U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 

114TH CONGRESS

2d Session 

REPORT

2016

114–427 

Calendar No. 446 

MAKING OPPORTUNITIES FOR BROADBAND 

INVESTMENT AND LIMITING EXCESSIVE 

AND NEEDLESS OBSTACLES TO WIRELESS 

ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2555 

DECEMBER 20, 2016.—Ordered to be printed 

Filed, under authority of the order of the Senate of December 10 

(legislative day, December 9), 2016 


congress.#13
(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FOURTEENTH CONGRESS

SECOND SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri 

KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota 

TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut 

DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii 

JERRY MORAN, Kansas ED MARKEY, Massachusetts 

DAN SULLIVAN, Alaska CORY BOOKER, New Jersey 

RON JOHNSON, Wisconsin TOM UDALL, New Mexico 

DEAN HELLER, Nevada JOE MANCHIN, West Virginia 

CORY GARDNER, Colorado GARY PETERS, Michigan 

STEVE DAINES, Montana 

NICK ROSSI, Staff Director 

ADRIAN ARNAKIS, Deputy Staff Director 

JASON VAN BEEK, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

CLINT ODOM, Democratic General Counsel 

1 Barack Obama, ‘‘Presidential Memorandum - Expanding Broadband Deployment and Adoption by Addressing Regulatory Barriers and Encouraging Investment and Training,’’ March 23, 

2015, https://www.whitehouse.gov/the-press-office/2015/03/23/presidential-memorandum-expanding-broadband-deployment-and-adoption-addr (Presidential Memorandum). 

Calendar No. 446 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–427 

MAKING OPPORTUNITIES FOR BROADBAND INVESTMENT AND LIMITING 

EXCESSIVE AND NEEDLESS OBSTACLES TO WIRELESS ACT 

DECEMBER 20, 2016.—Ordered to be printed 

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

December 9), 2016 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 2555] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 2555) to provide opportunities for 

broadband investment, and for other purposes, having considered 

the same, reports favorably thereon with an amendment (in the nature of a substitute) and recommends that the bill (as amended) do 

pass. 

PURPOSE OF THE BILL

The purpose of S. 2555, the Making Opportunities for Broadband 

Investment and Limiting Excessive and Needless Obstacles to 

Wireless Act (MOBILE NOW Act), is to help secure continued U.S. 

mobile and fixed broadband leadership by ensuring additional licensed and unlicensed spectrum is made available for wireless 

broadband use, by reducing barriers to investment and innovation, 

and by facilitating deployment of broadband services and infrastructure, especially in rural areas. 

BACKGROUND AND NEEDS

‘‘High-speed broadband enables Americans to use the Internet in 

new ways, expands access to health services and education, increases the productivity of businesses, and drives innovation 

throughout the digital ecosystem.’’ 1 Wireless services and 

2 

2 ‘‘comScore Reports January 2016 U.S. Smartphone Subscriber Market Share,’’comScore, Mar. 

4, 2016, http://www.comscore.com/Insights/Rankings/comScore-Reports-January-2016-USSmartphone-Subscriber-Market-Share. 3 ‘‘INFOGRAPHIC: Smartphones Comprise 77 Percent of Traffic on Wireless Networks,’’ Cellular Telecommunications Industry Association (CTIA), Jun. 26, 2015, at http://www.ctia.org/resource-library/facts-and-infographics/archive/infographic-smartphones-comprise-77-percent-oftraffic-on-wireless-networks; see also VNI Mobile Forecast Highlights, 2015-2020, Cisco, http:// 

www.cisco.com/assets/sol/sp/vni/forecastlhighlightslmobile/index.html (last accessed Mar. 21, 

2016) (predicting that smartphone traffic will continue to increase). 4 ‘‘KPCB Internet Trends 2015,’’ Kleiner Perkins Caufield Bayers, May 27, 2015, at http:// 

www.kpcb.com/file/kpcb-internet-trends-2015. 5 John Horrigan and Maeve Duggan, Home Broadband 2015, Pew Research Center, Dec. 21, 

2015, at http://www.pewinternet.org/2015/12/21/1-home-broadband-adoption-modest-declinefrom-2013-to-2015/. 6 Unleashing the Wireless Broadband Revolution, Executive Memorandum, June 28, 2010, 75 

FR 38387. 7 Remarks of Chairman John Thune, February 9, 2016, at http://www.commerce.senate.gov/ 

public/index.cfm/speeches?ID=016478D3-0C39-4D7C-B65E-CE422C335E4. 8See, e.g., Use of Spectrum Bands Above 24 GHz for Mobile Radio Services, Report and Order 

and Further Notice of Proposed Rulemaking, 31 FCC Rcd 8014, 8053, FCC 16-89, para. 96. 9 Coleman Bazelon and Giulia McHenry, Mobile Broadband Spectrum: A Vital Resource for the 

U.S. Economy, The Brattle Group, 2, May 11, 2015, at http://www.ctia.org/docs/default-source/ 

default-document-library/brattlelspectruml051115.pdf. 10https://www.ustelecom.org/broadband-industry/broadband-industry-stats/investment. 

connectivity have transformed American daily life—changing everything from the way we work to the way we relax—and have become 

an essential part of the Nation’s infrastructure. As of January 

2016, 198.5 million people in the United States owned 

smartphones,2 and smartphones currently comprise at least 77 percent of the traffic on wireless networks.3 Americans access the 

Internet on mobile devices more often than on computers,4 and the 

number of American adults who rely solely on their smartphones 

for Internet access at home is increasing—as of 2015, 13 percent 

of adults were ‘‘smartphone-only,’’ with no home broadband subscription.5

As President Obama noted almost 6 years ago, ‘‘America’s future 

competitiveness and global technology leadership depend, in part, 

upon the availability of additional spectrum. The world is going 

wireless, and we must not fall behind.’’ 6 In particular Fifth Generation or 5G wireless ‘‘will be a revolutionary leap forward in 

wireless capability that will reshape the world around us and fundamentally change how we interact with that world.’’ 7 The benefits 

of leading the world in the development of a 5G future can only be 

secured if the country acts now to identify the spectrum and facilitate the deployment of the infrastructure on which 5G will depend; 

the higher frequencies on which 5G will in part be deployed will 

require increased spectral efficiency and much greater density of 

cell deployment than current cell technology.8

In addition to facilitating the way that most Americans communicate, wireless spectrum is a major economic driver. Spectrum licensed to U.S. wireless carriers generates more than $400 billion 

annually in economic activity, and wireless technologies also enable 

other sectors of the economy—for instance, mobile entertainment 

generated an estimated $9 billion in revenues in 2014, and it has 

been estimated that the U.S. telehealth market will grow from 

$240 million in 2013 to $1.9 billion by 2018.9

Despite extraordinary innovation and investment in wired and wireless broadband—an estimated $1.4 trillion since 1996 10—the 

Federal Communications Commission (FCC or Commission) has 

found that advanced telecommunications capability is not being deployed to all Americans in a reasonable and timely fashion and 

3 

11FCC 16-6, para 4. 12 Unleashing the Wireless Broadband Revolution, Presidential Memorandum, June 28, 2010, 

at https://www.whitehouse.gov/the-press-office/presidential-memorandum-unleashing-wirelessbroadband-revolution. 13Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, 

§ 6401 (2012) (codified at 47 U.S.C. § 1451). 14Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, 

§ 6403 (2012) (codified at 47 U.S.C. § 1452). 15 Bipartisan Budget Act of 2015, Pub. L. No. 114-974, 129 Stat. 585, §§ 1001-1008 (codified 

as in scattered sections of 47 U.S.C.). 16 Coleman Bazelon and Giulia McHenry, Substantial Licensed Spectrum Deficit (2015-2019): 

Updating the FCC’s Mobile Data Demand Projections, The Brattle Group, 1, May 11, 2015, 

http://www.brattle.com/system/news/pdfs/000/000/891/original/SubstantiallLicensedlSpectrumlDeficitl(2015-2019)llUpdatinglthelFCC’slMobilelDatalDemandlProjections.pdf?1435613076. 

that there is ‘‘a significant disparity of access to advanced telecommunications capability across America with more than 39 percent of Americans living in rural areas lacking access to advanced 

telecommunications capability, as compared to 4 percent of Americans living in urban areas, and approximately 41 percent of Americans living on tribal lands lacking access to advanced telecommunications capability.’’ 11

President Obama has established a goal of making a total of 500 

megahertz (MHz) of additional spectrum available by 2020 for both 

mobile and fixed wireless broadband use,12 and Congress has already taken several steps consistent with that goal. In the Middle 

Class Tax Relief and Job Creation Act of 2012, Congress (i) directed the Commission and the National Telecommunications and 

Information Administration (NTIA) to identify, reallocate, auction, 

and license certain spectrum for commercial Advanced Wireless 

Services use; 13 and (ii) directed the Commission to conduct an incentive auction of broadcast television spectrum in which broadcast 

television licensees could voluntarily relinquish their spectrum 

usage rights in order to permit the assignment by auction of new 

flexible-use licenses.14 Further, in the Bipartisan Budget Act of 

2015, Congress directed the NTIA and the Commission to identify, 

reallocate from Federal use to non-Federal or shared Federal and 

non-Federal use, and auction 30 MHz of spectrum.15

However, more spectrum is needed to meet President Obama’s 

goal and the expanding requirements of our wireless ecosystem. Increasing use of data-intensive applications such as video and Internet access has created additional demand for carrier networks, and 

this demand for spectrum is already outpacing availability. Cisco 

reports that U.S. mobile data traffic will grow two times faster 

than U.S. fixed IP traffic over the next 4 years, traffic from wireless and mobile devices will exceed traffic from wired devices by 

2019, and the number of connected devices in personal, household, 

or commercial settings is expected to grow considerably over the 

next 5 years. Even taking into account the spectrum the Commission is newly making available, the United States is facing a significant projected spectrum deficit to meet this dramatic rise in 

network demand. To meet America’s demand for mobile broadband, 

it is estimated that the wireless industry will need more than 350 

MHz of new licensed spectrum alone by 2019.16 The MOBILE 

NOW Act would build upon Congress’ past efforts by ensuring that 

additional capacity is available to meet Americans’ needs and to 

allow the wireless sector to continue to be a critical economic stimulant for the economy. 

4 

17 U.S. Department of Commerce, An Assessment of the Viability of Accommodating Wireless 

Broadband in the 1755 – 1850 MHz Band, March, 2012, at https://www.ntia.doc.gov/files/ntia/ 

publications/ntial1755l1850lmhzlreportlmarch2012.pdf. 18Testimony of Hon. Jonathan S. Adelstein, President & CEO, Personal Communications Industry Association (PCIA)– The Wireless Infrastructure Association (WIA), Senate Committee 

on Commerce, Science, and Transportation, Removing Barriers to Wireless Broadband Deployment, October 7, 2015, available at https://www.commerce.senate.gov/public/lcache/files/ 

776a69e3-5891-476f-85fb-945ba3ed518a/56E37595DFA44623573E920E7E04A421.adelstein-qfrresponses.pdf. 19Testimony of Mr. Douglas Kinkopf, Associate Administrator, Office of Telecommunications 

and Information Applications National Telecommunications and Information Administration, 

Senate Committee on Commerce, Science, and Transportation, Removing Barriers to Wireless 

Broadband Deployment, October 7, 2015, video available at http://www.commerce.senate.gov/ 

public/index.cfm/hearings?ID=D7B621C5-BEB5-418D-B814-AEBFF10FFC21. 20Testimony of Mr. Bruce Morrison, Vice President, Operations and Network Build, Region 

North America, Ericsson, Senate Committee on Commerce, Science, and Transportation, Removing Barriers to Wireless Broadband Deployment, October 7, 2015, at http:// 

www.commerce.senate.gov/public/index.cfm/hearings?ID=D7B621C5-BEB5-418D-B814- 

AEBFF10FFC21. 21 Id. See also Testimony of Hon. Gary Resnick, Mayor of Wilton Manors, Florida, Senate 

Committee on Commerce, Science, and Transportation, Removing Barriers to Wireless 

Broadband Deployment, October 7, 2015, video available at http://www.commerce.senate.gov/ 

public/index.cfm/hearings?ID=D7B621C5-BEB5-418D-B814-AEBFF10FFC. 22Testimony of Hon. Jonathan S. Adelstein, President & CEO, PCIA – The Wireless Infrastructure Association, Senate Committee on Commerce, Science, and Transportation, Removing 

Barriers to Wireless Broadband Deployment, October 7, 2015, at http:// 

Moreover, a thriving wireless broadband environment requires 

both licensed and unlicensed spectrum. Deploying a wireless network is a lengthy, resource intensive process, and licensed spectrum helps guarantee reliable service and encourages greater investment and technical innovation by providing carriers with needed certainty. Similarly, unlicensed spectrum guarantees industries 

and entrepreneurs the spectrum they need for the advancement of 

unlicensed services and technologies. Both are necessary to support 

the growing wireless ecosystem, and the MOBILE NOW Act would 

require that the Commission satisfy requirements for both. Specifically the MOBILE NOW Act would require the Commission to designate at least 100 MHz of the newly available spectrum for licensed use and at least 100 MHz for unlicensed use. 

It can take years to identify spectrum that can be made available 

for commercial use, allocate the spectrum, create service rules, develop auction rules for spectrum to be auctioned, conduct an auction, and relocate incumbent operations, all before beginning to deploy the networks providing service to American consumers. The 

NTIA estimated that it would take 10 years and cost $18 billion 

to clear and repurpose 95 MHz of spectrum in the 1755 to 1850 

MHz band.17 Much of this process must be undertaken before industry can have the reasonable certainty that is necessary to undertake massive investment in new technology. 

In order to facilitate deployment of both fixed and mobile networks, the MOBILE NOW Act addresses a number of barriers to 

deployment. At the Committee’s October 7, 2015, hearing on ‘‘Removing Barriers to Wireless Broadband Deployment,’’ witnesses 

identified a number of steps Congress could take to enable faster 

and more efficient deployment of advanced telecommunications 

services. Noting ‘‘[t]he myriad of processes and procedures among 

different Federal agencies often poses insurmountable obstacles to 

siting wireless infrastructure on Federal property,’’ 18 witnesses 

recommended requiring agencies to use master templates,19

streamlining disparate agency processes,20 establishing a shot-clock 

for Federal agency consideration of leases,21 establishing ‘‘dig-once’’ 

procedures to reduce the cost and disruption of deployments,22 and 

5 

www.commerce.senate.gov/public/index.cfm/hearings?ID=D7B621C5-BEB5-418D-B814- 

AEBFF10FFC21. 23Testimony of Mr. Douglas Kinkopf, Associate Administrator, Office of Telecommunications 

and Information Applications National Telecommunications and Information Administration, 

Senate Committee on Commerce, Science, and Transportation, Removing Barriers to Wireless 

Broadband Deployment, October 7, 2015, at http://www.commerce.senate.gov/public/index.cfm/ 

hearings?ID=D7B621C5-BEB5-418D-B814-AEBFF10FFC21. 

establishing a database of key information regarding Federal properties, with appropriate protections for national security.23 The 

MOBILE NOW Act would address each of these matters. 

The MOBILE NOW Act is an essential step in making spectrum 

available and promoting deployment necessary to secure American 

5G leadership for the next generation of communications technology. 

SUMMARY OF PROVISIONS

To facilitate deployment of advanced telecommunications capability, MOBILE NOW would make more spectrum available for 

fixed and mobile broadband and would facilitate deployment of the 

infrastructure essential for the future of advanced telecommunications capability. 

MOBILE NOW would do the following, among other things: 

• Require that 255 MHz of spectrum be made available for 

fixed and mobile wireless broadband use by 2020. At least 100 

MHz would be available on an unlicensed basis, and at least 

100 MHz on an exclusive, licensed basis. 

• Direct the NTIA to study the impact of allowing fixed or 

mobile operations in certain identified spectrum bands with existing Federal users, and subsequently direct the FCC to publish a notice of proposed rulemaking regarding service rules for 

mobile or fixed wireless operation in those and additional specified bands. 

• Require the Secretary of Commerce (the Secretary) to 

evaluate and report to Congress on the feasibility of allowing 

commercial wireless services in the spectrum band between 

3100 and 3500 MHz, and require the Commission to do the 

same regarding the spectrum band between 3700 to 4200 MHz. 

• Streamline the process of applying for easements, rightsof-way, and leases for federally-managed property. 

• Establish a National Broadband Facilities Asset Database 

of Federal property, and make the database available to entities that construct or operate communications facilities. 

• Direct the Secretary to prepare a report of legislative and 

regulatory proposals, including use of the auction proceeds, to 

provide incentives to Federal entities to relinquish or share 

spectrum with Federal and non-Federal users. 

• Require the FCC to study the best means of providing Federal entities shared access to non-Federal spectrum, for example during emergencies. 

• Require the FCC to adopt rules regarding unlicensed operations in guard bands designated by the Commission. 

• Require the FCC to conduct a rulemaking regarding the 

partitioning and disaggregation of spectrum licenses, and other 

measures, to promote availability of advanced telecommunications services in rural areas. 

6 

• Require the FCC to develop a national plan for making additional radio frequency bands available for unlicensed operations. 

LEGISLATIVE HISTORY

On July 29, 2015, the Committee held a hearing on ‘‘Wireless 

Broadband and the Future of Spectrum Policy.’’ The Committee received testimony concerning steps Congress could take to promote 

the availability of additional spectrum as the wireless industry begins its planning for 5G wireless networks. It also heard from various witnesses on other improvements Congress and the FCC could 

make to national spectrum policy. 

On October 7, 2015, the Committee held a hearing on ‘‘Removing 

Barriers to Wireless Broadband Deployment.’’ The Committee received testimony regarding the importance of fixed and mobile 

wireless service to the U.S. economy, the need for additional spectrum to meet consumer demand, the need to streamline the process 

for deploying and densifying wireless networks, the technology gap 

facing rural America, and the role of local governments in deployment of wireless infrastructure. 

On February 11, 2016, Senators Thune and Nelson introduced S. 

2555, the MOBILE NOW Act. 

On March 3, 2016, the Committee held an Executive Session, 

during which S. 2555 was considered. The bill was approved unanimously, by voice vote, and was ordered to be favorably reported, as 

amended, with an amendment (in the nature of a substitute). 

Twelve first degree amendments to S. 2555 were agreed to by 

voice vote. The manager’s amendment sponsored by Senator Thune 

made numerous changes throughout the bill. The amendment sponsored by Senator Booker would require the Government Accountability Office (GAO) to assess unlicensed spectrum and Wi-Fi usage 

in low-income neighborhoods. 

The amendment sponsored by Senator Daines would require the 

Secretary and the FCC to consider the importance of the deployment of wireless broadband services in rural areas of the United 

States when making spectrum available pursuant to section 3 of 

the MOBILE NOW Act. 

The amendment sponsored by Senators Gardner, Booker, 

Blumenthal, and Rubio would require that the 500 MHz of spectrum made available pursuant to section 3 of the Act contain not 

less than 100 MHz of unlicensed spectrum and 100 MHz of spectrum licensed on an exclusive basis for commercial mobile use. 

The amendment sponsored by Senator Heller would require various Federal agencies to develop and report to Congress recommendations to streamline the process for considering applications requesting collocation, removal, or replacement of transmission equipment on an existing wireless tower or base stations. 

The amendment sponsored by Senators Heller and Manchin 

would require an executive agency that receives a duly filed application for certain easements, rights-of-way, or leases to grant or 

deny the application within 270 days. 

The amendment sponsored by Senators Klobuchar, Daines, Gardner, and Booker would expand the use of rights-of-way on Federalaid highways to accommodate broadband infrastructure and to imVerDate Sep 11 2014 07:00 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR427.XXX SR427
7 

prove broadband connectivity to rural communities and broadband 

services in urban areas. 

The amendment sponsored by Senators Klobuchar, Fischer, 

Daines, Udall, Manchin, Sullivan, and Ayotte would direct the FCC 

to begin a rulemaking related to partitioning or disaggregation of 

certain spectrum licenses when the FCC finds that doing so would 

likely result in increased availability of advanced telecommunications services in a rural area. 

The amendment sponsored by Senators Moran, Manchin, and 

Fischer would ensure that methods of collecting taxes and fees by 

private citizens on behalf of State and local governments are fair 

and effective and do not discriminate against interstate commerce 

for wireless telecommunications services. 

The amendment sponsored by Senator Peters would require the 

National Broadband Facilities Asset Database to be made available 

to State and local governments for inclusion in the database of information similar to that provided for certain properties managed 

by executive agencies, and would require a report on incentivizing 

participation by State and local governments to provide information for the National Broadband Facilities Asset Database. 

The amendment sponsored by Senator Schatz would state the 

policy of the United States with regard to unlicensed spectrum and 

would require the development of a national plan for making additional radio frequency bands available for unlicensed operations. 

The amendment sponsored by Senator Udall would allow the 

Secretary establish prize competitions for the development and 

commercialization of technology that improves spectrum efficiency 

and is capable of cost-effective deployment. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 2555—Making Opportunities for Broadband Investment and 

Limiting Excessive and Needless Obstacles to Wireless Act 

Summary: S. 2555 would authorize federal agencies to implement various programs and measures related to management of 

the electromagnetic spectrum. It would direct federal agencies to 

prepare reports, develop information for firms that provide telecommunications services, award prizes for advanced technologies, 

and ensure that certain radio frequencies are made available for 

commercial uses. The bill also would establish terms and conditions 

under which state and local governments may assess taxes or fees 

on certain telecommunication services. 

CBO estimates that implementing the bill would cost $85 million 

over the 2017–2021 period, subject to appropriation of the necessary amounts, mainly to develop new data systems and carry out 

spectrum management activities. CBO also estimates that enacting 

S. 2555 would increase net direct spending by $135 million over the 

2017–2026 period, primarily as a result of provisions that would accelerate spending related to making federal spectrum available for 

commercial use. Because enacting the bill would affect direct 

8 

spending, pay-as-you-go procedures apply. Enacting S. 2555 would 

not affect revenues. 

CBO estimates that enacting the legislation would not increase net direct spending or on-budget deficits by more than $5 billion 

in any of the four consecutive 10-year periods beginning in 2027. 

S. 2555 would impose intergovernmental mandates as defined in 

the Unfunded Mandate Reform Act (UMRA) by preempting state 

and local tax laws related to wireless telecommunication services 

and by preempting the jurisdiction of state and local courts in some 

cases. CBO estimates that the costs of the mandates, mostly in the 

form of foregone revenue to state and local governments, would not 

exceed the threshold established in UMRA ($77 million in 2016, adjusted annually for inflation). 

If the Federal Communications Commission (FCC) increases annual fee collections to offset the costs of implementing the bill, 

doing so would increase the cost of an existing private-sector mandate on some commercial entities regulated by the agency. Based 

on information from the FCC, CB0 estimates that the incremental 

cost of the mandate would be small, and fall well below the annual 

threshold established in UMRA for private-sector mandates ($154 

million in 2016, adjusted annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary effect of S. 2555 is shown in the following table. The costs 

of this legislation fall within several budget functions, including 

370 (commerce and housing credit) and 800 (general government). 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2017– 

2021 

2017– 

2026 

INCREASE IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ............... 5 27 25 25 24 3 3 3 4 4 106 123 

Estimated Outlays ................................. 4 11 20 25 25 18 9 3 4 4 85 123 

INCREASE OR DECREASE (¥) IN DIRECT SPENDING 

Estimated Budget Authority .................. 9 11 10 9 9 6 1 ¥3 52 31 48 135 

Estimated Outlays ................................. 9 11 10 9 9 6 1 ¥3 52 31 48 135 

Basis of estimate: For this estimate, CBO assumes that the bill 

will be enacted near the start of fiscal year 2017 and that the estimated amounts will be appropriated each year. Outlay estimates 

are based on historical spending patterns for affected programs. 

Spending subject to appropriation 

CBO estimates that implementing S. 2555 would cost $85 million 

over the 2017–2021 period, assuming appropriation of the necessary amounts. That estimate is net of fees that would be collected 

by the FCC to offset the agency’s administrative costs under the 

bill. 

Database of Federal Property for Telecommunications Uses. 

Under S. 2555, the Office of Science and Technology Policy (OSTP) 

would be required to establish a single database of information 

about federal real property that could be used as sites for telecommunications equipment owned and operated by nonfederal entities. Subject to certain restrictions, the database would be available 

to firms that construct or operate such facilities as well as to firms 

that provide communication services. The bill also would direct 

OSTP to include any data provided voluntarily by state or local 

9 

1The FCC awards most licenses to use the electromagnetic spectrum through competitive auctions. Those licenses give entities an exclusive right to use specific frequencies, subject to certain 

conditions. Spectrum made available on an unlicensed basis usually is available to any user, 

subject to restrictions aimed at preventing interference with other users. 

governments related to the availability of real property under their 

purview that could be used as sites for such equipment. 

The federal government currently maintains extensive information on its real property holdings—which include nearly 39 million 

acres of land and more than 275,000 buildings—but those databases do not indicate whether those properties would be appropriate sites for telecommunications equipment. CBO anticipates 

that more than 20 federal agencies would need to review the suitability of their property holdings for this purpose, which may involve assessing environmental and historic features as well as considering national security and public safety. 

The cost to prepare such an inventory would vary significantly 

depending on the level of detail included. Based on information 

from agencies and the cost of creating other federal databases, 

CBO estimates that preparing this data would cost large federal 

agencies, on average, about $4 million. In addition, CBO estimates 

that creating and maintaining the database would cost about $3 

million annually. Thus, CBO estimates that the cost of implementing this effort would total $71 million over the 2017–2021 period, assuming appropriation of the necessary amounts. Those costs 

could be higher if OSTP would need to integrate information from 

state and local governments, alternatively, costs could be lower if 

agencies do less analysis of the suitability of specific properties for 

private communications equipment. 

Spectrum Management. S. 2555 would direct the National Telecommunications and Information Administration (NTIA) and the 

FCC to conduct various studies and regulatory proceedings related 

to radio frequencies that may become available in the future for 

new uses. For example, the bill would require NTIA to study 

whether certain spectrum bands currently used by federal agencies 

could be used by nonfederal entities; following that report, the FCC 

would be required to undergo a rulemaking process on the possibility of reallocating those and other frequencies for new commercial uses. In addition, both agencies would be required to assist 

OSTP in developing the database of federal property and to develop 

plans for making spectrum available on either a licensed or an unlicensed basis.1

Based on information from those agencies, CBO estimates that 

the spectrum management activities required by the bill would cost 

the NTIA $8 million over the 2017–2021 period. Implementing the 

bill also would cost the FCC $6 million over the 2017–2021 period. 

Under current law the FCC is authorized to collect fees sufficient 

to offset the cost of its regulatory activities each year; therefore, 

CBO estimates that the spectrum management activities would 

have a negligible effect on net discretionary costs for the FCC, assuming appropriation actions consistent with that authority. 

Technology Prize. S. 2555 would establish a prize competition 

aimed at spurring the commercialization of more efficient and costeffective technologies for using the electromagnetic spectrum. The 

competition would be administered by the Secretary of Commerce 

in collaboration with other federal agencies. The bill would authorVerDate Sep 11 2014 07:00 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\SR427.XXX SR427
10 

ize the appropriation of $5 million for prize awards and such sums 

as may be necessary to administer the program. Based on the historical costs of administering other federal prize competitions, CBO 

estimates that implementing this program would cost a total $6 

million, assuming the appropriation of the necessary amounts. 

Direct spending 

CBO estimates that enacting S. 2555 would increase direct spending by $135 million over the 2017–2026 period, primarily as 

a result of provisions that would accelerate spending from the 

Spectrum Relocation Fund (SRF). Most of those costs would be offset by lower spending after 2026. 

Spectrum Relocation Fund. Current law authorizes federal agencies to spend a portion of the proceeds from spectrum auctions, 

without further appropriation, to cover the costs they incur to 

make federal frequencies available for new commercial uses. Under 

current law, such spending cannot begin until after the FCC 

awards licenses to the winning bidders and deposits the proceeds 

into the SRF. S. 2555 would authorize the Office of Management 

and Budget to borrow funds from the Treasury immediately after 

an auction closes and to deposit those amounts in the SRF. Making 

SRF funds available immediately following the end of a spectrum 

auction would accelerate spending from the fund. Because major 

relocation efforts typically take several years to complete, CBO estimates that enacting this provision would shift some outlays that 

otherwise would have occurred after 2026 into the 2017–2026 period. On balance, CBO estimates that this shift in the timing of 

outlays would increase net direct spending by $100 million over the 

2017–2026 period, primarily reflecting faster spending for costs associated with an auction that is expected to be completed in 2025. 

S. 2555 also would allow agencies to spend SRF funds sooner to 

plan for relocation efforts. Agencies currently may spend a portion 

of the funds in the SRF to develop relocation plans for auctions 

that are expected to occur within five years; this bill would authorize that spending to occur for auctions that may be scheduled within eight years. Based on information from agencies involved in relocation efforts, CBO estimates that this change would increase net 

direct spending by about $15 million over the 2017–2026 period 

and reduce outlays by corresponding amounts after 2026. 

Fees for telecommunications leases. Under current law fees that 

agencies charge to grant easements and rights-of-way for siting 

communications facilities on federal property may only be set to 

cover the agencies’ direct costs related to granting such easements 

and rights-of-way. Furthermore, those fees may not be spent without further appropriation. S. 2555 would apply those same conditions to leases that are issued for siting private ’communication facilities on federal property. 

The budgetary effects of applying those restrictions to leases 

would depend on the disposition of leasing proceeds under current 

law. For example, some agencies are allowed to spend the income 

from communications leases without further appropriation. CBO 

expects that reducing the amount collected in those instances 

would have no net effect on direct spending (because the loss of receipts would be offset by lower spending) but would increase costs 

needing to be covered by appropriations. By contrast, reducing fees 

11 

that currently cannot be spent without further appropriation would 

reduce the amount of income that otherwise would have been deposited in the Treasury as offsetting receipts (which are recorded 

in the budget as reductions in direct spending). 

CBO estimates that enacting this provision would primarily affect leasing fees deposited in the Federal Buildings Fund (FBF) by 

the General Services Administration (GSA), which may be spent 

only as provided in appropriation acts. According to GSA, the agency deposited $2 million and $3 million from communications leases 

into the FBF in 2014 and 2015, respectively. Based on information 

on the value of fees charged for cost recovery by other agencies for 

granting telecommunications rights-of-ways and easements, CBO 

estimates that proceeds from GSA’s new and renewed leases would 

be at least 90 percent lower than the market-based fees for leases 

collected under current law. In addition, CBO anticipates that such 

fees would be paid once, at the time of application, whereas leasing 

fees are paid annually over the life of the lease, which may be in 

effect for up to 20 years. On balance, CBO estimates that implementing this change would reduce net offsetting receipts (which increase direct spending) by $20 million over the 2017–2026 period. 

Other provisions. CBO estimates that other provisions in the bill 

would have no significant net effect on direct spending. For example, S. 2555 would direct the FCC and NTIA to make 255 megaherz 

of spectrum available for new commercial uses by 2020 on a licensed and unlicensed basis. CBO estimates that those requirements would have no significant net effect on projected proceeds 

from the FCC’s auctions because CBO anticipates that the FCC 

would auction licenses to use similar amounts of spectrum under 

its existing auction authority. 

Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The net 

changes in outlays that are subject to those pay-as-you-go procedures are shown in the following table. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 2555, AS ORDERED REPORTED BY THE 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON MARCH 3, 2016 

By fiscal year, in millions of dollars— 

2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2016– 

2021 

2016– 

2026 

NET INCREASE OR DECREASE (¥) IN THE DEFICIT 

Statutory Pay-As-You-Go Impact 0 9 11 10 9 9 6 1 ¥3 52 31 48 135 

Increase in long term direct spending and deficits: CBO estimates that enacting the legislation would not increase net direct 

spending or on-budget deficits by more than $5 billion in any of the 

four consecutive 10-year periods beginning in 2027. 

Estimated impact on state, local, and Tribal governments: S. 

2555 would impose intergovernmental mandates as defined in 

UMRA by preempting state and local tax laws related to wireless 

telecommunication services. The language of Section 21 is circular 

in nature, and consequently, it is difficult to clearly determine 

when state or local taxing authority would be allowed and when it 

would be preempted. For the purposes of this estimate, CBO has 

assumed that the bill would prohibit state and local governments 

12 

from collecting taxes on telecommunication services that are bundled with prepaid phones (or sold subsequently to reload wireless 

minutes) unless those taxes are levied on the retail seller of the 

prepaid phone or minutes. For instance, a state could not collect 

taxes from the company that provides minutes for a prepaid phone 

if those minutes are sold by a separate retailer that does not provide the minutes directly to the user; instead, they would need to 

collect the tax from the retailer. 

Most states that levy telecommunications taxes on the sale of 

prepaid phones or minutes collect the taxes from retailers. CBO 

could identify only two states with laws that would allow taxes to 

be collected for prepaid wireless minutes from telecommunication 

providers that did not sell the phones directly. The revenues those 

states collect from such transactions total about $5 million annually. While such taxes would clearly be prohibited by Section 21, 

the language in the bill is written generally and is not explicitly 

limited to the taxation of telecommunication services associated 

with prepaid phones. Even so, CBO could identify no other likely 

case in which Section 21 would prohibit the collection of state 

taxes. Consequently, CBO estimates that the cost to state and local 

governments in the form of forgone revenues would fall well below 

the threshold established in UMRA ($77 million in 2016, adjusted 

annually for inflation). The bill also would preempt the authority 

of state and local courts to assert jurisdiction in cases that involve 

such taxation. That preemption also would be a mandate as defined 

in UMRA, but it would impose no significant costs in and of itself. 

Finally, the bill would require states that receive federal highway aid to meet new requirements to facilitate the installation of 

broadband infrastructure. Such requirements would be conditions 

of assistance and thus not intergovernmental mandates as defined 

in UMRA. 

Estimated impact on the private sector: If the FCC increases annual fee collections to offset the costs of implementing the bill, 

doing so would increase the cost of an existing private-sector mandate on some commercial entities regulated by the agency. The 

FCC is authorized to collect fees sufficient to offset its regulatory 

costs each year, subject to its annual appropriation. Based on information from the FCC, CBO estimates that the incremental cost of 

the mandate would be small—no more than about $6 million over 

the 2017–2021 period—and fall well below the annual threshold established in UMRA for private-sector mandates ($154 million in 

2016, adjusted annually for inflation). 

Estimate prepared by: Federal costs: Kathleen Gramp; Impact on 

State, Local, and Tribal Governments: Rachel Austin; Impact on 

the Private Sector: Logan Smith. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

13 

NUMBER OF PERSONS COVERED

States and local jurisdictions would be covered by the bill’s provision dealing with the collection of taxes, fees, or surcharges related 

to wireless telecommunications services. Otherwise, the number of 

persons covered by this legislation should be consistent with current levels. 

ECONOMIC IMPACT

The legislation would promote more efficient use of spectrum and 

the efficient deployment of fixed and mobile broadband throughout 

the United States, allowing the Nation to extend its technology 

leadership to the next generation of communications technology 

and extending to more Americans the benefits of advanced telecommunications capability. The legislation would remove barriers 

to deployment of communications networks—an industry responsible for an estimated $1.4 trillion investment in the last 20 

years—and maximize the value of America’s spectrum resources for 

the American consumer in an industry that generates hundreds of 

billions of dollars of economic activity annually. 

PRIVACY

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

PAPERWORK

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

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; table of contents. 

This section would provide that the bill may be cited as the 

‘‘Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless Act’’ or the ‘‘MOBILE 

NOW Act.’’ This section would further provide a table of contents 

for the bill. 

Section. 2. Definitions. 

This section would provide definitions for various terms used 

throughout the bill. 

Section 3. Making 500 megahertz available. 

Section 3(a)(1) would direct the Secretary, through the NTIA and 

the Commission, to make at least 255 additional MHz of Federal 

and non-Federal spectrum below the frequency of 6000 MHz available for mobile and fixed wireless broadband use on a licensed or 

unlicensed basis by December 31, 2020. 

14 

24The FCC and the National Telecommunications and Information Administration: Coordination Procedures in the 1675-1710 MHz Bands, Public Notice, GN Docket No. 13-185, 10-11 (rel. 

Jul. 18, 2014). 

By directing the Secretary and the Commission to make spectrum available below 6000 MHz, the Committee recognizes that 

technology in those bands is currently the most mature for mobile 

and fixed deployment and can best be used to meet immediate and 

medium-term requirements. Lower band spectrum—below 3000 

MHz—is particularly valuable for licensed mobile wireless use because of its propagation characteristics and proximity to other spectrum already being used in licensed commercial mobile networks. 

Section 3(a)(2) would provide additional direction to the Commission on how the 255 MHz of spectrum under section 3(a)(1) should 

be made available. In particular, section 3(a)(2)(A) would require 

the Commission to make the spectrum available either for exclusive use, or on a shared basis by non-Federal and Federal users for 

licensed or unlicensed use. Section 3(a)(2)(B) would further clarify 

that the Commission must make at least 100 MHz available on an 

unlicensed basis, and at least 100 MHz available on an exclusive, 

licensed basis for commercial mobile use. The 100 MHz available 

for exclusive, licensed commercial use would be subject to the Commission’s authority to implement exclusive licensing in a flexible 

manner, including allowing incumbent Federal entities to continue 

to use that spectrum in designated geographic areas indefinitely. 

The section would leave to the Commission’s discretion, based on 

its assessment of needs, the designation of the remaining 55 MHz 

of spectrum that this section would require the Commission and 

the Secretary to make available. 

By stating that 100 MHz of spectrum must be made available for 

exclusive, licensed use, the Committee intends that this spectrum 

not be generally shared with non-Federal and Federal users as 

specified in section 3(a)(2)(A). Nevertheless, the Committee recognizes the great success that has been achieved by Federal entities 

cooperating with winners of the Advanced Wireless Service (AWS3) auction. AWS-3 licensees must protect Federal entities in that 

spectrum, and the Commission has required AWS-3 licensees and 

Federal entities to work together to share information about their 

systems, agree to appropriate interference methodologies, and communicate results so as to facilitate commercial use of the band. The 

Commission and the NTIA have jointly issued guidance for licensees and Federal entities regarding the coordination process.24 Accordingly, section 3(a)(2)(B) would allow the Commission to replicate the AWS-3 success by allowing incumbent Federal licensees 

in the 100 MHz of spectrum available for exclusive, licensed commercial use to continue to operate indefinitely. 

By stating that the spectrum specified in section 3(a)(2)(B) 

should be licensed in a flexible manner, the Committee intends 

that the Commission permit licensees to offer services of their 

choice—fixed or mobile—consistent with the Commission’s Table of 

Allocations under the regulatory scheme—common carrier or noncommon carrier—appropriate to those services. This flexibility is 

consistent with the Commission’s recent approach to licensing mobile wireless spectrum. 

15 

25See Amendment of the Commission’s Rules with Regard to Commercial Operations in the 

1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz Bands, Report and Order, 29 FCC Rcd. 

4610, ¶ 1 (2014) (providing for the auction of spectrum in the 1695-1710 MHz, 1755-1780 MHz, 

and 2155-2180 MHz bands – the Advanced Wireless Service, or ‘‘AWS-3,’’ bands); Amendment 

of the Commission’s Rules with Regard to Commercial Operations in the 3550-3650 MHz Band, 

Report and Order, 30 FCC Rcd. 3959, ¶¶ 63-64, 72 (2015) (establishing the Citizens Broadband 

Radio Service in the frequencies between 3550 and 3700 MHz; providing that a maximum of 

70 MHz of this spectrum will be available on a licensed basis with the licenses assigned via 

auction, and the remainder will be available on a license-by-rule basis; and providing that where 

the licensed portion of this spectrum is not being used by licensees, other parties may operate 

opportunistically on the spectrum on a license-by-rule basis). 

The Committee intends that the 100 MHz of unlicensed spectrum 

referenced in section 3(a)(2)(B) be available for shared use by nonFederal and Federal users. 

Under section 3(a)(3), the Commission and the Secretary would 

not be permitted to consider the following spectrum in determining 

which frequencies to make available pursuant to this section: (i) 

the frequencies between 1695 and 1710 MHz; (ii) the frequencies 

between 1755 and 1780 MHz; (iii) the frequencies between 2155 

and 2180 MHz; (iv) the frequencies between 3550 and 3700 MHz; 

and (v) any spectrum that the Commission determines had more 

than de minimis mobile or fixed wireless broadband operations 

within the band on the day before the date of enactment of this 

Act. 

The Commission has taken steps in recent years to make more 

spectrum available for mobile use. The spectrum specified in section 3(a)(3) has either already been auctioned or the Commission 

has already taken steps to permit its use.25 Thus, to ensure that 

the Commission and the NTIA make available new frequencies, 

section 3(a)(3) would prevent the Commission and the NTIA from 

considering the spectrum specified above. In addition, section 

3(a)(3)(E) would clarify that even where spectrum is not listed in 

subparagraphs (A) through (D) of section 3(a)(3), if the Commission 

has already permitted the use of that spectrum, it should not be 

counted toward the 255 MHz requirement imposed by this section. 

Section 3(a)(4) would require that the NTIA, in performing its actions under this section, shall conform those actions to section 

113(j) of the National Telecommunications and Information Administration Reorganization Act (47 U.S.C. 923(j)), which requires the 

NTIA to prioritize the reallocation of a Federal spectrum band for 

exclusive non-Federal use over shared use of such band. 

Section 3(a)(5) would direct the Secretary and the Commission to 

consider the following in determining which frequencies to make 

available: (i) the need to preserve critical existing and planned Federal Government capabilities; (ii) the impact on existing State, 

local, and tribal government capabilities; (iii) the international implications; (iv) the need for appropriate enforcement mechanisms 

and authorities; and (v) the importance of the deployment of wireless broadband services in rural areas of the United States. 

The Committee intends for section 3(a)(5) to help guide the Secretary’s and the Commission’s actions to make available additional 

spectrum under this section. In particular, the Committee believes 

that both should consider whether particular frequencies can help 

increase broadband deployment in rural areas. In addition, the 

Committee understands that there is value in international harmonization of spectrum bands, which is why the Committee has directed these two entities to consider the international implications 

16 

of their actions to make available additional spectrum pursuant to 

section 3. Internationally harmonized band plans can minimize interference along U.S. borders, facilitate international roaming, and 

reduce the cost of wireless development, deployment, and equipment. But the Committee also intends that international harmonization or lack thereof should not be determinative. 

Section 3(b) would state that section 3 should not be construed 

to: (i) impair or otherwise affect the functions of the Director of 

OMB relating to budgetary, administrative, or legislative proposals; 

(ii) require the disclosure of classified information, law enforcement 

sensitive information, or other information that must be protected 

in the interest of national security; or (iii) affect any existing requirement under section 156 of the National Telecommunications 

and Information Administration Organization Act (47 U.S.C. 921 

note), or any other relevant statutory requirement applicable to the 

reallocation of Federal spectrum. 

Section 4. Millimeter wave spectrum. 

This section would direct the NTIA, in consultation with the 

Commission, to conduct an assessment evaluating the feasibility of 

allowing mobile or fixed terrestrial wireless operations, including 

for broadband, in six specified bands between the frequencies of 24 

gigahertz and 86 gigahertz. This assessment would consider the 

impact of allowing such services on Federal entities and operations 

in the identified bands. In conducting this assessment, the NTIA 

would be required to consult directly with affected Federal entities 

and consider the impact authorizing fixed terrestrial wireless operations in a particular band would have on an affected Federal entity. 

This section would further direct the FCC to publish a notice of 

proposed rulemaking (NPRM) within 2 years of enactment to consider service rules authorizing mobile or fixed terrestrial wireless 

operations in various identified millimeter wave spectrum bands. 

The NPRM would cover any Federal bands identified in the NTIA 

assessment as being feasible for terrestrial wireless operations, 

along with the bands between the frequencies of 24 gigahertz and 

86 gigahertz, identified in this section that do not contain Federal 

allocations. As part of any rulemaking conducted by the Commission pursuant to this section, the Commission would be required to 

consult with Federal entities via NTIA. It also would be required 

to consider how the bands may best be used for commercial wireless broadband servicing, including whether access to the bands 

should be on a licensed, unlicensed, or shared basis. Finally, any 

rulemaking would be required to include technical characteristics 

for the relevant bands, including coexistence requirements. 

Section 5. 3 Gigahertz spectrum. 

This section would direct the Secretary to submit a report to the 

President and to Congress within 18 months of enactment evaluating the feasibility of allowing commercial wireless services, licensed or unlicensed, to share the use of the frequencies between 

3100 MHz and 3550 MHz. This section would further direct the 

FCC to submit a report to the President and to Congress, within 

18 months of enactment, evaluating the feasibility of allowing commercial wireless services, licensed or unlicensed, to share the use 

17 

26Formerly known as the National Science Historic Preservation Act. See enactment of title 

54 by Public Law 113–287. 

of the frequencies between 3700 MHz and 4200 MHz. Both reports 

would be required to be completed in consultation with the head 

of each affected Federal agency (or a designee). And the Commission would be required to seek public comment on the reports. 

Both reports would be required to include an assessment of the 

impacts such sharing may have on the incumbent Federal and nonFederal operations in the relevant bands (along with criteria that 

can protect such operations from harmful interference), and an 

identification of which frequencies in those bands may be most 

suitable for sharing with commercial services, (whether such sharing is accomplished by new licenses distributed by competitive bidding, unlicensed operations, or a combination of the two), if such 

sharing is determined to be feasible. 

Section 6. Distributed antenna systems and small cell infrastructure. 

This section would direct the FCC to take action in its proceeding 

titled ‘‘Program Alternatives for Small Wireless Communications 

Facility Deployments’’ no later than December 31, 2016. 

Section 7. Communications facilities deployment on Federal property. 

This section would amend section 6409 of the Middle Class Tax 

Relief and Job Creation Act of 2012 (47 U.S.C. 1455) to require executive agencies to use applications developed by the General Services Administration (GSA) for easements, rights-of-way, and lease 

requests and GSA-developed master contracts for placement of 

communications facility installations on Federal property, unless 

such agency uses a substantially similar application. The section 

also would specify that fees for leases be based on direct cost recovery, as they already are for easements and rights-of-way, except 

under certain circumstances. Review of any application submitted 

under this section would have to occur within 270 days. This section would further require a Federal agency to provide any applicant for a Federal easement, right-of-way, or lease the following: a 

written denial of the application, if applicable; and a point of contact within the agency. This section also would expand the types 

of infrastructure covered by section 6409 to further facilitate the 

deployment of wireless, wireline, licensed, and unlicensed communications services. Nothing in section 6409(b)(5) of that Act could 

be construed to relieve agencies of their obligations pursuant to division A of subtitle I of title 54, United States Code,26 or the National Environmental Policy Act of 1969. 

Section 7(c) would require the NTIA, in coordination with other 

named agencies, to develop within 2 years of enactment recommendations to streamline the process for considering applications for communications facilities deployment on Federal property, 

including procedures for tracking and expediting decisions on applications. The report would be required to include recommendations 

related to tracking of applications, reducing the amount of time for 

an agency to reach a final decision on an application, and expediting renewals of easements, leases, or other authorizations. 

18 

Section 8. Broadband infrastructure deployment. 

This section would establish procedures designed to expand the 

use of rights-of-way on Federal-aid highways to accommodate 

broadband infrastructure and to improve broadband connectivity to 

rural communities and broadband services in urban areas. Specifically, the section would require the Secretary of Transportation to 

ensure that, in each State that receives funds under chapter 1 of 

title 23 of the United States Code, the departments of transportation of those States must identify a broadband utility coordinator 

responsible for coordinating broadband infrastructure rights-of-way 

needs; establish a process for registering broadband infrastructure 

entities that seek to be included in broadband infrastructure rightof-way coordination efforts within the State; coordinate broadband 

infrastructure right-of-way efforts with statewide telecommunications and broadband plans, and with State and local transportation and land use plans; and to include in their State broadband 

infrastructure coordination plans strategies to minimize repeated 

excavations that involve the installation of broadband infrastructure in a right-of-way. The section would require State departments of transportation to take appropriate measures to ensure 

that existing broadband infrastructure entities are not disadvantaged compared to other broadband infrastructure entities, with respect to the program under this section. This section also would 

find that it is the policy of the United States for the Department 

of Transportation and State departments of transportation to, 

among other things, develop rights-of-way policies to effectively accommodate broadband infrastructure in the public right-of-way. 

The Committee intends for this policy, and the other provisions of 

this section, to promote a national dig once strategy to make sure 

that adequate broadband conduit is installed during highway 

projects and made accessible to broadband providers. The Committee believes that a national dig once strategy is an important 

component of an overall national plan to speed deployment of both 

wireline and wireless broadband facilities and ensure that all 

Americans have access to adequate high-speed broadband services. 

Section 9. National broadband facilities asset database. 

This section would require the Office of Science and Technology 

Policy (OSTP), in consultation with the FCC, NTIA, GSA, National 

Institute of Standards and Technology, and OMB, to establish and 

operate a database, not later than June 30, 2018, of Federal real 

property capable of supporting the installation of communications 

facilities (as that term is defined in this section). Federal agencies 

would be required to provide the OSTP with information for inclusion in the database on covered property owned, leased or otherwise managed by the agency within certain statutory deadlines. 

This section would require a process for withholding data from the 

database to protect national security, public safety, and other national security concerns. This section would further require the 

OSTP to report to Congress on progress in establishing the database within 180 days of seeking public comment on the database, 

as required by this section, then annually thereafter until the database is fully operational, and each year for 5 years after it is operational. State governments would be able to provide information on 

covered property owned, leased or otherwise managed by the State 

19 

for inclusion in the database, but would not be required to do so. 

Within a year of enactment, the Director of OSTP would be required to prepare and to submit to the designated committees of 

Congress a report on ways to incentivize State and local governments to provide information for inclusion in the database, which 

must include certain required information. Within 2 years from the 

establishment of the database, the Director of OSTP would be required to provide an update on that report and provide recommendations on ways to further incentivize State and local governments to provide information to the database. 

Section 10. Reallocation incentives. 

This section would direct the Secretary, in consultation with the 

FCC, OMB, and heads of affected Federal agencies (or their designees), to submit within 18 months of enactment a report to Congress on legislative or regulatory proposals to incentivize Federal 

entities to relinquish or share their spectrum for commercial wireless broadband services. The report would be subject to notice and 

public comment. This report also would evaluate allowing the winners of spectrum auctions involving spectrum being reallocated 

from Federal use to pay Federal entities to accelerate the post-auction relocation and transition process. The term payment would be 

defined to include both cash and in-kind contributions to a Federal 

entity. A payment would only be permitted after auction of the 

spectrum but before completion of the entities Transition Plan. 

Section 11. Bidirectional sharing study. 

This section would direct the FCC to conduct a bidirectional 

sharing study to determine the best means of providing Federal entities flexible access to non-Federal spectrum on a shared basis 

across a range of time frames, including for emergency use. This 

study would be submitted to Congress within 1 year of enactment 

and after public comment, along with any recommendations for legislation or proposed regulations. As part of the report, the Commission would be required to consider the regulatory certainty needed 

by both commercial users and Federal entities as they make longterm investments for shared access to be viable, and whether there 

are barriers to voluntary bidirectional sharing arrangements. 

Section 12. Unlicensed services in guard bands. 

This section would require the FCC to adopt rules, after public 

notice and comment in consultation with affected Federal agencies 

to allow unlicensed use in the guard bands, including duplex gaps, 

of any auctioned spectrum bands after the date of enactment, as 

long as doing so is feasible and would not cause harmful interference to a licensed service or a Federal service operating in the 

guard band or in an adjacent band. Subsection (c) of this section 

would provide that nothing in this section shall be construed as 

limiting the authority of the FCC or the Department of Commerce 

to make other spectrum available for licensed or unlicensed use 

consistent with their respective statutory jurisdictions. 

Section 13. Pre-Auction funding. 

This section would amend section 118(d)(3)(B)(C)(II) of the National Telecommunications and Information Administration OrgaVerDate Sep 11 2014 07:00 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00021 Fmt 6659 Sfmt 6602 E:\HR\OC\SR427.XXX SR427
20 

nization Act (47 U.S.C. 928(d)(3)(B)(C)(II)) to allow Federal agencies to receive pre-auction funding for potential auctions that are 

likely to occur within 8 years, rather than the current statutory 

window of 5 years. 

Section 14. Immediate transfer of funds. 

This section would amend section 118(e)(1) of the National Telecommunications and Information Administration Organization Act 

(47 U.S.C. 928(e)(1)) to permit the OMB to accelerate certain payments to Federal entities who are relinquishing spectrum for commercial use in order to accelerate the process of making that spectrum available to other users. Specifically, the OMB would be authorized to transfer Spectrum Relocation Fund funds to a Federal 

entity vacating spectrum (or incurring costs to share spectrum with 

another Federal user vacating spectrum for auction) immediately 

upon reallocation of those frequencies by competitive bidding by the 

FCC. Such transfers would be able to occur regardless of the availability of auction proceeds in the Spectrum Relocation Fund, and 

the OMB would be permitted to borrow monies from the Treasury 

to cover any immediate transfers (borrowed money would be repaid, without interest, from auction proceeds later deposited in the 

Spectrum Relocation Fund). 

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

This section would amend section 1008 of the Spectrum Pipeline 

Act (Public Law 114–74; 129 Stat. 584) to require notice and all opportunity for public comment for that section’s reports. 

Section 16. GAO Assessment of Unlicensed Spectrum and Wi-fi use 

in low-income neighborhoods. 

This section would direct the Comptroller General of the United 

States to conduct a study to evaluate availability of broadband 

Internet access using unlicensed spectrum and wireless networks 

in low-income neighborhoods. This section would further direct the 

Comptroller General to consider and evaluate the availability of 

wireless Internet hot spots and access to unlicensed spectrum in 

low-income neighborhoods, in particular for elementary and schoolaged children in such neighborhoods, as well as barriers to deployment and use of such networks; incentives, policies, or requirements that would increase the availability of unlicensed spectrum 

and related technologies in low-income neighborhoods; and how to 

encourage home broadband adoption by households with elementary and secondary school-age children that are in low-income 

neighborhoods. The section would require the Comptroller General 

to issue a report, not later than 1 year after enactment of this Act, 

summarizing the findings of the study and making recommendations with respect to potential incentives, policies, and requirements that could help overcome barriers to the availability of unlicensed spectrum and related technologies in low-income neighborhoods and encourage the adoption of broadband by households with 

elementary and secondary school-age children that are in low-income neighborhoods. 

21 

Section 17. Rulemaking related to partitioning or disaggregating licenses. 

This section would direct the FCC, not later than 1 year after the 

date of the enactment of this Act, to initiate a rulemaking proceeding to assess whether to establish a program, or modify existing programs, under which a licensee that receives a license for the 

exclusive use of spectrum in a specific geographic area under section 301 of the Communications Act of 1934 (47 U.S.C. 301) may 

partition or disaggregate the license by sale or long-term lease to 

provide services consistent with the license while also making unused spectrum available to eligible small carriers or carriers serving rural areas, if the Commission finds such a program would promote the availability of advanced telecommunications services in 

rural areas or spectrum availability for eligible small carriers. 

The section would direct the Commission, as part of the rulemaking, to consider whether reduced performance requirements 

with respect to spectrum obtained through such program would facilitate deployment of advanced telecommunications services in the 

areas covered by the program; what conditions would be needed on 

transfers of spectrum under such a program to allow eligible small 

carriers that obtain spectrum under the program to build out the 

spectrum in a reasonable period of time; what incentives would be 

appropriate to encourage licensees to lease or sell spectrum, including extending a license term or modifying performance requirements of the license relating to the leased or sold spectrum; and 

other incentives considered by the Commission that would further 

the goals of this section. 

The section would direct that if a party fails to meet any build 

out requirements set by the Commission for any spectrum sold or 

leased under this section, the right to the spectrum would be forfeited to the Commission unless the Commission found that there 

was good cause for the failure to meet those requirements. The section would allow the Commission to offer licensees incentives or reduced performance requirements under this section only if the 

Commission found that doing so would likely result in increased 

availability of advanced telecommunications services in a rural 

area. 

Section 18. Unlicensed spectrum policy. 

This section would direct the FCC to make available on an unlicensed basis spectrum sufficient to meet demand for unlicensed 

wireless broadband operations if, after taking into account the future needs of other spectrum users, doing so would be reasonable 

and in the public interest. The section would require the Commission to take action to implement these efforts within 18 months 

after the date of enactment of this Act. The section further would 

provide that it is the policy of the United States, among other 

things, to promote spectrum policy that makes available on an unlicensed basis radio frequency bands sufficient to meet consumer demand for unlicensed wireless broadband operations. 

Section 19. National plan for unlicensed spectrum. 

This section would require the FCC, not later than 1 year after 

the enactment of this Act, to develop, in consultation with the 

NTIA, a national plan for making additional radio frequency bands 

22 

available for unlicensed operations. The section would require the 

national plan to identify an approach that ensures that consumers 

have access to additional spectrum to conduct unlicensed operation 

in a range of radio frequencies to meet consumer demand. The plan 

also would recommend specific actions by the Commission and the 

NTIA to permit unlicensed operation in additional radio frequency 

ranges. Those frequency ranges would be ones the Commission 

finds are consistent with an unlicensed spectrum policy established 

pursuant to section 18 of this Act; would expand opportunities for 

unlicensed operations in a spectrum band or that would otherwise 

improve spectrum use and intensity of use of bands where unlicensed operations are already permitted; would not cause harmful 

interference to Federal or non-Federal users of such bands; and 

would not significantly impact homeland security or national security communications. This section also would require the plan to 

examine additional ways, with respect to existing and planned 

databases or spectrum access systems designed to promote spectrum sharing and access to spectrum for unlicensed operations, to 

improve accuracy and efficacy; to reduce burdens on consumers, 

manufacturers, and service providers; and to protect sensitive Government information. 

To be included as part of the plan developed under this section, 

the NTIA would be required to share with the Commission recommendations about how to reform the Spectrum Relocation Fund 

to address costs incurred by Federal entities related to sharing 

radio frequency bands with radio technologies conducting unlicensed operations and to ensure that the Fund has sufficient funds 

to cover the costs associated with such sharing and other expenditures allowed of the Fund under section 118 of the National Telecommunications and Information Administration Organization Act 

(47 U.S.C. 928). 

The section would require the Commission to submit a report to 

Congress that describes the plan developed under this section, including any recommendations for legislative change, and to make 

the report publicly available on the Commission’s website. 

Section 20. Spectrum challenge prize. 

This section would require that the Secretary, in consultation 

with the Assistant Secretary of Commerce for Communications and 

Information and the Under Secretary of Commerce for Standards 

and Technology, conduct prize competitions to dramatically accelerate the development and commercialization of technology that 

improves spectrum efficiency and is capable of cost-effective deployment; and define a measurable set of performance goals for participants in the prize competitions to demonstrate their solutions on 

a level playing field while making a significant advancement over 

the current state of the art. Such prized competitions would be subject to availability of funds. The section would allow the Secretary 

to enter into a grant, contract, cooperative agreement, or other 

agreement with a private sector for-profit or nonprofit entity to administer the prize competitions; to invite the Defense Advanced Research Projects Agency, the FCC, the National Aeronautics and 

Space Administration, the National Science Foundation, or any 

other Federal agency to provide advice and assistance in the design 

or administration of the prize competitions; and to award not more 

23 

than $5,000,000, in the aggregate, to the winner or winners of the 

prize competitions. The FCC would be required to publish a technical paper on spectrum efficiency providing criteria that may be 

used for the design of the prize competitions not later than 180 

days after the date on which funds for prize competitions are made 

available pursuant to this section. The section would authorize the 

appropriation of such sums as may be necessary to carry out this 

section. 

Section 21. Wireless telecommunications tax and fee collection fairness. 

This section, without affecting the right of a State or local jurisdiction to require the collection of any tax, fee, or surcharge in connection with a specified financial transaction, would prevent a 

State or local jurisdiction from requiring a person to collect from, 

or remit on behalf of, any other person a State or local tax, fee, or 

surcharge imposed on a purchaser or user with respect to the purchase or use of any wireless telecommunications service within the 

State unless the collection or remittance is in connection with a financial transaction between the person that the State or local jurisdiction requires to collect or remit the tax, fee, or surcharge and 

the purchaser or user of the wireless telecommunications service. 

The section would permit any person aggrieved by the requirement of collecting or remitting on behalf of any other person such 

a fee in violation of this section to bring a civil action in an appropriate United States district court for equitable relief. Notwithstanding section 1341 of title 28 of the United States Code, or the 

constitution or laws of any State, the section would give the district 

courts of the United States jurisdiction, without regard to the 

amount in controversy or citizenship of the parties, to grant such 

mandatory or prohibitive injunctive relief, interim equitable relief, 

and declaratory judgments as may be necessary to prevent, restrain, or terminate acts in violation of this section. 

Section 22. Rules of construction. 

This section would provide that each range of frequencies described in the Act shall be construed as being inclusive of the upper 

and lower frequencies in such range. This section would further 

provide that nothing in the bill shall be construed to affect any requirement under section 156 of the National Telecommunications 

and Information Administration Organization Act (47 U.S.C. 921 

note), as added by the National Defense Authorization Act for Fiscal Year 2000. 

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

This section would provide that nothing in the Act shall limit, restrict, or circumvent the implementation of the public safety network known as FirstNet defined in section 6001 in title VI of the 

Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 

1401), or any rules implementing that network. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

24 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

MIDDLE CLASS TAX RELIEF AND JOB CREATION ACT OF 

2013 

[Public Law 112–96; 126 Stat. 156] 

SEC. 6409. WIRELESS FACILITIES DEPLOYMENT. 

[47 U.S.C. 1455] 

(a) FACILITY MODIFICATIONS.— 

(1) IN GENERAL.—Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104–104) or any other 

provision of law, a State or local government may not deny, 

and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not 

substantially change the physical dimensions of such tower or 

base station. 

(2) ELIGIBLE FACILITIES REQUEST.—For purposes of this subsection, the term ‘‘eligible facilities request’’ means any request 

for modification of an existing wireless tower or base station 

that involves— 

(A) collocation of new transmission equipment; 

(B) removal of transmission equipment; or 

(C) replacement of transmission equipment. 

(3) APPLICABILITY OF ENVIRONMENTAL LAWS.—Nothing in 

paragraph (1) shall be construed to relieve the Commission 

from the requirements of the National Historic Preservation 

Act or the National Environmental Policy Act of 1969. 

ø(b) FEDERAL EASEMENTS AND RIGHTS-OF-WAY.— 

ø(1) GRANT.—If an executive agency, a State, a political subdivision or agency of a State, or a person, firm, or organization 

applies for the grant of an easement or right-of-way to, in, 

over, or on a building or other property owned by the Federal 

Government for the right to install, construct, and maintain 

wireless service antenna structures and equipment and 

backhaul transmission equipment, the executive agency having 

control of the building or other property may grant to the applicant, on behalf of the Federal Government, an easement or 

right-of-way to perform such installation, construction, and 

maintenance. 

ø(2) APPLICATION.—The Administrator of General Services 

shall develop a common form for applications for easements 

and rights-of-way under paragraph (1) for all executive agencies that shall be used by applicants with respect to the buildings or other property of each such agency. 

ø(3) FEE.— 

ø(A) IN GENERAL.—Notwithstanding any other provision 

of law, the Administrator of General Services shall establish a fee for the grant of an easement or right-of-way pursuant to paragraph (1) that is based on direct cost recovery. 

ø(B) EXCEPTIONS.—The Administrator of General Services may establish exceptions to the fee amount required 

under subparagraph (A)— 

25 

1An application for an easement, right-of-way, or lease that was made or granted under section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) before 

the effective date of this Act shall continue, subject to that section as in effect on the day before 

such effective date. 

ø(i) in consideration of the public benefit provided by 

a grant of an easement or right-of-way; and 

ø(ii) in the interest of expanding wireless and 

broadband coverage. 

ø(4) USE OF FEES COLLECTED.—Any fee amounts collected by 

an executive agency pursuant to paragraph (3) may be made 

available, as provided in appropriations Acts, to such agency to 

cover the costs of granting the easement or right-of-way. 

ø(c) MASTER CONTRACTS FOR WIRELESS FACILITY SITINGS.— ø(1) IN GENERAL.—Notwithstanding section 704 of the Telecommunications Act of 1996 or any other provision of law, and 

not later than 60 days after the date of the enactment of this 

Act, the Administrator of General Services shall— 

ø(A) develop 1 or more master contracts that shall govern the placement of wireless service antenna structures 

on buildings and other property owned by the Federal Government; and 

ø(B) in developing the master contract or contracts, 

standardize the treatment of the placement of wireless 

service antenna structures on building rooftops or facades, 

the placement of wireless service antenna equipment on 

rooftops or inside buildings, the technology used in connection with wireless service antenna structures or equipment 

placed on Federal buildings and other property, and any 

other key issues the Administrator of General Services 

considers appropriate. 

ø(2) APPLICABILITY.—The master contract or contracts developed by the Administrator of General Services under paragraph (1) shall apply to all publicly accessible buildings and 

other property owned by the Federal Government, unless the 

Administrator of General Services decides that issues with respect to the siting of a wireless service antenna structure on 

a specific building or other property warrant nonstandard 

treatment of such building or other property. 

ø(3) APPLICATION.—The Administrator of General Services 

shall develop a common form or set of forms for wireless service antenna structure siting applications under this subsection 

for all executive agencies that shall be used by applicants with 

respect to the buildings and other property of each such agency. 

ø(d) EXECUTIVE AGENCY DEFINED.—In this section, the term ‘‘executive agency’’ has the meaning given such term in section 102 of 

title 40, United States Code.¿1

(b) FEDERAL EASEMENTS, RIGHTS-OF-WAY, AND LEASES.— 

(1) GRANT.—If an executive agency, a State, a political subdivision or agency of a State, or a person, firm, or organization 

applies for the grant of an easement, right-of-way, or lease to, 

in, over, or on a building or other property owned by the Federal Government for the right to install, construct, modify, or 

maintain a communications facility installation, the executive 

agency having control of the building or other property may 

26 

grant to the applicant, on behalf of the Federal Government, 

subject to paragraph (5), an easement, right-of-way, or lease to 

perform such installation, construction, modification, or maintenance. 

(2) APPLICATION.— 

(A) IN GENERAL.—The Administrator of General Services 

shall develop a common form for applications for easements, rights-of-way, and leases under paragraph (1) for 

all executive agencies that, except as provided in subparagraph (B), shall be used by all executive agencies and applicants with respect to the buildings or other property of 

each such agency. 

(B) EXCEPTION.—The requirement under subparagraph 

(A) for an executive agency to use the common form developed by the Administrator of General Services shall not 

apply to an executive agency if the head of an executive 

agency notifies the Administrator that the executive agency 

uses a substantially similar application. 

(3) FEE.— 

(A) IN GENERAL.—Notwithstanding any other provision of 

law, the Administrator of General Services shall establish 

a fee for the grant of an easement, right-of-way, or lease 

pursuant to paragraph (1) that is based on direct cost recovery. 

(B) EXCEPTIONS.—The Administrator of General Services 

may establish exceptions to the fee amount required under 

subparagraph (A)— 

(i) in consideration of the public benefit provided by 

a grant of an easement, right-of-way, or lease; and 

(ii) in the interest of expanding wireless and 

broadband coverage. 

(4) USE OF FEES COLLECTED.—Any fee amounts collected by 

an executive agency pursuant to paragraph (3) may be made 

available, as provided in appropriations Acts, to such agency to 

cover the costs of granting the easement, right-of-way, or lease. 

(5) TIMELY CONSIDERATION OF APPLICATIONS.— 

(A) IN GENERAL.—Not later than 270 days after the date 

on which an executive agency receives a duly filed application for an easement, right-of-way, or lease under this subsection, the executive agency shall— 

(i) grant or deny, on behalf of the Federal Government, the application; and 

(ii) notify the applicant of the grant or denial. 

(B) EXPLANATION OF DENIAL.—If an executive agency denies an application under subparagraph (A), the executive 

agency shall notify the applicant in writing, including a 

clear statement of the reasons for the denial. 

(C) APPLICABILITY OF ENVIRONMENTAL LAWS.—Nothing in 

this paragraph shall be construed to relieve an executive 

agency of the requirements of the National Historic Preservation Act (16 U.S.C. 470 et seq.) or the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

(D) POINT OF CONTACT.—Upon receiving an application 

under subparagraph (A), an executive agency shall desVerDate Sep 11 2014 07:00 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00028 Fmt 6659 Sfmt 6603 E:\HR\OC\SR427.XXX SR427
27 

ignate 1 or more appropriate individuals within the executive agency to act as a point of contact with the applicant. 

(c) MASTER CONTRACTS FOR COMMUNICATIONS FACILITY INSTAL- LATION SITINGS.— (1) IN GENERAL.—Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104–104; 110 Stat. 

151) or any other provision of law, the Administrator of General 

Services shall— 

(A) develop 1 or more master contracts that shall govern 

the placement of communications facility installation on 

buildings and other property owned by the Federal Government; and 

(B) in developing the master contract or contracts, standardize the treatment of the placement of communications 

facility installation on building rooftops or facades, the 

placement of communications facility installation on rooftops or inside buildings, the technology used in connection 

with communications facility installation placed on Federal 

buildings and other property, and any other key issues the 

Administrator of General Services considers appropriate. 

(2) APPLICABILITY.—The master contract or contracts developed by the Administrator of General Services under paragraph 

(1) shall apply to all publicly accessible buildings and other 

property owned by the Federal Government, unless the Administrator of General Services decides that issues with respect to 

the siting of a communications facility installation on a specific 

building or other property warrant nonstandard treatment of 

such building or other property. 

(3) APPLICATION.— 

(A) IN GENERAL.—The Administrator of General Services 

shall develop a common form or set of forms for communications facility installation siting applications that, except as provided in subparagraph (B), shall be used by all 

executive agencies and applicants with respect to the buildings and other property of each such agency. 

(B) EXCEPTION.—The requirement under subparagraph 

(A) for an executive agency to use the common form or set 

of forms developed by the Administrator of General Services shall not apply to an executive agency if the head of the 

executive agency notifies the Administrator that the executive agency uses a substantially similar application. 

(d) DEFINITIONS.—In this section: 

(1) COMMUNICATIONS FACILITY INSTALLATION.—The term 

‘‘communications facility installation’’ includes— 

(A) any infrastructure, including any transmitting device, 

tower, or support structure, and any equipment, switches, 

wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or 

wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and 

(B) any antenna or apparatus that— 

(i) is designed for the purpose of emitting radio frequency; 

(ii) is designed to be operated, or is operating, from 

a fixed location pursuant to authorization by the ComVerDate Sep 11 2014 07:00 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00029 Fmt 6659 Sfmt 6603 E:\HR\OC\SR427.XXX SR427
28 

mission or is using duly authorized devices that do not 

require individual licenses; and 

(iii) is added to a tower, building, or other structure. 

(2) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has the 

meaning given such term in section 102 of title 40, United 

States Code. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION 

ADMINISTRATION ORGANIZATION ACT 

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

SEC. 118. SPECTRUM RELOCATION FUND. 

[47 U.S.C. 928] 

* * * * * * * 

(d) FUND AVAILABILITY.— (1) APPROPRIATION.—There are hereby appropriated from the 

Fund such sums as are required to pay the relocation or sharing costs specified in subsection (c). 

(2) TRANSFER CONDITIONS.—None of the funds provided 

under this subsection may be transferred to any eligible Federal entity— 

(A) unless the eligible Federal entity has submitted a 

transition plan to the NTIA as required by paragraph (1) 

of section 113(h), the Technical Panel has found such plan 

sufficient under paragraph (4) of such section, and the 

NTIA has made available such plan on its website as required by paragraph (5) of such section; 

(B) unless the Director of OMB has determined, in consultation with the NTIA, the appropriateness of such costs 

and the timeline for relocation or sharing; and 

(C) until 30 days after the Director of OMB has submitted to the Committees on Appropriations and Energy 

and Commerce of the House of Representatives for approval, to the Committees on Appropriations and Commerce, Science, and Transportation of the Senate for approval, and to the Comptroller General a detailed plan describing specifically how the sums transferred from the 

Fund will be used to pay relocation or sharing costs in accordance with such subsection and the timeline for such 

relocation or sharing. 

Unless disapproved within 30 days, the amounts in the Fund 

shall be available immediately. If the plan is disapproved, the 

Director may resubmit a revised plan. 

(3) TRANSFERS FOR PRE-AUCTION COSTS.— (A) IN GENERAL.—Subject to subparagraph (B), the Director of OMB may transfer to an eligible Federal entity, 

at any time (including prior to a scheduled auction), such 

sums as may be available in the Fund to pay relocation or 

sharing costs related to pre-auction estimates or research, 

as such costs are described in section 113(g)(3)(A)(iii). 

(B) NOTIFICATION.—No funds may be transferred pursuant to subparagraph (A) unless— 

(i) the notification provided under paragraph (2)(C) 

includes a certification from the Director of OMB 

that— 

29 

(I) funds transferred before an auction will likely allow for timely implementation of relocation or 

sharing, thereby increasing net expected auction 

proceeds by an amount not less than the time 

value of the amount of funds transferred; and 

(II) the auction is intended to occur not later 

than ø5 years¿ 8 years after transfer of funds; and 

(ii) the transition plan submitted by the eligible Federal entity under section 113(h)(1) provides— 

(I) to the fullest extent possible, for sharing and 

coordination of eligible frequencies with non-Federal users, including reasonable accommodation 

by the eligible Federal entity for the use of eligible 

frequencies by non-Federal users during the period that the entity is relocating its spectrum uses 

(in this clause referred to as the ’transition period’); 

(II) for non-Federal users to be able to use eligible frequencies during the transition period in geographic areas where the eligible Federal entity 

does not use such frequencies; 

(III) that the eligible Federal entity will, during 

the transition period, make itself available for negotiation and discussion with non-Federal users 

not later than 30 days after a written request 

therefor; and 

(IV) that the eligible Federal entity will, during 

the transition period, make available to a nonFederal user with appropriate security clearances 

any classified information (as defined in section 

798(b) of title 18, United States Code) regarding 

the relocation process, on a need-to-know basis, to 

assist the non-Federal user in the relocation process with such eligible Federal entity or other eligible Federal entities. 

(C) APPLICABILITY TO CERTAIN COSTS.— (i) IN GENERAL.—The Director of OMB may transfer under subparagraph (A) not more than $10,000,000 for 

costs incurred after June 28, 2010, but before the date 

of the enactment of the Middle Class Tax Relief and 

Job Creation Act of 2012. 

(ii) SUPPLEMENT NOT SUPPLANT.—Any amounts 

transferred by the Director of OMB pursuant to clause 

(i) shall be in addition to any amounts that the Director of OMB may transfer for costs incurred on or after 

the date of the enactment of the Middle Class Tax Relief and Job Creation Act of 2012. 

(4) REVERSION OF UNUSED FUNDS.—Any amounts in the 

Fund that are remaining after the payment of the relocation 

or sharing costs that are payable from the Fund shall revert 

to and be deposited in the general fund of the Treasury, for the 

sole purpose of deficit reduction, not later than 8 years after 

the date of the deposit of such proceeds to the Fund, unless 

within 60 days in advance of the reversion of such funds, the 

Director of OMB, in consultation with the NTIA, notifies the 

30 

congressional committees described in paragraph (2)(C) that 

such funds are needed to complete or to implement current or 

future relocation or sharing arrangements. 

(e) TRANSFER TO ELIGIBLE FEDERAL ENTITIES.— 

(1) TRANSFER.— 

(A) Amounts made available pursuant to subsection (d) 

shall be transferred to eligible Federal entities, as defined 

in section 113(g)(1) of this Act. 

(B) An eligible Federal entity may receive more than one 

such transfer, but if the sum of the subsequent transfer or 

transfers exceeds 10 percent of the original transfer— 

(i) such subsequent transfers are subject to prior approval by the Director of OMB as required by subsection (d)(2)(B); 

(ii) the notice to the committees containing the plan 

required by subsection (d)(2)(C) shall be not less than 

45 days prior to the date of the transfer that causes 

such excess above 10 percent; and 

(iii) such notice shall include, in addition to such 

plan, an explanation of need for such subsequent 

transfer or transfers. 

(C) Such transferred amounts shall be credited to the 

appropriations account of the eligible Federal entity which 

has incurred, or will incur, such costs, and shall, subject 

to paragraph (2), remain available until expended. 

(D) At the request of an eligible Federal entity, the Director of OMB may transfer the amount under subparagraph 

(A) immediately— 

(i) after the frequencies are reallocated by competitive 

bidding under section 309(j) of the Communications 

Act of 1934 (47 U.S.C. 309(j)); or 

(ii) in the case of an incumbent Federal entity that 

is incurring relocation or sharing costs to accommodate 

sharing spectrum frequencies with another Federal entity, after the frequencies from which the other eligible 

Federal entity is relocating are reallocated by competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), without regard to 

the availability of such sums in the Fund. 

(E) Prior to the deposit of proceeds into the Fund from 

an auction, the Director of OMB may borrow from the 

Treasury the amount under subparagraph (A) for a transfer under subparagraph (D). The Treasury shall immediately be reimbursed, without interest, from funds deposited into the Fund. 

(2) RETRANSFER TO FUND.—An eligible Federal entity that 

has received such amounts shall report its expenditures to 

OMB and shall transfer any amounts in excess of actual relocation or sharing costs back to the Fund immediately after the 

NTIA has notified the Commission that the relocation of the 

entity or implementation of the sharing arrangement by the 

entity is complete, or has determined that such entity has unreasonably failed to complete such relocation or the implemenVerDate Sep 11 2014 07:00 Jan 11, 2017 Jkt 069010 PO 00000 Frm 00032 Fmt 6659 Sfmt 6602 E:\HR\OC\SR427.XXX SR427
31 

tation of such arrangement in accordance with the timeline required by subsection (d)(2)(B). 

* * * * * * * 

SPECTRUM PIPELINE ACT OF 2015 

[Public Law 114–74; 129 Stat.584] 

SEC. 1008. REPORTS TO CONGRESS. 

Not later than 3 years after the date of the enactment of this 

Act, the Commission, after notice and an opportunity for public 

comment, shall submit to Congress— 

(1) a report containing an analysis of the results of the rules 

changes relating to the frequencies between 3550 MHz and 

3650 MHz; and 

(2) a report containing an analysis of proposals to promote 

and identify additional spectrum bands that can be shared between incumbent uses and new licensed, and unlicensed services under such rules and identification of at least 1 gigahertz 

between 6 gigahertz and 57 GHz for such use. 

Æ