I 

112TH CONGRESS 

1ST SESSION H. R. 2482 

To establish the sense of Congress that Congress should enact, and the 

President should sign, bipartisan legislation to strengthen public safety 

and to enhance wireless communications, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 11, 2011 

Mr. DINGELL (for himself and Mr. GENE GREEN of Texas) introduced the 

following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Science, Space, and Technology and Armed Services, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL 

To establish the sense of Congress that Congress should 

enact, and the President should sign, bipartisan legislation to strengthen public safety and to enhance wireless 

communications, 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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Public Safety Spectrum and Wireless Innovation Act’’. 


sroberts on DSK5SPTVN1PROD with BILLS
2 

•HR 2482 IH

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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—REALLOCATION OF PUBLIC SAFETY SPECTRUM 

Sec. 101. Reallocation of D block to public safety. 

Sec. 102. Flexible use of narrowband spectrum. 

TITLE II—GOVERNANCE OF PUBLIC SAFETY SPECTRUM 

Subtitle A—Public Safety Broadband Corporation 

Sec. 201. Single public safety wireless network licensee. 

Sec. 202. Establishment of Public Safety Broadband Corporation. 

Sec. 203. Board of Directors of the Corporation. 

Sec. 204. Officers, employees, and committees of the Corporation. 

Sec. 205. Nonprofit and nonpolitical nature of the Corporation. 

Sec. 206. Powers, duties, and responsibilities of the Corporation. 

Sec. 207. Initial funding for the Corporation. 

Sec. 208. Permanent self-funding; duty to assess and collect fees for network 

use. 

Sec. 209. Audit and report. 

Sec. 210. Annual report to Congress. 

Sec. 211. Public safety roaming and priority access. 

Sec. 212. Transitional analysis of public safety network attributes. 

Sec. 213. Prohibition on direct offering of commercial telecommunications service directly to consumers. 

Sec. 214. Provision of technical assistance. 

Subtitle B—Public Safety Commitments 

Sec. 221. State and Local Implementation Fund. 

Sec. 222. State and local implementation. 

Sec. 223. Public safety wireless communications research and development. 

Sec. 224. Advanced information and communications technology research. 

TITLE III—SPECTRUM AUCTION AUTHORITY 

Sec. 301. Extension of auction authority. 

Sec. 302. Auction of spectrum. 

Sec. 303. Incentive auction authority. 

Sec. 304. Efficient use of public safety spectrum. 

Sec. 305. Report on satellite broadband. 

Sec. 306. Federal infrastructure sharing. 

Sec. 307. Report on unlicensed spectrum. 

TITLE IV—PUBLIC SAFETY TRUST FUND 

Sec. 401. Public Safety Trust Fund. 

TITLE V—SPECTRUM POLICY 

Subtitle A—Inventory and Planning 


sroberts on DSK5SPTVN1PROD with BILLS
3 

•HR 2482 IH

Sec. 501. Radio spectrum inventory. 

Sec. 502. Federal spectrum planning. 

Subtitle B—Markets 

Sec. 511. Promoting secondary spectrum markets. 

Sec. 512. Unlicensed use in 5 GHz. 

Sec. 513. Experimental licenses. 

Sec. 514. Repurposing Federal spectrum for commercial purposes and Federal 

spectrum sharing. 

Sec. 515. Report on spectrum sharing. 

Subtitle C—Efficiency and Management 

Sec. 521. Functional responsibility of the NTIA to ensure efficient use of spectrum. 

Sec. 522. Spectrum efficiency analytic tools. 

Sec. 523. Study on receiver performance and spectrum efficiency. 

Sec. 524. Frequency assignment. 

Sec. 525. Spectrum opportunity cost transparency. 

Sec. 526. System certification. 

Sec. 527. Report to Congress on improving spectrum management. 

Sec. 528. Wireless facilities deployment. 

TITLE VI—STUDIES ON NEXT GENERATION 9–1–1 SERVICES 

Sec. 601. Definitions. 

Sec. 602. NHTSA report on costs for requirements and specifications of Next 

Generation 9–1–1 services. 

Sec. 603. FCC recommendations for legal and statutory framework for Next 

Generation 9–1–1 services. 

TITLE VII—MISCELLANEOUS 

Sec. 701. Severability. 

Sec. 702. Rule of construction. 

1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions shall apply: 

3 (1) 700 MHZ BAND.—The term ‘‘700 MHz 

4 band’’ means the portion of the electromagnetic 

5 spectrum between the frequencies from 698 mega6 hertz to 806 megahertz. 

7 (2) 700 MHZ D BLOCK SPECTRUM.—The term 

8 ‘‘700 MHz D block spectrum’’ means the portion of 

9 the electromagnetic spectrum between the freVerDate Mar 15 2010 20:32 Jul 12, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2482.IH H2482

sroberts on DSK5SPTVN1PROD with BILLS
4 

•HR 2482 IH

1 quencies from 758 megahertz to 763 megahertz and 

2 between the frequencies from 788 megahertz to 793 

3 megahertz. 

4 (3) APPROPRIATE COMMITTEES OF CON5 GRESS.—Except as otherwise specifically provided, 

6 the term ‘‘appropriate committees of Congress’’ 

7 means— 

8 (A) the Committee on Commerce, Science, 

9 and Transportation of the Senate; and 

10 (B) the Committee on Energy and Com11 merce of the House of Representatives. 

12 (4) ASSISTANT SECRETARY.—The term ‘‘Assist13 ant Secretary’’ means the Assistant Secretary of 

14 Commerce for Communications and Information. 

15 (5) COMMISSION.—The term ‘‘Commission’’ 

16 means the Federal Communications Commission. 

17 (6) CORPORATION.—The term ‘‘Corporation’’ 

18 means the Public Safety Broadband Corporation es19 tablished under subtitle A of title II. 

20 (7) EXISTING PUBLIC SAFETY BROADBAND

21 SPECTRUM.—The term ‘‘existing public safety 

22 broadband spectrum’’ means the portion of the elec23 tromagnetic spectrum between the frequencies— 

24 (A) from 763 megahertz to 768 megahertz; 


sroberts on DSK5SPTVN1PROD with BILLS
5 

•HR 2482 IH

1 (B) from 793 megahertz to 798 mega2 hertz; 

3 (C) from 768 megahertz to 769 megahertz; 

4 and 

5 (D) from 798 megahertz to 799 mega6 hertz. 

7 (8) FEDERAL ENTITY.—The term ‘‘Federal en8 tity’’ has the same meaning as in section 113(i) of 

9 the National Telecommunications and Information 

10 Administration Organization Act (47 U.S.C. 923(i)). 

11 (9) NARROWBAND SPECTRUM.—The term 

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

13 electromagnetic spectrum between the frequencies 

14 from 769 megahertz to 775 megahertz and between 

15 the frequencies from 799 megahertz to 805 mega16 hertz. 

17 (10) NIST.—The term ‘‘NIST’’ means the Na18 tional Institute of Standards and Technology. 

19 (11) NTIA.—The term ‘‘NTIA’’ means the Na20 tional Telecommunications and Information Admin21 istration. 

22 (12) PUBLIC SAFETY ENTITY.—The term ‘‘pub23 lic safety entity’’ means an entity that provides pub24 lic safety services. 


sroberts on DSK5SPTVN1PROD with BILLS
6 

•HR 2482 IH

1 (13) PUBLIC SAFETY SERVICES.—The term 

2 ‘‘public safety services’’— 

3 (A) has the meaning given the term in sec4 tion 337(f) of the Communications Act of 1934 

5 (47 U.S.C. 337(f)); and 

6 (B) includes services provided by emer7 gency response providers, as that term is de8 fined in section 2 of the Homeland Security Act 

9 of 2002 (6 U.S.C. 101). 

10 TITLE I—REALLOCATION OF 

11 PUBLIC SAFETY SPECTRUM 

12 SEC. 101. REALLOCATION OF D BLOCK TO PUBLIC SAFETY. 

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

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

15 entities in accordance with the provisions of this Act. 

16 (b) SPECTRUM ALLOCATION.—Section 337(a) of the 

17 Communications Act of 1934 (47 U.S.C. 337(a)) is 

18 amended— 

19 (1) by striking ‘‘24’’ in paragraph (1) and in20 serting ‘‘34’’; and 

21 (2) by striking ‘‘36’’ in paragraph (2) and in22 serting ‘‘26’’. 

23 SEC. 102. FLEXIBLE USE OF NARROWBAND SPECTRUM. 

24 The Commission may allow the narrowband spectrum 

25 to be used in a flexible manner, including usage for public 


sroberts on DSK5SPTVN1PROD with BILLS
7 

•HR 2482 IH

1 safety broadband communications, subject to such tech2 nical and interference protection measures as the Commis3 sion may require. 

4 TITLE II—GOVERNANCE OF 

5 PUBLIC SAFETY SPECTRUM 

6 Subtitle A—Public Safety 

7 Broadband Corporation 

8 SEC. 201. SINGLE PUBLIC SAFETY WIRELESS NETWORK LI9 CENSEE. 

10 (a) REALLOCATION AND GRANT OF LICENSE.—Not11 withstanding any other provision of law, and subject to 

12 the provisions of this Act, the Commission shall reallocate 

13 and grant a license to the Public Safety Broadband Cor14 poration established under section 202 for the use of the 

15 700 MHz D block spectrum and existing public safety 

16 broadband spectrum. 

17 (b) TERM OF LICENSE.— 

18 (1) INITIAL LICENSE.—The license granted 

19 under subsection (a) shall be for an initial term of 

20 10 years from the date of the initial issuance of the 

21 license. 

22 (2) RENEWAL OF LICENSE.—Prior to expiration 

23 of the term of the initial license granted under sub24 section (a) or the expiration of any subsequent re25 newal of such license, the Corporation shall submit 


sroberts on DSK5SPTVN1PROD with BILLS
8 

•HR 2482 IH

1 to the Commission an application for the renewal of 

2 such license. Such renewal application shall dem3 onstrate that, during the preceding license term, the 

4 Corporation has met the duties and obligations set 

5 forth under this Act. A renewal license granted 

6 under this paragraph shall be for a term of not to 

7 exceed 10 years. 

8 (c) FACILITATION OF TRANSITION.—The Commis9 sion shall take all actions necessary to facilitate the transi10 tion of the existing public safety broadband spectrum to 

11 the Public Safety Broadband Corporation established 

12 under section 202. 

13 SEC. 202. ESTABLISHMENT OF PUBLIC SAFETY BROADBAND 

14 CORPORATION. 

15 (a) ESTABLISHMENT.—There is authorized to be es16 tablished a private, nonprofit corporation, to be known as 

17 the ‘‘Public Safety Broadband Corporation’’, which is nei18 ther an agency nor establishment of the United States 

19 Government or the District of Columbia Government. 

20 (b) APPLICATION OF PROVISIONS.—The Corporation 

21 shall be subject to the provisions of this Act, and, to the 

22 extent consistent with this Act, to the District of Columbia 

23 Nonprofit Corporation Act (sec. 29–301.01 et seq., D.C. 

24 Official Code). 


sroberts on DSK5SPTVN1PROD with BILLS
9 

•HR 2482 IH

1 (c) RESIDENCE.—The Corporation shall have its 

2 place of business in the District of Columbia and shall be 

3 considered, for purposes of venue in civil actions, to be 

4 a resident of the District of Columbia. 

5 (d) POWERS UNDER DC ACT.—In order to carry out 

6 the duties and activities of the Corporation, the Corpora7 tion shall have the usual powers conferred upon a non8 profit corporation by the District of Columbia Nonprofit 

9 Corporation Act. 

10 (e) INCORPORATION.—The members of the initial 

11 Board of Directors of the Corporation shall serve as 

12 incorporators and shall take whatever steps that are nec13 essary to establish the Corporation under the District of 

14 Columbia Nonprofit Corporation Act. 

15 SEC. 203. BOARD OF DIRECTORS OF THE CORPORATION. 

16 (a) MEMBERSHIP.—The management of the Corpora17 tion shall be vested in a Board of Directors (referred to 

18 in this subtitle as the ‘‘Board’’), which shall consist of the 

19 following members: 

20 (1) FEDERAL MEMBERS.—The following indi21 viduals, or their respective designees, shall serve as 

22 Federal members: 

23 (A) The Secretary of Commerce. 

24 (B) The Secretary of Homeland Security. 


sroberts on DSK5SPTVN1PROD with BILLS
10 

•HR 2482 IH

1 (C) The Attorney General of the United 

2 States. 

3 (D) The Director of the Office of Manage4 ment and Budget. 

5 (2) NON-FEDERAL MEMBERS.— 

6 (A) IN GENERAL.—The Secretary of Com7 merce shall appoint 11 individuals to serve as 

8 non-Federal members of the Board. 

9 (B) STATE AND LOCAL INTERESTS TO BE

10 REPRESENTED.—In making appointments 

11 under subparagraph (A), the Secretary of Com12 merce, in consultation with the Secretary of 

13 Homeland Security and the Attorney General of 

14 the United States, should— 

15 (i) appoint at least 3 individuals to 

16 represent the collective interests of the 

17 States, localities, tribes, and territories; 

18 (ii) seek to ensure geographic and re19 gional representation of the United States 

20 in such appointments; and 

21 (iii) seek to ensure rural and urban 

22 representation in such appointments. 

23 (C) PUBLIC SAFETY INTERESTS TO BE

24 REPRESENTED.—In making appointments 

25 under subparagraph (A), the Secretary of ComVerDate Mar 15 2010 20:32 Jul 12, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2482.IH H2482

sroberts on DSK5SPTVN1PROD with BILLS
11 

•HR 2482 IH

1 merce should appoint at least 3 individuals who 

2 have served or are currently serving as public 

3 safety professionals. 

4 (D) REQUIRED QUALIFICATIONS.— 

5 (i) IN GENERAL.—Each non-Federal 

6 member appointed under subparagraph (A) 

7 should meet at least 1 of the following cri8 teria: 

9 (I) PUBLIC SAFETY EXPERI10 ENCE.—Knowledge and experience in 

11 the use of Federal, State, local, or 

12 tribal public safety or emergency re13 sponse. 

14 (II) TECHNICAL EXPERTISE.— 

15 Technical expertise and fluency re16 garding broadband communications, 

17 including public safety communica18 tions. 

19 (III) NETWORK EXPERTISE.— 

20 Expertise in building, deploying, and 

21 operating commercial telecommuni22 cations networks. 

23 (IV) FINANCIAL EXPERTISE.— 

24 Expertise in financing and funding 

25 telecommunications networks. 


sroberts on DSK5SPTVN1PROD with BILLS
12 

•HR 2482 IH

1 (ii) EXPERTISE TO BE REP2 RESENTED.—In making appointments 

3 under subparagraph (A), the Secretary of 

4 Commerce shall appoint— 

5 (I) at least one individual who 

6 satisfies the requirement under sub7 clause (II) of clause (i); 

8 (II) at least one individual who 

9 satisfies the requirement under sub10 clause (III) of clause (i); and 

11 (III) at least one individual who 

12 satisfies the requirement under sub13 clause (IV) of clause (i). 

14 (E) INDEPENDENCE.— 

15 (i) IN GENERAL.—Each non-Federal 

16 member of the Board shall be independent 

17 and neutral. 

18 (ii) INDEPENDENCE DETERMINA19 TION.—In order to be considered inde20 pendent for purposes of this subparagraph, 

21 a member of the Board— 

22 (I) may not, other than in his or 

23 her capacity as a member of the 

24 Board or any committee thereof— 


sroberts on DSK5SPTVN1PROD with BILLS
13 

•HR 2482 IH

1 (aa) accept any consulting, 

2 advisory, or other compensatory 

3 fee from the Corporation; or 

4 (bb) be a person associated 

5 with the Corporation or with any 

6 affiliated company thereof; and 

7 (II) shall be disqualified from 

8 any deliberation involving any trans9 action of the Corporation in which the 

10 Board member has a financial interest 

11 in the outcome of the transaction. 

12 (F) NOT OFFICERS OR EMPLOYEES.—The 

13 non-Federal members of the Board shall not, by 

14 reason of such membership, be considered to be 

15 officers or employees of the United States Gov16 ernment or of the District of Columbia Govern17 ment. 

18 (G) CITIZENSHIP.—No individual other 

19 than a citizen of the United States may serve 

20 as a non-Federal member of the Board. 

21 (b) TERMS OF APPOINTMENT.— 

22 (1) INITIAL APPOINTMENT DEADLINE.—Mem23 bers of the Board shall be appointed not later than 

24 180 days after the date of the enactment of this Act. 

25 (2) TERMS.— 


sroberts on DSK5SPTVN1PROD with BILLS
14 

•HR 2482 IH

1 (A) LENGTH.— 

2 (i) FEDERAL MEMBERS.—Each Fed3 eral member of the Board shall serve as a 

4 member of the Board for the life of the 

5 Corporation. 

6 (ii) NON-FEDERAL MEMBERS.—The 

7 term of office of each non-Federal member 

8 of the Board shall be 3 years. No non-Fed9 eral member of the Board may serve more 

10 than 2 consecutive full 3-year terms. 

11 (B) EXPIRATION OF TERM.—Any member 

12 whose term has expired may serve until such 

13 member’s successor has taken office, or until 

14 the end of the calendar year in which such 

15 member’s term has expired, whichever is earlier. 

16 (C) APPOINTMENT TO FILL VACANCY.— 

17 Any non-Federal member appointed to fill a va18 cancy occurring prior to the expiration of the 

19 term for which that member’s predecessor was 

20 appointed shall be appointed for the remainder 

21 of the predecessor’s term. 

22 (D) STAGGERED TERMS.—With respect to 

23 the initial non-Federal members of the Board— 

24 (i) 4 members shall serve for a term 

25 of 3 years; 


sroberts on DSK5SPTVN1PROD with BILLS
15 

•HR 2482 IH

1 (ii) 4 members shall serve for a term 

2 of 2 years; and 

3 (iii) 3 members shall serve for a term 

4 of 1 year. 

5 (3) VACANCIES.—A vacancy in the membership 

6 of the Board shall not affect the Board’s powers, 

7 and shall be filled in the same manner as the origi8 nal member was appointed. 

9 (c) CHAIR.— 

10 (1) SELECTION.—The Secretary of Commerce 

11 shall select, from among the non-Federal members 

12 of the Board, an individual to serve for a 2-year 

13 term as Chair of the Board. 

14 (2) CONSECUTIVE TERMS.—An individual may 

15 not serve for more than 2 consecutive terms as 

16 Chair of the Board. 

17 (3) REMOVAL FOR CAUSE.—The Secretary of 

18 Commerce may remove the Chair of the Board and 

19 any non-Federal member for good cause. 

20 (d) REMOVAL.—All members of the Board may by 

21 majority vote— 

22 (1) remove any non-Federal member of the 

23 Board from office for conduct determined by the 

24 Board to be detrimental to the Board or Corpora25 tion; and 


sroberts on DSK5SPTVN1PROD with BILLS
16 

•HR 2482 IH

1 (2) request that the Secretary of Commerce ex2 ercise his or her authority to remove the Chair of 

3 the Board for conduct determined by the Board to 

4 be detrimental to the Board or Corporation. 

5 (e) MEETINGS.— 

6 (1) FREQUENCY.—The Board shall meet in ac7 cordance with the bylaws of the Corporation— 

8 (A) at the call of the Chairperson; and 

9 (B) not less frequently than once each 

10 quarter. 

11 (2) TRANSPARENCY.—Meetings of the Board, 

12 including any committee of the Board, shall be open 

13 to the public. The Board may, by majority vote, 

14 close any such meeting only for the time necessary 

15 to preserve the confidentiality of commercial or fi16 nancial information that is privileged or confidential, 

17 to discuss personnel matters, or to discuss legal mat18 ters affecting the Corporation, including pending or 

19 potential litigation. 

20 (f) QUORUM.—Eight members of the Board shall 

21 constitute a quorum, including at least 6 non-Federal 

22 members of the Board. 

23 (g) BYLAWS.—A majority of the members of the 

24 Board of Directors may amend the bylaws of the Corpora25 tion. 


sroberts on DSK5SPTVN1PROD with BILLS
17 

•HR 2482 IH

1 (h) ATTENDANCE.—Members of the Board of Direc2 tors may attend meetings of the Corporation and vote in 

3 person, via telephone conference, or via video conference. 

4 (i) PROHIBITION ON COMPENSATION.—A member of 

5 the Board of the Corporation shall serve without pay, and 

6 shall not otherwise benefit, directly or indirectly, as a re7 sult of their service to the Corporation, but shall be al8 lowed a per diem allowance for travel expenses, at rates 

9 authorized for an employee of an agency under subchapter 

10 I of chapter 57 of title 5, United States Code, while away 

11 from the home or regular place of business of the member 

12 in the performance of the duties of the Corporation. 

13 SEC. 204. OFFICERS, EMPLOYEES, AND COMMITTEES OF 

14 THE CORPORATION. 

15 (a) OFFICERS AND EMPLOYEES.— 

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

17 a Chief Executive Officer, and such other officers 

18 and employees as may be named and appointed by 

19 the Board for terms and at rates of compensation 

20 fixed by the Board pursuant to this subsection. The 

21 Chief Executive Officer may name and appoint such 

22 employees as are necessary. All officers and employ23 ees shall serve at the pleasure of the Board. 


sroberts on DSK5SPTVN1PROD with BILLS
18 

•HR 2482 IH

1 (2) LIMITATION.—No individual other than a 

2 citizen of the United States may be an officer of the 

3 Corporation. 

4 (3) NONPOLITICAL NATURE OF APPOINT5 MENT.—No political test or qualification shall be 

6 used in selecting, appointing, promoting, or taking 

7 other personnel actions with respect to officers, 

8 agents, or employees of the Corporation. 

9 (4) COMPENSATION.— 

10 (A) IN GENERAL.—The Board may hire 

11 and fix the compensation of employees hired 

12 under this subsection as may be necessary to 

13 carry out the purposes of the Corporation. 

14 (B) APPROVAL OF COMPENSATION BY

15 FEDERAL MEMBERS.—Notwithstanding any 

16 other provision of law, or any bylaw adopted by 

17 the Corporation, all rates of compensation, in18 cluding benefit plans and salary ranges, for of19 ficers and employees of the Board, shall be 

20 jointly approved by the Federal members of the 

21 Board. 

22 (C) LIMITATION ON OTHER COMPENSA23 TION.—No officer or employee of the Corpora24 tion may receive any salary or other compensa25 tion (except for compensation for services on 


sroberts on DSK5SPTVN1PROD with BILLS
19 

•HR 2482 IH

1 boards of directors of other organizations that 

2 do not receive funds from the Corporation, on 

3 committees of such boards, and in similar ac4 tivities for such organizations) from any sources 

5 other than the Corporation for services ren6 dered during the period of the employment of 

7 the officer or employee by the Corporation. 

8 (5) SERVICE ON OTHER BOARDS.—Service by 

9 any officer on boards of directors of other organiza10 tions, on committees of such boards, and in similar 

11 activities for such organizations shall be subject to 

12 annual advance approval by the Board and subject 

13 to the provisions of the Corporation’s Statement of 

14 Ethical Conduct. 

15 (6) RULE OF CONSTRUCTION.—No officer or 

16 employee of the Board or of the Corporation shall be 

17 considered to be an officer or employee of the United 

18 States Government or of the government of the Dis19 trict of Columbia. 

20 (b) ADVISORY COMMITTEES.—The Board— 

21 (1) shall establish a standing public safety advi22 sory committee to assist the Board in carrying out 

23 its duties and responsibilities under this subtitle; 

24 and 


sroberts on DSK5SPTVN1PROD with BILLS
20 

•HR 2482 IH

1 (2) may establish additional standing or ad hoc 

2 committees, panels, or councils as the Board deter3 mines are necessary. 

4 (c) SELECTION OF AGENTS, CONSULTANTS, AND EX5 PERTS.— 

6 (1) IN GENERAL.—The Board shall select par7 ties to serve as its agents, consultants, or experts in 

8 a fair, transparent, and objective manner. 

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

10 agent, consultant, or expert satisfies the require11 ments under paragraph (1), the selection of that 

12 agent, consultant, or expert shall be final and bind13 ing. 

14 SEC. 205. NONPROFIT AND NONPOLITICAL NATURE OF THE 

15 CORPORATION. 

16 (a) STOCK.—The Corporation shall have no power to 

17 issue any shares of stock, or to declare or pay any divi18 dends. 

19 (b) PROFIT.—No part of the income or assets of the 

20 Corporation shall inure to the benefit of any director, offi21 cer, employee, or any other individual associated with the 

22 Corporation, except as salary or reasonable compensation 

23 for services. 


sroberts on DSK5SPTVN1PROD with BILLS
21 

•HR 2482 IH

1 (c) POLITICS.—The Corporation may not contribute 

2 to or otherwise support any political party or candidate 

3 for elective public office. 

4 (d) PROHIBITION ON LOBBYING ACTIVITIES.—The 

5 Corporation shall not engage in lobbying activities (as de6 fined in section 3(7) of the Lobbying Disclosure Act of 

7 1995 (5 U.S.C. 1602(7))). 

8 SEC. 206. POWERS, DUTIES, AND RESPONSIBILITIES OF THE 

9 CORPORATION. 

10 (a) GENERAL POWERS.—The Corporation shall have 

11 the authority to do the following: 

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

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

14 of Congress. 

15 (3) To prescribe, through the actions of its 

16 Board, bylaws not inconsistent with Federal law and 

17 the laws of the District of Columbia, regulating the 

18 manner in which the Corporation’s general business 

19 may be conducted and the manner in which the 

20 privileges granted to the Corporation by law may be 

21 exercised. 

22 (4) To exercise, through the actions of its 

23 Board, all powers specifically granted by the provi24 sions of this subtitle, and such incidental powers as 

25 shall be necessary. 


sroberts on DSK5SPTVN1PROD with BILLS
22 

•HR 2482 IH

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

2 times and places, take such testimony, and receive 

3 such evidence as the Corporation considers necessary 

4 to carry out its responsibilities and duties. 

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

6 contracts with individuals, private companies, orga7 nizations, institutions, and Federal, State, regional, 

8 and local agencies. 

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

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

11 and personal, for the purposes of aiding or facili12 tating the work of the Corporation. 

13 (8) To issue notes or bonds to purchasers of 

14 such instruments in the private capital markets. 

15 (9) To incur indebtedness to carry out the pur16 poses of this subtitle. 

17 (10) To spend funds under paragraph (6) in a 

18 manner authorized by the Board, but only for pur19 poses that will advance or enhance public safety 

20 communications consistent with this Act. 

21 (11) To establish reserve accounts with funds 

22 that the Corporation may receive from time to time 

23 that exceed the amounts required by the Corporation 

24 to timely pay its debt service and other obligations. 


sroberts on DSK5SPTVN1PROD with BILLS
23 

•HR 2482 IH

1 (12) To expend the funds placed in any reserve 

2 accounts established under paragraph (11) (includ3 ing interest earned on any such amounts) in a man4 ner authorized by the Board, but only for purposes 

5 that— 

6 (A) will advance or enhance public safety 

7 communications consistent with this Act; or 

8 (B) are otherwise approved by an Act of 

9 Congress. 

10 (13) To take such other actions as the Corpora11 tion (through its Board) may from time to time de12 termine necessary, appropriate, or advisable to ac13 complish the purposes of this subtitle. 

14 (b) DUTY AND RESPONSIBILITY TO DEPLOY AND

15 OPERATE A NATIONWIDE PUBLIC SAFETY INTEROPER16 ABLE BROADBAND NETWORK.— 

17 (1) IN GENERAL.—The Corporation shall hold 

18 the single public safety wireless license granted 

19 under section 201 and take all actions necessary to 

20 ensure the building, deployment, and operation of a 

21 nationwide public safety interoperable broadband 

22 network in consultation with Federal, State, tribal, 

23 and local public safety entities, the Director of 

24 NIST, the Commission, and the public safety adviVerDate Mar 15 2010 20:32 Jul 12, 2011 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2482.IH H2482

sroberts on DSK5SPTVN1PROD with BILLS
24 

•HR 2482 IH

1 sory committee established in section 204(b)(1), in2 cluding by, at a minimum— 

3 (A) ensuring nationwide standards for use 

4 and access of the network; 

5 (B) issuing open, transparent, and com6 petitive requests for proposals to private sector 

7 entities for the purposes of building, operating, 

8 and maintaining the network; 

9 (C) encouraging that such requests lever10 age, to the maximum extent economically desir11 able, existing commercial wireless infrastructure 

12 to speed deployment of the network; and 

13 (D) managing and overseeing the imple14 mentation and execution of contracts or agree15 ments with non-Federal entities to build, oper16 ate, and maintain the network. 

17 (2) INTEROPERABILITY.—In carrying out the 

18 duties and responsibilities of this subsection, includ19 ing issuing requests for proposals, the Corporation 

20 shall— 

21 (A) ensure the safety, security, and resil22 iency of the network, including requirements for 

23 protecting and monitoring the network to pro24 tect against cyberattack; 


sroberts on DSK5SPTVN1PROD with BILLS
25 

•HR 2482 IH

1 (B) promote competition in the equipment 

2 market, including devices for public safety com3 munications, by requiring that equipment for 

4 use on the network be— 

5 (i) built to open, non-proprietary, 

6 commercially available standards; 

7 (ii) capable of being used by any pub8 lic safety entity and by multiple vendors 

9 across all public safety broadband net10 works operating in the 700 MHz band; 

11 and 

12 (iii) backward-compatible with exist13 ing second and third generation commer14 cial networks to the extent that such capa15 bilities are necessary and technically and 

16 economically reasonable; and 

17 (C) promote integration of the network 

18 with public safety answering points or their 

19 equivalent. 

20 (3) RURAL COVERAGE.—In carrying out the du21 ties and responsibilities of this subsection, including 

22 issuing requests for proposals, the Corporation, con23 sistent with the license granted under section 201, 

24 shall require deployment phases with substantial 

25 rural coverage milestones as part of each phase of 


sroberts on DSK5SPTVN1PROD with BILLS
26 

•HR 2482 IH

1 the construction and deployment of the network. To 

2 the maximum extent economically desirable, such 

3 proposals shall include partnerships with existing 

4 commercial mobile providers to utilize cost-effective 

5 opportunities to speed deployment in rural areas. 

6 (4) EXECUTION OF AUTHORITY.—In carrying 

7 out the duties and responsibilities of this subsection, 

8 the Corporation may— 

9 (A) obtain grants from and make contracts 

10 with individuals, private companies, and Fed11 eral, State, regional, and local agencies; 

12 (B) hire or accept voluntary services of 

13 consultants, experts, advisory boards, and pan14 els to aid the Corporation in carrying out such 

15 duties and responsibilities; 

16 (C) receive payment for use of— 

17 (i) network capacity licensed to the 

18 Corporation; and 

19 (ii) network infrastructure con20 structed, owned, or operated by the Cor21 poration; and 

22 (D) take such other actions as may be nec23 essary to accomplish the purposes set forth in 

24 this subsection. 


sroberts on DSK5SPTVN1PROD with BILLS
27 

•HR 2482 IH

1 (c) OTHER SPECIFIC DUTIES AND RESPONSIBIL2 ITIES.— 

3 (1) ESTABLISHMENT OF NETWORK POLICIES.— 

4 In carrying out the requirements under subsection 

5 (b), the Corporation shall develop— 

6 (A) requests for proposals with appro7 priate— 

8 (i) timetables for construction, includ9 ing by taking into consideration the time 

10 needed to build out to rural areas and the 

11 advantages offered through partnerships 

12 with existing commercial providers under 

13 paragraph (3); 

14 (ii) coverage areas, including coverage 

15 in rural and nonurban areas; 

16 (iii) service levels; 

17 (iv) performance criteria; and 

18 (v) other similar matters for the con19 struction and deployment of such network; 

20 (B) the technical and operational require21 ments of the network; 

22 (C) practices, procedures, and standards 

23 for the management and operation of such net24 work; 


sroberts on DSK5SPTVN1PROD with BILLS
28 

•HR 2482 IH

1 (D) terms of service for the use of such 

2 network, including billing practices; and 

3 (E) ongoing compliance review and moni4 toring of the— 

5 (i) management and operation of such 

6 network; 

7 (ii) practices and procedures of the 

8 entities operating on and the personnel 

9 using such network; and 

10 (iii) necessary training needs of net11 work operators and users. 

12 (2) STATE AND LOCAL PLANNING.— 

13 (A) REQUIRED CONSULTATION.—In devel14 oping requests for proposals and otherwise car15 rying out its responsibilities under this Act, the 

16 Corporation shall consult with regional, State, 

17 tribal, and local jurisdictions regarding the dis18 tribution and expenditure of any amounts re19 quired to carry out the policies established 

20 under paragraph (1), including with regard to 

21 the— 

22 (i) construction of an Evolved Packet 

23 Core and any Radio Access Network build 

24 out; 

25 (ii) placement of towers; 


sroberts on DSK5SPTVN1PROD with BILLS
29 

•HR 2482 IH

1 (iii) coverage areas of the network, 

2 whether at the regional, State, tribal, or 

3 local level; 

4 (iv) adequacy of hardening, security, 

5 reliability, and resiliency requirements; 

6 (v) assignment of priority to local 

7 users; 

8 (vi) assignment of priority and selec9 tion of entities seeking access to or use of 

10 the nationwide public safety interoperable 

11 broadband network established under sub12 section (b); and 

13 (vii) training needs of local users. 

14 (B) METHOD OF CONSULTATION.—The 

15 consultation required under subparagraph (A) 

16 shall occur between the Corporation and the 

17 single officer or governmental body designated 

18 under section 222(d). 

19 (3) LEVERAGING EXISTING INFRASTRUC20 TURE.—In carrying out the requirement under sub21 section (b), the Corporation shall enter into agree22 ments to utilize, to the maximum extent economi23 cally desirable, existing— 

24 (A) commercial or other communications 

25 infrastructure; and 


sroberts on DSK5SPTVN1PROD with BILLS
30 

•HR 2482 IH

1 (B) Federal, State, tribal, or local infra2 structure. 

3 (4) MAINTENANCE AND UPGRADES.—The Cor4 poration shall ensure the maintenance, operation, 

5 and improvement of the nationwide public safety 

6 interoperable broadband network established under 

7 subsection (b), including by ensuring that the Cor8 poration updates and revises any policies established 

9 under paragraph (1) to take into account new and 

10 evolving technologies. 

11 (5) ROAMING AGREEMENTS.—The Corporation 

12 shall negotiate and enter into, as it determines ap13 propriate, roaming agreements with commercial net14 work providers to allow the nationwide public safety 

15 interoperable broadband network to roam onto com16 mercial networks and gain prioritization of public 

17 safety communications over such networks in times 

18 of an emergency. 

19 (6) NETWORK INFRASTRUCTURE AND DEVICE

20 CRITERIA.—The Director of NIST, in consultation 

21 with the Corporation and the Commission, shall en22 sure the development of a list of certified devices 

23 and components meeting appropriate protocols and 

24 standards for public safety entities and commercial 

25 vendors to adhere to, if such entities or vendors seek 


sroberts on DSK5SPTVN1PROD with BILLS
31 

•HR 2482 IH

1 to have access to, use of, or compatibility with the 

2 nationwide public safety interoperable broadband 

3 network established under subsection (b). 

4 (7) REPRESENTATION BEFORE STANDARD SET5 TING ENTITIES.—The Director of NIST, in con6 sultation with the Corporation, the Commission, and 

7 the public safety advisory committee established 

8 under section 204(b)(1), shall represent the interests 

9 of public safety users of the nationwide public safety 

10 interoperable broadband network established under 

11 subsection (b) before any proceeding, negotiation, or 

12 other matter in which a standards organization, 

13 standards body, standards development organization, 

14 or any other recognized standards-setting entity re15 garding the development of standards relating to 

16 interoperability. 

17 (8) PROHIBITION ON NEGOTIATION WITH FOR18 EIGN GOVERNMENTS.—The Corporation shall not 

19 have the authority to negotiate or enter into any 

20 agreements with a foreign government on behalf of 

21 the United States. 

22 (d) USE OF MAILS.—The Corporation may use the 

23 United States mails in the same manner and under the 

24 same conditions as the departments and agencies of the 

25 United States. 


sroberts on DSK5SPTVN1PROD with BILLS
32 

•HR 2482 IH

1 SEC. 207. INITIAL FUNDING FOR THE CORPORATION. 

2 (a) NTIA LOANS TO THE CORPORATION.— 

3 (1) IN GENERAL.—Prior to the commencement 

4 of incentive auctions to be carried out under section 

5 309(j)(8)(F) of the Communications Act of 1934 or 

6 the auction of spectrum pursuant to section 302, the 

7 NTIA is authorized to make loans to the Corpora8 tion. 

9 (2) CONDITION OF LOANS.—At the time of ap10 plication for, and as a condition to, any such loan, 

11 the Corporation shall file with the NTIA a state12 ment with respect to the anticipated use of the pro13 ceeds of the loan. 

14 (3) NTIA APPROVAL.—If the NTIA determines 

15 that such loan is necessary for the Corporation to 

16 carry out its duties and responsibilities under this 

17 subtitle and that the Corporation has submitted a 

18 plan which provides as reasonable an assurance of 

19 prompt repayment as may be feasible under the cir20 cumstances, then the NTIA shall so certify to the 

21 Secretary of the Treasury, and issue notes or other 

22 obligations to the Secretary of the Treasury pursu23 ant to subsection (b). 

24 (b) NTIA NOTES ISSUED TO TREASURY.— 

25 (1) IN GENERAL.—To enable the NTIA to 

26 make loans under subsection (a), the NTIA is auVerDate Mar 15 2010 20:32 Jul 12, 2011 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H2482.IH H2482

sroberts on DSK5SPTVN1PROD with BILLS
33 

•HR 2482 IH

1 thorized to issue to the Secretary of the Treasury 

2 notes or other obligations, in such forms and de3 nominations, bearing such maturities, and subject to 

4 such terms and conditions, as may be prescribed by 

5 the Secretary of the Treasury. 

6 (2) INTEREST ON NOTES.— 

7 (A) ESTABLISHMENT.—Any notes or other 

8 obligations issued pursuant to paragraph (1) 

9 shall bear interest at a rate determined by the 

10 Secretary of the Treasury, taking into consider11 ation the current average market yield on out12 standing marketable obligations of the United 

13 States of comparable maturities during the 

14 month preceding the issuance of the notes or 

15 other obligations. 

16 (B) REDUCTION.—The Secretary of the 

17 Treasury may reduce the interest rate set forth 

18 under subparagraph (A) if he determines such 

19 reduction to be in the national interest. 

20 (3) AUTHORITY OF THE TREASURY TO SELL

21 NOTES.—The Secretary of the Treasury may at any 

22 time sell any of the notes or other obligations ac23 quired by him under this subsection. All redemp24 tions, purchases, and sales by the Secretary of the 

25 Treasury of such notes or other obligations shall be 


sroberts on DSK5SPTVN1PROD with BILLS
34 

•HR 2482 IH

1 treated as public debt transactions of the United 

2 States. 

3 SEC. 208. PERMANENT SELF-FUNDING; DUTY TO ASSESS 

4 AND COLLECT FEES FOR NETWORK USE. 

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

6 assess and collect the following fees: 

7 (1) NETWORK USER FEE.—A user or subscrip8 tion fee from each entity, including any public safety 

9 entity or secondary user, that seeks access to or use 

10 of the nationwide public safety interoperable 

11 broadband network established under this subtitle. 

12 (2) LEASE FEES RELATED TO NETWORK CA13 PACITY.— 

14 (A) IN GENERAL.—A fee from any entity 

15 that seeks to enter into a covered leasing agree16 ment. 

17 (B) COVERED LEASING AGREEMENT.—For 

18 purposes of subparagraph (A), a ‘‘covered leas19 ing agreement’’ means a written agreement be20 tween the Corporation and secondary user to 

21 permit— 

22 (i) access to network capacity on a 

23 secondary basis for non-public safety serv24 ices; and 


sroberts on DSK5SPTVN1PROD with BILLS
35 

•HR 2482 IH

1 (ii) the spectrum allocated to such en2 tity to be used for commercial trans3 missions along the dark fiber of the long4 haul network of such entity. 

5 (3) LEASE FEES RELATED TO NETWORK EQUIP6 MENT AND INFRASTRUCTURE.—A fee from any enti7 ty that seeks access to or use of any equipment or 

8 infrastructure, including antennas or towers, con9 structed or otherwise owned by the Corporation. 

10 (b) ESTABLISHMENT OF FEE AMOUNTS; PERMA11 NENT SELF-FUNDING.—The total amount of the fees as12 sessed for each fiscal year pursuant to this section shall 

13 be sufficient, and shall not exceed the amount necessary, 

14 to recoup the total expenses of the Corporation in carrying 

15 out its duties and responsibilities described under this sub16 title for the fiscal year involved. 

17 (c) REQUIRED REINVESTMENT OF FUNDS.—The 

18 Corporation shall reinvest amounts received from the as19 sessment of fees under this section in the nationwide pub20 lic safety interoperable broadband network by using such 

21 funds only for constructing, maintaining, or improving the 

22 network. 

23 SEC. 209. AUDIT AND REPORT. 

24 (a) AUDIT.— 


sroberts on DSK5SPTVN1PROD with BILLS
36 

•HR 2482 IH

1 (1) IN GENERAL.—The financial transactions of 

2 the Corporation for any fiscal year during which 

3 Federal funds are available to finance any portion of 

4 its operations shall be audited by the Comptroller 

5 General of the United States annually in accordance 

6 with the principles and procedures applicable to 

7 commercial corporate transactions and under such 

8 rules and regulations as may be prescribed by the 

9 Comptroller General. Each audit conducted by the 

10 Comptroller General under this paragraph shall be 

11 made available to Congress. 

12 (2) LOCATION.—Any audit conducted under 

13 paragraph (1) shall be conducted at the place or 

14 places where accounts of the Corporation are nor15 mally kept. 

16 (3) ACCESS TO CORPORATION BOOKS AND DOC17 UMENTS.— 

18 (A) IN GENERAL.—For purposes of an 

19 audit conducted under paragraph (1), the rep20 resentatives of the Comptroller General shall— 

21 (i) have access to all books, accounts, 

22 records, reports, files, and all other papers, 

23 things, or property belonging to or in use 

24 by the Corporation that pertain to the fi25 nancial transactions of the Corporation 


sroberts on DSK5SPTVN1PROD with BILLS
37 

•HR 2482 IH

1 and are necessary to facilitate the audit; 

2 and 

3 (ii) be afforded full facilities for 

4 verifying transactions with the balances or 

5 securities held by depositories, fiscal 

6 agents, and custodians. 

7 (B) REQUIREMENT.—All books, accounts, 

8 records, reports, files, papers, and property of 

9 the Corporation shall remain in the possession 

10 and custody of the Corporation. 

11 (b) REPORT.— 

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

13 the United States shall submit a report of each 

14 audit conducted under subsection (a) to— 

15 (A) the appropriate committees of Con16 gress; 

17 (B) the President; and 

18 (C) the Corporation. 

19 (2) CONTENTS.—Each report submitted under 

20 paragraph (1) shall contain— 

21 (A) such comments and information as the 

22 Comptroller General determines necessary to in23 form Congress of the financial operations and 

24 condition of the Corporation; 


sroberts on DSK5SPTVN1PROD with BILLS
38 

•HR 2482 IH

1 (B) any recommendations of the Comp2 troller General relating to the financial oper3 ations and condition of the Corporation; and 

4 (C) a description of any program, expendi5 ture, or other financial transaction or under6 taking of the Corporation that was observed 

7 during the course of the audit, which, in the 

8 opinion of the Comptroller General, has been 

9 carried on or made without the authority of 

10 law. 

11 SEC. 210. ANNUAL REPORT TO CONGRESS. 

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

13 date of enactment of this Act, and each year thereafter, 

14 the Corporation shall submit an annual report covering 

15 the preceding fiscal year to the appropriate committees of 

16 Congress. 

17 (b) REQUIRED CONTENT.—The report required 

18 under subsection (a) shall include— 

19 (1) a comprehensive and detailed report of the 

20 operations, activities, financial condition, and accom21 plishments of the Corporation under this section; 

22 and 

23 (2) such recommendations or proposals for leg24 islative or administrative action as the Corporation 

25 deems appropriate. 


sroberts on DSK5SPTVN1PROD with BILLS
39 

•HR 2482 IH

1 (c) AVAILABILITY TO TESTIFY.—The directors, offi2 cers, employees, and agents of the Corporation shall be 

3 available to testify before the appropriate committees of 

4 the Congress with respect to— 

5 (1) the report required under subsection (a); 

6 (2) the report of any audit made by the Comp7 troller General under section 209; or 

8 (3) any other matter which such committees 

9 may determine appropriate. 

10 SEC. 211. PUBLIC SAFETY ROAMING AND PRIORITY AC11 CESS. 

12 The Commission may adopt rules, if necessary in the 

13 public interest, to improve the ability of public safety net14 works to roam onto commercial networks and to gain pri15 ority access to commercial networks in an emergency if— 

16 (1) the public safety entity equipment is tech17 nically compatible with the commercial network; 

18 (2) the commercial network is reasonably com19 pensated; and 

20 (3) such access does not preempt or otherwise 

21 terminate or degrade all existing voice conversations 

22 or data sessions. 


sroberts on DSK5SPTVN1PROD with BILLS
40 

•HR 2482 IH

1 SEC. 212. TRANSITIONAL ANALYSIS OF PUBLIC SAFETY 

2 NETWORK ATTRIBUTES. 

3 (a) ESTABLISHMENT OF EVALUATION FRAME4 WORK.—Not later than 180 days after the date of enact5 ment of this Act, the Director of NIST, in consultation 

6 with the Secretary of Homeland Security, the Attorney 

7 General, and the Director of the Office of Management 

8 and Budget, shall develop an evaluation framework. The 

9 development of such an evaluation framework shall be in10 formed by a study commissioned by the Director of NIST 

11 and completed by an independent and neutral agent, con12 sultant, or expert, who has— 

13 (1) at least 5 years of technical and economic 

14 experience in analyzing the costs and effectiveness of 

15 communications networks; and 

16 (2) agreed not to contract or subcontract with 

17 the Corporation for at least 3 years from the date 

18 such study is completed other than for follow-on and 

19 related studies. 

20 (b) CONSIDERATIONS.—The evaluation framework 

21 required to be developed under subsection (a) shall take 

22 into consideration the public safety network attributes 

23 identified in a report completed by the Visiting Committee 

24 on Advanced Technology of NIST. The report required 

25 under this subsection shall identify the desired attributes 

26 of the nationwide public safety interoperable broadband 


sroberts on DSK5SPTVN1PROD with BILLS
41 

•HR 2482 IH

1 network to be established under this title, as well as any 

2 other attributes the Secretary of Commerce may request. 

3 (c) REQUIRED EVALUATIONS.—The evaluation 

4 framework required to be developed under subsection (a) 

5 shall evaluate— 

6 (1) the marginal cost of each public safety net7 work attribute in developing, deploying, and oper8 ating the nationwide public safety interoperable 

9 broadband network to be established under this title; 

10 (2) the benefit of each public safety network at11 tribute to the nationwide public safety interoperable 

12 broadband network; 

13 (3) the economic feasibility of requiring that 

14 each public safety attribute be required as part of 

15 the nationwide public safety interoperable broadband 

16 network; 

17 (4) the resulting competitive vendor supply eco18 system created by each public safety attribute that 

19 is a part of the nationwide public safety interoper20 able broadband network; and 

21 (5) the level of variability in regional require22 ments for each public safety attribute that is a part 

23 of the nationwide public safety interoperable 

24 broadband network. 


sroberts on DSK5SPTVN1PROD with BILLS
42 

•HR 2482 IH

1 (d) PROVISION OF FRAMEWORK TO THE CORPORA2 TION.—The evaluation framework required to be devel3 oped under subsection (a) shall be provided to the Board 

4 of Directors of the Corporation, and the Corporation shall 

5 utilize the findings of such framework to develop a cost6 benefit analysis to inform the building, deployment, and 

7 operation of the nationwide public safety interoperable 

8 broadband network to be established under this title. 

9 (e) OMB RESPONSIBILITY.—The Director of the Of10 fice of Management and Budget, or his designee, as a 

11 member of the Board of Directors of the Corporation, 

12 shall have the responsibility to ensure that evaluation 

13 framework required to be developed under subsection (a) 

14 is appropriately utilized by the Corporation. 

15 SEC. 213. PROHIBITION ON DIRECT OFFERING OF COMMER16 CIAL TELECOMMUNICATIONS SERVICE DI17 RECTLY TO CONSUMERS. 

18 (a) IN GENERAL.—The Corporation shall not offer, 

19 provide, or market commercial telecommunications or in20 formation services directly to consumers. 

21 (b) RULE OF CONSTRUCTION.—Nothing in this sec22 tion shall be construed to prohibit the Corporation and 

23 a secondary user from entering into a covered leasing 

24 agreement pursuant to section 208(a)(2)(B). Nothing in 

25 this section shall be construed to limit the Corporation 


sroberts on DSK5SPTVN1PROD with BILLS
43 

•HR 2482 IH

1 from collecting lease fees related to network equipment 

2 and infrastructure pursuant to section 208(a)(3). 

3 SEC. 214. PROVISION OF TECHNICAL ASSISTANCE. 

4 The Commission may provide technical assistance to 

5 the Corporation and may take any action necessary to as6 sist the Corporation in effectuating its duties and respon7 sibilities under this subtitle. 

8 Subtitle B—Public Safety 

9 Commitments 

10 SEC. 221. STATE AND LOCAL IMPLEMENTATION FUND. 

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

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

13 ‘‘State and Local Implementation Fund’’. 

14 (b) PURPOSE.—The Assistant Secretary shall estab15 lish and administer the grant program under section 222 

16 using the funds deposited in the State and Local Imple17 mentation Fund. 

18 (c) CREDITING OF RECEIPTS.—There shall be depos19 ited into or credited to the State and Local Implementa20 tion Fund— 

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

22 (2) any amounts borrowed by the Assistant 

23 Secretary under subsection (d). 

24 (d) BORROWING AUTHORITY.— 


sroberts on DSK5SPTVN1PROD with BILLS
44 

•HR 2482 IH

1 (1) IN GENERAL.—The Assistant Secretary 

2 may borrow from the general fund of the Treasury 

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

4 necessary, but not to exceed $250,000,000, to imple5 ment section 222. 

6 (2) REIMBURSEMENT.—The Assistant Sec7 retary shall reimburse the general fund of the Treas8 ury, without interest, for any amounts borrowed 

9 under subparagraph (A) as funds are deposited into 

10 the State and Local Implementation Fund. 

11 SEC. 222. STATE AND LOCAL IMPLEMENTATION. 

12 (a) ESTABLISHMENT OF STATE AND LOCAL IMPLE13 MENTATION GRANT PROGRAM.—The Assistant Secretary, 

14 in consultation with the Corporation, shall take such ac15 tion as is necessary to establish a grant program to make 

16 grants to States to assist State, regional, tribal, and local 

17 jurisdictions to identify, plan, and implement the most ef18 ficient and effective way for such jurisdictions to utilize 

19 and integrate the infrastructure, equipment, and other ar20 chitecture associated with the nationwide public safety 

21 interoperable broadband network established under sub22 title A to satisfy the wireless communications and data 

23 services needs of that jurisdiction, including with regards 

24 to coverage, siting, and other needs. 

25 (b) MATCHING REQUIREMENTS; FEDERAL SHARE.— 


sroberts on DSK5SPTVN1PROD with BILLS
45 

•HR 2482 IH

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

2 cost of any activity carried out using a grant under 

3 this section may not exceed 80 percent of the eligible 

4 costs of carrying out that activity, as determined by 

5 the Assistant Secretary, in consultation with the 

6 Corporation. 

7 (2) WAIVER.—The Assistant Secretary may 

8 waive, in whole or in part, the requirements of para9 graph (1) for good cause shown if the Assistant Sec10 retary determines that such a waiver is in the public 

11 interest. 

12 (c) PROGRAMMATIC REQUIREMENTS.—Not later than 

13 6 months after the establishment of the bylaws of the Cor14 poration pursuant to section 206, the Assistant Secretary, 

15 in consultation with the Corporation, shall establish re16 quirements relating to the grant program to be carried 

17 out under this section, including the following: 

18 (1) Defining eligible costs for purposes of sub19 section (b)(1). 

20 (2) Determining the scope of eligible activities 

21 for grant funding under this section. 

22 (3) Prioritizing grants for activities that ensure 

23 coverage in rural as well as urban areas. 

24 (d) CERTIFICATION AND DESIGNATION OF OFFICER

25 OR GOVERNMENTAL BODY.—In carrying out the grant 


sroberts on DSK5SPTVN1PROD with BILLS
46 

•HR 2482 IH

1 program established under this section, the Assistant Sec2 retary shall require each State to certify in its application 

3 for grant funds that the State has designated a single offi4 cer or governmental body to serve as the coordinator of 

5 implementation of the grant funds. 

6 SEC. 223. PUBLIC SAFETY WIRELESS COMMUNICATIONS RE7 SEARCH AND DEVELOPMENT. 

8 (a) NIST DIRECTED RESEARCH AND DEVELOPMENT

9 PROGRAM.—From amounts made available from the Pub10 lic Safety Trust Fund established under section 401, the 

11 Director of NIST, in consultation with the Commission, 

12 the Secretary of Homeland Security, and the National In13 stitute of Justice of the Department of Justice, as appro14 priate, shall conduct research and assist with the develop15 ment of standards, technologies, and applications to ad16 vance wireless public safety communications. 

17 (b) REQUIRED ACTIVITIES.—In carrying out the re18 quirement under subsection (a), the Director of NIST, in 

19 consultation with the Corporation and the public safety 

20 advisory committee established under section 204(b)(1), 

21 shall— 

22 (1) document public safety wireless communica23 tions technical requirements; 

24 (2) accelerate the development of the capability 

25 for communications between currently deployed pubVerDate Mar 15 2010 20:32 Jul 12, 2011 Jkt 099200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H2482.IH H2482

sroberts on DSK5SPTVN1PROD with BILLS
47 

•HR 2482 IH

1 lic safety narrowband systems and the nationwide 

2 public safety interoperable broadband network to be 

3 established under this title; 

4 (3) establish a research plan, and direct re5 search, that addresses the wireless communications 

6 needs of public safety entities beyond what can be 

7 provided by the current generation of broadband 

8 technology; 

9 (4) accelerate the development of mission crit10 ical voice, including device-to-device ‘‘talkaround’’ 

11 capability over broadband networks, public safety 

12 prioritization, authentication capabilities, and stand13 ard application programing interfaces for the nation14 wide public safety interoperable broadband network 

15 to be established under this title, if necessary and 

16 practical; 

17 (5) accelerate the development of communica18 tions technology and equipment that can facilitate 

19 the eventual migration of public safety narrowband 

20 communications to the nationwide public safety 

21 interoperable broadband network to be established 

22 under this title; and 

23 (6) convene working groups of relevant govern24 ment and commercial parties to achieve the require25 ments in paragraphs (1) through (5). 


sroberts on DSK5SPTVN1PROD with BILLS
48 

•HR 2482 IH

1 SEC. 224. ADVANCED INFORMATION AND COMMUNICA2 TIONS TECHNOLOGY RESEARCH. 

3 (a) ADVANCED COMMUNICATIONS SERVICES FOR

4 ALL AMERICANS.—The Director of NIST shall continue 

5 to support research and support standards development 

6 in advanced information and communications technologies 

7 focused on enhancing or facilitating the availability and 

8 affordability of advanced communications services to all 

9 Americans, in order to implement the Institute’s respon10 sibilities under section 2(c)(12) of the National Institute 

11 of Standards and Technology Act (15 U.S.C. 272(c)(12)). 

12 The Director of NIST shall support intramural research 

13 and cooperative research with institutions of higher edu14 cation (as defined in section 101(a) of the Higher Edu15 cation Act of 1965 (20 U.S.C. 1001(a))) and industry. 

16 (b) DARPA RESEARCH.— 

17 (1) IN GENERAL.—From amounts made avail18 able from the Public Safety Trust Fund established 

19 under section 401, the Defense Advanced Research 

20 Projects Agency (referred to in this subsection as 

21 ‘‘DARPA’’) shall conduct wireless communications 

22 research to develop more secure, reliable, and flexi23 ble radio-frequency systems for Federal wireless 

24 users. Areas of research to be supported by this sub25 section include, but are not limited to— 


sroberts on DSK5SPTVN1PROD with BILLS
49 

•HR 2482 IH

1 (A) technologies to increase wireless data 

2 transmission speeds to enable the next genera3 tion of Federal networks; 

4 (B) spectrum sharing and interference 

5 mitigation techniques to enable more efficient 

6 uses of wireless spectrum; 

7 (C) technologies to allow and foster the re8 allocation of spectrum, if appropriate, for non9 Federal use; and 

10 (D) research that fosters the conversion of 

11 the Department of Defense’s wireless commu12 nications systems, and those of other Federal 

13 users, to more advanced or more efficient sys14 tems. 

15 (2) COOPERATION.—In carrying out this sub16 section, DARPA shall collaborate where appropriate 

17 with NTIA, NIST, NSF, and other interested Fed18 eral agencies. 

19 (3) LIMITATION ON USE.—Not more than 5 

20 percent of any amounts made available in a fiscal 

21 year from the Public Safety Trust Fund established 

22 under section 401 may be used by DARPA to cover 

23 the administrative expenses incurred in carrying out 

24 this subsection. 


sroberts on DSK5SPTVN1PROD with BILLS
50 

•HR 2482 IH

1 (4) OMB REVIEW.—Amounts appropriated to 

2 DARPA under this subsection shall be available 

3 upon approval by the Director of the Office of Man4 agement and Budget of an implementation plan that 

5 has been developed and submitted to the Director by 

6 the head of DARPA. 

7 TITLE III—SPECTRUM AUCTION 

8 AUTHORITY 

9 SEC. 301. EXTENSION OF AUCTION AUTHORITY. 

10 Section 309(j)(11) of the Communications Act of 

11 1934 (47 U.S.C. 309(j)(11)) is amended by striking 

12 ‘‘2012’’ and inserting ‘‘2021’’. 

13 SEC. 302. AUCTION OF SPECTRUM. 

14 (a) IDENTIFICATION OF SPECTRUM.—Not later than 

15 1 year after the date of enactment of this Act, the Assist16 ant Secretary shall identify and make available for imme17 diate reallocation, at a minimum, 15 megahertz of contig18 uous spectrum at frequencies located between 1675 mega19 hertz and 1710 megahertz, inclusive, minus the geo20 graphic exclusion zones, or any amendment thereof, identi21 fied in NTIA’s October 2010 report entitled ‘‘An Assess22 ment of Near-Term Viability of Accommodating Wireless 

23 Broadband Systems in 1675–1710 MHz, 1755–1780 

24 MHz, 3500–3650 MHz, and 4200–4220 MHz, 4380– 

25 4400 MHz Bands’’. 


sroberts on DSK5SPTVN1PROD with BILLS
51 

•HR 2482 IH

1 (b) AUCTION.—Not later than January 31, 2014, the 

2 Commission shall conduct the auctions of the following li3 censes, by commencing the bidding for: 

4 (1) The spectrum between the frequencies of 

5 1915 megahertz and 1920 megahertz, inclusive. 

6 (2) The spectrum between the frequencies of 

7 1995 megahertz and 2000 megahertz, inclusive. 

8 (3) The spectrum between the frequencies of 

9 2020 megahertz and 2025 megahertz, inclusive. 

10 (4) The spectrum between the frequencies of 

11 2155 megahertz and 2175 megahertz, inclusive. 

12 (5) The spectrum between the frequencies of 

13 2175 megahertz and 2180 megahertz, inclusive. 

14 (6) The spectrum between the frequencies of 

15 1755 megahertz and 1850 megahertz, inclusive. 

16 (7) The spectrum identified pursuant to sub17 section (a). 

18 (c) AUCTION ORGANIZATION.—The Commission may, 

19 if technically feasible and consistent with the public inter20 est, combine the spectrum identified in paragraphs (4), 

21 (5), and the portion of paragraph (6) between the fre22 quencies of 1755 megahertz and 1780 megahertz, inclu23 sive, of subsection (b) in an auction of licenses for paired 

24 spectrum blocks. 


sroberts on DSK5SPTVN1PROD with BILLS
52 

•HR 2482 IH

1 (d) FURTHER REALLOCATION OF CERTAIN OTHER

2 SPECTRUM.— 

3 (1) COVERED SPECTRUM.—For purposes of this 

4 subsection, the term ‘‘covered spectrum’’ means the 

5 portion of the electromagnetic spectrum between the 

6 frequencies of 3550 to 3650 megahertz, inclusive, 

7 minus the geographic exclusion zones, or any amend8 ment thereof, identified in NTIA’s October 2010 re9 port entitled ‘‘An Assessment of Near-Term Viabil10 ity of Accommodating Wireless Broadband Systems 

11 in 1675–1710 MHz, 1755–1780 MHz, 3550–3650 

12 MHz, and 4200–4220 MHz, 4380–4400 MHz 

13 Bands’’. 

14 (2) IN GENERAL.—Consistent with require15 ments of section 309(j) of the Communications Act 

16 of 1934, the Commission shall reallocate covered 

17 spectrum for assignment by competitive bidding un18 less the President of the United States determines 

19 that— 

20 (A) such spectrum cannot be reallocated 

21 due to the need to protect incumbent Federal 

22 systems from interference; or 

23 (B) allocation of other spectrum— 

24 (i) better serves the public interest, 

25 convenience, and necessity; and 


sroberts on DSK5SPTVN1PROD with BILLS
53 

•HR 2482 IH

1 (ii) can reasonably be expected to 

2 produce receipts comparable to what the 

3 covered spectrum might auction for with4 out the geographic exclusion zones. 

5 (3) ACTIONS REQUIRED IF COVERED SPECTRUM

6 CANNOT BE REALLOCATED.— 

7 (A) IN GENERAL.—If the President makes 

8 a determination under paragraph (2) that the 

9 covered spectrum cannot be reallocated, then 

10 the President shall, within 1 year after the date 

11 of such determination— 

12 (i) identify alternative bands of fre13 quencies totaling more than 20 megahertz 

14 and no more than 100 megahertz of spec15 trum used primarily by Federal agencies 

16 that satisfy the requirements of clauses (i) 

17 and (ii) of paragraph (2)(B); 

18 (ii) report to the appropriate commit19 tees of Congress and the Commission an 

20 identification of such alternative spectrum 

21 for assignment by competitive bidding; and 

22 (iii) make such alternative spectrum 

23 for assignment immediately available for 

24 reallocation. 


sroberts on DSK5SPTVN1PROD with BILLS
54 

•HR 2482 IH

1 (B) AUCTION.—If the President makes a 

2 determination under paragraph (2) that the 

3 covered spectrum cannot be reallocated, the 

4 Commission shall commence the bidding of the 

5 alternative spectrum identified pursuant to sub6 paragraph (A) within 3 years of the date of en7 actment of this Act. 

8 (4) ACTIONS REQUIRED IF COVERED SPECTRUM

9 CAN BE REALLOCATED.—If the President does not 

10 make a determination under paragraph (1) that the 

11 covered spectrum cannot be reallocated, the Commis12 sion shall commence the competitive bidding for the 

13 covered spectrum within 3 years of the date of en14 actment of this Act. 

15 (e) PROCEEDS.—Notwithstanding section 

16 309(j)(8)(A) of the Communications Act of 1934, and ex17 cept as provided in subparagraphs (B), (C), and (D) of 

18 such section 309(j)(8), all proceeds (including deposits 

19 and up front payments from successful bidders) from the 

20 auctions to be carried out pursuant to subsections (b) and 

21 (d) shall be deposited with the Public Safety Trust Fund 

22 established under section 401. 

23 (f) AMENDMENTS TO DESIGN REQUIREMENTS RE24 LATED TO COMPETITIVE BIDDING.—Section 309(j) of the 


sroberts on DSK5SPTVN1PROD with BILLS
55 

•HR 2482 IH

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

2 amended— 

3 (1) in paragraph (3)— 

4 (A) in subparagraph (E)(ii), by striking ‘‘; 

5 and’’ and inserting a semicolon; 

6 (B) in subparagraph (F), by striking the 

7 period at the end and inserting a semicolon; 

8 and 

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

10 ‘‘(G) ensuring that there is an adequate 

11 opportunity for applicants to obtain licenses 

12 covering both large and small geographic areas, 

13 as such areas are determined by the Commis14 sion.’’; and 

15 (2) by amending clause (i) of the second sen16 tence of paragraph (8)(C) to read as follows: 

17 ‘‘(i) the deposits— 

18 ‘‘(I) of successful bidders of any 

19 auction conducted pursuant to sub20 paragraph (F) or to section 302 of 

21 the Public Safety Spectrum and Wire22 less Innovation Act shall be paid to 

23 the Public Safety Trust Fund estab24 lished under section 401 of such Act; 

25 and 


sroberts on DSK5SPTVN1PROD with BILLS
56 

•HR 2482 IH

1 ‘‘(II) of successful bidders of any 

2 other auction shall be paid to the 

3 Treasury;’’. 

4 SEC. 303. INCENTIVE AUCTION AUTHORITY. 

5 (a) IN GENERAL.—Paragraph (8) of section 309(j) 

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

7 is amended— 

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

9 and (E),’’ and inserting ‘‘(B), (D), (E), and (F),’’; 

10 and 

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

12 ‘‘(F) INCENTIVE AUCTION AUTHORITY.— 

13 ‘‘(i) AUTHORITY.—Notwithstanding 

14 any other provision of law, if the Commis15 sion determines that it is consistent with 

16 the public interest in utilization of the 

17 spectrum for a licensee to relinquish volun18 tarily some or all of its licensed spectrum 

19 usage rights in order to permit the assign20 ment of new initial licenses through a com21 petitive bidding process subject to new 

22 service rules, or the designation of new 

23 spectrum for unlicensed use, the Commis24 sion may disburse to that licensee a por25 tion of any auction proceeds that the ComVerDate Mar 15 2010 20:32 Jul 12, 2011 Jkt 099200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H2482.IH H2482

sroberts on DSK5SPTVN1PROD with BILLS
57 

•HR 2482 IH

1 mission determines, in its discretion, are 

2 attributable to the licensee’s relinquished 

3 spectrum usage rights, provided that tele4 vision broadcast stations required to be 

5 carried pursuant to sections 338, 614, or 

6 615 that voluntarily elect to share a chan7 nel shall retain the rights to carriage set 

8 forth in such sections and the rules of the 

9 Commission, as such rights apply to such 

10 station at its shared location. 

11 ‘‘(ii) LIMITATION.—The Commission 

12 may not conduct more than one incentive 

13 auction of frequencies licensed to television 

14 stations pursuant to the provisions of sec15 tion 303 of this Act. 

16 ‘‘(iii) PROHIBITION.— 

17 ‘‘(I) IN GENERAL.—The Commis18 sion may not reclaim spectrum li19 censed on a primary basis to a tele20 vision broadcast station, directly or in21 directly, on an involuntary basis for 

22 purposes of providing spectrum to 

23 carry out an incentive auction under 

24 this subparagraph. 


sroberts on DSK5SPTVN1PROD with BILLS
58 

•HR 2482 IH

1 ‘‘(II) MODIFICATION OR REVOCA2 TION.—Notwithstanding the provi3 sions in sections 303 and 304, the 

4 Commission shall have no authority to 

5 modify or revoke a license or take any 

6 action if the effect of such modifica7 tion, revocation, or other action is to 

8 compel a licensee to participate in an 

9 incentive auction as authorized in this 

10 section or otherwise make frequencies 

11 available for such an auction. 

12 ‘‘(III) REPACKING PERMITTED.— 

13 The Commission may reassign the fre14 quency which a television broadcast 

15 station licensee is permitted to utilize, 

16 or a portion thereof in accordance 

17 with the provisions of this section, 

18 only if such reassignment— 

19 ‘‘(aa) consists of a 6 MHz 

20 channel, located between chan21 nels 14 and 50, inclusive, in the 

22 same geographic market and with 

23 the same city of license, to each 

24 such licensee, and 


sroberts on DSK5SPTVN1PROD with BILLS
59 

•HR 2482 IH

1 ‘‘(bb) preserves such licens2 ee’s— 

3 ‘‘(AA) signal power 

4 level; 

5 ‘‘(BB) tower height or 

6 transmission architecture; 

7 and 

8 ‘‘(CC) interference lev9 els with respect to such li10 censee’s signal. 

11 ‘‘(IV) LOW-POWER TELE12 VISION.— 

13 ‘‘(aa) IN GENERAL.—The 

14 Commission may not reclaim 

15 spectrum licensed to a low-power 

16 television licensee, directly or in17 directly, on an involuntary basis, 

18 unless the Commission finds the 

19 low-power television licensee a re20 placement channel with similar 

21 population coverage in the UHF 

22 television band of frequencies. 

23 ‘‘(bb) EXCEPTION.—If the 

24 Commission or the licensee can25 not locate a suitable channel 


sroberts on DSK5SPTVN1PROD with BILLS
60 

•HR 2482 IH

1 within the UHF band, after an 

2 explanation to the licensee show3 ing the basis for the determina4 tion that no channel is available, 

5 the Commission shall— 

6 ‘‘(AA) collocate mul7 tiple low-power television li8 censees in a channel in the 

9 UHF band, by using chan10 nel sharing, with each li11 censee assigned half of the 

12 total bandwidth; or 

13 ‘‘(BB) if no space ex14 ists for collocation of low15 power television licensees in 

16 the UHF band as described 

17 in item (aa), assign a low18 power television licensee a 

19 full channel between chan20 nels seven and 13, inclusive, 

21 in the VHF band. 

22 ‘‘(V) PROHIBITION.—The Com23 mission may not require any television 

24 station licensee involuntarily to collo25 cate its facilities with the facilities of 


sroberts on DSK5SPTVN1PROD with BILLS
61 

•HR 2482 IH

1 any other television broadcast station 

2 licensee in order to transmit on the 

3 same frequency. 

4 ‘‘(VI) COLLOCATION PER5 MITTED.—Notwithstanding the re6 quirement of subclause (III)(aa) that 

7 a frequency reassignment must con8 sist of a 6 MHz channel, in any given 

9 market any 2 television broadcast sta10 tion licensees shall be permitted to 

11 collocate their facilities in order to 

12 transmit on the same frequency. 

13 ‘‘(VII) TREATMENT OF TRANS14 MISSION FROM COLLOCATED FACILI15 TIES.—The transmission of any tele16 vision broadcast stations voluntarily 

17 electing to share a 6 MHz channel 

18 shall each be treated as a ‘primary 

19 channel’ for purposes of the Commis20 sion’s regulations implementing sec21 tions 338, 614, and 615 as in effect 

22 on the date of enactment of this sub23 clause. 

24 ‘‘(VIII) REIMBURSEMENT OF

25 COSTS.—Any licensee that is affected, 


sroberts on DSK5SPTVN1PROD with BILLS
62 

•HR 2482 IH

1 directly or indirectly, by the Commis2 sion reassigning a licensee to a dif3 ferent channel shall be reimbursed for 

4 the costs resulting from such reas5 signment, including— 

6 ‘‘(aa) those associated with 

7 the modification or replacement 

8 of broadcast signal transmission 

9 facilities and equipment, includ10 ing the cost of temporary facili11 ties; 

12 ‘‘(bb) those associated with 

13 the construction, replacement, or 

14 relocation of a broadcast trans15 mission tower, to the extent that 

16 those costs are related either to 

17 the reassignment to a different 

18 channel that a licensee is author19 ized to utilize, or to mitigate in20 terference resulting from the re21 assignment of another licensee; 

22 ‘‘(cc) those associated with 

23 the upgrade, replacement, or re24 location of translator or booster 


sroberts on DSK5SPTVN1PROD with BILLS
63 

•HR 2482 IH

1 stations affiliated with the rel2 evant full-power licensee; 

3 ‘‘(dd) those associated with 

4 consumer education efforts con5 cerning the effect of a Commis6 sion reassignment of channels in 

7 a designated market area; and 

8 ‘‘(ee) any other costs di9 rectly or indirectly resulting from 

10 the reassignment of channels in a 

11 designated market area. 

12 ‘‘(IX) UNLICENSED SPEC13 TRUM.—With respect to frequency 

14 bands between 54 and 72 MHz, 76 

15 and 88 MHz, 174 and 216 MHz, 470 

16 and 698 MHz, 84 MHz shall be as17 signed via a competitive bidding proc18 ess. A portion of the proceeds from 

19 the competitive bidding of the fre20 quency bands identified in the prior 

21 sentence may, if consistent with the 

22 public interest, be disbursed to other 

23 licensees, for the purpose of ensuring 

24 that unlicensed spectrum remains 


sroberts on DSK5SPTVN1PROD with BILLS
64 

•HR 2482 IH

1 available in these frequency bands, 

2 nationwide, and in each local market. 

3 ‘‘(iv) TREATMENT OF REVENUES.— 

4 Notwithstanding subparagraph (A), and 

5 except as provided in subparagraphs (B), 

6 (C), and (D), all proceeds (including de7 posits and up front payments from suc8 cessful bidders) from the auction of spec9 trum under this subparagraph shall be de10 posited with the Public Safety Trust Fund 

11 established under section 401 of the Public 

12 Safety Spectrum and Wireless Innovation 

13 Act. 

14 ‘‘(G) ESTABLISHMENT OF INCENTIVE AUC15 TION RELOCATION FUND.— 

16 ‘‘(i) IN GENERAL.—There is estab17 lished in the Treasury of the United States 

18 a fund to be known as the ‘Incentive Auc19 tion Relocation Fund’. 

20 ‘‘(ii) ADMINISTRATION.—The Assist21 ant Secretary shall administer the Incen22 tive Auction Relocation Fund using the 

23 amounts deposited pursuant to this sec24 tion. 


sroberts on DSK5SPTVN1PROD with BILLS
65 

•HR 2482 IH

1 ‘‘(iii) CREDITING OF RECEIPTS.— 

2 There shall be deposited into or credited to 

3 the Incentive Auction Relocation Fund any 

4 amounts specified in section 401 of the 

5 Public Safety Spectrum and Wireless Inno6 vation Act. 

7 ‘‘(iv) AVAILABILITY.—Amounts in the 

8 Incentive Auction Relocation Fund shall be 

9 available to the NTIA for use— 

10 ‘‘(I) for a period not to exceed 18 

11 months following the later of— 

12 ‘‘(aa) the completion of in13 centive auction from which such 

14 amounts were derived; or 

15 ‘‘(bb) the date on which the 

16 Commission issues all the new 

17 channel assignments pursuant to 

18 any repacking required under 

19 subparagraph (F)(iii)(III); and 

20 ‘‘(II) without further appropria21 tion. 

22 ‘‘(v) USE OF FUNDS.—Amounts in the 

23 Incentive Auction Relocation Fund may 

24 only be used by the NTIA, in consultation 

25 with the Commission, to cover— 


sroberts on DSK5SPTVN1PROD with BILLS
66 

•HR 2482 IH

1 ‘‘(I) the costs identified in sub2 paragraph (F)(iii)(VIII); and 

3 ‘‘(II) the costs incurred by multi4 channel video programming distribu5 tors for new equipment, installation, 

6 and construction related to the car7 riage of such relocated stations or the 

8 carriage of stations that voluntarily 

9 elect to share a channel, but retain 

10 their existing rights to carriage pursu11 ant to sections 338, 614, and 615.’’. 

12 (b) INCENTIVE AUCTIONS TO REPURPOSE CERTAIN

13 MOBILE SATELLITE SERVICES SPECTRUM FOR TERRES14 TRIAL BROADBAND USE.—To the extent that the Com15 mission makes available spectrum licenses on some or all 

16 of the frequencies between 2000 and 2020 MHz and 2180 

17 and 2200 MHz for terrestrial broadband use, such licenses 

18 shall be assigned pursuant to the authority provided in 

19 section 309(j)(8) of the Communications Act of 1934 (47 

20 U.S.C. 309(j)(8)), including, as appropriate, subpara21 graph (F) of such section. 

22 (c) SENSE OF CONGRESS.—It is the sense of Con23 gress that any spectrum identified for auction under this 

24 section should be licensed— 


sroberts on DSK5SPTVN1PROD with BILLS
67 

•HR 2482 IH

1 (1) on a flexible use basis to the extent techno2 logically feasible; and 

3 (2) consistent with the public interest, conven4 ience, and necessity. 

5 SEC. 304. EFFICIENT USE OF PUBLIC SAFETY SPECTRUM. 

6 (a) STUDY AND REPORT.—Not later than 180 days 

7 after the date of enactment of this Act and not later than 

8 every 2 years thereafter, the Commission shall conduct a 

9 study and submit a report to the appropriate committees 

10 of Congress and to the Corporation on the spectrum used 

11 by public safety licensees or for public safety services pur12 suant to section 337(f) of the Communications Act of 

13 1934 (47 U.S.C. 337). 

14 (b) REQUIREMENTS.—The report required under 

15 subsection (a) shall— 

16 (1) inventory the spectrum assigned to public 

17 safety use; and 

18 (2) include— 

19 (A) the amount of spectrum allocated to 

20 public safety use; 

21 (B) the number of licensees and amount of 

22 spectrum assigned to each licensee; 

23 (C) a general description of technologies 

24 and systems in each band; 


sroberts on DSK5SPTVN1PROD with BILLS
68 

•HR 2482 IH

1 (D) an approximation of network coverage, 

2 as appropriate, of major systems (such as an 

3 estimation of land mobile radio coverage by 

4 population) in major metropolitan areas; and 

5 (E) an approximate number of users of 

6 major systems, such as the number of first re7 sponders using land mobile radio, in major 

8 metro areas; 

9 (3) assess if spectrum is adequate to meet the 

10 current and future needs for public safety services; 

11 and 

12 (4) assess the opportunity for return of any ad13 ditional spectrum to the Commission for realloca14 tion. 

15 SEC. 305. REPORT ON SATELLITE BROADBAND. 

16 Not later than 2 years after the date of enactment 

17 of this Act, the Comptroller General of the United States 

18 shall conduct a study and submit to the appropriate com19 mittees of Congress a report on the current and future 

20 capabilities of fixed and mobile satellite broadband to as21 sist public safety entities during an emergency. 

22 SEC. 306. FEDERAL INFRASTRUCTURE SHARING. 

23 The Administrator of General Services shall establish 

24 rules to allow public safety entities licensed or otherwise 

25 permitted to use spectrum allocated to the Public Safety 


sroberts on DSK5SPTVN1PROD with BILLS
69 

•HR 2482 IH

1 Broadband Corporation to have access to those compo2 nents of Federal infrastructure appropriate for the con3 struction and maintenance of the nationwide public safety 

4 interoperable broadband network to be established under 

5 title II. 

6 SEC. 307. REPORT ON UNLICENSED SPECTRUM. 

7 Not later than 5 years after the date of enactment 

8 of this Act, the Commission shall submit to the appro9 priate committees of Congress a report on— 

10 (1) the status of development of any spectrum 

11 designated as unlicensed spectrum by the Commis12 sion under this Act; and 

13 (2) the use of any unlicensed spectrum de14 scribed in paragraph (1). 

15 TITLE IV—PUBLIC SAFETY 

16 TRUST FUND 

17 SEC. 401. PUBLIC SAFETY TRUST FUND. 

18 (a) ESTABLISHMENT OF PUBLIC SAFETY TRUST

19 FUND.— 

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

21 Treasury of the United States a trust fund to be 

22 known as the ‘‘Public Safety Trust Fund’’. 

23 (2) CREDITING OF RECEIPTS.— 

24 (A) IN GENERAL.—There shall be depos25 ited into or credited to the Public Safety Trust 


sroberts on DSK5SPTVN1PROD with BILLS
70 

•HR 2482 IH

1 Fund the proceeds from the auction of spec2 trum carried out pursuant to— 

3 (i) section 302 of this Act; and 

4 (ii) section 309(j)(8)(F) of the Com5 munications Act of 1934, as added by sec6 tion 303 of this Act. 

7 (B) AVAILABILITY.—Amounts deposited 

8 into or credited to the Public Safety Trust 

9 Fund in accordance with subparagraph (A) 

10 shall remain available until the end of fiscal 

11 year 2021. Upon the expiration of the period 

12 described in the prior sentence such amounts 

13 shall be deposited in the General Fund of the 

14 Treasury, where such amounts shall be dedi15 cated for the sole purpose of deficit reduction. 

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

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

18 (1) PAYMENT OF AUCTION INCENTIVE.— 

19 (A) REQUIRED DISBURSALS.—Amounts in 

20 the Public Safety Trust Fund shall be used to 

21 make any required disbursal of payments to li22 censees required pursuant to— 

23 (i) clause (i) and subclause (VIII) of 

24 clause (iii) of section 309(j)(8)(F) of the 

25 Communications Act of 1934; and 


sroberts on DSK5SPTVN1PROD with BILLS
71 

•HR 2482 IH

1 (ii) section 303(b) of this Act. 

2 (B) NOTIFICATION TO CONGRESS.— 

3 (i) IN GENERAL.—At least 3 months 

4 in advance of any incentive auction con5 ducted pursuant to subparagraph (F) of 

6 section 309(j)(8) of the Communications 

7 Act of 1934, the Chairman of the Commis8 sion, in consultation with the Director of 

9 the Office of Management and Budget, 

10 shall notify the appropriate committees of 

11 Congress— 

12 (I) of the methodology for calcu13 lating the disbursal of payments to 

14 certain licensees required pursuant to 

15 clause (i) and subclause (VIII) of 

16 clause (iii) of such subparagraph; and 

17 (II) that such methodology con18 siders the value of the spectrum vol19 untarily relinquished in its current use 

20 and the timeliness with which the li21 censee will clear its use of such spec22 trum. 

23 (ii) DEFINITION.—In this clause, the 

24 term ‘‘appropriate committees of Con25 gress’’ means— 


sroberts on DSK5SPTVN1PROD with BILLS
72 

•HR 2482 IH

1 (I) the Committee on Commerce, 

2 Science, and Transportation of the 

3 Senate; 

4 (II) the Committee on Appropria5 tions of the Senate; 

6 (III) the Committee on Energy 

7 and Commerce of the House of Rep8 resentatives; and 

9 (IV) the Committee on Appro10 priations of the House of Representa11 tives. 

12 (2) INCENTIVE AUCTION RELOCATION FUND.— 

13 Not less than 5 percent of the amounts in the Public 

14 Safety Trust Fund but not more than 

15 $1,500,000,000 shall be deposited in the Incentive 

16 Auction Relocation Fund established under section 

17 309(j)(8)(G) of the Communications Act of 1934. 

18 (3) STATE AND LOCAL IMPLEMENTATION

19 FUND.—$250,000,000 shall be deposited in the 

20 State and Local Implementation Fund established 

21 under section 221. 

22 (4) PUBLIC SAFETY BROADBAND CORPORA23 TION.—$11,750,000,000 shall deposited with the 

24 Public Safety Broadband Corporation established 

25 under section 202, of which pursuant to its responVerDate Mar 15 2010 20:32 Jul 12, 2011 Jkt 099200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H2482.IH H2482

sroberts on DSK5SPTVN1PROD with BILLS
73 

•HR 2482 IH

1 sibilities and duties set forth under section 206 to 

2 deploy and operate a nationwide public safety inter3 operable broadband network— 

4 (A) not less than $10,500,000,000 shall be 

5 made available for any Radio Access Network 

6 build out; and 

7 (B) not less than $1,250,000,000 shall be 

8 made available to develop an Evolved Packet 

9 Core. 

10 (5) PUBLIC SAFETY RESEARCH AND DEVELOP11 MENT.—$100,000,000 per year for each of the fiscal 

12 years 2012 through 2016 shall be made available for 

13 use by the Director of NIST to carry out the re14 search program established under section 223. 

15 (6) ADVANCED INFORMATION AND TECH16 NOLOGY RESEARCH.—$70,000,000 per year for each 

17 of the fiscal years 2012 through 2016 shall be made 

18 available to carry out the research program estab19 lished under section 224(b). 

20 (7) DEFICIT REDUCTION.—Any amounts re21 maining after the deduction of the amounts required 

22 under paragraphs (1) through (6) shall be deposited 

23 in the General Fund of the Treasury, where such 

24 amounts shall be dedicated for the sole purpose of 

25 deficit reduction. 


sroberts on DSK5SPTVN1PROD with BILLS
74 

•HR 2482 IH

1 (c) INVESTMENT.—Amounts in the Public Safety 

2 Trust Fund shall be invested in accordance with section 

3 9702 of title 31, United States Code, and any interest on, 

4 and proceeds from, any such investment shall be credited 

5 to, and become a part of, the Fund. 

6 TITLE V—SPECTRUM POLICY 

7 Subtitle A—Inventory and 

8 Planning 

9 SEC. 501. RADIO SPECTRUM INVENTORY. 

10 (a) SPECTRUM INVENTORY.—Part I of title III of the 

11 Communications Act of 1934 (47 U.S.C. 301 et seq.) is 

12 amended by adding at the end the following: 

13 ‘‘SEC. 342. SPECTRUM INVENTORY. 

14 ‘‘(a) RADIO SPECTRUM INVENTORY.—Not later than 

15 180 days after the date of enactment of the Public Safety 

16 Spectrum and Wireless Innovation Act, and biennially 

17 thereafter, the Commission, in consultation with the NTIA 

18 and the Office of Science and Technology Policy, shall 

19 carry out the following activities: 

20 ‘‘(1) REPORT.—Prepare a report that includes 

21 an inventory of each radio spectrum band, from 300 

22 MHz to 3.5 GHz, at a minimum, managed by each 

23 such agency. Except as provided in subsection (b), 

24 the report shall include— 


sroberts on DSK5SPTVN1PROD with BILLS
75 

•HR 2482 IH

1 ‘‘(A) the licensee or government user au2 thorized in the band; 

3 ‘‘(B) the total spectrum authorized for 

4 each licensee or government user (in percentage 

5 terms and in sum) in the band; 

6 ‘‘(C) the approximate number of transmit7 ters, end-user terminals, or receivers, excluding 

8 unintended radiators, that have been deployed 

9 or authorized, for each licensee or government 

10 user, in the band; and 

11 ‘‘(D) if such information is available— 

12 ‘‘(i) the type of transmitters, end-user 

13 terminals, or receivers, excluding unin14 tended radiators, operating in the band 

15 and whether they are space-, air-, or 

16 ground-based; 

17 ‘‘(ii) the type of transmitters, end18 user terminals, or receivers, excluding un19 intended radiators, authorized to operate 

20 in the band and whether they are space-, 

21 air-, or ground-based; 

22 ‘‘(iii) contour maps or other informa23 tion that illustrate the coverage area, re24 ceiver performance, and other parameters 


sroberts on DSK5SPTVN1PROD with BILLS
76 

•HR 2482 IH

1 relevant to an assessment of the avail2 ability of spectrum in each band; 

3 ‘‘(iv) the approximate geolocation of 

4 base stations or fixed transmitters; 

5 ‘‘(v) the approximate extent of use, by 

6 geography, of each band of frequencies, 

7 such as the amount and percentage of time 

8 of use, number of end-users, or other 

9 measures as appropriate to the particular 

10 band; 

11 ‘‘(vi) the activities, capabilities, func12 tions, or missions supported by the trans13 mitters, end-user terminals, or receivers; 

14 and 

15 ‘‘(vii) the types of unlicensed devices 

16 authorized to operate in the band. 

17 ‘‘(2) PUBLIC ACCESS.—Create a centralized 

18 portal or website utilizing data from the Commission 

19 and the NTIA to make a centralized inventory of the 

20 bands of each agency available to the public via an 

21 Internet-accessible website. 

22 ‘‘(3) UPDATES.—Make all reasonable efforts to 

23 maintain and update the information required under 

24 paragraph (2) no less frequently than quarterly to 

25 reflect, at a minimum, any transfer or auction of liVerDate Mar 15 2010 20:32 Jul 12, 2011 Jkt 099200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H2482.IH H2482

sroberts on DSK5SPTVN1PROD with BILLS
77 

•HR 2482 IH

1 censes or change in allocation, assignment, or au2 thorization. 

3 ‘‘(4) FCC TO BEAR COSTS.—Notwithstanding 

4 any other provision of law, all costs incurred by the 

5 Commission and the NTIA in establishing and main6 taining the centralized inventory and the centralized 

7 portal or website shall be borne exclusively by the 

8 Commission. 

9 ‘‘(5) PAPERWORK REDUCTION ACT EXEMP10 TION.—Any forms prescribed by the Commission 

11 under this section, and any information-gathering 

12 activities of the Commission under this section, shall 

13 not be subject to the provisions of sections 3507 or 

14 3512 of title 44, United States Code (44 U.S.C. 

15 3507, 3512). 

16 ‘‘(b) NATIONAL SECURITY; CLASSIFIED INFORMA17 TION.— 

18 ‘‘(1) IN GENERAL.—If the head of a Federal 

19 agency determines that disclosure of information re20 quired by subsection (a) would be harmful to the na21 tional security of the United States, the agency 

22 shall— 

23 ‘‘(A) notify the NTIA of its determination; 

24 and 

25 ‘‘(B) provide to the NTIA— 


sroberts on DSK5SPTVN1PROD with BILLS
78 

•HR 2482 IH

1 ‘‘(i) the other publicly releasable infor2 mation required by subsection (a); 

3 ‘‘(ii) to the maximum extent prac4 ticable, a summary description of the infor5 mation with respect to which the deter6 mination was made; and 

7 ‘‘(iii) an annex containing the infor8 mation with respect to which the deter9 mination was made. 

10 ‘‘(2) CLASSIFIED INFORMATION.—If the head 

11 of a Federal agency determines that any information 

12 required by subsection (a) is classified in accordance 

13 with Executive Order 13526 of December 29, 2009, 

14 or any successor Executive Order establishing or 

15 modifying the uniform system for classifying, safe16 guarding, and declassifying national security infor17 mation, the agency shall— 

18 ‘‘(A) notify the NTIA of its determination; 

19 and 

20 ‘‘(B) provide to the NTIA— 

21 ‘‘(i) the information required by sub22 section (a)(1) that is not classified; 

23 ‘‘(ii) to the maximum extent prac24 ticable, a summary description of the infor25 mation that is classified; and 


sroberts on DSK5SPTVN1PROD with BILLS
79 

•HR 2482 IH

1 ‘‘(iii) an annex containing the infor2 mation that is classified. 

3 ‘‘(3) ANNEX RESTRICTION.—The NTIA shall 

4 make an annex described in paragraph (1)(B)(iii) or 

5 (2)(B)(iii) available to the Commission. Neither the 

6 NTIA nor the Commission may make any such 

7 annex available to the public pursuant to subsection 

8 (a)(2) or to any unauthorized person through any 

9 other means. 

10 ‘‘(c) PUBLIC SAFETY NONDISCLOSURE.— 

11 ‘‘(1) IN GENERAL.—If a licensee of non-Federal 

12 spectrum determines that public disclosure of certain 

13 information held by that licensee and required to be 

14 included in the report under subsection (a) would re15 veal information for which public disclosure would be 

16 detrimental to public safety, or that the licensee is 

17 otherwise prohibited by law from disclosing, the li18 censee may petition the Commission for a partial or 

19 total exemption from inclusion on the centralized 

20 portal or website under subsection (a)(2) and in the 

21 reports required under subsection (d). 

22 ‘‘(2) BURDEN.—A licensee seeking an exemp23 tion under this subsection bears the burden of justi24 fying the exemption and shall provide clear and con25 vincing evidence to support the requested exemption. 


sroberts on DSK5SPTVN1PROD with BILLS
80 

•HR 2482 IH

1 ‘‘(3) INFORMATION REQUIRED.—If the Com2 mission grants an exemption under this subsection, 

3 the licensee shall provide to the Commission— 

4 ‘‘(A) the publicly releasable information re5 quired by subsection (a)(1) for the inventory; 

6 ‘‘(B) to the maximum extent practicable, a 

7 summary description, suitable for public re8 lease, of the information for which public disclo9 sure would be detrimental to public safety or 

10 that the licensee is prohibited by law from dis11 closing; and 

12 ‘‘(C) an annex, under appropriate cover, 

13 containing the information that the Commission 

14 has determined should be withheld from public 

15 disclosure. 

16 ‘‘(d) INFORMING THE CONGRESS.— 

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (3), the NTIA and the Commission shall sub19 mit each report required by subsection (a)(1) to the 

20 appropriate committees of Congress. 

21 ‘‘(2) NONDISCLOSURE OF ANNEXES.—Each 

22 such report shall be submitted in unclassified form, 

23 but may include 1 or more annexes as provided for 

24 by subsections (b)(1)(B)(iii), (b)(2)(B)(iii), and 

25 (c)(3)(C). No Congressional committee may make 


sroberts on DSK5SPTVN1PROD with BILLS
81 

•HR 2482 IH

1 any such annex available to the public or to any un2 authorized person. 

3 ‘‘(3) CLASSIFIED ANNEXES.—If a report in4 cludes a classified annex as provided for by sub5 section (b)(2)(B)(iii), the NTIA and the Commission 

6 shall— 

7 ‘‘(A) submit the classified annex only to 

8 the appropriate committees of Congress with 

9 primary oversight jurisdiction for the user agen10 cies or licensees concerned; and 

11 ‘‘(B) provide notice of the submission to 

12 the other appropriate committees of Congress. 

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

14 ‘‘(1) APPROPRIATE COMMITTEES OF CON15 GRESS.—The term ‘appropriate committees of Con16 gress’ means the Committee on Commerce, Science, 

17 and Transportation of the Senate, the Committee on 

18 Energy and Commerce of the House of Representa19 tives, and any other congressional committee with 

20 primary oversight jurisdiction for the user agencies 

21 or licensees concerned. 

22 ‘‘(2) NTIA.—The term ‘NTIA’ means the Na23 tional Telecommunications and Information Admin24 istration.’’. 


sroberts on DSK5SPTVN1PROD with BILLS
82 

•HR 2482 IH

1 (b) PROGRESS REPORT.—Within 180 days after the 

2 date of enactment of this title, the Commission and the 

3 NTIA shall provide an update as to the status of the in4 ventory and report required by section 342(a) of the Com5 munications Act of 1934, as added by subsection (a), to 

6 the appropriate committees of Congress. 

7 SEC. 502. FEDERAL SPECTRUM PLANNING. 

8 (a) REVIEW OF EVALUATION PROCESS.—Not later 

9 than 6 months after the date of enactment of this title, 

10 the Comptroller General of the United States shall— 

11 (1) conduct a review of the processes that Fed12 eral entities utilize to evaluate their spectrum needs 

13 and manage their spectrum resources; 

14 (2) make recommendations on how to improve 

15 such processes; and 

16 (3) submit a written report to the appropriate 

17 committees of Congress on the review, analysis, and 

18 recommendations made pursuant to paragraphs (1) 

19 and (2). 

20 (b) REVISION OF EVALUATION PROCESS.— 

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

22 the date of enactment of this title, each Federal en23 tity shall establish, update, or revise the process 

24 used by such entity to evaluate their proposed spec25 trum needs, taking into account any applicable recVerDate Mar 15 2010 20:32 Jul 12, 2011 Jkt 099200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H2482.IH H2482

sroberts on DSK5SPTVN1PROD with BILLS
83 

•HR 2482 IH

1 ommendations made in the report required under 

2 subsection (a). 

3 (2) REQUIRED INCLUSIONS.— 

4 (A) ANALYSIS OF OPTIONS.—Each process 

5 described under paragraph (1), whether newly 

6 established or otherwise revised, shall include 

7 an analysis and assessment of— 

8 (i) the options available to a Federal 

9 entity to obtain associated communications 

10 services that are the most spectrum-effi11 cient; and 

12 (ii) the effective alternatives available 

13 to such entity that will permit the entity to 

14 continue to satisfy the mission require15 ments of the entity. 

16 (B) ANALYSIS SUBMITTED TO NTIA.—The 

17 analysis and assessment carried out pursuant to 

18 subparagraph (A) shall be submitted by the 

19 Federal entity to the NTIA at the same time 

20 that the entity seeks certification or recertifi21 cation, if applicable, of spectrum support from 

22 the NTIA pursuant to the requirements of the 

23 National Telecommunications and Information 

24 Administration Organization Act and OMB Cir25 cular A–11. 


sroberts on DSK5SPTVN1PROD with BILLS
84 

•HR 2482 IH

1 (c) SPECTRUM PLANS OF FEDERAL ENTITIES.— 

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

3 the date of enactment of this title, and every 2 years 

4 thereafter, each Federal entity shall provide an enti5 ty-specific strategic spectrum plan to the Assistant 

6 Secretary and the Director of the Office of Manage7 ment and Budget. 

8 (2) REQUIRED INCLUSIONS.—Each strategic 

9 spectrum plan submitted pursuant to paragraph (1) 

10 shall include— 

11 (A) the spectrum requirements of the enti12 ty; 

13 (B) the planned uses of new technologies 

14 or expanded services requiring spectrum over a 

15 period of time agreed to by the entity; 

16 (C) suggested spectrum-efficient ap17 proaches to meeting the spectrum requirements 

18 identified under subparagraph (A); and 

19 (D) progress reports on what the entity is 

20 doing to improve its spectrum management. 

21 (d) NATIONAL SECURITY; CLASSIFIED INFORMA22 TION.— 

23 (1) IN GENERAL.—If the head of a Federal en24 tity determines that disclosure of information re25 quired by subsection (c) would be harmful to the naVerDate Mar 15 2010 20:32 Jul 12, 2011 Jkt 099200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H2482.IH H2482

sroberts on DSK5SPTVN1PROD with BILLS
85 

•HR 2482 IH

1 tional security of the United States, the entity 

2 shall— 

3 (A) notify the NTIA of its determination; 

4 and 

5 (B) provide to the NTIA— 

6 (i) the other publicly releasable infor7 mation required by subsection (c); 

8 (ii) to the maximum extent prac9 ticable, a summary description of the infor10 mation with respect to which the deter11 mination was made; and 

12 (iii) an annex containing the informa13 tion with respect to which the determina14 tion was made. 

15 (2) CLASSIFIED INFORMATION.—If the head of 

16 a Federal entity determines that any information re17 quired by subsection (c) is classified in accordance 

18 with Executive Order 13526 of December 29, 2009, 

19 or any successor Executive Order establishing or 

20 modifying the uniform system for classifying, safe21 guarding, and declassifying national security infor22 mation, the entity shall— 

23 (A) notify the NTIA of its determination; 

24 and 

25 (B) provide to the NTIA— 


sroberts on DSK5SPTVN1PROD with BILLS
86 

•HR 2482 IH

1 (i) the information required by sub2 section (c) that is not classified; 

3 (ii) to the maximum extent prac4 ticable, a summary description of the infor5 mation that is classified; and 

6 (iii) an annex containing the informa7 tion that is classified. 

8 (3) ANNEX RESTRICTION.—The NTIA shall 

9 make an annex described in paragraph (1)(B)(iii) or 

10 (2)(B)(iii) available to the Secretary of Commerce 

11 and the Director of the Office of Management and 

12 Budget. Neither the NTIA, the Secretary of Com13 merce, nor the Director of the Office of Management 

14 and Budget may make any such annex available to 

15 the public or to any unauthorized person through 

16 any other means. 

17 (e) FEDERAL STRATEGIC SPECTRUM PLAN.— 

18 (1) DEVELOPMENT AND SUBMISSION.— 

19 (A) IN GENERAL.—Not later than 6 

20 months after the receipt of the initial entity21 specific strategic spectrum plans required under 

22 subsection (c), the Secretary of Commerce shall 

23 develop a Federal Strategic Spectrum Plan, in 

24 coordination with the Assistant Secretary and 


sroberts on DSK5SPTVN1PROD with BILLS
87 

•HR 2482 IH

1 the Director of the Office of Management and 

2 Budget. 

3 (B) SUBMISSION TO CONGRESS.—Con4 sistent with the requirements set forth in sub5 section (d)(3), the Secretary of Commerce shall 

6 submit the Federal Strategic Spectrum Plan 

7 developed under subparagraph (A) to the ap8 propriate committees of Congress. 

9 (C) NONDISCLOSURE OF ANNEXES.—The 

10 Federal Strategic Spectrum Plan required to be 

11 submitted under subparagraph (B) shall be 

12 submitted in unclassified form, but shall in13 clude, if appropriate, 1 or more annexes as pro14 vided for by subsections (d)(1)(B)(iii) and 

15 (d)(2)(B)(iii). No Congressional committee may 

16 make any such annex available to the public or 

17 to any unauthorized person. 

18 (D) CLASSIFIED ANNEXES.—If the Federal 

19 Strategic Spectrum Plan includes a classified 

20 annex as provided for by subsection 

21 (d)(2)(B)(iii), the Secretary of Commerce 

22 shall— 

23 (i) submit the classified annex only to 

24 the appropriate committees of Congress 


sroberts on DSK5SPTVN1PROD with BILLS
88 

•HR 2482 IH

1 with primary oversight jurisdiction for the 

2 user entities or licensees concerned; and 

3 (ii) provide notice of the submission to 

4 the other appropriate committees of Con5 gress. 

6 (E) DEFINITION.—In this subsection, the 

7 term ‘‘appropriate committees of Congress’’ 

8 means the Committee on Commerce, Science, 

9 and Transportation of the Senate, the Com10 mittee on Energy and Commerce of the House 

11 of Representatives, and any other congressional 

12 committee with primary oversight jurisdiction 

13 for the user entity or licensees concerned. 

14 (2) INCORPORATION OF ENTITY PLANS.—The 

15 Federal Strategic Spectrum Plan developed under 

16 paragraph (1) shall incorporate, consistent with the 

17 requirements of subsection (d), the initial entity-spe18 cific strategic spectrum plans submitted under sub19 section (c). 

20 (3) REQUIRED INCLUSIONS.—The Federal 

21 Strategic Spectrum Plan developed under paragraph 

22 (1) shall include— 

23 (A) information on how spectrum assigned 

24 and used by Federal entities is being used; 


sroberts on DSK5SPTVN1PROD with BILLS
89 

•HR 2482 IH

1 (B) opportunities to increase efficient use 

2 of infrastructure and spectrum assigned and 

3 used by Federal entities; 

4 (C) an assessment of the future spectrum 

5 needs of the Federal Government; and 

6 (D) plans to incorporate such needs in the 

7 NTIA’s frequency assignment, equipment cer8 tification, and review processes. 

9 (4) UPDATES.—The Secretary of Commerce 

10 shall revise and update the Federal Strategic Spec11 trum Plan developed under paragraph (1) accord12 ingly pursuant to the biennial submission of the en13 tity-specific strategic spectrum plans submitted 

14 under subsection (c). 

15 (f) NATIONAL STRATEGIC SPECTRUM PLAN.— 

16 (1) IN GENERAL.—Not later than 2 years after 

17 the date of enactment of this title, the NTIA and 

18 the Commission, in consultation with other Federal, 

19 State, local, and tribal governments and commercial 

20 spectrum interests, shall develop a quadrennial Na21 tional Strategic Spectrum Plan. 

22 (2) REQUIRED INCLUSION.—The National Stra23 tegic Spectrum Plan shall include the following: 

24 (A) The Federal Strategic Spectrum Plan 

25 developed under subsection (e). 


sroberts on DSK5SPTVN1PROD with BILLS
90 

•HR 2482 IH

1 (B) Long-range spectrum planning of both 

2 commercial, State and local government, and 

3 Federal Government users. 

4 (C) New technologies or expanded services 

5 requiring spectrum. 

6 (D) The nature and characteristics of the 

7 new radio communication systems required and 

8 the nature and characteristics of the spectrum 

9 required. 

10 (E) Efficient approaches to meeting the 

11 future spectrum requirements of all users, in12 cluding— 

13 (i) requiring certain standards-based 

14 technologies that improve spectrum effi15 ciencies; 

16 (ii) spectrum sharing and reuse op17 portunities; 

18 (iii) possible reallocation; and 

19 (iv) any other approaches that pro20 mote efficient use of spectrum. 

21 (F) An evaluation of current auction proc22 esses to determine the effectiveness of such 

23 processes in— 

24 (i) promoting competition; 


sroberts on DSK5SPTVN1PROD with BILLS
91 

•HR 2482 IH

1 (ii) improving spectrum use efficiency; 

2 and 

3 (iii) maximizing the full economic 

4 value to customers, industry, and the tax5 payer of the spectrum. 

6 Subtitle B—Markets 

7 SEC. 511. PROMOTING SECONDARY SPECTRUM MARKETS. 

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

9 the date of enactment of this title, the Commission shall 

10 conduct a rulemaking proceeding to determine how to fur11 ther promote a more robust secondary spectrum market. 

12 (b) CONSIDERATION.—In carrying out the rule13 making required under subsection (a), the Commission 

14 shall consider the feasability and value of establishing a 

15 national database to collect and disseminate information 

16 on secondary spectrum market opportunities. 

17 SEC. 512. UNLICENSED USE IN 5 GHZ. 

18 (a) MODIFICATION OF REGULATIONS.— 

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

20 the date of enactment of this title, the Commission 

21 shall modify part 15 of title 47, Code of Federal 

22 Regulations, to allow unlicensed devices intended 

23 and marketed for indoor use to operate in the 5350– 

24 5470 MHz band. 


sroberts on DSK5SPTVN1PROD with BILLS
92 

•HR 2482 IH

1 (2) CONCERNS AND CONSIDERATIONS.—In car2 rying out the modification requirement set forth 

3 under paragraph (1), the Commission shall allow the 

4 unlicensed devices described in paragraph (1) to op5 erate in the 5350–5470 MHz band, on an indoor 

6 basis only, if it— 

7 (A) finds that technical solutions will pro8 tect licensed users, including use of existing, 

9 modified, or new spectrum sharing technologies 

10 and solutions, such as dynamic frequency selec11 tion; and 

12 (B) determines that the primary mission of 

13 Federal spectrum users in the 5350–5470 MHz 

14 band will not be compromised by the introduc15 tion of unlicensed devices in the 5350–5470 

16 MHz band. 

17 (b) NTIA STUDY.— 

18 (1) IN GENERAL.—Not later than 8 months 

19 after the date of enactment of this title, and in con20 sultation with the Commission, the NTIA shall con21 duct and submit a study as provided in paragraph 

22 (2) evaluating known and proposed sharing tech23 nologies and the risk to Federal users if unlicensed 

24 U–NII devices were allowed to operate indoors in 

25 the 5350–5470 MHz band. 


sroberts on DSK5SPTVN1PROD with BILLS
93 

•HR 2482 IH

1 (2) SUBMITTING STUDY.—The study required 

2 by paragraph (1) shall be submitted to the appro3 priate committees of Congress and the Commission. 

4 SEC. 513. EXPERIMENTAL LICENSES. 

5 Not later than 9 months after the date of enactment 

6 of this title, the Commission shall revise part 5 of chapter 

7 I of title 47, Code of Federal Regulations, to— 

8 (1) streamline such regulations to promote 

9 greater experimentation; 

10 (2) broaden opportunities for market trials; 

11 (3) promote advancements in health care; 

12 (4) establish innovation zones; and 

13 (5) establish a process by which qualified enti14 ties, including colleges, universities, public and pri15 vate companies, and non-profit research organiza16 tions, will be permitted to use a broad range of radio 

17 frequencies for research and experimentation on a 

18 non-interference basis without having to obtain prior 

19 authorization from the Commission for the use of 

20 specific frequencies. 

21 SEC. 514. REPURPOSING FEDERAL SPECTRUM FOR COM22 MERCIAL PURPOSES AND FEDERAL SPEC23 TRUM SHARING. 

24 (a) ELIGIBLE FEDERAL ENTITIES.—Section 

25 113(g)(1) of the National Telecommunications and InforVerDate Mar 15 2010 20:32 Jul 12, 2011 Jkt 099200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H2482.IH H2482

sroberts on DSK5SPTVN1PROD with BILLS
94 

•HR 2482 IH

1 mation Administration Organization Act (47 U.S.C. 

2 923(g)(1)) is amended to read as follows: 

3 ‘‘(1) ELIGIBLE FEDERAL ENTITIES.—Any Fed4 eral entity that operates a Federal Government sta5 tion authorized to use a band of frequencies speci6 fied in paragraph (2) and that incurs relocation 

7 costs because of planning for a potential auction of 

8 spectrum frequencies, a planned auction of spectrum 

9 frequencies, or the reallocation of spectrum fre10 quencies from Federal use to exclusive non-Federal 

11 use, or shared Federal and non-Federal use shall re12 ceive payment for such costs from the Spectrum Re13 location Fund, in accordance with section 118 of 

14 this Act. For purposes of this paragraph, Federal 

15 power agencies exempted under subsection (c)(4) 

16 that choose to relocate from the frequencies identi17 fied for reallocation pursuant to subsection (a), are 

18 eligible to receive payment under this paragraph.’’. 

19 (b) ELIGIBLE FREQUENCIES.—Section 113(g)(2)(B) 

20 of the National Telecommunications and Information Ad21 ministration Organization Act (47 U.S.C. 923(g)(2)(B)) 

22 is amended to read as follows: 

23 ‘‘(B) any other band of frequencies reallo24 cated from Federal use to non-Federal or 


sroberts on DSK5SPTVN1PROD with BILLS
95 

•HR 2482 IH

1 shared use, whether for licensed or unlicensed 

2 use, after January 1, 2003, that is assigned— 

3 ‘‘(i) by competitive bidding pursuant 

4 to section 309(j) of the Communications 

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

6 ‘‘(ii) as a result of an Act of Congress 

7 or any other administrative or executive di8 rection.’’. 

9 (c) DEFINITION OF RELOCATION AND SHARING

10 COSTS.—Section 113(g)(3) of the National Telecommuni11 cations and Information Administration Organization Act 

12 (47 U.S.C. 923(g)(3)) is amended to read as follows: 

13 ‘‘(3) DEFINITION OF RELOCATION AND SHAR14 ING COSTS.—For purposes of this subsection, the 

15 terms ‘relocation costs’ and ‘sharing costs’ mean the 

16 costs incurred by a Federal entity to plan for a po17 tential or planned auction or sharing of spectrum 

18 frequencies and to achieve comparable capability of 

19 systems, regardless of whether that capability is 

20 achieved by relocating to a new frequency assign21 ment, relocating a Federal Government station to a 

22 different geographic location, modifying Federal 

23 Government equipment to mitigate interference or 

24 use less spectrum, in terms of bandwidth, geog25 raphy, or time, and thereby permitting spectrum 


sroberts on DSK5SPTVN1PROD with BILLS
96 

•HR 2482 IH

1 sharing (including sharing among relocated Federal 

2 entities and incumbents to make spectrum available 

3 for non-Federal use) or relocation, or by utilizing an 

4 alternative technology. Comparable capability of sys5 tems includes the acquisition of state-of-the art re6 placement systems intended to meet comparable 

7 operational scope, which may include incidental in8 creases in functionality, including those necessary to 

9 achieve security, reliability, and resiliency. Such 

10 costs include— 

11 ‘‘(A) the costs of any modification or re12 placement of equipment, spares, associated an13 cillary equipment, software, facilities, operating 

14 manuals, training costs, or regulations that are 

15 attributable to relocation or sharing; 

16 ‘‘(B) the costs of all engineering, equip17 ment, software, site acquisition, and construc18 tion costs, as well as any legitimate and pru19 dent transaction expense, including term-limited 

20 Federal civil servant and contractor staff nec21 essary to carry out the relocation activities of 

22 an eligible Federal entity, and reasonable addi23 tional costs incurred by the Federal entity that 

24 are attributable to relocation or sharing, includVerDate Mar 15 2010 20:32 Jul 12, 2011 Jkt 099200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H2482.IH H2482

sroberts on DSK5SPTVN1PROD with BILLS
97 

•HR 2482 IH

1 ing increased recurring costs associated with 

2 the replacement of facilities; 

3 ‘‘(C) the costs of research, engineering 

4 studies, economic analyses, or other expenses 

5 reasonably incurred in connection with— 

6 ‘‘(i) calculating the estimated reloca7 tion costs that are provided to the Com8 mission pursuant to paragraph (4) of this 

9 subsection, or in calculating the estimated 

10 sharing costs; 

11 ‘‘(ii) determining the technical or 

12 operational feasibility of relocation to 1 or 

13 more potential relocation bands; or 

14 ‘‘(iii) planning for or managing a relo15 cation or sharing project (including spec16 trum coordination with auction winners) or 

17 potential relocation or sharing project; 

18 ‘‘(D) the one-time costs of any modifica19 tion of equipment reasonably necessary to ac20 commodate commercial use of shared fre21 quencies or, in the case of frequencies reallo22 cated to exclusive commercial use, prior to the 

23 termination of the Federal entity’s primary allo24 cation or protected status, when the eligible fre25 quencies as defined in paragraph (2) of this 


sroberts on DSK5SPTVN1PROD with BILLS
98 

•HR 2482 IH

1 subsection are made available for private sector 

2 uses by competitive bidding and a Federal enti3 ty retains primary allocation or protected status 

4 in those frequencies for a period of time after 

5 the completion of the competitive bidding proc6 ess; 

7 ‘‘(E) the costs associated with the acceler8 ated replacement of systems and equipment if 

9 such acceleration is necessary to ensure the 

10 timely relocation of systems to a new frequency 

11 assignment or the timely accommodation of 

12 sharing of Federal frequencies; and 

13 ‘‘(F) the costs of the use of commercial 

14 systems (including systems not utilizing spec15 trum) to replace Federal systems discontinued 

16 or relocated pursuant to this Act, including 

17 lease (including lease of land), subscription, and 

18 equipment costs over an appropriate period, 

19 such as the anticipated life of an equivalent 

20 Federal system or other period determined by 

21 the Director of the Office of Management and 

22 Budget.’’. 

23 (d) SPECTRUM SHARING.—Section 113(g) of the Na24 tional Telecommunications and Information AdministraVerDate Mar 15 2010 20:32 Jul 12, 2011 Jkt 099200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H2482.IH H2482

sroberts on DSK5SPTVN1PROD with BILLS
99 

•HR 2482 IH

1 tion Organization Act (47 U.S.C. 923(g)) is amended by 

2 adding at the end the following: 

3 ‘‘(7) SPECTRUM SHARING.—A Federal entity is 

4 permitted to allow access to its frequency assign5 ments by a non-Federal entity upon approval of 

6 NTIA, in consultation with the Director of the Of7 fice of Management and Budget. Such non-Federal 

8 entities shall comply with all applicable rules of the 

9 Commission and the NTIA, including any regula10 tions promulgated pursuant to this section. Any re11 muneration associated with such access shall be de12 posited into the Spectrum Relocation Fund estab13 lished under section 118. A Federal entity that in14 curs costs as a result of such access is eligible for 

15 payment from the Fund for the purposes specified in 

16 paragraph (3) of this section. The revenue associ17 ated with such access shall be at least 110 percent 

18 of the estimated Federal costs.’’. 

19 (e) SPECTRUM RELOCATION FUND.—Section 118 of 

20 the National Telecommunications and Information Ad21 ministration Organization Act (47 U.S.C. 928) is amend22 ed— 

23 (1) in subsection (b), by inserting before the pe24 riod at the end the following: ‘‘and any payments 

25 made by non-Federal entities for access to Federal 


sroberts on DSK5SPTVN1PROD with BILLS
100 

•HR 2482 IH

1 spectrum pursuant to section 113(g)(7) (47 U.S.C. 

2 113(g)(7))’’; 

3 (2) by amending subsection (c) to read as fol4 lows: 

5 ‘‘(c) USE OF FUNDS.— 

6 ‘‘(1) FUNDS FROM AUCTIONS.—The amounts in 

7 the Fund from auctions of eligible frequencies are 

8 authorized to be used to pay relocation costs, as 

9 such costs are defined in section 113(g)(3), of an eli10 gible Federal entity incurring such costs with re11 spect to relocation from any eligible frequency. 

12 ‘‘(2) FUNDS FROM PAYMENTS BY NON-FED13 ERAL ENTITIES.—The amounts in the Fund from 

14 payments by non-Federal entities for access to Fed15 eral spectrum are authorized to be used to pay the 

16 sharing costs, as such costs are defined in section 

17 113(g)(3), of an eligible Federal entity incurring 

18 such costs. 

19 ‘‘(3) TRANSFER OF FUNDS.— 

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), the Director of OMB may transfer 

22 at any time (including prior to any auction or 

23 contemplated auction, or sharing initiative) 

24 such sums as may be available in the Fund to 

25 an eligible Federal entity to pay eligible relocaVerDate Mar 15 2010 20:32 Jul 12, 2011 Jkt 099200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H2482.IH H2482

sroberts on DSK5SPTVN1PROD with BILLS
101 

•HR 2482 IH

1 tion or sharing costs related to pre-auction esti2 mates or research, as such costs are described 

3 in section 113(g)(3)(C). 

4 ‘‘(B) NOTIFICATION.—No funds may be 

5 transferred pursuant to subparagraph (A) un6 less the notification provided under subsection 

7 (d)(2)(B) of this section includes a certification 

8 from the Director of OMB that— 

9 ‘‘(i) funds transferred before an auc10 tion will likely allow for a timely relocation, 

11 thereby increasing net expected auction 

12 proceeds by an amount equal to or greater 

13 than the time value of the amount of funds 

14 transferred; and 

15 ‘‘(ii) the auction is intended to occur 

16 within 5 years of transfer of funds. 

17 ‘‘(C) APPLICABILITY.— 

18 ‘‘(i) PRIOR COSTS INCURRED.—The 

19 Director of OMB may transfer up to 

20 $10,000,000 to eligible Federal entities for 

21 eligible relocation or sharing costs related 

22 to pre-auction estimates or research, as 

23 such costs are described in section 

24 113(g)(3)(C), for costs incurred prior to 

25 the date of the enactment of the Public 


sroberts on DSK5SPTVN1PROD with BILLS
102 

•HR 2482 IH

1 Safety Spectrum and Wireless Innovation 

2 Act, but after June 28th, 2010. 

3 ‘‘(ii) SUPPLEMENT NOT SUPPLANT.— 

4 Any amounts transferred by the Director 

5 of OMB pursuant to clause (i) shall be in 

6 addition to any amounts that the Director 

7 of OMB may transfer after the date of the 

8 enactment of the Public Safety Spectrum 

9 and Wireless Innovation Act.’’; 

10 (3) in subsection (d)— 

11 (A) in paragraph (1), by inserting ‘‘and 

12 sharing’’ before ‘‘costs’’; 

13 (B) in paragraph (2)(B)— 

14 (i) by inserting ‘‘and sharing’’ before 

15 ‘‘costs’’; and 

16 (ii) by inserting ‘‘and sharing’’ before 

17 the period at the end; and 

18 (C) by amending paragraph (3) to read as 

19 follows: 

20 ‘‘(3) REVERSION OF UNUSED FUNDS.— 

21 ‘‘(A) IN GENERAL.—Any amounts in the 

22 Fund that are remaining after the payment of 

23 the relocation and sharing costs that are pay24 able from the Fund shall revert to and be de25 posited in the General Fund of the Treasury 


sroberts on DSK5SPTVN1PROD with BILLS
103 

•HR 2482 IH

1 not later than 8 years after the date of the de2 posit of such proceeds to the Fund, unless with3 in 60 days in advance of the reversion of such 

4 funds, the Director of OMB, in consultation 

5 with the Assistant Secretary for Communica6 tions and Information, notifies the appropriate 

7 committees of Congress that such funds are 

8 needed to complete or to implement current or 

9 future relocations or sharing initiatives. 

10 ‘‘(B) DEFINITION.—In this paragraph, the 

11 term ‘appropriate committees of Congress’ 

12 means— 

13 ‘‘(i) the Committee on Appropriations 

14 of the Senate; 

15 ‘‘(ii) the Committee on Commerce, 

16 Science, and Transportation of the Senate; 

17 ‘‘(iii) the Committee on Appropria18 tions of the House of Representatives; and 

19 ‘‘(iv) the Committee on Energy and 

20 Commerce of the House of Representa21 tives.’’; 

22 (4) in subsection (e)(2)— 

23 (A) by inserting ‘‘and sharing’’ before 

24 ‘‘costs’’; 


sroberts on DSK5SPTVN1PROD with BILLS
104 

•HR 2482 IH

1 (B) by inserting ‘‘or sharing’’ before ‘‘is 

2 complete’’; and 

3 (C) by inserting ‘‘or sharing’’ before ‘‘in 

4 accordance’’; and 

5 (5) by adding at the end the following: 

6 ‘‘(f) ADDITIONAL PAYMENTS FROM THE FUND.— 

7 Notwithstanding subsections (c) through (e), after the 

8 date of the enactment of the Public Safety Spectrum and 

9 Wireless Innovation Act, and following the credit of any 

10 amounts specified in subsection (b), there are hereby ap11 propriated from the Fund and available to the Director 

12 of the OMB up to 10 percent of the amounts deposited 

13 in the Fund from the auction of licenses for frequencies 

14 of spectrum vacated by Federal entities, or up to 10 per15 cent of the amounts deposited in the Fund by non-Federal 

16 entities for sharing of Federal spectrum. The Director of 

17 OMB, in consultation with the Assistant Secretary for 

18 Communications and Information, may use such amounts 

19 to pay eligible Federal entities for the purpose of encour20 aging timely access to such spectrum, provided that— 

21 ‘‘(1) any such payment by the Director of OMB 

22 is based on the market value of the spectrum, the 

23 timeliness with which the licensee cleared its use of 

24 such spectrum, and the need for such spectrum in 


sroberts on DSK5SPTVN1PROD with BILLS
105 

•HR 2482 IH

1 order for the Federal entity to conduct its essential 

2 missions; 

3 ‘‘(2) any such payment by the Director of OMB 

4 is used to carry out the purposes specified in sub5 paragraphs (A) through (F) of paragraph (3) of 

6 subsection 113(g) to achieve enhanced capability for 

7 those systems affected by reallocation of Federal 

8 spectrum to commercial use, or by sharing of Fed9 eral frequencies with non-Federal entities; 

10 ‘‘(3) the amount remaining in the Fund after 

11 any such payment by the Director is not less than 

12 10 percent of the winning bids in the relevant auc13 tion, or is not less than 10 percent of the payments 

14 from non-Federal entities in the relevant sharing 

15 agreement; and 

16 ‘‘(4) any such payment by the Director shall 

17 not be made until 30 days after the Director has no18 tified the Committees on Appropriations and Com19 merce, Science, and Transportation of the Senate, 

20 and the Committees on Appropriations and Energy 

21 and Commerce of the House of Representatives.’’. 

22 (f) COMPETITIVE BIDDING; TREATMENT OF REVE23 NUES.—Subparagraph (D) of section 309(j)(8) of the 

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

25 amended by inserting ‘‘excluding frequencies identified by 


sroberts on DSK5SPTVN1PROD with BILLS
106 

•HR 2482 IH

1 the Federal Communications Commission to be auctioned 

2 in conjunction with eligible frequencies described in sec3 tion 113(g)(2)’’ before ‘‘shall be deposited’’. 

4 (g) PUBLIC DISCLOSURE AND NONDISCLOSURE.—If 

5 the head of an executive agency of the Federal Govern6 ment determines that public disclosure of any information 

7 contained in notifications and reports required by sections 

8 113 or 118 of the National Telecommunications and In9 formation Administration Organization Act (47 U.S.C. 

10 923 and 928) would reveal classified national security in11 formation or other information for which there is a legal 

12 basis for nondisclosure and such public disclosure would 

13 be detrimental to national security, homeland security, 

14 public safety, or jeopardize law enforcement investiga15 tions, the head of the executive agency shall notify the 

16 NTIA of that determination prior to release of such infor17 mation. In that event, such classified information shall be 

18 included in a separate annex, as needed. These annexes 

19 shall be provided to the appropriate subcommittee in ac20 cordance with appropriate national security stipulations, 

21 but shall not be disclosed to the public or provided to any 

22 unauthorized person through any other means. 

23 SEC. 515. REPORT ON SPECTRUM SHARING. 

24 (a) IDENTIFICATION OF SPECTRUM; REPORT TO

25 CONGRESS.—Not later than 1 year after the date of enactVerDate Mar 15 2010 20:32 Jul 12, 2011 Jkt 099200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H2482.IH H2482

sroberts on DSK5SPTVN1PROD with BILLS
107 

•HR 2482 IH

1 ment of this Act, the NTIA shall conduct a study and sub2 mit a report to the appropriate committees of Congress— 

3 (1) that identifies spectrum between 225 MHz 

4 and 3700 MHz operated or licensed by a Federal en5 tity that the NTIA, in consultation with the Com6 mission, determines appropriate for sharing with 

7 non-government entities or non-Federal government 

8 entities, including, after taking into account any 

9 spectrum identified by the NTIA in its October 2010 

10 report entitled ‘‘An Assessment of the Near-Term 

11 Viability of Accommodating Wireless Broadband 

12 Systems in the 1675–1710 MHz, 1755–1780 MHz, 

13 3500–3650 MHz, and 4200–4220 MHz, 4380–4400 

14 MHz Bands’’, the additional 100 MHz most likely to 

15 be appropriate for wireless broadband operations; 

16 and 

17 (2) on how Federal entities can utilize dynamic 

18 spectrum sharing technologies to allow non-govern19 ment entities or non-Federal government entities to 

20 share underutilized spectrum without interference to 

21 the primary usage by the Federal Government of 

22 that spectrum, including through use of cognitive 

23 radio and sensing technologies and database and 

24 geolocation approaches. 


sroberts on DSK5SPTVN1PROD with BILLS
108 

•HR 2482 IH

1 (b) CONSIDERATIONS.—In carrying out the study 

2 and report required under subsection (a), the NTIA 

3 should consider— 

4 (1) radio systems that are utilized in fixed or 

5 predictable geographic locations; 

6 (2) radio systems that are only utilized inter7 mittently at fixed or predictable times; 

8 (3) spectrum allocations in which radio systems 

9 are currently not deployed; and 

10 (4) spectrum that is harmonized regionally or 

11 globally. 

12 (c) PUBLIC CONSULTATION AND RULE CHANGES.— 

13 (1) IN GENERAL.—Not later than 6 months 

14 after the report required under subsection (a) is sub15 mitted, the NTIA shall conduct a public consultation 

16 and, with the Interdepartment Radio Advisory Com17 mittee, develop rules for Federal users to increase 

18 spectrum sharing by Federal entities. 

19 (2) CONSIDERATIONS.—In carrying out the 

20 rulemaking required under paragraph (1), the NTIA 

21 shall consider— 

22 (A) the findings of the report required 

23 under subsection (a); and 

24 (B) the recommendations in the Final Re25 port, dated November 8, 2010, issued by the 


sroberts on DSK5SPTVN1PROD with BILLS
109 

•HR 2482 IH

1 Interference and Dynamic Spectrum Access 

2 Subcommittee of the Commerce Spectrum Man3 agement Advisory Committee. 

4 Subtitle C—Efficiency and 

5 Management 

6 SEC. 521. FUNCTIONAL RESPONSIBILITY OF THE NTIA TO 

7 ENSURE EFFICIENT USE OF SPECTRUM. 

8 Section 103(b)(2) of the National Telecommuni9 cations and Information Administration Organization Act 

10 (47 U.S.C. 902(b)(2)) is amended— 

11 (1) by redesignating subparagraphs (B) 

12 through (T) as subparagraphs (C) through (U), re13 spectively; and 

14 (2) by inserting after subparagraph (A) the fol15 lowing: 

16 ‘‘(B) The responsibility to promote the 

17 best possible and most efficient use of electro18 magnetic spectrum resources across the Federal 

19 Government, subject to and consistent with the 

20 needs and missions of Federal agencies.’’. 

21 SEC. 522. SPECTRUM EFFICIENCY ANALYTIC TOOLS. 

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

23 the date of enactment of this title, the NTIA, in consulta24 tion with NIST and the Commission, as appropriate, shall 

25 develop analytic tools or metrics for the NTIA and Federal 


sroberts on DSK5SPTVN1PROD with BILLS
110 

•HR 2482 IH

1 entities to measure the spectrum efficiency of Federal 

2 spectrum systems used by such entities. 

3 (b) REQUIRED CONSIDERATION.—In developing the 

4 tools or metrics to measure spectrum efficiency pursuant 

5 to subsection (a)(1), the NTIA shall consider the conclu6 sions reached in the report entitled ‘‘Definitions of Effi7 ciency in Spectrum Use’’, authored by the Commerce 

8 Spectrum Management Advisory Committee and dated 

9 October 1, 2008. 

10 SEC. 523. STUDY ON RECEIVER PERFORMANCE AND SPEC11 TRUM EFFICIENCY. 

12 (a) IN GENERAL.—The Comptroller General of the 

13 United States shall conduct a study to consider efforts to 

14 ensure that each transmission system that employs radio 

15 spectrum is designed and operated so that reasonable use 

16 of adjacent spectrum does not excessively impair the func17 tioning of such system. 

18 (b) REQUIRED CONSIDERATIONS.—At a minimum, 

19 the study required under subsection (a) shall consider— 

20 (1) the value of— 

21 (A) improving receiver performance as it 

22 relates to increasing spectral efficiency; 

23 (B) improving operation of services in ad24 jacent frequencies; and 


sroberts on DSK5SPTVN1PROD with BILLS
111 

•HR 2482 IH

1 (C) narrowing the guard bands between 

2 adjacent spectrum use. 

3 (2) the role of manufacturers, commercial li4 censees, and government users with respect to their 

5 transmission systems and use of adjacent spectrum 

6 described in subsection (a); 

7 (3) the feasibility of industry self-compliance 

8 with respect to the design and operational require9 ments of transmission systems and the reasonable 

10 use of adjacent spectrum described in subsection (a); 

11 and 

12 (4) the value of Commission and NTIA action 

13 to establish, by rule, technical requirements or 

14 standards for non-Federal or Federal use, respec15 tively, with respect to the reasonable use of adjacent 

16 spectrum described in subsection (a). 

17 (c) DEFINITION.—For purposes of this section, the 

18 term ‘‘transmission system’’ means any telecommuni19 cations, broadcast, satellite, commercial mobile service, or 

20 other communications system that employs radio spec21 trum. 

22 (d) REPORT.—Not later than 1 year after the date 

23 of enactment of this Act, the Comptroller General of the 

24 United States shall submit a report to the appropriate 


sroberts on DSK5SPTVN1PROD with BILLS
112 

•HR 2482 IH

1 committees of Congress on the results of the study re2 quired under subsection (a). 

3 SEC. 524. FREQUENCY ASSIGNMENT. 

4 (a) EXAMINATION.—Not later than 6 months after 

5 the date of enactment of this title, the NTIA, in consulta6 tion with the Interdepartment Radio Advisory Committee, 

7 shall— 

8 (1) examine its frequency assignment processes, 

9 including the 5-year frequency assignment review 

10 program, and 

11 (2) consider best practices to determine if the 

12 current approach for collecting and validating data 

13 from Federal entities can be streamlined or im14 proved to help ensure that such entities are man15 aging current and future spectrum assignments effi16 ciently. 

17 (b) REQUIRED CONSIDERATIONS.—In carrying out 

18 the requirements of subsection (a), the NTIA shall con19 sider— 

20 (1) providing Federal entities with specific 

21 guidance or requirements on how to justify to the 

22 NTIA that requested spectrum frequency assign23 ments would fulfill an established mission need and 

24 that other means of communication are not appro25 priate or available; 


sroberts on DSK5SPTVN1PROD with BILLS
113 

•HR 2482 IH

1 (2) requiring Federal entities to submit docu2 mentation, as part of the spectrum frequency assign3 ment process; 

4 (3) verifying that such entity has completed an 

5 analysis to support the use and need of the re6 quested assignment; and 

7 (4) requiring managers of spectrum resources 

8 at each Federal entity to validate, verify, or attest 

9 to the accuracy of spectrum information submitted 

10 by their entity to the NTIA. 

11 SEC. 525. SPECTRUM OPPORTUNITY COST TRANSPARENCY. 

12 (a) ANALYSIS OF ECONOMIC OPPORTUNITY COST.— 

13 (1) DEVELOPMENT OF FRAMEWORK.— 

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

15 after the date of enactment of this title, the 

16 NTIA, in consultation with the Commission and 

17 the Director of the Office of Management and 

18 Budget, shall develop a framework for deter19 mining the annual economic opportunity cost of 

20 each specific Federal spectrum band assigned 

21 or otherwise allocated for use by Federal enti22 ties. 

23 (B) CONSIDERATIONS.—In developing the 

24 framework required under subparagraph (A), 

25 the NTIA shall take into account the spectrum 


sroberts on DSK5SPTVN1PROD with BILLS
114 

•HR 2482 IH

1 pricing methodologies adopted by other coun2 tries which utilize administered incentive pric3 ing of spectrum for government users. 

4 (2) SCOPE.—The framework developed under 

5 paragraph (1) shall cover all federally allocated spec6 trum bands between 150 MHz and 6000 MHz, in7 clusive. 

8 (3) GOALS.—The goal of the framework devel9 oped under paragraph (1) is— 

10 (A) to provide Federal entities with a sus11 tained long-term signal of spectrum value to in12 form the spectrum management decisions of 

13 such entities; and 

14 (B) to provide the public with increased 

15 transparency about how Federal entities use a 

16 scare physical resource. 

17 (4) REQUIREMENTS.—The framework devel18 oped under paragraph (1) shall— 

19 (A) define the term ‘‘opportunity cost’’ as 

20 the value of the spectrum, in dollar terms, as 

21 if such spectrum were to be reallocated to the 

22 highest commercial alternative use that cur23 rently does not have access to that spectrum; 

24 (B) be updated, on an annual basis, to 

25 take into account observed market valuations 


sroberts on DSK5SPTVN1PROD with BILLS
115 

•HR 2482 IH

1 from spectrum auctions, secondary spectrum 

2 trading, and other market indicators of spec3 trum value; 

4 (C) determine the opportunity costs borne 

5 by each Federal entity for each spectrum band 

6 that is entirely under the control of a single 

7 agency; and 

8 (D) determine the opportunity costs for 

9 spectrum assigned or otherwise allocated to 

10 Federal entities for both primary use and sec11 ondary use. 

12 (b) REPORT ON OPPORTUNITY COSTS.—Each Fed13 eral entity that has been assigned or otherwise allocated 

14 use of a Federal spectrum band shall report, as an off15 budget item, the opportunity cost borne by the entity for 

16 each spectrum band the entity uses— 

17 (1) in the budget of the entity to be included 

18 in the budget of the United States Government sub19 mitted by the President under section 1105 of title 

20 31, United States Code; and 

21 (2) in the annual financial statement of the en22 tity required to be filed under section 3515 of title 

23 31, United States Code. 

24 (c) SPECTRUM VALUE ANALYSIS.—Not later than 5 

25 years after the date of the enactment of this title, and 


sroberts on DSK5SPTVN1PROD with BILLS
116 

•HR 2482 IH

1 every 5 years thereafter, each Federal entity that has been 

2 assigned or otherwise allocated use of a Federal spectrum 

3 band, or otherwise utilizes such spectrum, shall engage in 

4 an analysis comparing the opportunity cost of that spec5 trum, as such cost is determined by the framework devel6 oped by the NTIA under subsection (a), to the projected 

7 costs of the entity relocating to other government spec8 trum holdings, co-locating with other government agen9 cies, leasing other non-Federal spectrum, or contracting 

10 out for its spectrum activities. 

11 (d) SPECTRUM TECHNOLOGY STUDY.— 

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

13 after the date of the enactment of this title, and 

14 every 5 years thereafter, the Comptroller General of 

15 the United States, in consultation with NTIA, shall 

16 examine the technologies and equipment used by 

17 Federal entities operating on Federal spectrum allo18 cations and determine if such technologies and 

19 equipment are the most spectrum efficient available. 

20 (2) CERTAIN DETERMINATIONS MADE.—If the 

21 results of any study required under paragraph (1) 

22 determines that the technologies and equipment of 

23 Federal entities operating on Federal spectrum allo24 cations are not the most spectrum efficient available, 

25 the Comptroller General shall determine— 


sroberts on DSK5SPTVN1PROD with BILLS
117 

•HR 2482 IH

1 (A) what the costs would be to upgrade 

2 such systems to more up-to-date and readily 

3 available systems; 

4 (B) what benefits would be gained from 

5 upgrading, particularly any cost savings or in6 creases in spectrum utilization efficiency; and 

7 (C) if there are any possible problems with 

8 upgrading to more up-to-date systems. 

9 SEC. 526. SYSTEM CERTIFICATION. 

10 Not later than 6 months after the date of enactment 

11 of this title, the Director of the Office of Management and 

12 Budget shall update and revise section 33.4 of OMB Cir13 cular A–11 to reflect the recommendations regarding such 

14 Circular made in the Commerce Spectrum Management 

15 Advisory Committee Incentive Subcommittee report, 

16 adopted January 11, 2011. 

17 SEC. 527. REPORT TO CONGRESS ON IMPROVING SPEC18 TRUM MANAGEMENT. 

19 Not later than 3 months after the date of enactment 

20 of this title, the NTIA shall submit to the appropriate 

21 committees of Congress a report on the status of the 

22 NTIA’s plan to implement the recommendations contained 

23 in the ‘‘President’s Memorandum on Improving Spectrum 

24 Management for the 21st Century’’, 49 Weekly Comp. 

25 Pres. Doc. 2875, Nov. 29, 2004. 


sroberts on DSK5SPTVN1PROD with BILLS
118 

•HR 2482 IH

1 SEC. 528. WIRELESS FACILITIES DEPLOYMENT. 

2 (a) FACILITY MODIFICATIONS.— 

3 (1) IN GENERAL.—Notwithstanding section 704 

4 of the Telecommunications Act of 1996 or any other 

5 provision of law, a State or local government may 

6 not deny, and shall approve, any eligible facilities re7 quest for a modification of an existing wireless tower 

8 that does not substantially change the physical di9 mensions of such tower. 

10 (2) ELIGIBLE FACILITIES REQUEST.—For pur11 poses this subsection, the term ‘‘eligible facilities re12 quest’’ means any request for modification of an ex13 isting wireless tower that involves— 

14 (A) collocation of new transmission equip15 ment; 

16 (B) removal of transmission equipment; 

17 and 

18 (C) replacement of transmission equip19 ment. 

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

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

22 political subdivision or agency of a State, or a per23 son, firm, or organization applies for the grant of an 

24 easement or rights-of-way to, in, over, or on a build25 ing owned by the Federal Government for the right 

26 to install, construct, and maintain wireless service 


sroberts on DSK5SPTVN1PROD with BILLS
119 

•HR 2482 IH

1 antenna structures and equipment, and backhaul 

2 transmission, the executive agency having control of 

3 the building may grant to the applicant, on behalf 

4 of the Federal Government, an easement or rights5 of-way to perform such installation, construction, 

6 and maintenance. 

7 (2) APPLICATION.—The Administrator of the 

8 General Services Administration shall develop a com9 mon form for rights-of-way applications required 

10 under paragraph (1) for all executive agencies that 

11 shall be used by applicants with respect to the build12 ings or property of each such agency. 

13 (3) FEE.— 

14 (A) IN GENERAL.—Notwithstanding any 

15 other provision of law, in making a grant of an 

16 easement or rights-of-way pursuant to para17 graph (1), the Administrator of the General 

18 Services Administration shall establish a fee for 

19 the award of such grant that is based on direct 

20 cost recovery. 

21 (B) EXCEPTIONS.—The Administrator of 

22 the General Services Administration may estab23 lish exceptions to the fee amount required 

24 under subparagraph (A)— 


sroberts on DSK5SPTVN1PROD with BILLS
120 

•HR 2482 IH

1 (i) in consideration of the public ben2 efit provided by a grant of an easement or 

3 rights-of-way; and 

4 (ii) in the interest of expanding wire5 less and broadband coverage. 

6 (4) USE OF FEES COLLECTED.—Any fee 

7 amounts collected by an executive agency pursuant 

8 to paragraph (2) shall be made available, without 

9 further appropriation, to such agency for purposes 

10 of the agency’s telecommunications and information 

11 technology needs and any excess funds shall then be 

12 deposited into the Federal Building Fund. 

13 (c) MASTER CONTRACTS FOR WIRELESS TOWER

14 SITINGS.— 

15 (1) IN GENERAL.—Notwithstanding section 704 

16 of the Telecommunications Act of 1996 or any other 

17 provision of law, and not later than 60 days after 

18 the date of enactment of this Act, the Administrator 

19 of the General Services Administration shall— 

20 (A) develop 1 or more master contracts 

21 that shall govern the placement of wireless serv22 ice antenna structures on buildings and prop23 erty owned by the Federal Government; and 

24 (B) in developing the master contract, with 

25 respect to the siting of wireless service antenna 


sroberts on DSK5SPTVN1PROD with BILLS
121 

•HR 2482 IH

1 structures, standardize the treatment of the 

2 placement of wireless service antenna structures 

3 on rooftop or building facades, the placement of 

4 equipment on rooftops or inside buildings, and 

5 technology, and any other key issues that the 

6 Administrator determines appropriate. 

7 (2) APPLICABILITY.—The master contract de8 veloped by the Administrator of the General Services 

9 Administration under paragraph (1) shall apply to 

10 all publicly accessible property owned by the Federal 

11 Government, unless the Administrator decides that 

12 issues with respect to the siting of a wireless service 

13 antenna structure on a specific building or property 

14 warrant nonstandard treatment of a specific prop15 erty. 

16 (3) APPLICATION.—The Administrator of the 

17 General Services Administration shall develop a com18 mon form or set of forms for wireless service an19 tenna structure siting applications required under 

20 this section for all executive agencies that shall be 

21 used by applicants with respect to the buildings of 

22 each such agency. 


sroberts on DSK5SPTVN1PROD with BILLS
122 

•HR 2482 IH

1 TITLE VI—STUDIES ON NEXT 

2 GENERATION 9–1–1 SERVICES 

3 SEC. 601. DEFINITIONS. 

4 As used in this title, the following definitions shall 

5 apply: 

6 (1) 9–1–1 SERVICES.—The term ‘‘9–1–1 serv7 ices’’ includes both E9–1–1 services and Next Gen8 eration 9–1–1 services. 

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

10 services’’ means both phase I and phase II enhanced 

11 9–1–1 services, as described in section 20.18 of the 

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

13 effect on the date of enactment of this title, or as 

14 subsequently revised by the Commission. 

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

16 term ‘‘Next Generation 9–1–1 services’’ means an 

17 IP-based system comprised of hardware, software, 

18 data, and operational policies and procedures that— 

19 (A) provides standardized interfaces from 

20 emergency call and message services to support 

21 emergency communications; 

22 (B) processes all types of emergency calls, 

23 including voice, data, and multimedia informa24 tion; 


sroberts on DSK5SPTVN1PROD with BILLS
123 

•HR 2482 IH

1 (C) acquires and integrates additional 

2 emergency call data useful to call routing and 

3 handling; 

4 (D) delivers the emergency calls, messages, 

5 and data to the appropriate public safety an6 swering point and other appropriate emergency 

7 entities; 

8 (E) supports data or video communications 

9 needs for coordinated incident response and 

10 management; or 

11 (F) provides broadband service to public 

12 safety answering points or other first responder 

13 entities. 

14 (4) PUBLIC SAFETY ANSWERING POINT.—The 

15 term ‘‘public safety answering point’’ has the mean16 ing given the term in section 222 of the Communica17 tions Act of 1934 (47 U.S.C. 222). 

18 SEC. 602. NHTSA REPORT ON COSTS FOR REQUIREMENTS 

19 AND SPECIFICATIONS OF NEXT GENERATION 

20 9–1–1 SERVICES. 

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

22 date of enactment of this title, the Administrator of the 

23 National Highway Traffic Safety Administration, in con24 sultation with the Commission and the Secretary of Home25 land Security, shall prepare and submit a report to ConVerDate Mar 15 2010 20:32 Jul 12, 2011 Jkt 099200 PO 00000 Frm 00123 Fmt 6652 Sfmt 6201 E:\BILLS\H2482.IH H2482

sroberts on DSK5SPTVN1PROD with BILLS
124 

•HR 2482 IH

1 gress that analyzes and determines detailed costs for spe2 cific Next Generation 9–1–1 service requirements and 

3 specifications. 

4 (b) PURPOSE OF REPORT.—The purpose of the re5 port required under subsection (a) is to serve as a resource 

6 for Congress as it considers creating a coordinated, long7 term funding mechanism for the deployment and oper8 ation, accessibility, application development, equipment 

9 procurement, and training of personnel for Next Genera10 tion 9–1–1 services. 

11 (c) REQUIRED INCLUSIONS.—The report required 

12 under subsection (a) shall include the following: 

13 (1) How costs would be broken out geographi14 cally and/or allocated among public safety answering 

15 points, broadband service providers, and third-party 

16 providers of Next Generation 9–1–1 services. 

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

18 Generation 9–1–1 service readiness among public 

19 safety answering points. 

20 (3) How differences in public safety answering 

21 points’ access to broadband across the country may 

22 affect costs. 

23 (4) A technical analysis and cost study of dif24 ferent delivery platforms such as wireline, wireless, 

25 and satellite. 


sroberts on DSK5SPTVN1PROD with BILLS
125 

•HR 2482 IH

1 (5) An assessment of the architectural charac2 teristics, feasibility, and limitations of Next Genera3 tion 9–1–1 service delivery. 

4 (6) An analysis of the needs for Next Genera5 tion 9–1–1 service of persons with disabilities. 

6 (7) Standards and protocols for Next Genera7 tion 9–1–1 service and for incorporating Voice over 

8 Internet Protocol and ‘‘Real-Time Text’’ standards. 

9 SEC. 603. FCC RECOMMENDATIONS FOR LEGAL AND STATU10 TORY FRAMEWORK FOR NEXT GENERATION 

11 9–1–1 SERVICES. 

12 Not later than 1 year after the date of enactment 

13 of this title, the Commission, in coordination with the Sec14 retary of Homeland Security and the Administrator of the 

15 National Highway Traffic Safety Administration, shall 

16 prepare and submit a report to Congress that contains 

17 recommendations for the legal and statutory framework 

18 for Next Generation 9–1–1 services, consistent with rec19 ommendations in the National Broadband Plan developed 

20 by the Commission pursuant to Public Law 111–5, includ21 ing the following: 

22 (1) A legal and regulatory framework for the 

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

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

25 9–1–1 networks. 


sroberts on DSK5SPTVN1PROD with BILLS
126 

•HR 2482 IH

1 (2) Legal mechanisms to ensure efficient and 

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

3 emergency response agencies. 

4 (3) Recommendations for removing jurisdic5 tional barriers and inconsistent legacy regulations 

6 including— 

7 (A) proposals that would require States to 

8 remove regulatory roadblocks to Next Genera9 tion 9–1–1 services development, while recog10 nizing existing State authority over 9–1–1 serv11 ices; 

12 (B) eliminating outdated 9–1–1 regula13 tions at the Federal level; and 

14 (C) preempting inconsistent State regula15 tions. 

16 TITLE VII—MISCELLANEOUS 

17 SEC. 701. SEVERABILITY. 

18 If any provision of this Act or an amendment made 

19 by this Act, or the application of the provision to any per20 son or circumstance, is held to be unconstitutional, the 

21 remainder of this Act and the amendments made by this 

22 Act, and the application of the provisions of this Act and 

23 the amendments made by this Act to any other person 

24 or circumstance, shall not be affected thereby. 


sroberts on DSK5SPTVN1PROD with BILLS
127 

•HR 2482 IH

1 SEC. 702. RULE OF CONSTRUCTION. 

2 Nothing in this Act shall be construed as adding or 

3 subtracting from the authority the Commission may or 

4 may not have to regulate broadband Internet access serv5 ice. 

Æ 


sroberts on DSK5SPTVN1PROD with BILLS