113 
(2) requiring Federal entities to submit docu-
mentation, as part of the spectrum frequency assign-
ment process; 
(3) verifying that such entity has completed an 
analysis to support the use and need of the re-
quested assignment; and 
(4) requiring managers of spectrum resources 
at each Federal entity to validate, verify, or attest 
to the accuracy of spectrum information submitted 
by their entity to the NTIA. 
SEC. 525. SPECTRUM OPPORTUNITY COST TRANSPARENCY. 
(a) ANALYSIS OF ECONOMIC OPPORTUNITY COST.— 
(1) DEVELOPMENT OF FRAMEWORK.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this title, the 
NTIA, in consultation with the Commission and 
the Director of the Office of Management and 
Budget, shall develop a framework for deter-
mining the annual economic opportunity cost of 
each specific Federal spectrum band assigned 
or otherwise allocated for use by Federal enti-
ties. 
(B) CONSIDERATIONS.—In developing the 
framework required under subparagraph (A), 
the NTIA shall take into account the spectrum 
VerDate Mar 15 2010 
20:32 Jul 12, 2011
Jkt 099200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H2482.IH
H2482
sroberts on DSK5SPTVN1PROD with BILLS
114 
pricing methodologies adopted by other coun-
tries which utilize administered incentive pric-
ing of spectrum for government users. 
(2) SCOPE.—The framework developed under 
paragraph (1) shall cover all federally allocated spec-
trum bands between 150 MHz and 6000 MHz, in-
clusive. 
(3) GOALS.—The goal of the framework devel-
oped under paragraph (1) is— 
(A) to provide Federal entities with a sus-
tained long-term signal of spectrum value to in-
form the spectrum management decisions of 
such entities; and 
(B) to provide the public with increased 
transparency about how Federal entities use a 
scare physical resource. 
(4) REQUIREMENTS.—The framework devel-
oped under paragraph (1) shall— 
(A) define the term ‘‘opportunity cost’’ as 
the value of the spectrum, in dollar terms, as 
if such spectrum were to be reallocated to the 
highest commercial alternative use that cur-
rently does not have access to that spectrum; 
(B) be updated, on an annual basis, to 
take into account observed market valuations 
VerDate Mar 15 2010 
20:32 Jul 12, 2011
Jkt 099200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H2482.IH
H2482
sroberts on DSK5SPTVN1PROD with BILLS
115 
from spectrum auctions, secondary spectrum 
trading, and other market indicators of spec-
trum value; 
(C) determine the opportunity costs borne 
by each Federal entity for each spectrum band 
that is entirely under the control of a single 
agency; and 
(D) determine the opportunity costs for 
spectrum assigned or otherwise allocated to 
Federal entities for both primary use and sec-
ondary use. 
(b) REPORT ON OPPORTUNITY COSTS.—Each Fed-
eral entity that has been assigned or otherwise allocated 
use of a Federal spectrum band shall report, as an off- 
budget item, the opportunity cost borne by the entity for 
each spectrum band the entity uses— 
(1) in the budget of the entity to be included 
in the budget of the United States Government sub-
mitted by the President under section 1105 of title 
31, United States Code; and 
(2) in the annual financial statement of the en-
tity required to be filed under section 3515 of title 
31, United States Code. 
(c) SPECTRUM VALUE ANALYSIS.—Not later than 5 
years after the date of the enactment of this title, and 
VerDate Mar 15 2010 
20:32 Jul 12, 2011
Jkt 099200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H2482.IH
H2482
sroberts on DSK5SPTVN1PROD with BILLS
116 
every 5 years thereafter, each Federal entity that has been 
assigned or otherwise allocated use of a Federal spectrum 
band, or otherwise utilizes such spectrum, shall engage in 
an analysis comparing the opportunity cost of that spec-
trum, as such cost is determined by the framework devel-
oped by the NTIA under subsection (a), to the projected 
costs of the entity relocating to other government spec-
trum holdings, co-locating with other government agen-
cies, leasing other non-Federal spectrum, or contracting 
out for its spectrum activities. 
(d) SPECTRUM TECHNOLOGY STUDY.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of the enactment of this title, and 
every 5 years thereafter, the Comptroller General of 
the United States, in consultation with NTIA, shall 
examine the technologies and equipment used by 
Federal entities operating on Federal spectrum allo-
cations and determine if such technologies and 
equipment are the most spectrum efficient available. 
(2) CERTAIN DETERMINATIONS MADE.—If the 
results of any study required under paragraph (1) 
determines that the technologies and equipment of 
Federal entities operating on Federal spectrum allo-
cations are not the most spectrum efficient available, 
the Comptroller General shall determine— 
VerDate Mar 15 2010 
20:32 Jul 12, 2011
Jkt 099200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H2482.IH
H2482
sroberts on DSK5SPTVN1PROD with BILLS
117 
(A) what the costs would be to upgrade 
such systems to more up-to-date and readily 
available systems; 
(B) what benefits would be gained from 
upgrading, particularly any cost savings or in-
creases in spectrum utilization efficiency; and 
(C) if there are any possible problems with 
upgrading to more up-to-date systems. 
SEC. 526. SYSTEM CERTIFICATION. 
Not later than 6 months after the date of enactment 
of this title, the Director of the Office of Management and 
Budget shall update and revise section 33.4 of OMB Cir-
cular A–11 to reflect the recommendations regarding such 
Circular made in the Commerce Spectrum Management 
Advisory Committee Incentive Subcommittee report, 
adopted January 11, 2011. 
SEC. 527. REPORT TO CONGRESS ON IMPROVING SPEC-
TRUM MANAGEMENT. 
Not later than 3 months after the date of enactment 
of this title, the NTIA shall submit to the appropriate 
committees of Congress a report on the status of the 
NTIA’s plan to implement the recommendations contained 
in the ‘‘President’s Memorandum on Improving Spectrum 
Management for the 21st Century’’, 49 Weekly Comp. 
Pres. Doc. 2875, Nov. 29, 2004. 
VerDate Mar 15 2010 
20:32 Jul 12, 2011
Jkt 099200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H2482.IH
H2482
sroberts on DSK5SPTVN1PROD with BILLS
118 
SEC. 528. WIRELESS FACILITIES DEPLOYMENT. 
(a) FACILITY MODIFICATIONS.— 
(1) IN GENERAL.—Notwithstanding section 704 
of the Telecommunications Act of 1996 or any other 
provision of law, a State or local government may 
not deny, and shall approve, any eligible facilities re-
quest for a modification of an existing wireless tower 
that does not substantially change the physical di-
mensions of such tower. 
(2) ELIGIBLE FACILITIES REQUEST.—For pur-
poses this subsection, the term ‘‘eligible facilities re-
quest’’ means any request for modification of an ex-
isting wireless tower that involves— 
(A) collocation of new transmission equip-
ment; 
(B) removal of transmission equipment; 
and 
(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 rights-of-way to, in, over, or on a build-
ing owned by the Federal Government for the right 
to install, construct, and maintain wireless service 
VerDate Mar 15 2010 
20:32 Jul 12, 2011
Jkt 099200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H2482.IH
H2482
sroberts on DSK5SPTVN1PROD with BILLS
119 
antenna structures and equipment, and backhaul 
transmission, the executive agency having control of 
the building may grant to the applicant, on behalf 
of the Federal Government, an easement or rights- 
of-way to perform such installation, construction, 
and maintenance. 
(2) APPLICATION.—The Administrator of the 
General Services Administration shall develop a com-
mon form for rights-of-way applications required 
under paragraph (1) for all executive agencies that 
shall be used by applicants with respect to the build-
ings or property of each such agency. 
(3) FEE.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, in making a grant of an 
easement or rights-of-way pursuant to para-
graph (1), the Administrator of the General 
Services Administration shall establish a fee for 
the award of such grant that is based on direct 
cost recovery. 
(B) EXCEPTIONS.—The Administrator of 
the General Services Administration may estab-
lish exceptions to the fee amount required 
under subparagraph (A)— 
VerDate Mar 15 2010 
20:32 Jul 12, 2011
Jkt 099200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H2482.IH
H2482
sroberts on DSK5SPTVN1PROD with BILLS
120 
(i) in consideration of the public ben-
efit provided by a grant of an easement or 
rights-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 (2) shall be made available, without 
further appropriation, to such agency for purposes 
of the agency’s telecommunications and information 
technology needs and any excess funds shall then be 
deposited into the Federal Building Fund. 
(c) MASTER CONTRACTS
FOR WIRELESS TOWER 
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 enactment of this Act, the Administrator 
of the General Services Administration shall— 
(A) develop 1 or more master contracts 
that shall govern the placement of wireless serv-
ice antenna structures on buildings and prop-
erty owned by the Federal Government; and 
(B) in developing the master contract, with 
respect to the siting of wireless service antenna 
VerDate Mar 15 2010 
20:32 Jul 12, 2011
Jkt 099200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H2482.IH
H2482
sroberts on DSK5SPTVN1PROD with BILLS
121 
structures, standardize the treatment of the 
placement of wireless service antenna structures 
on rooftop or building facades, the placement of 
equipment on rooftops or inside buildings, and 
technology, and any other key issues that the 
Administrator determines appropriate. 
(2) APPLICABILITY.—The master contract de-
veloped by the Administrator of the General Services 
Administration under paragraph (1) shall apply to 
all publicly accessible property owned by the Federal 
Government, unless the Administrator decides that 
issues with respect to the siting of a wireless service 
antenna structure on a specific building or property 
warrant nonstandard treatment of a specific prop-
erty. 
(3) APPLICATION.—The Administrator of the 
General Services Administration shall develop a com-
mon form or set of forms for wireless service an-
tenna structure siting applications required under 
this section for all executive agencies that shall be 
used by applicants with respect to the buildings of 
each such agency. 
VerDate Mar 15 2010 
20:32 Jul 12, 2011
Jkt 099200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H2482.IH
H2482
sroberts on DSK5SPTVN1PROD with BILLS
122 
TITLE VI—STUDIES ON NEXT 
GENERATION 9–1–1 SERVICES 
SEC. 601. DEFINITIONS. 
As used in this title, 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 C.F.R. 20.18), as in 
effect on the date of enactment of this title, or as 
subsequently revised by the Commission. 
(3) 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; 
VerDate Mar 15 2010 
04:10 Jul 13, 2011
Jkt 099200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H2482.IH
H2482
sroberts on DSK5SPTVN1PROD with BILLS
123 
(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; or 
(F) provides broadband service to public 
safety answering points or other first responder 
entities. 
(4) PUBLIC SAFETY ANSWERING POINT.—The 
term ‘‘public safety answering point’’ has the mean-
ing given the term in section 222 of the Communica-
tions Act of 1934 (47 U.S.C. 222). 
SEC. 602. 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 enactment of this title, the Administrator of the 
National Highway Traffic Safety Administration, in con-
sultation with the Commission and the Secretary of Home-
land Security, shall prepare and submit a report to Con-
VerDate Mar 15 2010 
20:32 Jul 12, 2011
Jkt 099200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H2482.IH
H2482
sroberts on DSK5SPTVN1PROD with BILLS
124 
gress that analyzes and determines detailed costs for spe-
cific Next Generation 9–1–1 service requirements and 
specifications. 
(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. 
VerDate Mar 15 2010 
03:59 Jul 13, 2011
Jkt 099200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H2482.IH
H2482
sroberts on DSK5SPTVN1PROD with BILLS
125 
(5) An assessment of the architectural charac-
teristics, feasibility, and limitations of Next Genera-
tion 9–1–1 service delivery. 
(6) An analysis of the needs for Next Genera-
tion 9–1–1 service of persons with disabilities. 
(7) Standards and protocols for Next Genera-
tion 9–1–1 service and for incorporating Voice over 
Internet Protocol and ‘‘Real-Time Text’’ standards. 
SEC. 603. FCC RECOMMENDATIONS FOR LEGAL AND STATU-
TORY FRAMEWORK FOR NEXT GENERATION 
9–1–1 SERVICES. 
Not later than 1 year after the date of enactment 
of this title, the Commission, in coordination with the Sec-
retary of Homeland Security and the Administrator of the 
National Highway Traffic Safety Administration, 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 rec-
ommendations in the National Broadband Plan developed 
by the Commission pursuant to Public Law 111–5, includ-
ing the following: 
(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. 
VerDate Mar 15 2010 
20:32 Jul 12, 2011
Jkt 099200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H2482.IH
H2482
sroberts on DSK5SPTVN1PROD with BILLS
126 
(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. 
TITLE VII—MISCELLANEOUS 
SEC. 701. SEVERABILITY. 
If any provision of this Act or an amendment made 
by this Act, or the application of the provision to any per-
son or circumstance, is held to be unconstitutional, the 
remainder of this Act and the amendments made by this 
Act, and the application of the provisions of this Act and 
the amendments made by this Act to any other person 
or circumstance, shall not be affected thereby. 
VerDate Mar 15 2010 
20:32 Jul 12, 2011
Jkt 099200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H2482.IH
H2482
sroberts on DSK5SPTVN1PROD with BILLS
127 
SEC. 702. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed as adding or 
subtracting from the authority the Commission may or 
may not have to regulate broadband Internet access serv-
ice. 
Æ 
VerDate Mar 15 2010 
20:32 Jul 12, 2011
Jkt 099200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6301
E:\BILLS\H2482.IH
H2482
sroberts on DSK5SPTVN1PROD with BILLS