 Commission, in consultation with the Di16 rector of the Office of Management and 

17 Budget, shall notify the appropriate com18 mittees of Congress— 

19 (I) of the methodology for calcu20 lating any disbursals described in sub21 paragraph (A) that will be made from 

22 the proceeds of such auction; and 

23 (II) that such methodology con24 siders the value of the spectrum vol25 untarily relinquished in its current use 


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1 and the timeliness with which the li2 censee cleared its use of such spec3 trum. 

4 (ii) DEFINITION.—In this subpara5 graph, the term ‘‘appropriate committees 

6 of Congress’’ means— 

7 (I) the Committee on Commerce, 

8 Science, and Transportation of the 

9 Senate; 

10 (II) the Committee on Appropria11 tions of the Senate; 

12 (III) the Committee on Energy 

13 and Commerce of the House of Rep14 resentatives; and 

15 (IV) the Committee on Appro16 priations of the House of Representa17 tives. 

18 (2) INCENTIVE AUCTION RELOCATION FUND.— 

19 Not less than 5 percent but not more than 

20 $1,000,000,000 of the amounts in the Public Safety 

21 Trust Fund shall be deposited in the Incentive Auc22 tion Relocation Fund established by section 

23 302(b)(6)(A). 

24 (3) STATE, LOCAL, AND TRIBAL PLANNING AND

25 IMPLEMENTATION FUND.—$250,000,000 shall be 


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1 deposited in the State, Local, and Tribal Planning 

2 and Implementation Fund established by section 

3 211(a). 

4 (4) PUBLIC SAFETY BROADBAND CORPORA5 TION.—$11,000,000,000 shall be deposited with the 

6 Public Safety Broadband Corporation established 

7 under section 201(a) for ensuring the construction, 

8 management, maintenance, and operation of the 

9 public safety broadband network. 

10 (5) PUBLIC SAFETY RESEARCH AND DEVELOP11 MENT.—$40,000,000 per year for each of the fiscal 

12 years 2012 through 2016 shall be made available for 

13 use by the Director of NIST to carry out the re14 search program established under section 221. 

15 (6) NHTSA REPORT ON NEXT GENERATION 9– 

16 1–1 SERVICES.—$2,000,000 shall be made available 

17 for fiscal years 2012 and 2013 for use by the Ad18 ministrator of the National Highway Traffic Safety 

19 Administration to prepare the report on Next Gen20 eration 9–1–1 services required by section 237. 

21 (7) DEFICIT REDUCTION.—Any amounts re22 maining in the Public Safety Trust Fund after the 

23 deduction of the amounts required by paragraphs 

24 (1) through (6) shall be deposited in the general 


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1 fund of the Treasury, where such amounts shall be 

2 dedicated for the sole purpose of deficit reduction. 

3 (c) INVESTMENT.—Amounts in the Public Safety 

4 Trust Fund shall be invested in accordance with section 

5 9702 of title 31, United States Code, and any interest on, 

6 and proceeds from, any such investment shall be credited 

7 to, and become a part of, the Fund. 

8 TITLE V—SPECTRUM POLICY 

9 SEC. 501. SPECTRUM INVENTORY. 

10 Part B of title I of the National Telecommunications 

11 and Information Administration Organization Act (47 

12 U.S.C. 921 et seq.) is amended by adding at the end the 

13 following: 

14 ‘‘SEC. 119. SPECTRUM INVENTORY. 

15 ‘‘(a) RADIO SPECTRUM INVENTORY.—In order to 

16 promote the efficient use of the electromagnetic spectrum, 

17 the Assistant Secretary and the Commission shall coordi18 nate and carry out each of the following activities not later 

19 than 1 year after the date of enactment of this section: 

20 ‘‘(1) Except as provided in subsection (e), cre21 ate an inventory of each radio spectrum band of fre22 quencies listed in the United States Table of Fre23 quency Allocations, from 225 megahertz to, at a 

24 minimum, 3.7 gigahertz, and to 10 gigahertz unless 

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1 mine that the burden of expanding the inventory 

2 outweighs the benefit, that includes— 

3 ‘‘(A) the radio services authorized to oper4 ate in each band of frequencies; 

5 ‘‘(B) the identity of each Federal or non6 Federal user within each such radio service au7 thorized to operate in each band of frequencies; 

8 ‘‘(C) the activities, capabilities, functions, 

9 or missions (including whether such activities, 

10 capabilities, functions, or missions are space11 based, air-based, or ground-based) supported by 

12 the transmitters, end-user terminals or receiv13 ers, or other radio frequency devices authorized 

14 to operate in each band of frequencies; 

15 ‘‘(D) the total amount of spectrum, by 

16 band of frequencies, assigned or licensed to 

17 each Federal or non-Federal user (in percent18 age terms and in sum) and the geographic 

19 areas covered by their respective assignments or 

20 licenses; and 

21 ‘‘(E) to the greatest extent possible— 

22 ‘‘(i) the approximate number of trans23 mitters, end-user terminals or receivers, or 

24 other radio frequency devices authorized to 

25 operate, as appropriate to characterize the 


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1 extent of use of each radio service in each 

2 band of frequencies; 

3 ‘‘(ii) an approximation of the extent 

4 to which each Federal or non-Federal user 

5 is using, by geography, each band of fre6 quencies, such as the amount and percent7 age of time of use, number of end users, 

8 or other measures as appropriate to the 

9 particular band and radio service; 

10 ‘‘(iii) contour maps or other informa11 tion that illustrates the coverage area, re12 ceiver performance, and other parameters 

13 relevant to an assessment of the avail14 ability of spectrum in each band; 

15 ‘‘(iv) for each band or range of fre16 quencies, the identity of each entity offer17 ing unlicensed services and the types and 

18 approximate number of unlicensed inten19 tional radiators verified or certified by the 

20 Commission that are authorized to operate; 

21 and 

22 ‘‘(v) for non-Federal users, any com23 mercial names under which facilities-based 

24 service is offered to the public using the 

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1 ing the commercial names under which the 

2 spectrum is being offered through resale. 

3 ‘‘(2) Except as provided in subsection (e), cre4 ate a centralized portal or Web site to make the in5 ventory of the bands of frequencies required under 

6 paragraph (1) available to the public. 

7 ‘‘(b) USE OF AGENCY RESOURCES.—In creating the 

8 inventory described in subsection (a)(1), the Assistant 

9 Secretary and the Commission shall first use agency re10 sources, including existing databases, field testing, and 

11 recordkeeping systems, and only request information from 

12 Federal and non-Federal users if such information cannot 

13 be obtained using such agency resources. 

14 ‘‘(c) REPORTS.— 

15 ‘‘(1) IN GENERAL.—Except as provided in sub16 section (e), not later than 2 years after the date of 

17 enactment of this section and biennially thereafter, 

18 the Assistant Secretary and the Commission shall 

19 submit a report to the Committee on Commerce, 

20 Science, and Transportation of the Senate and to 

21 the Committee on Energy and Commerce of the 

22 House of Representatives containing— 

23 ‘‘(A) the results of the inventory created 

24 under subsection (a)(1), including any update 


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1 to the information in the inventory pursuant to 

2 subsection (d); 

3 ‘‘(B) a description of any information the 

4 Assistant Secretary or the Commission deter5 mines is necessary for such inventory but that 

6 is unavailable; and 

7 ‘‘(C) a description of any information not 

8 provided by any Federal or non-Federal user in 

9 accordance with subsections (e)(1)(B)(ii) and 

10 (e)(2)(C)(ii). 

11 ‘‘(2) RELOCATION REPORT.— 

12 ‘‘(A) IN GENERAL.—Except as provided in 

13 subsection (e), the Assistant Secretary and the 

14 Commission shall submit a report to the Com15 mittee on Commerce, Science, and Transpor16 tation of the Senate and the Committee on En17 ergy and Commerce of the House of Represent18 atives containing a recommendation of which 

19 spectrum, if any, should be reallocated or other20 wise made available for shared access and an 

21 explanation of the basis for that recommenda22 tion. 

23 ‘‘(B) DEADLINES.—The report required 

24 under subparagraph (A) shall be submitted not 


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1 later than 2 years after the date of enactment 

2 of this section and every 2 years thereafter. 

3 ‘‘(3) INVENTORY REPORT.—If the Assistant 

4 Secretary and the Commission have not conducted 

5 an inventory under subsection (a) to 10 gigahertz at 

6 least 90 days before the third report required under 

7 paragraph (1) is submitted, the Assistant Secretary 

8 and the Commission shall include an evaluation in 

9 such report and in every report thereafter of wheth10 er the burden of expanding the inventory to 10 

11 gigahertz outweighs the benefit until such time as 

12 the Assistant Secretary and the Commission have 

13 conducted the inventory to 10 gigahertz. 

14 ‘‘(d) MAINTENANCE AND UPDATING OF INFORMA15 TION.—After the creation of the inventory required by 

16 subsection (a)(1), the Assistant Secretary and the Com17 mission shall make all reasonable efforts to maintain and 

18 update the information required under such subsection on 

19 a quarterly basis, including when there is a transfer or 

20 auction of a license or a change in a permanent assign21 ment or license. 

22 ‘‘(e) NATIONAL SECURITY AND PUBLIC SAFETY IN23 FORMATION.— 

24 ‘‘(1) NONDISCLOSURE.— 


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1 ‘‘(A) IN GENERAL.—If the head of an ex2 ecutive agency of the Federal Government de3 termines that public disclosure of certain infor4 mation held by that agency or a licensee of non5 Federal spectrum and required by subsection 

6 (a), (c), or (d) would reveal classified national 

7 security information or other information for 

8 which there is a legal basis for nondisclosure 

9 and such public disclosure would be detrimental 

10 to national security, homeland security, or pub11 lic safety, the agency head shall notify the As12 sistant Secretary of that determination and 

13 shall include descriptions of the activities, capa14 bilities, functions, or missions (including wheth15 er they are space-based, air-based, or ground16 based) supported by the information being with17 held. 

18 ‘‘(B) INFORMATION PROVIDED.—The 

19 agency head shall provide to the Assistant Sec20 retary— 

21 ‘‘(i) the publicly releasable informa22 tion required by subsection (a)(1); 

23 ‘‘(ii) to the maximum extent prac24 ticable, a summary description, suitable for 

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1 curity information or other information for 

2 which there is a legal basis for nondisclo3 sure; and 

4 ‘‘(iii) a classified annex, under appro5 priate cover, containing the classified na6 tional security information or other infor7 mation for which there is a legal basis for 

8 nondisclosure that the agency head has de9 termined must be withheld from public dis10 closure. 

11 ‘‘(2) PUBLIC SAFETY NONDISCLOSURE.— 

12 ‘‘(A) IN GENERAL.—If a licensee of non13 Federal spectrum determines that public disclo14 sure of certain information held by that licensee 

15 and required to be submitted by subsection (a), 

16 (c), or (d) would reveal information for which 

17 public disclosure would be detrimental to public 

18 safety, or the licensee is otherwise prohibited by 

19 law from disclosing the information, the licensee 

20 may petition the Commission for a partial or 

21 total exemption from inclusion on the central22 ized portal or Web site under subsection (a)(2) 

23 and in the report required by subsection (c). 

24 ‘‘(B) BURDEN.—The licensee seeking an 

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1 den of justifying the exemption and shall pro2 vide clear and convincing evidence to support 

3 such an exemption. 

4 ‘‘(C) INFORMATION REQUIRED.—If an ex5 emption is granted under this paragraph, the li6 censee shall provide to the Commission— 

7 ‘‘(i) the publicly releasable informa8 tion required by subsection (a)(1) for the 

9 inventory; 

10 ‘‘(ii) to the maximum extent prac11 ticable, a summary description, suitable for 

12 public release, of the information for which 

13 public disclosure would be detrimental to 

14 public safety or the licensee is otherwise 

15 prohibited by law from disclosing; and 

16 ‘‘(iii) an annex, under appropriate 

17 cover, containing the information that the 

18 Commission has determined should be 

19 withheld from public disclosure. 

20 ‘‘(3) ADDITIONAL DISCLOSURE.—The annexes 

21 required under paragraphs (1)(B)(iii) and (2)(C)(iii) 

22 shall be provided to the congressional committees 

23 listed in subsection (c), but shall not be disclosed to 

24 the public under subsection (a) or subsection (d) or 


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1 provided to any unauthorized person through any 

2 other means. 

3 ‘‘(4) NATIONAL SECURITY COUNCIL CONSULTA4 TION.—Prior to the release of the inventory under 

5 subsection (a), any updates to the inventory result6 ing from subsection (d), or the submission of a re7 port under subsection (c)(1), the Assistant Secretary 

8 and the Commission shall consult with the National 

9 Security Council for a period not to exceed 30 days 

10 for the purposes of determining what additional in11 formation, if any, shall be withheld from the public. 

12 ‘‘(f) PROPRIETARY INFORMATION.—In creating and 

13 maintaining the inventory, centralized portal or Web site, 

14 and reports under this section, the Assistant Secretary 

15 and the Commission shall follow their rules and practice 

16 regarding confidential and proprietary information. Noth17 ing in this subsection shall be construed to compel the 

18 Commission to make publicly available any confidential or 

19 proprietary information.’’. 

20 SEC. 502. FEDERAL SPECTRUM PLANNING. 

21 (a) REVIEW OF EVALUATION PROCESS.—Not later 

22 than 6 months after the date of enactment of this Act, 

23 the Comptroller General of the United States shall— 


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1 (1) conduct a review of the processes that Fed2 eral entities utilize to evaluate the spectrum needs of 

3 such entities; 

4 (2) make recommendations on how to improve 

5 such processes; and 

6 (3) submit to the appropriate committees of 

7 Congress a report on the review and recommenda8 tions made pursuant to paragraphs (1) and (2). 

9 (b) REVISION OF EVALUATION PROCESS.— 

10 (1) IN GENERAL.—Not later than 1 year after 

11 the date of enactment of this Act, each Federal enti12 ty shall update or revise the process used by such 

13 entity to evaluate the proposed spectrum needs of 

14 such entity, or establish such a process, taking into 

15 account any applicable recommendations made in 

16 the report required by subsection (a). 

17 (2) REQUIRED INCLUSIONS.— 

18 (A) ANALYSIS OF OPTIONS.—Each process 

19 described in paragraph (1), whether newly es20 tablished, updated, or revised, shall include an 

21 analysis and assessment of— 

22 (i) the options available to the Federal 

23 entity to obtain communications services 

24 that are the most spectrum-efficient; and 


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1 (ii) the effective alternatives available 

2 to such entity that will permit the entity to 

3 continue to satisfy the mission require4 ments of the entity. 

5 (B) ANALYSIS SUBMITTED TO NTIA.—The 

6 analysis and assessment carried out under sub7 paragraph (A) shall be submitted by the Fed8 eral entity to the Assistant Secretary at the 

9 same time that the entity seeks certification or 

10 recertification, if applicable, of spectrum sup11 port from the NTIA pursuant to the require12 ments of the National Telecommunications and 

13 Information Administration Organization Act 

14 (47 U.S.C. 901 et seq.) and OMB Circular A– 

15 11. 

16 (c) SPECTRUM PLANS OF FEDERAL ENTITIES.— 

17 (1) IN GENERAL.—Not later than 2 years after 

18 the date of enactment of this Act, and every 2 years 

19 thereafter, each Federal entity shall provide an enti20 ty-specific strategic spectrum plan to the Assistant 

21 Secretary and the Director of the Office of Manage22 ment and Budget. 

23 (2) REQUIRED INCLUSIONS.—Each strategic 

24 spectrum plan submitted under paragraph (1) shall 

25 include— 


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1 (A) the spectrum requirements of the enti2 ty; 

3 (B) the planned uses of new technologies 

4 or expanded services requiring spectrum over a 

5 period of time to be determined by the entity; 

6 (C) suggested spectrum-efficient ap7 proaches to meeting the spectrum requirements 

8 identified under subparagraph (A); and 

9 (D) progress reports on the activities of 

10 the entity to improve its spectrum management. 

11 (d) CLASSIFIED NATIONAL SECURITY INFORMATION

12 AND CERTAIN OTHER INFORMATION.— 

13 (1) IN GENERAL.—The head of a Federal entity 

14 shall take the actions described in paragraph (2) if 

15 such head determines that disclosure of information 

16 required by subsection (c) would reveal— 

17 (A) information that is classified in accord18 ance with Executive Order 13526 (75 Fed. Reg. 

19 707) or any successor Executive order estab20 lishing or modifying the uniform system for 

21 classifying, safeguarding, and declassifying na22 tional security information; or 

23 (B) other information for which there is a 

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1 tional security, homeland security, or public 

2 safety. 

3 (2) ACTIONS DESCRIBED.—The actions de4 scribed in this paragraph are the following: 

5 (A) Notification to the Assistant Secretary 

6 of the determination under paragraph (1). 

7 (B) Provision to the Assistant Secretary 

8 of— 

9 (i) the publicly releasable information 

10 required by subsection (c); 

11 (ii) to the maximum extent prac12 ticable, a summary description, suitable for 

13 public release, of the classified information 

14 or other information for which there is a 

15 legal basis for nondisclosure; and 

16 (iii) a classified annex, under appro17 priate cover, containing the classified infor18 mation or other information for which 

19 there is a legal basis for nondisclosure that 

20 the head of the Federal entity has deter21 mined must be withheld from public disclo22 sure. 

23 (3) ANNEX RESTRICTION.—The Assistant Sec24 retary shall make an annex described in paragraph 

25 (2)(B)(iii) available to the Secretary of Commerce 


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1 and the Director of the Office of Management and 

2 Budget. Neither the Assistant Secretary, the Sec3 retary of Commerce, nor the Director of the Office 

4 of Management and Budget may make any such 

5 annex available to the public or to any unauthorized 

6 person through any other means. 

7 (e) FEDERAL STRATEGIC SPECTRUM PLAN.— 

8 (1) DEVELOPMENT AND SUBMISSION.— 

9 (A) IN GENERAL.—The Secretary of Com10 merce shall develop a Federal Strategic Spec11 trum Plan, in coordination with the Assistant 

12 Secretary and the Director of the Office of 

13 Management and Budget. 

14 (B) SUBMISSION TO CONGRESS.—Not later 

15 than 6 months after the date by which the ini16 tial entity-specific strategic spectrum plans are 

17 required to be submitted to the Assistant Sec18 retary under subsection (c)(1), the Secretary of 

19 Commerce shall, consistent with the require20 ments set forth in subsection (d)(3), submit the 

21 Federal Strategic Spectrum Plan developed 

22 under subparagraph (A) to the appropriate 

23 committees of Congress. 

24 (C) NONDISCLOSURE OF ANNEXES.—The 

25 Federal Strategic Spectrum Plan required to be 


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1 submitted under subparagraph (B) shall be 

2 submitted in unclassified form, but shall in3 clude, if appropriate, 1 or more annexes as pro4 vided for by subsection (d)(2)(B)(iii). No con5 gressional committee may make any such annex 

6 available to the public or to any unauthorized 

7 person. 

8 (D) CLASSIFIED ANNEXES.—If the Federal 

9 Strategic Spectrum Plan includes a classified 

10 annex as provided for by subsection 

11 (d)(2)(B)(iii), the Secretary of Commerce 

12 shall— 

13 (i) submit the classified annex only to 

14 the appropriate committees of Congress 

15 with primary oversight jurisdiction for the 

16 user entities or licensees concerned; and 

17 (ii) provide notice of the submission to 

18 the other appropriate committees of Con19 gress. 

20 (E) DEFINITION.—In this subsection, the 

21 term ‘‘appropriate committees of Congress’’ 

22 means the Committee on Commerce, Science, 

23 and Transportation of the Senate, the Com24 mittee on Energy and Commerce of the House 

25 of Representatives, and any other congressional 


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1 committee with primary oversight jurisdiction 

2 for the user entity or licensees concerned. 

3 (2) INCORPORATION OF ENTITY PLANS.—The 

4 Federal Strategic Spectrum Plan developed under 

5 paragraph (1)(A) shall incorporate, consistent with 

6 the requirements of subsection (d)(3), the initial en7 tity-specific strategic spectrum plans submitted 

8 under subsection (c)(1). 

9 (3) REQUIRED INCLUSIONS.—The Federal 

10 Strategic Spectrum Plan developed under paragraph 

11 (1)(A) shall include— 

12 (A) information on how spectrum assigned 

13 to and used by Federal entities is being used; 

14 (B) opportunities to increase efficient use 

15 of infrastructure and spectrum assigned to and 

16 used by Federal entities; 

17 (C) an assessment of the future spectrum 

18 needs of the Federal Government; and 

19 (D) plans to incorporate such needs in the 

20 frequency assignment, equipment certification, 

21 and review processes of the Assistant Secretary. 

22 (4) UPDATES.—The Secretary of Commerce 

23 shall revise and update the Federal Strategic Spec24 trum Plan developed under paragraph (1)(A) to take 

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1 specific strategic spectrum plans submitted under 

2 subsection (c)(1). 

3 (f) NATIONAL STRATEGIC SPECTRUM PLAN.— 

4 (1) IN GENERAL.—Not later than 4 years after 

5 the date of enactment of this Act, and every 4 years 

6 thereafter, the Assistant Secretary and the Commis7 sion, in consultation with other Federal departments 

8 and agencies, State, local, and tribal entities, and 

9 commercial spectrum interests, shall develop a quad10 rennial National Strategic Spectrum Plan. 

11 (2) REQUIRED INCLUSION.—A National Stra12 tegic Spectrum Plan developed under paragraph (1) 

13 shall include the following: 

14 (A) The Federal Strategic Spectrum Plan 

15 developed under paragraph (1)(A) of subsection 

16 (e), as updated under paragraph (4) of such 

17 subsection. 

18 (B) Long-range spectrum planning for 

19 both Federal and non-Federal users, including 

20 commercial users and State and local govern21 ment users. 

22 (C) An identification of new technologies 

23 or expanded services requiring spectrum. 

24 (D) An identification and analysis of the 

25 nature and characteristics of the new radio 


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1 communication systems required and the nature 

2 and characteristics of the spectrum required. 

3 (E) An identification and analysis of effi4 cient approaches to meeting the future spec5 trum requirements of all users, including— 

6 (i) requiring certain standards-based 

7 technologies that improve spectrum effi8 ciencies; 

9 (ii) spectrum sharing and reuse op10 portunities; 

11 (iii) possible reallocation; and 

12 (iv) any other approaches that pro13 mote efficient use of spectrum. 

14 (F) An evaluation of current spectrum 

15 auction processes to determine the effectiveness 

16 of such processes in— 

17 (i) promoting competition; 

18 (ii) improving the efficiency of spec19 trum use; and 

20 (iii) maximizing the full economic 

21 value of the spectrum to consumers, indus22 try, and taxpayers. 


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1 SEC. 503. REALLOCATING FEDERAL SPECTRUM FOR COM2 MERCIAL PURPOSES AND FEDERAL SPEC3 TRUM SHARING. 

4 (a) ELIGIBLE FEDERAL ENTITIES.—Section 

5 113(g)(1) of the National Telecommunications and Infor6 mation Administration Organization Act (47 U.S.C. 

7 923(g)(1)) is amended to read as follows: 

8 ‘‘(1) ELIGIBLE FEDERAL ENTITIES.—Any Fed9 eral entity that operates a Federal Government sta10 tion authorized to use a band of frequencies speci11 fied in paragraph (2) and that incurs relocation 

12 costs or sharing costs because of planning for a po13 tential auction of spectrum frequencies, a planned 

14 auction of spectrum frequencies, or the reallocation 

15 of spectrum frequencies from Federal use to exclu16 sive non-Federal use or to shared use shall receive 

17 payment for such relocation costs or sharing costs 

18 from the Spectrum Relocation Fund, in accordance 

19 with section 118. For purposes of this paragraph, 

20 Federal power agencies exempted under subsection 

21 (c)(4) that choose to relocate from the frequencies 

22 identified for reallocation pursuant to subsection (a) 

23 are eligible to receive payment under this para24 graph.’’. 

25 (b) ELIGIBLE FREQUENCIES.—Section 113(g)(2)(B) 

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1 ministration Organization Act (47 U.S.C. 923(g)(2)(B)) 

2 is amended to read as follows: 

3 ‘‘(B) any other band of frequencies reallo4 cated from Federal use to non-Federal or 

5 shared use, whether for licensed or unlicensed 

6 use, after January 1, 2003, that is assigned— 

7 ‘‘(i) by competitive bidding pursuant 

8 to section 309(j) of the Communications 

9 Act of 1934 (47 U.S.C. 309(j)); or 

10 ‘‘(ii) as a result of an Act of Congress 

11 or any other administrative or executive di12 rection.’’. 

13 (c) RELOCATION COSTS AND SHARING COSTS DE14 FINED.—Section 113(g)(3) of the National Telecommuni15 cations and Information Administration Organization Act 

16 (47 U.S.C. 923(g)(3)) is amended to read as follows: 

17 ‘‘(3) RELOCATION COSTS AND SHARING COSTS

18 DEFINED.— 

19 ‘‘(A) IN GENERAL.—For purposes of this 

20 subsection, the term ‘relocation costs’ or ‘shar21 ing costs’ means the costs incurred by a Fed22 eral entity in connection with the auction (or a 

23 potential or planned auction) of spectrum fre24 quencies previously assigned to such entity, or 

25 the sharing of spectrum frequencies assigned to 


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1 such entity (including the auction or a potential 

2 or planned auction of the rights to use spec3 trum frequencies on a shared basis with such 

4 entity), respectively, in order to achieve com5 parable capability of systems as before the relo6 cation or the sharing arrangement. Such term 

7 includes, with respect to relocation or sharing, 

8 as the case may be— 

9 ‘‘(i) the costs of any modification or 

10 replacement of equipment, spares, associ11 ated ancillary equipment, software, facili12 ties, operating manuals, training costs, or 

13 regulations that are attributable to reloca14 tion or sharing; 

15 ‘‘(ii) the costs of all engineering, 

16 equipment, software, site acquisition, and 

17 construction, as well as any legitimate and 

18 prudent transaction expense, including 

19 term-limited Federal civil servant and con20 tractor staff necessary to carry out the re21 location or sharing activities of an eligible 

22 Federal entity, and reasonable additional 

23 costs incurred by the Federal entity that 

24 are attributable to relocation or sharing, 


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1 including increased recurring costs associ2 ated with the replacement of facilities; 

3 ‘‘(iii) the costs of research, engineer4 ing studies, economic analyses, or other ex5 penses reasonably incurred in connection 

6 with— 

7 ‘‘(I) calculating the estimated re8 location costs or sharing costs that 

9 are provided to the Commission pur10 suant to paragraph (4); 

11 ‘‘(II) determining the technical or 

12 operational feasibility of relocation to 

13 1 or more potential relocation bands; 

14 or 

15 ‘‘(III) planning for or managing 

16 a relocation or sharing project (includ17 ing spectrum coordination with auc18 tion winners) or potential relocation 

19 or sharing project; 

20 ‘‘(iv) the one-time costs of any modi21 fication of equipment reasonably nec22 essary— 

23 ‘‘(I) to accommodate commercial 

24 use of shared frequencies; or 


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1 ‘‘(II) in the case of eligible fre2 quencies reallocated for exclusive com3 mercial use and assigned through a 

4 competitive bidding process under sec5 tion 309(j) of the Communications 

6 Act of 1934 (47 U.S.C. 309(j)) but 

7 with respect to which a Federal entity 

8 retains primary allocation or protected 

9 status for a period of time after the 

10 completion of the competitive bidding 

11 process, to accommodate shared Fed12 eral and non-Federal use of such fre13 quencies for such period; 

14 ‘‘(v) the costs associated with the ac15 celerated replacement of systems and 

16 equipment if such acceleration is necessary 

17 to ensure the timely relocation of systems 

18 to a new frequency assignment or the time19 ly accommodation of sharing of Federal 

20 frequencies; and 

21 ‘‘(vi) the costs of the use of commer22 cial systems (including systems not uti23 lizing spectrum) to replace Federal systems 

24 discontinued or relocated pursuant to this 

25 Act, including lease (including lease of 


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1 land), subscription, and equipment costs 

2 over an appropriate period, such as the an3 ticipated life of an equivalent Federal sys4 tem or other period determined by the Di5 rector of the Office of Management and 

6 Budget. 

7 ‘‘(B) COMPARABLE CAPABILITY OF SYS8 TEMS.—For purposes of subparagraph (A), 

9 comparable capability of systems— 

10 ‘‘(i) may be achieved by relocating a 

11 Federal Government station to a new fre12 quency assignment, by relocating a Federal 

13 Government station to a different geo14 graphic location, by modifying Federal 

15 Government equipment to mitigate inter16 ference or use less spectrum, in terms of 

17 bandwidth, geography, or time, and there18 by permitting spectrum sharing (including 

19 sharing among relocated Federal entities 

20 and incumbents to make spectrum avail21 able for non-Federal use) or relocation, or 

22 by utilizing an alternative technology; and 

23 ‘‘(ii) includes the acquisition of state24 of-the-art replacement systems intended to 

25 meet comparable operational scope, which 


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1 may include incidental increases in 

2 functionality.’’. 

3 (d) CERTAIN PROCEDURAL REQUIREMENTS.—Sec4 tion 113(g) of the National Telecommunications and In5 formation Administration Organization Act (47 U.S.C. 

6 923(g)) is amended— 

7 (1) in paragraph (4)(A)— 

8 (A) by inserting ‘‘or sharing costs’’ after 

9 ‘‘relocation costs’’; and 

10 (B) by inserting ‘‘or sharing’’ after ‘‘such 

11 relocation’’; 

12 (2) in paragraph (5)— 

13 (A) by inserting ‘‘or sharing costs’’ after 

14 ‘‘relocation costs’’; and 

15 (B) by inserting ‘‘or sharing’’ after ‘‘for 

16 relocation’’; and 

17 (3) in paragraph (6)— 

18 (A) in the 1st sentence, by inserting ‘‘and 

19 the timely implementation of arrangements for 

20 the sharing of such frequencies’’ before the pe21 riod at the end; 

22 (B) in the 2nd sentence— 

23 (i) by striking ‘‘by relocating to a new 

24 frequency assignment or by utilizing an al25 ternative technology’’; 


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1 (ii) by inserting ‘‘or limit’’ after ‘‘ter2 minate’’; and 

3 (iii) by inserting ‘‘or sharing arrange4 ment has been implemented’’ before the 

5 period at the end; and 

6 (C) in the 3rd sentence, by inserting ‘‘or 

7 sharing’’ after ‘‘relocation’’. 

8 (e) SPECTRUM SHARING AGREEMENTS.—Section 

9 113(g) of the National Telecommunications and Informa10 tion Administration Organization Act, as amended by sub11 section (d), is further amended by adding at the end the 

12 following: 

13 ‘‘(7) SPECTRUM SHARING AGREEMENTS.—A 

14 Federal entity is permitted to allow access to its fre15 quency assignments by a non-Federal entity upon 

16 approval of the NTIA, in consultation with the Di17 rector of the Office of Management and Budget. 

18 Such non-Federal entities shall comply with all ap19 plicable rules of the Commission and the NTIA, in20 cluding any regulations promulgated pursuant to 

21 this section. Any remuneration associated with such 

22 access shall be deposited into the Spectrum Reloca23 tion Fund established under section 118. The costs 

24 incurred by a Federal entity as a result of allowing 

25 such access are sharing costs for which the entity is 


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1 eligible for payment from the Fund for the purposes 

2 specified in paragraph (3). The revenue associated 

3 with such access shall be at least 110 percent of the 

4 estimated Federal costs.’’. 

5 (f) SPECTRUM RELOCATION FUND.—Section 118 of 

6 the National Telecommunications and Information Ad7 ministration Organization Act (47 U.S.C. 928) is amend8 ed— 

9 (1) in subsection (b), by inserting before the pe10 riod at the end the following: ‘‘and any payments 

11 made by non-Federal entities for access to Federal 

12 spectrum pursuant to section 113(g)(7)’’; 

13 (2) by amending subsection (c) to read as fol14 lows: 

15 ‘‘(c) USE OF FUNDS.— 

16 ‘‘(1) FUNDS FROM AUCTIONS.—The amounts in 

17 the Fund from auctions of eligible frequencies are 

18 authorized to be used to pay relocation costs or 

19 sharing costs, as defined in section 113(g)(3), of an 

20 eligible Federal entity incurring such costs with re21 spect to relocation from any eligible frequency or the 

22 sharing of such frequency. 

23 ‘‘(2) FUNDS FROM PAYMENTS BY NON-FED24 ERAL ENTITIES.—The amounts in the Fund from 

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1 eral spectrum pursuant to section 113(g)(7) are au2 thorized to be used to pay the sharing costs, as de3 fined in section 113(g)(3), of an eligible Federal en4 tity incurring such costs with respect to such access. 

5 ‘‘(3) TRANSFER OF FUNDS.— 

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), the Director of OMB may transfer 

8 at any time (including prior to any auction or 

9 contemplated auction or sharing initiative) such 

10 sums as may be available in the Fund to an eli11 gible Federal entity to pay eligible relocation 

12 costs or sharing costs related to pre-auction es13 timates or research, as such costs are described 

14 in section 113(g)(3)(A)(iii). 

15 ‘‘(B) NOTIFICATION.—No funds may be 

16 transferred pursuant to subparagraph (A) un17 less the notification provided under subsection 

18 (d)(2)(B) includes a certification from the Di19 rector of OMB that— 

20 ‘‘(i) funds transferred before an auc21 tion will likely allow for timely implementa22 tion of relocation or sharing, thereby in23 creasing net expected auction proceeds by 

24 an amount equal to or greater than the 


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1 time value of the amount of funds trans2 ferred; and 

3 ‘‘(ii) the auction is intended to occur 

4 not later than 5 years after transfer of 

5 funds. 

6 ‘‘(C) APPLICABILITY.— 

7 ‘‘(i) PRIOR COSTS INCURRED.—The 

8 Director of OMB may transfer up to 

9 $10,000,000 from the Fund to eligible 

10 Federal entities for eligible relocation costs 

11 or sharing costs related to pre-auction esti12 mates or research, as such costs are de13 scribed in section 113(g)(3)(A)(iii), for 

14 costs incurred prior to the date of the en15 actment of the Wireless Innovation and 

16 Public Safety Act of 2011, but after June 

17 28, 2010. 

18 ‘‘(ii) SUPPLEMENT NOT SUPPLANT.— 

19 Any amounts transferred by the Director 

20 of OMB pursuant to clause (i) shall be in 

21 addition to any amounts that the Director 

22 of OMB may transfer for costs incurred 

23 after the date of the enactment of the 

24 Wireless Innovation and Public Safety Act 

25 of 2011.’’; 


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1 (3) in subsection (d)— 

2 (A) in paragraph (1), by inserting ‘‘and 

3 sharing costs’’ after ‘‘relocation costs’’; 

4 (B) in paragraph (2)— 

5 (i) in subparagraph (A), by inserting 

6 ‘‘or sharing’’ before the semicolon; and 

7 (ii) in subparagraph (B)— 

8 (I) by inserting ‘‘or sharing 

9 costs’’ after ‘‘relocation costs’’; and 

10 (II) by inserting ‘‘or sharing’’ be11 fore the period at the end; and 

12 (C) by amending paragraph (3) to read as 

13 follows: 

14 ‘‘(3) REVERSION OF UNUSED FUNDS.— 

15 ‘‘(A) IN GENERAL.—Any amounts in the 

16 Fund that are remaining after the payment of 

17 the relocation costs and sharing costs that are 

18 payable from the Fund shall revert to and be 

19 deposited in the general fund of the Treasury 

20 not later than 8 years after the date of the de21 posit of such proceeds to the Fund, unless with22 in 60 days in advance of the reversion of such 

23 funds, the Director of OMB, in consultation 

24 with the NTIA, notifies the appropriate com25 mittees of Congress that such funds are needed 


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1 to complete or to implement current or future 

2 relocations or sharing initiatives. 

3 ‘‘(B) DEFINITION.—In this paragraph, the 

4 term ‘appropriate committees of Congress’ 

5 means— 

6 ‘‘(i) the Committee on Appropriations 

7 of the Senate; 

8 ‘‘(ii) the Committee on Commerce, 

9 Science, and Transportation of the Senate; 

10 ‘‘(iii) the Committee on Appropria11 tions of the House of Representatives; and 

12 ‘‘(iv) the Committee on Energy and 

13 Commerce of the House of Representa14 tives.’’; 

15 (4) in subsection (e)(2)— 

16 (A) by inserting ‘‘or sharing costs’’ after 

17 ‘‘relocation costs’’; 

18 (B) by striking ‘‘entity’s relocation’’ and 

19 inserting ‘‘relocation of the entity or implemen20 tation of the sharing arrangement by the enti21 ty’’; and 

22 (C) by inserting ‘‘or the implementation of 

23 such arrangement’’ after ‘‘such relocation’’; and 

24 (5) by adding at the end the following: 

25 ‘‘(f) ADDITIONAL PAYMENTS FROM THE FUND.— 


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1 ‘‘(1) AMOUNTS AVAILABLE.—Notwithstanding 

2 subsections (c) through (e), after the date of the en3 actment of the Wireless Innovation and Public Safe4 ty Act of 2011, and following the credit of any 

5 amounts specified in subsection (b), there are hereby 

6 appropriated from the Fund and available to the Di7 rector of OMB— 

8 ‘‘(A) up to 10 percent of the amounts de9 posited in the Fund from the auction of licenses 

10 for frequencies of spectrum vacated by Federal 

11 entities; and 

12 ‘‘(B) up to 10 percent of the amounts de13 posited in the Fund by non-Federal entities for 

14 sharing of Federal spectrum. 

15 ‘‘(2) USE OF AMOUNTS.—The Director of 

16 OMB, in consultation with the NTIA, may use such 

17 amounts to make payments to eligible Federal enti18 ties for the purpose of encouraging timely access to 

19 such spectrum, provided that— 

20 ‘‘(A) any such payment by the Director of 

21 OMB is based on the market value of the spec22 trum, the timeliness with which the Federal en23 tity cleared its use of such spectrum, and the 

24 need for such spectrum in order for the Federal 

25 entity to conduct its essential missions; 


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1 ‘‘(B) any such payment by the Director of 

2 OMB is used to carry out— 

3 ‘‘(i) the purposes specified in clauses 

4 (i) through (vi) of section 113(g)(3)(A) to 

5 achieve enhanced capability for those sys6 tems affected by reallocation of Federal 

7 spectrum for commercial use, or by sharing 

8 of Federal frequencies with non-Federal 

9 entities; and 

10 ‘‘(ii) other communications, radar, 

11 and spectrum-using investments not di12 rectly affected by such reallocation or shar13 ing but essential for the missions of the 

14 Federal entity that is relocating its sys15 tems or sharing frequencies; 

16 ‘‘(C) the amount remaining in the Fund 

17 after any such payment by the Director of 

18 OMB is not less than 10 percent of the winning 

19 bids in the relevant auction, or is not less than 

20 10 percent of the payments from non-Federal 

21 entities in the relevant sharing agreement; 

22 ‘‘(D) any such payment by the Director of 

23 OMB shall not be made until 30 days after the 

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1 portation of the Senate, and the Committees on 

2 Appropriations and Energy and Commerce of 

3 the House of Representatives; and 

4 ‘‘(E) the Director of OMB shall make 

5 available from such amounts not more than 

6 $3,000,000 per year for each of the fiscal years 

7 2012 through 2016 for use by the Assistant 

8 Secretary in carrying out the spectrum manage9 ment activities of the Assistant Secretary under 

10 title V of the Wireless Innovation and Public 

11 Safety Act of 2011.’’. 

12 (g) PUBLIC DISCLOSURE AND NONDISCLOSURE.—If 

13 the head of an executive agency of the Federal Govern14 ment determines that public disclosure of any information 

15 contained in a notification or report required by section 

16 113 or 118 of the National Telecommunications and In17 formation Administration Organization Act (47 U.S.C. 

18 923; 928) would reveal classified national security infor19 mation or other information for which there is a legal 

20 basis for nondisclosure and such public disclosure would 

21 be detrimental to national security, homeland security, 

22 public safety, or jeopardize law enforcement investiga23 tions, the head of the executive agency shall notify the As24 sistant Secretary of that determination prior to release of 

25 such classified information or other information. In that 


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1 event, such classified information or other information 

2 shall be included in a separate annex, as needed. These 

3 annexes shall be provided to the subcommittee of primary 

4 jurisdiction of the congressional committee of primary ju5 risdiction in accordance with appropriate national security 

6 stipulations but shall not be disclosed to the public or pro7 vided to any unauthorized person through any other 

8 means. 

9 SEC. 504. STUDY ON SPECTRUM EFFICIENCY THROUGH RE10 CEIVER STANDARDS. 

11 (a) IN GENERAL.—The Comptroller General of the 

12 United States shall conduct a study on efforts to ensure 

13 that each transmission system that employs radio spec14 trum is designed and operated so that reasonable use of 

15 adjacent spectrum does not excessively impair the func16 tioning of such system. 

17 (b) REQUIRED CONSIDERATIONS.—At a minimum, 

18 the study required by subsection (a) shall consider— 

19 (1) the value of— 

20 (A) improving receiver standards as it re21 lates to increasing spectral efficiency; 

22 (B) improving operation of services in ad23 jacent frequencies; 

24 (C) narrowing the guard bands between 

25 adjacent spectrum use; and 


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1 (D) improving overall receiver performance 

2 for the end user; 

3 (2) the role of manufacturers, commercial li4 censees, and government users with respect to their 

5 transmission systems and use of adjacent spectrum 

6 described in subsection (a); 

7 (3) the feasibility of industry self-compliance 

8 with respect to the design and operational require9 ments of transmission systems and the reasonable 

10 use of adjacent spectrum described in subsection (a); 

11 and 

12 (4) the value of action by the Commission and 

13 the Assistant Secretary to establish, by rule, tech14 nical requirements or standards for non-Federal and 

15 Federal use, respectively, with respect to the reason16 able use of adjacent spectrum described in sub17 section (a). 

18 (c) REPORT.—Not later than 1 year after the date 

19 of enactment of this Act, the Comptroller General of the 

20 United States shall submit a report to the appropriate 

21 committees of Congress on the results of the study re22 quired by subsection (a). 

23 (d) DEFINITION.—For purposes of this section, the 

24 term ‘‘transmission system’’ means any telecommuni25 cations, broadcast, satellite, commercial mobile service, or 


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1 other communications system that employs radio spec2 trum. 

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

4 (a) IN GENERAL.—The Assistant Secretary and the 

5 Commission shall, in consultation with the Secretary of 

6 Transportation and other stakeholders, conduct a study 

7 evaluating known and proposed spectrum-sharing tech8 nologies and the risk to Federal and primary users if unli9 censed U–NII devices were allowed to operate in the 

10 5350–5470 MHz band and the 5850–5925 MHz band. 

11 (b) SUBMISSION.—Not later than 8 months after the 

12 date of the enactment of this Act, the Assistant Secretary 

13 and the Commission, acting jointly or separately, shall re14 port on their findings under subsection (a) to the appro15 priate committees of Congress. 

16 (c) DEFINITIONS.—In this section: 

17 (1) 5350–5470 MHZ BAND.—The term ‘‘5350– 

18 5470 MHz band’’ means the portion of the electro19 magnetic spectrum between the frequencies from 

20 5350 megahertz to 5470 megahertz. 

21 (2) 5850–5925 MHZ BAND.—The term ‘‘5850– 

22 5925 MHz band’’ means the portion of the electro23 magnetic spectrum between the frequencies from 

24 5850 megahertz to 5925 megahertz. 


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1 (3) U–NII DEVICES.—The term ‘‘U–NII de2 vices’’ has the meaning given such term in section 

3 15.403(s) of title 47, Code of Federal Regulations, 

4 except for the frequency bands specified in such sec5 tion. 

6 SEC. 506. REPORT ON AVAILABILITY OF WIRELESS EQUIP7 MENT FOR THE 700 MHZ BAND. 

8 (a) IN GENERAL.—Not later than 90 days after the 

9 date of the enactment of this Act, and every 6 months 

10 thereafter until January 1, 2016, the Commission shall 

11 prepare and submit to the appropriate committees of Con12 gress a report on— 

13 (1) the availability of wireless equipment capa14 ble of operating over all spectrum between the fre15 quencies from 698 megahertz to 806 megahertz that 

16 is allocated by the Commission for paired commer17 cial or public safety use; and 

18 (2) the potential availability of wireless equip19 ment capable of operating over spectrum made avail20 able through reorganization of the television broad21 cast spectrum under section 302(b) and the auction 

22 of such spectrum under subparagraph (G) of section 

23 309(j)(8) of the Communications Act of 1934, as 

24 added by section 302(a). 


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1 (b) CONTENTS.—The Commission shall seek input 

2 from the commercial mobile data service industry and in3 clude in the report required by subsection (a) an assess4 ment of— 

5 (1) the technical feasibility, and the potential 

6 impact on costs, size, battery consumption, and any 

7 other factor the Commission considers appropriate, 

8 of making equipment capable of operating over some 

9 or all of the spectrum described in paragraph (1) of 

10 such subsection; 

11 (2) the timeframe for when wireless equipment 

12 capable of operating over some or all of such spec13 trum will be available; and 

14 (3) the feasibility of and progress towards mak15 ing available wireless equipment that is capable of 

16 operating over some or all of the spectrum described 

17 in paragraph (2) of such subsection. 

Æ 


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