IB 
Union Calendar No. 421 
116TH CONGRESS 
2D SESSION 
H. R. 451 
[Report No. 116–521] 
To repeal the section of the Middle Class Tax Relief and Job Creation 
Act of 2012 that requires the Federal Communications Commission to 
reallocate and auction the T-Band spectrum. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 10, 2019 
Mr. ENGEL (for himself, Mr. ZELDIN, Mr. GREEN of Texas, and Mr. KING 
of New York) introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
SEPTEMBER 18, 2020 
Additional sponsors: Mr. ROSE of New York, Mrs. LOWEY, Mr. SCHIFF, Mrs. 
TORRES of California, Mr. LYNCH, Mrs. NAPOLITANO, Mr. PASCRELL, 
Mr. MOULTON, Ms. VELA´ZQUEZ, Mrs. CAROLYN B. MALONEY of New 
York, Ms. MENG, Miss RICE of New York, Ms. NORTON, Ms. JACKSON 
LEE, Mr. ESPAILLAT, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. 
SUOZZI, Mr. LAMB, Mr. VAN DREW, Mr. GOTTHEIMER, and Mr. NEGUSE 
VerDate Sep 11 2014 
01:02 Sep 19, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H451.RH
H451
kjohnson on DSK79L0C42PROD with BILLS
SEPTEMBER 18, 2020 
Reported with amendments; committed to the Committee of the Whole House 
on the State of the Union and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on January 10, 2019] 
A BILL 
To repeal the section of the Middle Class Tax Relief and 
Job Creation Act of 2012 that requires the Federal 
Communications Commission to reallocate and auction 
the T-Band spectrum. 
VerDate Sep 11 2014 
01:02 Sep 19, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H451.RH
H451
kjohnson on DSK79L0C42PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Don’t Break Up the 
T-Band Act of 2020’’. 
SEC. 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) is 
repealed. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is amended by striking the item 
relating to section 6103. 
SEC. 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) is amended— 
(1) in subsection (f)— 
(A) in paragraph (1), by striking ‘‘as speci-
fied in the provision of State or local law adopt-
ing the fee or charge’’ and inserting ‘‘consistent 
with the purposes and functions designated in 
the final rules issued under paragraph (3) as 
purposes and functions for which the obligation 
VerDate Sep 11 2014 
01:02 Sep 19, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H451.RH
H451
kjohnson on DSK79L0C42PROD with BILLS
or expenditure of such a fee or charge is accept-
able’’; 
(B) in paragraph (2), by striking ‘‘any 
purpose other than the purpose for which any 
such fees or charges are specified’’ and inserting 
‘‘any purpose or function other than the pur-
poses 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’’; and 
(C) by adding at the end the following: 
‘‘(3) ACCEPTABLE
OBLIGATIONS
OR
EXPENDI-
TURES.— 
‘‘(A) RULES REQUIRED.—In order to pre-
vent diversion of 9–1–1 fees or charges, the Com-
mission 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 juris-
diction authorized to impose such a fee or 
charge, is acceptable. 
‘‘(B) PURPOSES AND FUNCTIONS.—The pur-
poses and functions designated under subpara-
graph (A) shall be limited to the support and 
VerDate Sep 11 2014 
01:02 Sep 19, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H451.RH
H451
kjohnson on DSK79L0C42PROD with BILLS
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 deter-
mine whether such purposes and functions di-
rectly support providing 9–1–1 services. 
‘‘(C) CONSULTATION REQUIRED.—The Com-
mission shall consult with public safety organi-
zations 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’ means a fee or 
charge applicable to commercial mobile 
services or IP-enabled voice services specifi-
cally designated by a State or taxing juris-
diction for the support or implementation of 
9–1–1 services. 
VerDate Sep 11 2014 
01:02 Sep 19, 2020
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H451.RH
H451
kjohnson on DSK79L0C42PROD with BILLS
‘‘(ii) 9–1–1 SERVICES.—The term ‘9– 
1–1 services’ has the meaning given such 
term in section 158(e) of the National Tele-
communications and Information Adminis-
tration 
Organization 
Act 
(47 
U.S.C. 
942(e)). 
‘‘(iii) STATE
OR
TAXING
JURISDIC-
TION.—The term ‘State or taxing jurisdic-
tion’ means a State, political subdivision 
thereof, Indian Tribe, or village or regional 
corporation serving a region established 
pursuant to the Alaska Native Claims Set-
tlement Act (43 U.S.C. 1601 et seq.). 
‘‘(4) PARTICIPATION.—If a State or taxing juris-
diction (as defined in paragraph (3)(D)) receives a 
grant under section 158 of the National Tele-
communications and Information Administration Or-
ganization Act (47 U.S.C. 942) after the date of the 
enactment of this paragraph, such State or taxing ju-
risdiction shall, as a condition of receiving such 
grant, provide the information requested by the Com-
mission to prepare the report required by paragraph 
(2). 
‘‘(5) PETITION
REGARDING
ADDITIONAL
PUR-
POSES AND FUNCTIONS.— 
VerDate Sep 11 2014 
01:02 Sep 19, 2020
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H451.RH
H451
kjohnson on DSK79L0C42PROD with BILLS
‘‘(A) IN GENERAL.—A State or taxing juris-
diction (as defined in paragraph (3)(D)) may 
submit to the Commission a petition for a deter-
mination that an obligation or expenditure of a 
9–1–1 fee or charge (as defined in such para-
graph) 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 documenta-
tion to make the demonstration described in sub-
paragraph (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 respond-
ers.’’; and 
VerDate Sep 11 2014 
01:02 Sep 19, 2020
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H451.RH
H451
kjohnson on DSK79L0C42PROD with BILLS
(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 cir-
cumstance is held invalid, the remainder of this section and 
the application of such provision to other persons or cir-
cumstances shall not be affected thereby.’’. 
SEC. 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 im-
pact of any underfunding of 9–1–1 services in the State 
or taxing jurisdiction, to the interagency strike force estab-
lished 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)) 
that is required to be submitted after the date that is 1 year 
after the date of the enactment of this Act, the Commission 
shall include in each report required under such section all 
evidence that suggests the diversion by a State or taxing 
jurisdiction of 9–1–1 fees or charges, including any infor-
mation regarding the impact of any underfunding of 9– 
1–1 services in the State or taxing jurisdiction. 
VerDate Sep 11 2014 
01:02 Sep 19, 2020
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H451.RH
H451
kjohnson on DSK79L0C42PROD with BILLS
(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 Com-
mission shall establish an interagency strike force to 
study how the Federal Government can most expedi-
tiously 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’’ (in this section referred to as the 
‘‘Strike Force’’). 
(2) DUTIES.—In carrying out the study under 
paragraph (1), the Strike Force shall— 
(A) determine the effectiveness of any Fed-
eral laws, including regulations, policies, and 
practices, or budgetary or jurisdictional con-
straints 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. 
VerDate Sep 11 2014 
01:02 Sep 19, 2020
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H451.RH
H451
kjohnson on DSK79L0C42PROD with BILLS
(3) MEMBERS.—The Strike Force shall be com-
posed of such representatives of Federal departments 
and agencies as the Commission considers appro-
priate, 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 con-
sumers; and 
(G) groups representing public safety an-
swering 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 Com-
mission and submit to the Committee on Energy and 
Commerce of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the findings of the 
study under this subsection, including— 
VerDate Sep 11 2014 
01:02 Sep 19, 2020
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H451.RH
H451
kjohnson on DSK79L0C42PROD with BILLS
(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)) as engaging in diver-
sion of 9–1–1 fees or charges shall be ineligible to partici-
pate or send a representative to serve on any committee, 
panel, or council established under section 6205(a) of the 
Middle Class Tax Relief and Job Creation Act of 2012 (47 
U.S.C. 1425(a)) or any advisory committee established by 
the Commission. 
SEC. 5. RULE OF CONSTRUCTION. 
Nothing in this Act, the Wireless Communications and 
Public Safety Act of 1999 (Public Law 106–81), or the 
Communications Act of 1934 (47 U.S.C. 151 et seq.) shall 
VerDate Sep 11 2014 
01:02 Sep 19, 2020
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H451.RH
H451
kjohnson on DSK79L0C42PROD with BILLS
be construed to prevent a State or taxing jurisdiction from 
requiring an annual audit of the books and records of a 
provider of 9–1–1 services concerning the collection and re-
mittance of a 9–1–1 fee or charge. 
SEC. 6. DEFINITIONS. 
In this Act: 
(1) 9–1–1 FEE OR CHARGE.—The term ‘‘9–1–1 
fee or charge’’ has the meaning given such term in 
subparagraph (D) of paragraph (3) of section 6(f) of 
the Wireless Communications and Public Safety Act 
of 1999, as added by this Act. 
(2) 9–1–1 SERVICES.—The term ‘‘9–1–1 serv-
ices’’ has the meaning given such term in section 
158(e) of the National Telecommunications and Infor-
mation Administration Organization Act (47 U.S.C. 
942(e)). 
(3) 
COMMISSION.—The 
term 
‘‘Commission’’ 
means the Federal Communications Commission. 
(4) DIVERSION.—The term ‘‘diversion’’ means, 
with respect to a 9–1–1 fee or charge, the obligation 
or expenditure of such fee or charge for a purpose or 
function other than the purposes and functions des-
ignated in the final rules issued under paragraph (3) 
of section 6(f) of the Wireless Communications and 
Public Safety Act of 1999, as added by this Act, as 
VerDate Sep 11 2014 
01:02 Sep 19, 2020
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H451.RH
H451
kjohnson on DSK79L0C42PROD with BILLS
purposes and functions for which the obligation or ex-
penditure of such a fee or charge is acceptable. 
(5) STATE OR TAXING JURISDICTION.—The term 
‘‘State or taxing jurisdiction’’ has the meaning given 
such term in subparagraph (D) of paragraph (3) of 
section 6(f) of the Wireless Communications and Pub-
lic Safety Act of 1999, as added by this Act. 
Amend the title so as to read: ‘‘A bill to repeal the 
requirement to reallocate and auction the T-Band spec-
trum, to amend the Wireless Communications and Public 
Safety Act of 1999 to clarify acceptable 9–1–1 obliga-
tions or expenditures, and for other purposes.’’. 
VerDate Sep 11 2014 
01:02 Sep 19, 2020
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H451.RH
H451
kjohnson on DSK79L0C42PROD with BILLS
Union Calendar No. 421 
116TH CONGRESS 
2D SESSION 
H. R. 451 
[Report No. 116–521] 
A BILL 
To repeal the section of the Middle Class Tax Re-
lief and Job Creation Act of 2012 that requires 
the Federal Communications Commission to re-
allocate and auction the T-Band spectrum. 
SEPTEMBER 18, 2020 
Reported with amendments; committed to the Committee 
of the Whole House on the State of the Union and or-
dered to be printed 
VerDate Sep 11 2014 
01:02 Sep 19, 2020
Jkt 099200
PO 00000
Frm 00014
Fmt 6651
Sfmt 6651
E:\BILLS\H451.RH
H451
kjohnson on DSK79L0C42PROD with BILLS