General, has been carried on or made with-
out the authority of law. 
(j) ANNUAL REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and each year 
thereafter, the Corporation shall submit an annual 
report covering the preceding fiscal year to the ap-
propriate committees of Congress. 
(2) REQUIRED CONTENT.—The report required 
under paragraph (1) shall include— 
(A) a comprehensive and detailed report of 
the operations, activities, financial condition, 
and accomplishments of the Corporation under 
this section; 
(B) an analysis of the continued need for 
the Program Management Office and opportu-
nities for reductions in staffing levels or scope 
of work in light of progress made in network 
deployment, including the requests for pro-
posals process; and 
(C) such recommendations or proposals for 
legislative or administrative action as the Cor-
poration considers appropriate. 
(3) AVAILABILITY TO TESTIFY.—The directors, 
employees, and agents and the Chief Executive Offi-
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cer of the Corporation shall be available to testify 
before the appropriate committees of the Congress 
with respect to— 
(A) the report required under paragraph 
(1); 
(B) the report of any audit made by the 
Comptroller General under subsection (i); or 
(C) any other matter which such commit-
tees may consider appropriate. 
(k) PROHIBITION
AGAINST
NEGOTIATION
WITH 
FOREIGN GOVERNMENTS.—The Corporation may not ne-
gotiate or enter into any agreements with a foreign gov-
ernment on behalf of the United States. 
(l) USE OF MAILS.—The Corporation may use the 
United States mails in the same manner and under the 
same conditions as the departments and agencies of the 
United States. 
SEC. 202. PUBLIC SAFETY BROADBAND NETWORK. 
(a) ESTABLISHMENT.—The Corporation shall ensure 
the establishment of a nationwide, interoperable public 
safety broadband network. 
(b) NETWORK COMPONENTS.—The public safety 
broadband network shall be based on a single, national 
network architecture that evolves with technological ad-
vancements and initially consists of the following: 
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(1) A core network that— 
(A) consists of national and regional data 
centers, and other elements and functions that 
may be distributed geographically, all of which 
shall be based on commercial standards; and 
(B) provides the connectivity between— 
(i) the radio access network; and 
(ii) the public Internet or the public 
switched network, or both. 
(2) A radio access network that— 
(A) is deployed on a State-by-State or 
multi-State basis; 
(B) consists of all cell site equipment, an-
tennas, and backhaul equipment, based on com-
mercial standards, that are required to enable 
wireless communications with devices using the 
public safety broadband spectrum; and 
(C) shall be developed, constructed, man-
aged, maintained, and operated taking into ac-
count the plans developed in the State, local, 
and tribal planning and implementation grant 
program under section 212. 
(c) DEPLOYMENT STANDARDS.—The Corporation 
shall, through the administration of the requests-for-pro-
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posals process and oversight of contracts delegated to the 
Program Management Office— 
(1) ensure that the core network and the radio 
access network are deployed as networks are typi-
cally deployed by commercial mobile data service 
providers; 
(2) promote competition in the public safety 
equipment market by requiring that equipment for 
use on the public safety broadband network be— 
(A) built to open, nonproprietary, commer-
cial standards; 
(B) capable of being used by any public 
safety entity and accessed by devices manufac-
tured by multiple vendors; and 
(C) backward-compatible with prior gen-
erations of commercial mobile service and com-
mercial mobile data service networks to the ex-
tent typically deployed by providers of commer-
cial mobile service and commercial mobile data 
service; and 
(3) ensure that the public safety broadband net-
work is integrated with public safety answering 
points, or the equivalent of public safety answering 
points, and with networks for the provision of Next 
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Generation 9–1–1 services (as defined in section 
231). 
(d) PROCUREMENT.—In all procurement related to 
the core network and the radio access network, the Cor-
poration shall use an open, competitive bidding process 
that— 
(1) details the required framework and architec-
ture of such networks, the general specifications of 
the work requested, and the service-delivery respon-
sibilities of successful bidders; 
(2) provides for the award of subcontracts; and 
(3) prohibits, except in the case of minor up-
grades— 
(A) sole-source contracts; and 
(B) requirements for design proprietary to 
any individual vendor. 
(e) NETWORK INFRASTRUCTURE AND DEVICE CRI-
TERIA.—The Director of NIST, in consultation with the 
Corporation and the Commission, shall develop and peri-
odically update a list of approved devices and components 
meeting appropriate protocols and standards. A device or 
component may not be used on the public safety 
broadband network unless it appears on such list. 
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SEC. 203. PROGRAM MANAGEMENT OFFICE. 
(a) ESTABLISHMENT.—The Corporation shall estab-
lish and staff a Program Management Office within the 
Corporation, or award a network management services 
contract to a private entity to establish and staff such an 
office. Any such contract shall be awarded through an 
open, competitive bidding process and shall be subject to 
approval by the Secretary of Commerce. 
(b) ACCOUNTABILITY.—The actions of the Program 
Management Office shall be subject to review by the Cor-
poration. 
(c) INDEPENDENCE.—For the duration of any con-
tract between the Program Management Office and the 
Corporation, the Program Management Office may not 
have a material financial interest in the outcome of any 
request for proposals of the Corporation or a material fi-
nancial interest in any contract or agreement entered into 
by the Corporation. 
(d) DUTIES.—Subject to the determination of the 
Corporation of the continuing need and appropriate scale 
of the Program Management Office, the Program Man-
agement Office shall— 
(1) be responsible for carrying out the day-to- 
day activities of the Corporation, including ensuring 
uniformity of deployments of and upgrades to the 
public safety broadband network to preserve nation-
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(7) in consultation with State Public Safety 
Broadband Offices, the Office of Emergency Com-
munications in the Department of Homeland Secu-
rity, and the Commission, implement an awareness 
campaign in order to stimulate nationwide adoption 
of the public safety broadband network by public 
safety entities; 
(8) in consultation with State Public Safety 
Broadband Offices, assess the progress of the con-
struction 
and 
adoption 
of 
the 
public 
safety 
broadband network and report to the Corporation 
regarding such progress at such intervals as the 
Corporation requests, but no less frequently than bi-
annually; and 
(9) in consultation with State Public Safety 
Broadband Offices, develop a strategy for the Cor-
poration on the distribution of public funding pro-
vided under section 401(b)(4) for the construction, 
management, maintenance, and operation of the 
public safety broadband network. 
(e) DEVELOPMENT AND EVALUATION OF REQUESTS 
FOR PROPOSALS.—In developing requests for proposals 
with respect to the core network and the radio access net-
work, the Program Management Office shall, on a State- 
by-State or multi-State basis, seek proposals and rec-
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ommend for acceptance by the Corporation proposals 
that— 
(1) are based on commercial standards and are 
backward-compatible with existing commercial mo-
bile service and commercial mobile data service net-
works; 
(2) maximize use of existing infrastructure of 
commercial entities and of Federal, State, and tribal 
entities, including existing public safety infrastruc-
ture; 
(3) provide for the selection on a localized basis 
of network options that remain consistent with the 
national network architecture; 
(4) incorporate deployable network assets, ve-
hicular repeaters, and other equipment as a means 
to provide additional coverage and capacity as may 
be required; 
(5) ensure a nationwide level of interoperability; 
(6) provide economies of scale in equipment and 
device costs comparable to those in the commercial 
marketplace, including the costs of devices capable 
of operating in Band Class 14; 
(7) promote competition in the network equip-
ment and device markets; 
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(8) ensure coverage of rural and underserved 
areas; 
(9) take into account the need for the relocation 
of any incumbent public safety narrowband oper-
ations from the public safety broadband spectrum; 
(10) enable technology upgrades at a pace com-
parable to that occurring in the commercial mobile 
service and commercial mobile data service market-
places; 
(11) ensure the reliability, security, and resil-
iency of the network, including through measures 
for— 
(A) protecting and monitoring the cyberse-
curity of the network; and 
(B) managing supply chain risks to the 
network; and 
(12) incorporate results from the 700 MHz 
demonstration network managed by the Public Safe-
ty Communications Research Program. 
(f) CONSULTATION WITH TECHNICAL AND OPER-
ATIONS ADVISORY BODY.—In carrying out its responsibil-
ities, the Program Management Office shall regularly meet 
and consult with the Technical and Operations Advisory 
Body established under section 201(h). 
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SEC. 204. REPRESENTATION BEFORE STANDARDS SETTING 
ENTITIES. 
The Corporation, in consultation with the Director of 
NIST, the Commission, and the Technical and Operations 
Advisory Body established under section 201(h), shall rep-
resent the interests of Federal departments and agencies 
and public safety entities using the public safety 
broadband network before any appropriate standards de-
velopment organizations that address issues that in the 
judgment of the Corporation are relevant and important 
to the public safety broadband network. 
SEC. 205. GAO REPORT ON SATELLITE BROADBAND. 
Not later than 2 years after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall conduct a study and submit to the appropriate 
committees of Congress a report on the current and future 
capabilities of fixed and mobile satellite broadband for use 
by public safety entities. 
SEC. 206. ACCESS TO FEDERAL SUPPLY SCHEDULES. 
Section 502 of title 40, United States Code, is 
amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing new subsection: 
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‘‘(f) USE OF SUPPLY SCHEDULES BY PUBLIC SAFE-
TY BROADBAND CORPORATION FOR CERTAIN GOODS AND 
SERVICES.— 
‘‘(1) IN
GENERAL.—The Administrator may 
provide, to the extent practicable, for the use by the 
Public Safety Broadband Corporation of Federal 
supply schedules for the following: 
‘‘(A) Roaming and priority access services 
offered by providers of commercial mobile serv-
ice and commercial mobile data service. 
‘‘(B) Broadband network equipment, de-
vices, and applications that are suitable for use 
on the public safety broadband network. 
‘‘(2) DEFINITIONS.—In this subsection— 
‘‘(A) the terms ‘commercial mobile data 
service’ and ‘public safety broadband network’ 
have the meanings given such terms in section 
2 of the Wireless Innovation and Public Safety 
Act of 2011; 
‘‘(B) the term ‘commercial mobile service’ 
has the meaning given such term in section 
332(d)(1) of the Communications Act of 1934 
(47 U.S.C. 332(d)(1)); and 
‘‘(C) the term ‘Public Safety Broadband 
Corporation’ means the corporation established 
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under section 201(a)(1) of the Wireless Innova-
tion and Public Safety Act of 2011.’’. 
SEC. 207. FEDERAL INFRASTRUCTURE SHARING. 
The Administrator of General Services shall establish 
rules to allow the Corporation, on behalf of public safety 
entities, to have access to such components of Federal in-
frastructure as are appropriate for the construction and 
maintenance of the public safety broadband network. 
SEC. 208. INITIAL FUNDING FOR CORPORATION. 
(a) IN GENERAL.—There is appropriated to the As-
sistant Secretary $50,000,000 for use in accordance with 
subsection (b), to remain available until the commence-
ment of incentive auctions to be carried out under sub-
paragraph (G) of section 309(j)(8) of the Communications 
Act of 1934, as added by section 302(a), or the auction 
of spectrum pursuant to subsection (a)(1) or (b)(1) of sec-
tion 301. 
(b) USE OF FUNDS.—The Assistant Secretary shall 
use the funds appropriated under subsection (a)— 
(1) for reasonable administrative expenses and 
other costs associated with the establishment of the 
Corporation; and 
(2) subject to subsection (c), for transfer to the 
Corporation of an amount the Assistant Secretary 
considers necessary for the Corporation to carry out 
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its duties and responsibilities under this title and 
title I prior to the 1st fiscal year for which the Cor-
poration projects that the fees collected under sec-
tion 209 will be sufficient to cover the total expenses 
of the Corporation for such fiscal year. 
(c) CONDITIONS.—The Assistant Secretary may not 
transfer any funds under subsection (b)(2) unless the Cor-
poration files with the Assistant Secretary— 
(1) an estimated budget for the period between 
the filing and the beginning of the 1st fiscal year for 
which the Corporation projects that the fees col-
lected under section 209 will be sufficient to cover 
the total expenses of the Corporation for such fiscal 
year; and 
(2) a statement of the anticipated use of the 
funds transferred. 
(d) REINVESTMENT OF EXCESS FUNDS.—Beginning 
with the 1st fiscal year in which the Corporation collects 
fees under section 209 in excess of the total expenses of 
the Corporation in carrying out its duties and responsibil-
ities under this title and title I for such fiscal year, the 
Corporation shall use any remaining amount of the funds 
transferred under subsection (b)(2) only to ensure the con-
struction, management, maintenance, and operation of the 
public safety broadband network. 
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SEC. 209. PERMANENT SELF-FUNDING OF CORPORATION 
AND DUTY TO COLLECT CERTAIN FEES. 
(a) IN GENERAL.—The Corporation is authorized to 
assess and collect the following fees: 
(1) NETWORK USER FEES.—A user or subscrip-
tion fee from each public safety entity and Federal 
department or agency that seeks access to or use of 
the public safety broadband network. 
(2) SHARING ARRANGEMENT FEES.—A fee from 
each entity with which the Corporation enters into 
a sharing arrangement under section 104. 
(b) ESTABLISHMENT OF FEE AMOUNTS.—The total 
amount of the fees assessed for each fiscal year under this 
section shall be sufficient, and to the extent practicable 
shall not exceed the amount necessary, to cover the total 
expenses of the Corporation in carrying out its duties and 
responsibilities under this title and title I for such fiscal 
year. 
(c) 
REQUIRED
REINVESTMENT
OF
EXCESS 
FUNDS.—If, in a fiscal year, the Corporation collects fees 
under this section in excess of the total expenses of the 
Corporation in carrying out its duties and responsibilities 
under this title and title I for such fiscal year, the Cor-
poration shall use the excess only to ensure the construc-
tion, management, maintenance, and operation of the pub-
lic safety broadband network. 
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Subtitle B—State, Local, and Tribal 
Planning and Implementation 
SEC. 211. STATE, LOCAL, AND TRIBAL PLANNING AND IM-
PLEMENTATION FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
State, Local, and Tribal Planning and Implementation 
Fund. 
(b) PURPOSE.—The Assistant Secretary shall estab-
lish and administer the grant program under section 212 
using the funds deposited in the State, Local, and Tribal 
Planning and Implementation Fund. 
(c) CREDITING OF RECEIPTS.—There shall be depos-
ited into or credited to the State, Local, and Tribal Plan-
ning and Implementation Fund— 
(1) any amounts specified in section 401; and 
(2) any amounts borrowed by the Assistant 
Secretary under subsection (d). 
(d) BORROWING AUTHORITY.— 
(1) IN
GENERAL.—The Assistant Secretary 
may borrow from the general fund of the Treasury 
beginning on October 1, 2011, such sums as may be 
necessary, but not to exceed $250,000,000, to imple-
ment section 212. 
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(2) REIMBURSEMENT.—The Assistant Sec-
retary shall reimburse the general fund of the Treas-
ury, without interest, for any amounts borrowed 
under paragraph (1) as funds are deposited into the 
State, Local, and Tribal Planning and Implementa-
tion Fund. 
SEC. 212. STATE, LOCAL, AND TRIBAL PLANNING AND IM-
PLEMENTATION GRANT PROGRAM. 
(a) ESTABLISHMENT OF GRANT PROGRAM.—The As-
sistant Secretary, in consultation with the Corporation, 
shall take such action as is necessary to establish a grant 
program to make grants to each State Public Safety 
Broadband Office established under subsection (d) to as-
sist State, local, and tribal public safety entities within 
such State in carrying out the following activities: 
(1) Identifying and planning the most efficient 
and effective use and integration by such entities of 
the spectrum and the infrastructure, equipment, and 
other architecture associated with the public safety 
broadband network to satisfy the wireless commu-
nications and data services needs of such entities. 
(2) Identifying opportunities for creating a con-
sortium with one or more other States to assist the 
Program Management Office in developing a single 
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request for proposals to serve the common network 
requirements of the States in the consortium. 
(3) Identifying the particular assets and spe-
cialized needs of the public safety entities located 
within such State for inclusion in requests for pro-
posals with respect to the radio access network. 
Such assets may include available towers and infra-
structure. Such needs may include the projected 
number of users, preferred buildout timeframes, spe-
cial coverage needs, special hardening, reliability, se-
curity, and resiliency needs, local user priority as-
signments, and integration needs of public safety an-
swering points and emergency operations centers. 
(4) Transmitting the plans developed under this 
subsection to the Program Management Office using 
the template developed under section 203(d)(3). 
(b) MATCHING REQUIREMENTS; FEDERAL SHARE.— 
(1) IN GENERAL.—The Federal share of the 
cost of any activity carried out using a grant under 
this section may not exceed 80 percent of the eligible 
costs of carrying out that activity, as determined by 
the Assistant Secretary, in consultation with the 
Corporation. 
(2) WAIVER.—The Assistant Secretary may 
waive, in whole or in part, the requirements of para-
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graph (1) for good cause shown if the Assistant Sec-
retary determines that such a waiver is in the public 
interest. 
(c) PROGRAMMATIC REQUIREMENTS.—Not later than 
6 months after the date of the incorporation of the Cor-
poration under section 201(a), the Assistant Secretary, in 
consultation with the Corporation, shall establish require-
ments relating to the grant program to be carried out 
under this section, including the following: 
(1) Defining eligible costs for purposes of sub-
section (b)(1). 
(2) Determining the scope of eligible activities 
for grant funding under this section. 
(3) Prioritizing grants for activities that ensure 
coverage in rural as well as urban areas. 
(d) STATE PUBLIC SAFETY BROADBAND OFFICES.— 
A State wishing to receive a grant under this section shall 
establish a State Public Safety Broadband Office to carry 
out the activities described in subsection (a). The Assist-
ant Secretary may not accept a grant application unless 
such application certifies that the State has established 
such an office. 
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SEC. 213. PUBLIC SAFETY WIRELESS FACILITIES DEPLOY-
MENT. 
(a) IN GENERAL.—Notwithstanding section 704 of 
the Telecommunications Act of 1996 (Public Law 104– 
104) or any other provision of law, a State or local govern-
ment may not deny, and shall approve, any eligible facili-
ties request for a modification of an existing wireless tower 
that does not substantially change the physical dimensions 
of such tower. 
(b) ELIGIBLE FACILITIES REQUEST.—In this sec-
tion, the term ‘‘eligible facilities request’’ means a request 
that— 
(1) is for a modification of an existing wireless 
tower that involves— 
(A) collocation of new transmission equip-
ment; 
(B) removal of transmission equipment; or 
(C) replacement of transmission equip-
ment; and 
(2) is made by an entity that enters into a con-
tract with the Corporation to construct, manage, 
maintain, or operate the public safety broadband 
network for purposes of performing work under such 
contract. 
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Subtitle C—Public Safety Commu-
nications Research and Devel-
opment 
SEC. 221. NIST-DIRECTED PUBLIC SAFETY WIRELESS COM-
MUNICATIONS 
RESEARCH 
AND 
DEVELOP-
MENT. 
(a) IN GENERAL.—From amounts made available 
from the Public Safety Trust Fund established under sec-
tion 401, the Director of NIST, in consultation with the 
Commission, the Secretary of Homeland Security, and the 
National Institute of Justice of the Department of Justice, 
as appropriate, shall conduct research and assist with the 
development of standards, technologies, and applications 
to advance wireless public safety communications. 
(b) REQUIRED ACTIVITIES.—In carrying out sub-
section (a), the Director of NIST, in consultation with the 
Corporation and the Technical and Operations Advisory 
Body established under section 201(h), shall— 
(1) document public safety wireless communica-
tions requirements; 
(2) accelerate the development of the capability 
for communications between currently deployed pub-
lic safety narrowband systems and the public safety 
broadband network; 
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(3) establish a research plan, and direct re-
search, that addresses the wireless communications 
needs of public safety entities beyond what can be 
provided by the current generation of broadband 
technology; 
(4) accelerate the development of mission crit-
ical voice communications, including device-to-device 
talkaround capability over broadband networks, pub-
lic safety prioritization, authentication capabilities, 
and standard application programming interfaces, if 
necessary and practical; 
(5) accelerate the development of communica-
tions technology and equipment that can facilitate 
the eventual migration of public safety narrowband 
communications to the public safety broadband net-
work; 
(6) ensure the development and testing of new, 
interoperable, nonproprietary broadband technologies 
(including applications, devices, and device compo-
nents) that are designed to open standards to meet 
the needs of public safety entities; 
(7) seek to develop technologies, standards, 
processes, and architectures that provide a signifi-
cant improvement in network security, resiliency, 
and trustworthiness; and 
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(8) convene working groups of relevant govern-
ment and commercial parties in carrying out para-
graphs (1) through (7). 
Subtitle D—Next Generation 9–1–1 
Services 
SEC. 231. DEFINITIONS. 
In this subtitle: 
(1) 9–1–1 SERVICES, E9–1–1 SERVICES, NEXT 
GENERATION 9–1–1 SERVICES.—The terms ‘‘9–1–1 
services, E9–1–1 services, and Next Generation 9– 
1–1 services’’ shall have the meaning given those 
terms in section 158 of the National Telecommuni-
cations and Information Administration Organiza-
tion Act (47 U.S.C. 942), as amended by this Act. 
(2) EMERGENCY CALL.—The term ‘‘emergency 
call’’ has the meaning given such term in section 
158 of the National Telecommunications and Infor-
mation Administration Organization Act (47 U.S.C. 
942), as amended by this Act. 
(3) MULTI-LINE
TELEPHONE
SYSTEM.—The 
term ‘‘multi-line telephone system’’ or ‘‘MLTS’’ 
means a system comprised of common control units, 
telephone sets, control hardware and software and 
adjunct systems, including network and premises 
based systems, such as Centrex and VoIP, as well as 
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PBX, Hybrid, and Key Telephone Systems (as clas-
sified by the Commission under part 68 of title 47, 
Code of Federal Regulations) and includes systems 
owned or leased by governmental agencies and non- 
profit entities, as well as for profit businesses. 
(4) OFFICE.—The term ‘‘Office’’ means the 9– 
1–1 Implementation Coordination Office established 
under section 158 of the National Telecommuni-
cations and Information Administration Organiza-
tion Act (47 U.S.C. 942), as amended by this Act. 
(5) PUBLIC SAFETY ANSWERING POINT.—The 
term ‘‘public safety answering point’’ has the mean-
ing given the term in section 222 of the Communica-
tions Act of 1934 (47 U.S.C. 222). 
SEC. 232. COORDINATION OF 9–1–1 IMPLEMENTATION. 
Section 158 of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 
942) is amended to read as follows: 
‘‘SEC. 158. COORDINATION OF 9–1–1, E9–1–1 AND NEXT GEN-
ERATION 9–1–1 IMPLEMENTATION. 
‘‘(a) 9–1–1 IMPLEMENTATION COORDINATION OF-
FICE.— 
‘‘(1) ESTABLISHMENT
AND
CONTINUATION.— 
The Assistant Secretary and the Administrator of 
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the National Highway Traffic Safety Administration 
shall— 
‘‘(A) establish and further a program to 
facilitate coordination and communication be-
tween Federal, State, and local emergency com-
munications systems, emergency personnel, 
public safety organizations, telecommunications 
carriers, and telecommunications equipment 
manufacturers and vendors involved in the im-
plementation of 9–1–1 services; and 
‘‘(B) establish a 9–1–1 Implementation 
Coordination Office to implement the provisions 
of this section. 
‘‘(2) MANAGEMENT PLAN.— 
‘‘(A) DEVELOPMENT.—The Assistant Sec-
retary and the Administrator shall develop a 
management plan for the grant program estab-
lished under this section, including by devel-
oping— 
‘‘(i) plans related to the organiza-
tional structure of such program; and 
‘‘(ii) funding profiles for each fiscal 
year of the 5-year duration of such pro-
gram. 
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‘‘(B) SUBMISSION
TO
CONGRESS.—Not 
later than 90 days after the date of enactment 
of the Wireless Innovation and Public Safety 
Act of 2011, the Assistant Secretary and the 
Administrator shall submit the management 
plan developed under subparagraph (A) to— 
‘‘(i) the Committees on Commerce, 
Science, and Transportation and Appro-
priations of the Senate; and 
‘‘(ii) the Committees on Energy and 
Commerce and Appropriations of the 
House of Representatives. 
‘‘(3) PURPOSE OF OFFICE.—The Office shall— 
‘‘(A) take actions, in concert with coordi-
nators designated in accordance with subsection 
(b)(3)(A)(ii), to improve coordination and com-
munication with respect to the implementation 
of 9–1–1 services, E9–1–1 services, and Next 
Generation 9–1–1 services; 
‘‘(B) develop, collect, and disseminate in-
formation concerning practices, procedures, and 
technology used in the implementation of 9–1– 
1 services, E9–1–1 services, and Next Genera-
tion 9–1–1 services; 
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‘‘(C) advise and assist eligible entities in 
the preparation of implementation plans re-
quired under subsection (b)(3)(A)(iii); 
‘‘(D) receive, review, and recommend the 
approval or disapproval of applications for 
grants under subsection (b); and 
‘‘(E) oversee the use of funds provided by 
such grants in fulfilling such implementation 
plans. 
‘‘(4) REPORTS.—The Assistant Secretary and 
the Administrator shall provide an annual report to 
Congress by the first day of October of each year on 
the activities of the Office to improve coordination 
and communication with respect to the implementa-
tion of 9–1–1 services, E9–1–1 services, and Next 
Generation 9–1–1 services. 
‘‘(b) 9–1–1, E9–1–1 AND NEXT GENERATION 9–1– 
1 IMPLEMENTATION GRANTS.— 
‘‘(1) MATCHING GRANTS.—The Assistant Sec-
retary and the Administrator, acting through the Of-
fice, shall provide grants to eligible entities for— 
‘‘(A) the implementation and operation of 
9–1–1 services, E9–1–1 services, migration to 
an IP-enabled emergency network, and adoption 
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and operation of Next Generation 9–1–1 serv-
ices and applications; 
‘‘(B) the implementation of IP-enabled 
emergency services and applications enabled by 
Next Generation 9–1–1 services, including the 
establishment of IP backbone networks and the 
application layer software infrastructure needed 
to interconnect the multitude of emergency re-
sponse organizations; and 
‘‘(C) training public safety personnel, in-
cluding call-takers, first responders, and other 
individuals and organizations who are part of 
the emergency response chain in 9–1–1 serv-
ices. 
‘‘(2) MATCHING REQUIREMENT.—The Federal 
share of the cost of a project eligible for a grant 
under this section shall not exceed 80 percent. The 
non-Federal share of the cost shall be provided from 
non-Federal sources unless waived by the Assistant 
Secretary and the Administrator. 
‘‘(3) COORDINATION REQUIRED.—In providing 
grants under paragraph (1), the Assistant Secretary 
and the Administrator shall require an eligible entity 
to certify in its application that— 
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‘‘(A) in the case of an eligible entity that 
is a State government, the entity— 
‘‘(i) has coordinated its application 
with the public safety answering points lo-
cated within the jurisdiction of such entity; 
‘‘(ii) has designated a single officer or 
governmental body of the entity to serve as 
the coordinator of implementation of 9–1– 
1 services, except that such designation 
need not vest such coordinator with direct 
legal authority to implement 9–1–1 serv-
ices, E9–1–1 services, or Next Generation 
9–1–1 services or to manage emergency 
communications operations; 
‘‘(iii) has established a plan for the 
coordination and implementation of 9–1–1 
services, E9–1–1 services, and Next Gen-
eration 9–1–1 services; and 
‘‘(iv) has integrated telecommuni-
cations services involved in the implemen-
tation and delivery of 9–1–1 services, E9– 
1–1 services, and Next Generation 9–1–1 
services; or 
‘‘(B) in the case of an eligible entity that 
is not a State, the entity has complied with 
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clauses (i), (iii), and (iv) of subparagraph (A), 
and the State in which it is located has com-
plied with clause (ii) of such subparagraph. 
‘‘(4) CRITERIA.—Not later than 120 days after 
the submission of the report required under section 
237 of the Wireless Innovation and Public Safety 
Act of 2011, the Assistant Secretary and the Admin-
istrator shall issue regulations, after providing the 
public with notice and an opportunity to comment, 
prescribing the criteria for selection for grants under 
this section. The criteria shall include performance 
requirements and a timeline for completion of any 
project to be financed by a grant under this section. 
The Assistant Secretary and the Administrator shall 
update such regulations as necessary. 
‘‘(c) DIVERSION OF 9–1–1 CHARGES.— 
‘‘(1) DESIGNATED
9–1–1
CHARGES.—For the 
purposes of this subsection, the term ‘designated 9– 
1–1 charges’ means any taxes, fees, or other charges 
imposed by a State or other taxing jurisdiction that 
are designated or presented as dedicated to deliver 
or improve 9–1–1 services, E9–1–1 services, or Next 
Generation 9–1–1 services. 
‘‘(2) CERTIFICATION.—Each applicant for a 
matching grant under this section shall certify to the 
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Assistant Secretary and the Administrator at the 
time of application, and each applicant that receives 
such a grant shall certify to the Assistant Secretary 
and the Administrator annually thereafter during 
any period of time during which the funds from the 
grant are available to the applicant, that no portion 
of any designated 9–1–1 charges imposed by a State 
or other taxing jurisdiction within which the appli-
cant is located are being obligated or expended for 
any purpose other than the purposes for which such 
charges are designated or presented during the pe-
riod beginning 180 days immediately preceding the 
date of the application and continuing through the 
period of time during which the funds from the 
grant are available to the applicant. 
‘‘(3) CONDITION
OF
GRANT.—Each applicant 
for a grant under this section shall agree, as a con-
dition of receipt of the grant, that if the State or 
other taxing jurisdiction within which the applicant 
is located, during any period of time during which 
the funds from the grant are available to the appli-
cant, obligates or expends designated 9–1–1 charges 
for any purpose other than the purposes for which 
such charges are designated or presented, eliminates 
such charges, or re-designates such charges for pur-
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poses other than the implementation or operation of 
9–1–1 services, E9–1–1 services, or Next Generation 
9–1–1 services, all of the funds from such grant 
shall be returned to the Office. 
‘‘(4) PENALTY FOR PROVIDING FALSE INFOR-
MATION.—Any applicant that provides a certification 
under paragraph (1) knowing that the information 
provided in the certification was false shall— 
‘‘(A) not be eligible to receive the grant 
under subsection (b); 
‘‘(B) return any grant awarded under sub-
section (b) during the time that the certification 
was not valid; and 
‘‘(C) not be eligible to receive any subse-
quent grants under subsection (b). 
‘‘(d) AUTHORIZATION AND TERMINATION.— 
‘‘(1) AUTHORIZATION.— 
‘‘(A) IN GENERAL.—There are authorized 
to be appropriated to the Secretary of Com-
merce, for the purposes of carrying out grants 
under this section, $250,000,000 total for the 
5-year period described in subparagraph (C). 
‘‘(B) LIMITATION.—Of the amounts made 
available to the Secretary of Commerce under 
this paragraph in a fiscal year, not more than 
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5 percent of such amounts may be obligated or 
expended to cover the administrative costs of 
carrying out this section. 
‘‘(C) PERIOD.—The 5-year period under 
subparagraph (A) begins on the first day of the 
fiscal year that begins following the date of the 
submission of the report required under section 
237 of the Wireless Innovation and Public Safe-
ty Act of 2011. 
‘‘(2) TERMINATION.—Effective on the day after 
the end of the 5-year period described in paragraph 
(1)(C), the authority provided by this section termi-
nates and this section shall have no effect. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) 9–1–1 SERVICES.—The term ‘9–1–1 serv-
ices’ includes both E9–1–1 services and Next Gen-
eration 9–1–1 services. 
‘‘(2) E9–1–1 SERVICES.—The term ‘E9–1–1 
services’ means both phase I and phase II enhanced 
9–1–1 services, as described in section 20.18 of the 
Commission’s regulations (47 C.F.R. 20.18), as in 
effect on the date of enactment of the Wireless Inno-
vation and Public Safety Act of 2011, or as subse-
quently revised by the Commission. 
‘‘(3) ELIGIBLE ENTITY.— 
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‘‘(A) IN GENERAL.—The term ‘eligible en-
tity’ means a State or local government or a 
tribal organization (as defined in section 4(l) of 
the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b(l))). 
‘‘(B) INSTRUMENTALITIES.—The term ‘eli-
gible entity’ includes public authorities, boards, 
commissions, and similar bodies created by 1 or 
more eligible entities described in subparagraph 
(A) to provide 9–1–1 service, E9–1–1 services, 
or Next Generation 9–1–1 services. 
‘‘(C) EXCEPTION.—The term ‘eligible enti-
ty’ does not include any entity that has failed 
to submit the most recently required certifi-
cation under subsection (c) within 30 days after 
the date on which such certification is due. 
‘‘(4) EMERGENCY CALL.—The term ‘emergency 
call’ means any real-time communication with a pub-
lic safety answering point or other emergency man-
agement or response agency, including— 
‘‘(A) through voice, text, or video and re-
lated data; and 
‘‘(B) nonhuman-initiated automatic event 
alerts, such as alarms, telematics, or sensor 
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data, which may also include real-time voice, 
text, or video communications. 
‘‘(5) NEXT GENERATION 9–1–1 SERVICES.—The 
term ‘Next Generation 9–1–1 services’ means an IP- 
based system comprised of hardware, software, data, 
and operational policies and procedures that— 
‘‘(A) provides standardized interfaces from 
emergency call and message services to support 
emergency communications; 
‘‘(B) processes all types of emergency calls, 
including voice, text, data, and multimedia in-
formation; 
‘‘(C) acquires and integrates additional 
emergency call data useful to call routing and 
handling; 
‘‘(D) delivers the emergency calls, mes-
sages, and data to the appropriate public safety 
answering point and other appropriate emer-
gency entities; 
‘‘(E) supports data or video communica-
tions needs for coordinated incident response 
and management; and 
‘‘(F) provides broadband service to public 
safety answering points or other first responder 
entities. 
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‘‘(6) OFFICE.—The term ‘Office’ means the 9– 
1–1 Implementation Coordination Office. 
‘‘(7) PUBLIC SAFETY ANSWERING POINT.—The 
term ‘public safety answering point’ has the meaning 
given the term in section 222 of the Communica-
tions Act of 1934 (47 U.S.C. 222). 
‘‘(8) STATE.—The term ‘State’ means any 
State of the United States, the District of Columbia, 
Puerto Rico, American Samoa, Guam, the United 
States Virgin Islands, the Northern Mariana Is-
lands, and any other territory or possession of the 
United States.’’. 
SEC. 233. REQUIREMENTS FOR MULTI-LINE TELEPHONE 
SYSTEMS. 
(a) IN GENERAL.—Not later than 270 days after the 
date of enactment of this Act, the Administrator of Gen-
eral Services, in conjunction with the Office, shall issue 
a report to Congress identifying the 9–1–1 capabilities of 
the multi-line telephone system in use by all Federal agen-
cies in all Federal buildings and properties. 
(b) COMMISSION ACTION.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of enactment of this Act, the Commission 
shall issue a public notice seeking comment on the 
feasibility of requiring MLTS manufacturers to in-
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clude within all such systems manufactured or sold 
after a date certain, to be determined by the Com-
mission, one or more mechanisms to provide a suffi-
ciently precise indication of a 9–1–1 caller’s location, 
while avoiding the imposition of undue burdens on 
MLTS manufacturers, providers, and operators. 
(2) SPECIFIC REQUIREMENT.—The public no-
tice under paragraph (1) shall seek comment on the 
National Emergency Number Association’s ‘‘Tech-
nical Requirements Document On Model Legislation 
E9–1–1 for Multi-Line Telephone Systems’’ (NENA 
06–750, Version 2). 
SEC. 234. GAO STUDY OF STATE AND LOCAL USE OF 9–1–1 
SERVICE CHARGES. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, the Comptroller General 
of the United States shall initiate a study of— 
(1) the imposition of taxes, fees, or other 
charges imposed by States or political subdivisions 
of States that are designated or presented as dedi-
cated to improve emergency communications serv-
ices, including 9–1–1 services or enhanced 9–1–1 
services, or related to emergency communications 
services operations or improvements; and 
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(2) the use of revenues derived from such taxes, 
fees, or charges. 
(b) REPORT.—Not later than 18 months after initi-
ating the study required by subsection (a), the Comp-
troller General shall prepare and submit a report on the 
results of the study to the Committee on Commerce, 
Science, and Transportation of the Senate and the Com-
mittee on Energy and Commerce of the House of Rep-
resentatives setting forth the findings, conclusions, and 
recommendations, if any, of the study, including— 
(1) the identity of each State or political sub-
division that imposes such taxes, fees, or other 
charges; and 
(2) the amount of revenues obligated or ex-
pended by that State or political subdivision for any 
purpose other than the purposes for which such 
taxes, fees, or charges were designated or presented. 
SEC. 235. PARITY OF PROTECTION FOR PROVISION OR USE 
OF NEXT GENERATION 9–1–1 SERVICE. 
(a) IMMUNITY.—A provider or user of Next Genera-
tion 9–1–1 services, a public safety answering point, and 
the officers, directors, employees, vendors, agents, and au-
thorizing government entity (if any) of such provider, user, 
or public safety answering point, shall have immunity and 
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protection from liability under Federal and State law to 
the extent provided in subsection (b) with respect to— 
(1) the release of subscriber information related 
to emergency calls or emergency services; 
(2) the use or provision of 9–1–1 services, E9– 
1–1 services, or Next Generation 9–1–1 services; 
and 
(3) other matters related to 9–1–1 services, 
E9–1–1 services, or Next Generation 9–1–1 services. 
(b) SCOPE OF IMMUNITY AND PROTECTION FROM LI-
ABILITY.—The scope and extent of the immunity and pro-
tection from liability afforded under subsection (a) shall 
be the same as that provided under section 4 of the Wire-
less Communications and Public Safety Act of 1999 (47 
U.S.C. 615a) to wireless carriers, public safety answering 
points, and users of wireless 9–1–1 service (as defined in 
paragraphs (4), (3), and (6), respectively, of section 6 of 
that Act (47 U.S.C. 615b)) with respect to such release, 
use, and other matters. 
SEC. 236. COMMISSION PROCEEDING ON AUTODIALING. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Commission shall ini-
tiate a proceeding to create a specialized Do-Not-Call reg-
istry for public safety answering points. 
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(b) FEATURES OF THE REGISTRY.—The Commission 
shall issue regulations, after providing the public with no-
tice and an opportunity to comment, that— 
(1) permit verified public safety answering 
point administrators or managers to register the 
telephone numbers of all 9–1–1 trunks and other 
lines used for the provision of emergency services to 
the public or for communications between public 
safety agencies; 
(2) provide a process for verifying, no less fre-
quently than once every 7 years, that registered 
numbers should continue to appear upon the reg-
istry; 
(3) provide a process for granting and tracking 
access to the registry by the operators of automatic 
dialing equipment; 
(4) protect the list of registered numbers from 
disclosure or dissemination by parties granted access 
to the registry; and 
(5) prohibit the use of automatic dialing or 
‘‘robocall’’ equipment to establish contact with reg-
istered numbers. 
(c) ENFORCEMENT.—The Commission shall— 
(1) establish monetary penalties for violations 
of the protective regulations established pursuant to 
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subsection (b)(4) of not less than $100,000 per inci-
dent nor more than $1,000,000 per incident; 
(2) establish monetary penalties for violations 
of the prohibition on automatically dialing registered 
numbers established pursuant to subsection (b)(5) of 
not less than $10,000 per call nor more than 
$100,000 per call; and 
(3) provide for the imposition of fines under 
paragraphs (1) or (2) that vary depending upon 
whether the conduct leading to the violation was 
negligent, grossly negligent, reckless, or willful, and 
depending on whether the violation was a first or 
subsequent offence. 
SEC. 237. NHTSA REPORT ON COSTS FOR REQUIREMENTS 
AND SPECIFICATIONS OF NEXT GENERATION 
9–1–1 SERVICES. 
(a) IN GENERAL.—Using amounts made available 
from the Public Safety Trust Fund under section 401, not 
later than 1 year after the date of enactment of this Act, 
the Administrator of the National Highway Traffic Safety 
Administration, in consultation with the Commission, the 
Secretary of Homeland Security, and the Office, shall pre-
pare and submit to Congress a report that analyzes and 
determines detailed costs for specific Next Generation 9– 
1–1 service requirements and specifications. 
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(b) CONTENTS.—The report required under sub-
section (a) shall include the following: 
(1) How costs would be allocated geographically 
or among public safety answering points, broadband 
service providers, and third-party providers of Next 
Generation 9–1–1 services. 
(2) An assessment of the current state of Next 
Generation 9–1–1 service readiness among public 
safety answering points. 
(3) How differences in public safety answering 
points’ access to broadband across the United States 
may affect costs. 
(4) A technical analysis and cost study of dif-
ferent delivery platforms, such as wireline, wireless, 
and satellite. 
(5) An assessment of the architectural charac-
teristics, feasibility, and limitations of Next Genera-
tion 9–1–1 service delivery. 
(6) An analysis of the needs for Next Genera-
tion 9–1–1 service of persons with disabilities. 
(7) Standards and protocols for Next Genera-
tion 9–1–1 service and for incorporating Voice over 
Internet Protocol and real-time text standards. 
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SEC. 238. FCC RECOMMENDATIONS FOR LEGAL AND STATU-
TORY FRAMEWORK FOR NEXT GENERATION 
9–1–1 SERVICES. 
Not later than 1 year after the date of enactment 
of this Act, the Commission, in coordination with the Sec-
retary of Homeland Security, the Administrator of the Na-
tional Highway Traffic Safety Administration, and the Of-
fice, shall prepare and submit a report to Congress that 
contains recommendations for the legal and statutory 
framework for Next Generation 9–1–1 services, consistent 
with recommendations in the National Broadband Plan 
developed by the Commission pursuant to the American 
Recovery and Reinvestment Act of 2009, including the fol-
lowing: 
(1) A legal and regulatory framework for the 
development of Next Generation 9–1–1 services and 
the transition from legacy 9–1–1 to Next Generation 
9–1–1 services. 
(2) Legal mechanisms to ensure efficient and 
accurate transmission of 9–1–1 caller information to 
emergency management or response agencies. 
(3) Recommendations for removing jurisdic-
tional barriers and inconsistent legacy regulations, 
including— 
(A) proposals that would require States to 
remove regulatory impediments to Next Genera-
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tion 9–1–1 services development, while recog-
nizing the appropriate role of the States; 
(B) eliminating outdated 9–1–1 regula-
tions at the Federal level; and 
(C) preempting inconsistent State regula-
tions. 
TITLE III—SPECTRUM AUCTION 
AUTHORITY 
SEC. 301. DEADLINES FOR AUCTION OF CERTAIN SPEC-
TRUM. 
(a) IN GENERAL.— 
(1) AUCTION.—The Commission shall, through 
competitive bidding under section 309(j) of the Com-
munications Act of 1934 (47 U.S.C. 309(j)), assign 
licenses for the use of the electromagnetic spectrum 
described in paragraph (2) in accordance with the 
timetable set forth in paragraph (3). 
(2) SPECTRUM DESCRIBED.—The spectrum de-
scribed in this paragraph is the following: 
(A) The frequencies from 2155 megahertz 
to 2180 megahertz. 
(B) The frequencies from 1755 megahertz 
to 1780 megahertz, except that if— 
(i) the President determines that such 
frequencies cannot be reallocated for non- 
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Federal use due to the need to protect in-
cumbent Federal operations from inter-
ference; and 
(ii) the President identifies other spec-
trum the reallocation for non-Federal use 
of which better serves the public interest, 
convenience, and necessity and that can 
reasonably be expected to produce com-
parable auction receipts; 
the spectrum described in this subparagraph 
shall be the spectrum identified by the Presi-
dent under clause (ii). 
(C) The frequencies from 1695 megahertz 
to 1710 megahertz, except for the geographic 
exclusion zones (as such zones may be amend-
ed) identified in the report of the NTIA pub-
lished in October 2010 and entitled ‘‘An Assess-
ment of Near-Term Viability of Accommodating 
Wireless Broadband Systems in 1675–1710 
MHz, 1755–1780 MHz, 3500–3650 MHz, and 
4200–4220 MHz, 4380–4400 MHz Bands’’. 
(D) Fifteen megahertz of contiguous spec-
trum identified by the Commission to be paired 
with the spectrum described in subparagraph 
(C). 
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(E) The frequencies from 1780 megahertz 
to 1850 megahertz, except that if— 
(i) the President determines that such 
frequencies cannot be reallocated for non- 
Federal use due to the need to protect in-
cumbent Federal operations from inter-
ference; and 
(ii) the President identifies other spec-
trum the reallocation for non-Federal use 
of which better serves the public interest, 
convenience, and necessity and that can 
reasonably be expected to produce com-
parable auction receipts; 
the spectrum described in this subparagraph 
shall be the spectrum identified by the Presi-
dent under clause (ii). 
(3) TIMETABLE.—Notwithstanding paragraph 
(15)(A) of such section 309(j), the Commission shall 
complete all actions necessary in order to— 
(A) in the case of licenses for the use of 
the spectrum described in subparagraphs (A) 
and (B) of paragraph (2)— 
(i) commence the bidding process not 
later than January 31, 2014; and 
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(ii) deposit the available proceeds in 
accordance with paragraph (8) of such sec-
tion not later than June 30, 2014; 
(B) in the case of licenses for the use of 
the spectrum described in subparagraphs (C) 
and (D) of paragraph (2)— 
(i) commence the bidding process not 
later than January 31, 2018; and 
(ii) deposit the available proceeds in 
accordance with paragraph (8) of such sec-
tion not later than June 30, 2018; and 
(C) in the case of licenses for the use of 
the spectrum described in subparagraph (E) of 
paragraph (2)— 
(i) commence the bidding process not 
later than January 31, 2020; and 
(ii) deposit the available proceeds in 
accordance with paragraph (8) of such sec-
tion not later than June 30, 2020. 
(4) NOTIFICATION TO PRESIDENT.—Not later 
than 6 months before each auction of frequencies 
under paragraph (1) in which any frequency as-
signed to a Federal Government station will be auc-
tioned, the Commission shall notify the President of 
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the date when such auction will begin and the fre-
quencies to be auctioned. 
(5) WITHDRAWAL FROM FEDERAL USE.—Not-
withstanding section 1062(b) of the National De-
fense Authorization Act for Fiscal Year 2000 (Pub-
lic Law 106–65; 47 U.S.C. 921 note), upon receipt 
of a notification from the Commission under para-
graph (4) with respect to an auction of frequencies, 
the President shall withdraw the assignment to a 
Federal Government station of any such frequency. 
(6) DELAYED OR PHASED REALLOCATION OF 
CERTAIN FEDERAL SPECTRUM.—If the President de-
termines that reallocation for non-Federal use of the 
spectrum described in subparagraph (E) of para-
graph (2) must be delayed or conducted in phases 
to ensure protection from interference of or con-
tinuity of incumbent Federal operations, the Presi-
dent may delay the withdrawal under paragraph (5) 
of the assignment of such spectrum to a Federal 
Government station until such time as the President 
considers necessary to ensure such protection, but in 
no case later than January 31, 2020. 
(b) AUCTION OF CERTAIN OTHER SPECTRUM.— 
(1) AUCTION.—In accordance with the time-
table set forth in paragraph (2), the Commission 
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shall assign through competitive bidding under sec-
tion 309(j) of the Communications Act of 1934 (47 
U.S.C. 309(j)), or reallocate for unlicensed use, the 
electromagnetic spectrum between the frequencies 
from 3550 megahertz to 3650 megahertz, except for 
the geographic exclusion zones (as such zones may 
be amended) identified in the report of the NTIA 
published in October 2010 and entitled ‘‘An Assess-
ment of Near-Term Viability of Accommodating 
Wireless Broadband Systems in 1675–1710 MHz, 
1755–1780 MHz, 3500–3650 MHz, and 4200–4220 
MHz, 4380–4400 MHz Bands’’. 
(2) TIMETABLE.—Notwithstanding paragraph 
(15)(A) of such section, the Commission shall com-
plete all actions necessary in order to— 
(A) commence the bidding process, or com-
mence reallocation for unlicensed use, not later 
than 3 years after the date of the enactment of 
this Act; and 
(B) deposit the available proceeds in ac-
cordance with paragraph (8) of such section not 
later than 6 months thereafter. 
(3) NOTIFICATION TO PRESIDENT.—Not later 
than 6 months before each auction of frequencies 
under paragraph (1), or the reallocation for unli-
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censed use of any frequency described in such para-
graph, the Commission shall notify the President of 
the date when such auction will begin or such re-
allocation will occur and the frequencies to be auc-
tioned or reallocated. 
(4) WITHDRAWAL FROM FEDERAL USE.—Upon 
receipt of a notification from the Commission under 
paragraph (3) with respect to an auction or realloca-
tion of frequencies, the President shall withdraw the 
assignment to a Federal Government station of any 
such frequency. 
(c) AUCTION PROCEEDS.—Section 309(j)(8) of the 
Communications Act of 1934 (47 U.S.C. 309(j)(8)) is 
amended— 
(1) in subparagraph (A), by striking ‘‘(B), (D), 
and (E),’’ and inserting ‘‘(B), (D), (E), (F), and 
(G),’’; 
(2) in subparagraph (C)— 
(A) in clause (i), by striking ‘‘subpara-
graph (E)(ii)’’ and inserting ‘‘subparagraphs 
(D)(ii), (E)(ii), (F), and (G)(iv)’’; and 
(B) in clause (iii)— 
(i) by striking the period at the end 
and inserting a semicolon; 
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(ii) by striking ‘‘shall be’’ and insert-
ing the following: 
‘‘(I) before the date of the enact-
ment of the Wireless Innovation and 
Public Safety Act of 2011, shall be’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(II) during the 10-year period 
beginning on the date of the enact-
ment of the Wireless Innovation and 
Public Safety Act of 2011, shall be 
transferred to the Public Safety 
Broadband Corporation established 
under section 201(a)(1) of such Act 
for use by the Corporation to carry 
out its duties and responsibilities 
under titles I and II of such Act; and 
‘‘(III) after such period, shall be 
transferred to the general fund of the 
Treasury for the sole purpose of def-
icit reduction.’’; 
(3) in subparagraph (D)— 
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(A) by striking the heading and inserting 
‘‘PROCEEDS
FROM
REALLOCATED
FEDERAL 
SPECTRUM’’; 
(B) by striking ‘‘Cash’’ and inserting the 
following: 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), cash’’; and 
(C) by adding at the end the following: 
‘‘(ii) CERTAIN
OTHER
PROCEEDS.— 
Except as provided in subparagraph (B), 
in the case of proceeds (including deposits 
and upfront payments from successful bid-
ders) attributable to the auction of eligible 
frequencies described in paragraph (2) of 
section 113(g) of the National Tele-
communications and Information Adminis-
tration Organization Act that are required 
to be auctioned by subsection (a)(1) or 
(b)(1) of section 301 of the Wireless Inno-
vation and Public Safety Act of 2011, such 
portion of such proceeds as is necessary to 
cover the relocation costs and sharing costs 
(as defined in paragraph (3) of such sec-
tion 113(g)) of Federal entities relocated 
from or sharing such eligible frequencies 
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shall be deposited in the Spectrum Reloca-
tion Fund. The remainder of such proceeds 
shall be deposited in the Public Safety 
Trust 
Fund 
established 
by 
section 
401(a)(1) of such Act.’’; and 
(4) by adding at the end the following new sub-
paragraph: 
‘‘(F) CERTAIN
PROCEEDS
DESIGNATED 
FOR PUBLIC SAFETY TRUST FUND.—Except as 
provided in subparagraphs (B) and (D), the 
proceeds (including deposits and upfront pay-
ments from successful bidders) from the use of 
a system of competitive bidding under this sub-
section pursuant to subsections (a)(1) and 
(b)(1) of section 301 of the Wireless Innovation 
and Public Safety Act of 2011 shall be depos-
ited in the Public Safety Trust Fund estab-
lished by section 401(a)(1) of such Act.’’. 
(d) EXTENSION OF AUCTION AUTHORITY.—Section 
309(j)(11) of the Communications Act of 1934 (47 U.S.C. 
309(j)(11)) is amended by striking ‘‘2012’’ and inserting 
‘‘2021’’. 
SEC. 302. INCENTIVE AUCTION AUTHORITY. 
(a) IN GENERAL.—Section 309(j)(8) of the Commu-
nications Act of 1934, as amended by section 301(c), is 
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further amended by adding at the end the following new 
subparagraph: 
‘‘(G) INCENTIVE AUCTION AUTHORITY.— 
‘‘(i) IN GENERAL.—If the Commission 
determines that it is consistent with the 
public interest in utilization of the spec-
trum for a licensee to voluntarily relinquish 
some or all of its licensed rights for the 
use of spectrum in order to permit— 
‘‘(I) through competitive bidding 
under this subsection, the assignment 
of initial licenses subject to new serv-
ice rules, on a flexible-use basis to the 
extent technologically feasible; or 
‘‘(II) the allocation of spectrum 
for unlicensed use; 
the Commission may disburse to such li-
censee, from the proceeds from competitive 
bidding for any spectrum usage rights 
made 
available 
by 
reason 
of 
relinquishments under this subparagraph, 
an amount that the Commission considers 
appropriate, based on the value of the 
rights relinquished by such licensee. 
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‘‘(ii) 
FACTORS
FOR
CONSIDER-
ATION.—In considering whether to accept 
the voluntary relinquishment of licensed 
spectrum usage rights of a licensee and 
share proceeds with such licensee under 
clause (i), the Commission shall consider 
the following factors: 
‘‘(I) The conditions under which 
such licensee could maintain the li-
cense and whether such licensee is in 
compliance with the license terms. 
‘‘(II) The extent to which such 
relinquishment would serve the public 
interest, convenience, and necessity. 
‘‘(iii) 
COVERAGE
AREA
REQUIRE-
MENTS.—In assigning licenses under this 
subparagraph, the Commission shall make 
all reasonable efforts to ensure that there 
is an adequate opportunity for applicants 
to submit bids for licenses covering both 
large and small geographic areas, as such 
areas are determined by the Commission. 
‘‘(iv) TREATMENT
OF
REVENUES.— 
Except as provided in subparagraph (B), 
all proceeds (including deposits and up-
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front payments from successful bidders) 
from the auction of spectrum usage rights 
made available by relinquishments under 
this subparagraph shall be deposited in the 
Public Safety Trust Fund established by 
section 401(a)(1) of the Wireless Innova-
tion and Public Safety Act of 2011.’’. 
(b) SPECIAL RULES FOR TELEVISION BROADCAST 
SPECTRUM.— 
(1) GENERAL AUTHORITY TO REORGANIZE.—In 
order to create a geographically contiguous band of 
spectrum across the United States, the Commission 
shall— 
(A) create a framework to make available 
such portions of the television broadcast spec-
trum as the Commission considers appropriate; 
and 
(B) require television broadcast station li-
censees and other licensees to relocate, as the 
Commission considers appropriate. 
(2) VOLUNTARY NATURE OF INCENTIVE AUC-
TIONS.—Except as provided in paragraphs (3) and 
(4), reclamation or modification of spectrum usage 
rights of a television broadcast station licensee for 
the purpose of providing spectrum usage rights to 
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carry out an incentive auction under subparagraph 
(G) of section 309(j)(8) of the Communications Act 
of 1934, as added by subsection (a), shall be on a 
voluntary basis. 
(3) RECLAMATION IN EXCHANGE FOR RIGHTS 
TO SUBSTANTIALLY EQUIVALENT SPECTRUM.— 
(A) IN GENERAL.—The Commission may 
reclaim the spectrum usage rights of a tele-
vision broadcast station licensee for the purpose 
of providing spectrum usage rights to carry out 
an incentive auction under section 309(j)(8)(G) 
of the Communications Act of 1934 if the Com-
mission assigns to such licensee the rights to 
use an identical amount of contiguous spec-
trum, in the same geographic market. 
(B) 
SUBSTANTIAL
EQUIVALENCE.—The 
Commission shall ensure, to the extent tech-
nically feasible, in the public interest, and con-
sistent with the goals of the auction, that spec-
trum usage rights assigned under subparagraph 
(A) enable a licensee to offer service that is 
substantially similar in service contour, popu-
lation covered, and amount of harmful inter-
ference to the service offered by such licensee 
on the spectrum the rights to which are re-
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claimed by the Commission under such sub-
paragraph. 
(C) RELOCATION
COSTS.—The costs in-
curred by a licensee in relocating to an identical 
amount of spectrum under subparagraph (A) 
shall be paid from the Incentive Auction Relo-
cation Fund established by paragraph (6). 
(4) MODIFICATION OF RIGHTS AND COMPENSA-
TION.— 
(A) MODIFICATION.—If the Commission 
determines that it is in the public interest to 
modify the spectrum usage rights of a television 
broadcast station licensee for the purpose of 
providing spectrum usage rights to carry out an 
incentive auction under section 309(j)(8)(G) of 
the Communications Act of 1934, the Commis-
sion may make the modification and com-
pensate such licensee for the reduction in spec-
trum usage rights from the Incentive Auction 
Relocation Fund established by paragraph (6). 
(B) LEAST
MODIFICATION
TECHNICALLY 
FEASIBLE.—To the extent technically feasible 
and in the public interest, in making a modi-
fication of the spectrum usage rights of a tele-
vision broadcast station licensee under subpara-
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graph (A), the Commission shall make reason-
able efforts to— 
(i) preserve the amount of population 
covered by the signal of such licensee with-
in the service area of such licensee; and 
(ii) avoid any substantial increase in 
harmful interference to the signal of such 
licensee as a result of the modification. 
(5) LIMITATIONS.— 
(A) CO-LOCATION.—In the reorganization 
of the television broadcast spectrum under this 
subsection— 
(i) the Commission may not involun-
tarily co-locate multiple television broad-
cast station licensees on the same channel; 
and 
(ii) each television broadcast station 
licensee voluntarily electing to be co-lo-
cated shall have the carriage rights under 
sections 338, 614, and 615 of the Commu-
nications Act of 1934 (47 U.S.C. 338; 
534; 535) that it would have had if it had 
been the sole television broadcast station 
licensee located at the shared location on 
November 30, 2010. 
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(B) NO INVOLUNTARY RELOCATION FROM 
UHF TO VHF.—In the reorganization of the tel-
evision broadcast spectrum under this sub-
section, the Commission may not involuntarily 
reassign a licensee from a television channel lo-
cated between 470 megahertz and 608 mega-
hertz to a television channel located between 54 
megahertz and 216 megahertz. 
(6) ESTABLISHMENT
OF
INCENTIVE
AUCTION 
RELOCATION FUND.— 
(A) IN GENERAL.—There is established in 
the Treasury of the United States a fund to be 
known as the Incentive Auction Relocation 
Fund. 
(B) DEPOSITS.—There shall be deposited 
in the Incentive Auction Relocation Fund the 
amounts specified in section 401(b)(2). 
(C) AVAILABILITY.—Amounts in the In-
centive Auction Relocation Fund shall be avail-
able to the Assistant Secretary for use— 
(i) without fiscal year limitation; 
(ii) without further appropriation; 
(iii) in the case of availability for pay-
ment of the costs of a particular television 
broadcast station licensee described in sub-
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100 
paragraph (D)(i)(I), for a period not to ex-
ceed 18 months following the latest of— 
(I) completion of the auction 
under section 309(j) of the Commu-
nications Act of 1934 (47 U.S.C. 
309(j)) from which such amounts 
were derived; 
(II) the issuance by the Commis-
sion to such licensee of a construction 
permit to allow such licensee to 
change channels or geographic loca-
tions; or 
(III) notification by such licensee 
to the Assistant Secretary that such 
licensee has incurred or will incur 
costs as a result of such a change; 
(iv) in the case of availability for pay-
ment of costs of a particular multichannel 
video programming distributor described in 
subparagraph (D)(i)(II), for a period not 
to exceed 18 months following the later 
of— 
(I) completion of the auction 
under section 309(j) of the Commu-
nications Act of 1934 (47 U.S.C. 
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101 
309(j)) from which such amounts 
were derived; or 
(II) notification by such multi-
channel 
video 
programming 
dis-
tributor to the Assistant Secretary 
that such multichannel video pro-
gramming distributor has incurred or 
will incur such costs; and 
(v) before January 1, 2018. 
(D) USE OF FUNDS.— 
(i) IN GENERAL.—Amounts in the In-
centive Auction Relocation Fund may only 
be used by the Assistant Secretary, in con-
sultation with the Commission, to cover— 
(I) the costs, including the costs 
of new equipment, installation, and 
construction (including the costs of 
tower, 
antenna, 
transmitter, 
and 
transmission line upgrades), incurred 
by television broadcast station licens-
ees as a result of— 
(aa) relocation to an iden-
tical amount of contiguous spec-
trum under paragraph (3); or 
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102 
(bb) modification of spec-
trum usage rights under para-
graph (4); 
(II) the costs of multichannel 
video programming distributors (as 
defined in section 602(13) of the 
Communications Act of 1934 (47 
U.S.C. 522(13))) to continue com-
plying with any carriage obligations 
under sections 338, 614, and 615 of 
such Act (47 U.S.C. 338; 534; 535), 
if such costs were incurred as a result 
of— 
(aa) voluntary relinquish-
ment by television broadcast sta-
tion licensees of spectrum usage 
rights under section 309(j)(8)(G) 
of such Act; 
(bb) relocation of television 
broadcast station licensees to an 
identical amount of contiguous 
spectrum under paragraph (3); 
or 
(cc) 
modification 
of 
the 
spectrum usage rights of tele-
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103 
vision broadcast station licensees 
under paragraph (4); and 
(III) the expenses incurred by 
the Assistant Secretary in admin-
istering the Fund. 
(ii) PROHIBITION.—Amounts in the 
Incentive Auction Relocation Fund may 
not be used to cover— 
(I) lost revenues; or 
(II) costs incurred by a television 
broadcast station licensee as a result 
of a voluntary relinquishment of 
rights. 
(iii) REASONABLENESS.—The Assist-
ant Secretary may only make payments 
under clause (i) to cover costs that were 
reasonably incurred, as determined by the 
Assistant Secretary, in consultation with 
the Commission. 
(7) CONFIDENTIALITY.—The Commission shall 
protect the confidentiality of the identity of a tele-
vision broadcast station licensee offering to relin-
quish 
spectrum 
usage 
rights 
under 
section 
309(j)(8)(G) of the Communications Act of 1934 
until the relinquishment becomes effective. 
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104 
(8) DEADLINES FOR REORGANIZATION OF TEL-
EVISION BROADCAST SPECTRUM.— 
(A) RULEMAKING.—Not later than 18 
months after the date of the enactment of this 
Act, the Commission shall complete a rule-
making proceeding to establish a process for 
carrying out the reorganization of the television 
broadcast spectrum under this subsection. 
(B) AUCTIONS.—The Commission shall 
take all actions necessary in order to, with re-
spect to the portions of the television broadcast 
spectrum made available through the reorga-
nization under this subsection— 
(i) not later than January 31, 2016— 
(I) commence the bidding process 
under section 309(j)(8)(G) of the 
Communications Act of 1934 to as-
sign initial licenses subject to new 
service rules, on a flexible-use basis to 
the extent technologically feasible; or 
(II) allocate such spectrum for 
unlicensed use; and 
(ii) not later than June 30, 2016, de-
posit the available proceeds in accordance 
with such section. 
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105 
(9) LIMITATION.—During the period beginning 
on the date of the enactment of this Act and ending 
on June 30, 2016, the Commission may conduct 
only 1 process involving reorganization of the tele-
vision broadcast spectrum under this subsection. 
(10) CERTAIN
PROVISIONS
INAPPLICABLE.— 
The following provisions of the Communications Act 
of 1934 shall not apply in the case of the reorga-
nization of television broadcast spectrum under this 
subsection or the auction under section 309(j)(8)(G) 
of such Act of the spectrum made available through 
such reorganization: section 307(b), the 2nd and 3rd 
sentences and subparagraphs (A) and (F) of section 
309(j)(3), subparagraphs (A), (C), and (D) of sec-
tion 309(j)(4), section 309(j)(15)(A), section 316, 
and section 331. 
(11) DEFINITIONS.—In this subsection: 
(A) TELEVISION BROADCAST SPECTRUM.— 
The term ‘‘television broadcast spectrum’’ 
means the portions of the electromagnetic spec-
trum between the frequencies from 54 mega-
hertz to 72 megahertz, from 76 megahertz to 
88 megahertz, from 174 megahertz to 216 
megahertz, from 470 megahertz to 608 mega-
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hertz, and from 614 megahertz to 698 mega-
hertz. 
(B) TELEVISION BROADCAST STATION LI-
CENSEE.—The term ‘‘television broadcast sta-
tion licensee’’ means the licensee of— 
(i) a full-power television station; or 
(ii) low-power television station that 
has been accorded primary status as a 
Class A television licensee under section 
73.6001(a) of title 47, Code of Federal 
Regulations. 
(12) EXPIRATION.—The preceding paragraphs 
of this subsection, except paragraphs (6) and (11), 
shall not apply after June 30, 2016. 
(c) INCENTIVE AUCTIONS TO REPURPOSE CERTAIN 
MOBILE SATELLITE SERVICE SPECTRUM FOR TERRES-
TRIAL BROADBAND USE.— 
(1) IN GENERAL.—To the extent that the Com-
mission makes available, after the date of the enact-
ment of this Act, initial spectrum licenses for the 
use of some or all of the spectrum described in para-
graph (2) for terrestrial broadband use, such li-
censes shall be assigned through a system of com-
petitive bidding under section 309(j) of the Commu-
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nications Act of 1934 (47 U.S.C. 309(j)), including, 
as appropriate, paragraph (8)(G) of such section. 
(2) SPECTRUM DESCRIBED.—The spectrum de-
scribed in this paragraph is the following: 
(A) The frequencies from 1525 megahertz 
to 1544 megahertz, from 1545 megahertz to 
1559 megahertz, from 1626.5 megahertz to 
1645.5 megahertz, and from 1646.5 megahertz 
to 1660.5 megahertz (the L band). 
(B) The frequencies from 1610 megahertz 
to 1626.5 megahertz and from 2483.5 mega-
hertz to 2500 megahertz (the Big LEO band). 
(C) The frequencies from 2000 megahertz 
to 2020 megahertz and from 2180 megahertz 
to 2200 megahertz (the S band). 
(3) RETENTION OF COMMISSION AUTHORITY.— 
Nothing in this subsection shall modify or restrict 
the authority of the Commission to grant a waiver 
under section 316 of the Communications Act of 
1934 (47 U.S.C. 316) to an existing mobile satellite 
service licensee to afford such licensee additional 
flexibility to provide terrestrial broadband services. 
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TITLE IV—PUBLIC SAFETY 
TRUST FUND 
SEC. 401. PUBLIC SAFETY TRUST FUND. 
(a) ESTABLISHMENT
OF PUBLIC SAFETY TRUST 
FUND.— 
(1) IN GENERAL.—There is established in the 
Treasury of the United States a trust fund to be 
known as the Public Safety Trust Fund. 
(2) DEPOSIT OF RECEIPTS.— 
(A) IN GENERAL.—There shall be depos-
ited in the Public Safety Trust Fund the pro-
ceeds from the auction of spectrum required to 
be deposited in the Fund by subparagraphs 
(D)(ii), (F), and (G) of section 309(j)(8) of the 
Communications Act of 1934, as added by sec-
tions 301(c)(3)(C), 301(c)(4), and 302(a), re-
spectively. 
(B) AVAILABILITY.—Amounts deposited in 
the Public Safety Trust Fund in accordance 
with subparagraph (A) shall remain available 
through fiscal year 2021. After the end of such 
fiscal year, such amounts shall be deposited in 
the general fund of the Treasury, where such 
amounts shall be dedicated for the sole purpose 
of deficit reduction. 
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(b) USE OF FUND.—Amounts deposited in the Public 
Safety Trust Fund shall be used in the following manner: 
(1) PAYMENT OF INCENTIVE AMOUNTS.— 
(A) DISBURSALS.—Amounts in the Public 
Safety Trust Fund shall be used to make the 
disbursals permitted by section 309(j)(8)(G)(i) 
of the Communications Act of 1934 to licensees 
who voluntarily relinquished licensed spectrum 
usage rights under such section. 
(B) NOTIFICATION TO CONGRESS.— 
(i) IN GENERAL.—At least 3 months 
before any incentive auction conducted 
under section 309(j)(8)(G) of the Commu-
nications Act of 1934, the Chairman of the 
Commission, in consultation with the Di-
rector of the Office of Management and 
Budget, shall notify the appropriate com-
mittees of Congress— 
(I) of the methodology for calcu-
lating any disbursals described in sub-
paragraph (A) that will be made from 
the proceeds of such auction; and 
(II) that such methodology con-
siders the value of the spectrum vol-
untarily relinquished in its current use 
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and the timeliness with which the li-
censee cleared its use of such spec-
trum. 
(ii) DEFINITION.—In this subpara-
graph, the term ‘‘appropriate committees 
of Congress’’ means— 
(I) the Committee on Commerce, 
Science, and Transportation of the 
Senate; 
(II) the Committee on Appropria-
tions of the Senate; 
(III) the Committee on Energy 
and Commerce of the House of Rep-
resentatives; and 
(IV) the Committee on Appro-
priations of the House of Representa-
tives. 
(2) INCENTIVE AUCTION RELOCATION FUND.— 
Not less than 5 percent but not more than 
$1,000,000,000 of the amounts in the Public Safety 
Trust Fund shall be deposited in the Incentive Auc-
tion 
Relocation 
Fund 
established 
by 
section 
302(b)(6)(A). 
(3) STATE, LOCAL, AND TRIBAL PLANNING AND 
IMPLEMENTATION
FUND.—$250,000,000 shall be 
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deposited in the State, Local, and Tribal Planning 
and Implementation Fund established by section 
211(a). 
(4) PUBLIC
SAFETY
BROADBAND
CORPORA-
TION.—$11,000,000,000 shall be deposited with the 
Public Safety Broadband Corporation established 
under section 201(a) for ensuring the construction, 
management, maintenance, and operation of the 
public safety broadband network. 
(5) PUBLIC SAFETY RESEARCH AND DEVELOP-
MENT.—$40,000,000 per year for each of the fiscal 
years 2012 through 2016 shall be made available for 
use by the Director of NIST to carry out the re-
search program established under section 221. 
(6) NHTSA REPORT ON NEXT GENERATION 9– 
1–1 SERVICES.—$2,000,000 shall be made available 
for fiscal years 2012 and 2013 for use by the Ad-
ministrator of the National Highway Traffic Safety 
Administration to prepare the report on Next Gen-
eration 9–1–1 services required by section 237. 
(7) DEFICIT
REDUCTION.—Any amounts re-
maining in the Public Safety Trust Fund after the 
deduction of the amounts required by paragraphs 
(1) through (6) shall be deposited in the general 
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fund of the Treasury, where such amounts shall be 
dedicated for the sole purpose of deficit reduction. 
(c) INVESTMENT.—Amounts in the Public Safety 
Trust Fund shall be invested in accordance with section 
9702 of title 31, United States Code, and any interest on, 
and proceeds from, any such investment shall be credited 
to, and become a part of, the Fund. 
TITLE V—SPECTRUM POLICY 
SEC. 501. SPECTRUM INVENTORY. 
Part B of title I of the National Telecommunications 
and Information Administration Organization Act (47 
U.S.C. 921 et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 119. SPECTRUM INVENTORY. 
‘‘(a) RADIO SPECTRUM INVENTORY.—In order to 
promote the efficient use of the electromagnetic spectrum, 
the Assistant Secretary and the Commission shall coordi-
nate and carry out each of the following activities not later 
than 1 year after the date of enactment of this section: 
‘‘(1) Except as provided in subsection (e), cre-
ate an inventory of each radio spectrum band of fre-
quencies listed in the United States Table of Fre-
quency Allocations, from 225 megahertz to, at a 
minimum, 3.7 gigahertz, and to 10 gigahertz unless 
the Assistant Secretary and the Commission deter-
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mine that the burden of expanding the inventory 
outweighs the benefit, that includes— 
‘‘(A) the radio services authorized to oper-
ate in each band of frequencies; 
‘‘(B) the identity of each Federal or non- 
Federal user within each such radio service au-
thorized to operate in each band of frequencies; 
‘‘(C) the activities, capabilities, functions, 
or missions (including whether such activities, 
capabilities, functions, or missions are space- 
based, air-based, or ground-based) supported by 
the transmitters, end-user terminals or receiv-
ers, or other radio frequency devices authorized 
to operate in each band of frequencies; 
‘‘(D) the total amount of spectrum, by 
band of frequencies, assigned or licensed to 
each Federal or non-Federal user (in percent-
age terms and in sum) and the geographic 
areas covered by their respective assignments or 
licenses; and 
‘‘(E) to the greatest extent possible— 
‘‘(i) the approximate number of trans-
mitters, end-user terminals or receivers, or 
other radio frequency devices authorized to 
operate, as appropriate to characterize the 
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extent of use of each radio service in each 
band of frequencies; 
‘‘(ii) an approximation of the extent 
to which each Federal or non-Federal user 
is using, by geography, each band of fre-
quencies, such as the amount and percent-
age of time of use, number of end users, 
or other measures as appropriate to the 
particular band and radio service; 
‘‘(iii) contour maps or other informa-
tion that illustrates the coverage area, re-
ceiver performance, and other parameters 
relevant to an assessment of the avail-
ability of spectrum in each band; 
‘‘(iv) for each band or range of fre-
quencies, the identity of each entity offer-
ing unlicensed services and the types and 
approximate number of unlicensed inten-
tional radiators verified or certified by the 
Commission that are authorized to operate; 
and 
‘‘(v) for non-Federal users, any com-
mercial names under which facilities-based 
service is offered to the public using the 
spectrum of the non-Federal user, includ-
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ing the commercial names under which the 
spectrum is being offered through resale. 
‘‘(2) Except as provided in subsection (e), cre-
ate a centralized portal or Web site to make the in-
ventory of the bands of frequencies required under 
paragraph (1) available to the public. 
‘‘(b) USE OF AGENCY RESOURCES.—In creating the 
inventory described in subsection (a)(1), the Assistant 
Secretary and the Commission shall first use agency re-
sources, including existing databases, field testing, and 
recordkeeping systems, and only request information from 
Federal and non-Federal users if such information cannot 
be obtained using such agency resources. 
‘‘(c) REPORTS.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
section (e), not later than 2 years after the date of 
enactment of this section and biennially thereafter, 
the Assistant Secretary and the Commission shall 
submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and to 
the Committee on Energy and Commerce of the 
House of Representatives containing— 
‘‘(A) the results of the inventory created 
under subsection (a)(1), including any update 
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to the information in the inventory pursuant to 
subsection (d); 
‘‘(B) a description of any information the 
Assistant Secretary or the Commission deter-
mines is necessary for such inventory but that 
is unavailable; and 
‘‘(C) a description of any information not 
provided by any Federal or non-Federal user in 
accordance with subsections (e)(1)(B)(ii) and 
(e)(2)(C)(ii). 
‘‘(2) RELOCATION REPORT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subsection (e), the Assistant Secretary and the 
Commission shall submit a report to the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on En-
ergy and Commerce of the House of Represent-
atives containing a recommendation of which 
spectrum, if any, should be reallocated or other-
wise made available for shared access and an 
explanation of the basis for that recommenda-
tion. 
‘‘(B) DEADLINES.—The report required 
under subparagraph (A) shall be submitted not 
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later than 2 years after the date of enactment 
of this section and every 2 years thereafter. 
‘‘(3) INVENTORY
REPORT.—If the Assistant 
Secretary and the Commission have not conducted 
an inventory under subsection (a) to 10 gigahertz at 
least 90 days before the third report required under 
paragraph (1) is submitted, the Assistant Secretary 
and the Commission shall include an evaluation in 
such report and in every report thereafter of wheth-
er the burden of expanding the inventory to 10 
gigahertz outweighs the benefit until such time as 
the Assistant Secretary and the Commission have 
conducted the inventory to 10 gigahertz. 
‘‘(d) MAINTENANCE AND UPDATING OF INFORMA-
TION.—After the creation of the inventory required by 
subsection (a)(1), the Assistant Secretary and the Com-
mission shall make all reasonable efforts to maintain and 
update the information required under such subsection on 
a quarterly basis, including when there is a transfer or 
auction of a license or a change in a permanent assign-
ment or license. 
‘‘(e) NATIONAL SECURITY AND PUBLIC SAFETY IN-
FORMATION.— 
‘‘(1) NONDISCLOSURE.— 
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‘‘(A) IN GENERAL.—If the head of an ex-
ecutive agency of the Federal Government de-
termines that public disclosure of certain infor-
mation held by that agency or a licensee of non- 
Federal spectrum and required by subsection 
(a), (c), or (d) would reveal classified national 
security information or other information for 
which there is a legal basis for nondisclosure 
and such public disclosure would be detrimental 
to national security, homeland security, or pub-
lic safety, the agency head shall notify the As-
sistant Secretary of that determination and 
shall include descriptions of the activities, capa-
bilities, functions, or missions (including wheth-
er they are space-based, air-based, or ground- 
based) supported by the information being with-
held. 
‘‘(B) 
INFORMATION
PROVIDED.—The 
agency head shall provide to the Assistant Sec-
retary— 
‘‘(i) the publicly releasable informa-
tion required by subsection (a)(1); 
‘‘(ii) to the maximum extent prac-
ticable, a summary description, suitable for 
public release, of the classified national se-
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curity information or other information for 
which there is a legal basis for nondisclo-
sure; and 
‘‘(iii) a classified annex, under appro-
priate cover, containing the classified na-
tional security information or other infor-
mation for which there is a legal basis for 
nondisclosure that the agency head has de-
termined must be withheld from public dis-
closure. 
‘‘(2) PUBLIC SAFETY NONDISCLOSURE.— 
‘‘(A) IN GENERAL.—If a licensee of non- 
Federal spectrum determines that public disclo-
sure of certain information held by that licensee 
and required to be submitted by subsection (a), 
(c), or (d) would reveal information for which 
public disclosure would be detrimental to public 
safety, or the licensee is otherwise prohibited by 
law from disclosing the information, the licensee 
may petition the Commission for a partial or 
total exemption from inclusion on the central-
ized portal or Web site under subsection (a)(2) 
and in the report required by subsection (c). 
‘‘(B) BURDEN.—The licensee seeking an 
exemption under this paragraph bears the bur-
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den of justifying the exemption and shall pro-
vide clear and convincing evidence to support 
such an exemption. 
‘‘(C) INFORMATION REQUIRED.—If an ex-
emption is granted under this paragraph, the li-
censee shall provide to the Commission— 
‘‘(i) the publicly releasable informa-
tion required by subsection (a)(1) for the 
inventory; 
‘‘(ii) to the maximum extent prac-
ticable, a summary description, suitable for 
public release, of the information for which 
public disclosure would be detrimental to 
public safety or the licensee is otherwise 
prohibited by law from disclosing; and 
‘‘(iii) an annex, under appropriate 
cover, containing the information that the 
Commission has determined should be 
withheld from public disclosure. 
‘‘(3) ADDITIONAL DISCLOSURE.—The annexes 
required under paragraphs (1)(B)(iii) and (2)(C)(iii) 
shall be provided to the congressional committees 
listed in subsection (c), but shall not be disclosed to 
the public under subsection (a) or subsection (d) or 
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provided to any unauthorized person through any 
other means. 
‘‘(4) NATIONAL SECURITY COUNCIL CONSULTA-
TION.—Prior to the release of the inventory under 
subsection (a), any updates to the inventory result-
ing from subsection (d), or the submission of a re-
port under subsection (c)(1), the Assistant Secretary 
and the Commission shall consult with the National 
Security Council for a period not to exceed 30 days 
for the purposes of determining what additional in-
formation, if any, shall be withheld from the public. 
‘‘(f) PROPRIETARY INFORMATION.—In creating and 
maintaining the inventory, centralized portal or Web site, 
and reports under this section, the Assistant Secretary 
and the Commission shall follow their rules and practice 
regarding confidential and proprietary information. Noth-
ing in this subsection shall be construed to compel the 
Commission to make publicly available any confidential or 
proprietary information.’’. 
SEC. 502. FEDERAL SPECTRUM PLANNING. 
(a) REVIEW OF EVALUATION PROCESS.—Not later 
than 6 months after the date of enactment of this Act, 
the Comptroller General of the United States shall— 
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(1) conduct a review of the processes that Fed-
eral entities utilize to evaluate the spectrum needs of 
such entities; 
(2) make recommendations on how to improve 
such processes; and 
(3) submit to the appropriate committees of 
Congress a report on the review and recommenda-
tions made pursuant to paragraphs (1) and (2). 
(b) REVISION OF EVALUATION PROCESS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, each Federal enti-
ty shall update or revise the process used by such 
entity to evaluate the proposed spectrum needs of 
such entity, or establish such a process, taking into 
account any applicable recommendations made in 
the report required by subsection (a). 
(2) REQUIRED INCLUSIONS.— 
(A) ANALYSIS OF OPTIONS.—Each process 
described in paragraph (1), whether newly es-
tablished, updated, or revised, shall include an 
analysis and assessment of— 
(i) the options available to the Federal 
entity to obtain communications services 
that are the most spectrum-efficient; and 
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(ii) the effective alternatives available 
to such entity that will permit the entity to 
continue to satisfy the mission require-
ments of the entity. 
(B) ANALYSIS SUBMITTED TO NTIA.—The 
analysis and assessment carried out under sub-
paragraph (A) shall be submitted by the Fed-
eral entity to the Assistant Secretary at the 
same time that the entity seeks certification or 
recertification, if applicable, of spectrum sup-
port from the NTIA pursuant to the require-
ments of the National Telecommunications and 
Information Administration Organization Act 
(47 U.S.C. 901 et seq.) and OMB Circular A– 
11. 
(c) SPECTRUM PLANS OF FEDERAL ENTITIES.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, and every 2 years 
thereafter, each Federal entity shall provide an enti-
ty-specific strategic spectrum plan to the Assistant 
Secretary and the Director of the Office of Manage-
ment and Budget. 
(2) REQUIRED
INCLUSIONS.—Each strategic 
spectrum plan submitted under paragraph (1) shall 
include— 
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(A) the spectrum requirements of the enti-
ty; 
(B) the planned uses of new technologies 
or expanded services requiring spectrum over a 
period of time to be determined by the entity; 
(C) 
suggested 
spectrum-efficient 
ap-
proaches to meeting the spectrum requirements 
identified under subparagraph (A); and 
(D) progress reports on the activities of 
the entity to improve its spectrum management. 
(d) CLASSIFIED NATIONAL SECURITY INFORMATION 
AND CERTAIN OTHER INFORMATION.— 
(1) IN GENERAL.—The head of a Federal entity 
shall take the actions described in paragraph (2) if 
such head determines that disclosure of information 
required by subsection (c) would reveal— 
(A) information that is classified in accord-
ance with Executive Order 13526 (75 Fed. Reg. 
707) or any successor Executive order estab-
lishing or modifying the uniform system for 
classifying, safeguarding, and declassifying na-
tional security information; or 
(B) other information for which there is a 
legal basis for nondisclosure and the public dis-
closure of which would be detrimental to na-
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tional security, homeland security, or public 
safety. 
(2) ACTIONS
DESCRIBED.—The actions de-
scribed in this paragraph are the following: 
(A) Notification to the Assistant Secretary 
of the determination under paragraph (1). 
(B) Provision to the Assistant Secretary 
of— 
(i) the publicly releasable information 
required by subsection (c); 
(ii) to the maximum extent prac-
ticable, a summary description, suitable for 
public release, of the classified information 
or other information for which there is a 
legal basis for nondisclosure; and 
(iii) a classified annex, under appro-
priate cover, containing the classified infor-
mation or other information for which 
there is a legal basis for nondisclosure that 
the head of the Federal entity has deter-
mined must be withheld from public disclo-
sure. 
(3) ANNEX RESTRICTION.—The Assistant Sec-
retary shall make an annex described in paragraph 
(2)(B)(iii) available to the Secretary of Commerce 
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and the Director of the Office of Management and 
Budget. Neither the Assistant Secretary, the Sec-
retary of Commerce, nor the Director of the Office 
of Management and Budget may make any such 
annex available to the public or to any unauthorized 
person through any other means. 
(e) FEDERAL STRATEGIC SPECTRUM PLAN.— 
(1) DEVELOPMENT AND SUBMISSION.— 
(A) IN GENERAL.—The Secretary of Com-
merce shall develop a Federal Strategic Spec-
trum Plan, in coordination with the Assistant 
Secretary and the Director of the Office of 
Management and Budget. 
(B) SUBMISSION TO CONGRESS.—Not later 
than 6 months after the date by which the ini-
tial entity-specific strategic spectrum plans are 
required to be submitted to the Assistant Sec-
retary under subsection (c)(1), the Secretary of 
Commerce shall, consistent with the require-
ments set forth in subsection (d)(3), submit the 
Federal Strategic Spectrum Plan developed 
under subparagraph (A) to the appropriate 
committees of Congress. 
(C) NONDISCLOSURE OF ANNEXES.—The 
Federal Strategic Spectrum Plan required to be 
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submitted under subparagraph (B) shall be 
submitted in unclassified form, but shall in-
clude, if appropriate, 1 or more annexes as pro-
vided for by subsection (d)(2)(B)(iii). No con-
gressional committee may make any such annex 
available to the public or to any unauthorized 
person. 
(D) CLASSIFIED ANNEXES.—If the Federal 
Strategic Spectrum Plan includes a classified 
annex 
as 
provided 
for 
by 
subsection 
(d)(2)(B)(iii), the Secretary of Commerce 
shall— 
(i) submit the classified annex only to 
the appropriate committees of Congress 
with primary oversight jurisdiction for the 
user entities or licensees concerned; and 
(ii) provide notice of the submission to 
the other appropriate committees of Con-
gress. 
(E) DEFINITION.—In this subsection, the 
term ‘‘appropriate committees of Congress’’ 
means the Committee on Commerce, Science, 
and Transportation of the Senate, the Com-
mittee on Energy and Commerce of the House 
of Representatives, and any other congressional 
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committee with primary oversight jurisdiction 
for the user entity or licensees concerned. 
(2) INCORPORATION OF ENTITY PLANS.—The 
Federal Strategic Spectrum Plan developed under 
paragraph (1)(A) shall incorporate, consistent with 
the requirements of subsection (d)(3), the initial en-
tity-specific strategic spectrum plans submitted 
under subsection (c)(1). 
(3) 
REQUIRED
INCLUSIONS.—The 
Federal 
Strategic Spectrum Plan developed under paragraph 
(1)(A) shall include— 
(A) information on how spectrum assigned 
to and used by Federal entities is being used; 
(B) opportunities to increase efficient use 
of infrastructure and spectrum assigned to and 
used by Federal entities; 
(C) an assessment of the future spectrum 
needs of the Federal Government; and 
(D) plans to incorporate such needs in the 
frequency assignment, equipment certification, 
and review processes of the Assistant Secretary. 
(4) UPDATES.—The Secretary of Commerce 
shall revise and update the Federal Strategic Spec-
trum Plan developed under paragraph (1)(A) to take 
into account the biennial submission of the entity- 
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specific strategic spectrum plans submitted under 
subsection (c)(1). 
(f) NATIONAL STRATEGIC SPECTRUM PLAN.— 
(1) IN GENERAL.—Not later than 4 years after 
the date of enactment of this Act, and every 4 years 
thereafter, the Assistant Secretary and the Commis-
sion, in consultation with other Federal departments 
and agencies, State, local, and tribal entities, and 
commercial spectrum interests, shall develop a quad-
rennial National Strategic Spectrum Plan. 
(2) REQUIRED INCLUSION.—A National Stra-
tegic Spectrum Plan developed under paragraph (1) 
shall include the following: 
(A) The Federal Strategic Spectrum Plan 
developed under paragraph (1)(A) of subsection 
(e), as updated under paragraph (4) of such 
subsection. 
(B) Long-range spectrum planning for 
both Federal and non-Federal users, including 
commercial users and State and local govern-
ment users. 
(C) An identification of new technologies 
or expanded services requiring spectrum. 
(D) An identification and analysis of the 
nature and characteristics of the new radio 
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communication systems required and the nature 
and characteristics of the spectrum required. 
(E) An identification and analysis of effi-
cient approaches to meeting the future spec-
trum requirements of all users, including— 
(i) requiring certain standards-based 
technologies that improve spectrum effi-
ciencies; 
(ii) spectrum sharing and reuse op-
portunities; 
(iii) possible reallocation; and 
(iv) any other approaches that pro-
mote efficient use of spectrum. 
(F) An evaluation of current spectrum 
auction processes to determine the effectiveness 
of such processes in— 
(i) promoting competition; 
(ii) improving the efficiency of spec-
trum use; and 
(iii) maximizing the full economic 
value of the spectrum to consumers, indus-
try, and taxpayers. 
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131 
SEC. 503. REALLOCATING FEDERAL SPECTRUM FOR COM-
MERCIAL PURPOSES AND FEDERAL SPEC-
TRUM SHARING. 
(a) 
ELIGIBLE
FEDERAL
ENTITIES.—Section 
113(g)(1) of the National Telecommunications and Infor-
mation Administration Organization Act (47 U.S.C. 
923(g)(1)) is amended to read as follows: 
‘‘(1) ELIGIBLE FEDERAL ENTITIES.—Any Fed-
eral entity that operates a Federal Government sta-
tion authorized to use a band of frequencies speci-
fied in paragraph (2) and that incurs relocation 
costs or sharing costs because of planning for a po-
tential auction of spectrum frequencies, a planned 
auction of spectrum frequencies, or the reallocation 
of spectrum frequencies from Federal use to exclu-
sive non-Federal use or to shared use shall receive 
payment for such relocation costs or sharing costs 
from the Spectrum Relocation Fund, in accordance 
with section 118. For purposes of this paragraph, 
Federal power agencies exempted under subsection 
(c)(4) that choose to relocate from the frequencies 
identified for reallocation pursuant to subsection (a) 
are eligible to receive payment under this para-
graph.’’. 
(b) ELIGIBLE FREQUENCIES.—Section 113(g)(2)(B) 
of the National Telecommunications and Information Ad-
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ministration Organization Act (47 U.S.C. 923(g)(2)(B)) 
is amended to read as follows: 
‘‘(B) any other band of frequencies reallo-
cated from Federal use to non-Federal or 
shared use, whether for licensed or unlicensed 
use, after January 1, 2003, that is assigned— 
‘‘(i) by competitive bidding pursuant 
to section 309(j) of the Communications 
Act of 1934 (47 U.S.C. 309(j)); or 
‘‘(ii) as a result of an Act of Congress 
or any other administrative or executive di-
rection.’’. 
(c) RELOCATION COSTS AND SHARING COSTS DE-
FINED.—Section 113(g)(3) of the National Telecommuni-
cations and Information Administration Organization Act 
(47 U.S.C. 923(g)(3)) is amended to read as follows: 
‘‘(3) RELOCATION COSTS AND SHARING COSTS 
DEFINED.— 
‘‘(A) IN GENERAL.—For purposes of this 
subsection, the term ‘relocation costs’ or ‘shar-
ing costs’ means the costs incurred by a Fed-
eral entity in connection with the auction (or a 
potential or planned auction) of spectrum fre-
quencies previously assigned to such entity, or 
the sharing of spectrum frequencies assigned to 
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such entity (including the auction or a potential 
or planned auction of the rights to use spec-
trum frequencies on a shared basis with such 
entity), respectively, in order to achieve com-
parable capability of systems as before the relo-
cation or the sharing arrangement. Such term 
includes, with respect to relocation or sharing, 
as the case may be— 
‘‘(i) the costs of any modification or 
replacement of equipment, spares, associ-
ated ancillary equipment, software, facili-
ties, operating manuals, training costs, or 
regulations that are attributable to reloca-
tion or sharing; 
‘‘(ii) the costs of all engineering, 
equipment, software, site acquisition, and 
construction, as well as any legitimate and 
prudent transaction expense, including 
term-limited Federal civil servant and con-
tractor staff necessary to carry out the re-
location or sharing activities of an eligible 
Federal entity, and reasonable additional 
costs incurred by the Federal entity that 
are attributable to relocation or sharing, 
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including increased recurring costs associ-
ated with the replacement of facilities; 
‘‘(iii) the costs of research, engineer-
ing studies, economic analyses, or other ex-
penses reasonably incurred in connection 
with— 
‘‘(I) calculating the estimated re-
location costs or sharing costs that 
are provided to the Commission pur-
suant to paragraph (4); 
‘‘(II) determining the technical or 
operational feasibility of relocation to 
1 or more potential relocation bands; 
or 
‘‘(III) planning for or managing 
a relocation or sharing project (includ-
ing spectrum coordination with auc-
tion winners) or potential relocation 
or sharing project; 
‘‘(iv) the one-time costs of any modi-
fication of equipment reasonably nec-
essary— 
‘‘(I) to accommodate commercial 
use of shared frequencies; or 
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‘‘(II) in the case of eligible fre-
quencies reallocated for exclusive com-
mercial use and assigned through a 
competitive bidding process under sec-
tion 309(j) of the Communications 
Act of 1934 (47 U.S.C. 309(j)) but 
with respect to which a Federal entity 
retains primary allocation or protected 
status for a period of time after the 
completion of the competitive bidding 
process, to accommodate shared Fed-
eral and non-Federal use of such fre-
quencies for such period; 
‘‘(v) the costs associated with the ac-
celerated replacement of systems and 
equipment if such acceleration is necessary 
to ensure the timely relocation of systems 
to a new frequency assignment or the time-
ly accommodation of sharing of Federal 
frequencies; and 
‘‘(vi) the costs of the use of commer-
cial systems (including systems not uti-
lizing spectrum) to replace Federal systems 
discontinued or relocated pursuant to this 
Act, including lease (including lease of 
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136 
land), subscription, and equipment costs 
over an appropriate period, such as the an-
ticipated life of an equivalent Federal sys-
tem or other period determined by the Di-
rector of the Office of Management and 
Budget. 
‘‘(B) COMPARABLE
CAPABILITY
OF
SYS-
TEMS.—For purposes of subparagraph (A), 
comparable capability of systems— 
‘‘(i) may be achieved by relocating a 
Federal Government station to a new fre-
quency assignment, by relocating a Federal 
Government station to a different geo-
graphic location, by modifying Federal 
Government equipment to mitigate inter-
ference or use less spectrum, in terms of 
bandwidth, geography, or time, and there-
by permitting spectrum sharing (including 
sharing among relocated Federal entities 
and incumbents to make spectrum avail-
able for non-Federal use) or relocation, or 
by utilizing an alternative technology; and 
‘‘(ii) includes the acquisition of state- 
of-the-art replacement systems intended to 
meet comparable operational scope, which 
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137 
may 
include 
incidental 
increases 
in 
functionality.’’. 
(d) CERTAIN PROCEDURAL REQUIREMENTS.—Sec-
tion 113(g) of the National Telecommunications and In-
formation Administration Organization Act (47 U.S.C. 
923(g)) is amended— 
(1) in paragraph (4)(A)— 
(A) by inserting ‘‘or sharing costs’’ after 
‘‘relocation costs’’; and 
(B) by inserting ‘‘or sharing’’ after ‘‘such 
relocation’’; 
(2) in paragraph (5)— 
(A) by inserting ‘‘or sharing costs’’ after 
‘‘relocation costs’’; and 
(B) by inserting ‘‘or sharing’’ after ‘‘for 
relocation’’; and 
(3) in paragraph (6)— 
(A) in the 1st sentence, by inserting ‘‘and 
the timely implementation of arrangements for 
the sharing of such frequencies’’ before the pe-
riod at the end; 
(B) in the 2nd sentence— 
(i) by striking ‘‘by relocating to a new 
frequency assignment or by utilizing an al-
ternative technology’’; 
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(ii) by inserting ‘‘or limit’’ after ‘‘ter-
minate’’; and 
(iii) by inserting ‘‘or sharing arrange-
ment has been implemented’’ before the 
period at the end; and 
(C) in the 3rd sentence, by inserting ‘‘or 
sharing’’ after ‘‘relocation’’. 
(e) SPECTRUM
SHARING
AGREEMENTS.—Section 
113(g) of the National Telecommunications and Informa-
tion Administration Organization Act, as amended by sub-
section (d), is further amended by adding at the end the 
following: 
‘‘(7) SPECTRUM
SHARING
AGREEMENTS.—A 
Federal entity is permitted to allow access to its fre-
quency assignments by a non-Federal entity upon 
approval of the NTIA, in consultation with the Di-
rector of the Office of Management and Budget. 
Such non-Federal entities shall comply with all ap-
plicable rules of the Commission and the NTIA, in-
cluding any regulations promulgated pursuant to 
this section. Any remuneration associated with such 
access shall be deposited into the Spectrum Reloca-
tion Fund established under section 118. The costs 
incurred by a Federal entity as a result of allowing 
such access are sharing costs for which the entity is 
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eligible for payment from the Fund for the purposes 
specified in paragraph (3). The revenue associated 
with such access shall be at least 110 percent of the 
estimated Federal costs.’’. 
(f) SPECTRUM RELOCATION FUND.—Section 118 of 
the National Telecommunications and Information Ad-
ministration Organization Act (47 U.S.C. 928) is amend-
ed— 
(1) in subsection (b), by inserting before the pe-
riod at the end the following: ‘‘and any payments 
made by non-Federal entities for access to Federal 
spectrum pursuant to section 113(g)(7)’’; 
(2) by amending subsection (c) to read as fol-
lows: 
‘‘(c) USE OF FUNDS.— 
‘‘(1) FUNDS FROM AUCTIONS.—The amounts in 
the Fund from auctions of eligible frequencies are 
authorized to be used to pay relocation costs or 
sharing costs, as defined in section 113(g)(3), of an 
eligible Federal entity incurring such costs with re-
spect to relocation from any eligible frequency or the 
sharing of such frequency. 
‘‘(2) FUNDS
FROM
PAYMENTS
BY
NON-FED-
ERAL ENTITIES.—The amounts in the Fund from 
payments by non-Federal entities for access to Fed-
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140 
eral spectrum pursuant to section 113(g)(7) are au-
thorized to be used to pay the sharing costs, as de-
fined in section 113(g)(3), of an eligible Federal en-
tity incurring such costs with respect to such access. 
‘‘(3) TRANSFER OF FUNDS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Director of OMB may transfer 
at any time (including prior to any auction or 
contemplated auction or sharing initiative) such 
sums as may be available in the Fund to an eli-
gible Federal entity to pay eligible relocation 
costs or sharing costs related to pre-auction es-
timates or research, as such costs are described 
in section 113(g)(3)(A)(iii). 
‘‘(B) NOTIFICATION.—No funds may be 
transferred pursuant to subparagraph (A) un-
less the notification provided under subsection 
(d)(2)(B) includes a certification from the Di-
rector of OMB that— 
‘‘(i) funds transferred before an auc-
tion will likely allow for timely implementa-
tion of relocation or sharing, thereby in-
creasing net expected auction proceeds by 
an amount equal to or greater than the 
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time value of the amount of funds trans-
ferred; and 
‘‘(ii) the auction is intended to occur 
not later than 5 years after transfer of 
funds. 
‘‘(C) APPLICABILITY.— 
‘‘(i) PRIOR
COSTS
INCURRED.—The 
Director of OMB may transfer up to 
$10,000,000 from the Fund to eligible 
Federal entities for eligible relocation costs 
or sharing costs related to pre-auction esti-
mates or research, as such costs are de-
scribed in section 113(g)(3)(A)(iii), for 
costs incurred prior to the date of the en-
actment of the Wireless Innovation and 
Public Safety Act of 2011, but after June 
28, 2010. 
‘‘(ii) SUPPLEMENT NOT SUPPLANT.— 
Any amounts transferred by the Director 
of OMB pursuant to clause (i) shall be in 
addition to any amounts that the Director 
of OMB may transfer for costs incurred 
after the date of the enactment of the 
Wireless Innovation and Public Safety Act 
of 2011.’’; 
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(3) in subsection (d)— 
(A) in paragraph (1), by inserting ‘‘and 
sharing costs’’ after ‘‘relocation costs’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by inserting 
‘‘or sharing’’ before the semicolon; and 
(ii) in subparagraph (B)— 
(I) by inserting ‘‘or sharing 
costs’’ after ‘‘relocation costs’’; and 
(II) by inserting ‘‘or sharing’’ be-
fore the period at the end; and 
(C) by amending paragraph (3) to read as 
follows: 
‘‘(3) REVERSION OF UNUSED FUNDS.— 
‘‘(A) IN GENERAL.—Any amounts in the 
Fund that are remaining after the payment of 
the relocation costs and sharing costs that are 
payable from the Fund shall revert to and be 
deposited in the general fund of the Treasury 
not later than 8 years after the date of the de-
posit of such proceeds to the Fund, unless with-
in 60 days in advance of the reversion of such 
funds, the Director of OMB, in consultation 
with the NTIA, notifies the appropriate com-
mittees of Congress that such funds are needed 
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144 
‘‘(1) AMOUNTS
AVAILABLE.—Notwithstanding 
subsections (c) through (e), after the date of the en-
actment of the Wireless Innovation and Public Safe-
ty Act of 2011, and following the credit of any 
amounts specified in subsection (b), there are hereby 
appropriated from the Fund and available to the Di-
rector of OMB— 
‘‘(A) up to 10 percent of the amounts de-
posited in the Fund from the auction of licenses 
for frequencies of spectrum vacated by Federal 
entities; and 
‘‘(B) up to 10 percent of the amounts de-
posited in the Fund by non-Federal entities for 
sharing of Federal spectrum. 
‘‘(2) USE
OF
AMOUNTS.—The Director of 
OMB, in consultation with the NTIA, may use such 
amounts to make payments to eligible Federal enti-
ties for the purpose of encouraging timely access to 
such spectrum, provided that— 
‘‘(A) any such payment by the Director of 
OMB is based on the market value of the spec-
trum, the timeliness with which the Federal en-
tity cleared its use of such spectrum, and the 
need for such spectrum in order for the Federal 
entity to conduct its essential missions; 
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‘‘(B) any such payment by the Director of 
OMB is used to carry out— 
‘‘(i) the purposes specified in clauses 
(i) through (vi) of section 113(g)(3)(A) to 
achieve enhanced capability for those sys-
tems affected by reallocation of Federal 
spectrum for commercial use, or by sharing 
of Federal frequencies with non-Federal 
entities; and 
‘‘(ii) other communications, radar, 
and spectrum-using investments not di-
rectly affected by such reallocation or shar-
ing but essential for the missions of the 
Federal entity that is relocating its sys-
tems or sharing frequencies; 
‘‘(C) the amount remaining in the Fund 
after any such payment by the Director of 
OMB is not less than 10 percent of the winning 
bids in the relevant auction, or is not less than 
10 percent of the payments from non-Federal 
entities in the relevant sharing agreement; 
‘‘(D) any such payment by the Director of 
OMB shall not be made until 30 days after the 
Director has notified the Committees on Appro-
priations and Commerce, Science, and Trans-
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portation of the Senate, and the Committees on 
Appropriations and Energy and Commerce of 
the House of Representatives; and 
‘‘(E) the Director of OMB shall make 
available from such amounts not more than 
$3,000,000 per year for each of the fiscal years 
2012 through 2016 for use by the Assistant 
Secretary in carrying out the spectrum manage-
ment activities of the Assistant Secretary under 
title V of the Wireless Innovation and Public 
Safety Act of 2011.’’. 
(g) PUBLIC DISCLOSURE AND NONDISCLOSURE.—If 
the head of an executive agency of the Federal Govern-
ment determines that public disclosure of any information 
contained in a notification or report required by section 
113 or 118 of the National Telecommunications and In-
formation Administration Organization Act (47 U.S.C. 
923; 928) would reveal classified national security infor-
mation or other information for which there is a legal 
basis for nondisclosure and such public disclosure would 
be detrimental to national security, homeland security, 
public safety, or jeopardize law enforcement investiga-
tions, the head of the executive agency shall notify the As-
sistant Secretary of that determination prior to release of 
such classified information or other information. In that 
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event, such classified information or other information 
shall be included in a separate annex, as needed. These 
annexes shall be provided to the subcommittee of primary 
jurisdiction of the congressional committee of primary ju-
risdiction in accordance with appropriate national security 
stipulations but shall not be disclosed to the public or pro-
vided to any unauthorized person through any other 
means. 
SEC. 504. STUDY ON SPECTRUM EFFICIENCY THROUGH RE-
CEIVER STANDARDS. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct a study on efforts to ensure 
that each transmission system that employs radio spec-
trum is designed and operated so that reasonable use of 
adjacent spectrum does not excessively impair the func-
tioning of such system. 
(b) REQUIRED CONSIDERATIONS.—At a minimum, 
the study required by subsection (a) shall consider— 
(1) the value of— 
(A) improving receiver standards as it re-
lates to increasing spectral efficiency; 
(B) improving operation of services in ad-
jacent frequencies; 
(C) narrowing the guard bands between 
adjacent spectrum use; and 
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(D) improving overall receiver performance 
for the end user; 
(2) the role of manufacturers, commercial li-
censees, and government users with respect to their 
transmission systems and use of adjacent spectrum 
described in subsection (a); 
(3) the feasibility of industry self-compliance 
with respect to the design and operational require-
ments of transmission systems and the reasonable 
use of adjacent spectrum described in subsection (a); 
and 
(4) the value of action by the Commission and 
the Assistant Secretary to establish, by rule, tech-
nical requirements or standards for non-Federal and 
Federal use, respectively, with respect to the reason-
able use of adjacent spectrum described in sub-
section (a). 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General of the 
United States shall submit a report to the appropriate 
committees of Congress on the results of the study re-
quired by subsection (a). 
(d) DEFINITION.—For purposes of this section, the 
term ‘‘transmission system’’ means any telecommuni-
cations, broadcast, satellite, commercial mobile service, or 
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