this section, the right to the spectrum shall be for-
feited to the Commission unless the Commission 
finds that there is good cause for the failure of the 
party. 
(4) REQUIREMENT.—The Commission may 
offer a licensee incentives or reduced performance 
requirements under this section only if the Commis-
sion finds that doing so would likely result in in-
creased availability of advanced telecommunications 
services in a rural area. 
SEC. 713. UNLICENSED SPECTRUM POLICY. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States— 
(1) to maximize the benefit to the people of the 
United States of the spectrum resources of the 
United States; 
(2) to advance innovation and investment in 
wireless broadband services; and 
(3) to promote spectrum policy that makes 
available on an unlicensed basis radio frequency 
bands to address consumer demand for unlicensed 
wireless broadband operations. 
(b) COMMISSION RESPONSIBILITIES.—The Commis-
sion shall ensure that the efforts of the Commission re-
lated to spectrum allocation and assignment made avail-
able on an unlicensed basis radio frequency bands to ad-
dress demand for unlicensed wireless broadband oper-
ations if doing so is, after taking into account the future 
needs of homeland security, national security, and other 
spectrum users— 
(1) reasonable; and 
(2) in the public interest. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion confers any additional rights on unlicensed users or 
users licensed by rule under part 96 of title 47, Code of 
Federal Regulations, to protection from harmful inter-
ference. 
SEC. 714. NATIONAL PLAN FOR UNLICENSED SPECTRUM. 
(a) DEFINITIONS.—In this section: 
(1) SPECTRUM RELOCATION FUND.—The term 
‘‘Spectrum Relocation Fund’’ means the Fund es-
tablished under section 118 of the National Tele-
communications and Information Administration Or-
ganization Act (47 U.S.C. 928). 
(2) UNLICENSED OR LICENSED BY RULE OPER-
ATIONS.—The term ‘‘unlicensed or licensed by rule 
operations’’ means the use of spectrum on a non-ex-
clusive basis under— 
(A) part 15 of title 47, Code of Federal 
Regulations; or
(B) licensing by rule under part 96 of title 
47, Code of Federal Regulations. 
(b) NATIONAL PLAN.—Not later than 18 months 
after the date of enactment of this Act, the Commission, 
in consultation with the NTIA, shall develop a national 
plan for making additional radio frequency bands available 
for unlicensed or licensed by rule operations. 
(c) REQUIREMENTS.—The plan developed under this 
section shall— 
(1) identify an approach that ensures that con-
sumers have access to additional spectrum to con-
duct unlicensed or licensed by rule operations in a 
range of radio frequencies to meet consumer de-
mand; 
(2) recommend specific actions by the Commis-
sion and the NTIA to permit unlicensed or licensed 
by rule operations in additional radio frequency 
ranges that the Commission finds— 
(A) are consistent with the statement of 
policy under section 713(a); 
(B) will— 
(i) expand opportunities for unli-
censed or licensed by rule operations in a 
spectrum band; or
(ii) otherwise improve spectrum utili-
zation and intensity of use of bands where 
unlicensed or licensed by rule operations 
are already permitted; 
(C) will not cause harmful interference to 
Federal or non-Federal users of such bands; 
and 
(D) will not significantly impact homeland 
security or national security communications 
systems; and 
(3) examine additional ways, with respect to ex-
isting and planned databases or spectrum access sys-
tems designed to promote spectrum sharing and ac-
cess to spectrum for unlicensed or licensed by rule 
operations— 
(A) to improve accuracy and efficacy; 
(B) to reduce burdens on consumers, man-
ufacturers, and service providers; and 
(C) to protect sensitive Government infor-
mation. 
(d) SPECTRUM RELOCATION FUND.—To be included 
as an appendix as part of the plan developed under this 
section, the NTIA, in consultation with the Director of 
the Office of Management and Budget, shall share with
the Commission recommendations about how to reform 
the Spectrum Relocation Fund— 
(1) to address costs incurred by Federal entities 
related to sharing radio frequency bands with radio 
technologies conducting unlicensed or licensed by 
rule operations; and 
(2) to ensure the Spectrum Relocation Fund 
has sufficient funds to cover— 
(A) the costs described in paragraph (1); 
and 
(B) other expenditures allowed of the 
Spectrum Relocation Fund under section 118 of 
the National Telecommunications and Informa-
tion Administration Organization Act (47 
U.S.C. 928). 
(e) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this Act, the Commis-
sion shall submit to the appropriate committees of 
Congress a report that describes the plan developed 
under this section, including any recommendations 
for legislative change. 
(2) PUBLICATION ON COMMISSION WEBSITE.— 
Not later than the date on which the Commission 
submits the report under paragraph (1), the Com-
mission shall make the report publicly available on 
the website of the Commission. 
(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion confers any additional rights on unlicensed users or 
users licensed by rule under part 96 of title 47, Code of 
Federal Regulations, to protection from harmful inter-
ference. 
SEC. 715. SPECTRUM CHALLENGE PRIZE. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Spectrum Challenge Prize Act’’. 
(b) DEFINITION OF PRIZE COMPETITION.—In this 
section, the term ‘‘prize competition’’ means a prize com-
petition conducted by the Secretary under subsection 
(c)(1). 
(c) SPECTRUM CHALLENGE PRIZE.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Assistant Secretary of Commerce for 
Communications and Information and the Under 
Secretary of Commerce for Standards and Tech-
nology, shall, subject to the availability of funds for 
prize competitions under this section— 
(A) conduct prize competitions to dramati-
cally accelerate the development and commer-
cialization of technology that improves spectrum
efficiency and is capable of cost-effective deploy-
ment; and 
(B) define a measurable set of perform-
ance goals for participants in the prize competi-
tions to demonstrate their solutions on a level 
playing field while making a significant ad-
vancement over the current state of the art. 
(2) AUTHORITY OF SECRETARY.—In carrying 
out paragraph (1), the Secretary may— 
(A) enter into a grant, contract, coopera-
tive agreement, or other agreement with a pri-
vate sector for-profit or nonprofit entity to ad-
minister the prize competitions; 
(B) invite the Defense Advanced Research 
Projects Agency, the Commission, the National 
Aeronautics and Space Administration, the Na-
tional Science Foundation, or any other Federal 
agency to provide advice and assistance in the 
design or administration of the prize competi-
tions; and 
(C) award not more than $5,000,000, in 
the aggregate, to the winner or winners of the 
prize competitions. 
(d) CRITERIA.—Not later than 180 days after the 
date on which funds for prize competitions are made avail-
able pursuant to this section, the Commission shall publish 
a technical paper on spectrum efficiency providing criteria 
that may be used for the design of the prize competitions. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
SEC. 716. WIRELESS TELECOMMUNICATIONS TAX AND FEE 
COLLECTION FAIRNESS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Wireless Telecommunications Tax and Fee Collection 
Fairness Act’’. 
(b) DEFINITIONS.—In this section: 
(1) FINANCIAL TRANSACTION.—The term ‘‘fi-
nancial transaction’’ means a transaction in which 
the purchaser or user of a wireless telecommuni-
cations service upon whom a tax, fee, or surcharge 
is imposed gives cash, credit, or any other exchange 
of monetary value or consideration to the person 
who is required to collect or remit the tax, fee, or 
surcharge. 
(2) LOCAL JURISDICTION.—The term ‘‘local ju-
risdiction’’ means a political subdivision of a State. 
(3) STATE.—The term ‘‘State’’ means any of 
the several States, the District of Columbia, and any 
territory or possession of the United States.
(4) STATE OR LOCAL JURISDICTION.—The term 
‘‘State or local jurisdiction’’ includes any govern-
mental entity or person acting on behalf of a State 
or local jurisdiction that has the authority to assess, 
impose, levy, or collect taxes or fees. 
(5) WIRELESS
TELECOMMUNICATIONS
SERV-
ICE.—The term ‘‘wireless telecommunications serv-
ice’’ means a commercial mobile radio service, as de-
fined in section 20.3 of title 47, Code of Federal 
Regulations, or any successor thereto. 
(c) FINANCIAL TRANSACTION REQUIREMENT.— 
(1) IN GENERAL.—A State, or a local jurisdic-
tion of a State, may not require a person who is nei-
ther a resident of such State or local jurisdiction nor 
an entity having its principal place of business in 
such State or local jurisdiction to collect from, or 
remit on behalf of, any other person a State or local 
tax, fee, or surcharge imposed on a purchaser or 
user with respect to the purchase or use of any wire-
less telecommunications service within the State un-
less the collection or remittance is in connection with 
a financial transaction. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to affect the right of 
a State or local jurisdiction to require the collection
of any tax, fee, or surcharge in connection with a fi-
nancial transaction. 
(d) ENFORCEMENT.— 
(1) PRIVATE RIGHT OF ACTION.—Any person 
aggrieved by a violation of subsection (c) may bring 
a civil action in an appropriate district court of the 
United States for equitable relief in accordance with 
paragraph (2) of this subsection. 
(2) JURISDICTION OF DISTRICT COURTS.—Not-
withstanding section 1341 of title 28, United States 
Code, or the constitution or laws of any State, the 
district courts of the United States shall have juris-
diction, without regard to the amount in controversy 
or citizenship of the parties, to grant such manda-
tory or prohibitive injunctive relief, interim equitable 
relief, and declaratory judgments as may be nec-
essary to prevent, restrain, or terminate any acts in 
violation of subsection (c). 
SEC. 717. RULES OF CONSTRUCTION. 
(a) RANGES OF FREQUENCIES.—Each range of fre-
quencies described in this title shall be construed to be 
inclusive of the upper and lower frequencies in the range. 
(b) ASSESSMENT OF ELECTROMAGNETIC SPECTRUM 
REALLOCATION.—Nothing in this title shall be construed 
to affect any requirement under section 156 of the Na-
tional Telecommunications and Information Administra-
tion Organization Act (47 U.S.C. 921 note), as added by 
section 1062(a) of the National Defense Authorization Act 
for Fiscal Year 2000. 
SEC. 718. RELATIONSHIP TO MIDDLE CLASS TAX RELIEF 
AND JOB CREATION ACT OF 2012. 
Nothing in this title shall be construed to limit, re-
strict, or circumvent in any way the implementation of the 
nationwide public safety broadband network defined in 
section 6001 of title VI of the Middle Class Tax Relief 
and Job Creation Act of 2012 (47 U.S.C. 1401) or any 
rules implementing that network under title VI of that Act 
(47 U.S.C. 1401 et seq.). 
SEC. 719. NO ADDITIONAL FUNDS AUTHORIZED. 
No additional funds are authorized to be appro-
priated to carry out this title, or the amendment made 
by this title. This title, and the amendment made by this 
title, shall be carried out using amounts otherwise author-
ized. 
Passed the House of Representatives March 6, 
2018. 
Attest: 
Clerk.
115TH CONGRESS 
2D SESSION 
H. R. 4986 
AN ACT 
To amend the Communications Act of 1934 to re-
authorize appropriations for the Federal Commu-
nications Commission, and for other purposes.