IB 

Union Calendar No. 421 

116TH CONGRESS 

2D SESSION H. R. 451 

[Report No. 116–521] 

To repeal the section of the Middle Class Tax Relief and Job Creation 

Act of 2012 that requires the Federal Communications Commission to 

reallocate and auction the T-Band spectrum. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 10, 2019 

Mr. ENGEL (for himself, Mr. ZELDIN, Mr. GREEN of Texas, and Mr. KING

of New York) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

SEPTEMBER 18, 2020 

Additional sponsors: Mr. ROSE of New York, Mrs. LOWEY, Mr. SCHIFF, Mrs. 

TORRES of California, Mr. LYNCH, Mrs. NAPOLITANO, Mr. PASCRELL, 

Mr. MOULTON, Ms. VELA ́ZQUEZ, Mrs. CAROLYN B. MALONEY of New 

York, Ms. MENG, Miss RICE of New York, Ms. NORTON, Ms. JACKSON

LEE, Mr. ESPAILLAT, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. 

SUOZZI, Mr. LAMB, Mr. VAN DREW, Mr. GOTTHEIMER, and Mr. NEGUSE


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SEPTEMBER 18, 2020 

Reported with amendments; committed to the Committee of the Whole House 

on the State of the Union and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 10, 2019] 

A BILL 

To repeal the section of the Middle Class Tax Relief and 

Job Creation Act of 2012 that requires the Federal 

Communications Commission to reallocate and auction 

the T-Band spectrum. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Don’t Break Up the 

5 T-Band Act of 2020’’. 

6 SEC. 2. REPEAL OF REQUIREMENT TO REALLOCATE AND 

7 AUCTION T-BAND SPECTRUM. 

8 (a) REPEAL.—Section 6103 of the Middle Class Tax 

9 Relief and Job Creation Act of 2012 (47 U.S.C. 1413) is 

10 repealed. 

11 (b) CLERICAL AMENDMENT.—The table of contents in 

12 section 1(b) of such Act is amended by striking the item 

13 relating to section 6103. 

14 SEC. 3. CLARIFYING ACCEPTABLE 9–1–1 OBLIGATIONS OR 

15 EXPENDITURES. 

16 Section 6 of the Wireless Communications and Public 

17 Safety Act of 1999 (47 U.S.C. 615a–1) is amended— 

18 (1) in subsection (f)— 

19 (A) in paragraph (1), by striking ‘‘as speci20 fied in the provision of State or local law adopt21 ing the fee or charge’’ and inserting ‘‘consistent 

22 with the purposes and functions designated in 

23 the final rules issued under paragraph (3) as 

24 purposes and functions for which the obligation 


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1 or expenditure of such a fee or charge is accept2 able’’; 

3 (B) in paragraph (2), by striking ‘‘any 

4 purpose other than the purpose for which any 

5 such fees or charges are specified’’ and inserting 

6 ‘‘any purpose or function other than the pur7 poses and functions designated in the final rules 

8 issued under paragraph (3) as purposes and 

9 functions for which the obligation or expenditure 

10 of any such fees or charges is acceptable’’; and 

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

12 ‘‘(3) ACCEPTABLE OBLIGATIONS OR EXPENDI13 TURES.— 

14 ‘‘(A) RULES REQUIRED.—In order to pre15 vent diversion of 9–1–1 fees or charges, the Com16 mission shall, not later than 180 days after the 

17 date of the enactment of this paragraph, issue 

18 final rules designating purposes and functions 

19 for which the obligation or expenditure of 9–1– 

20 1 fees or charges, by any State or taxing juris21 diction authorized to impose such a fee or 

22 charge, is acceptable. 

23 ‘‘(B) PURPOSES AND FUNCTIONS.—The pur24 poses and functions designated under subpara25 graph (A) shall be limited to the support and 


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1 implementation of 9–1–1 services provided by or 

2 in the State or taxing jurisdiction imposing the 

3 fee or charge and operational expenses of public 

4 safety answering points within such State or 

5 taxing jurisdiction. In designating such purposes 

6 and functions, the Commission shall consider the 

7 purposes and functions that States and taxing 

8 jurisdictions specify as the intended purposes 

9 and functions for the 9–1–1 fees or charges of 

10 such States and taxing jurisdictions, and deter11 mine whether such purposes and functions di12 rectly support providing 9–1–1 services. 

13 ‘‘(C) CONSULTATION REQUIRED.—The Com14 mission shall consult with public safety organi15 zations and States and taxing jurisdictions as 

16 part of any proceeding under this paragraph. 

17 ‘‘(D) DEFINITIONS.—In this paragraph: 

18 ‘‘(i) 9–1–1 FEE OR CHARGE.—The 

19 term ‘9–1–1 fee or charge’ means a fee or 

20 charge applicable to commercial mobile 

21 services or IP-enabled voice services specifi22 cally designated by a State or taxing juris23 diction for the support or implementation of 

24 9–1–1 services. 


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1 ‘‘(ii) 9–1–1 SERVICES.—The term ‘9– 

2 1–1 services’ has the meaning given such 

3 term in section 158(e) of the National Tele4 communications and Information Adminis5 tration Organization Act (47 U.S.C. 

6 942(e)). 

7 ‘‘(iii) STATE OR TAXING JURISDIC8 TION.—The term ‘State or taxing jurisdic9 tion’ means a State, political subdivision 

10 thereof, Indian Tribe, or village or regional 

11 corporation serving a region established 

12 pursuant to the Alaska Native Claims Set13 tlement Act (43 U.S.C. 1601 et seq.). 

14 ‘‘(4) PARTICIPATION.—If a State or taxing juris15 diction (as defined in paragraph (3)(D)) receives a 

16 grant under section 158 of the National Tele17 communications and Information Administration Or18 ganization Act (47 U.S.C. 942) after the date of the 

19 enactment of this paragraph, such State or taxing ju20 risdiction shall, as a condition of receiving such 

21 grant, provide the information requested by the Com22 mission to prepare the report required by paragraph 

23 (2). 

24 ‘‘(5) PETITION REGARDING ADDITIONAL PUR25 POSES AND FUNCTIONS.— 


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1 ‘‘(A) IN GENERAL.—A State or taxing juris2 diction (as defined in paragraph (3)(D)) may 

3 submit to the Commission a petition for a deter4 mination that an obligation or expenditure of a 

5 9–1–1 fee or charge (as defined in such para6 graph) by such State or taxing jurisdiction for 

7 a purpose or function other than a purpose or 

8 function designated under paragraph (3)(A) 

9 should be treated as such a purpose or function. 

10 If the Commission finds that the State or taxing 

11 jurisdiction has provided sufficient documenta12 tion to make the demonstration described in sub13 paragraph (B), the Commission shall grant such 

14 petition. 

15 ‘‘(B) DEMONSTRATION DESCRIBED.—The 

16 demonstration described in this subparagraph is 

17 a demonstration that the purpose or function— 

18 ‘‘(i) supports public safety answering 

19 point functions or operations; or 

20 ‘‘(ii) has a direct impact on the ability 

21 of a public safety answering point to— 

22 ‘‘(I) receive or respond to 9–1–1 

23 calls; or 

24 ‘‘(II) dispatch emergency respond25 ers.’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(j) SEVERABILITY CLAUSE.—If any provision of this 

3 section or the application thereof to any person or cir4 cumstance is held invalid, the remainder of this section and 

5 the application of such provision to other persons or cir6 cumstances shall not be affected thereby.’’. 

7 SEC. 4. PROHIBITION ON 9–1–1 FEE OR CHARGE DIVERSION. 

8 (a) IN GENERAL.—If the Commission obtains evidence 

9 that suggests the diversion by a State or taxing jurisdiction 

10 of 9–1–1 fees or charges, the Commission shall submit such 

11 information, including any information regarding the im12 pact of any underfunding of 9–1–1 services in the State 

13 or taxing jurisdiction, to the interagency strike force estab14 lished under subsection (c). 

15 (b) REPORT TO CONGRESS.—Beginning with the first 

16 report under section 6(f)(2) of the Wireless Communications 

17 and Public Safety Act of 1999 (47 U.S.C. 615a–1(f)(2)) 

18 that is required to be submitted after the date that is 1 year 

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

20 shall include in each report required under such section all 

21 evidence that suggests the diversion by a State or taxing 

22 jurisdiction of 9–1–1 fees or charges, including any infor23 mation regarding the impact of any underfunding of 9– 

24 1–1 services in the State or taxing jurisdiction. 


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1 (c) INTERAGENCY STRIKE FORCE TO END 9–1–1 FEE

2 OR CHARGE DIVERSION.— 

3 (1) ESTABLISHMENT.—Not later than 180 days 

4 after the date of the enactment of this Act, the Com5 mission shall establish an interagency strike force to 

6 study how the Federal Government can most expedi7 tiously end diversion by a State or taxing jurisdiction 

8 of 9–1–1 fees or charges. Such interagency strike force 

9 shall be known as the ‘‘Ending 9–1–1 Fee Diversion 

10 Now Strike Force’’ (in this section referred to as the 

11 ‘‘Strike Force’’). 

12 (2) DUTIES.—In carrying out the study under 

13 paragraph (1), the Strike Force shall— 

14 (A) determine the effectiveness of any Fed15 eral laws, including regulations, policies, and 

16 practices, or budgetary or jurisdictional con17 straints regarding how the Federal Government 

18 can most expeditiously end diversion by a State 

19 or taxing jurisdiction of 9–1–1 fees or charges; 

20 (B) consider whether criminal penalties 

21 would further prevent diversion by a State or 

22 taxing jurisdiction of 9–1–1 fees or charges; and 

23 (C) determine the impacts of diversion by a 

24 State or taxing jurisdiction of 9–1–1 fees or 

25 charges. 


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1 (3) MEMBERS.—The Strike Force shall be com2 posed of such representatives of Federal departments 

3 and agencies as the Commission considers appro4 priate, in addition to— 

5 (A) State attorneys general; 

6 (B) States or taxing jurisdictions found not 

7 to be engaging in diversion of 9–1–1 fees or 

8 charges; 

9 (C) States or taxing jurisdictions trying to 

10 stop the diversion of 9–1–1 fees or charges; 

11 (D) State 9–1–1 administrators; 

12 (E) public safety organizations; 

13 (F) groups representing the public and con14 sumers; and 

15 (G) groups representing public safety an16 swering point professionals. 

17 (4) REPORT TO CONGRESS.—Not later than 270 

18 days after the date of the enactment of this Act, the 

19 Strike Force shall publish on the website of the Com20 mission and submit to the Committee on Energy and 

21 Commerce of the House of Representatives and the 

22 Committee on Commerce, Science, and Transpor23 tation of the Senate a report on the findings of the 

24 study under this subsection, including— 


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1 (A) any recommendations regarding how to 

2 most expeditiously end the diversion by a State 

3 or taxing jurisdiction of 9–1–1 fees or charges, 

4 including actions that can be taken by Federal 

5 departments and agencies and appropriate 

6 changes to law or regulations; and 

7 (B) a description of what progress, if any, 

8 relevant Federal departments and agencies have 

9 made in implementing the recommendations 

10 under subparagraph (A). 

11 (d) FAILURE TO COMPLY.—Notwithstanding any other 

12 provision of law, any State or taxing jurisdiction identified 

13 by the Commission in the report required under section 

14 6(f)(2) of the Wireless Communications and Public Safety 

15 Act of 1999 (47 U.S.C. 615a–1(f)(2)) as engaging in diver16 sion of 9–1–1 fees or charges shall be ineligible to partici17 pate or send a representative to serve on any committee, 

18 panel, or council established under section 6205(a) of the 

19 Middle Class Tax Relief and Job Creation Act of 2012 (47 

20 U.S.C. 1425(a)) or any advisory committee established by 

21 the Commission. 

22 SEC. 5. RULE OF CONSTRUCTION. 

23 Nothing in this Act, the Wireless Communications and 

24 Public Safety Act of 1999 (Public Law 106–81), or the 

25 Communications Act of 1934 (47 U.S.C. 151 et seq.) shall 


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1 be construed to prevent a State or taxing jurisdiction from 

2 requiring an annual audit of the books and records of a 

3 provider of 9–1–1 services concerning the collection and re4 mittance of a 9–1–1 fee or charge. 

5 SEC. 6. DEFINITIONS. 

6 In this Act: 

7 (1) 9–1–1 FEE OR CHARGE.—The term ‘‘9–1–1 

8 fee or charge’’ has the meaning given such term in 

9 subparagraph (D) of paragraph (3) of section 6(f) of 

10 the Wireless Communications and Public Safety Act 

11 of 1999, as added by this Act. 

12 (2) 9–1–1 SERVICES.—The term ‘‘9–1–1 serv13 ices’’ has the meaning given such term in section 

14 158(e) of the National Telecommunications and Infor15 mation Administration Organization Act (47 U.S.C. 

16 942(e)). 

17 (3) COMMISSION.—The term ‘‘Commission’’ 

18 means the Federal Communications Commission. 

19 (4) DIVERSION.—The term ‘‘diversion’’ means, 

20 with respect to a 9–1–1 fee or charge, the obligation 

21 or expenditure of such fee or charge for a purpose or 

22 function other than the purposes and functions des23 ignated in the final rules issued under paragraph (3) 

24 of section 6(f) of the Wireless Communications and 

25 Public Safety Act of 1999, as added by this Act, as 


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1 purposes and functions for which the obligation or ex2 penditure of such a fee or charge is acceptable. 

3 (5) STATE OR TAXING JURISDICTION.—The term 

4 ‘‘State or taxing jurisdiction’’ has the meaning given 

5 such term in subparagraph (D) of paragraph (3) of 

6 section 6(f) of the Wireless Communications and Pub7 lic Safety Act of 1999, as added by this Act. 

Amend the title so as to read: ‘‘A bill to repeal the 

requirement to reallocate and auction the T-Band spectrum, to amend the Wireless Communications and Public 

Safety Act of 1999 to clarify acceptable 9–1–1 obligations or expenditures, and for other purposes.’’. 


kjohnson on DSK79L0C42PROD with BILLS
Union Calendar No. 421 

116TH CONGRESS 

2D SESSION H. R. 451 

[Report No. 116–521] 

A BILL 

To repeal the section of the Middle Class Tax Reallocate and auction the T-Band spectrum. the Federal Communications Commission to re- lief and Job Creation Act of 2012 that requires 

SEPTEMBER 18, 2020 

Reported with amendments; committed to the Committee 

dered to be printed of the Whole House on the State of the Union and orVerDate Sep 11 2014 01:02 Sep 19, 2020 Jkt 099200 PO 00000 Frm 00014 Fmt 6651 Sfmt 6651 E:\BILLS\H451.RH H451

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