U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 115TH CONGRESS

1st Session 

REPORT

2017

115–4 

Calendar No. 17 

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. 19 

MARCH 21, 2017.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FIFTEENTH CONGRESS

FIRST SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

TED CRUZ, Texas AMY KLOBUCHAR, Minnesota 

DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut 

JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii 

DAN SULLIVAN, Alaska ED MARKEY, Massachusetts 

DEAN HELLER, Nevada CORY BOOKER, New Jersey 

JIM INHOFE, Oklahoma TOM UDALL, New Mexico 

MIKE LEE, Utah GARY PETERS, Michigan 

RON JOHNSON, Wisconsin TAMMY BALDWIN, Wisconsin 

SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois 

CORY GARDNER, Colorado MAGGIE HASSAN, New Hampshire 

TODD YOUNG, Indiana CATHERINE CORTEZ MASTO, Nevada 

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 


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Calendar No. 17 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–4 

MAKING OPPORTUNITIES FOR BROADBAND INVESTMENT 

AND LIMITING EXCESSIVE AND NEEDLESS OBSTACLES 

TO WIRELESS ACT 

MARCH 21, 2017.—Ordered to be printed 

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

Transportation, submitted the following 

R E P O R T 

[To accompany S. 19] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 19) 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. 19, 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 are made available for wireless 

broadband use, by reducing barriers to investment and innovation, 

and by facilitating deployment of broadband services, especially in 

rural areas, and for other purposes. 

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 


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1President Barack Obama, ‘‘Presidential Memorandum-Expanding Broadband Deployment 

and Adoption by Addressing Regulatory Barriers and Encouraging Investment and Training,’’ 

March 23, 2015, at https://obamawhitehouse.archives.gov/the-press-office/2015/03/23/presidential-memorandum-expanding-broadband-deployment-and-adoption-addr. 2 ‘‘comScore Reports January 2016 U.S. Smartphone Subscriber Market Share,’’ comScore, 

March 4, 2016, at http://www.comscore.com/Insights/Rankings/comScore-Reports-January-2016- 

US-Smartphone-Subscriber-Market-Share. 3 INFOGRAPHIC: Smartphones Comprise 77 Percent of Traffic on Wireless Networks, Cellular 

Telecommunications Information Agency (CTIA), June 26, 2015, at http://www.ctia.org/resourcelibrary/facts-and-infographics/archive/infographic-smartphones-comprise-77-percent-of-traffic-onwireless-networks; see also VNI Mobile Forecast Highlights, 2015-2020, Cisco, at http:// 

www.cisco.com/assets/sol/sp/vni/forecastlhighlightslmobile/index.html. 4Kleiner Perkins Caufield & Bayers (KPCB), ‘‘KPCB Internet Trends 2015,’’ 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, Presidential 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 Received (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. 

throughout the digital ecosystem.’’1 Wireless services and 

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

become an essential part of the Nation’s infrastructure. Last year 

198.5 million people in the United States owned smartphones,2 and 

smartphones comprised 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 in 2010, ‘‘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, next-generation gigabit wireless networks, including fifth generation (5G) mobile technologies, ‘‘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 gigabit wireless future can only 

be secured if the country acts now to identify the spectrum and facilitate the deployment of the infrastructure on which technologies 

like 5G will depend; the higher frequencies on which 5G and other 

gigabit wireless systems 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 revenues in 2013 to $1.9 billion by 2018.9


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10 U.S. Telecom, ‘‘Broadband Investment,’’ at https://www.ustelecom.org/broadband-industry/ 

broadband-industry-stats/investment. 11Federal Communications Commission (FCC) 16-6, paragraph 4. 12President Barack Obama, ‘‘Presidential Memorandum-Unleashing the Wireless Broadband 

Revolution,’’ Presidential Memorandum, June 28, 2010, at https://obamawhitehouse.archives.gov/ 

the-press-office/presidential-memorandum-unleashing-wireless-broadband-revolution. 13Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112–96, 126 Stat. 156, 

222 (2012) (47 U.S.C. §1451). 14Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112–96, 126 Stat. 156, 

225 (2012) (47 U.S.C. §1452). 15 Bipartisan Budget Act of 2015, Pub. L. 114–974, 129 Stat. 585, §§ 1001-1008. 16 Cisco Visual Networking Index Mobile Forecast (2015-2020), United States – 2020 Forecast 

Highlights, at http://www.cisco.com/c/dam/m/enlus/solutions/service-provider/vni-forecast-highlights/pdf/UnitedlStatesl2020lForecastlHighlights.pdf. 

Despite extraordinary innovation and investment in wired and 

wireless broadband, an estimated $1.5 trillion since 1996,10 the 

Federal Communications Commission (FCC or Commission) has 

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

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

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

On June 28, 2010, President Obama issued a Presidential Memorandum establishing a goal of making a total of 500 megahertz of 

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 sections 6401 and 6403 of the Middle 

Class Tax Relief and Job Creation Act of 2012, Congress did the 

following: (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 megahertz 

of spectrum.15

However, more spectrum is needed to meet the 500 megahertz 

goal set forth by the previous President 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, between 2015 

and 2020, U.S. mobile data traffic will grow six-fold, twice as fast 

as U.S. fixed IP traffic, and the number of connected devices in personal, household, or commercial settings will nearly double.16 Even 

taking into account the spectrum the Commission is newly making 

available, the United States is facing a significant projected spectrum deficit. To meet America’s demand for mobile broadband, the 

wireless industry will need more than 350 megahertz of new liVerDate Sep 11 2014 05:46 Mar 22, 2017 Jkt 069010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR004.XXX SR004

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17 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, at 

http://www.brattle.com/system/news/pdfs/000/000/891/original/SubstantiallLicensedlSpectrumlDeficitl(2015-2019)l- lUpdatinglthelFCC’slMobilelDatalDemandlProjections.pdf?1435613076. 18 U.S. Department of Commerce, An Assessment of the Viability of Accommodating Wireless 

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

ntia/publications/ntial1755l1850lmhzlreportlmarch2012.pdf. 19See Transition Broadcasters After the Auctions, at https://www.fcc.gov/about-fcc/fcc-initiatives/incentive-auctions/post-auction-transition. 

censed spectrum alone by 2019.17 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 entire 

economy. 

Moreover, a thriving wireless broadband environment requires 

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

and entrepreneurs the spectrum they need for the advancement of 

unlicensed services and technologies. Both are necessary to support 

the growing wireless ecosystem, and the MOBILE NOW Act would 

require that the Commission will satisfy requirements for both. 

Specifically, the MOBILE NOW Act would require the Commission 

to designate at least 100 megahertz of the newly available spectrum for licensed use and at least 100 megahertz for unlicensed 

use. 

The time to act is now. 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 megahertz of 

spectrum in the 1755 to 1850 megahertz band.18 Much of this process must be undertaken before industry can have the reasonable 

certainty that is necessary to undertake massive investment in new 

technology. A case in point: as noted above, Congress in 2012 authorized 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. The 

Commission did not have final rules for the admittedly complex 

auction of that spectrum until July 2015, and as of the date of this 

bill’s committee consideration, the Commission had not yet completed the auction of the spectrum or begun the 39-month transition and spectrum repacking process to make the spectrum available for flexible use.19

In order to facilitate deployment of both fixed and mobile networks, the MOBILE NOW Act would address 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 


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20Testimony 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 https:// 

www.commerce.senate.gov/public/lcache/files/776a69e3-5891-476f-85fb-945ba3ed518a/ 

56E37595DFA44623573E920E7E04A421.adelstein-qfr-responses.pdf. 21Testimony of Mr. Douglas Kinkopf, Associate Administrator, Office of Telecommunications 

and Information Applications, National Telecommunications and Information Administration 

(NTIA), Senate Committee on Commerce, Science, and Transportation, ‘‘Removing Barriers to 

Wireless Broadband Deployment,’’ October 7, 2015, at https://www.commerce.senate.gov/public/ 

lcache/files/776a69e3-5891-476f-85fb-945ba3ed518a/ 

56E37595DFA44623573E920E7E04A421.adelstein-qfr-responses.pdf. 22Testimony 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- 

AEBFF10FFC. 23 Ibid. 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, at http://www.commerce.senate.gov/public/index.cfm/ 

hearings?ID=D7B621C5-BEB5-418D-B814-AEBFF10FFC21. 24Testimony of Hon. Jonathan S. Adelstein, President & CEO, PCIA – The Wireless Infrastructure Association, Senate Committee on Commerce, Science, and Transportation, ‘‘Removing 

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

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

AEBFF10FFC21. 25Testimony of Mr. Douglas Kinkopf, Associate Administrator, Office of Telecommunications 

and Information Applications, NTIA, 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. 

different [F]ederal agencies often poses insurmountable obstacles to 

siting wireless infrastructure on [F]ederal property,’’20 witnesses 

recommended requiring agencies to do the following: use master 

templates;21 streamline disparate agency processes;22 establish a 

shot-clock for Federal agency consideration of leases;23 establish 

‘‘dig-once’’ procedures to reduce the cost and disruption of deployments;24 and establish a database of key information regarding 

Federal properties, with appropriate protections for national security.25 The MOBILE NOW Act would address each of these matters. 

The MOBILE NOW Act is an essential first step in making more 

spectrum available and promoting more deployment of broadband 

infrastructure, both of which are necessary to secure American 

leadership for the next generation of communications technologies 

like 5G and other gigabit wireless services. 

SUMMARY OF PROVISIONS

To facilitate deployment of advanced telecommunications capability, the MOBILE NOW Act 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. 

The MOBILE NOW Act would do the following, among other 

things: 

• Require that 255 megahertz of spectrum be made available for 

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

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

100 megahertz on an exclusive, licensed basis. 

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

operations in certain spectrum bands with existing Federal users, 

and subsequently direct the FCC to publish a notice of proposed 


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rulemaking regarding service rules for mobile or fixed wireless operation in those bands, if feasible, and in additional bands. • Require the Secretary of Commerce (Secretary) to evaluate and 

report to Congress on the feasibility of allowing commercial wireless services in the spectrum band between 3100 and 3500 megahertz, and require the Commission to do the same regarding the 

spectrum band between 3700 to 4200 megahertz. • Streamline the process of applying for easements, rights of 

way, and leases for federally-managed property. • Establish a National Broadband Facilities Asset Database of 

Federal property, and make the database available to entities that 

construct or operate communications facilities. States would be encouraged to include State information in the database as well. • 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 intermittent access to non-Federal spectrum, for example 

during emergencies. • Require the FCC to adopt rules regarding unlicensed operations in designated guard bands. • Require the FCC to conduct a rulemaking regarding the partitioning and disaggregation of spectrum licenses, and other measures to promote availability of advanced telecommunications services in rural areas. • Require the FCC to develop a national plan for making additional radio frequency bands available for unlicensed operations. 

LEGISLATIVE HISTORY

S. 19, the MOBILE NOW Act was introduced on January 3, 

2017, by Senator Thune and Senator Nelson and was referred to 

the Committee on Commerce, Science, and Transportation of the 

Senate. On January 24, 2017, the Committee met in open Executive Session and, by voice vote, ordered S. 19 to be reported favorably with an amendment (in the nature of a substitute). A substitute amendment was offered by Senators Thune and Nelson with 

an amendment by Senator Heller to require that specified NTIA 

recommendations related to a report required by the underlying 

bill include a recommendation on policies that would prioritize or 

streamline a permit for construction in a previously-disturbed 

right-of-way. 

The bill as amended is substantially similar to legislation previously reported favorably by the Committee, S. 2555, in the 114th 

Congress. On March 3, 2016, the Committee held an Executive Session during which S. 2555 was approved unanimously, by voice 

vote, and was ordered to be favorably reported with an amendment 

(in the nature of a substitute). 

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

Broadband and the Future of Spectrum Policy,’’ during which the 

Committee received testimony regarding the need to provide incentives to free more spectrum for commercial use and the need to assess the suitability of millimeter wave spectrum. On October 7, 

2015, the Committee held a hearing on ‘‘Removing Barriers to 

Wireless Broadband Deployment,’’ during which the Committee reVerDate Sep 11 2014 05:46 Mar 22, 2017 Jkt 069010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR004.XXX SR004

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ceived 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. 

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. 19—Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless Act 

Summary: S. 19 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. 

CBO estimates that enacting S. 19 would increase net direct spending by $141 million over the 2018–2027 period, primarily as 

a result of provisions that would accelerate spending related to 

making federal spectrum available for commercial use. CBO also 

estimates that implementing the bill would cost $88 million over 

the 2018–2022 period, subject to the appropriation of the necessary 

amounts, mainly to develop new data systems and carry out spectrum management activities. 

Because enacting the bill would affect direct spending, pay-asyou-go procedures apply. Enacting S. 19 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 2028. 

S. 19 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 ($78 million in 2017, 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, CBO 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 ($156 

million in 2017, adjusted annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary effect of S. 19 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). 


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By fiscal year, in millions of dollars— 

2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2018– 

2022 

2018– 

2027 

INCREASES IN DIRECT SPENDING 

Estimated Budget Authority 8 8 8 11 8 4 2 57 35 0 66 141 

Estimated Outlays ............. 8 8 8 11 8 4 2 57 35 0 43 141 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization 

Level .............................. 8 29 25 24 23 3 3 4 4 4 109 127 

Estimated Outlays ............. 7 13 20 25 23 18 9 4 4 4 88 127 

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

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

are based on historical spending patterns for the affected programs. 

Direct Spending 

CBO estimates that enacting S. 19 would increase direct spend- ing by $141 million over the 2018–2027 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 2027. 

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. 19 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 2027 into the 2018–2027 period. On balance, CBO estimates that this shift in the timing of 

outlays would increase net direct spending by $97 million over the 

2018–2027 period, primarily reflecting faster spending for costs associated with an auction that is expected to be completed in 2025. 

S. 19 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 an analysis of information from agencies 

involved in relocation efforts, CBO estimates that this change 

would increase net direct spending by about $20 million over the 

2018–2027 period and reduce outlays by corresponding amounts 

after 2027. 

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 cover the 

agencies’ direct costs related to granting such easements and 

rights-of-way. Furthermore, those fees may not be spent without 


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further appropriation. S. 19 would apply those same conditions to 

leases that are issued for siting private communication facilities on 

federal property. 

The budgetary effects of applying those restrictions to leases 

would depend on the disposition of leasing proceeds under current 

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

from communications leases without further appropriation. CBO 

expects that reducing the amount collected in those instances 

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

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

that currently cannot be spent without further appropriation would 

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

in the budget as reductions in direct spending). 

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

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

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

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

of 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 $24 million over the 2018–2027 period. 

Other provisions. CBO estimates that other provisions in the bill 

would have no significant net effect on direct spending. For example, S. 19 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. 

Spending subject to appropriation 

CBO estimates that implementing S. 19 would cost $88 million 

over the 2018–2022 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. 19, 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 would direct OSTP to include any 


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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. 

data provided voluntarily by state of local governments related to 

the availability of real property under their purview that could be 

used as sites for such equipment. 

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

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

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

The cost to prepare such an inventory would vary significantly 

depending on the level of detail included. Based on an analysis of 

information from affected agencies and the cost of creating other 

federal databases, CBO estimates that preparing this data would 

cost those federal agencies $58 million over the 2018–2022 period, 

an average of about $4 million per agency over a four year period. 

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 $74 million over the 2018–2022 period, assuming appropriation of the necessary amounts. Those costs could be higher if OSTP integrates 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. 19 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 need to undertake 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 an analysis of information from those agencies, CBO 

estimates that the spectrum management activities required by the 

bill would cost the NTIA $8 million over the 2018–2022 period. Implementing the bill also would cost the FCC $6 million over the 

2018–2022 period. However, under current law the FCC is authorized to collect fees sufficient to offset the cost of its regulatory activities each year; therefore, CB0 estimates that the net effect on 

discretionary spending for those activities would be negligible, assuming appropriation actions consistent with that authority. 

Technology prize. S. 19 would establish a prize competition 

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


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competition would be administered by the Secretary of Commerce 

in collaboration with other federal agencies. The bill would authorize the appropriation of $5 million for prize awards and such sums 

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

estimates that implementing this program would cost a total of $6 

million, assuming appropriation of the necessary amounts. 

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. 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2017– 

2022 

2017– 

2027 

NET INCREASE IN THE DEFICIT 

Statutory Pay-AsYou-Go Impact 0 8 8 8 11 8 4 2 57 35 0 43 141 

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 2028. 

Estimated impact on state, local, and tribal governments: S. 19 

would impose intergovernmental mandates as defined in UMRA by 

preempting state and local tax laws related to wireless telecommunication services. The language of section 20 is circular in 

nature and consequently it is difficult to clearly determine when 

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

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

that the bill would prohibit state and local governments from collecting taxes on telecommunication services that are bundled with 

prepaid phones (or sold subsequently to reload wireless minutes) 

unless those taxes are levied on the retail seller of the prepaid 

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

the company that provides minutes for a prepaid phone if those 

minutes are sold by a separate retailer that does not provide the 

minutes directly to the user; instead, the state 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 $7.5 million annually. While such taxes would clearly be prohibited by section 20, 

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 20 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 ($78 million in 2017, adjusted annually for inflation). The bill also would preempt the authority of 

state and local courts to assert jurisdiction in cases that involve 


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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 ($156 million in 

2017, adjusted annually for inflation). 

Estimate prepared by: Federal Costs: Stephen Rabent (FCC, 

NTIA) and Kathleen Gramp (spectrum relocation); Impact on State, 

Local, and Tribal Governments: Rachel Austin; Impact on the Private Sector: Logan Smith. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

REGULATORY IMPACT

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

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

NUMBER OF PERSONS COVERED

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

to wireless telecommunications services. Otherwise, the number of 

persons covered by this legislation would 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 broadband communications networks and maximize the value of America’s spectrum resources for the American 

consumer in a sector that generates hundreds of billions of dollars 

of economic activity annually and is responsible for an estimated 

$1.5 trillion in network investment since 1996. 

PRIVACY

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


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PAPERWORK

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

CONGRESSIONALLY DIRECTED SPENDING

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

Rules of the Senate, the Committee provides the following identification of congressionally directed spending items contained in the 

bill, as reported: 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; table of contents. 

This section would provide that the short title of the bill would 

be ‘‘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 megahertz of 

Federal and non-Federal spectrum below the frequency of 6000 

megahertz available for mobile and fixed wireless broadband use by 

December 31, 2020. 

By directing the NTIA and the Commission to make spectrum 

available below 6000 megahertz, 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 

megahertz, 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. The NTIA and the Commission should prioritize that spectrum for mobile wireless use and designate higher band spectrum 

for shared unlicensed use. 

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

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

specify that the Commission must make at least 100 megahertz 

available on an unlicensed basis. Section 3(a)(2)(B) would require 

the Commission to make 100 megahertz of spectrum available on 

an exclusive, licensed basis for commercial mobile use, pursuant to 

the Commission’s authority to implement such licensing in a flexible manner, and subject to potential continued use of such spectrum by incumbent Federal entities in designated geographic areas 

indefinitely or for such length of time stipulated in transition plans 

approved by the Technical Panel under section 113(h) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(h)) for those incumbent entities to be 


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26FCC, NTIA; The Federal Communications Commission and the National Telecommunications and Information Administration: Coordination Procedures in the 1675-1710 MHz and 

1755-1780 MHz Bands, Public Notice, GN Docket No. 13-185, 10-11 (rel. Jul. 18, 2014). 

relocated to alternate spectrum. The section would leave to the 

Commission’s discretion, based on its assessment of needs, the designation of the remaining 55 megahertz of spectrum that this section would require the Commission and the Secretary to make 

available. 

The Committee intends that the 100 megahertz of unlicensed 

spectrum referenced in section 3(a)(2)(A) be available for shared 

use by non-Federal and Federal users. Unlicensed spectrum can be 

deployed on a shared basis and can accommodate the type of use 

contemplated by that section. 

By stating that 100 megahertz of spectrum must be made available for exclusive, licensed use, the Committee intends that this 

spectrum not be generally shared between non-Federal and Federal 

users. Nevertheless, the Committee recognizes the great success 

that has been achieved by Federal entities cooperating with winners of the AWS-3 auction. AWS-3 licensees must protect Federal 

entities in that spectrum, and the Commission has required AWS3 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.26 Accordingly, section 3(a)(2)(B)(ii) would allow the 

Commission to replicate the AWS-3 success by allowing incumbent 

Federal licensees in the 100 megahertz of spectrum available for 

exclusive, licensed commercial use to continue to operate indefinitely or for as long as specified in the Transition Plan a Federal 

entity submits in connection with the auction of that spectrum. 

While that section would recognize the Commission’s ability to license exclusive spectrum for commercial use while retaining incumbent Federal operations, the Committee encourages the Secretary and the Commission to, as it has in the AWS-3 spectrum, 

plan for the ultimate relocation of incumbent Federal operations 

out of spectrum that has been designated for licensed, exclusive 

use. Similarly, the Secretary and the Commission should ensure 

that the designated geographic areas in which incumbent Federal 

users may continue to operate permit the maximum use possible of 

the spectrum by licensed, exclusive users. 

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. 

The remaining 55 megahertz of spectrum may be available for either licensed exclusive use or shared use, whether on a licensed or 

unlicensed basis. 

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: (i) the frequencies between 


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

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

4610, ¶ 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 megahertz; providing that a maximum 

of 70 megahertz 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). 

1695 and 1710 megahertz; (ii) the frequencies between 1755 and 

1780 megahertz; (iii) the frequencies between 2155 and 2180 megahertz; (iv) the frequencies between 3550 and 3700 megahertz; 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.27 Thus, to ensure that 

the Commission and NTIA make available new frequencies, section 

3(a)(3) prevents the Commission and the NTIA from considering 

the spectrum specified above. In addition, section 3(a)(3)(E) clarifies that even where spectrum is not listed in section 3(a)(3)(A)-(D), 

if the Commission has already permitted the use of that spectrum, 

it should not be counted toward the 255 megahertz requirement 

imposed by this section. 

Section 3(a)(4) would require that the NTIA, in evaluating frequencies for possible reallocation for exclusive non-Federal use or 

shared use, give priority to options involving reallocation of the 

band for exclusive non-Federal use and to choose options involving 

shared use only when it determines, in consultation with the Director of the Office of Management and Budget (OMB), that relocation 

of a Federal entity from the band is not feasible because of technical or cost constraints. In addition, if the NTIA determines that 

relocation of a Federal entity from the band is not feasible, the 

NTIA must notify the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Energy and 

Commerce of the House of Representatives of its determination, including the specific technical or cost constraints on which the determination is based. 

Section 3(a)(4) would require that the NTIA prioritize relocation 

over sharing in all instances where relocating incumbent Federal 

operations is not too costly and is technically feasible by extending 

Section 113(j) of the National Telecommunications and Information 

Administration Organization Act (47 U.S.C. 923(j)) to the NTIA’s 

evaluation of spectrum pursuant to S. 19. 

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. 


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Section 3(a)(5) would encourage the Commission and the NTIA 

to select frequencies that will help increase broadband deployment 

in rural areas, which may be less likely to have access to high 

speed Internet. Section 3(a)(5) would further stress that the Commission and the NTIA should consider the international implications of any possible selected frequencies – international harmonization is ideal, as harmonized band plans will minimize interference along the U.S. borders, facilitate international roaming, 

and reduce development and equipment costs. While international 

regulatory bodies may take years to consider spectrum that may be 

best used for mobile wireless services, the Commission and the 

NTIA need not wait for those efforts to be complete. Instead, to 

preserve the U.S. leadership position in the wireless industry, the 

Commission and the NTIA should act in advance of international 

designations where appropriate. 

Section 3(b) would state that the section does not do the following: (i) impair or otherwise affect the functions of the Director 

of the 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 

GHz and 86 GHz. This assessment would consider the impact of allowing such services on Federal entities and operations in the identified bands. 

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 these 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 GHz and 86 GHz that do not 

contain Federal allocations. 

Section 5. 3 Gigahertz spectrum. 

This section would direct the Department of Commerce 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 megahertz and 3550 megahertz. This section would 

further direct the FCC to submit a report to the President and to 

Congress, within 18 months of enactment, evaluating the feasibility 

of allowing commercial wireless services, licensed or unlicensed, to 

share the use of the frequencies between 3700 megahertz and 4200 

megahertz. 


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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, if such sharing is determined to be feasible. 

Section 6. 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. The section would specify that fees for leases be based on direct cost recovery, as they already are for easements and rights-of-way. 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 with the following: a written denial of the application, if 

applicable; a written explanation of any delay longer than 5 

months; 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. 

Subsection (c) of this section would require the NTIA, in coordination with other agencies, to develop within 2 years of enactment 

recommendations to streamline the process for considering applications, including procedures for tracking and expediting decisions on 

applications, and for prioritizing or streamlining permits for construction in a previously-disturbed right-of-way. 

Section 7. Broadband infrastructure deployment. 

This section would establish procedures to facilitate the use of 

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

infrastructure and to improve broadband connectivity to rural communities and broadband services in urban areas. The section would 

require the Secretary of Transportation to ensure that each State 

that receives funds under chapter 1 of title 23 of the United States 

Code meets requirements for broadband consultation, including 

identifying a broadband utility coordinator responsible for coordinating broadband infrastructure rights-of-way needs, and establishing a process for registering broadband infrastructure entities 

that seek to be included in broadband infrastructure right-of-way 

coordination efforts within the State. The section also would require the Secretary of Transportation to ensure that those States 

coordinate broadband infrastructure right-of-way efforts with statewide telecommunications and broadband plans, and with State and 

local transportation and land use plans, and 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 enVerDate Sep 11 2014 05:46 Mar 22, 2017 Jkt 069010 PO 00000 Frm 00019 Fmt 6659 Sfmt 6602 E:\HR\OC\SR004.XXX SR004

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sure that existing broadband infrastructure entities are not disadvantaged compared to other broadband infrastructure entities, 

with respect to the program. This section would apply only to activities for which Federal obligations or expenditures are initially 

approved on or after the date of enactment of the Act. 

Section 8. 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 property capable of supporting the installation of communications facilities. Federal agencies would be required to provide OSTP with information for inclusion in the database on covered property owned, 

leased, or otherwise managed by the agency. This requirement 

would apply only to Federal agencies. This section would require 

a process for withholding data from the database to protect national security and public safety. This section would further require 

OSTP to report to Congress on progress in establishing the database within 180 days of enactment, then annually thereafter until 

the database is fully operational. State governments would be able 

to provide information on covered property owned, leased, or otherwise managed by the State for inclusion in the database, but would 

not be required to do so. Within 1 year of enactment, the Director 

of OSTP would be required to prepare and to submit to the relevant committees in the Senate and the House of Representatives 

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

Section 9. Reallocation incentives. 

This section would direct the Department of Commerce 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. 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. 

Section 10. 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. 

This study would be submitted to Congress along with any recommendations for legislation or proposed regulations. 

Section 11. Unlicensed services in guard bands. 

This section would require the FCC to allow unlicensed use in 

the guard bands of any auctioned spectrum bands, as long as doing 

so is feasible and would not cause harmful interference to a liVerDate Sep 11 2014 05:46 Mar 22, 2017 Jkt 069010 PO 00000 Frm 00020 Fmt 6659 Sfmt 6602 E:\HR\OC\SR004.XXX SR004

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censed service or a Federal service operating in the guard band or 

in an adjacent band. 

Section 12. Pre-auction funding. 

This section would 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 13. Immediate transfer of funds. 

This section would accelerate the relocation of Federal entities by 

allowing existing Spectrum Relocation Fund balances to be transferred to agencies for transition efforts immediately upon completion of an auction, rather than after the actual receipt by the fund 

of auction proceeds. 

Section 14. Amendment to the Spectrum Pipeline Act of 2015. 

This section would amend section 1008 of the Spectrum Pipeline 

Act (Public Law 114–74; 129 State. 584) to require public comment 

for that section’s reports. 

Section 15. 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, in particular for elementary and secondary school-age children in such neighborhoods. The Comptroller 

General also would be directed to evaluate 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 the date of 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 unlicensed spectrum and related technologies in low-income neighborhoods and the adoption of broadband by households with elementary and secondary school-age children that are in low-income 

neighborhoods. 

Section 16. Rulemaking related to partitioning or disaggregating licenses. 

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

date of 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 


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availability of advanced telecommunications services in rural areas 

or spectrum availability for eligible small carriers. 

The section would direct the Commission 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 any 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 17. 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. 

Section 18. National plan for unlicensed spectrum. 

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

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

the NTIA, a national plan for making additional radio frequency 

bands available for unlicensed operations. The section would require the national plan to identify an approach that ensures that 

consumers have access to additional spectrum to conduct unlicensed operation in a range of radio frequencies to meet consumer 

demand. The section 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 that 

the Commission finds are consistent with an unlicensed spectrum 

policy established pursuant to section 17 of this Act; that 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; that 

would not cause harmful interference to Federal or non-Federal 

users of such bands; and that would not significantly impact homeland security or national security communications. This section 

also would require the Commission, in consultation with the NTIA, 

to examine additional ways, with respect to existing and planned 


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

improve accuracy and efficacy; 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 

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 19. Spectrum challenge prize. 

This section would require that the Secretary of Commerce, in 

consultation with the Assistant Secretary of Commerce for Communications and Information and the Under Secretary of Commerce 

for Standards and Technology, subject to availability of funds for 

prize competitions under this section, conduct prize competitions to 

dramatically accelerate the development and commercialization of 

technology that improves spectrum efficiency and is capable of costeffective 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. The section would 

allow the Secretary to enter into a grant, contract, cooperative 

agreement, or other agreement with a private sector for-profit or 

nonprofit entity to administer the prize competitions; to invite the 

Defense Advanced Research Projects Agency, the FCC, the National Aeronautics and Space Administration, the National Science 

Foundation, or any other Federal agency to provide advice and assistance in the design or administration of the prize competitions; 

and to award not more than $5 million 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 20. Wireless telecommunications tax and fee collection fairness. 

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, this section 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 surVerDate Sep 11 2014 05:46 Mar 22, 2017 Jkt 069010 PO 00000 Frm 00023 Fmt 6659 Sfmt 6602 E:\HR\OC\SR004.XXX SR004

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charge 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 the section’s prohibition on the requirement of collection or remittance of fees. 

Section 21. Rules of construction. 

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

and lower frequencies in the range. This section would further provide that nothing in the bill shall affect any requirements 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 22. Relationship to Middle Class Tax Relief and Job Creation Act of 2012. 

This section would provide that nothing in the bill shall limit, restrict, or circumvent the implementation of the public safety network known as FirstNet. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

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

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

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

MIDDLE CLASS TAX RELIEF AND JOB CREATION ACT OF 

2013 

[Public Law 112–96; 126 Stat. 156] 

SEC. 6409. WIRELESS FACILITIES DEPLOYMENT. 

[47 U.S.C. 1455] 

(a) FACILITY MODIFICATIONS.— 

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

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

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

substantially change the physical dimensions of such tower or 

base station. 


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23 

(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)— 

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 


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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 would continue, subject to that section as in effect on the day before 

such effective date. 

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 

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 


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25 

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 division A of subtitle III of 

title 54, United States Code, or the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

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

under subparagraph (A), an executive agency shall designate one or more appropriate individuals within the executive agency to act as a point of contact with the applicant. 

(c) MASTER CONTRACTS FOR COMMUNICATIONS FACILITY INSTALLATION SITINGS.— 

(1) IN GENERAL.—Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104–104; 110 Stat. 

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

Services shall— 

(A) develop one or more master contracts that shall govern the placement of communications facility installations 

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 installations on building rooftops or facades, the 

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


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26 

with communications facility installations placed on Federal buildings and other property, and any other key issues 

the Administrator of General Services considers appropriate. 

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

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

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

the siting of a communications facility installation on a specific 

building or other property warrant nonstandard treatment of 

such building or other property. 

(3) APPLICATION.— 

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

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

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

(B) EXCEPTION.—The requirement under subparagraph 

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

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

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

(d) DEFINITIONS.—In this section: 

(1) COMMUNICATIONS FACILITY INSTALLATION.—The term 

‘‘communications facility installation’’ includes— 

(A) any infrastructure, including any transmitting device, 

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

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

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

(B) any antenna or apparatus that— 

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

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

a fixed location pursuant to authorization by the Commission or is using duly authorized devices that do not 

require individual licenses; and 

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

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

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

States Code. 

NATIONAL TELECOMMUNICATIONS AND INFORMATION 

ADMINISTRATION ORGANIZATION ACT 

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

SEC. 118. SPECTRUM RELOCATION FUND. 

[47 U.S.C. 928] 

* * * * * * * 

(d) FUND AVAILABILITY.— 


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

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

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

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

(A) unless the eligible Federal entity has submitted a 

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

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

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

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

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

and the timeline for relocation or sharing; and 

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

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

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

relocation or sharing. 

Unless disapproved within 30 days, the amounts in the Fund 

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

Director may resubmit a revised plan. 

(3) TRANSFERS FOR PRE-AUCTION COSTS.— 

(A) IN GENERAL.—Subject to subparagraph (B), the Director of OMB may transfer to an eligible Federal entity, 

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

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

sharing costs related to pre-auction estimates or research, 

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

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

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

includes a certification from the Director of OMB 

that— 

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

sharing, thereby increasing net expected auction 

proceeds by an amount not less than the time 

value of the amount of funds transferred; and 

(II) the auction is intended to occur not later 

than 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 


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(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 

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); 


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(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 the Office of Management and Budget (in this subsection referred to as ‘‘OMB’’) may transfer the amount 

under subparagraph (A) immediately— 

(i) after the frequencies are reallocated by competitive 

bidding under section 309(j) of the Communications 

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

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

is incurring relocation or sharing costs to accommodate 

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

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

the availability of such sums in the Fund. 

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

an auction, the Director of OMB may borrow from the 

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

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

has received such amounts shall report its expenditures to 

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

NTIA has notified the Commission that the relocation of the 

entity or implementation of the sharing arrangement by the 

entity is complete, or has determined that such entity has unreasonably failed to complete such relocation or the implementation of such arrangement in accordance with the timeline required by subsection (d)(2)(B). 

* * * * * * * 

SPECTRUM PIPELINE ACT OF 2015 

[Public Law 114–74; 129 Stat.584] 

SEC. 1008. REPORTS TO CONGRESS. 

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

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

comment, shall submit to Congress— 

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

changes relating to the frequencies between 3550 megahertz 

and 3650 megahertz; and 


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(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 


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