I 
112TH CONGRESS 
1ST SESSION H. R. 3509 
To provide for the creation of a public safety broadband network, to ensure 
a more efficient and innovative allocation of the electromagnetic spec-
trum, to permit the Federal Communications Commission to conduct 
incentive auctions, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 29, 2011 
Mr. WAXMAN (for himself, Ms. ESHOO, Mr. MARKEY, Mr. DOYLE, Ms. MAT-
SUI, Mrs. CHRISTENSEN, Mr. PALLONE, Ms. DEGETTE, Mr. ENGEL, and 
Ms. SCHAKOWSKY) introduced the following bill; which was referred to 
the Committee on Energy and Commerce, and in addition to the Commit-
tees on Science, Space, and Technology and Oversight and Government 
Reform, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To provide for the creation of a public safety broadband 
network, to ensure a more efficient and innovative alloca-
tion of the electromagnetic spectrum, to permit the Fed-
eral Communications Commission to conduct incentive 
auctions, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Wireless Innovation and Public Safety Act of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Rule of construction. 
Sec. 4. Enforcement. 
TITLE I—ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY 
BROADBAND SPECTRUM 
Sec. 101. Reallocation of 700 MHz D block spectrum for public safety use. 
Sec. 102. Assignment of license to Corporation. 
Sec. 103. Ensuring efficient and flexible use of 700 MHz public safety 
narrowband spectrum. 
Sec. 104. Sharing of public safety broadband spectrum and network. 
Sec. 105. Commission rules. 
Sec. 106. FCC report on efficient use of public safety spectrum. 
TITLE II—ADVANCED PUBLIC SAFETY COMMUNICATIONS 
Subtitle A—Public Safety Broadband Network 
Sec. 201. Establishment and operation of Public Safety Broadband Corpora-
tion. 
Sec. 202. Public safety broadband network. 
Sec. 203. Program Management Office. 
Sec. 204. Representation before standards setting entities. 
Sec. 205. GAO report on satellite broadband. 
Sec. 206. Access to Federal supply schedules. 
Sec. 207. Federal infrastructure sharing. 
Sec. 208. Initial funding for Corporation. 
Sec. 209. Permanent self-funding of Corporation and duty to collect certain 
fees. 
Subtitle B—State, Local, and Tribal Planning and Implementation 
Sec. 211. State, Local, and Tribal Planning and Implementation Fund. 
Sec. 212. State, local, and tribal planning and implementation grant program. 
Sec. 213. Public safety wireless facilities deployment. 
Subtitle C—Public Safety Communications Research and Development 
Sec. 221. NIST-directed public safety wireless communications research and 
development. 
Subtitle D—Next Generation 9–1–1 Services 
Sec. 231. Definitions. 
Sec. 232. Coordination of 9–1–1 implementation. 
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Sec. 233. Requirements for multi-line telephone systems. 
Sec. 234. GAO study of State and local use of 9–1–1 service charges. 
Sec. 235. Parity of protection for provision or use of next generation 9–1–1 
service. 
Sec. 236. Commission proceeding on autodialing. 
Sec. 237. NHTSA report on costs for requirements and specifications of Next 
Generation 9–1–1 services. 
Sec. 238. FCC recommendations for legal and statutory framework for Next 
Generation 9–1–1 services. 
TITLE III—SPECTRUM AUCTION AUTHORITY 
Sec. 301. Deadlines for auction of certain spectrum. 
Sec. 302. Incentive auction authority. 
TITLE IV—PUBLIC SAFETY TRUST FUND 
Sec. 401. Public Safety Trust Fund. 
TITLE V—SPECTRUM POLICY 
Sec. 501. Spectrum inventory. 
Sec. 502. Federal spectrum planning. 
Sec. 503. Reallocating Federal spectrum for commercial purposes and Federal 
spectrum sharing. 
Sec. 504. Study on spectrum efficiency through receiver standards. 
Sec. 505. Study on unlicensed use in the 5 GHz band. 
Sec. 506. Report on availability of wireless equipment for the 700 MHz band. 
SEC. 2. DEFINITIONS. 
In this Act: 
(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) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—Except as otherwise specifically provided, 
the term ‘‘appropriate committees of Congress’’ 
means— 
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(A) the Committee on Commerce, Science, 
and Transportation of the Senate; and 
(B) the Committee on Energy and Com-
merce of the House of Representatives. 
(3) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Commerce for Communications and Information. 
(4) 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, which may include mo-
bile broadband Internet access service and 
Internet Protocol-based applications; 
(B) provided for profit; and 
(C) available to the public or to such class-
es of eligible users as to be effectively available 
to the public. 
(5) COMMERCIAL MOBILE SERVICE.—The term 
‘‘commercial mobile service’’ has the meaning given 
such term in section 332(d)(1) of the Communica-
tions Act of 1934 (47 U.S.C. 332(d)(1)). 
(6) 
COMMERCIAL
STANDARDS.—The 
term 
‘‘commercial standards’’ means the technical stand-
ards followed by the commercial mobile service and 
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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), and the Internet Engineering 
Task Force (IETF). 
(7) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(8) CORE
NETWORK.—The term ‘‘core net-
work’’ means the core network described in section 
202(b)(1). 
(9) FEDERAL ENTITY.—The term ‘‘Federal en-
tity’’ has the meaning given such term in section 
113(i) of the National Telecommunications and In-
formation Administration Organization Act (47 
U.S.C. 923(i)). 
(10) GOVERNOR.—The term ‘‘Governor’’ means 
the Governor or other chief executive officer of a 
State. 
(11) GUARD
BAND
SPECTRUM.—The term 
‘‘guard band spectrum’’ means the portion of the 
electromagnetic spectrum between the frequencies 
from 768 megahertz to 769 megahertz and between 
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the frequencies from 798 megahertz to 799 mega-
hertz. 
(12) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given such term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(13) NARROWBAND
SPECTRUM.—The term 
‘‘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. 
(14) NIST.—The term ‘‘NIST’’ means the Na-
tional Institute of Standards and Technology. 
(15) NTIA.—The term ‘‘NTIA’’ means the Na-
tional Telecommunications and Information Admin-
istration. 
(16) PROGRAM
MANAGEMENT
OFFICE.—The 
term ‘‘Program Management Office’’ means the of-
fice established under section 203(a). 
(17) 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). 
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(18) PUBLIC SAFETY BROADBAND NETWORK.— 
The term ‘‘public safety broadband network’’ means 
the network described in section 202. 
(19) PUBLIC
SAFETY
BROADBAND
CORPORA-
TION.—The term ‘‘Public Safety Broadband Cor-
poration’’ or ‘‘Corporation’’ means the corporation 
established under section 201(a)(1). 
(20) 
PUBLIC
SAFETY
BROADBAND
SPEC-
TRUM.—The term ‘‘public safety broadband spec-
trum’’ means— 
(A) the portion of the electromagnetic 
spectrum between the frequencies from 763 
megahertz to 768 megahertz and between the 
frequencies from 793 megahertz to 798 mega-
hertz; and 
(B) the 700 MHz D block spectrum. 
(21) PUBLIC
SAFETY
COMMUNICATIONS
RE-
SEARCH PROGRAM.—The term ‘‘Public Safety Com-
munications Research Program’’ means the program 
that is housed within the Department of Commerce 
Labs in Boulder, Colorado, and that is a joint effort 
between the Office of Law Enforcement Standards 
of NIST and the Institute for Telecommunication 
Sciences of the NTIA. 
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(22) PUBLIC SAFETY ENTITY.—The term ‘‘pub-
lic safety entity’’ means an entity that provides pub-
lic safety services. 
(23) PUBLIC
SAFETY
SERVICES.—The term 
‘‘public safety services’’ has the meaning given such 
term in section 337(f)(1) of the Communications Act 
of 1934 (47 U.S.C. 337(f)(1)). 
(24) RADIO
ACCESS
NETWORK.—The term 
‘‘radio access network’’ means the radio access net-
work described in section 202(b)(2). 
(25) STATE.—The term ‘‘State’’ means any of 
the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, the United States Virgin 
Islands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands. 
(26) STATE PUBLIC SAFETY BROADBAND OF-
FICE.—The term ‘‘State Public Safety Broadband 
Office’’ means an office established under section 
212(d). 
(27) TRIBAL.—The term ‘‘tribal’’ means, when 
used with respect to any entity, that such entity is 
a tribal organization (as defined in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b)). 
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SEC. 3. RULE OF CONSTRUCTION. 
Each range of frequencies described in this Act shall 
be construed to be inclusive of the upper and lower fre-
quencies in the range. 
SEC. 4. ENFORCEMENT. 
(a) IN GENERAL.—The Commission shall implement 
and enforce this Act as if this Act were a part of the Com-
munications Act of 1934 (47 U.S.C. 151 et seq.). A viola-
tion of this Act, or a regulation promulgated under this 
Act, shall be considered to be a violation of the Commu-
nications Act of 1934, or a regulation promulgated under 
such Act, respectively. 
(b) EXCEPTION.—Subsection (a) does not apply in 
the case of a provision of this Act that is expressly re-
quired to be carried out by an agency (as defined in sec-
tion 551 of title 5, United States Code) other than the 
Commission. 
TITLE I—ALLOCATION AND AS-
SIGNMENT OF PUBLIC SAFE-
TY BROADBAND SPECTRUM 
SEC. 101. REALLOCATION OF 700 MHZ D BLOCK SPECTRUM 
FOR PUBLIC SAFETY USE. 
(a) IN GENERAL.—The Commission shall reallocate 
the 700 MHz D block spectrum for use by public safety 
entities in accordance with the provisions of this Act. 
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(b) QUANTITY OF SPECTRUM ALLOCATED FOR PUB-
LIC SAFETY USE.—Section 337(a) of the Communications 
Act of 1934 (47 U.S.C. 337(a)) is amended— 
(1) by striking ‘‘Not later than January 1, 
1998, the’’ and inserting ‘‘The’’; 
(2) in paragraph (1), by striking ‘‘24’’ and in-
serting ‘‘34’’; and 
(3) in paragraph (2), by striking ‘‘36’’ and in-
serting ‘‘26’’. 
SEC. 102. ASSIGNMENT OF LICENSE TO CORPORATION. 
(a) IN GENERAL.—Not later than the date that is 
30 days after the date of the incorporation of the Public 
Safety Broadband Corporation under section 201(a), the 
Commission shall revoke the license for the public safety 
broadband spectrum and the guard band spectrum and 
assign a new, single license for the public safety 
broadband spectrum and the guard band spectrum to the 
Corporation for the purpose of ensuring the construction, 
management, maintenance, and operation of the public 
safety broadband network. 
(b) TERM.— 
(1) INITIAL LICENSE.—The initial license as-
signed under subsection (a) shall be for a term of 
10 years. 
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(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, the Corporation shall submit 
to the Commission an application for the renewal of 
such license in accordance with the Communications 
Act of 1934 (47 U.S.C. 151 et seq.) and any appli-
cable Commission regulations. Such renewal applica-
tion shall demonstrate that, during the term of the 
license that the Corporation is seeking to renew, the 
Corporation has fulfilled its duties and obligations 
under this Act and the Communications Act of 1934 
and has complied with all applicable Commission 
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. 
(c) DEFINITION OF PUBLIC SAFETY SERVICES.— 
Section 337(f)(1) of the Communications Act of 1934 (47 
U.S.C. 337(f)(1)) is amended— 
(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 
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(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’’. 
SEC. 103. ENSURING EFFICIENT AND FLEXIBLE USE OF 700 
MHZ PUBLIC SAFETY NARROWBAND SPEC-
TRUM. 
(a) LICENSE
REQUIREMENTS.—The Commission 
may not renew a license to use the narrowband spectrum 
after the date of the enactment of this Act, or grant an 
application for an initial license to use such spectrum after 
the date that is 3 years after such date of enactment, un-
less the licensee or applicant demonstrates that failure of 
the Commission to renew such license or grant such appli-
cation will— 
(1) cause considerable economic hardship; or 
(2) adversely impact the ability of the licensee 
or applicant to provide public safety services. 
(b) INVENTORY.—Not later than 6 months after the 
date of the enactment of this Act, the Commission shall 
complete and submit to the appropriate committees of 
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Congress a State-by-State inventory of the use of the 
narrowband spectrum, current as of such date of enact-
ment, including the numbers of base stations that are de-
ployed and in day-to-day operation, the approximate num-
ber of users, the extent of interoperability among the de-
ployed stations, and the approximate per-unit costs of mo-
bile equipment. 
(c) FLEXIBLE USE.—In order to promote efficient 
spectrum use, the Commission may allow the narrowband 
spectrum and the guard band spectrum to be used in a 
flexible manner, including for public safety broadband 
communications, subject to such technical and inter-
ference protection measures as the Commission may re-
quire. 
SEC. 104. SHARING OF PUBLIC SAFETY BROADBAND SPEC-
TRUM AND NETWORK. 
(a) 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), upon the request of a State 
Public Safety Broadband Office, the Corporation 
may enter into agreements with entities in such 
State that are not public safety entities to permit 
such entities to obtain access on a secondary, 
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preemptible basis to the public safety broadband 
spectrum in order to facilitate interoperability be-
tween such entities and public safety entities in pro-
tecting the safety of life, health, and property during 
emergencies and during preparation for and recovery 
from emergencies, including during emergency drills, 
exercises, and tests. 
(2) PREEMPTION.—The Corporation shall en-
sure that, under any agreements entered into under 
paragraph (1), public safety entities may preempt 
use of the public safety broadband spectrum by the 
entities with which the Corporation has entered into 
such agreements. 
(b) 
PUBLIC-PRIVATE
PARTNERSHIPS.—Notwith-
standing any limitation in section 337 of the Communica-
tions Act of 1934 (47 U.S.C. 337), the Corporation may 
permit a private entity with which the Corporation con-
tracts on behalf of public safety entities to construct, man-
age, maintain, or operate the core network or the radio 
access network, upon the request of such private entity, 
to— 
(1) obtain access to the public safety broadband 
spectrum for services that are not public safety serv-
ices; or 
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(2) share equipment or infrastructure of the 
public safety broadband network, including antennas 
and towers. 
(c) APPROVAL BY COMMISSION.—The Corporation 
may not enter into an agreement under subsection (a) or 
(b)(1) without the approval of the Commission. 
(d) REINVESTMENT.—The Corporation shall use any 
funds the Corporation receives under the agreements en-
tered into under subsections (a) and (b) to cover the ad-
ministrative expenses of the Corporation for the fiscal year 
in which such funds are received and shall use any excess 
for the construction, management, maintenance, and oper-
ation of the public safety broadband network. 
(e) ACCESS BY FEDERAL DEPARTMENTS AND AGEN-
CIES.—Notwithstanding any limitation in section 337 of 
the Communications Act of 1934 (47 U.S.C. 337), the 
Corporation shall enter into such written agreements as 
are necessary to permit Federal departments and agencies 
to have shared access to the public safety broadband spec-
trum on an equivalent basis in order to protect the safety 
of life, health, and property. 
(f) PROHIBITION ON OFFERING COMMERCIAL SERV-
ICES.—The Corporation may not offer, provide, or market 
commercial telecommunications services or information 
services directly to the public. 
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SEC. 105. COMMISSION RULES. 
(a) IN GENERAL.—In order to carry out the provi-
sions of this Act, the Commission shall— 
(1) adopt technical rules necessary to suffi-
ciently manage spectrum use in bands adjacent to 
the public safety broadband spectrum; 
(2) adopt rules requiring commercial mobile 
service providers and commercial mobile data service 
providers to offer roaming and priority access serv-
ices to public safety entities at commercially reason-
able terms and conditions if— 
(A) the equipment of the public safety en-
tity is technically compatible with the network 
of the commercial provider; 
(B) the commercial provider is reasonably 
compensated; and 
(C) such access does not unreasonably pre-
empt or otherwise terminate or degrade existing 
voice conversations or data sessions; 
(3) adopt technical rules governing the oper-
ation of the public safety broadband network in 
areas near the international borders of the United 
States; 
(4) adopt rules ensuring the commercial avail-
ability of devices capable of operating in the public 
safety broadband spectrum, known as Band Class 
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14, at costs comparable to those of similar devices 
that are designed to operate in spectrum allocated 
for commercial use; and 
(5) consider the adoption of such other rules as 
the Commission determines are necessary. 
(b) DEADLINE.—The Commission shall adopt the 
rules required by paragraphs (1) through (4) of subsection 
(a) not later than 180 days after the date of the enactment 
of this Act. 
(c) CONSULTATION.—In adopting rules under sub-
section (a) (or considering the adoption of rules under 
paragraph (5) of such subsection), the Commission shall 
consult with the Director of the Office of Emergency Com-
munications in the Department of Homeland Security, the 
Assistant Secretary, the Director of NIST, and the Public 
Safety Communications Research Program. 
SEC. 106. FCC REPORT ON EFFICIENT USE OF PUBLIC 
SAFETY SPECTRUM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act and every 2 years there-
after, the Commission shall, in consultation with the As-
sistant Secretary and the Director of NIST, conduct a 
study and submit to the appropriate committees of Con-
gress a report on the spectrum allocated for public safety 
use. 
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(b) CONTENTS.—The report required by subsection 
(a) shall include— 
(1) an examination of how such spectrum is 
being used; 
(2) recommendations on how such spectrum 
may be used more efficiently; 
(3) an assessment of the feasibility of public 
safety entities relocating from other bands to the 
public safety broadband spectrum; and 
(4) an assessment of whether any spectrum 
made available by the relocation described in para-
graph (3) could be returned to the Commission for 
reassignment through auction, including through use 
of incentive auction authority under subparagraph 
(G) of section 309(j)(8) of the Communications Act 
of 1934, as added by section 302(a). 
TITLE II—ADVANCED PUBLIC 
SAFETY COMMUNICATIONS 
Subtitle A—Public Safety 
Broadband Network 
SEC. 201. ESTABLISHMENT AND OPERATION OF PUBLIC 
SAFETY BROADBAND CORPORATION. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—There is authorized to be es-
tablished a private, nonprofit corporation to be 
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known as the Public Safety Broadband Corporation, 
which will not be an agency or establishment of the 
United States Government or the District of Colum-
bia government. 
(2) GOVERNING LAW.—The Corporation shall 
be subject to the provisions of this Act and, to the 
extent consistent with this Act, the District of Co-
lumbia Nonprofit Corporation Act (sec. 29–301.01 
et seq., D.C. Official Code). The Corporation shall 
have the usual powers conferred upon a nonprofit 
corporation by the District of Columbia Nonprofit 
Corporation Act. 
(3) INCORPORATION.—The members of the ini-
tial Board of Directors of the Corporation shall 
serve as the incorporators of the Corporation and 
shall take the necessary steps to establish the Cor-
poration under the District of Columbia Nonprofit 
Corporation Act. The Corporation shall notify the 
Commission of the date of its incorporation as soon 
as possible after such incorporation. 
(4) INITIAL BYLAWS.—The members of the ini-
tial Board of Directors of the Corporation shall es-
tablish the initial bylaws of the Corporation. 
(5) RESIDENCE.—The Corporation shall have 
its place of business in the District of Columbia and 
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shall be considered, for purposes of venue in civil ac-
tions, to be a resident of the District of Columbia. 
(b) BOARD OF DIRECTORS.— 
(1) MEMBERSHIP
AND
APPOINTMENT.—The 
management of the Corporation shall be vested in a 
Board of Directors, which shall consist of 15 mem-
bers, as follows: 
(A) FEDERAL
MEMBERS.—Four Federal 
members, or their designees, as follows: 
(i) The Secretary of Commerce. 
(ii) The Secretary of Homeland Secu-
rity. 
(iii) The Director of the Office of 
Management and Budget. 
(iv) The Attorney General of the 
United States. 
(B) NON-FEDERAL PUBLIC-SECTOR MEM-
BERS.—Seven non-Federal public-sector mem-
bers, representing both urban and rural inter-
ests, appointed by the Secretary of Commerce, 
as follows: 
(i) STATE
GOVERNORS.—Two mem-
bers, each of whom is the Governor of a 
State, or their designees. 
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(ii) LOCAL AND TRIBAL GOVERNMENT 
MEMBERS.—Two members, each of whom 
is the chief executive officer of a political 
subdivision of a State or an Indian tribe, 
or their designees. 
(iii) PUBLIC SAFETY ENTITY EMPLOY-
EES.—Three members, each of whom is 
employed by a public safety entity and pos-
sesses one or more of the following quali-
fications: 
(I) Experience with emergency 
preparedness and response. 
(II) Technical expertise with pub-
lic safety radio communications. 
(III) Operational experience with 
9–1–1 emergency services. 
(IV) Training in hospital or ur-
gent medical care. 
(C) 
PRIVATE-SECTOR
MEMBERS.—Four 
private-sector members, appointed by the Sec-
retary of Commerce, each of whom has exten-
sive experience implementing commercial stand-
ards in the design, development, and operation 
of commercial mobile data service networks. 
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(2) INDEPENDENCE OF NON-FEDERAL PUBLIC- 
SECTOR AND PRIVATE-SECTOR MEMBERS.— 
(A) IN GENERAL.—Each non-Federal pub-
lic-sector member and each private-sector mem-
ber of the Board of Directors appointed under 
paragraph (1) shall be independent and neutral. 
(B) INDEPENDENCE DETERMINATION.—In 
order to be considered independent for purposes 
of this paragraph, a member of the Board— 
(i) may not, other than in the capacity 
of such member as a member of the Board 
or a committee thereof, accept any con-
sulting, advisory, or other compensatory 
fee from the Corporation; and 
(ii) shall be disqualified from any de-
liberation involving any transaction of the 
Corporation in which such member has a 
financial interest in the outcome. 
(3) FEDERAL
EMPLOYMENT
STATUS.—The 
non-Federal public-sector members and the private- 
sector members of the Board of Directors shall not, 
by reason of membership on the Board, be consid-
ered to be officers or employees of the United States 
Government or the District of Columbia government. 
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(4) CITIZENSHIP.—Each non-Federal public- 
sector member and each private-sector member of 
the Board of Directors shall be a citizen of the 
United States. 
(5) TERMS OF APPOINTMENT.— 
(A) INITIAL
APPOINTMENT
DEADLINE.— 
The initial non-Federal public-sector members 
and the initial private-sector members of the 
Board of Directors shall be appointed not later 
than 180 days after the date of the enactment 
of this Act. 
(B) TERMS.— 
(i) LENGTH.— 
(I) FEDERAL
MEMBERS.—Each 
Federal member of the Board of Di-
rectors shall serve as a member of the 
Board for the life of the Corporation. 
(II) NON-FEDERAL
PUBLIC-SEC-
TOR
AND
PRIVATE-SECTOR
MEM-
BERS.—The term of office of each 
non-Federal public-sector member and 
each private-sector member of the 
Board of Directors shall be 3 years. 
Such a member may not serve more 
than 2 full terms consecutively. 
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(ii) EXPIRATION OF TERM.—Any non- 
Federal public-sector member or private- 
sector member of the Board of Directors 
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 member’s term has expired, 
whichever is earlier. 
(iii) APPOINTMENT
TO
FILL
VA-
CANCY.—A non-Federal public-sector mem-
ber or private-sector member of the Board 
of Directors appointed to fill a vacancy oc-
curring prior to the expiration of the term 
for which that member’s predecessor was 
appointed shall be appointed for the re-
mainder of the predecessor’s term. 
(iv) STAGGERED
TERMS.—With re-
spect to the initial non-Federal public-sec-
tor members and the initial private-sector 
members of the Board of Directors— 
(I) four members shall serve for 
a term of 3 years; 
(II) four members shall serve for 
a term of 2 years; and 
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(III) three members shall serve 
for a term of 1 year. 
(C) EFFECT OF VACANCIES.—A vacancy in 
the membership of the Board of Directors shall 
not affect the Board’s powers and shall be filled 
in the same manner as the original member was 
appointed. 
(6) CHAIR.— 
(A) SELECTION.—The Chair of the Board 
of Directors shall be selected by the Secretary 
of Commerce from among the non-Federal pub-
lic-sector members and the private-sector mem-
bers of the Board. 
(B) TERM.—The term of office of the 
Chair of the Board of Directors shall be 2 
years, and an individual may not serve more 
than 2 consecutive terms. 
(7) REMOVAL.— 
(A) BY SECRETARY OF COMMERCE.—The 
Secretary of Commerce may remove, for good 
cause— 
(i) the Chair of the Board of Direc-
tors; or 
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(ii) any non-Federal public-sector 
member or private-sector member of the 
Board of Directors. 
(B) BY
BOARD.—The members of the 
Board of Directors may, by majority vote— 
(i) remove any non-Federal public-sec-
tor member or private-sector member of 
the Board for conduct determined by the 
Board to be detrimental to the Board or to 
the Corporation; or 
(ii) request that the Secretary of 
Commerce exercise his or her authority to 
remove the Chair of the Board for conduct 
determined to be detrimental to the Board 
or to the Corporation. 
(8) MEETINGS.— 
(A) FREQUENCY.—The Board of Directors 
shall meet in accordance with the bylaws of the 
Corporation— 
(i) at the call of the Chair of the 
Board; and 
(ii) not less frequently than once each 
quarter. 
(B) TRANSPARENCY.—Meetings of the 
Board of Directors, and meetings of any com-
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mittees of the Board, shall be open to the pub-
lic. The Board may, by majority vote, close any 
such meeting only for the time necessary to pre-
serve the confidentiality of commercial or finan-
cial information that is privileged or confiden-
tial, to discuss personnel matters, or to discuss 
legal matters affecting the Corporation, includ-
ing pending or potential litigation. 
(9) QUORUM.—Eight members of the Board of 
Directors, including not fewer than 6 non-Federal 
public-sector members or private-sector members, 
shall constitute a quorum. 
(10) ATTENDANCE.—Members of the Board of 
Directors may attend meetings of the Corporation 
and vote in person, via telephone conference, or via 
video conference. 
(11) BYLAWS.—A majority of the members of 
the Board of Directors may amend the bylaws of the 
Corporation. 
(12) PROHIBITION AGAINST COMPENSATION.— 
A member of the Board of Directors shall serve 
without pay, and shall not otherwise benefit, directly 
or indirectly, as a result of the member’s service to 
the Corporation, but shall be allowed a per diem al-
lowance for travel expenses, at rates authorized for 
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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 performance of the duties of the 
Corporation. 
(c) CHIEF EXECUTIVE OFFICER AND EMPLOYEES.— 
(1) IN GENERAL.—The Corporation shall have 
1 officer, a Chief Executive Officer, and such em-
ployees as may be necessary to carry out the duties 
and responsibilities of the Corporation under this 
title and title I, for such terms, and at such rates 
of compensation in accordance with paragraph (5), 
as the Board of Directors of the Corporation con-
siders appropriate. The Chief Executive Officer and 
the employees shall serve at the pleasure of the 
Board of Directors. 
(2) QUALIFICATIONS OF CEO.—The Chief Exec-
utive Officer shall have extensive experience in the 
deployment, management, or design of commercial 
mobile data service networks. 
(3) CITIZENSHIP.—The Chief Executive Officer 
and the employees of the Corporation shall be citi-
zens of the United States. 
(4) 
NONPOLITICAL
NATURE
OF
APPOINT-
MENT.—No political test or qualification may be 
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used in selecting, appointing, promoting, or taking 
other personnel actions with respect to the Chief Ex-
ecutive Officer or the agents or employees of the 
Corporation. 
(5) COMPENSATION.— 
(A) IN GENERAL.—The Board of Directors 
may fix the compensation of the Chief Execu-
tive Officer and the employees hired under this 
subsection, as necessary to carry out the duties 
and responsibilities of the Corporation under 
this title and title I, except that— 
(i) the rate of compensation for the 
Chief Executive Officer or any employee 
may not exceed the maximum rate of basic 
pay established under section 5382 of title 
5, United States Code, for a member of 
the Senior Executive Service; and 
(ii) notwithstanding any other provi-
sion of law except clause (i), or any bylaw 
of the Corporation, all rates of compensa-
tion, including benefit plans and salary 
ranges, for the Chief Executive Officer and 
the employees shall be jointly approved by 
a majority of the Federal members of the 
Board. 
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(B) LIMITATION
ON
OTHER
COMPENSA-
TION.—Neither the Chief Executive Officer nor 
any employee of the Corporation may receive 
any salary or other compensation (except for 
compensation for service on boards of directors 
of other organizations that do not receive funds 
from the Corporation, on committees of such 
boards, and in similar activities for such organi-
zations) from any sources other than the Cor-
poration for services rendered during the period 
of the employment of the Chief Executive Offi-
cer or employee, respectively, by the Corpora-
tion. 
(C) SERVICE ON OTHER BOARDS.—Service 
by the Chief Executive Officer or any employee 
of the Corporation on a board of directors of 
another organization, on a committee of such a 
board, or in a similar activity for such an orga-
nization shall be subject to annual advance ap-
proval by the Board of Directors. 
(D) FEDERAL
EMPLOYMENT
STATUS.— 
Neither the Chief Executive Officer nor any em-
ployee of the Corporation shall be considered to 
be an officer or employee of the United States 
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Government or the District of Columbia govern-
ment. 
(d) SELECTION OF AGENTS, CONSULTANTS, AND EX-
PERTS.— 
(1) IN GENERAL.—The Board shall select par-
ties to serve as its agents, consultants, and experts 
in a fair, transparent, and objective manner. 
(2) FINAL AND BINDING.—If the selection of an 
agent, consultant, or expert satisfies the require-
ments of paragraph (1), the selection of such agent, 
consultant, or expert shall be final and binding. 
(e) NONPROFIT
AND NONPOLITICAL NATURE
OF 
CORPORATION.— 
(1) STOCK.—The Corporation shall have no 
power to issue any shares of stock, or to declare or 
pay any dividends. 
(2) PROFIT.—No part of the income or assets 
of the Corporation shall inure to the benefit of any 
director, officer, employee, or any other individual 
associated with the Corporation, except as salary or 
reasonable compensation for services. 
(3) POLITICS.—The Corporation may not con-
tribute to or otherwise support any political party or 
candidate for elective public office. 
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(4) PROHIBITION ON LOBBYING ACTIVITIES.— 
The Corporation may not engage in lobbying activi-
ties (as defined in section 3(7) of the Lobbying Dis-
closure Act of 1995 (2 U.S.C. 1602(7))). 
(f) GENERAL POWERS.—In addition to the powers 
granted to the Corporation by any other provision of law, 
the Corporation shall have the authority to do the fol-
lowing: 
(1) To adopt and use a corporate seal. 
(2) To have succession until dissolved by an Act 
of Congress. 
(3) To prescribe, through the actions of the 
Board of Directors, bylaws not inconsistent with 
Federal law and the laws of the District of Colum-
bia, regulating the manner in which the Corpora-
tion’s general business may be conducted and the 
manner in which the privileges granted to the Cor-
poration by law may be exercised. 
(4) To exercise, through the actions of the 
Board of Directors, all powers specifically granted to 
the Corporation by the provisions of this title and 
title I, and such incidental powers as shall be nec-
essary. 
(5) To hold such hearings, sit and act at such 
times and places, take such testimony, and receive 
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such evidence as the Corporation considers necessary 
to carry out its responsibilities and duties. 
(6) To obtain grants and funds from and make 
contracts with individuals, private companies, orga-
nizations, institutions, and Federal, State, regional, 
and local agencies. 
(7) To accept, hold, administer, and utilize 
gifts, donations, and bequests of property, both real 
and personal, for the purposes of aiding or facili-
tating the work of the Corporation. 
(8) To spend amounts obtained under para-
graph (6) in a manner authorized by the Board, but 
only for purposes that will advance or enhance pub-
lic safety communications consistent with this Act. 
(9) To establish reserve accounts with funds 
that the Corporation may receive from time to time 
that exceed the amounts required by the Corporation 
to timely pay its debt service and other obligations. 
(10) To expend the funds placed in any reserve 
accounts established under paragraph (9) (including 
interest earned on any such amounts) in a manner 
authorized by the Board, but only for purposes 
that— 
(A) will advance or enhance public safety 
communications consistent with this Act; or 
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(B) are otherwise approved by an Act of 
Congress. 
(11) To take such other actions as the Corpora-
tion, through the Board of Directors, may from time 
to time determine necessary, appropriate, or advis-
able to accomplish the purposes of this title and title 
I. 
(g) PRINCIPAL POWERS.—In addition to the powers 
granted to the Corporation by any other provision of law, 
the Corporation shall have the power— 
(1) to hold the single license for the public safe-
ty broadband spectrum and the guard band spec-
trum assigned by the Commission under section 
102(a); 
(2) to take all actions necessary to ensure the 
construction, management, maintenance, and oper-
ation of the public safety broadband network, in con-
sultation with Federal users of the network, public 
safety entities, the Commission, and the Technical 
and Operations Advisory Body established under 
subsection (h), including by— 
(A) ensuring the use of commercial stand-
ards; 
(B) issuing open, transparent, and com-
petitive requests for proposals to private-sector 
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entities for the purpose of constructing, man-
aging, maintaining, and operating the public 
safety broadband network; 
(C) entering into and overseeing the per-
formance of contracts or agreements with pri-
vate-sector entities to construct, manage, main-
tain, and operate the public safety broadband 
network; 
(D) leveraging, to the maximum extent 
possible, existing commercial, private, and pub-
lic infrastructure to reduce costs, supplement 
network capacity, and speed deployment of the 
network; 
(E) entering into roaming and priority ac-
cess agreements with providers of commercial 
mobile service and commercial mobile data serv-
ice to allow users of the public safety broadband 
network to obtain such services across the net-
works of such providers; 
(F) entering into sharing agreements 
under section 104; and 
(G) exercising discretion in using and dis-
bursing the funds received under section 
401(b)(4); and 
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(3) to establish the Program Management Of-
fice and delegate functions to such Office, in accord-
ance with section 203. 
(h) 
TECHNICAL
AND
OPERATIONS
ADVISORY 
BODY.— 
(1) ESTABLISHMENT.—In addition to such 
other standing or ad hoc committees, panels, or 
councils as the Board of Directors considers nec-
essary, the Corporation shall establish a Technical 
and Operations Advisory Body, which shall provide 
advice to the Corporation with respect to operational 
and technical matters related to public safety com-
munications and commercial mobile data service. 
(2) MEMBERSHIP.—The Technical and Oper-
ations Advisory Body shall be composed of such rep-
resentatives as the Board of Directors considers ap-
propriate, including representatives of the following: 
(A) Public safety entities. 
(B) State, local, and tribal entities that 
use the public safety broadband network. 
(C) Public safety answering points. 
(D) One or more of the 10 regional organi-
zational units of the Federal Emergency Man-
agement Agency. 
(E) The Bureau of Indian Affairs. 
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(F) The Office of Science and Technology 
Policy. 
(G) The Public Safety Communications 
Research Program. 
(H) Providers of commercial mobile data 
service and vendors of equipment, devices, and 
software used to provide and access such serv-
ice. 
(i) AUDITS AND REPORTS BY GAO.— 
(1) AUDITS.— 
(A) IN
GENERAL.—The financial trans-
actions of the Corporation for any fiscal year 
during which Federal funds are available to fi-
nance any portion of its operations shall be au-
dited annually by the Comptroller General of 
the United States in accordance with the prin-
ciples and procedures applicable to commercial 
corporate transactions and under such rules 
and regulations as may be prescribed by the 
Comptroller General. 
(B) 
LOCATION.—Any 
audit 
conducted 
under subparagraph (A) shall be conducted at 
the place or places where accounts of the Cor-
poration are normally kept. 
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(C) ACCESS TO CORPORATION BOOKS AND 
DOCUMENTS.— 
(i) IN GENERAL.—For purposes of an 
audit conducted under subparagraph (A), 
the representatives of the Comptroller Gen-
eral shall— 
(I) have access to all books, ac-
counts, records, reports, files, and all 
other papers, things, or property be-
longing to or in use by the Corpora-
tion that pertain to the financial 
transactions of the Corporation and 
are necessary to facilitate the audit; 
and 
(II) be afforded full facilities for 
verifying transactions with the bal-
ances or securities held by deposi-
tories, fiscal agents, and custodians. 
(ii) REQUIREMENT.—All books, ac-
counts, records, reports, files, papers, and 
property of the Corporation shall remain in 
the possession and custody of the Corpora-
tion. 
(2) REPORTS.— 
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(A) IN GENERAL.—The Comptroller Gen-
eral of the United States shall submit a report 
of each audit conducted under paragraph 
(1)(A) to— 
(i) the appropriate committees of Con-
gress; 
(ii) the President; and 
(iii) the Corporation. 
(B) CONTENTS.—Each report submitted 
under subparagraph (A) shall contain— 
(i) such comments and information as 
the Comptroller General determines nec-
essary to inform Congress of the financial 
operations and condition of the Corpora-
tion; 
(ii) any recommendations of the 
Comptroller General relating to the finan-
cial operations and condition of the Cor-
poration; and 
(iii) a description of any program, ex-
penditure, or other financial transaction or 
undertaking of the Corporation that was 
observed during the course of the audit, 
which, in the opinion of the Comptroller 
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wide interoperability and economies of scale in net-
work equipment and device costs; 
(2) develop and recommend for adoption by the 
Corporation a nationwide plan for the deployment of 
the public safety broadband network; 
(3) create a template for use by a State Public 
Safety Broadband Office receiving a grant under 
section 212(a) in transmitting the plans developed 
under such section to the Program Management Of-
fice; 
(4) create, for approval by the Corporation— 
(A) baseline criteria for a request for pro-
posals for the construction, management, main-
tenance, and operation of the core network; and 
(B) baseline criteria for requests for pro-
posals for the construction, management, main-
tenance, and operation of the radio access net-
work; 
(5) in consultation with State Public Safety 
Broadband Offices, evaluate responses to the re-
quests for proposals described in paragraph (4); 
(6) administer and oversee, and verify and vali-
date the performance of, contracts entered into by 
the Corporation with entities the proposals of which 
the Corporation accepts; 
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