IIB 
115TH CONGRESS 
2D SESSION 
H. R. 4986 
IN THE SENATE OF THE UNITED STATES 
MARCH 7, 2018 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To amend the Communications Act of 1934 to reauthorize 
appropriations for the Federal Communications Commis-
sion, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Repack Airwaves Yielding Better Access for Users of 
Modern Services Act of 2018’’ or the ‘‘RAY BAUM’S Act 
of 2018’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Commission defined. 
TITLE I—FCC REAUTHORIZATION 
Sec. 101. Authorization of appropriations. 
Sec. 102. Application and regulatory fees. 
Sec. 103. Effective date. 
TITLE II—APPLICATION OF ANTIDEFICIENCY ACT 
Sec. 201. Application of Antideficiency Act to Universal Service Program. 
TITLE III—SECURING ACCESS TO NETWORKS IN DISASTERS 
Sec. 301. Study on network resiliency. 
Sec. 302. Access to essential service providers during federally declared emer-
gencies. 
Sec. 303. Definitions. 
TITLE IV—FCC CONSOLIDATED REPORTING 
Sec. 401. Communications marketplace report. 
Sec. 402. Consolidation of redundant reports; conforming amendments. 
Sec. 403. Effect on authority. 
Sec. 404. Other reports. 
TITLE V—ADDITIONAL PROVISIONS 
Sec. 501. Independent Inspector General for FCC. 
Sec. 502. Authority of Chief Information Officer. 
Sec. 503. Spoofing prevention. 
Sec. 504. Report on promoting broadband Internet access service for veterans. 
Sec. 505. Methodology for collection of mobile service coverage data. 
Sec. 506. Accuracy of dispatchable location for 9–1–1 calls. 
Sec. 507. NTIA study on interagency process following cybersecurity incidents. 
Sec. 508. Tribal digital access. 
Sec. 509. Terms of office and vacancies. 
Sec. 510. Submission of copy of certain documents to Congress. 
Sec. 511. Joint board recommendation. 
Sec. 512. Disclaimer for press releases regarding notices of apparent liability. 
Sec. 513. Reports related to spectrum auctions. 
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TITLE VI—VIEWER PROTECTION 
Sec. 601. Reserve source for payment of TV broadcaster relocation costs. 
Sec. 602. Payment of relocation costs of television translator stations and low 
power television stations. 
Sec. 603. Payment of relocation costs of FM broadcast stations. 
Sec. 604. Consumer education payment. 
Sec. 605. Implementation and enforcement. 
Sec. 606. Rule of construction. 
TITLE VII—MOBILE NOW 
Sec. 701. Short title. 
Sec. 702. Definitions. 
Sec. 703. Identifying 255 megahertz. 
Sec. 704. Millimeter wave spectrum. 
Sec. 705. 3 gigahertz spectrum. 
Sec. 706. Broadband infrastructure deployment. 
Sec. 707. Reallocation incentives. 
Sec. 708. Bidirectional sharing study. 
Sec. 709. Unlicensed services in guard bands. 
Sec. 710. Amendments to the Spectrum Pipeline Act of 2015. 
Sec. 711. GAO assessment of unlicensed spectrum and Wi-Fi use in low-income 
neighborhoods. 
Sec. 712. Rulemaking related to partitioning or disaggregating licenses. 
Sec. 713. Unlicensed spectrum policy. 
Sec. 714. National plan for unlicensed spectrum. 
Sec. 715. Spectrum challenge prize. 
Sec. 716. Wireless telecommunications tax and fee collection fairness. 
Sec. 717. Rules of construction. 
Sec. 718. Relationship to Middle Class Tax Relief and Job Creation Act of 
2012. 
Sec. 719. No additional funds authorized. 
SEC. 2. COMMISSION DEFINED. 
In this Act, the term ‘‘Commission’’ means the Fed-
eral Communications Commission. 
TITLE I—FCC 
REAUTHORIZATION 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Section 6 of the Communications 
Act of 1934 (47 U.S.C. 156) is amended to read as fol-
lows: 
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‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) AUTHORIZATION.—There are authorized to be 
appropriated to the Commission to carry out the functions 
of the Commission $333,118,000 for fiscal year 2019 and 
$339,610,000 for fiscal year 2020. 
‘‘(b) OFFSETTING COLLECTIONS.—The sum appro-
priated in any fiscal year to carry out the activities de-
scribed in subsection (a), to the extent and in the amounts 
provided for in Appropriations Acts, shall be derived from 
fees authorized by section 9.’’. 
(b) DEPOSITS OF BIDDERS TO BE DEPOSITED IN 
TREASURY.—Section 309(j)(8)(C) of the Communications 
Act of 1934 (47 U.S.C. 309(j)(8)(C)) is amended— 
(1) in the first sentence, by striking ‘‘an inter-
est bearing account’’ and all that follows and insert-
ing ‘‘the Treasury.’’; 
(2) in clause (i)— 
(A) by striking ‘‘paid to the Treasury’’ and 
inserting ‘‘deposited in the general fund of the 
Treasury (where such deposits shall be used for 
the sole purpose of deficit reduction)’’; and 
(B) by striking the semicolon and inserting 
‘‘; and’’; 
(3) in clause (ii), by striking ‘‘; and’’ and in-
serting ‘‘, and payments representing the return of 
such deposits shall not be subject to administrative 
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offset under section 3716(c) of title 31, United 
States Code.’’; and 
(4) by striking clause (iii). 
(c) ELIMINATION OF DUPLICATIVE AUTHORIZATION 
OF APPROPRIATIONS.— 
(1) IN
GENERAL.—Section 710 of the Tele-
communications Act of 1996 (Public Law 104–104) 
is repealed. 
(2) CONFORMING AMENDMENT.—The table of 
contents in section 2 of such Act is amended by 
striking the item relating to section 710. 
(d) TRANSFER OF FUNDS.—On the effective date de-
scribed in section 103, any amounts in the account pro-
viding appropriations to carry out the functions of the 
Commission that were collected in excess of the amounts 
provided for in Appropriations Acts in any fiscal year prior 
to such date shall be transferred to the general fund of 
the Treasury of the United States for the sole purpose 
of deficit reduction. 
SEC. 102. APPLICATION AND REGULATORY FEES. 
(a) APPLICATION FEES.—Section 8 of the Commu-
nications Act of 1934 (47 U.S.C. 158) is amended to read 
as follows: 
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‘‘SEC. 8. APPLICATION FEES. 
‘‘(a) GENERAL AUTHORITY; ESTABLISHMENT
OF 
SCHEDULE.—The Commission shall assess and collect ap-
plication fees at such rates as the Commission shall estab-
lish in a schedule of application fees to recover the costs 
of the Commission to process applications. 
‘‘(b) ADJUSTMENT OF SCHEDULE.— 
‘‘(1) IN
GENERAL.—In every even-numbered 
year, the Commission shall review the schedule of 
application fees established under this section and, 
except as provided in paragraph (2), set a new 
amount for each fee in the schedule that is equal to 
the amount of the fee on the date when the fee was 
established or the date when the fee was last amend-
ed under subsection (c), whichever is later— 
‘‘(A) increased or decreased by the per-
centage change in the Consumer Price Index 
during the period beginning on such date and 
ending on the date of the review; and 
‘‘(B) rounded to the nearest $5 increment. 
‘‘(2) THRESHOLD
FOR
ADJUSTMENT.—The 
Commission may not adjust a fee under paragraph 
(1) if— 
‘‘(A) in the case of a fee the current 
amount of which is less than $200, the adjust-
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ment would result in a change in the current 
amount of less than $10; or 
‘‘(B) in the case of a fee the current 
amount of which is $200 or more, the adjust-
ment would result in a change in the current 
amount of less than 5 percent. 
‘‘(3) CURRENT
AMOUNT
DEFINED.—In para-
graph (2), the term ‘current amount’ means, with 
respect to a fee, the amount of the fee on the date 
when the fee was established, the date when the fee 
was last adjusted under paragraph (1), or the date 
when the fee was last amended under subsection (c), 
whichever is latest. 
‘‘(c) AMENDMENTS TO SCHEDULE.—In addition to 
the adjustments required by subsection (b), the Commis-
sion shall by rule amend the schedule of application fees 
established under this section if the Commission deter-
mines that the schedule requires amendment— 
‘‘(1) so that such fees reflect increases or de-
creases in the costs of processing applications at the 
Commission; or 
‘‘(2) so that such schedule reflects the consoli-
dation or addition of new categories of applications. 
‘‘(d) EXCEPTIONS.— 
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‘‘(1) PARTIES TO WHICH FEES ARE NOT APPLI-
CABLE.—The application fees established under this 
section shall not be applicable to— 
‘‘(A) a governmental entity; 
‘‘(B) a nonprofit entity licensed in the 
Local Government, Police, Fire, Highway Main-
tenance, Forestry-Conservation, Public Safety, 
or Special Emergency Radio radio services; or 
‘‘(C) a noncommercial radio station or 
noncommercial television station. 
‘‘(2) COST OF COLLECTION.—If, in the judg-
ment of the Commission, the cost of collecting an 
application fee established under this section would 
exceed the amount collected, the Commission may by 
rule eliminate such fee. 
‘‘(e) DEPOSIT OF COLLECTIONS.—Moneys received 
from application fees established under this section shall 
be deposited in the general fund of the Treasury.’’. 
(b) REGULATORY FEES.—Section 9 of the Commu-
nications Act of 1934 (47 U.S.C. 159) is amended to read 
as follows: 
‘‘SEC. 9. REGULATORY FEES. 
‘‘(a) GENERAL AUTHORITY.—The Commission shall 
assess and collect regulatory fees to recover the costs of 
carrying out the activities described in section 6(a) only 
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to the extent, and in the total amounts, provided for in 
Appropriations Acts. 
‘‘(b) ESTABLISHMENT
OF SCHEDULE.—The Com-
mission shall assess and collect regulatory fees at such 
rates as the Commission shall establish in a schedule of 
regulatory fees that will result in the collection, in each 
fiscal year, of an amount that can reasonably be expected 
to equal the amounts described in subsection (a) with re-
spect to such fiscal year. 
‘‘(c) ADJUSTMENT OF SCHEDULE.— 
‘‘(1) IN GENERAL.—For each fiscal year, the 
Commission shall by rule adjust the schedule of reg-
ulatory fees established under this section to— 
‘‘(A) reflect unexpected increases or de-
creases in the number of units subject to the 
payment of such fees; and 
‘‘(B) result in the collection of the amount 
required by subsection (b). 
‘‘(2) 
ROUNDING.—In 
making 
adjustments 
under this subsection, the Commission may round 
fees to the nearest $5 increment. 
‘‘(d) AMENDMENTS TO SCHEDULE.—In addition to 
the adjustments required by subsection (c), the Commis-
sion shall by rule amend the schedule of regulatory fees 
established under this section if the Commission deter-
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mines that the schedule requires amendment so that such 
fees reflect the full-time equivalent number of employees 
within the bureaus and offices of the Commission, ad-
justed to take into account factors that are reasonably re-
lated to the benefits provided to the payor of the fee by 
the Commission’s activities. In making an amendment 
under this subsection, the Commission may not change the 
total amount of regulatory fees required by subsection (b) 
to be collected in a fiscal year. 
‘‘(e) EXCEPTIONS.— 
‘‘(1) PARTIES TO WHICH FEES ARE NOT APPLI-
CABLE.—The regulatory fees established under this 
section shall not be applicable to— 
‘‘(A) a governmental entity or nonprofit 
entity; 
‘‘(B) an amateur radio operator licensee 
under part 97 of the Commission’s rules (47 
CFR part 97); or 
‘‘(C) a noncommercial radio station or 
noncommercial television station. 
‘‘(2) COST OF COLLECTION.—If, in the judg-
ment of the Commission, the cost of collecting a reg-
ulatory fee established under this section from a 
party would exceed the amount collected from such 
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party, the Commission may exempt such party from 
paying such fee. 
‘‘(f) DEPOSIT OF COLLECTIONS.— 
‘‘(1) IN GENERAL.—Amounts received from fees 
authorized by this section shall be deposited as an 
offsetting collection in, and credited to, the account 
through which funds are made available to carry out 
the activities described in section 6(a). 
‘‘(2) DEPOSIT OF EXCESS COLLECTIONS.—Any 
regulatory fees collected in excess of the total 
amount of fees provided for in Appropriations Acts 
for a fiscal year shall be deposited in the general 
fund of the Treasury of the United States for the 
sole purpose of deficit reduction.’’. 
(c) PROVISIONS APPLICABLE TO APPLICATION AND 
REGULATORY FEES.—Title I of the Communications Act 
of 1934 (47 U.S.C. 151 et seq.) is amended by inserting 
after section 9 the following: 
‘‘SEC. 9A. PROVISIONS APPLICABLE TO APPLICATION AND 
REGULATORY FEES. 
‘‘(a) JUDICIAL REVIEW PROHIBITED.—Any adjust-
ment or amendment to a schedule of fees under subsection 
(b) or (c) of section 8 or subsection (c) or (d) of section 
9 is not subject to judicial review. 
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‘‘(b) NOTICE TO CONGRESS.—The Commission shall 
transmit to Congress notification— 
‘‘(1) of any adjustment under section 8(b) or 
9(c) immediately upon the adoption of such adjust-
ment; and 
‘‘(2) of any amendment under section 8(c) or 
9(d) not later than 90 days before the effective date 
of such amendment. 
‘‘(c) ENFORCEMENT.— 
‘‘(1) PENALTIES
FOR
LATE
PAYMENT.—The 
Commission shall by rule prescribe an additional 
penalty for late payment of fees under section 8 or 
9. Such additional penalty shall be 25 percent of the 
amount of the fee that was not paid in a timely 
manner. 
‘‘(2) INTEREST
ON
UNPAID
FEES
AND
PEN-
ALTIES.—The Commission shall charge interest, at a 
rate determined under section 3717 of title 31, 
United States Code, on a fee under section 8 or 9 
or an additional penalty under this subsection that 
is not paid in a timely manner. Such section 3717 
shall not otherwise apply with respect to such a fee 
or penalty. 
‘‘(3) DISMISSAL
OF
APPLICATIONS
OR
FIL-
INGS.—The Commission may dismiss any applica-
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tion or other filing for failure to pay in a timely 
manner any fee under section 8 or 9 or any interest 
or additional penalty under this subsection. 
‘‘(4) REVOCATIONS.— 
‘‘(A) IN GENERAL.—In addition to or in 
lieu of the penalties and dismissals authorized 
by this subsection, the Commission may revoke 
any instrument of authorization held by any li-
censee that has not paid in a timely manner a 
regulatory fee assessed under section 9 or any 
related interest or penalty. 
‘‘(B) NOTICE.—Revocation action may be 
taken by the Commission under this paragraph 
after notice of the Commission’s intent to take 
such action is sent to the licensee by registered 
mail, return receipt requested, at the licensee’s 
last known address. The notice shall provide the 
licensee at least 30 days to either pay the fee, 
interest, and any penalty or show cause why the 
fee, interest, or penalty does not apply to the li-
censee or should otherwise be waived or pay-
ment deferred. 
‘‘(C) HEARING.— 
‘‘(i) GENERALLY NOT REQUIRED.—A 
hearing is not required under this para-
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graph unless the licensee’s response pre-
sents a substantial and material question 
of fact. 
‘‘(ii) EVIDENCE
AND
BURDENS.—In 
any case where a hearing is conducted 
under this paragraph, the hearing shall be 
based on written evidence only, and the 
burden of proceeding with the introduction 
of evidence and the burden of proof shall 
be on the licensee. 
‘‘(iii) COSTS.—Unless the licensee 
substantially prevails in the hearing, the 
Commission may assess the licensee for the 
costs of such hearing. 
‘‘(D) OPPORTUNITY
TO
PAY
PRIOR
TO 
REVOCATION.—Any Commission order adopted 
under this paragraph shall determine the 
amount due, if any, and provide the licensee 
with at least 30 days to pay that amount or 
have its authorization revoked. 
‘‘(E) FINALITY.—No order of revocation 
under this paragraph shall become final until 
the licensee has exhausted its right to judicial 
review of such order under section 402(b)(5). 
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