115TH CONGRESS 

1ST SESSION S. 19 

AN ACT 

To provide opportunities for broadband investment, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Making Opportunities for Broadband Investment and 

4 Limiting Excessive and Needless Obstacles to Wireless 

5 Act’’ or the ‘‘MOBILE NOW Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Making 500 megahertz available. 

Sec. 4. Millimeter wave spectrum. 

Sec. 5. 3 gigahertz spectrum. 

Sec. 6. Communications facilities deployment on Federal property. 

Sec. 7. Broadband infrastructure deployment. 

Sec. 8. National broadband facilities asset database. 

Sec. 9. Reallocation incentives. 

Sec. 10. Bidirectional sharing study. 

Sec. 11. Unlicensed services in guard bands. 

Sec. 12. Pre-auction funding. 

Sec. 13. Immediate transfer of funds. 

Sec. 14. Amendments to the Spectrum Pipeline Act of 2015. 

Sec. 15. GAO assessment of unlicensed spectrum and Wi-Fi use in low-income 

neighborhoods. 

Sec. 16. Rulemaking related to partitioning or disaggregating licenses. 

Sec. 17. Unlicensed spectrum policy. 

Sec. 18. National plan for unlicensed spectrum. 

Sec. 19. Spectrum challenge prize. 

Sec. 20. Wireless telecommunications tax and fee collection fairness. 

Sec. 21. Rules of construction. 

Sec. 22. Relationship to Middle Class Tax Relief and Job Creation Act of 2012. 

8 SEC. 2. DEFINITIONS. 

9 In this Act: 

10 (1) APPROPRIATE COMMITTEES OF CON11 GRESS.—The term ‘‘appropriate committees of Con12 gress’’ means— 

13 (A) the Committee on Commerce, Science, 

14 and Transportation of the Senate; 
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1 (B) the Committee on Energy and Com2 merce of the House of Representatives; and 

3 (C) each committee of the Senate or of the 

4 House of Representatives with jurisdiction over 

5 a Federal entity affected by the applicable sec6 tion in which the term appears. 

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

8 means the Federal Communications Commission. 

9 (3) FEDERAL ENTITY.—The term ‘‘Federal en10 tity’’ has the meaning given the term in section 

11 113(l) of the National Telecommunications and In12 formation Administration Organization Act (47 

13 U.S.C. 923(l)). 

14 (4) NTIA.—The term ‘‘NTIA’’ means the Na15 tional Telecommunications and Information Admin16 istration of the Department of Commerce. 

17 (5) OMB.—The term ‘‘OMB’’ means the Office 

18 of Management and Budget. 

19 (6) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Commerce. 

21 SEC. 3. MAKING 500 MEGAHERTZ AVAILABLE. 

22 (a) REQUIREMENTS.— 

23 (1) IN GENERAL.—Consistent with the Presi24 dential Memorandum of June 28, 2010, entitled 

25 ‘‘Unleashing the Wireless Broadband Revolution’’ 
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1 and establishing a goal of making a total of 500 

2 megahertz of Federal and non-Federal spectrum 

3 available on a licensed or unlicensed basis for wire4 less broadband use by 2020, not later than Decem5 ber 31, 2020, the Secretary, working through the 

6 NTIA, and the Commission shall make available a 

7 total of at least 255 megahertz of Federal and non8 Federal spectrum below the frequency of 6000 

9 megahertz for mobile and fixed wireless broadband 

10 use. 

11 (2) UNLICENSED AND LICENSED USE.—Of the 

12 spectrum made available under paragraph (1), not 

13 less than— 

14 (A) 100 megahertz shall be made available 

15 on an unlicensed basis; and 

16 (B) 100 megahertz shall be made available 

17 on an exclusive, licensed basis for commercial 

18 mobile use, pursuant to the Commission’s au19 thority to implement such licensing in a flexible 

20 manner, and subject to potential continued use 

21 of such spectrum by incumbent Federal entities 

22 in designated geographic areas indefinitely or 

23 for such length of time stipulated in transition 

24 plans approved by the Technical Panel under 

25 section 113(h) of the National Telecommuni-
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1 cations and Information Administration Organi2 zation Act (47 U.S.C. 923(h)) for those incum3 bent entities to be relocated to alternate spec4 trum. 

5 (3) NON-ELIGIBLE SPECTRUM.—For purposes 

6 of satisfying the requirement under paragraph (1), 

7 the following spectrum shall not be counted: 

8 (A) The frequencies between 1695 and 

9 1710 megahertz. 

10 (B) The frequencies between 1755 and 

11 1780 megahertz. 

12 (C) The frequencies between 2155 and 

13 2180 megahertz. 

14 (D) The frequencies between 3550 and 

15 3700 megahertz. 

16 (E) Spectrum that the Commission deter17 mines had more than de minimis mobile or 

18 fixed wireless broadband operations within the 

19 band on the day before the date of enactment 

20 of this Act. 

21 (4) RELOCATION PRIORITIZED OVER SHAR22 ING.—This section shall be carried out in accordance 

23 with section 113(j) of the National Telecommuni24 cations and Information Administration Organiza25 tion Act (47 U.S.C. 923(j)). 
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1 (5) CONSIDERATIONS.—In making spectrum 

2 available under this section, the Secretary and Com3 mission shall consider— 

4 (A) the need to preserve critical existing 

5 and planned Federal Government capabilities; 

6 (B) the impact on existing State, local, and 

7 tribal government capabilities; 

8 (C) the international implications; 

9 (D) the need for appropriate enforcement 

10 mechanisms and authorities; and 

11 (E) the importance of the deployment of 

12 wireless broadband services in rural areas of the 

13 United States. 

14 (b) RULES OF CONSTRUCTION.—Nothing in this sec15 tion shall be construed— 

16 (1) to impair or otherwise affect the functions 

17 of the Director of OMB relating to budgetary, ad18 ministrative, or legislative proposals; 

19 (2) to require the disclosure of classified infor20 mation, law enforcement sensitive information, or 

21 other information that must be protected in the in22 terest of national security; or 

23 (3) to affect any requirement under section 156 

24 of the National Telecommunications and Informa25 tion Administration Organization Act (47 U.S.C. 
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1 921 note), as added by section 1062(a) of the Na2 tional Defense Authorization Act for Fiscal Year 

3 2000, or any other relevant statutory requirement 

4 applicable to the reallocation of Federal spectrum. 

5 SEC. 4. MILLIMETER WAVE SPECTRUM. 

6 (a) FEASIBILITY ASSESSMENT.—Not later than 18 

7 months after the date of enactment of this Act, the NTIA, 

8 in consultation with the Commission, shall conduct a feasi9 bility assessment regarding the impact, on Federal entities 

10 and operations in any of the following bands, of author11 izing mobile or fixed terrestrial wireless operations, includ12 ing for advanced mobile service operations, in the fol13 lowing bands: 

14 (1) The band between 31800 and 33400 mega15 hertz. 

16 (2) The band between 71000 and 76000 mega17 hertz. 

18 (3) The band between 81000 and 86000 mega19 hertz. 

20 (b) REQUIREMENTS.—In conducting the feasibility 

21 assessment under subsection (a), the NTIA shall— 

22 (1) consult directly with Federal entities with 

23 respect to frequencies allocated to Federal use by 

24 such entities in the bands identified in that sub25 section; 
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1 (2) consider what, if any, impact authorizing 

2 mobile or fixed terrestrial wireless operations, in3 cluding advanced mobile services operations, in any 

4 of such frequencies would have on an affected Fed5 eral entity; and 

6 (3) identify any such frequencies in the bands 

7 described in that subsection that the NTIA assess8 ment determines are feasible for authorizing for mo9 bile or fixed terrestrial wireless operations, including 

10 any advanced mobile service operations. 

11 (c) REPORT TO CONGRESS AND THE COMMISSION.— 

12 Not later than 30 days after the date the feasibility assess13 ment under subsection (a) is complete, the NTIA shall 

14 submit to the appropriate committees of Congress a report 

15 on the feasibility assessment and provide a copy to the 

16 Commission. 

17 (d) FCC PROCEEDING.—Not later than 2 years after 

18 the date of enactment of this Act or 90 days after the 

19 date it receives the feasibility assessment under subsection 

20 (c), whichever is earlier, the Commission, in consultation 

21 with the NTIA, shall publish a notice of proposed rule22 making to consider service rules to authorize mobile or 

23 fixed terrestrial wireless operations, including for ad24 vanced mobile service operations, in the following radio 

25 frequency bands: 
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1 (1) The band between 24250 and 24450 mega2 hertz. 

3 (2) The band between 25050 and 25250 mega4 hertz. 

5 (3) The band between 31800 and 33400 mega6 hertz, except for any frequencies with Federal alloca7 tions. 

8 (4) The band between 42000 and 42500 mega9 hertz. 

10 (5) The band between 71000 and 76000 mega11 hertz, except for any frequencies with Federal alloca12 tions. 

13 (6) The band between 81000 and 86000 mega14 hertz, except for any frequencies with Federal alloca15 tions. 

16 (7) Any frequencies with Federal allocations 

17 identified as feasible under subsection (b)(3). 

18 (e) CONSIDERATIONS.—In conducting a rulemaking 

19 under subsection (d), the Commission shall— 

20 (1) consult with Federal entities via the NTIA 

21 regarding the frequencies described in subsection 

22 (d)(7); 

23 (2) consider how the bands described in sub24 section (d) may be used to provide commercial wire25 less broadband service, including whether— 
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1 (A) such spectrum may be best used for li2 censed or unlicensed services, or some combina3 tion thereof; and 

4 (B) to permit additional licensed oper5 ations in such bands on a shared basis; and 

6 (3) include technical characteristics under 

7 which the bands described in subsection (d) may be 

8 employed for mobile or fixed terrestrial wireless op9 erations, including any appropriate coexistence re10 quirements. 

11 SEC. 5. 3 GIGAHERTZ SPECTRUM. 

12 (a) BETWEEN 3100 MEGAHERTZ AND 3550 MEGA13 HERTZ.—Not later than 18 months after the date of en14 actment of this Act, and in consultation with the Commis15 sion and the head of each affected Federal agency (or a 

16 designee thereof), the Secretary shall submit to the Com17 mission and the appropriate committees of Congress a re18 port evaluating the feasibility of allowing commercial wire19 less services, licensed or unlicensed, to share use of the 

20 frequencies between 3100 megahertz and 3550 megahertz. 

21 (b) BETWEEN 3700 MEGAHERTZ AND 4200 MEGA22 HERTZ.—Not later than 18 months after the date of en23 actment of this Act, after notice and an opportunity for 

24 public comment, and in consultation with the Secretary 

25 and the head of each affected Federal agency (or a des-
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1 ignee thereof), the Commission shall submit to the Sec2 retary and the appropriate committees of Congress a re3 port evaluating the feasibility of allowing commercial wire4 less services, licensed or unlicensed, to share use of the 

5 frequencies between 3700 megahertz and 4200 megahertz. 

6 (c) REQUIREMENTS.—A report under subsection (a) 

7 or (b) shall include the following: 

8 (1) An assessment of the operations of Federal 

9 entities that operate Federal Government stations 

10 authorized to use the frequencies described in that 

11 subsection. 

12 (2) An assessment of the possible impacts of 

13 such sharing on Federal and non-Federal users al14 ready operating on the frequencies described in that 

15 subsection. 

16 (3) The criteria that may be necessary to en17 sure shared licensed or unlicensed services would not 

18 cause harmful interference to Federal or non-Fed19 eral users already operating in the frequencies de20 scribed in that subsection. 

21 (4) If such sharing is feasible, an identification 

22 of which of the frequencies described in that sub23 section are most suitable for sharing with commer24 cial wireless services through the assignment of new 

25 licenses by competitive bidding, for sharing with un-
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1 licensed operations, or through a combination of li2 censing and unlicensed operations. 

3 (d) COMMISSION ACTION.—The Commission, in con4 sultation with the NTIA, shall seek public comment on 

5 the reports required under subsections (a) and (b), includ6 ing regarding the bands identified in such reports as fea7 sible pursuant to subsection (c)(4). 

8 SEC. 6. COMMUNICATIONS FACILITIES DEPLOYMENT ON 

9 FEDERAL PROPERTY. 

10 (a) IN GENERAL.—Section 6409 of the Middle Class 

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

12 1455) is amended by striking subsections (b), (c), and (d) 

13 and inserting the following: 

14 ‘‘(b) FEDERAL EASEMENTS, RIGHTS-OF-WAY, AND

15 LEASES.— 

16 ‘‘(1) GRANT.—If an executive agency, a State, 

17 a political subdivision or agency of a State, or a per18 son, firm, or organization applies for the grant of an 

19 easement, right-of-way, or lease to, in, over, or on a 

20 building or other property owned by the Federal 

21 Government for the right to install, construct, mod22 ify, or maintain a communications facility installa23 tion, the executive agency having control of the 

24 building or other property may grant to the appli25 cant, on behalf of the Federal Government, subject 
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1 to paragraph (5), an easement, right-of-way, or lease 

2 to perform such installation, construction, modifica3 tion, or maintenance. 

4 ‘‘(2) APPLICATION.— 

5 ‘‘(A) IN GENERAL.—The Administrator of 

6 General Services shall develop a common form 

7 for applications for easements, rights-of-way, 

8 and leases under paragraph (1) for all executive 

9 agencies that, except as provided in subpara10 graph (B), shall be used by all executive agen11 cies and applicants with respect to the buildings 

12 or other property of each such agency. 

13 ‘‘(B) EXCEPTION.—The requirement under 

14 subparagraph (A) for an executive agency to 

15 use the common form developed by the Admin16 istrator of General Services shall not apply to 

17 an executive agency if the head of an executive 

18 agency notifies the Administrator that the exec19 utive agency uses a substantially similar appli20 cation. 

21 ‘‘(3) FEE.— 

22 ‘‘(A) IN GENERAL.—Notwithstanding any 

23 other provision of law, the Administrator of 

24 General Services shall establish a fee for the 

25 grant of an easement, right-of-way, or lease 
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1 pursuant to paragraph (1) that is based on di2 rect cost recovery. 

3 ‘‘(B) EXCEPTIONS.—The Administrator of 

4 General Services may establish exceptions to 

5 the fee amount required under subparagraph 

6 (A)— 

7 ‘‘(i) in consideration of the public ben8 efit provided by a grant of an easement, 

9 right-of-way, or lease; and 

10 ‘‘(ii) in the interest of expanding wire11 less and broadband coverage. 

12 ‘‘(4) USE OF FEES COLLECTED.—Any fee 

13 amounts collected by an executive agency pursuant 

14 to paragraph (3) may be made available, as provided 

15 in appropriations Acts, to such agency to cover the 

16 costs of granting the easement, right-of-way, or 

17 lease. 

18 ‘‘(5) TIMELY CONSIDERATION OF APPLICA19 TIONS.— 

20 ‘‘(A) IN GENERAL.—Not later than 270 

21 days after the date on which an executive agen22 cy receives a duly filed application for an ease23 ment, right-of-way, or lease under this sub24 section, the executive agency shall— 
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1 ‘‘(i) grant or deny, on behalf of the 

2 Federal Government, the application; and 

3 ‘‘(ii) notify the applicant of the grant 

4 or denial. 

5 ‘‘(B) EXPLANATION OF DENIAL.—If an ex6 ecutive agency denies an application under sub7 paragraph (A), the executive agency shall notify 

8 the applicant in writing, including a clear state9 ment of the reasons for the denial. 

10 ‘‘(C) APPLICABILITY OF ENVIRONMENTAL

11 LAWS.—Nothing in this paragraph shall be con12 strued to relieve an executive agency of the re13 quirements of division A of subtitle III of title 

14 54, United States Code, or the National Envi15 ronmental Policy Act of 1969 (42 U.S.C. 4321 

16 et seq.). 

17 ‘‘(D) POINT OF CONTACT.—Upon receiving 

18 an application under subparagraph (A), an ex19 ecutive agency shall designate one or more ap20 propriate individuals within the executive agen21 cy to act as a point of contact with the appli22 cant. 

23 ‘‘(c) MASTER CONTRACTS FOR COMMUNICATIONS

24 FACILITY INSTALLATION SITINGS.— 
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1 ‘‘(1) IN GENERAL.—Notwithstanding section 

2 704 of the Telecommunications Act of 1996 (Public 

3 Law 104–104; 110 Stat. 151) or any other provision 

4 of law, the Administrator of General Services shall— 

5 ‘‘(A) develop one or more master contracts 

6 that shall govern the placement of communica7 tions facility installations on buildings and 

8 other property owned by the Federal Govern9 ment; and 

10 ‘‘(B) in developing the master contract or 

11 contracts, standardize the treatment of the 

12 placement of communications facility installa13 tions on building rooftops or facades, the place14 ment of communications facility installations on 

15 rooftops or inside buildings, the technology used 

16 in connection with communications facility in17 stallations placed on Federal buildings and 

18 other property, and any other key issues the 

19 Administrator of General Services considers ap20 propriate. 

21 ‘‘(2) APPLICABILITY.—The master contract or 

22 contracts developed by the Administrator of General 

23 Services under paragraph (1) shall apply to all pub24 licly accessible buildings and other property owned 

25 by the Federal Government, unless the Adminis-
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1 trator of General Services decides that issues with 

2 respect to the siting of a communications facility in3 stallation on a specific building or other property 

4 warrant nonstandard treatment of such building or 

5 other property. 

6 ‘‘(3) APPLICATION.— 

7 ‘‘(A) IN GENERAL.—The Administrator of 

8 General Services shall develop a common form 

9 or set of forms for communications facility in10 stallation siting applications that, except as pro11 vided in subparagraph (B), shall be used by all 

12 executive agencies and applicants with respect 

13 to the buildings and other property of each such 

14 agency. 

15 ‘‘(B) EXCEPTION.—The requirement under 

16 subparagraph (A) for an executive agency to 

17 use the common form or set of forms developed 

18 by the Administrator of General Services shall 

19 not apply to an executive agency if the head of 

20 the executive agency notifies the Administrator 

21 that the executive agency uses a substantially 

22 similar application. 

23 ‘‘(d) DEFINITIONS.—In this section: 
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1 ‘‘(1) COMMUNICATIONS FACILITY INSTALLA2 TION.—The term ‘communications facility installa3 tion’ includes— 

4 ‘‘(A) any infrastructure, including any 

5 transmitting device, tower, or support structure, 

6 and any equipment, switches, wiring, cabling, 

7 power sources, shelters, or cabinets, associated 

8 with the licensed or permitted unlicensed wire9 less or wireline transmission of writings, signs, 

10 signals, data, images, pictures, and sounds of 

11 all kinds; and 

12 ‘‘(B) any antenna or apparatus that— 

13 ‘‘(i) is designed for the purpose of 

14 emitting radio frequency; 

15 ‘‘(ii) is designed to be operated, or is 

16 operating, from a fixed location pursuant 

17 to authorization by the Commission or is 

18 using duly authorized devices that do not 

19 require individual licenses; and 

20 ‘‘(iii) is added to a tower, building, or 

21 other structure. 

22 ‘‘(2) EXECUTIVE AGENCY.—The term ‘executive 

23 agency’ has the meaning given such term in section 

24 102 of title 40, United States Code.’’. 
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1 (b) SAVINGS PROVISION.—An application for an 

2 easement, right-of-way, or lease that was made or granted 

3 under section 6409 of the Middle Class Tax Relief and 

4 Job Creation Act of 2012 (47 U.S.C. 1455) before the 

5 date of enactment of this Act shall continue, subject to 

6 that section as in effect on the day before such date of 

7 enactment. 

8 (c) STREAMLINING BROADBAND FACILITY APPLICA9 TIONS.— 

10 (1) DEFINITION OF COMMUNICATIONS FACILITY

11 INSTALLATION.—In this subsection, the term ‘‘com12 munications facility installation’’ has the meaning 

13 given the term in section 6409(d) of the Middle 

14 Class Tax Relief and Job Creation Act of 2012 (47 

15 U.S.C. 1455(d)), as amended by subsection (a). 

16 (2) RECOMMENDATIONS.— 

17 (A) IN GENERAL.—Not later than 2 years 

18 after the date of enactment of this Act, the 

19 NTIA, in coordination with the Department of 

20 the Interior, the Department of Agriculture, the 

21 Department of Defense, the Department of 

22 Transportation, OMB, and the General Services 

23 Administration, shall develop recommendations 

24 to streamline the process for considering appli25 cations by those agencies under section 6409(b) 
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1 of the Middle Class Tax Relief and Job Cre2 ation Act of 2012 (47 U.S.C. 1455(b)), as 

3 amended by subsection (a). 

4 (B) REQUIREMENTS FOR RECOMMENDA5 TIONS.—The recommendations developed under 

6 subparagraph (A) shall include— 

7 (i) procedures for the tracking of ap8 plications described in subparagraph (A); 

9 (ii) methods by which to reduce the 

10 amount of time between the receipt of an 

11 application and the issuance of a final de12 cision on an application; 

13 (iii) policies to expedite renewals of an 

14 easement, license, or other authorization to 

15 locate communications facility installations 

16 on land managed by the agencies described 

17 in subparagraph (A); and 

18 (iv) policies that would prioritize or 

19 streamline a permit for construction in a 

20 previously-disturbed right-of-way. 

21 (C) REPORT TO CONGRESS.—Not later 

22 than 2 years after the date on which the rec23 ommendations required under subparagraph 

24 (A) are developed, the NTIA shall submit to the 

25 Committee on Commerce, Science, and Trans-
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1 portation of the Senate and the Committee on 

2 Energy and Commerce of the House of Rep3 resentatives a report that describes— 

4 (i) the status of the implementation of 

5 the recommendations developed under sub6 paragraph (A); and 

7 (ii) any improvements to the process 

8 for considering applications described in 

9 subparagraph (A) that have resulted from 

10 those recommendations, including in par11 ticular the speed at which such applica12 tions are reviewed and a final determina13 tion is issued. 

14 SEC. 7. BROADBAND INFRASTRUCTURE DEPLOYMENT. 

15 (a) FINDING REGARDING FEDERAL AND STATE DE16 PARTMENTS OF TRANSPORTATION.—Congress finds that 

17 it is the policy of the United States for the Department 

18 of Transportation and State departments of transpor19 tation— 

20 (1) to adjust or otherwise develop right-of-way 

21 policies for Federal-aid highways to effectively ac22 commodate broadband infrastructure; 

23 (2) to allow for the safe and efficient accommo24 dation of broadband infrastructure in the public 

25 right-of-way; and 
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1 (3) to the extent applicable, to coordinate with 

2 other statewide telecommunication and broadband 

3 plans when developing a statewide transportation 

4 improvement program. 

5 (b) DEFINITIONS.—In this section: 

6 (1) APPROPRIATE STATE AGENCY.—The term 

7 ‘‘appropriate State agency’’ means a State govern8 mental agency that is recognized by the executive 

9 branch of the State as having the experience nec10 essary to evaluate and carry out projects relating to 

11 the proper and effective installation and operation of 

12 broadband infrastructure. 

13 (2) BROADBAND INFRASTRUCTURE.—The term 

14 ‘‘broadband infrastructure’’ means any buried, un15 derground, or aerial facility, and any wireless or 

16 wireline connection, that enables users to send and 

17 receive voice, video, data, graphics, or any combina18 tion thereof. 

19 (3) BROADBAND INFRASTRUCTURE ENTITY.— 

20 The term ‘‘broadband infrastructure entity’’ means 

21 any entity that— 

22 (A) installs, owns, or operates broadband 

23 infrastructure; and 

24 (B) provides broadband services in a man25 ner consistent with the public interest, conven-
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1 ience, and necessity, as determined by the 

2 State. 

3 (4) STATE.—The term ‘‘State’’ means— 

4 (A) a State; 

5 (B) the District of Columbia; and 

6 (C) the Commonwealth of Puerto Rico. 

7 (c) BROADBAND INFRASTRUCTURE DEPLOYMENT.— 

8 To facilitate the installation of broadband infrastructure 

9 and achieve the policy described in subsection (a), the Sec10 retary of Transportation shall ensure that each State that 

11 receives funds under chapter 1 of title 23, United States 

12 Code, meets the following requirements: 

13 (1) BROADBAND CONSULTATION.—The State 

14 department of transportation, in consultation with 

15 appropriate State agencies, shall— 

16 (A) identify a broadband utility coordi17 nator, that may have additional responsibilities, 

18 whether in the State department of transpor19 tation or in another State agency, that is re20 sponsible for facilitating the broadband infra21 structure right-of-way efforts within the State; 

22 (B) establish a process for the registration 

23 of broadband infrastructure entities that seek 

24 to be included in those broadband infrastruc-
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1 ture right-of-way facilitation efforts within the 

2 State; 

3 (C) establish a process to electronically no4 tify broadband infrastructure entities identified 

5 under subparagraph (B) of the State transpor6 tation improvement program on an annual basis 

7 and provide additional notifications as nec8 essary to achieve the goals of this section; and 

9 (D) coordinate initiatives carried out under 

10 this section with other statewide telecommuni11 cation and broadband plans and State and local 

12 transportation and land use plans, including 

13 strategies to minimize repeated excavations that 

14 involve the installation of broadband infrastruc15 ture in a right-of-way. 

16 (2) PRIORITY.—If a State chooses to provide 

17 for the installation of broadband infrastructure in 

18 the right-of-way of an applicable Federal-aid high19 way project under this subsection, the State depart20 ment of transportation shall carry out any appro21 priate measures to ensure that any existing 

22 broadband infrastructure entities are not disadvan23 taged, as compared to other broadband infrastruc24 ture entities, with respect to the program under this 

25 subsection. 
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1 (d) EFFECT OF SECTION.—This section applies only 

2 to activities for which obligations or expenditures are ini3 tially approved on or after the date of enactment of this 

4 Act. Nothing in this section establishes a mandate or re5 quirement that a State install broadband infrastructure 

6 in a highway right-of-way. 

7 SEC. 8. NATIONAL BROADBAND FACILITIES ASSET DATA8 BASE. 

9 (a) DEFINITIONS.—In this section: 

10 (1) COMMUNICATIONS FACILITY INSTALLA11 TION.—The term ‘‘communications facility installa12 tion’’ includes— 

13 (A) any infrastructure, including any 

14 transmitting device, tower, or support structure, 

15 and any equipment, switches, wiring, cabling, 

16 power sources, shelters, or cabinets, associated 

17 with the licensed or permitted unlicensed wire18 less or wireline transmission of writings, signs, 

19 signals, data, images, pictures, and sounds of 

20 all kinds; and 

21 (B) any antenna or apparatus that— 

22 (i) is designed for the purpose of 

23 emitting radio frequency; 

24 (ii) is designed to be operated, or is 

25 operating, from a fixed location pursuant 
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1 to authorization by the Commission or is 

2 using duly authorized devices that do not 

3 require individual licenses; and 

4 (iii) is added to a tower, building, or 

5 other structure. 

6 (2) COVERED PROPERTY.—The term ‘‘covered 

7 property’’— 

8 (A) means any real property capable of 

9 supporting a communications facility installa10 tion; and 

11 (B) includes any interest in real property 

12 described in subparagraph (A). 

13 (3) DATABASE.—The term ‘‘database’’ means 

14 the database established under subsection (b). 

15 (4) EXECUTIVE AGENCY.—The term ‘‘Executive 

16 agency’’ has the meaning given the term in section 

17 105 of title 5, United States Code. 

18 (b) DATABASE ESTABLISHED.—Not later than June 

19 30, 2018, the Director of the Office of Science and Tech20 nology Policy, in consultation with the Chairman of the 

21 Commission, Assistant Secretary of Commerce for Com22 munications and Information, Under Secretary of Com23 merce for Standards and Technology, Administrator of 

24 General Services, and Director of OMB, shall— 
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1 (1) establish and operate a single database of 

2 any covered property that is owned, leased, or other3 wise managed by an Executive agency; 

4 (2) make the database available to— 

5 (A) any entity that— 

6 (i) constructs or operates communica7 tions facility installations; or 

8 (ii) provides communications service; 

9 and 

10 (B) any other entity that the Director of 

11 the Office of Science and Technology Policy de12 termines is appropriate; and 

13 (3) establish a process for withholding data 

14 from the database for national security, public safe15 ty, or other national strategic concerns in accord16 ance with existing statutory authority and Executive 

17 order mandates with respect to handling and protec18 tion of such information. 

19 (c) PUBLIC COMMENT.— 

20 (1) IN GENERAL.—Not later than 30 days after 

21 the date of enactment of this Act, the Director of 

22 the Office of Science and Technology Policy shall 

23 seek public comment to inform the establishment 

24 and operation of the database. 
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1 (2) CONTENTS.—In seeking public comment 

2 under paragraph (1), the Director shall include a re3 quest for recommendations on— 

4 (A) criteria that make real property capa5 ble of supporting communications facility instal6 lations; 

7 (B) types of information related to covered 

8 property that should be included in the data9 base; 

10 (C) an interface by which accessibility to 

11 the database for all users will be appropriately 

12 efficient and secure; and 

13 (D) other information the Director deter14 mines necessary to establish and operate the 

15 database. 

16 (d) FEDERAL AGENCIES.— 

17 (1) INITIAL PROVISION OF INFORMATION.—Not 

18 later than 90 days after the date on which the data19 base is established under subsection (b), the head of 

20 an Executive agency shall provide to the Director of 

21 the Office of Science and Technology Policy, in a 

22 manner and format to be determined by the Direc23 tor, such information as the Director determines ap24 propriate with respect to covered property owned, 
29 

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1 leased, or otherwise managed by the Executive agen2 cy. 

3 (2) CHANGE TO INFORMATION PREVIOUSLY

4 PROVIDED.—In the case of any change to informa5 tion provided to the Director of the Office of Science 

6 and Technology Policy by the head of an Executive 

7 agency under paragraph (1), the head of the Execu8 tive agency shall provide updated information to the 

9 Director not later than 30 days after the date of the 

10 change. 

11 (3) SUBSEQUENTLY ACQUIRED PROPERTY.—If 

12 an Executive agency acquires covered property after 

13 the date on which the database is established under 

14 subsection (b), the head of the Executive agency 

15 shall provide to the Director of the Office of Science 

16 and Technology Policy the information required 

17 under paragraph (1) with respect to the covered 

18 property not later than 30 days after the date of the 

19 acquisition. 

20 (e) STATE AND LOCAL GOVERNMENTS.— 

21 (1) IN GENERAL.—The Director of the Office of 

22 Science and Technology Policy (referred to in this 

23 subsection as the ‘‘Director’’) shall make the data24 base available to State and local governments so 

25 that such governments may provide to the Director 
30 

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1 for inclusion in the database similar information to 

2 the information required under subsection (d)(1) re3 garding covered property owned, leased, or otherwise 

4 managed by such governments. 

5 (2) REPORT ON INCENTIVIZING PARTICIPATION

6 BY STATE AND LOCAL GOVERNMENTS.— 

7 (A) IN GENERAL.—Not later than 1 year 

8 after the date of enactment of this Act, the Di9 rector, in consultation with the Chairman of the 

10 Commission, the Assistant Secretary of Com11 merce for Communications and Information, 

12 the Under Secretary of Commerce for Stand13 ards and Technology, the Administrator of Gen14 eral Services, and the Director of OMB, shall 

15 submit to the Committee on Commerce, 

16 Science, and Transportation of the Senate and 

17 the Committee on Energy and Commerce of the 

18 House of Representatives a report on potential 

19 ways to incentivize State and local governments 

20 to provide to the Director for inclusion in the 

21 database similar information to the information 

22 required under subsection (d)(1) regarding cov23 ered property owned, leased, or otherwise man24 aged by such governments pursuant to para-
31 

†S 19 ES

1 graph (1) of this subsection or through other 

2 means. 

3 (B) CONSIDERATIONS.—The Director, in 

4 preparing the report under subparagraph (A), 

5 shall— 

6 (i) consult with State and local gov7 ernments, or their representatives, to iden8 tify for inclusion in the report the most 

9 cost-effective options for State and local 

10 governments to collect and provide the in11 formation described in subparagraph (A), 

12 including utilizing and leveraging State 

13 broadband initiatives and programs; and 

14 (ii) make recommendations on ways 

15 the Federal Government can assist State 

16 and local governments in collecting and 

17 providing the information described in sub18 paragraph (A). 

19 (C) REPORT UPDATE.—Not later than 2 

20 years after the date on which the database is 

21 established under this section, the Director 

22 shall submit to the Committee on Commerce, 

23 Science, and Transportation of the Senate and 

24 the Committee on Energy and Commerce of the 

25 House of Representatives an update to the re-
32 

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1 port required under subparagraph (A) that 

2 identifies State and local governments that have 

3 contributed to the database and recommends 

4 ways to further incentivize participation by 

5 State and local governments pursuant to para6 graph (1) of this subsection or through other 

7 means. 

8 (f) DATABASE UPDATES.— 

9 (1) TIMELY INCLUSION.—After the establish10 ment of the database, the Director of the Office of 

11 Science and Technology Policy shall ensure that in12 formation provided under subsection (d) or (e) is in13 cluded in the database not later than 7 days after 

14 the date on which the Director receives the informa15 tion. 

16 (2) DATE OF ADDITION OR UPDATE.—Informa17 tion in the database relating to covered property 

18 shall include the date on which the information was 

19 added or most recently updated. 

20 (g) REPORT.—Not later than 180 days after the date 

21 the Director of the Office of Science and Technology Pol22 icy seeks public comment under subsection (c)(1), the Di23 rector shall submit to the Committee on Commerce, 

24 Science, and Transportation of the Senate and the Com25 mittee on Energy and Commerce of the House of Rep-
33 

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1 resentatives a report on the progress in establishing the 

2 database under this section. The Director shall update the 

3 report annually until the date that the database is fully 

4 operational. After the database is fully operational and for 

5 the next 5 years thereafter, the Director shall provide an6 nual reports regarding the use of the database, rec7 ommendations of how the database may provide additional 

8 utility to the entities described in subsection (b)(2), if any 

9 recommendations are warranted, and how previous rec10 ommendations have been implemented. 

11 SEC. 9. REALLOCATION INCENTIVES. 

12 (a) IN GENERAL.—Not later than 18 months after 

13 the date of enactment of this Act, the Secretary, in con14 sultation with the Commission, the Director of OMB, and 

15 the head of each affected Federal agency (or a designee 

16 thereof), after notice and an opportunity for public com17 ment, shall submit to the appropriate committees of Con18 gress a report that includes legislative or regulatory rec19 ommendations to incentivize a Federal entity to relinquish, 

20 or share with Federal or non-Federal users, Federal spec21 trum for the purpose of allowing commercial wireless 

22 broadband services to operate on that Federal spectrum. 

23 (b) POST-AUCTION PAYMENTS.— 

24 (1) REPORT.—In preparing the report under 

25 subsection (a), the Secretary shall— 
34 

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1 (A) consider whether permitting eligible 

2 Federal entities that are implementing a transi3 tion plan submitted under section 113(h) of the 

4 National Telecommunications and Information 

5 Administration Organization Act (47 U.S.C. 

6 923(h)) to accept payments could result in ac7 cess to the eligible frequencies that are being 

8 reallocated for exclusive non-Federal use or 

9 shared use sooner than would otherwise occur 

10 without such payments; and 

11 (B) include the findings under subpara12 graph (A), including the analysis under para13 graph (2) and any recommendations for legisla14 tion, in the report. 

15 (2) ANALYSIS.—In considering payments under 

16 paragraph (1)(A), the Secretary shall conduct an 

17 analysis of whether and how such payments would 

18 affect— 

19 (A) bidding in auctions conducted under 

20 section 309(j) of the Communications Act of 

21 1934 (47 U.S.C. 309(j)) of such eligible fre22 quencies; and 

23 (B) receipts collected from the auctions de24 scribed in subparagraph (A). 

25 (3) DEFINITIONS.—In this subsection: 
35 

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1 (A) PAYMENT.—The term ‘‘payment’’ 

2 means a payment in cash or in-kind by any 

3 auction winner, or any person affiliated with an 

4 auction winner, of eligible frequencies during 

5 the period after eligible frequencies have been 

6 reallocated by competitive bidding under section 

7 309(j) of the Communications Act of 1934 (47 

8 U.S.C. 309(j)) but prior to the completion of 

9 relocation or sharing transition of such eligible 

10 frequencies per transition plans approved by the 

11 Technical Panel. 

12 (B) ELIGIBLE FREQUENCIES.—The term 

13 ‘‘eligible frequencies’’ has the meaning given 

14 the term in section 113(g)(2) of the National 

15 Telecommunications and Information Adminis16 tration Organization Act (47 U.S.C. 923(g)(2)). 

17 SEC. 10. BIDIRECTIONAL SHARING STUDY. 

18 (a) IN GENERAL.—Not later than 1 year after the 

19 date of enactment of this Act, including an opportunity 

20 for public comment, the Commission, in collaboration with 

21 the NTIA, shall— 

22 (1) conduct a bidirectional sharing study to de23 termine the best means of providing Federal entities 

24 flexible access to non-Federal spectrum on a shared 

25 basis across a range of short-, mid-, and long-range 
36 

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1 timeframes, including for intermittent purposes like 

2 emergency use; and 

3 (2) submit to Congress a report on the study 

4 under paragraph (1), including any recommenda5 tions for legislation or proposed regulations. 

6 (b) CONSIDERATIONS.—In conducting the study 

7 under subsection (a), the Commission shall— 

8 (1) consider the regulatory certainty that com9 mercial spectrum users and Federal entities need to 

10 make longer-term investment decisions for shared 

11 access to be viable; and 

12 (2) evaluate any barriers to voluntary commer13 cial arrangements in which non-Federal users could 

14 provide access to Federal entities. 

15 SEC. 11. UNLICENSED SERVICES IN GUARD BANDS. 

16 (a) IN GENERAL.—After public notice and comment, 

17 and in consultation with the Secretary and the head of 

18 each affected Federal agency (or a designee thereof), with 

19 respect to frequencies allocated for Federal use, the Com20 mission shall adopt rules that permit unlicensed services 

21 where feasible to use any frequencies that are designated 

22 as guard bands to protect frequencies allocated after the 

23 date of enactment of this Act by competitive bidding under 

24 section 309(j) of the Communications Act of 1934 (47 
37 

†S 19 ES

1 U.S.C. 309(j)), including spectrum that acts as a duplex 

2 gap between transmit and receive frequencies. 

3 (b) LIMITATION.—The Commission may not permit 

4 any use of a guard band under this section that would 

5 cause harmful interference to a licensed service or a Fed6 eral service operating in the guard band or in an adjacent 

7 band. 

8 (c) RULE OF CONSTRUCTION.—Nothing in this sec9 tion shall be construed as limiting the Commission or the 

10 Secretary from otherwise making spectrum available for 

11 licensed or unlicensed use in any frequency band in addi12 tion to guard bands, including under section 3, consistent 

13 with their statutory jurisdictions. 

14 SEC. 12. PRE-AUCTION FUNDING. 

15 Section 118(d)(3)(B)(i)(II) of the National Tele16 communications and Information Administration Organi17 zation Act (47 U.S.C. 928(d)(3)(B)(i)(II)) is amended by 

18 striking ‘‘5 years’’ and inserting ‘‘8 years’’. 

19 SEC. 13. IMMEDIATE TRANSFER OF FUNDS. 

20 Section 118(e)(1) of the National Telecommuni21 cations and Information Administration Organization Act 

22 (47 U.S.C. 928(e)(1)) is amended by adding at the end 

23 the following: 

24 ‘‘(D) At the request of an eligible Federal 

25 entity, the Director of the Office of Manage-
38 

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1 ment and Budget (in this subsection referred to 

2 as ‘OMB’) may transfer the amount under sub3 paragraph (A) immediately— 

4 ‘‘(i) after the frequencies are reallo5 cated by competitive bidding under section 

6 309(j) of the Communications Act of 1934 

7 (47 U.S.C. 309(j)); or 

8 ‘‘(ii) in the case of an incumbent Fed9 eral entity that is incurring relocation or 

10 sharing costs to accommodate sharing 

11 spectrum frequencies with another Federal 

12 entity, after the frequencies from which the 

13 other eligible Federal entity is relocating 

14 are reallocated by competitive bidding 

15 under section 309(j) of the Communica16 tions Act of 1934 (47 U.S.C. 309(j)), with17 out regard to the availability of such sums 

18 in the Fund. 

19 ‘‘(E) Prior to the deposit of proceeds into 

20 the Fund from an auction, the Director of 

21 OMB may borrow from the Treasury the 

22 amount under subparagraph (A) for a transfer 

23 under subparagraph (D). The Treasury shall 

24 immediately be reimbursed, without interest, 

25 from funds deposited into the Fund.’’. 
39 

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1 SEC. 14. AMENDMENTS TO THE SPECTRUM PIPELINE ACT 

2 OF 2015. 

3 Section 1008 of the Spectrum Pipeline Act of 2015 

4 (Public Law 114–74; 129 Stat. 584) is amended in the 

5 matter preceding paragraph (1) by inserting ‘‘, after no6 tice and an opportunity for public comment,’’ after ‘‘the 

7 Commission’’. 

8 SEC. 15. GAO ASSESSMENT OF UNLICENSED SPECTRUM 

9 AND WI-FI USE IN LOW-INCOME NEIGHBOR10 HOODS. 

11 (a) STUDY.— 

12 (1) IN GENERAL.—The Comptroller General of 

13 the United States shall conduct a study to evaluate 

14 the availability of broadband Internet access using 

15 unlicensed spectrum and wireless networks in low-in16 come neighborhoods. 

17 (2) REQUIREMENTS.—In conducting the study 

18 under paragraph (1), the Comptroller General shall 

19 consider and evaluate— 

20 (A) the availability of wireless Internet hot 

21 spots and access to unlicensed spectrum in low22 income neighborhoods, particularly for elemen23 tary and secondary school-aged children in such 

24 neighborhoods; 
40 

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1 (B) any barriers preventing or limiting the 

2 deployment and use of wireless networks in low3 income neighborhoods; 

4 (C) how to overcome any barriers described 

5 in subparagraph (B), including through incen6 tives, policies, or requirements that would in7 crease the availability of unlicensed spectrum 

8 and related technologies in low-income neigh9 borhoods; and 

10 (D) how to encourage home broadband 

11 adoption by households with elementary and 

12 secondary school-age children that are in low13 income neighborhoods. 

14 (b) REPORT.—Not later than 1 year after the date 

15 of enactment of this Act, the Comptroller General shall 

16 submit to the Committee on Commerce, Science, and 

17 Transportation of the Senate and the Committee on En18 ergy and Commerce of the House of Representatives a re19 port that— 

20 (1) summarizes the findings of the study con21 ducted under subsection (a); and 

22 (2) makes recommendations with respect to po23 tential incentives, policies, and requirements that 

24 could help achieve the goals described in subpara25 graphs (C) and (D) of subsection (a)(2). 
41 

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1 SEC. 16. RULEMAKING RELATED TO PARTITIONING OR 

2 DISAGGREGATING LICENSES. 

3 (a) DEFINITIONS.—In this section— 

4 (1) COVERED SMALL CARRIER.—The term 

5 ‘‘covered small carrier’’ means a carrier (as defined 

6 in section 3 of the Communications Act of 1934 (47 

7 U.S.C. 153)) that— 

8 (A) has not more than 1,500 employees (as 

9 determined under section 121.106 of title 13, 

10 Code of Federal Regulations, or any successor 

11 thereto); and 

12 (B) offers services using the facilities of 

13 the carrier. 

14 (2) RURAL AREA.—The term ‘‘rural area’’ 

15 means any area other than— 

16 (A) a city, town, or incorporated area that 

17 has a population of more than 20,000 inhab18 itants; or 

19 (B) an urbanized area contiguous and ad20 jacent to a city or town that has a population 

21 of more than 50,000 inhabitants. 

22 (b) RULEMAKING.— 

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

24 the date of enactment of this Act, the Commission 

25 shall initiate a rulemaking proceeding to assess 

26 whether to establish a program, or modify existing 
42 

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1 programs, under which a licensee that receives a li2 cense for the exclusive use of spectrum in a specific 

3 geographic area under section 301 of the Commu4 nications Act of 1934 (47 U.S.C. 301) may partition 

5 or disaggregate the license by sale or long-term 

6 lease— 

7 (A) in order to— 

8 (i) provide services consistent with the 

9 license; and 

10 (ii) make unused spectrum available 

11 to— 

12 (I) an unaffiliated covered small 

13 carrier; or 

14 (II) an unaffiliated carrier to 

15 serve a rural area; and 

16 (B) if the Commission finds that such a 

17 program would promote— 

18 (i) the availability of advanced tele19 communications services in rural areas; or 

20 (ii) spectrum availability for covered 

21 small carriers. 

22 (2) CONSIDERATIONS.—In conducting the rule23 making proceeding under paragraph (1), the Com24 mission shall consider, with respect to the program 

25 proposed to be established under that paragraph— 
43 

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1 (A) whether reduced performance require2 ments with respect to spectrum obtained 

3 through the program would facilitate deploy4 ment of advanced telecommunications services 

5 in the areas covered by the program; 

6 (B) what conditions may be needed on 

7 transfers of spectrum under the program to 

8 allow covered small carriers that obtain spec9 trum under the program to build out the spec10 trum in a reasonable period of time; 

11 (C) what incentives may be appropriate to 

12 encourage licensees to lease or sell spectrum, in13 cluding— 

14 (i) extending the term of a license 

15 granted under section 301 of the Commu16 nications Act of 1934 (47 U.S.C. 301); or 

17 (ii) modifying performance require18 ments of the license relating to the leased 

19 or sold spectrum; and 

20 (D) the administrative feasibility of— 

21 (i) the incentives described in sub22 paragraph (C); and 

23 (ii) other incentives considered by the 

24 Commission that further the goals of this 

25 section. 
44 

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1 (3) FORFEITURE OF SPECTRUM.—If a party 

2 fails to meet any build out requirements set by the 

3 Commission for any spectrum sold or leased under 

4 this section, the right to the spectrum shall be for5 feited to the Commission unless the Commission 

6 finds that there is good cause for the failure of the 

7 party. 

8 (4) REQUIREMENT.—The Commission may 

9 offer a licensee incentives or reduced performance 

10 requirements under this section only if the Commis11 sion finds that doing so would likely result in in12 creased availability of advanced telecommunications 

13 services in a rural area. 

14 SEC. 17. UNLICENSED SPECTRUM POLICY. 

15 (a) STATEMENT OF POLICY.—It is the policy of the 

16 United States— 

17 (1) to maximize the benefit to the people of the 

18 United States of the spectrum resources of the 

19 United States; 

20 (2) to advance innovation and investment in 

21 wireless broadband services; and 

22 (3) to promote spectrum policy that makes 

23 available on an unlicensed basis radio frequency 

24 bands sufficient to meet consumer demand for unli25 censed wireless broadband operations. 
45 

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1 (b) COMMISSION RESPONSIBILITIES.—The Commis2 sion shall ensure that the efforts of the Commission re3 lated to spectrum allocation and assignment make avail4 able on an unlicensed basis radio frequency bands suffi5 cient to meet demand for unlicensed wireless broadband 

6 operations if doing so is, after taking into account the fu7 ture needs of other spectrum users— 

8 (1) reasonable; and 

9 (2) in the public interest. 

10 (c) COMMISSION ACTION.—Not later than 18 months 

11 after the date of enactment of this Act, the Commission 

12 shall take action to implement subsection (b). 

13 SEC. 18. NATIONAL PLAN FOR UNLICENSED SPECTRUM. 

14 (a) DEFINITIONS.—In this section: 

15 (1) SPECTRUM RELOCATION FUND.—The term 

16 ‘‘Spectrum Relocation Fund’’ means the Fund es17 tablished under section 118 of the National Tele18 communications and Information Administration Or19 ganization Act (47 U.S.C. 928). 

20 (2) UNLICENSED OPERATIONS.—The term ‘‘un21 licensed operations’’ means the use of spectrum on 

22 a non-exclusive basis under— 

23 (A) part 15 of title 47, Code of Federal 

24 Regulations; or 
46 

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1 (B) licensing by rule under part 96 of title 

2 47, Code of Federal Regulations. 

3 (b) NATIONAL PLAN.—Not later than 1 year after 

4 the date of enactment of this Act, the Commission, in con5 sultation with the NTIA, shall develop a national plan for 

6 making additional radio frequency bands available for un7 licensed operations. 

8 (c) REQUIREMENTS.—The plan developed under this 

9 section shall— 

10 (1) identify an approach that ensures that con11 sumers have access to additional spectrum to con12 duct unlicensed operations in a range of radio fre13 quencies to meet consumer demand; 

14 (2) recommend specific actions by the Commis15 sion and the NTIA to permit unlicensed operations 

16 in additional radio frequency ranges that the Com17 mission finds— 

18 (A) are consistent with the statement of 

19 policy under section 18(a); 

20 (B) will— 

21 (i) expand opportunities for unli22 censed operations in a spectrum band; or 

23 (ii) otherwise improve spectrum utili24 zation and intensity of use of bands where 
47 

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1 unlicensed operations are already per2 mitted; 

3 (C) will not cause harmful interference to 

4 Federal or non-Federal users of such bands; 

5 and 

6 (D) will not significantly impact homeland 

7 security or national security communications 

8 systems; and 

9 (3) examine additional ways, with respect to ex10 isting and planned databases or spectrum access sys11 tems designed to promote spectrum sharing and ac12 cess to spectrum for unlicensed operations— 

13 (A) to improve accuracy and efficacy; 

14 (B) to reduce burdens on consumers, man15 ufacturers, and service providers; and 

16 (C) to protect sensitive Government infor17 mation. 

18 (d) SPECTRUM RELOCATION FUND.—To be included 

19 as part of the plan developed under this section, the NTIA 

20 shall share with the Commission recommendations about 

21 how to reform the Spectrum Relocation Fund— 

22 (1) to address costs incurred by Federal entities 

23 related to sharing radio frequency bands with radio 

24 technologies conducting unlicensed operations; and 
48 

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1 (2) to ensure the Spectrum Relocation Fund 

2 has sufficient funds to cover— 

3 (A) the costs described in paragraph (1); 

4 and 

5 (B) other expenditures allowed of the 

6 Spectrum Relocation Fund under section 118 of 

7 the National Telecommunications and Informa8 tion Administration Organization Act (47 

9 U.S.C. 928). 

10 (e) REPORT REQUIRED.— 

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

12 the date of enactment of this Act, the Commission 

13 shall submit to the appropriate committees of Con14 gress a report that describes the plan developed 

15 under this section, including any recommendations 

16 for legislative change. 

17 (2) PUBLICATION ON COMMISSION WEBSITE.— 

18 Not later than the date on which the Commission 

19 submits the report under paragraph (1), the Com20 mission shall make the report publicly available on 

21 the website of the Commission. 

22 SEC. 19. SPECTRUM CHALLENGE PRIZE. 

23 (a) SHORT TITLE.—This section may be cited as the 

24 ‘‘Spectrum Challenge Prize Act’’. 
49 

†S 19 ES

1 (b) DEFINITION OF PRIZE COMPETITION.—In this 

2 section, the term ‘‘prize competition’’ means a prize com3 petition conducted by the Secretary under subsection 

4 (c)(1). 

5 (c) SPECTRUM CHALLENGE PRIZE.— 

6 (1) IN GENERAL.—The Secretary, in consulta7 tion with the Assistant Secretary of Commerce for 

8 Communications and Information and the Under 

9 Secretary of Commerce for Standards and Tech10 nology, shall, subject to the availability of funds for 

11 prize competitions under this section— 

12 (A) conduct prize competitions to dramati13 cally accelerate the development and commer14 cialization of technology that improves spectrum 

15 efficiency and is capable of cost-effective deploy16 ment; and 

17 (B) define a measurable set of perform18 ance goals for participants in the prize competi19 tions to demonstrate their solutions on a level 

20 playing field while making a significant ad21 vancement over the current state of the art. 

22 (2) AUTHORITY OF SECRETARY.—In carrying 

23 out paragraph (1), the Secretary may— 

24 (A) enter into a grant, contract, coopera25 tive agreement, or other agreement with a pri-
50 

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1 vate sector for-profit or nonprofit entity to ad2 minister the prize competitions; 

3 (B) invite the Defense Advanced Research 

4 Projects Agency, the Commission, the National 

5 Aeronautics and Space Administration, the Na6 tional Science Foundation, or any other Federal 

7 agency to provide advice and assistance in the 

8 design or administration of the prize competi9 tions; and 

10 (C) award not more than $5,000,000, in 

11 the aggregate, to the winner or winners of the 

12 prize competitions. 

13 (d) CRITERIA.—Not later than 180 days after the 

14 date on which funds for prize competitions are made avail15 able pursuant to this section, the Commission shall publish 

16 a technical paper on spectrum efficiency providing criteria 

17 that may be used for the design of the prize competitions. 

18 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated such sums as may be 

20 necessary to carry out this section. 

21 SEC. 20. WIRELESS TELECOMMUNICATIONS TAX AND FEE 

22 COLLECTION FAIRNESS. 

23 (a) SHORT TITLE.—This section may be cited as the 

24 ‘‘Wireless Telecommunications Tax and Fee Collection 

25 Fairness Act’’. 
51 

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1 (b) DEFINITIONS.—In this section: 

2 (1) FINANCIAL TRANSACTION.—The term ‘‘fi3 nancial transaction’’ means a transaction in which 

4 the purchaser or user of a wireless telecommuni5 cations service upon whom a tax, fee, or surcharge 

6 is imposed gives cash, credit, or any other exchange 

7 of monetary value or consideration to the person 

8 who is required to collect or remit the tax, fee, or 

9 surcharge. 

10 (2) LOCAL JURISDICTION.—The term ‘‘local ju11 risdiction’’ means a political subdivision of a State. 

12 (3) STATE.—The term ‘‘State’’ means any of 

13 the several States, the District of Columbia, and any 

14 territory or possession of the United States. 

15 (4) STATE OR LOCAL JURISDICTION.—The term 

16 ‘‘State or local jurisdiction’’ includes any govern17 mental entity or person acting on behalf of a State 

18 or local jurisdiction that has the authority to assess, 

19 impose, levy, or collect taxes or fees. 

20 (5) WIRELESS TELECOMMUNICATIONS SERV21 ICE.—The term ‘‘wireless telecommunications serv22 ice’’ means a commercial mobile radio service, as de23 fined in section 20.3 of title 47, Code of Federal 

24 Regulations, or any successor thereto. 

25 (c) FINANCIAL TRANSACTION REQUIREMENT.— 
52 

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1 (1) IN GENERAL.—A State, or a local jurisdic2 tion of a State, may not require a person to collect 

3 from, or remit on behalf of, any other person a State 

4 or local tax, fee, or surcharge imposed on a pur5 chaser or user with respect to the purchase or use 

6 of any wireless telecommunications service within 

7 the State unless the collection or remittance is in 

8 connection with a financial transaction. 

9 (2) RULE OF CONSTRUCTION.—Nothing in this 

10 subsection shall be construed to affect the right of 

11 a State or local jurisdiction to require the collection 

12 of any tax, fee, or surcharge in connection with a fi13 nancial transaction. 

14 (d) ENFORCEMENT.— 

15 (1) PRIVATE RIGHT OF ACTION.—Any person 

16 aggrieved by a violation of subsection (c) may bring 

17 a civil action in an appropriate district court of the 

18 United States for equitable relief in accordance with 

19 paragraph (2) of this subsection. 

20 (2) JURISDICTION OF DISTRICT COURTS.—Not21 withstanding section 1341 of title 28, United States 

22 Code, or the constitution or laws of any State, the 

23 district courts of the United States shall have juris24 diction, without regard to the amount in controversy 

25 or citizenship of the parties, to grant such manda-
53 

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1 tory or prohibitive injunctive relief, interim equitable 

2 relief, and declaratory judgments as may be nec3 essary to prevent, restrain, or terminate any acts in 

4 violation of subsection (c). 

5 SEC. 21. RULES OF CONSTRUCTION. 

6 (a) RANGES OF FREQUENCIES.—Each range of fre7 quencies described in this Act shall be construed to be in8 clusive of the upper and lower frequencies in the range. 

9 (b) ASSESSMENT OF ELECTROMAGNETIC SPECTRUM

10 REALLOCATION.—Nothing in this Act shall be construed 

11 to affect any requirement under section 156 of the Na12 tional Telecommunications and Information Administra13 tion Organization Act (47 U.S.C. 921 note), as added by 

14 section 1062(a) of the National Defense Authorization Act 

15 for Fiscal Year 2000. 

16 SEC. 22. RELATIONSHIP TO MIDDLE CLASS TAX RELIEF 

17 AND JOB CREATION ACT OF 2012. 

18 Nothing in this Act shall be construed to limit, re19 strict, or circumvent in any way the implementation of the 

20 nationwide public safety broadband network defined in 

21 section 6001 of title VI of the Middle Class Tax Relief 

22 and Job Creation Act of 2012 (47 U.S.C. 1401) or any 
54 

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1 rules implementing that network under title VI of that Act 

2 (47 U.S.C. 1401 et seq.). 

Passed the Senate August 3, 2017. 

Attest: 

Secretary. 

115TH CONGRESS 

1ST SESSION S. 19 

AN ACT 

To provide opportunities for broadband investment, 

and for other purposes.