195 
any amounts previously borrowed but not yet repaid, owed 
pursuant to clause (2) of subsection (a) of section 1309 
of the National Flood Insurance Act of 1968 (42 U.S.C. 
4016(a)(2)). 
SEC. 3034. NO CAUSE OF ACTION. 
No cause of action shall exist and no claim may be 
brought against the United States for violation of any no-
tification requirement imposed upon the United States by 
this title or any amendment made by this title. 
SEC. 3035. AUTHORITY FOR THE CORPS OF ENGINEERS TO 
PROVIDE SPECIALIZED OR TECHNICAL SERV-
ICES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, upon the request of a State or local govern-
ment, the Secretary of the Army may evaluate a levee sys-
tem that was designed or constructed by the Secretary for 
the purposes of the National Flood Insurance Program es-
tablished under chapter 1 of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4011 et seq.). 
(b) REQUIREMENTS.—A levee system evaluation 
under subsection (a) shall— 
(1) comply with applicable regulations related 
to areas protected by a levee system; 
(2) be carried out in accordance with such pro-
cedures as the Secretary, in consultation with the
196 
Administrator of the Federal Emergency Manage-
ment Agency, may establish; and 
(3) be carried out only if the State or local gov-
ernment agrees to reimburse the Secretary for all 
cost associated with the performance of the activi-
ties. 
TITLE IV—JUMPSTARTING OP-
PORTUNITY 
WITH 
BROADBAND SPECTRUM ACT 
OF 2011 
SEC. 4001. SHORT TITLE. 
This title may be cited as the ‘‘Jumpstarting Oppor-
tunity with Broadband Spectrum Act of 2011’’ or the 
‘‘JOBS Act of 2011’’. 
SEC. 4002. DEFINITIONS. 
In this title: 
(1) 700 MHZ D BLOCK SPECTRUM.—The term 
‘‘700 MHz D block spectrum’’ means the portion of 
the electromagnetic spectrum between the fre-
quencies from 758 megahertz to 763 megahertz and 
between the frequencies from 788 megahertz to 793 
megahertz. 
(2) 700 MHZ
PUBLIC
SAFETY
GUARD
BAND 
SPECTRUM.—The term ‘‘700 MHz public safety 
guard band spectrum’’ means the portion of the
197 
electromagnetic spectrum between the frequencies 
from 768 megahertz to 769 megahertz and between 
the frequencies from 798 megahertz to 799 mega-
hertz. 
(3) 700 MHZ
PUBLIC
SAFETY
NARROWBAND 
SPECTRUM.—The term ‘‘700 MHz public safety 
narrowband spectrum’’ means the portion of the 
electromagnetic spectrum between the frequencies 
from 769 megahertz to 775 megahertz and between 
the frequencies from 799 megahertz to 805 mega-
hertz. 
(4) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the entity selected under section 
4203(a) to serve as Administrator of the National 
Public Safety Communications Plan. 
(5) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Commerce for Communications and Information. 
(6) BOARD.—The term ‘‘Board’’ means the 
Public Safety Communications Planning Board es-
tablished under section 4202(a)(1). 
(7) BROADCAST
TELEVISION
LICENSEE.—The 
term ‘‘broadcast television licensee’’ means the li-
censee of— 
(A) a full-power television station; or
198 
(B) a low-power television station that has 
been accorded primary status as a Class A tele-
vision licensee under section 73.6001(a) of title 
47, Code of Federal Regulations. 
(8) BROADCAST TELEVISION SPECTRUM.—The 
term ‘‘broadcast television spectrum’’ means the por-
tions of the electromagnetic spectrum between the 
frequencies from 54 megahertz to 72 megahertz, 
from 76 megahertz to 88 megahertz, from 174 
megahertz to 216 megahertz, and from 470 mega-
hertz to 698 megahertz. 
(9) COMMERCIAL MOBILE DATA SERVICE.—The 
term ‘‘commercial mobile data service’’ means any 
mobile service (as defined in section 3 of the Com-
munications Act of 1934 (47 U.S.C. 153)) that is— 
(A) a data service; 
(B) provided for profit; and 
(C) available to the public or such classes 
of eligible users as to be effectively available to 
a substantial portion of the public, as specified 
by regulation by the Commission. 
(10) 
COMMERCIAL
MOBILE
SERVICE.—The 
term ‘‘commercial mobile service’’ has the meaning 
given such term in section 332 of the Communica-
tions Act of 1934 (47 U.S.C. 332).
199 
(11) COMMERCIAL
STANDARDS.—The term 
‘‘commercial standards’’ means the technical stand-
ards followed by the commercial mobile service and 
commercial mobile data service industries for net-
work, device, and Internet Protocol connectivity. 
Such term includes standards developed by the 
Third Generation Partnership Project (3GPP), the 
Institute of Electrical and Electronics Engineers 
(IEEE), the Alliance for Telecommunications Indus-
try Solutions (ATIS), the Internet Engineering Task 
Force (IETF), and the International Telecommuni-
cation Union (ITU). 
(12) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(13) EMERGENCY CALL.—The term ‘‘emergency 
call’’ means any real-time communication with a 
public safety answering point or other emergency 
management 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 
data, which may also include real-time voice, 
text, or video communications.
200 
(14) FORWARD AUCTION.—The term ‘‘forward 
auction’’ means the portion of an incentive auction 
of broadcast television spectrum under section 
4104(c). 
(15) INCENTIVE AUCTION.—The term ‘‘incen-
tive auction’’ means a system of competitive bidding 
under subparagraph (G) of section 309(j)(8) of the 
Communications Act of 1934, as added by section 
4103. 
(16) MULTICHANNEL
VIDEO
PROGRAMMING 
DISTRIBUTOR.—The term ‘‘multichannel video pro-
gramming distributor’’ has the meaning given such 
term in section 602 of the Communications Act of 
1934 (47 U.S.C. 522). 
(17) NATIONAL
PUBLIC
SAFETY
COMMUNICA-
TIONS
PLAN.—The term ‘‘National Public Safety 
Communications Plan’’ or ‘‘Plan’’ means the plan 
adopted under section 4202(c). 
(18) 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;
201 
(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, messages, 
and data to the appropriate public safety an-
swering point and other appropriate emergency 
entities; 
(E) supports data or video communications 
needs for coordinated incident response and 
management; and 
(F) provides broadband service to public 
safety answering points or other first responder 
entities. 
(19) NTIA.—The term ‘‘NTIA’’ means the Na-
tional Telecommunications and Information Admin-
istration. 
(20) PUBLIC SAFETY ANSWERING POINT.—The 
term ‘‘public safety answering point’’ has the mean-
ing given such term in section 222 of the Commu-
nications Act of 1934 (47 U.S.C. 222). 
(21) 
PUBLIC
SAFETY
BROADBAND
SPEC-
TRUM.—The term ‘‘public safety broadband spec-
202 
trum’’ means the portion of the electromagnetic 
spectrum between the frequencies from 763 mega-
hertz to 768 megahertz and between the frequencies 
from 793 megahertz to 798 megahertz. 
(22) PUBLIC SAFETY COMMUNICATIONS.—The 
term ‘‘public safety communications’’ means commu-
nications by providers of public safety services. 
(23) PUBLIC
SAFETY
SERVICES.—The term 
‘‘public safety services’’ has the meaning given such 
term in section 337 of the Communications Act of 
1934 (47 U.S.C. 337). 
(24) REVERSE
AUCTION.—The term ‘‘reverse 
auction’’ means the portion of an incentive auction 
of broadcast television spectrum under section 
4104(a), in which a broadcast television licensee may 
submit bids stating the amount it would accept for 
voluntarily relinquishing some or all of its broadcast 
television spectrum usage rights. 
(25) SPECTRUM LICENSED TO THE ADMINIS-
TRATOR.—The term ‘‘spectrum licensed to the Ad-
ministrator’’ means the portion of the electro-
magnetic spectrum that the Administrator is li-
censed to use under section 4201(a).
203 
(26) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153). 
(27) STATE PUBLIC SAFETY BROADBAND COM-
MUNICATIONS NETWORK.—The term ‘‘State public 
safety broadband communications network’’ means a 
broadband network for public safety communications 
established by a State Public Safety Broadband Of-
fice, in accordance with the National Public Safety 
Communications Plan, using the spectrum licensed 
to the Administrator. 
(28) STATE PUBLIC SAFETY BROADBAND OF-
FICE.—The term ‘‘State Public Safety Broadband 
Office’’ means an office established or designated 
under section 4221(a). 
(29) ULTRA
HIGH
FREQUENCY.—The term 
‘‘ultra high frequency’’ means, with respect to a tele-
vision channel, that the channel is located in the 
portion of the electromagnetic spectrum between the 
frequencies from 470 megahertz to 698 megahertz. 
(30) VERY HIGH FREQUENCY.—The term ‘‘very 
high frequency’’ means, with respect to a television 
channel, that the channel is located in the portion of 
the electromagnetic spectrum between the fre-
quencies from 54 megahertz to 72 megahertz, from
204 
76 megahertz to 88 megahertz, or from 174 mega-
hertz to 216 megahertz. 
SEC. 4003. RULE OF CONSTRUCTION. 
Each range of frequencies described in this title shall 
be construed to be inclusive of the upper and lower fre-
quencies in the range. 
SEC. 4004. ENFORCEMENT. 
(a) IN GENERAL.—The Commission shall implement 
and enforce this title as if this title is a part of the Com-
munications Act of 1934 (47 U.S.C. 151 et seq.). A viola-
tion of this title, or a regulation promulgated under this 
title, shall be considered to be a violation of the Commu-
nications Act of 1934, or a regulation promulgated under 
such Act, respectively. 
(b) EXCEPTIONS.— 
(1) OTHER AGENCIES.—Subsection (a) does not 
apply in the case of a provision of this title that is 
expressly required to be carried out by an agency (as 
defined in section 551 of title 5, United States 
Code) other than the Commission. 
(2) NTIA REGULATIONS.—The Assistant Sec-
retary may promulgate such regulations as are nec-
essary to implement and enforce any provision of 
this title that is expressly required to be carried out 
by the Assistant Secretary.
205 
SEC. 4005. NATIONAL SECURITY RESTRICTIONS ON USE OF 
FUNDS AND AUCTION PARTICIPATION. 
(a) USE OF FUNDS.—No funds made available by 
section 4102 or subtitle B may be used to make payments 
under a contract to a person described in subsection (c). 
(b) AUCTION PARTICIPATION.—A person described in 
subsection (c) may not participate in a system of competi-
tive bidding under section 309(j) of the Communications 
Act of 1934 (47 U.S.C. 309(j))— 
(1) that is required to be conducted by this 
title; or 
(2) in which any spectrum usage rights for 
which licenses are being assigned were made avail-
able under clause (i) of subparagraph (G) of para-
graph (8) of such section, as added by section 4103. 
(c) PERSON DESCRIBED.—A person described in this 
subsection is a person who has been, for reasons of na-
tional security, barred by any agency of the Federal Gov-
ernment from bidding on a contract, participating in an 
auction, or receiving a grant. 
Subtitle A—Spectrum Auction 
Authority 
SEC. 4101. DEADLINES FOR AUCTION OF CERTAIN SPEC-
TRUM. 
(a) CLEARING CERTAIN FEDERAL SPECTRUM.— 
(1) IN GENERAL.—The President shall—
206 
(A) not later than 3 years after the date 
of the enactment of this Act, begin the process 
of withdrawing or modifying the assignment to 
a Federal Government station of the electro-
magnetic spectrum described in paragraph (2); 
and 
(B) not later than 30 days after com-
pleting the withdrawal or modification, notify 
the Commission that the withdrawal or modi-
fication is complete. 
(2) 
SPECTRUM
DESCRIBED.—The 
electro-
magnetic spectrum described in this paragraph is 
the following: 
(A) The frequencies between 1755 mega-
hertz and 1780 megahertz, except that if— 
(i) the Secretary of Commerce— 
(I) determines that such fre-
quencies cannot be reallocated for 
non-Federal use because incumbent 
Federal operations cannot be elimi-
nated, relocated to other spectrum, or 
accommodated through other means; 
(II) identifies other spectrum for 
reallocation for non-Federal use that 
the Secretary of Commerce deter-
207 
mines can reasonably be expected to 
produce a comparable amount of net 
auction proceeds; and 
(III) submits to the Committee 
on Commerce, Science, and Transpor-
tation of the Senate and the Com-
mittee on Energy and Commerce of 
the House of Representatives a report 
that identifies such spectrum and ex-
plains the determinations under sub-
clauses (I) and (II); and 
(ii) not later than 1 year after the 
date of the submission of such report, 
there is enacted a law approving the sub-
stitution of the spectrum identified under 
clause (i)(II) for the frequencies between 
1755 megahertz and 1780 megahertz; 
the spectrum described in this subparagraph 
shall be the spectrum identified under such 
clause. 
(B) The 15 megahertz of spectrum be-
tween 1675 megahertz and 1710 megahertz 
identified under paragraph (3). 
(C) The frequencies between 3550 mega-
hertz and 3650 megahertz, except for the geo-
208 
graphic exclusion zones (as such zones may be 
amended) identified in the report of the NTIA 
published in October 2010 and entitled ‘‘An As-
sessment of Near-Term Viability of Accommo-
dating Wireless Broadband Systems in 1675– 
1710 MHz, 1755–1780 MHz, 3500–3650 MHz, 
and 
4200–4220 
MHz, 
4380–4400 
MHz 
Bands’’. 
(3) IDENTIFICATION BY SECRETARY OF COM-
MERCE.—Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Commerce 
shall submit to the President a report identifying 15 
megahertz of spectrum between 1675 megahertz and 
1710 megahertz for reallocation from Federal use to 
non-Federal use. 
(b) REALLOCATION AND AUCTION.— 
(1) IN GENERAL.—Notwithstanding paragraph 
(15)(A) of section 309(j) of the Communications Act 
of 1934 (47 U.S.C. 309(j)), not later than 3 years 
after the date of the enactment of this Act, the 
Commission shall, except as provided in paragraph 
(4)— 
(A) allocate the spectrum described in 
paragraph (2) for commercial use; and
209 
(B) through a system of competitive bid-
ding under such section, grant new initial li-
censes for the use of such spectrum, subject to 
flexible-use service rules. 
(2) SPECTRUM DESCRIBED.—The spectrum de-
scribed in this paragraph is the following: 
(A) The frequencies between 1915 mega-
hertz and 1920 megahertz, paired with the fre-
quencies between 1995 megahertz and 2000 
megahertz. 
(B) The frequencies described in sub-
section (a)(2)(A). 
(C) The frequencies between 2155 mega-
hertz and 2180 megahertz. 
(D) The 15 megahertz of spectrum identi-
fied under subsection (a)(3), paired with 15 
megahertz of contiguous spectrum to be identi-
fied by the Commission. 
(E) The frequencies described in sub-
section (a)(2)(C). 
(3) PROCEEDS TO COVER 110 PERCENT OF FED-
ERAL RELOCATION OR SHARING COSTS.—Nothing in 
paragraph (1) shall be construed to relieve the Com-
mission 
from 
the 
requirements 
of 
section
210 
309(j)(16)(B) of the Communications Act of 1934 
(47 U.S.C. 309(j)(16)(B)). 
(4) DETERMINATION BY COMMISSION.—If the 
Commission determines that either band of fre-
quencies described in paragraph (2)(A) cannot be 
used without causing harmful interference to com-
mercial mobile service licensees in the frequencies 
between 1930 megahertz and 1995 megahertz, the 
Commission may not— 
(A) allocate for commercial use under 
paragraph (1)(A) either band described in para-
graph (2)(A); or 
(B) grant licenses under paragraph (1)(B) 
for the use of either band described in para-
graph (2)(A). 
(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 ‘‘(D), and 
(E),’’ and inserting ‘‘(D), (E), (F), and (G),’’; 
(2) in subparagraph (C)(i), by striking ‘‘sub-
paragraph (E)(ii)’’ and inserting ‘‘subparagraphs 
(D)(ii), (E)(ii), (F), and (G)’’; 
(3) in subparagraph (D)—
211 
(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.— 
Notwithstanding subparagraph (A) and ex-
cept 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 section 4101(b)(1)(B) 
of the Jumpstarting Opportunity with 
Broadband Spectrum Act of 2011, such 
portion of such proceeds as is necessary to 
cover the relocation or sharing costs (as 
defined in paragraph (3) of such section 
113(g)) of Federal entities relocated from
212 
such eligible frequencies shall be deposited 
in the Spectrum Relocation Fund. The re-
mainder of such proceeds shall be depos-
ited in the Public Safety Trust Fund es-
tablished by section 4241(a)(1) of the 
Jumpstarting Opportunity with Broadband 
Spectrum Act of 2011.’’; and 
(4) by adding at the end the following: 
‘‘(F) CERTAIN
PROCEEDS
DESIGNATED 
FOR PUBLIC SAFETY TRUST FUND.—Notwith-
standing subparagraph (A) and except as pro-
vided in subparagraphs (B) and (D)(ii), 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 section 4101(b)(1)(B) of 
the Jumpstarting Opportunity with Broadband 
Spectrum Act of 2011 shall be deposited in the 
Public Safety Trust Fund established by section 
4241(a)(1) of such Act.’’. 
SEC. 4102. 700 MHZ PUBLIC SAFETY NARROWBAND SPEC-
TRUM AND GUARD BAND SPECTRUM. 
(a) REALLOCATION AND AUCTION.— 
(1) IN GENERAL.—On the date that is 5 years 
after a certification by the Administrator to the
213 
Commission of the availability of standards for pub-
lic safety voice over broadband, the Commission 
shall, notwithstanding paragraph (15)(A) of section 
309(j) of the Communications Act of 1934 (47 
U.S.C. 309(j))— 
(A) reallocate the 700 MHz public safety 
narrowband spectrum and the 700 MHz public 
safety guard band spectrum for commercial use; 
and 
(B) begin a system of competitive bidding 
under such section to grant new initial licenses 
for the use of such spectrum. 
(2) 
AUCTION
PROCEEDS.—Notwithstanding 
subparagraphs (A) and (C)(i) of paragraph (8) of 
such section, not more than $1,000,000,000 of the 
proceeds (including deposits and upfront payments 
from successful bidders) from the use of a system of 
competitive bidding pursuant to paragraph (1)(B) 
shall be available to the Assistant Secretary to carry 
out subsection (b) and shall remain available until 
expended. 
(b) GRANTS
FOR PUBLIC SAFETY RADIO EQUIP-
MENT.— 
(1) IN GENERAL.—From amounts made avail-
able under subsection (a)(2), the Assistant Secretary
214 
shall make grants to States for the acquisition of 
public safety radio equipment. 
(2) APPLICATION.—The Assistant Secretary 
may only make a grant under this subsection to a 
State that submits an application at such time, in 
such form, and containing such information and as-
surances as the Assistant Secretary may require. 
(3) QUARTERLY REPORTS.— 
(A) FROM GRANTEES TO NTIA.—A State 
receiving grant funds under this subsection 
shall, not later than 3 months after receiving 
such funds and not less frequently than quar-
terly thereafter until the date that is 1 year 
after all such funds have been expended, submit 
to the Assistant Secretary a report on the use 
of grant funds by such State. 
(B) FROM NTIA TO CONGRESS.—Not later 
than 6 months after making the first grant 
under this subsection and not less frequently 
than quarterly thereafter until the date that is 
18 months after all such funds have been ex-
pended by the grantees, the Assistant Secretary 
shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and
215 
the Committee on Energy and Commerce of the 
House of Representatives a report that— 
(i) summarizes the reports submitted 
by grantees under subparagraph (A); and 
(ii) describes and evaluates the use of 
grant funds disbursed under this sub-
section. 
(c) CONFORMING AMENDMENTS.—Section 337(a) of 
the Communications Act of 1934 (47 U.S.C. 337(a)) is 
amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘Not later than January 1, 
1998, the’’ and inserting ‘‘The’’; and 
(B) by inserting ‘‘for either public safety 
services or commercial use,’’ after ‘‘inclusive,’’; 
(2) in paragraph (1)— 
(A) by striking ‘‘24 megahertz’’ and insert-
ing ‘‘Not more than 34 megahertz’’; and 
(B) by striking ‘‘, in consultation with the 
Secretary of Commerce and the Attorney Gen-
eral; and’’ and inserting a period; and 
(3) in paragraph (2), by striking ‘‘36 mega-
hertz’’ and inserting ‘‘Not more than 40 mega-
hertz’’.
216 
SEC. 4103. GENERAL AUTHORITY FOR INCENTIVE AUC-
TIONS. 
Section 309(j)(8) of the Communications Act of 
1934, as amended by section 4101(c), is further amended 
by adding at the end the following: 
‘‘(G) INCENTIVE AUCTIONS.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
subparagraph (A) and except as provided 
in subparagraph (B), the Commission may 
encourage a licensee to relinquish volun-
tarily some or all of its licensed spectrum 
usage rights in order to permit the assign-
ment of new initial licenses subject to flexi-
ble-use service rules by sharing with such 
licensee a portion, based on the value of 
the relinquished rights as determined in 
the reverse auction required by clause 
(ii)(I), of the proceeds (including deposits 
and upfront payments from successful bid-
ders) from the use of a competitive bidding 
system under this subsection. 
‘‘(ii) LIMITATIONS.—The Commission 
may not enter into an agreement for a li-
censee to relinquish spectrum usage rights 
in exchange for a share of auction proceeds 
under clause (i) unless—
217 
‘‘(I) the Commission conducts a 
reverse auction to determine the 
amount of compensation that licensees 
would accept in return for voluntarily 
relinquishing spectrum usage rights; 
and 
‘‘(II) at least two competing li-
censees participate in the reverse auc-
tion. 
‘‘(iii) TREATMENT
OF
REVENUES.— 
Notwithstanding subparagraph (A) and ex-
cept as provided in subparagraph (B), the 
proceeds (including deposits and upfront 
payments from successful bidders) from 
any auction, prior to the end of fiscal year 
2021, of spectrum usage rights made avail-
able under clause (i) that are not shared 
with licensees under such clause shall be 
deposited as follows: 
‘‘(I) $3,000,000,000 of the pro-
ceeds from the incentive auction of 
broadcast television spectrum required 
by section 4104 of the Jumpstarting 
Opportunity with Broadband Spec-
trum Act of 2011 shall be deposited
221 
(4) PROTECTION OF CARRIAGE RIGHTS OF LI-
CENSEES SHARING A CHANNEL.—A broadcast tele-
vision station that voluntarily relinquishes spectrum 
usage rights under this subsection in order to share 
a television channel and that possessed carriage 
rights under section 338, 614, or 615 of the Com-
munications Act of 1934 (47 U.S.C. 338; 534; 535) 
on November 30, 2010, shall have, at its shared lo-
cation, the carriage rights under such section that 
would apply to such station at such location if it 
were not sharing a channel. 
(b) REORGANIZATION
OF BROADCAST TV SPEC-
TRUM.— 
(1) IN
GENERAL.—For purposes of making 
available spectrum to carry out the forward auction 
under subsection (c)(1), the Commission— 
(A) shall evaluate the broadcast television 
spectrum (including spectrum made available 
through the reverse auction under subsection 
(a)(1)); and 
(B) may, subject to international coordina-
tion along the border with Mexico and Can-
ada—
222 
(i) make such reassignments of tele-
vision channels as the Commission con-
siders appropriate; and 
(ii) reallocate such portions of such 
spectrum as the Commission determines 
are available for reallocation. 
(2) FACTORS FOR CONSIDERATION.—In making 
any reassignments or reallocations under paragraph 
(1)(B), the Commission shall make all reasonable ef-
forts to preserve, as of the date of the enactment of 
this Act, the coverage area and population served of 
each broadcast television licensee, as determined 
using the methodology described in OET Bulletin 69 
of the Office of Engineering and Technology of the 
Commission. 
(3) NO INVOLUNTARY RELOCATION FROM UHF 
TO VHF.—In making any reassignments under para-
graph (1)(B)(i), the Commission may not involun-
tarily reassign a broadcast television licensee— 
(A) from an ultra high frequency television 
channel to a very high frequency television 
channel; or 
(B) from a television channel between the 
frequencies from 174 megahertz to 216 mega-
223 
hertz to a television channel between the fre-
quencies from 54 megahertz to 88 megahertz. 
(4) PAYMENT OF RELOCATION COSTS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), from amounts made avail-
able under subsection (d)(2), the Commission 
shall reimburse costs reasonably incurred by— 
(i) a broadcast television licensee that 
was reassigned under paragraph (1)(B)(i) 
from one ultra high frequency television 
channel to a different ultra high frequency 
television channel, from one very high fre-
quency television channel to a different 
very high frequency television channel, or, 
in accordance with subsection (g)(1)(B), 
from a very high frequency television chan-
nel to an ultra high frequency television 
channel, in order for the licensee to relo-
cate its television service from one channel 
to the other; or 
(ii) a multichannel video programming 
distributor in order to continue to carry 
the signal of a broadcast television licensee 
that— 
(I) is described in clause (i);
224 
(II) voluntarily relinquishes spec-
trum usage rights under subsection 
(a) with respect to an ultra high fre-
quency television channel in return for 
receiving usage rights with respect to 
a very high frequency television chan-
nel; or 
(III) 
voluntarily 
relinquishes 
spectrum usage rights under sub-
section (a) to share a television chan-
nel with another licensee. 
(B) REGULATORY RELIEF.—In lieu of re-
imbursement for relocation costs under sub-
paragraph (A), a broadcast television licensee 
may accept, and the Commission may grant as 
it considers appropriate, a waiver of the service 
rules of the Commission to permit the licensee, 
subject to interference protections, to make 
flexible use of the spectrum assigned to the li-
censee to provide services other than broadcast 
television services. Such waiver shall only re-
main in effect while the licensee provides at 
least 1 broadcast television program stream on 
such spectrum at no charge to the public.
225 
(C) LIMITATION.—The Commission may 
not make reimbursements under subparagraph 
(A) for lost revenues. 
(D) DEADLINE.—The Commission shall 
make all reimbursements required by subpara-
graph (A) not later than the date that is 3 
years after the completion of the forward auc-
tion under subsection (c)(1). 
(5) LOW-POWER TELEVISION USAGE RIGHTS.— 
Nothing in this subsection shall be construed to alter 
the spectrum usage rights of low-power television 
stations. 
(c) FORWARD AUCTION.— 
(1) AUCTION
REQUIRED.—The Commission 
shall conduct a forward auction in which— 
(A) the Commission assigns licenses for 
the use of the spectrum that the Commission 
reallocates under subsection (b)(1)(B)(ii); and 
(B) the amount of the proceeds that the 
Commission shares under clause (i) of section 
309(j)(8)(G) of the Communications Act of 
1934 with each licensee whose bid the Commis-
sion accepts in the reverse auction under sub-
section (a)(1) is not less than the amount of 
such bid.
226 
(2) MINIMUM PROCEEDS.— 
(A) IN GENERAL.—If the amount of the 
proceeds from the forward auction under para-
graph (1) is not greater than the sum described 
in subparagraph (B), no licenses shall be as-
signed through such forward auction, no re-
assignments or reallocations under subsection 
(b)(1)(B) shall become effective, and the Com-
mission may not revoke any spectrum usage 
rights by reason of a bid that the Commission 
accepts in the reverse auction under subsection 
(a)(1). 
(B) SUM DESCRIBED.—The sum described 
in this subparagraph is the sum of— 
(i) the total amount of compensation 
that the Commission must pay successful 
bidders in the reverse auction under sub-
section (a)(1); 
(ii) the costs of conducting such for-
ward auction that the salaries and ex-
penses account of the Commission is re-
quired to retain under section 309(j)(8)(B) 
of the Communications Act of 1934 (47 
U.S.C. 309(j)(8)(B)); and
228 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be 
known as the TV Broadcaster Relocation Fund. 
(2) PAYMENT
OF
RELOCATION
COSTS.—Any 
amounts borrowed under paragraph (3)(A) and any 
amounts in the TV Broadcaster Relocation Fund 
that are not necessary for reimbursement of the gen-
eral fund of the Treasury for such borrowed 
amounts shall be available to the Commission to 
make the payments required by subsection (b)(4)(A). 
(3) BORROWING AUTHORITY.— 
(A) IN GENERAL.—Beginning on the date 
when any reassignments or reallocations under 
subsection (b)(1)(B) become effective, as pro-
vided in subsection (f)(2), and ending when 
$1,000,000,000 has been deposited in the TV 
Broadcaster Relocation Fund, the Commission 
may borrow from the Treasury of the United 
States an amount not to exceed $1,000,000,000 
to use toward the payments required by sub-
section (b)(4)(A). 
(B) REIMBURSEMENT.—The Commission 
shall reimburse the general fund of the Treas-
ury, without interest, for any amounts borrowed
229 
under subparagraph (A) as funds are deposited 
into the TV Broadcaster Relocation Fund. 
(4) TRANSFER
OF
UNUSED
FUNDS.—If any 
amounts remain in the TV Broadcaster Relocation 
Fund after the date that is 3 years after the comple-
tion of the forward auction under subsection (c)(1), 
the Secretary of the Treasury shall— 
(A) prior to the end of fiscal year 2021, 
transfer such amounts to the Public Safety 
Trust Fund established by section 4241(a)(1); 
and 
(B) after the end of fiscal year 2021, 
transfer such amounts to the general fund of 
the Treasury, where such amounts shall be 
dedicated for the sole purpose of deficit reduc-
tion. 
(e) NUMERICAL LIMITATION ON AUCTIONS AND RE-
ORGANIZATION.—The Commission may not complete more 
than one reverse auction under subsection (a)(1) or more 
than one reorganization of the broadcast television spec-
trum under subsection (b). 
(f) TIMING.— 
(1) CONTEMPORANEOUS AUCTIONS AND REOR-
GANIZATION
PERMITTED.—The Commission may 
conduct the reverse auction under subsection (a)(1),
230 
any reassignments or reallocations under subsection 
(b)(1)(B), and the forward auction under subsection 
(c)(1) on a contemporaneous basis. 
(2) EFFECTIVENESS OF REASSIGNMENTS AND 
REALLOCATIONS.—Notwithstanding paragraph (1), 
no reassignments or reallocations under subsection 
(b)(1)(B) shall become effective until the completion 
of the reverse auction under subsection (a)(1) and 
the forward auction under subsection (c)(1), and, to 
the extent practicable, all such reassignments and 
reallocations shall become effective simultaneously. 
(3) DEADLINE.—The Commission may not con-
duct the reverse auction under subsection (a)(1) or 
the forward auction under subsection (c)(1) after the 
end of fiscal year 2021. 
(4) LIMIT ON DISCRETION REGARDING AUCTION 
TIMING.—Section 309(j)(15)(A) of the Communica-
tions Act of 1934 (47 U.S.C. 309(j)(15)(A)) shall 
not apply in the case of an auction conducted under 
this section. 
(g) LIMITATION ON REORGANIZATION AUTHORITY.— 
(1) IN GENERAL.—During the period described 
in paragraph (2), the Commission may not— 
(A) involuntarily modify the spectrum 
usage rights of a broadcast television licensee or
231 
reassign such a licensee to another television 
channel except— 
(i) in accordance with this section; or 
(ii) in the case of a violation by such 
licensee of the terms of its license or a spe-
cific provision of a statute administered by 
the Commission, or a regulation of the 
Commission promulgated under any such 
provision; or 
(B) reassign a broadcast television licensee 
from a very high frequency television channel to 
an ultra high frequency television channel, un-
less such a reassignment will not decrease the 
total amount of ultra high frequency spectrum 
made available for reallocation under this sec-
tion. 
(2) PERIOD DESCRIBED.—The period described 
in this paragraph is the period beginning on the date 
of the enactment of this Act and ending on the ear-
liest of— 
(A) the first date when the reverse auction 
under subsection (a)(1), the reassignments and 
reallocations 
(if 
any) 
under 
subsection 
(b)(1)(B), and the forward auction under sub-
section (c)(1) have been completed;
232 
(B) the date of a determination by the 
Commission that the amount of the proceeds 
from the forward auction under subsection 
(c)(1) is not greater than the sum described in 
subsection (c)(2)(B); or 
(C) September 30, 2021. 
(h) PROTEST RIGHT INAPPLICABLE.—The right of a 
licensee to protest a proposed order of modification of its 
license under section 316 of the Communications Act of 
1934 (47 U.S.C. 316) shall not apply in the case of a 
modification made under this section. 
(i) COMMISSION AUTHORITY.—Nothing in subsection 
(b) shall be construed to— 
(1) expand or contract the authority of the 
Commission, except as otherwise expressly provided; 
or 
(2) prevent the implementation of the Commis-
sion’s ‘‘White Spaces’’ Second Report and Order and 
Memorandum Opinion and Order (FCC 08–260, 
adopted November 4, 2008) in the spectrum that re-
mains allocated for broadcast television use after the 
reorganization required by such subsection.
233 
SEC. 4105. ADMINISTRATION OF AUCTIONS BY COMMIS-
SION. 
Section 309(j) of the Communications Act of 1934 
(47 U.S.C. 309(j)) is amended by adding at the end the 
following new paragraphs: 
‘‘(17) CERTAIN CONDITIONS ON AUCTION PAR-
TICIPATION
PROHIBITED.—Notwithstanding 
any 
other provision of law, the Commission may not pre-
vent a person from participating in a system of com-
petitive bidding under this subsection if such per-
son— 
‘‘(A) meets the technical, financial, and 
character qualifications required by sections 
303(l)(1), 308(b), and 310 to hold a license; or 
‘‘(B) could meet such qualifications prior 
to the grant of the license. 
‘‘(18) CERTAIN
LICENSING
CONDITIONS
PRO-
HIBITED.—In assigning licenses through a system of 
competitive bidding under this subsection, the Com-
mission may not impose any condition on the li-
censes assigned through such system that— 
‘‘(A) limits the ability of a licensee to man-
age the use of its network, including manage-
ment of the use of applications, services, or de-
vices on its network, or to prioritize the traffic 
on its network as it chooses; or
234 
‘‘(B) requires a licensee to sell access to its 
network on a wholesale basis.’’. 
SEC. 4106. 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. 4107. UNLICENSED USE IN THE 5 GHZ BAND. 
(a) MODIFICATION OF COMMISSION REGULATIONS 
TO ALLOW CERTAIN UNLICENSED USE.— 
(1) IN GENERAL.—Subject to paragraph (2), 
not later than 1 year after the date of the enactment 
of this Act, the Commission shall begin a proceeding 
to modify part 15 of title 47, Code of Federal Regu-
lations, to allow unlicensed U–NII devices to operate 
in the 5350–5470 MHz band. 
(2) REQUIRED
DETERMINATIONS.—The Com-
mission may make the modification described in 
paragraph (1) only if the Commission determines 
that— 
(A) licensed users will be protected by 
technical solutions, including use of existing, 
modified, or new spectrum-sharing technologies 
and solutions, such as dynamic frequency selec-
tion; and
235 
(B) the primary mission of Federal spec-
trum users in the 5350–5470 MHz band will 
not be compromised by the introduction of unli-
censed devices. 
(b) STUDY BY NTIA.— 
(1) IN GENERAL.—The Assistant Secretary, in 
consultation with the Commission, shall conduct a 
study evaluating known and proposed spectrum- 
sharing technologies and the risk to Federal users if 
unlicensed U–NII devices were allowed to operate in 
the 5350–5470 MHz band. 
(2) SUBMISSION.—Not later than 8 months 
after the date of the enactment of this Act, the As-
sistant Secretary shall submit the study required by 
paragraph (1) to— 
(A) the Commission; and 
(B) the Committee on Energy and Com-
merce of the House of Representatives and the 
Committee on Commerce, Science, and Trans-
portation of the Senate. 
(c) 5350–5470 MHZ BAND DEFINED.—In this sec-
tion, the term ‘‘5350–5470 MHz band’’ means the portion 
of the electromagnetic spectrum between the frequencies 
from 5350 megahertz to 5470 megahertz.
236 
Subtitle B—Advanced Public 
Safety Communications 
PART 1—NATIONAL IMPLEMENTATION 
SEC. 4201. LICENSING OF SPECTRUM TO ADMINISTRATOR. 
(a) IN GENERAL.—Not later than 60 days after the 
initial selection under section 4203(a) of an entity to serve 
as Administrator, the Commission shall assign to the Ad-
ministrator a license for the exclusive use of the public 
safety broadband spectrum and the 700 MHz D block 
spectrum. 
(b) TERM OF LICENSE AND LICENSE CONDITIONS.— 
(1) INITIAL LICENSE.—The initial license as-
signed under subsection (a) shall be for a term of 
10 years. 
(2) RENEWAL OF LICENSE.—Prior to the expi-
ration of the term of the initial license assigned 
under subsection (a) or the expiration of any re-
newal of such license, if the Administrator wishes to 
continue serving as Administrator after the license 
expires, the Administrator shall submit to the Com-
mission an application for the renewal of such li-
cense in accordance with the Communications Act of 
1934 (47 U.S.C. 151 et seq.) and any applicable 
Commission regulations. Such renewal application 
shall demonstrate that, during the term of the li-
237 
cense that the Administrator is seeking to renew, the 
Administrator has fulfilled its duties and obligations 
under this title and the Communications Act of 
1934 and has complied with all applicable Commis-
sion regulations. A renewal of the initial license 
granted under subsection (a) or any renewal of such 
license shall be for a term not to exceed 10 years. 
(3) USE OF SPECTRUM.—Except as provided in 
section 4221(d), the license assigned under sub-
section (a) and any renewal of such license shall pro-
hibit the Administrator from using the public safety 
broadband spectrum or the 700 MHz D block spec-
trum for any purpose other than authorizing the op-
eration of State public safety broadband communica-
tions networks in accordance with the National Pub-
lic Safety Communications Plan. 
(4) LIMITATION
ON
LICENSE
CONDITIONS.— 
The Commission may not place any conditions on 
the license assigned under subsection (a) or any re-
newal of such license or, with respect to the spec-
trum governed by such license, otherwise prohibit 
any action of the Administrator, a State Public 
Safety Broadband Office, or an entity with which 
such an Office has entered into a contract under 
section 4221(b)(1)(D), except as necessary to—
238 
(A) protect other users from harmful inter-
ference; 
(B) ensure that such spectrum is used in 
accordance with the National Public Safety 
Communications Plan; or 
(C) enforce a provision of this title or the 
Communications Act of 1934 (47 U.S.C. 151 et 
seq.) that governs the use of such spectrum. 
(5) LICENSE CONDITIONED ON SERVICE AS AD-
MINISTRATOR.—If an entity ceases to serve as Ad-
ministrator, the Commission shall, as soon as prac-
ticable after the Assistant Secretary selects a dif-
ferent entity to serve as Administrator under section 
4203(a)(2), transfer to such different entity the li-
cense assigned under subsection (a) or any renewal 
of such license. 
(c) ELIMINATION OF D BLOCK AUCTION REQUIRE-
MENT.—Notwithstanding section 309(j)(15)(C)(v) of the 
Communications 
Act 
of 
1934 
(47 
U.S.C. 
309(j)(15)(C)(v)), the Commission may not assign a li-
cense for the use of the 700 MHz D block spectrum except 
under subsection (a). 
(d) DEFINITION OF PUBLIC SAFETY SERVICES.— 
Section 337(f)(1) of the Communications Act of 1934 (47 
U.S.C. 337(f)(1)) is amended—
239 
(1) in subparagraph (A), by striking ‘‘to protect 
the safety of life, health, or property’’ and inserting 
‘‘to provide law enforcement, fire and rescue re-
sponse, or emergency medical assistance (including 
such assistance provided by ambulance services, hos-
pitals, and urgent care facilities)’’; and 
(2) in subparagraph (B)— 
(A) in clause (i), by inserting ‘‘or tribal or-
ganizations (as defined in section 4 of the In-
dian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b))’’ before the semi-
colon; and 
(B) in clause (ii), by inserting ‘‘or a tribal 
organization’’ after ‘‘a governmental entity’’. 
(e) CONFORMING AMENDMENTS.—Section 337(d)(3) 
of the Communications Act of 1934 (47 U.S.C. 337(d)(3)) 
is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘public safety services licensees and com-
mercial licensees’’; 
(2) in subparagraph (A), by inserting ‘‘public 
safety services licensees and commercial licensees’’ 
before ‘‘to aggregate’’; and 
(3) in subparagraph (B), by inserting ‘‘commer-
cial licensees’’ before ‘‘to disaggregate’’.
240 
SEC. 4202. NATIONAL PUBLIC SAFETY COMMUNICATIONS 
PLAN. 
(a) ESTABLISHMENT OF PUBLIC SAFETY COMMU-
NICATIONS PLANNING BOARD.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the 
Commission shall establish a board to be known as 
the Public Safety Communications Planning Board. 
(2) MEMBERSHIP.—The membership of the 
Board shall be as follows: 
(A) FEDERAL MEMBERS.— 
(i) IN GENERAL.—Four Federal mem-
bers as follows: 
(I) The Chairman of the Com-
mission, or a designee. 
(II) The Assistant Secretary, or 
a designee. 
(III) The Director of the Office 
of Emergency Communications in the 
Department of Homeland Security, or 
a designee. 
(IV) The Director of the Na-
tional Institute of Standards and 
Technology, or a designee. 
(ii) DESIGNEES.—If a Federal official 
designates a designee under clause (i),
242 
(I) Two members who represent 
the public safety interests of the 
States. 
(II) One member who represents 
State and local public safety employ-
ees. 
(III) Two members who rep-
resent other interests of State and 
local governments, to be determined 
by the Chairman of the Commission. 
(3) SELECTION OF NON-FEDERAL MEMBERS.— 
(A) NOMINATION.—For each non-Federal 
member of the Board, the group that is rep-
resented by such member shall, by consensus, 
nominate an individual to serve as such member 
and submit the name of the nominee to the 
Chairman of the Commission. 
(B) APPOINTMENT.—The Chairman of the 
Commission shall appoint the non-Federal 
members of the Board from the nominations 
submitted under subparagraph (A). If a group 
fails to reach consensus on a nominee or to sub-
mit a nomination for a member that represents 
such group, or if the nominee is not qualified
243 
under subparagraph (C), the Chairman shall se-
lect a member to represent such group. 
(C) QUALIFICATIONS.—Each non-Federal 
member appointed under subparagraph (B) 
shall meet at least 1 of the following criteria: 
(i) PUBLIC
SAFETY
EXPERIENCE.— 
Knowledge of and experience in Federal, 
State, local, or tribal public safety or emer-
gency response. 
(ii) TECHNICAL
EXPERTISE.—Tech-
nical expertise regarding broadband com-
munications, including public safety com-
munications. 
(iii) NETWORK
EXPERTISE.—Exper-
tise in building, deploying, and operating 
commercial telecommunications networks. 
(iv) FINANCIAL
EXPERTISE.—Exper-
tise in financing and funding telecommuni-
cations networks. 
(4) TERMS OF APPOINTMENT.— 
(A) LENGTH.— 
(i) FEDERAL MEMBERS.—The term of 
office of each Federal member of the 
Board shall be 3 years, except that such 
term shall end when such member no
244 
longer holds the Federal office by reason of 
which such member is a member of the 
Board (or, in the case of a designee, the 
Federal official who designated such des-
ignee no longer holds the office by reason 
of which such designation was made or the 
designee is no longer an officer, employee, 
or Commissioner as described in paragraph 
(2)(A)(ii)). 
(ii) NON-FEDERAL
MEMBERS.—The 
term of office of each non-Federal member 
of the Board shall be 3 years. 
(B) STAGGERED TERMS.—With respect to 
the initial non-Federal members of the Board— 
(i) three members shall serve for a 
term of 3 years; 
(ii) three members shall serve for a 
term of 2 years; and 
(iii) three members shall serve for a 
term of 1 year. 
(C) VACANCIES.— 
(i) EFFECT
OF
VACANCIES.—A va-
cancy in the membership of the Board 
shall not affect the Board’s powers, subject 
to paragraph (8), and shall be filled in the
245 
same manner as the original member was 
appointed. 
(ii) 
APPOINTMENT
TO
FILL
VA-
CANCY.—A member of the Board ap-
pointed to fill a vacancy occurring prior to 
the expiration of the term for which that 
member’s predecessor was appointed shall 
be appointed for the remainder of the 
predecessor’s term. 
(iii) EXPIRATION OF TERM.—A non- 
Federal member of the Board whose term 
has expired may serve until such member’s 
successor has taken office, or until the end 
of the calendar year in which such mem-
ber’s term has expired, whichever is ear-
lier. 
(5) CHAIR.— 
(A) SELECTION.—The Chair of the Board 
shall be selected by the Board from among the 
members of the Board. 
(B) TERM.—The term of office of the 
Chair of the Board shall run from the date 
when the Chair is selected until the date when 
the term of the Chair as a member of the 
Board expires.
246 
(6) REMOVAL
OF
CHAIR
AND
NON-FEDERAL 
MEMBERS.— 
(A) BY
BOARD.—The members of the 
Board may, by majority vote— 
(i) remove the Chair of the Board 
from the position of Chair for conduct de-
termined to be detrimental to the Board; 
or 
(ii) remove from the Board any non- 
Federal member of the Board for conduct 
determined to be detrimental to the Board. 
(B) BY CHAIRMAN OF THE COMMISSION.— 
The Chairman of the Commission may, for 
good cause— 
(i) remove the Chair of the Board 
from the position of Chair; or 
(ii) remove from the Board any non- 
Federal member of the Board. 
(7) ANNUAL
MEETINGS.—In addition to any 
other meetings necessary to carry out the duties of 
the Board under this section, the Board shall 
meet— 
(A) subject to the call of the Chair; and
247 
(B) annually to consider the most recent 
report submitted by the Administrator under 
section 4203(f)(1). 
(8) QUORUM.—Seven members of the Board, 
including not fewer than 6 non-Federal members, 
shall constitute a quorum. 
(9) RESOURCES.—The Commission shall pro-
vide the Board with the staff, administrative sup-
port, and facilities necessary to carry out the duties 
of the Board under this section. 
(10) PROHIBITION AGAINST COMPENSATION.— 
A member of the Board shall serve without pay but 
shall be allowed a per diem allowance for travel ex-
penses, at rates authorized for an employee of an 
agency under subchapter I of chapter 57 of title 5, 
United States Code, while away from the home or 
regular place of business of the member in the per-
formance of the duties of the Board. Compensation 
of a Federal member of the Board for service in the 
Federal office or employment by reason of which 
such member is a member of the Board shall not be 
considered compensation under this paragraph. 
(11) FEDERAL ADVISORY COMMITTEE ACT IN-
APPLICABLE.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Board.
248 
(b) DEVELOPMENT OF PLAN BY BOARD.— 
(1) IN GENERAL.—Not later than 1 year after 
the date on which the Board is established under 
subsection (a)(1), the Board shall submit to the 
Commission a detailed proposal for a National Pub-
lic Safety Communications Plan to govern the use of 
the spectrum licensed to the Administrator in order 
to meet long-term public safety communications 
needs. 
(2) LIMITATION ON RECOMMENDATIONS.—The 
Board may not make any recommendations for re-
quirements generally applicable to providers of com-
mercial mobile service or private mobile service (as 
defined in section 332 of the Communications Act of 
1934 (47 U.S.C. 332)). 
(c) CONSIDERATION OF PLAN BY COMMISSION.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the submission of the proposal by the 
Board under subsection (b)(1), the Commission shall 
complete a single proceeding to— 
(A) adopt such proposal, without modifica-
tion, as the National Public Safety Communica-
tions Plan; or 
(B) reject such proposal.
249 
(2) PROCEDURES IF PLAN REJECTED.—If the 
Commission rejects such proposal under paragraph 
(1)(B), the Board shall, not later than 90 days 
thereafter, submit to the Commission a revised pro-
posal. Such revised proposal shall be treated as a 
proposal submitted by the Board under subsection 
(b)(1). 
(3) REVISIONS TO PLAN.— 
(A) SUBMISSION.—The Board shall peri-
odically submit to the Commission proposals for 
revisions to the Plan. 
(B) CONSIDERATION
BY
COMMISSION.— 
Not later than 90 days after the submission of 
such a proposal, the Commission shall complete 
a single proceeding to— 
(i) revise the Plan in accordance with 
such proposal, without modification of the 
proposal; or 
(ii) reject such proposal. 
(d) REQUIREMENTS FOR PLAN.—The Plan shall in-
clude the following requirements: 
(1) 
DEPLOYMENT
STANDARDS.—The 
Plan 
shall— 
(A) require each State public safety 
broadband communications network to be inter-
250 
connected and interoperable with all other such 
networks; 
(B) require each State public safety 
broadband communications network to be based 
on a network architecture that evolves with 
technological advancements; 
(C) 
require 
all 
State 
public 
safety 
broadband communications networks to be 
based on the same commercial standards; 
(D) require each State public safety 
broadband communications network to be de-
ployed as networks are typically deployed by 
providers of commercial mobile data service; 
(E) promote competition in the public safe-
ty equipment market by requiring equipment 
for use on the State public safety broadband 
communications networks to be— 
(i) built to open, nonproprietary, com-
mercial standards; 
(ii) capable of being used by any pro-
vider of public safety services and accessed 
by devices manufactured by multiple ven-
dors; and 
(iii) backward-compatible with prior 
generations of commercial mobile service
251 
and commercial mobile data service net-
works to the extent typically deployed by 
providers of commercial mobile service and 
commercial mobile data service; and 
(F) require each State public safety 
broadband communications network to be inte-
grated with public safety answering points, or 
the equivalent of public safety answering points, 
and with networks for the provision of Next 
Generation 9–1–1 services. 
(2) 
STATE-SPECIFIC
REQUIREMENTS.—The 
Plan shall require each State Public Safety 
Broadband Office to include in requests for pro-
posals for the construction, management, mainte-
nance, and operation of the State public safety 
broadband communications network of such State— 
(A) specifications for the construction and 
deployment of such network, including— 
(i) build timetables, which shall take 
into consideration the time needed to build 
out to rural areas; 
(ii) required coverage areas, including 
rural and nonurban areas; 
(iii) minimum service levels; and 
(iv) specific performance criteria;
252 
(B) the technical and operational require-
ments for such network; 
(C) the practices, procedures, and stand-
ards for the management and operation of such 
network; 
(D) the terms of service for the use of such 
network; and 
(E) specifications for ongoing compliance 
review and monitoring of— 
(i) the construction, management, 
maintenance, and operation of such net-
work; 
(ii) the practices and procedures of 
the entities operating on such network; and 
(iii) the necessary training needs of 
network users. 
(e) DEVELOPMENT
OF BASELINE REQUEST
FOR 
PROPOSALS.— 
(1) DEVELOPMENT BY BOARD.—Not later than 
1 year after the date on which the Board is estab-
lished under subsection (a)(1), the Board shall sub-
mit to the Commission a draft baseline request for 
proposals for each State to use in developing its re-
quest for proposals for the construction, manage-
253 
ment, maintenance, and operation of a State public 
safety broadband communications network. 
(2) CONSIDERATION BY COMMISSION.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of the submission of the draft 
baseline request for proposals by the Board 
under paragraph (1), the Commission shall 
complete a single proceeding to— 
(i) adopt such draft, without modifica-
tion; or 
(ii) reject such draft. 
(B) PROCEDURES IF DRAFT REJECTED.— 
If the Commission rejects such draft under sub-
paragraph (A)(ii), the Board shall, not later 
than 60 days thereafter, submit to the Commis-
sion a revised draft baseline request for pro-
posals. Such revised draft shall be treated as a 
draft submitted by the Board under paragraph 
(1). 
(3) REVISIONS.— 
(A) SUBMISSION.—The Board shall peri-
odically submit to the Commission draft revi-
sions to the baseline request for proposals 
adopted under paragraph (2)(A)(i).
254 
(B) CONSIDERATION
BY
COMMISSION.— 
Not later than 90 days after the submission of 
such a draft revision, the Commission shall 
complete a single proceeding to— 
(i) revise the baseline request for pro-
posals in accordance with such draft revi-
sion, without modification of such draft re-
vision; or 
(ii) reject such draft revision. 
SEC. 4203. PLAN ADMINISTRATION. 
(a) SELECTION OF ADMINISTRATOR.— 
(1) IN
GENERAL.—The Assistant Secretary 
shall, through an open, transparent request-for-pro-
posals process, select an entity to serve as the Ad-
ministrator of the Plan. The Assistant Secretary 
shall commence such process not later than 120 
days after the date of the adoption of the Plan by 
the Commission under section 4202(c)(1)(A). 
(2) REPLACEMENT.—If an entity ceases to 
serve as Administrator under a contract awarded 
under paragraph (1) or this paragraph, the Assist-
ant Secretary shall, through an open, transparent 
request-for-proposals process, select another entity 
to serve as Administrator.
255 
(b) POWERS AND DUTIES OF ADMINISTRATOR.—The 
Administrator shall— 
(1) review and coordinate the implementation of 
the Plan and the construction, management, mainte-
nance, and operation of the State public safety 
broadband communications networks, in accordance 
with the Plan, under contracts entered into by the 
State Public Safety Broadband Offices; 
(2) transmit to each State Public Safety 
Broadband Office the baseline request for proposals 
adopted 
by 
the 
Commission 
under 
section 
4202(e)(2)(A)(i) and any revisions to such baseline 
request for proposals adopted by the Commission 
under section 4202(e)(3)(B)(i); 
(3) review and approve or disapprove, in ac-
cordance with section 4221(c), each contract pro-
posed by a State Public Safety Broadband Office for 
the construction, management, maintenance, and op-
eration of a State public safety broadband commu-
nications network; 
(4) give public notice of each decision to ap-
prove or disapprove such a contract and of any other 
decision of the Administrator with respect to such a 
contract, a State Public Safety Broadband Office, or
256 
a State public safety broadband communications 
network; 
(5) in consultation with State Public Safety 
Broadband Offices, conduct assessments for inclu-
sion in the annual report required by subsection 
(f)(1) of— 
(A) progress on construction and adoption 
of the State public safety broadband commu-
nications networks; and 
(B) the management, maintenance, and 
operation of such networks; and 
(6) conduct such audits as are necessary to en-
sure— 
(A) with respect to contracts described in 
paragraph (3), the integrity of the contracting 
process and the adequate performance of such 
contracts; and 
(B) that the State public safety broadband 
communications networks are constructed, man-
aged, maintained, and operated in accordance 
with the Plan. 
(c) LIMITATION ON POWERS OF ADMINISTRATOR.— 
The Administrator may not— 
(1) take any action unless this title expressly 
confers on the Administrator the power to take such
257 
action or such action is necessary to carry out a 
power that this title expressly confers on the Admin-
istrator; or 
(2) prohibit or refuse to approve any action of 
a State Public Safety Broadband Office or with re-
spect to a State public safety broadband communica-
tions network unless such action would violate the 
Plan or the license terms of the spectrum licensed 
to the Administrator. 
(d) REVIEW OF DECISIONS OF ADMINISTRATOR.— 
(1) IN GENERAL.—The United States District 
Court for the District of Columbia shall have exclu-
sive jurisdiction to review decisions of the Adminis-
trator. 
(2) FILING OF PETITION.—Any party aggrieved 
by a decision of the Administrator may seek review 
of such decision by filing a petition for review with 
the court not later than 30 days after the date on 
which public notice is given of such decision. 
(3) CONTENTS
OF
PETITION.—The petition 
shall contain a concise statement of the following: 
(A) The nature of the proceedings as to 
which review is sought. 
(B) The grounds on which relief is sought. 
(C) The relief prayed.
258 
(4) ATTACHMENT
TO
PETITION.—The peti-
tioner shall attach to the petition, as an exhibit, a 
copy of the decision of the Administrator on which 
review is sought. 
(5) SERVICE.—The clerk shall serve a true copy 
of the petition on the Administrator, the Assistant 
Secretary, and the Commission by registered mail, 
with request for a return receipt. 
(6) STANDARD OF REVIEW.—The court may af-
firm or vacate a decision of the Administrator on re-
view. The court may vacate a decision of the Admin-
istrator only— 
(A) where the decision was procured by 
corruption, fraud, or undue means; 
(B) where there was actual partiality or 
corruption in the Administrator; 
(C) where the Administrator was guilty of 
misconduct in refusing to hear evidence perti-
nent and material to the decision or of any 
other misbehavior by which the rights of any 
party have been prejudiced; or 
(D) where the Administrator exceeded the 
powers conferred on it by this title or otherwise 
did not arguably construe or apply the Plan in 
making its decision.
259 
(7) REVIEW BY NTIA PROHIBITED.—The As-
sistant Secretary shall take such action as is nec-
essary to ensure that the Administrator complies 
with the requirements of this title, the Plan, and the 
terms of the contract entered into under subsection 
(a), but the Assistant Secretary may not vacate or 
otherwise modify a decision by the Administrator 
with respect to a third party. 
(e) AUDITS OF USE OF FEDERAL FUNDS BY ADMIN-
ISTRATOR.—Not later than 1 year after entering into a 
contract to serve as Administrator, and annually there-
after, the Administrator shall provide to the Assistant Sec-
retary a statement, audited by an independent auditor, 
that details the use during the preceding fiscal year of any 
Federal funds received by the Administrator in connection 
with its service as Administrator. 
(f) ANNUAL REPORT BY ADMINISTRATOR.— 
(1) IN GENERAL.—Not later than 1 year after 
entering into a contract to serve as Administrator, 
and annually thereafter, the Administrator shall sub-
mit a report covering the preceding fiscal year to— 
(A) the Committee on Energy and Com-
merce of the House of Representatives and the 
Committee on Commerce, Science, and Trans-
portation of the Senate;
260 
(B) the Assistant Secretary; 
(C) the Commission; and 
(D) the Board. 
(2) REQUIRED CONTENT.—The report required 
by paragraph (1) shall include— 
(A) a comprehensive and detailed descrip-
tion of— 
(i) the results of assessments con-
ducted under subsection (b)(5) and audits 
conducted under subsection (b)(6); 
(ii) the activities of the Administrator 
in its capacity as Administrator; and 
(iii) the financial condition of the Ad-
ministrator; and 
(B) such recommendations or proposals for 
legislative or administrative action as the Ad-
ministrator considers appropriate. 
SEC. 4204. INITIAL FUNDING FOR ADMINISTRATOR. 
(a) BORROWING AUTHORITY.—Prior to the end of 
fiscal year 2021, the Assistant Secretary may borrow from 
the general fund of the Treasury of the United States not 
more than $40,000,000 to enter into a contract with an 
entity to serve as Administrator under section 4203(a). 
(b) REIMBURSEMENT.—The Assistant Secretary 
shall reimburse the general fund of the Treasury, without
261 
interest, for any amounts borrowed under subsection (a) 
from funds made available from the Public Safety Trust 
Fund established by section 4241(a)(1), as such funds be-
come available. 
SEC. 4205. STUDY ON EMERGENCY COMMUNICATIONS BY 
AMATEUR RADIO AND IMPEDIMENTS TO AMA-
TEUR RADIO COMMUNICATIONS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Commission, in con-
sultation with the Office of Emergency Communications 
in the Department of Homeland Security, shall— 
(1) complete a study on the uses and capabili-
ties of amateur radio service communications in 
emergencies and disaster relief; and 
(2) submit to the Committee on Energy and 
Commerce of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the findings of such 
study. 
(b) CONTENTS.—The study required by subsection 
(a) shall include— 
(1)(A) a review of the importance of emergency 
amateur radio service communications relating to 
disasters, severe weather, and other threats to lives 
and property in the United States; and
262 
(B) recommendations for— 
(i) enhancements in the voluntary deploy-
ment of amateur radio operators in disaster and 
emergency communications and disaster relief 
efforts; and 
(ii) improved integration of amateur radio 
operators in the planning and furtherance of 
initiatives of the Federal Government; and 
(2)(A) an identification of impediments to en-
hanced amateur radio service communications, such 
as the effects of unreasonable or unnecessary private 
land use restrictions on residential antenna installa-
tions; and 
(B) recommendations regarding the removal of 
such impediments. 
(c) EXPERTISE.—In conducting the study required 
by subsection (a), the Commission shall use the expertise 
of stakeholder entities and organizations, including the 
amateur radio, emergency response, and disaster commu-
nications communities. 
PART 2—STATE IMPLEMENTATION 
SEC. 4221. NEGOTIATION AND APPROVAL OF CONTRACTS. 
(a) STATE PUBLIC SAFETY BROADBAND OFFICES.— 
Each State desiring to establish a State public safety
263 
broadband communications network shall establish or des-
ignate a State Public Safety Broadband Office. 
(b) NEGOTIATION BY STATES.— 
(1) IN
GENERAL.—Each State Public Safety 
Broadband Office shall— 
(A) use the baseline request for proposals 
transmitted under section 4203(b)(2) to develop 
a request for proposals for the construction, 
management, maintenance, and operation of a 
State public safety broadband communications 
network; 
(B) negotiate a contract with a private-sec-
tor entity for such construction, management, 
maintenance, and operation; 
(C) transmit such contract to the Adminis-
trator for approval; and 
(D) if the Administrator approves such 
contract, enter into such contract with such en-
tity. 
(2) FACTORS FOR CONSIDERATION.—In devel-
oping a request for proposals under paragraph 
(1)(A) and negotiating a proposed contract under 
paragraph 
(1)(B), 
the 
State 
Public 
Safety 
Broadband Office shall take into consideration the 
following:
264 
(A) The most efficient and effective use 
and integration by State, local, and tribal pro-
viders of public safety services within such 
State of the spectrum licensed to the Adminis-
trator and the infrastructure, equipment, and 
other architecture associated with the State 
public safety broadband communications net-
work to satisfy the wireless communications 
and data services needs of such providers. 
(B) The particular assets and specialized 
needs of such providers. Such assets may in-
clude available towers and infrastructure. Such 
needs may include the projected number of 
users, preferred buildout timeframes, special 
coverage needs, special hardening, reliability, 
security, and resiliency needs, local user priority 
assignments, and integration needs of public 
safety answering points and emergency oper-
ations centers. 
(C) Whether any entities that are not pro-
viders of public safety services should have 
emergency access to the State public safety 
broadband communications network, as de-
scribed in subsection (e).
265 
(D) Whether the State public safety 
broadband communications network provides 
for the selection on a localized basis of network 
options that remain consistent with the Plan. 
(E) How to ensure the reliability, security, 
and resiliency of the State public safety 
broadband communications network, including 
through measures for— 
(i) protecting and monitoring the cy-
bersecurity of the network; and 
(ii) managing supply chain risks to 
the network. 
(3) PARTNERSHIPS.— 
(A) IN
GENERAL.—In choosing from 
among the entities that respond to the request 
for 
proposals 
developed 
under 
paragraph 
(1)(A), the State Public Safety Broadband Of-
fice shall— 
(i) select a provider of commercial mo-
bile service or commercial mobile data 
service; and 
(ii) give additional consideration to 
providers of commercial mobile service or 
commercial mobile data service whose pro-
266 
posals include a partnership with a utility 
provider. 
(B) JOINT
VENTURES.—For purposes of 
subparagraph (A), a joint venture that includes 
a provider of commercial mobile service or com-
mercial mobile data service shall be considered 
to be such a provider. 
(c) REVIEW BY ADMINISTRATOR.— 
(1) IN GENERAL.—Upon receiving from a State 
Public Safety Broadband Office a contract nego-
tiated under subsection (b), the Administrator shall 
either approve or disapprove such contract but may 
not make any changes to its terms. 
(2) DISAPPROVAL.—In the case of disapproval 
under paragraph (1), the State Public Safety 
Broadband Office may renegotiate the contract, ne-
gotiate a contract with another entity that re-
sponded to the Office’s request for proposals, or 
issue a new request for proposals. 
(d) 
PUBLIC-PRIVATE
PARTNERSHIPS.—Notwith-
standing any limitation in section 337 of the Communica-
tions Act of 1934 (47 U.S.C. 337), a contract entered into 
between a State Public Safety Broadband Office and a 
private entity under subsection (b)(1)(D) may permit—
267 
(1) such entity to obtain access to the spectrum 
licensed to the Administrator in such State for serv-
ices that are not public safety services; or 
(2) the State Public Safety Broadband Office to 
share with such entity equipment or infrastructure 
of the State public safety broadband communications 
network, including antennas and towers. 
(e) EMERGENCY ACCESS BY NON-PUBLIC SAFETY 
ENTITIES.— 
(1) IN GENERAL.—Notwithstanding any limita-
tion in section 337 of the Communications Act of 
1934 (47 U.S.C. 337), as expressly permitted by the 
terms of a contract entered into under subsection 
(b)(1)(D) for the construction, management, mainte-
nance, and operation of a State public safety 
broadband communications network, the Adminis-
trator may enter into agreements with entities in 
such State that are not providers of public safety 
services to permit such entities to obtain access on 
a secondary, preemptible basis to the State public 
safety broadband communications network of such 
State in order to facilitate interoperability between 
such entities and providers of public safety services 
in protecting the safety of life, health, and property 
during emergencies and during preparation for and
268 
recovery from emergencies, including during emer-
gency drills, exercises, and tests. 
(2) PREEMPTION.—The Administrator shall en-
sure that, under any agreement entered into under 
paragraph (1), providers of public safety services 
may preempt use of the State public safety 
broadband communications network by an entity 
with which the Administrator has entered into such 
agreement. 
(f) MULTI-STATE NEGOTIATION.—The State Public 
Safety Broadband Offices of more than one State may 
form a consortium for purposes of developing a request 
for proposals and negotiating and entering into a contract 
for the construction, management, maintenance, and oper-
ation of a State public safety broadband communications 
network for such States. While such Offices remain in the 
consortium, such States shall be treated as a single State, 
such Offices shall be treated as a single Office of a single 
State, and such network shall be treated as the State pub-
lic safety broadband communications network of a single 
State. 
SEC. 4222. STATE IMPLEMENTATION GRANT PROGRAM. 
(a) IN GENERAL.—From amounts made available 
under section 4223(b), the Assistant Secretary shall, in 
consultation with the Administrator, make grants to State
269 
Public Safety Broadband Offices to assist such Offices in 
carrying out the duties of such Offices under this part, 
except for making payments under contracts entered into 
under section 4221(b)(1)(D). 
(b) APPLICATION.—The Assistant Secretary may 
only make a grant under this section to a State Public 
Safety Broadband Office that submits an application at 
such time, in such form, and containing such information 
and assurances as the Assistant Secretary may require. 
(c) 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. 
(2) WAIVER.—The Assistant Secretary may 
waive, in whole or in part, the requirements of para-
graph (1) if the State Public Safety Broadband Of-
fice has demonstrated financial hardship. 
(d) PROGRAMMATIC
REQUIREMENTS.—Not later 
than 1 year after the date of the adoption of the Plan 
by the Commission under section 4202(c)(1)(A), the As-
sistant Secretary, in consultation with the Board, shall es-
tablish requirements relating to the grant program to be 
carried out under this section, including the following:
270 
(1) Defining eligible costs for purposes of sub-
section (c)(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. 
SEC. 4223. STATE IMPLEMENTATION FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
State Implementation Fund. 
(b) AMOUNTS AVAILABLE FOR STATE IMPLEMENTA-
TION GRANT PROGRAM.—Any amounts borrowed under 
subsection (c)(1) and any amounts in the State Implemen-
tation Fund that are not necessary to reimburse the gen-
eral fund of the Treasury for such borrowed amounts shall 
be available to the Assistant Secretary to implement sec-
tion 4222. 
(c) BORROWING AUTHORITY.— 
(1) IN GENERAL.—Prior to the end of fiscal 
year 2021, the Assistant Secretary may borrow from 
the general fund of the Treasury such sums as may 
be necessary, but not to exceed $100,000,000, to im-
plement section 4222. 
(2) REIMBURSEMENT.—The Assistant Sec-
retary shall reimburse the general fund of the Treas-
271 
ury, without interest, for any amounts borrowed 
under paragraph (1) as funds are deposited into the 
State Implementation Fund. 
(d) TRANSFER OF UNUSED FUNDS.—If there is a 
balance remaining in the State Implementation Fund on 
September 30, 2021, the Secretary of the Treasury shall 
transfer such balance to the general fund of the Treasury, 
where such balance shall be dedicated for the sole purpose 
of deficit reduction. 
SEC. 4224. GRANTS TO STATES FOR NETWORK BUILDOUT. 
(a) ESTABLISHMENT.—From amounts made avail-
able from the Public Safety Trust Fund established by 
section 4241(a)(1), the Assistant Secretary shall make 
grants to State Public Safety Broadband Offices for pay-
ments under contracts entered into under section 
4221(b)(1)(D). 
(b) APPLICATION.—The Assistant Secretary may 
only make a grant under this section to a State Public 
Safety Broadband Office that submits an application at 
such time, in such form, and containing such information 
and assurances as the Assistant Secretary may require. 
(c) QUARTERLY REPORTS.— 
(1) FROM GRANTEES TO NTIA.—Not later than 
3 months after receiving a grant under this section 
and not less frequently than quarterly thereafter
272 
until the date that is 1 year after all such funds 
have 
been 
expended, 
a 
State 
Public 
Safety 
Broadband Office shall submit to the Assistant Sec-
retary a report on— 
(A) the use of grant funds by such Office; 
and 
(B) the construction, management, mainte-
nance, and operation of the State public safety 
broadband communications network of such 
State. 
(2) FROM NTIA TO CONGRESS.—Not later than 
6 months after making the first grant under this 
section and not less frequently than quarterly there-
after until the date that is 18 months after all such 
funds have been expended by the grantees, the As-
sistant Secretary shall submit to the Committee on 
Commerce, Science, and Transportation of the Sen-
ate and the Committee on Energy and Commerce of 
the House of Representatives a report that— 
(A) summarizes the reports submitted by 
grantees under paragraph (1); and 
(B) describes and evaluates— 
(i) the use of grant funds disbursed 
under this section; and
273 
(ii) the construction, management, 
maintenance, and operation of the State 
public safety broadband communications 
networks under the contracts under which 
grantees make payments using grant 
funds. 
SEC. 4225. WIRELESS FACILITIES DEPLOYMENT. 
(a) FACILITY MODIFICATIONS.— 
(1) 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 government may not deny, and shall approve, 
any eligible facilities request for a modification of an 
existing wireless tower or base station that does not 
substantially change the physical dimensions of such 
tower or base station. 
(2) ELIGIBLE FACILITIES REQUEST.—For pur-
poses of this subsection, the term ‘‘eligible facilities 
request’’ means any request for modification of an 
existing wireless tower or base station that in-
volves— 
(A) collocation of new transmission equip-
ment; 
(B) removal of transmission equipment; or
274 
(C) replacement of transmission equip-
ment. 
(b) FEDERAL EASEMENTS AND RIGHTS-OF-WAY.— 
(1) GRANT.—If an executive agency, a State, a 
political subdivision or agency of a State, or a per-
son, firm, or organization applies for the grant of an 
easement or right-of-way to, in, over, or on a build-
ing or other property owned by the Federal Govern-
ment for the right to install, construct, and maintain 
wireless service antenna structures and equipment 
and backhaul transmission equipment, the executive 
agency having control of the building or other prop-
erty may grant to the applicant, on behalf of the 
Federal Government, an easement or right-of-way to 
perform such installation, construction, and mainte-
nance. 
(2) APPLICATION.—The Administrator of Gen-
eral Services shall develop a common form for appli-
cations for easements and rights-of-way under para-
graph (1) for all executive agencies that shall be 
used by applicants with respect to the buildings or 
other property of each such agency. 
(3) FEE.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, the Administrator of
275 
General Services shall establish a fee for the 
grant of an easement or right-of-way pursuant 
to paragraph (1) that is based on direct cost re-
covery. 
(B) EXCEPTIONS.—The Administrator of 
General Services may establish exceptions to 
the fee amount required under subparagraph 
(A)— 
(i) in consideration of the public ben-
efit provided by a grant of an easement or 
right-of-way; and 
(ii) in the interest of expanding wire-
less and broadband coverage. 
(4) USE
OF
FEES
COLLECTED.—Any fee 
amounts collected by an executive agency pursuant 
to paragraph (3) may be made available, as provided 
in appropriations Acts, to such agency to cover the 
costs of granting the easement or right-of-way. 
(c) MASTER CONTRACTS FOR WIRELESS FACILITY 
SITINGS.— 
(1) IN GENERAL.—Notwithstanding section 704 
of the Telecommunications Act of 1996 or any other 
provision of law, and not later than 60 days after 
the date of the enactment of this Act, the Adminis-
trator of General Services shall—
276 
(A) develop 1 or more master contracts 
that shall govern the placement of wireless serv-
ice antenna structures on buildings and other 
property owned by the Federal Government; 
and 
(B) in developing the master contract or 
contracts, standardize the treatment of the 
placement of wireless service antenna structures 
on building rooftops or facades, the placement 
of wireless service antenna equipment on roof-
tops or inside buildings, the technology used in 
connection with wireless service antenna struc-
tures or equipment placed on Federal buildings 
and other property, and any other key issues 
the Administrator of General Services considers 
appropriate. 
(2) APPLICABILITY.—The master contract or 
contracts developed by the Administrator of General 
Services under paragraph (1) shall apply to all pub-
licly accessible buildings and other property owned 
by the Federal Government, unless the Adminis-
trator of General Services decides that issues with 
respect to the siting of a wireless service antenna 
structure on a specific building or other property
277 
warrant nonstandard treatment of such building or 
other property. 
(3) APPLICATION.—The Administrator of Gen-
eral Services shall develop a common form or set of 
forms for wireless service antenna structure siting 
applications under this subsection for all executive 
agencies that shall be used by applicants with re-
spect to the buildings and other property of each 
such agency. 
(d) EXECUTIVE AGENCY DEFINED.—In this section, 
the term ‘‘executive agency’’ has the meaning given such 
term in section 102 of title 40, United States Code. 
PART 3—PUBLIC SAFETY TRUST FUND 
SEC. 4241. 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) AVAILABILITY.—Amounts deposited in the 
Public Safety Trust Fund shall remain available 
through fiscal year 2021. Any amounts remaining in 
the Fund after the end of such fiscal year shall be 
deposited in the general fund of the Treasury, where
278 
such amounts shall be dedicated for the sole purpose 
of deficit reduction. 
(b) USE OF FUND.—As amounts are deposited in the 
Public Safety Trust Fund, such amounts shall be used to 
make the following deposits or payments in the following 
order of priority: 
(1) REPAYMENT OF AMOUNT BORROWED FOR 
ADMINISTRATION
OF
NATIONAL
PUBLIC
SAFETY 
COMMUNICATIONS PLAN.—An amount not to exceed 
$40,000,000 shall be available to the Assistant Sec-
retary to reimburse the general fund of the Treasury 
for any amounts borrowed under section 4204(a). 
(2) 
STATE
IMPLEMENTATION
FUND.— 
$100,000,000 shall be deposited in the State Imple-
mentation Fund established by section 4223(a). 
(3) BUILDOUT
OF
STATE
PUBLIC
SAFETY 
BROADBAND
COMMUNICATIONS
NETWORKS.— 
$4,960,000,000 shall be available to the Assistant 
Secretary to carry out section 4224. 
(4) 
DEFICIT
REDUCTION.—$20,400,000,000 
shall be deposited in the general fund of the Treas-
ury, where such amount shall be dedicated for the 
sole purpose of deficit reduction. 
(5) 9–1–1, E9–1–1, AND NEXT GENERATION 9– 
1–1 IMPLEMENTATION GRANTS.—$250,000,000 shall
279 
be available to the Assistant Secretary and the Ad-
ministrator of the National Highway Traffic Safety 
Administration to carry out the grant program 
under section 158 of the National Telecommuni-
cations and Information Administration Organiza-
tion Act, as amended by section 4265 of this title. 
(6) BUILDOUT
OF
STATE
PUBLIC
SAFETY 
BROADBAND
COMMUNICATIONS
NETWORKS
AND 
DEFICIT
REDUCTION.—Of the remaining amounts 
deposited in the Fund— 
(A) 10 percent of any such amounts, not 
to exceed $1,500,000,000, shall be available to 
the Assistant Secretary to carry out section 
4224; and 
(B) 90 percent of any such amounts (or 
100 percent of any such amounts after amounts 
made available under subparagraph (A) exceed 
$1,500,000,000) shall be deposited in the gen-
eral 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,
280 
and proceeds from, any such investment shall be credited 
to, and become a part of, the Fund. 
PART 4—NEXT GENERATION 9–1–1 
ADVANCEMENT ACT OF 2011 
SEC. 4261. SHORT TITLE. 
This part may be cited as the ‘‘Next Generation 9– 
1–1 Advancement Act of 2011’’. 
SEC. 4262. FINDINGS. 
Congress finds that— 
(1) for the sake of the public safety of our Na-
tion, a universal emergency service number (9–1–1) 
that is enhanced with the most modern and state-of- 
the-art telecommunications capabilities possible, in-
cluding voice, data, and video communications, 
should be available to all citizens wherever they live, 
work, and travel; 
(2) a successful migration to Next Generation 
9–1–1 service communications systems will require 
greater Federal, State, and local government re-
sources and coordination; 
(3) any funds that are collected from fees im-
posed on consumer bills for the purposes of funding 
9–1–1 services, enhanced 9–1–1 services, or Next 
Generation 9–1–1 services should only be used for 
the purposes for which the funds are collected;
281 
(4) it is a national priority to foster the migra-
tion from analog, voice-centric 9–1–1 and current 
generation emergency communications systems to a 
21st century, Next Generation, IP-based emergency 
services model that embraces a wide range of voice, 
video, and data applications; 
(5) ensuring 9–1–1 access for all citizens in-
cludes improving access to 9–1–1 systems for the 
deaf, hard of hearing, deaf-blind, and individuals 
with speech disabilities, who increasingly commu-
nicate with non-traditional text, video, and instant- 
messaging communications services, and who expect 
those services to be able to connect directly to 9–1– 
1 systems; 
(6) a coordinated public educational effort on 
current and emerging 9–1–1 system capabilities and 
proper use of the 9–1–1 system is essential to the 
operation of effective 9–1–1 systems; 
(7) Federal policies and funding should enable 
the transition to Internet Protocol-based (IP-based) 
Next Generation 9–1–1 systems, and Federal 9–1– 
1 and emergency communications laws and regula-
tions must keep pace with rapidly changing tech-
nology to ensure an open and competitive 9–1–1 en-
282 
vironment based on the most advanced technology 
available; and 
(8) Federal policies and grant programs should 
reflect the growing convergence and integration of 
emergency communications technology, such that 
State interoperability plans and Federal funding in 
support of such plans are made available for all as-
pects of Next Generation 9–1–1 service and emer-
gency communications systems. 
SEC. 4263. PURPOSES. 
The purposes of this part are— 
(1) to focus Federal policies and funding pro-
grams to ensure a successful migration from voice- 
centric 9–1–1 systems to IP-enabled, Next Genera-
tion 9–1–1 emergency response systems that use 
voice, data, and video services to greatly enhance the 
capability of 9–1–1 and emergency response services; 
(2) to ensure that technologically advanced 9– 
1–1 and emergency communications systems are 
universally available and adequately funded to serve 
all Americans; and 
(3) to ensure that all 9–1–1 and emergency re-
sponse organizations have access to— 
(A) high-speed broadband networks; 
(B) interconnected IP backbones; and
283 
(C) innovative services and applications. 
SEC. 4264. DEFINITIONS. 
In this part, the following definitions shall apply: 
(1) 9–1–1 SERVICES AND E9–1–1 SERVICES.— 
The terms ‘‘9–1–1 services’’ and ‘‘E9–1–1 services’’ 
shall have the meaning given those terms in section 
158 of the National Telecommunications and Infor-
mation Administration Organization Act (47 U.S.C. 
942), as amended by this part. 
(2) 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 
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. 
(3) 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 part.
285 
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 duration of such program. 
‘‘(B) SUBMISSION
TO
CONGRESS.—Not 
later than 90 days after the date of enactment 
of the Next Generation 9–1–1 Advancement Act 
of 2011, the Assistant Secretary and the Ad-
ministrator 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
286 
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; 
‘‘(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.—
287 
‘‘(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 
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
288 
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— 
‘‘(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
289 
‘‘(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 
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 date of enactment of the Next Generation 9–1– 
1 Advancement Act of 2011, the Assistant Secretary 
and the Administrator 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 comple-
tion of any project to be financed by a grant under 
this section. The Assistant Secretary and the Ad-
ministrator shall update such regulations as nec-
essary. 
‘‘(c) DIVERSION OF 9–1–1 CHARGES.— 
‘‘(1) DESIGNATED
9–1–1
CHARGES.—For the 
purposes of this subsection, the term ‘designated 9–
290 
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 
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
291 
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 redesignates such charges for pur-
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 (2) 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) FUNDING AND TERMINATION.— 
‘‘(1) IN GENERAL.—From the amounts made 
available to the Assistant Secretary and the Admin-
292 
istrator 
under 
section 
4241(b)(5) 
of 
the 
Jumpstarting Opportunity with Broadband Spec-
trum Act of 2011, the Assistant Secretary and the 
Administrator are authorized to provide grants 
under this section through the end of fiscal year 
2021. Not more than 5 percent of such amounts 
may be obligated or expended to cover the adminis-
trative costs of carrying out this section. 
‘‘(2) TERMINATION.—Effective on October 1, 
2021, the authority provided by this section termi-
nates and this section shall have no effect. 
‘‘(e) DEFINITIONS.—In this section, the following 
definitions shall apply: 
‘‘(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 CFR 20.18), as in ef-
fect on the date of enactment of the Next Genera-
tion 9–1–1 Advancement Act of 2011, or as subse-
quently revised by the Commission. 
‘‘(3) ELIGIBLE ENTITY.—
293 
‘‘(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 services, 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’ refers to any real-time communication with a 
public safety answering point or other emergency 
management 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
294 
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, data, and multimedia informa-
tion; 
‘‘(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.
295 
‘‘(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. 4266. REQUIREMENTS FOR MULTI-LINE TELEPHONE 
SYSTEMS. 
(a) IN GENERAL.—Not later than 270 days after the 
date of the enactment of this Act, the Administrator of 
General Services, in conjunction with the Office, shall 
issue a report to Congress identifying the 9–1–1 capabili-
ties of the multi-line telephone system in use by all Fed-
eral agencies in all Federal buildings and properties. 
(b) COMMISSION ACTION.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Commis-
sion shall issue a public notice seeking comment on 
the feasibility of requiring MLTS manufacturers to
296 
include 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. 4267. 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 the 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
297 
(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. 4268. PARITY OF PROTECTION FOR PROVISION OR 
USE OF NEXT GENERATION 9–1–1 SERVICES. 
(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
298 
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. 4269. COMMISSION PROCEEDING ON AUTODIALING. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Commission shall 
initiate a proceeding to create a specialized Do-Not-Call 
registry for public safety answering points.
299 
(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
300 
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. 4270. NHTSA REPORT ON COSTS FOR REQUIREMENTS 
AND SPECIFICATIONS OF NEXT GENERATION 
9–1–1 SERVICES. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Administrator of 
the National Highway Traffic Safety Administration, in 
consultation with the Commission, the Secretary of Home-
land Security, and the Office, shall prepare and submit 
a report to Congress that analyzes and determines detailed 
costs for specific Next Generation 9–1–1 service require-
ments and specifications.
301 
(b) PURPOSE OF REPORT.—The purpose of the re-
port required under subsection (a) is to serve as a resource 
for Congress as it considers creating a coordinated, long- 
term funding mechanism for the deployment and oper-
ation, accessibility, application development, equipment 
procurement, and training of personnel for Next Genera-
tion 9–1–1 services. 
(c) REQUIRED INCLUSIONS.—The report required 
under subsection (a) shall include the following: 
(1) How costs would be broken out geographi-
cally and/or allocated 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 country 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.
302 
(6) An analysis of the needs for Next Genera-
tion 9–1–1 services of persons with disabilities. 
(7) Standards and protocols for Next Genera-
tion 9–1–1 services and for incorporating Voice over 
Internet Protocol and ‘‘Real-Time Text’’ standards. 
SEC. 4271. FCC RECOMMENDATIONS FOR LEGAL AND STAT-
UTORY FRAMEWORK FOR NEXT GENERATION 
9–1–1 SERVICES. 
Not later than 1 year after the date of the 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 networks.
303 
(2) Legal mechanisms to ensure efficient and 
accurate transmission of 9–1–1 caller information to 
emergency response agencies. 
(3) Recommendations for removing jurisdic-
tional barriers and inconsistent legacy regulations 
including— 
(A) proposals that would require States to 
remove regulatory roadblocks to Next Genera-
tion 9–1–1 services development, while recog-
nizing existing State authority over 9–1–1 serv-
ices; 
(B) eliminating outdated 9–1–1 regula-
tions at the Federal level; and 
(C) preempting inconsistent State regula-
tions. 
Subtitle C—Federal Spectrum 
Relocation 
SEC. 4301. RELOCATION OF AND SPECTRUM SHARING BY 
FEDERAL GOVERNMENT STATIONS. 
(a) IN GENERAL.—Section 113 of the National Tele-
communications and Information Administration Organi-
zation Act (47 U.S.C. 923) is amended— 
(1) in subsection (g)—
304 
(A) by striking the heading and inserting 
‘‘RELOCATION OF AND SPECTRUM SHARING BY 
FEDERAL GOVERNMENT STATIONS’’; 
(B) by amending paragraph (1) 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 eligible frequencies 
described in paragraph (2) and that incurs reloca-
tion or sharing costs because of planning for an auc-
tion of spectrum frequencies or the reallocation of 
spectrum frequencies from Federal use to exclusive 
non-Federal use or to shared use shall receive pay-
ment for such relocation or sharing costs from the 
Spectrum Relocation Fund, in accordance with this 
section and section 118. For purposes of this para-
graph, Federal power agencies exempted under sub-
section (c)(4) that choose to relocate from the fre-
quencies identified for reallocation pursuant to sub-
section (a) are eligible to receive payment under this 
paragraph.’’; 
(C) by amending paragraph (2)(B) to read 
as follows: 
‘‘(B) any other band of frequencies reallo-
cated from Federal use to exclusive non-Federal