H. R. 3630—70 
‘‘(aa) prior to the end of fiscal year 2022, 
in the Public Safety Trust Fund established 
by section 6413(a)(1) of such Act; and 
‘‘(bb) after the end of fiscal year 2022, 
in the general fund of the Treasury, where 
such proceeds shall be dedicated for the sole 
purpose of deficit reduction. 
‘‘(iv) CONGRESSIONAL
NOTIFICATION.—At least 3 
months before any incentive auction conducted under 
this subparagraph, the Chairman of the Commission, 
in consultation with the Director of the Office of 
Management and Budget, shall notify the appropriate 
committees of Congress of the methodology for calcu-
lating the amounts that will be shared with licensees 
under clause (i). 
‘‘(v) DEFINITION.—In this subparagraph, the term 
‘appropriate committees of Congress’ means— 
‘‘(I) the Committee on Commerce, Science, and 
Transportation of the Senate; 
‘‘(II) the Committee on Appropriations of the 
Senate; 
‘‘(III) the Committee on Energy and Commerce 
of the House of Representatives; and 
‘‘(IV) the Committee on Appropriations of the 
House of Representatives.’’. 
SEC. 6403. SPECIAL REQUIREMENTS FOR INCENTIVE AUCTION OF 
BROADCAST TV SPECTRUM. 
(a) REVERSE AUCTION TO IDENTIFY INCENTIVE AMOUNT.— 
(1) IN GENERAL.—The Commission shall conduct a reverse 
auction to determine the amount of compensation that each 
broadcast television licensee would accept in return for volun-
tarily relinquishing some or all of its broadcast television spec-
trum usage rights in order to make spectrum available for 
assignment through a system of competitive bidding under 
subparagraph (G) of section 309(j)(8) of the Communications 
Act of 1934, as added by section 6402. 
(2) ELIGIBLE
RELINQUISHMENTS.—A relinquishment of 
usage rights for purposes of paragraph (1) shall include the 
following: 
(A) Relinquishing all usage rights with respect to a 
particular television channel without receiving in return 
any usage rights with respect to another television channel. 
(B) Relinquishing all usage rights with respect to an 
ultra high frequency television channel in return for 
receiving usage rights with respect to a very high frequency 
television channel. 
(C) Relinquishing usage rights in order to share a 
television channel with another licensee. 
(3) CONFIDENTIALITY.—The Commission shall take all 
reasonable steps necessary to protect the confidentiality of 
Commission-held data of a licensee participating in the reverse 
auction under paragraph (1), including withholding the identity 
of such licensee until the reassignments and reallocations (if 
any) under subsection (b)(1)(B) become effective, as described 
in subsection (f)(2).
H. R. 3630—71 
(4) PROTECTION OF CARRIAGE RIGHTS OF LICENSEES SHARING 
A
CHANNEL.—A broadcast television 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 Communications 
Act of 1934 (47 U.S.C. 338; 534; 535) on November 30, 2010, 
shall have, at its shared location, 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 SPECTRUM.— 
(1) IN GENERAL.—For purposes of making available spec-
trum 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 coordination along 
the border with Mexico and Canada— 
(i) make such reassignments of television channels 
as the Commission considers appropriate; and 
(ii) reallocate such portions of such spectrum as 
the Commission determines are available for realloca-
tion. 
(2) FACTORS FOR CONSIDERATION.—In making any reassign-
ments or reallocations under paragraph (1)(B), the Commission 
shall make all reasonable efforts 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 paragraph (1)(B)(i), the 
Commission may not involuntarily reassign a broadcast tele-
vision 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 megahertz to a television 
channel between the frequencies from 54 megahertz to 
88 megahertz. 
(4) PAYMENT OF RELOCATION COSTS.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), from amounts made available 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 
frequency television channel to a different very high 
frequency television channel, or, in accordance with 
subsection (g)(1)(B), from a very high frequency tele-
vision channel to an ultra high frequency television 
channel, in order for the licensee to relocate its tele-
vision service from one channel to the other;
H. R. 3630—72 
(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); 
(II) voluntarily relinquishes spectrum usage 
rights under subsection (a) with respect to an ultra 
high frequency television channel in return for 
receiving usage rights with respect to a very high 
frequency television channel; or 
(III) voluntarily relinquishes spectrum usage 
rights under subsection (a) to share a television 
channel with another licensee; or 
(iii) a channel 37 incumbent user, in order to 
relocate to other suitable spectrum, provided that all 
such users can be relocated and that the total reloca-
tion costs of such users do not exceed $300,000,000. 
For the purpose of this section, the spectrum made 
available through relocation of channel 37 incumbent 
users shall be deemed as spectrum reclaimed through 
a reverse auction under section 6403(a). 
(B) REGULATORY RELIEF.—In lieu of reimbursement for 
relocation costs under subparagraph (A), a broadcast tele-
vision 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 inter-
ference protections, to make flexible use of the spectrum 
assigned to the licensee to provide services other than 
broadcast television services. Such waiver shall only remain 
in effect while the licensee provides at least 1 broadcast 
television program stream on such spectrum at no charge 
to the public. 
(C) LIMITATION.—The Commission may not make 
reimbursements under subparagraph (A) for lost revenues. 
(D) DEADLINE.—The Commission shall make all 
reimbursements required by subparagraph (A) not later 
than the date that is 3 years after the completion of the 
forward auction 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 sub-
section (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 Commu-
nications Act of 1934 with each licensee whose bid the 
Commission accepts in the reverse auction under subsection 
(a)(1) is not less than the amount of such bid. 
(2) MINIMUM PROCEEDS.— 
(A) IN GENERAL.—If the amount of the proceeds from 
the forward auction under paragraph (1) is not greater 
than the sum described in subparagraph (B), no licenses 
shall be assigned through such forward auction, no re-
assignments or reallocations under subsection (b)(1)(B)
H. R. 3630—73 
shall become effective, and the Commission 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 subsection (a)(1); 
(ii) the costs of conducting such forward auction 
that the salaries and expenses account of the Commis-
sion is required to retain under section 309(j)(8)(B) 
of the Communications Act of 1934 (47 U.S.C. 
309(j)(8)(B)); and 
(iii) the estimated costs for which the Commission 
is required to make reimbursements under subsection 
(b)(4)(A). 
(C) ADMINISTRATIVE COSTS.—The amount of the pro-
ceeds from the forward auction under paragraph (1) that 
the salaries and expenses account of the Commission is 
required to retain under section 309(j)(8)(B) of the Commu-
nications Act of 1934 (47 U.S.C. 309(j)(8)(B)) shall be suffi-
cient to cover the costs incurred by the Commission in 
conducting the reverse auction under subsection (a)(1), con-
ducting the evaluation of the broadcast television spectrum 
under subparagraph (A) of subsection (b)(1), and making 
any reassignments or reallocations under subparagraph 
(B) of such subsection, in addition to the costs incurred 
by the Commission in conducting such forward auction. 
(3) FACTOR FOR CONSIDERATION.—In conducting the forward 
auction under paragraph (1), the Commission shall consider 
assigning licenses that cover geographic areas of a variety 
of different sizes. 
(d) TV BROADCASTER RELOCATION FUND.— 
(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 bor-
rowed under paragraph (3)(A) and any amounts in the TV 
Broadcaster Relocation Fund that are not necessary for 
reimbursement of the general 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 provided in subsection (f)(2), and 
ending when $1,000,000,000 has been deposited in the 
TV Broadcaster Relocation Fund, the Commission may bor-
row from the Treasury of the United States an amount 
not to exceed $1,000,000,000 to use toward the payments 
required by subsection (b)(4)(A). 
(B) 
REIMBURSEMENT.—The 
Commission 
shall 
reimburse the general fund of the Treasury, without 
interest, for any amounts borrowed under subparagraph 
(A) as funds are deposited into the TV Broadcaster Reloca-
tion Fund.
H. R. 3630—74 
(4) TRANSFER OF UNUSED FUNDS.—If any amounts remain 
in the TV Broadcaster Relocation Fund after the date that 
is 3 years after the completion of the forward auction under 
subsection (c)(1), the Secretary of the Treasury shall— 
(A) prior to the end of fiscal year 2022, transfer such 
amounts to the Public Safety Trust Fund established by 
section 6413(a)(1); and 
(B) after the end of fiscal year 2022, transfer such 
amounts to the general fund of the Treasury, where such 
amounts shall be dedicated for the sole purpose of deficit 
reduction. 
(e) NUMERICAL LIMITATION
ON AUCTIONS
AND REORGANIZA-
TION.—The Commission may not complete more than one reverse 
auction under subsection (a)(1) or more than one reorganization 
of the broadcast television spectrum under subsection (b). 
(f) TIMING.— 
(1) CONTEMPORANEOUS
AUCTIONS
AND
REORGANIZATION 
PERMITTED.—The Commission may conduct the reverse auction 
under subsection (a)(1), any reassignments or reallocations 
under subsection (b)(1)(B), and the forward auction under sub-
section (c)(1) on a contemporaneous basis. 
(2) EFFECTIVENESS
OF
REASSIGNMENTS
AND
REALLOCA-
TIONS.—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 realloca-
tions shall become effective simultaneously. 
(3) DEADLINE.—The Commission may not conduct the 
reverse auction under subsection (a)(1) or the forward auction 
under subsection (c)(1) after the end of fiscal year 2022. 
(4) LIMIT
ON
DISCRETION
REGARDING
AUCTION
TIMING.— 
Section 309(j)(15)(A) of the Communications 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 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 specific provision of 
a statute administered by the Commission, or a regula-
tion 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 fre-
quency television channel, unless— 
(i) such a reassignment will not decrease the total 
amount of ultra high frequency spectrum made avail-
able for reallocation under this section; or 
(ii) a request from such licensee for the reassign-
ment was pending at the Commission on May 31, 
2011.
H. R. 3630—75 
(2) PERIOD DESCRIBED.—The period described in this para-
graph is the period beginning on the date of the enactment 
of this Act and ending on the earliest of— 
(A) the first date when the reverse auction under sub-
section (a)(1), the reassignments and reallocations (if any) 
under subsection (b)(1)(B), and the forward auction under 
subsection (c)(1) have been completed; 
(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, 2022. 
(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 Commission’s ‘‘White 
Spaces’’ Second Report and Order and Memorandum Opinion 
and Order (FCC 08–260, adopted November 4, 2008) in the 
spectrum that remains allocated for broadcast television use 
after the reorganization required by such subsection. 
SEC. 6404. CERTAIN CONDITIONS ON AUCTION PARTICIPATION 
PROHIBITED. 
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 para-
graph: 
‘‘(17) CERTAIN
CONDITIONS
ON
AUCTION
PARTICIPATION 
PROHIBITED.— 
‘‘(A) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Commission may not prevent a person 
from participating in a system of competitive bidding under 
this subsection if such person— 
‘‘(i) complies with all the auction procedures and 
other requirements to protect the auction process 
established by the Commission; and 
‘‘(ii) either— 
‘‘(I) meets the technical, financial, character, 
and citizenship qualifications that the Commission 
may require under section 303(l)(1), 308(b), or 310 
to hold a license; or 
‘‘(II) would meet such license qualifications by 
means approved by the Commission prior to the 
grant of the license. 
‘‘(B) 
CLARIFICATION
OF
AUTHORITY.—Nothing 
in 
subparagraph (A) affects any authority the Commission 
has to adopt and enforce rules of general applicability, 
including rules concerning spectrum aggregation that pro-
mote competition.’’. 
SEC. 6405. 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 ‘‘2022’’.
H. R. 3630—76 
SEC. 6406. UNLICENSED USE IN THE 5 GHZ BAND. 
(a) MODIFICATION OF COMMISSION REGULATIONS TO ALLOW CER-
TAIN UNLICENSED USE.— 
(1) IN GENERAL.—Subject to paragraph (2), not later than 
1 year after the date of the enactment of this Act, the Commis-
sion shall begin a proceeding to modify part 15 of title 47, 
Code of Federal Regulations, to allow unlicensed U–NII devices 
to operate in the 5350–5470 MHz band. 
(2) REQUIRED
DETERMINATIONS.—The Commission may 
make the modification described in paragraph (1) only if the 
Commission, in consultation with the Assistant Secretary, 
determines that— 
(A) licensed users will be protected by technical solu-
tions, including use of existing, modified, or new spectrum- 
sharing technologies and solutions, such as dynamic fre-
quency selection; and 
(B) the primary mission of Federal spectrum users 
in the 5350–5470 MHz band will not be compromised by 
the introduction of unlicensed devices. 
(b) STUDY BY NTIA.— 
(1) IN GENERAL.—The Assistant Secretary, in consultation 
with the Department of Defense and other impacted agencies, 
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 and in the 5850–5925 MHz band. 
(2) SUBMISSION.—The Assistant Secretary shall submit to 
the Commission and the Committee on Energy and Commerce 
of the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate— 
(A) not later than 8 months after the date of the 
enactment of this Act, a report on the portion of the study 
required by paragraph (1) with respect to the 5350–5470 
MHz band; and 
(B) not later than 18 months after the date of the 
enactment of this Act, a report on the portion of the study 
required by paragraph (1) with respect to the 5850–5925 
MHz band. 
(c) DEFINITIONS.—In this section: 
(1) 5350–5470 MHZ
BAND.—The term ‘‘5350–5470 MHz 
band’’ means the portion of the electromagnetic spectrum 
between the frequencies from 5350 megahertz to 5470 mega-
hertz. 
(2) 5850–5925 MHZ
BAND.—The term ‘‘5850–5925 MHz 
band’’ means the portion of the electromagnetic spectrum 
between the frequencies from 5850 megahertz to 5925 mega-
hertz. 
SEC. 6407. GUARD BANDS AND UNLICENSED USE. 
(a) IN GENERAL.—Nothing in subparagraph (G) of section 
309(j)(8) of the Communications Act of 1934, as added by section 
6402, or in section 6403 shall be construed to prevent the Commis-
sion from using relinquished or other spectrum to implement band 
plans with guard bands. 
(b) SIZE OF GUARD BANDS.—Such guard bands shall be no 
larger than is technically reasonable to prevent harmful interference 
between licensed services outside the guard bands.
H. R. 3630—77 
(c) UNLICENSED USE IN GUARD BANDS.—The Commission may 
permit the use of such guard bands for unlicensed use. 
(d) DATABASE.—Unlicensed use shall rely on a database or 
subsequent methodology as determined by the Commission. 
(e) PROTECTIONS
AGAINST
HARMFUL
INTERFERENCE.—The 
Commission may not permit any use of a guard band that the 
Commission determines would cause harmful interference to 
licensed services. 
SEC. 6408. STUDY ON RECEIVER PERFORMANCE AND SPECTRUM EFFI-
CIENCY. 
(a) IN GENERAL.—The Comptroller General of the United States 
shall conduct a study to consider efforts to ensure that each trans-
mission system is designed and operated so that reasonable use 
of adjacent spectrum does not excessively impair the functioning 
of such system. 
(b) REQUIRED
CONSIDERATIONS.—In conducting the study 
required by subsection (a), the Comptroller General shall consider— 
(1) the value of— 
(A) improving receiver performance as it relates to 
increasing spectral efficiency; 
(B) improving the operation of services that are located 
in adjacent spectrum; and 
(C) narrowing the guard bands between adjacent spec-
trum use; 
(2) the role of manufacturers, commercial licensees, and 
government users with respect to their transmission systems 
and the use of adjacent spectrum; 
(3) the feasibility of industry self-compliance with respect 
to the design and operational requirements of transmission 
systems and the reasonable use of adjacent spectrum; and 
(4) the value of action by the Commission and the Assistant 
Secretary to establish, by rule, technical requirements or stand-
ards for non-Federal and Federal use, respectively, with respect 
to the reasonable use of portions of the radio spectrum that 
are adjacent to each other. 
(c) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Comptroller General shall submit a report 
on the results of the study required by subsection (a) to the Com-
mittee on Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate. 
(d) TRANSMISSION SYSTEM DEFINED.—In this section, the term 
‘‘transmission system’’ means any telecommunications, broadcast, 
satellite, commercial mobile service, or other communications 
system that employs radio spectrum. 
SEC. 6409. WIRELESS FACILITIES DEPLOYMENT. 
(a) FACILITY MODIFICATIONS.— 
(1) IN GENERAL.—Notwithstanding section 704 of the Tele-
communications 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 modifica-
tion 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 purposes of this 
subsection, the term ‘‘eligible facilities request’’ means any
H. R. 3630—78 
request for modification of an existing wireless tower or base 
station that involves— 
(A) collocation of new transmission equipment; 
(B) removal of transmission equipment; or 
(C) replacement of transmission equipment. 
(3) APPLICABILITY OF ENVIRONMENTAL LAWS.—Nothing in 
paragraph (1) shall be construed to relieve the Commission 
from the requirements of the National Historic Preservation 
Act or the National Environmental Policy Act of 1969. 
(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 person, firm, or organiza-
tion applies for the grant of an easement or right-of-way to, 
in, over, or on a building or other property owned by the 
Federal Government 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 property may grant 
to the applicant, on behalf of the Federal Government, an 
easement or right-of-way to perform such installation, construc-
tion, and maintenance. 
(2) APPLICATION.—The Administrator of General Services 
shall develop a common form for applications for easements 
and rights-of-way under paragraph (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 General Services shall estab-
lish a fee for the grant of an easement or right-of-way 
pursuant to paragraph (1) that is based on direct cost 
recovery. 
(B) EXCEPTIONS.—The Administrator of General Serv-
ices may establish exceptions to the fee amount required 
under subparagraph (A)— 
(i) in consideration of the public benefit provided 
by a grant of an easement or right-of-way; and 
(ii) in the interest of expanding wireless 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 Tele-
communications 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 Administrator of General Services shall— 
(A) develop 1 or more master contracts that shall 
govern the placement of wireless service 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