Don't Break Up the T-Band Act of 2020

To repeal the section of the Middle Class Tax Relief and Job Creation Act of 2012 that requires the Federal Communications Commission to reallocate and auction the T-Band spectrum. 1. Short title This Act may be cited as the Don’t Break Up the T-Band Act of 2020 2. Repeal of requirement to reallocate and auction T-Band spectrum (a) Repeal Section 6103 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1413 (b) Clerical amendment The table of contents in section 1(b) of such Act is amended by striking the item relating to section 6103. 3. Clarifying acceptable 9–1–1 obligations or expenditures Section 6 of the Wireless Communications and Public Safety Act of 1999 ( 47 U.S.C. 615a–1 (1) in subsection (f)— (A) in paragraph (1), by striking as specified in the provision of State or local law adopting the fee or charge consistent with the purposes and functions designated in the final rules issued under paragraph (3) as purposes and functions for which the obligation or expenditure of such a fee or charge is acceptable (B) in paragraph (2), by striking any purpose other than the purpose for which any such fees or charges are specified any purpose or function other than the purposes and functions designated in the final rules issued under paragraph (3) as purposes and functions for which the obligation or expenditure of any such fees or charges is acceptable (C) by adding at the end the following: (3) Acceptable obligations or expenditures (A) Rules required In order to prevent diversion of 9–1–1 fees or charges, the Commission shall, not later than 180 days after the date of the enactment of this paragraph, issue final rules designating purposes and functions for which the obligation or expenditure of 9–1–1 fees or charges, by any State or taxing jurisdiction authorized to impose such a fee or charge, is acceptable. (B) Purposes and functions The purposes and functions designated under subparagraph (A) shall be limited to the support and implementation of 9–1–1 services provided by or in the State or taxing jurisdiction imposing the fee or charge and operational expenses of public safety answering points within such State or taxing jurisdiction. In designating such purposes and functions, the Commission shall consider the purposes and functions that States and taxing jurisdictions specify as the intended purposes and functions for the 9–1–1 fees or charges of such States and taxing jurisdictions, and determine whether such purposes and functions directly support providing 9–1–1 services. (C) Consultation required The Commission shall consult with public safety organizations and States and taxing jurisdictions as part of any proceeding under this paragraph. (D) Definitions In this paragraph: (i) 9–1–1 fee or charge The term 9–1–1 fee or charge (ii) 9–1–1 services The term 9–1–1 services 47 U.S.C. 942(e) (iii) State or taxing jurisdiction The term State or taxing jurisdiction 43 U.S.C. 1601 (4) Participation If a State or taxing jurisdiction (as defined in paragraph (3)(D)) receives a grant under section 158 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 942 (5) Petition regarding additional purposes and functions (A) In general A State or taxing jurisdiction (as defined in paragraph (3)(D)) may submit to the Commission a petition for a determination that an obligation or expenditure of a 9–1–1 fee or charge (as defined in such paragraph) by such State or taxing jurisdiction for a purpose or function other than a purpose or function designated under paragraph (3)(A) should be treated as such a purpose or function. If the Commission finds that the State or taxing jurisdiction has provided sufficient documentation to make the demonstration described in subparagraph (B), the Commission shall grant such petition. (B) Demonstration described The demonstration described in this subparagraph is a demonstration that the purpose or function— (i) supports public safety answering point functions or operations; or (ii) has a direct impact on the ability of a public safety answering point to— (I) receive or respond to 9–1–1 calls; or (II) dispatch emergency responders. ; and (2) by adding at the end the following: (j) Severability clause If any provision of this section or the application thereof to any person or circumstance is held invalid, the remainder of this section and the application of such provision to other persons or circumstances shall not be affected thereby. . 4. Prohibition on 9–1–1 fee or charge diversion (a) In general If the Commission obtains evidence that suggests the diversion by a State or taxing jurisdiction of 9–1–1 fees or charges, the Commission shall submit such information, including any information regarding the impact of any underfunding of 9–1–1 services in the State or taxing jurisdiction, to the interagency strike force established under subsection (c). (b) Report to Congress Beginning with the first report under section 6(f)(2) of the Wireless Communications and Public Safety Act of 1999 ( 47 U.S.C. 615a–1(f)(2) (c) Interagency strike force to end 9–1–1 fee or charge diversion (1) Establishment Not later than 180 days after the date of the enactment of this Act, the Commission shall establish an interagency strike force to study how the Federal Government can most expeditiously end diversion by a State or taxing jurisdiction of 9–1–1 fees or charges. Such interagency strike force shall be known as the Ending 9–1–1 Fee Diversion Now Strike Force Strike Force (2) Duties In carrying out the study under paragraph (1), the Strike Force shall— (A) determine the effectiveness of any Federal laws, including regulations, policies, and practices, or budgetary or jurisdictional constraints regarding how the Federal Government can most expeditiously end diversion by a State or taxing jurisdiction of 9–1–1 fees or charges; (B) consider whether criminal penalties would further prevent diversion by a State or taxing jurisdiction of 9–1–1 fees or charges; and (C) determine the impacts of diversion by a State or taxing jurisdiction of 9–1–1 fees or charges. (3) Members The Strike Force shall be composed of such representatives of Federal departments and agencies as the Commission considers appropriate, in addition to— (A) State attorneys general; (B) States or taxing jurisdictions found not to be engaging in diversion of 9–1–1 fees or charges; (C) States or taxing jurisdictions trying to stop the diversion of 9–1–1 fees or charges; (D) State 9–1–1 administrators; (E) public safety organizations; (F) groups representing the public and consumers; and (G) groups representing public safety answering point professionals. (4) Report to Congress Not later than 270 days after the date of the enactment of this Act, the Strike Force shall publish on the website of the Commission and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the findings of the study under this subsection, including— (A) any recommendations regarding how to most expeditiously end the diversion by a State or taxing jurisdiction of 9–1–1 fees or charges, including actions that can be taken by Federal departments and agencies and appropriate changes to law or regulations; and (B) a description of what progress, if any, relevant Federal departments and agencies have made in implementing the recommendations under subparagraph (A). (d) Failure to comply Notwithstanding any other provision of law, any State or taxing jurisdiction identified by the Commission in the report required under section 6(f)(2) of the Wireless Communications and Public Safety Act of 1999 ( 47 U.S.C. 615a–1(f)(2) 47 U.S.C. 1425(a) 5. Rule of construction Nothing in this Act, the Wireless Communications and Public Safety Act of 1999 ( Public Law 106–81 47 U.S.C. 151 6. Definitions In this Act: (1) 9–1–1 fee or charge The term 9–1–1 fee or charge (2) 9–1–1 services The term 9–1–1 services 47 U.S.C. 942(e) (3) Commission The term Commission (4) Diversion The term diversion (5) State or taxing jurisdiction The term State or taxing jurisdiction Amend the title so as to read: A bill to repeal the requirement to reallocate and auction the T-Band spectrum, to amend the Wireless Communications and Public Safety Act of 1999 to clarify acceptable 9–1–1 obligations or expenditures, and for other purposes. September 18, 2020 Reported with amendments; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Summary: Don't Break Up the T-Band Act of 2020 This bill repeals a provision requiring the reallocation of spectrum currently used by public safety entities and otherwise addresses 9–1–1 fees and charges collected for the purpose of supporting 9–1–1 services. Specifically, the bill repeals the requirement for the Federal Communications Commission (FCC) to reallocate and auction the 470-512 MHz band (referred to as the T-Band spectrum). The T-Band spectrum is a frequency range currently utilized by public safety entities in certain urban areas. The bill also requires the FCC to issue rules designating acceptable purposes and functions for the obligation or expenditure of 9–1–1 fees or charges. Such purposes and functions shall be limited to the support and implementation of 9–1–1 services and the operational expenses of public safety answering points (i.e., the points where emergency calls are routed), but a state or taxing jurisdiction may petition the FCC for a determination that other purposes or functions should be treated as acceptable purposes or functions. In addition, the bill establishes the Ending 9–1–1 Fee Diversion Now Strike Force, to which the FCC must submit any evidence it obtains that a state or taxing jurisdiction is diverting 9–1–1 fees or charges. The strike force must (1) study how the federal government can end such diversion through a determination of the effectiveness of laws and other constraints, (2) consider whether criminal penalties should be implemented to prevent further diversion, and (3) determine the impacts of such diversion.