HR 2482 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 2482CommentsClose CommentsPermalink

To establish the sense of Congress that Congress should enact, and the President should sign, bipartisan legislation to strengthen public safety and to enhance wireless communications, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

July 11, 2011CommentsClose CommentsPermalink

Mr. DINGELL (for himself and Mr. GENE GREEN of Texas) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Science, Space, and Technology and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To establish the sense of Congress that Congress should enact, and the President should sign, bipartisan legislation to strengthen public safety and to enhance wireless communications, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Public Safety Spectrum and Wireless Innovation Act’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Definitions.CommentsClose CommentsPermalink

TITLE I--REALLOCATION OF PUBLIC SAFETY SPECTRUM

Sec. 101. Reallocation of D block to public safety.CommentsClose CommentsPermalink





Sec. 102. Flexible use of narrowband spectrum.CommentsClose CommentsPermalink

TITLE II--GOVERNANCE OF PUBLIC SAFETY SPECTRUM

Subtitle A--Public Safety Broadband Corporation

Sec. 201. Single public safety wireless network licensee.CommentsClose CommentsPermalink





Sec. 202. Establishment of Public Safety Broadband Corporation.CommentsClose CommentsPermalink





Sec. 203. Board of Directors of the Corporation.CommentsClose CommentsPermalink





Sec. 204. Officers, employees, and committees of the Corporation.CommentsClose CommentsPermalink





Sec. 205. Nonprofit and nonpolitical nature of the Corporation.CommentsClose CommentsPermalink





Sec. 206. Powers, duties, and responsibilities of the Corporation.CommentsClose CommentsPermalink





Sec. 207. Initial funding for the Corporation.CommentsClose CommentsPermalink





Sec. 208. Permanent self-funding; duty to assess and collect fees for network use.CommentsClose CommentsPermalink





Sec. 209. Audit and report.CommentsClose CommentsPermalink





Sec. 210. Annual report to Congress.CommentsClose CommentsPermalink





Sec. 211. Public safety roaming and priority access.CommentsClose CommentsPermalink





Sec. 212. Transitional analysis of public safety network attributes.CommentsClose CommentsPermalink





Sec. 213. Prohibition on direct offering of commercial telecommunications service directly to consumers.CommentsClose CommentsPermalink





Sec. 214. Provision of technical assistance.CommentsClose CommentsPermalink

Subtitle B--Public Safety Commitments

Sec. 221. State and Local Implementation Fund.CommentsClose CommentsPermalink





Sec. 222. State and local implementation.CommentsClose CommentsPermalink





Sec. 223. Public safety wireless communications research and development.CommentsClose CommentsPermalink





Sec. 224. Advanced information and communications technology research.CommentsClose CommentsPermalink

TITLE III--SPECTRUM AUCTION AUTHORITY

Sec. 301. Extension of auction authority.CommentsClose CommentsPermalink





Sec. 302. Auction of spectrum.CommentsClose CommentsPermalink





Sec. 303. Incentive auction authority.CommentsClose CommentsPermalink





Sec. 304. Efficient use of public safety spectrum.CommentsClose CommentsPermalink





Sec. 305. Report on satellite broadband.CommentsClose CommentsPermalink





Sec. 306. Federal infrastructure sharing.CommentsClose CommentsPermalink





Sec. 307. Report on unlicensed spectrum.CommentsClose CommentsPermalink

TITLE IV--PUBLIC SAFETY TRUST FUND

Sec. 401. Public Safety Trust Fund.CommentsClose CommentsPermalink

TITLE V--SPECTRUM POLICY

Subtitle A--Inventory and Planning

Sec. 501. Radio spectrum inventory.CommentsClose CommentsPermalink





Sec. 502. Federal spectrum planning.CommentsClose CommentsPermalink

Subtitle B--Markets

Sec. 511. Promoting secondary spectrum markets.CommentsClose CommentsPermalink





Sec. 512. Unlicensed use in 5 GHz.CommentsClose CommentsPermalink





Sec. 513. Experimental licenses.CommentsClose CommentsPermalink





Sec. 514. Repurposing Federal spectrum for commercial purposes and Federal spectrum sharing.CommentsClose CommentsPermalink





Sec. 515. Report on spectrum sharing.CommentsClose CommentsPermalink

Subtitle C--Efficiency and Management

Sec. 521. Functional responsibility of the NTIA to ensure efficient use of spectrum.CommentsClose CommentsPermalink





Sec. 522. Spectrum efficiency analytic tools.CommentsClose CommentsPermalink





Sec. 523. Study on receiver performance and spectrum efficiency.CommentsClose CommentsPermalink





Sec. 524. Frequency assignment.CommentsClose CommentsPermalink





Sec. 525. Spectrum opportunity cost transparency.CommentsClose CommentsPermalink





Sec. 526. System certification.CommentsClose CommentsPermalink





Sec. 527. Report to Congress on improving spectrum management.CommentsClose CommentsPermalink





Sec. 528. Wireless facilities deployment.CommentsClose CommentsPermalink

TITLE VI--STUDIES ON NEXT GENERATION 9-1-1 SERVICES

Sec. 601. Definitions.CommentsClose CommentsPermalink





Sec. 602. NHTSA report on costs for requirements and specifications of Next Generation 9-1-1 services.CommentsClose CommentsPermalink





Sec. 603. FCC recommendations for legal and statutory framework for Next Generation 9-1-1 services.CommentsClose CommentsPermalink

TITLE VII--MISCELLANEOUS

Sec. 701. Severability.CommentsClose CommentsPermalink





Sec. 702. Rule of construction.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act, the following definitions shall apply:CommentsClose CommentsPermalink





(1) 700 MHZ BAND- The term ‘700 MHz band’ means the portion of the electromagnetic spectrum between the frequencies from 698 megahertz to 806 megahertz.CommentsClose CommentsPermalink





(2) 700 MHZ D BLOCK SPECTRUM- The term ‘700 MHz D block spectrum’ means the portion of the electromagnetic spectrum between the frequencies from 758 megahertz to 763 megahertz and between the frequencies from 788 megahertz to 793 megahertz.CommentsClose CommentsPermalink





(3) APPROPRIATE COMMITTEES OF CONGRESS- Except as otherwise specifically provided, the term ‘appropriate committees of Congress’ means--CommentsClose CommentsPermalink





(A) the Committee on Commerce, Science, and Transportation of the Senate; andCommentsClose CommentsPermalink





(B) the Committee on Energy and Commerce of the House of Representatives.CommentsClose CommentsPermalink





(4) ASSISTANT SECRETARY- The term ‘Assistant Secretary’ means the Assistant Secretary of Commerce for Communications and Information.CommentsClose CommentsPermalink





(5) COMMISSION- The term ‘Commission’ means the Federal Communications Commission.CommentsClose CommentsPermalink





(6) CORPORATION- The term ‘Corporation’ means the Public Safety Broadband Corporation established under subtitle A of title II.CommentsClose CommentsPermalink





(7) EXISTING PUBLIC SAFETY BROADBAND SPECTRUM- The term ‘existing public safety broadband spectrum’ means the portion of the electromagnetic spectrum between the frequencies--CommentsClose CommentsPermalink





(A) from 763 megahertz to 768 megahertz;CommentsClose CommentsPermalink





(B) from 793 megahertz to 798 megahertz;CommentsClose CommentsPermalink





(C) from 768 megahertz to 769 megahertz; andCommentsClose CommentsPermalink





(D) from 798 megahertz to 799 megahertz.CommentsClose CommentsPermalink





(8) FEDERAL ENTITY- The term ‘Federal entity’ has the same meaning as in section 113(i) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(i)).CommentsClose CommentsPermalink





(9) 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 megahertz.CommentsClose CommentsPermalink





(10) NIST- The term ‘NIST’ means the National Institute of Standards and Technology.CommentsClose CommentsPermalink





(11) NTIA- The term ‘NTIA’ means the National Telecommunications and Information Administration.CommentsClose CommentsPermalink





(12) PUBLIC SAFETY ENTITY- The term ‘public safety entity’ means an entity that provides public safety services.CommentsClose CommentsPermalink





(13) PUBLIC SAFETY SERVICES- The term ‘public safety services’--CommentsClose CommentsPermalink





(A) has the meaning given the term in section 337(f) of the Communications Act of 1934 (47 U.S.C. 337(f)); andCommentsClose CommentsPermalink





(B) includes services provided by emergency response providers, as that term is defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).CommentsClose CommentsPermalink

TITLE I--REALLOCATION OF PUBLIC SAFETY SPECTRUMCommentsClose CommentsPermalink

SEC. 101. REALLOCATION OF D BLOCK TO PUBLIC SAFETY.

(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.CommentsClose CommentsPermalink





(b) Spectrum Allocation- Section 337(a) of the Communications Act of 1934 (47 U.S.C. 337(a)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘24’ in paragraph (1) and inserting ‘34’; andCommentsClose CommentsPermalink





(2) by striking ‘36’ in paragraph (2) and inserting ‘26’.CommentsClose CommentsPermalink

SEC. 102. FLEXIBLE USE OF NARROWBAND SPECTRUM.

The Commission may allow the narrowband spectrum to be used in a flexible manner, including usage for public safety broadband communications, subject to such technical and interference protection measures as the Commission may require.CommentsClose CommentsPermalink

TITLE II--GOVERNANCE OF PUBLIC SAFETY SPECTRUMCommentsClose CommentsPermalink

Subtitle A--Public Safety Broadband CorporationCommentsClose CommentsPermalink

SEC. 201. SINGLE PUBLIC SAFETY WIRELESS NETWORK LICENSEE.

(a) Reallocation and Grant of License- Notwithstanding any other provision of law, and subject to the provisions of this Act, the Commission shall reallocate and grant a license to the Public Safety Broadband Corporation established under section 202 for the use of the 700 MHz D block spectrum and existing public safety broadband spectrum.CommentsClose CommentsPermalink





(b) Term of License-CommentsClose CommentsPermalink





(1) INITIAL LICENSE- The license granted under subsection (a) shall be for an initial term of 10 years from the date of the initial issuance of the license.CommentsClose CommentsPermalink





(2) RENEWAL OF LICENSE- Prior to expiration of the term of the initial license granted under subsection (a) or the expiration of any subsequent renewal of such license, the Corporation shall submit to the Commission an application for the renewal of such license. Such renewal application shall demonstrate that, during the preceding license term, the Corporation has met the duties and obligations set forth under this Act. A renewal license granted under this paragraph shall be for a term of not to exceed 10 years.CommentsClose CommentsPermalink





(c) Facilitation of Transition- The Commission shall take all actions necessary to facilitate the transition of the existing public safety broadband spectrum to the Public Safety Broadband Corporation established under section 202.CommentsClose CommentsPermalink

SEC. 202. ESTABLISHMENT OF PUBLIC SAFETY BROADBAND CORPORATION.

(a) Establishment- There is authorized to be established a private, nonprofit corporation, to be known as the ‘Public Safety Broadband Corporation’, which is neither an agency nor establishment of the United States Government or the District of Columbia Government.CommentsClose CommentsPermalink





(b) Application of Provisions- The Corporation shall be subject to the provisions of this Act, and, to the extent consistent with this Act, to the District of Columbia Nonprofit Corporation Act (sec. 29-301.01 et seq., D.C. Official Code).CommentsClose CommentsPermalink





(c) Residence- The Corporation shall have its place of business in the District of Columbia and shall be considered, for purposes of venue in civil actions, to be a resident of the District of Columbia.CommentsClose CommentsPermalink





(d) Powers Under DC Act- In order to carry out the duties and activities of the Corporation, the Corporation shall have the usual powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act.CommentsClose CommentsPermalink





(e) Incorporation- The members of the initial Board of Directors of the Corporation shall serve as incorporators and shall take whatever steps that are necessary to establish the Corporation under the District of Columbia Nonprofit Corporation Act.CommentsClose CommentsPermalink

SEC. 203. BOARD OF DIRECTORS OF THE CORPORATION.

(a) Membership- The management of the Corporation shall be vested in a Board of Directors (referred to in this subtitle as the ‘Board’), which shall consist of the following members:CommentsClose CommentsPermalink





(1) FEDERAL MEMBERS- The following individuals, or their respective designees, shall serve as Federal members:CommentsClose CommentsPermalink





(A) The Secretary of Commerce.CommentsClose CommentsPermalink





(B) The Secretary of Homeland Security.CommentsClose CommentsPermalink





(C) The Attorney General of the United States.CommentsClose CommentsPermalink





(D) The Director of the Office of Management and Budget.CommentsClose CommentsPermalink





(2) NON-FEDERAL MEMBERS-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary of Commerce shall appoint 11 individuals to serve as non-Federal members of the Board.CommentsClose CommentsPermalink





(B) STATE AND LOCAL INTERESTS TO BE REPRESENTED- In making appointments under subparagraph (A), the Secretary of Commerce, in consultation with the Secretary of Homeland Security and the Attorney General of the United States, should--CommentsClose CommentsPermalink





(i) appoint at least 3 individuals to represent the collective interests of the States, localities, tribes, and territories;CommentsClose CommentsPermalink





(ii) seek to ensure geographic and regional representation of the United States in such appointments; andCommentsClose CommentsPermalink





(iii) seek to ensure rural and urban representation in such appointments.CommentsClose CommentsPermalink





(C) PUBLIC SAFETY INTERESTS TO BE REPRESENTED- In making appointments under subparagraph (A), the Secretary of Commerce should appoint at least 3 individuals who have served or are currently serving as public safety professionals.CommentsClose CommentsPermalink





(D) REQUIRED QUALIFICATIONS-CommentsClose CommentsPermalink





(i) IN GENERAL- Each non-Federal member appointed under subparagraph (A) should meet at least 1 of the following criteria:CommentsClose CommentsPermalink





(I) PUBLIC SAFETY EXPERIENCE- Knowledge and experience in the use of Federal, State, local, or tribal public safety or emergency response.CommentsClose CommentsPermalink





(II) TECHNICAL EXPERTISE- Technical expertise and fluency regarding broadband communications, including public safety communications.CommentsClose CommentsPermalink





(III) NETWORK EXPERTISE- Expertise in building, deploying, and operating commercial telecommunications networks.CommentsClose CommentsPermalink





(IV) FINANCIAL EXPERTISE- Expertise in financing and funding telecommunications networks.CommentsClose CommentsPermalink





(ii) EXPERTISE TO BE REPRESENTED- In making appointments under subparagraph (A), the Secretary of Commerce shall appoint--CommentsClose CommentsPermalink





(I) at least one individual who satisfies the requirement under subclause (II) of clause (i);CommentsClose CommentsPermalink





(II) at least one individual who satisfies the requirement under subclause (III) of clause (i); andCommentsClose CommentsPermalink





(III) at least one individual who satisfies the requirement under subclause (IV) of clause (i).CommentsClose CommentsPermalink





(E) INDEPENDENCE-CommentsClose CommentsPermalink





(i) IN GENERAL- Each non-Federal member of the Board shall be independent and neutral.CommentsClose CommentsPermalink





(ii) INDEPENDENCE DETERMINATION- In order to be considered independent for purposes of this subparagraph, a member of the Board--CommentsClose CommentsPermalink





(I) may not, other than in his or her capacity as a member of the Board or any committee thereof--CommentsClose CommentsPermalink

(aa) accept any consulting, advisory, or other compensatory fee from the Corporation; orCommentsClose CommentsPermalink

(bb) be a person associated with the Corporation or with any affiliated company thereof; andCommentsClose CommentsPermalink

(II) shall be disqualified from any deliberation involving any transaction of the Corporation in which the Board member has a financial interest in the outcome of the transaction.CommentsClose CommentsPermalink





(F) NOT OFFICERS OR EMPLOYEES- The non-Federal members of the Board shall not, by reason of such membership, be considered to be officers or employees of the United States Government or of the District of Columbia Government.CommentsClose CommentsPermalink





(G) CITIZENSHIP- No individual other than a citizen of the United States may serve as a non-Federal member of the Board.CommentsClose CommentsPermalink





(b) Terms of Appointment-CommentsClose CommentsPermalink





(1) INITIAL APPOINTMENT DEADLINE- Members of the Board shall be appointed not later than 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) TERMS-CommentsClose CommentsPermalink





(A) LENGTH-CommentsClose CommentsPermalink





(i) FEDERAL MEMBERS- Each Federal member of the Board shall serve as a member of the Board for the life of the Corporation.CommentsClose CommentsPermalink





(ii) NON-FEDERAL MEMBERS- The term of office of each non-Federal member of the Board shall be 3 years. No non-Federal member of the Board may serve more than 2 consecutive full 3-year terms.CommentsClose CommentsPermalink





(B) EXPIRATION OF TERM- Any member 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.CommentsClose CommentsPermalink





(C) APPOINTMENT TO FILL VACANCY- Any non-Federal member appointed to fill a vacancy occurring prior to the expiration of the term for which that member’s predecessor was appointed shall be appointed for the remainder of the predecessor’s term.CommentsClose CommentsPermalink





(D) STAGGERED TERMS- With respect to the initial non-Federal members of the Board--CommentsClose CommentsPermalink





(i) 4 members shall serve for a term of 3 years;CommentsClose CommentsPermalink





(ii) 4 members shall serve for a term of 2 years; andCommentsClose CommentsPermalink





(iii) 3 members shall serve for a term of 1 year.CommentsClose CommentsPermalink





(3) VACANCIES- A vacancy in the membership of the Board shall not affect the Board’s powers, and shall be filled in the same manner as the original member was appointed.CommentsClose CommentsPermalink





(c) Chair-CommentsClose CommentsPermalink





(1) SELECTION- The Secretary of Commerce shall select, from among the non-Federal members of the Board, an individual to serve for a 2-year term as Chair of the Board.CommentsClose CommentsPermalink





(2) CONSECUTIVE TERMS- An individual may not serve for more than 2 consecutive terms as Chair of the Board.CommentsClose CommentsPermalink





(3) REMOVAL FOR CAUSE- The Secretary of Commerce may remove the Chair of the Board and any non-Federal member for good cause.CommentsClose CommentsPermalink





(d) Removal- All members of the Board may by majority vote--CommentsClose CommentsPermalink





(1) remove any non-Federal member of the Board from office for conduct determined by the Board to be detrimental to the Board or Corporation; andCommentsClose CommentsPermalink





(2) request that the Secretary of Commerce exercise his or her authority to remove the Chair of the Board for conduct determined by the Board to be detrimental to the Board or Corporation.CommentsClose CommentsPermalink





(e) Meetings-CommentsClose CommentsPermalink





(1) FREQUENCY- The Board shall meet in accordance with the bylaws of the Corporation--CommentsClose CommentsPermalink





(A) at the call of the Chairperson; andCommentsClose CommentsPermalink





(B) not less frequently than once each quarter.CommentsClose CommentsPermalink





(2) TRANSPARENCY- Meetings of the Board, including any committee of the Board, shall be open to the public. The Board may, by majority vote, close any such meeting only for the time necessary to preserve the confidentiality of commercial or financial information that is privileged or confidential, to discuss personnel matters, or to discuss legal matters affecting the Corporation, including pending or potential litigation.CommentsClose CommentsPermalink





(f) Quorum- Eight members of the Board shall constitute a quorum, including at least 6 non-Federal members of the Board.CommentsClose CommentsPermalink





(g) Bylaws- A majority of the members of the Board of Directors may amend the bylaws of the Corporation.CommentsClose CommentsPermalink





(h) Attendance- Members of the Board of Directors may attend meetings of the Corporation and vote in person, via telephone conference, or via video conference.CommentsClose CommentsPermalink





(i) Prohibition on Compensation- A member of the Board of the Corporation shall serve without pay, and shall not otherwise benefit, directly or indirectly, as a result of their service to the Corporation, but shall be allowed a per diem allowance for travel expenses, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Corporation.CommentsClose CommentsPermalink

SEC. 204. OFFICERS, EMPLOYEES, AND COMMITTEES OF THE CORPORATION.

(a) Officers and Employees-CommentsClose CommentsPermalink





(1) IN GENERAL- The Corporation shall have a Chief Executive Officer, and such other officers and employees as may be named and appointed by the Board for terms and at rates of compensation fixed by the Board pursuant to this subsection. The Chief Executive Officer may name and appoint such employees as are necessary. All officers and employees shall serve at the pleasure of the Board.CommentsClose CommentsPermalink





(2) LIMITATION- No individual other than a citizen of the United States may be an officer of the Corporation.CommentsClose CommentsPermalink





(3) NONPOLITICAL NATURE OF APPOINTMENT- No political test or qualification shall be used in selecting, appointing, promoting, or taking other personnel actions with respect to officers, agents, or employees of the Corporation.CommentsClose CommentsPermalink





(4) COMPENSATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The Board may hire and fix the compensation of employees hired under this subsection as may be necessary to carry out the purposes of the Corporation.CommentsClose CommentsPermalink





(B) APPROVAL OF COMPENSATION BY FEDERAL MEMBERS- Notwithstanding any other provision of law, or any bylaw adopted by the Corporation, all rates of compensation, including benefit plans and salary ranges, for officers and employees of the Board, shall be jointly approved by the Federal members of the Board.CommentsClose CommentsPermalink





(C) LIMITATION ON OTHER COMPENSATION- No officer or employee of the Corporation may receive any salary or other compensation (except for compensation for services 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 organizations) from any sources other than the Corporation for services rendered during the period of the employment of the officer or employee by the Corporation.CommentsClose CommentsPermalink





(5) SERVICE ON OTHER BOARDS- Service by any officer on boards of directors of other organizations, on committees of such boards, and in similar activities for such organizations shall be subject to annual advance approval by the Board and subject to the provisions of the Corporation’s Statement of Ethical Conduct.CommentsClose CommentsPermalink





(6) RULE OF CONSTRUCTION- No officer or employee of the Board or of the Corporation shall be considered to be an officer or employee of the United States Government or of the government of the District of Columbia.CommentsClose CommentsPermalink





(b) Advisory Committees- The Board--CommentsClose CommentsPermalink





(1) shall establish a standing public safety advisory committee to assist the Board in carrying out its duties and responsibilities under this subtitle; andCommentsClose CommentsPermalink





(2) may establish additional standing or ad hoc committees, panels, or councils as the Board determines are necessary.CommentsClose CommentsPermalink





(c) Selection of Agents, Consultants, and Experts-CommentsClose CommentsPermalink





(1) IN GENERAL- The Board shall select parties to serve as its agents, consultants, or experts in a fair, transparent, and objective manner.CommentsClose CommentsPermalink





(2) BINDING AND FINAL- If the selection of an agent, consultant, or expert satisfies the requirements under paragraph (1), the selection of that agent, consultant, or expert shall be final and binding.CommentsClose CommentsPermalink

SEC. 205. NONPROFIT AND NONPOLITICAL NATURE OF THE CORPORATION.

(a) Stock- The Corporation shall have no power to issue any shares of stock, or to declare or pay any dividends.CommentsClose CommentsPermalink





(b) 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.CommentsClose CommentsPermalink





(c) Politics- The Corporation may not contribute to or otherwise support any political party or candidate for elective public office.CommentsClose CommentsPermalink





(d) Prohibition on Lobbying Activities- The Corporation shall not engage in lobbying activities (as defined in section 3(7) of the Lobbying Disclosure Act of 1995 (5 U.S.C. 1602(7))).CommentsClose CommentsPermalink

SEC. 206. POWERS, DUTIES, AND RESPONSIBILITIES OF THE CORPORATION.

(a) General Powers- The Corporation shall have the authority to do the following:CommentsClose CommentsPermalink





(1) To adopt and use a corporate seal.CommentsClose CommentsPermalink





(2) To have succession until dissolved by an Act of Congress.CommentsClose CommentsPermalink





(3) To prescribe, through the actions of its Board, bylaws not inconsistent with Federal law and the laws of the District of Columbia, regulating the manner in which the Corporation’s general business may be conducted and the manner in which the privileges granted to the Corporation by law may be exercised.CommentsClose CommentsPermalink





(4) To exercise, through the actions of its Board, all powers specifically granted by the provisions of this subtitle, and such incidental powers as shall be necessary.CommentsClose CommentsPermalink





(5) To hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Corporation considers necessary to carry out its responsibilities and duties.CommentsClose CommentsPermalink





(6) To obtain grants and funds from and make contracts with individuals, private companies, organizations, institutions, and Federal, State, regional, and local agencies.CommentsClose CommentsPermalink





(7) To accept, hold, administer, and utilize gifts, donations, and bequests of property, both real and personal, for the purposes of aiding or facilitating the work of the Corporation.CommentsClose CommentsPermalink





(8) To issue notes or bonds to purchasers of such instruments in the private capital markets.CommentsClose CommentsPermalink





(9) To incur indebtedness to carry out the purposes of this subtitle.CommentsClose CommentsPermalink





(10) To spend funds under paragraph (6) in a manner authorized by the Board, but only for purposes that will advance or enhance public safety communications consistent with this Act.CommentsClose CommentsPermalink





(11) 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.CommentsClose CommentsPermalink





(12) To expend the funds placed in any reserve accounts established under paragraph (11) (including interest earned on any such amounts) in a manner authorized by the Board, but only for purposes that--CommentsClose CommentsPermalink





(A) will advance or enhance public safety communications consistent with this Act; orCommentsClose CommentsPermalink





(B) are otherwise approved by an Act of Congress.CommentsClose CommentsPermalink





(13) To take such other actions as the Corporation (through its Board) may from time to time determine necessary, appropriate, or advisable to accomplish the purposes of this subtitle.CommentsClose CommentsPermalink





(b) Duty and Responsibility To Deploy and Operate a Nationwide Public Safety Interoperable Broadband Network-CommentsClose CommentsPermalink





(1) IN GENERAL- The Corporation shall hold the single public safety wireless license granted under section 201 and take all actions necessary to ensure the building, deployment, and operation of a nationwide public safety interoperable broadband network in consultation with Federal, State, tribal, and local public safety entities, the Director of NIST, the Commission, and the public safety advisory committee established in section 204(b)(1), including by, at a minimum--CommentsClose CommentsPermalink





(A) ensuring nationwide standards for use and access of the network;CommentsClose CommentsPermalink





(B) issuing open, transparent, and competitive requests for proposals to private sector entities for the purposes of building, operating, and maintaining the network;CommentsClose CommentsPermalink





(C) encouraging that such requests leverage, to the maximum extent economically desirable, existing commercial wireless infrastructure to speed deployment of the network; andCommentsClose CommentsPermalink





(D) managing and overseeing the implementation and execution of contracts or agreements with non-Federal entities to build, operate, and maintain the network.CommentsClose CommentsPermalink





(2) INTEROPERABILITY- In carrying out the duties and responsibilities of this subsection, including issuing requests for proposals, the Corporation shall--CommentsClose CommentsPermalink





(A) ensure the safety, security, and resiliency of the network, including requirements for protecting and monitoring the network to protect against cyberattack;CommentsClose CommentsPermalink





(B) promote competition in the equipment market, including devices for public safety communications, by requiring that equipment for use on the network be--CommentsClose CommentsPermalink





(i) built to open, non-proprietary, commercially available standards;CommentsClose CommentsPermalink





(ii) capable of being used by any public safety entity and by multiple vendors across all public safety broadband networks operating in the 700 MHz band; andCommentsClose CommentsPermalink





(iii) backward-compatible with existing second and third generation commercial networks to the extent that such capabilities are necessary and technically and economically reasonable; andCommentsClose CommentsPermalink





(C) promote integration of the network with public safety answering points or their equivalent.CommentsClose CommentsPermalink





(3) RURAL COVERAGE- In carrying out the duties and responsibilities of this subsection, including issuing requests for proposals, the Corporation, consistent with the license granted under section 201, shall require deployment phases with substantial rural coverage milestones as part of each phase of the construction and deployment of the network. To the maximum extent economically desirable, such proposals shall include partnerships with existing commercial mobile providers to utilize cost-effective opportunities to speed deployment in rural areas.CommentsClose CommentsPermalink





(4) EXECUTION OF AUTHORITY- In carrying out the duties and responsibilities of this subsection, the Corporation may--CommentsClose CommentsPermalink





(A) obtain grants from and make contracts with individuals, private companies, and Federal, State, regional, and local agencies;CommentsClose CommentsPermalink





(B) hire or accept voluntary services of consultants, experts, advisory boards, and panels to aid the Corporation in carrying out such duties and responsibilities;CommentsClose CommentsPermalink





(C) receive payment for use of--CommentsClose CommentsPermalink





(i) network capacity licensed to the Corporation; andCommentsClose CommentsPermalink





(ii) network infrastructure constructed, owned, or operated by the Corporation; andCommentsClose CommentsPermalink





(D) take such other actions as may be necessary to accomplish the purposes set forth in this subsection.CommentsClose CommentsPermalink





(c) Other Specific Duties and Responsibilities-CommentsClose CommentsPermalink





(1) ESTABLISHMENT OF NETWORK POLICIES- In carrying out the requirements under subsection (b), the Corporation shall develop--CommentsClose CommentsPermalink





(A) requests for proposals with appropriate--CommentsClose CommentsPermalink





(i) timetables for construction, including by taking into consideration the time needed to build out to rural areas and the advantages offered through partnerships with existing commercial providers under paragraph (3);CommentsClose CommentsPermalink





(ii) coverage areas, including coverage in rural and nonurban areas;CommentsClose CommentsPermalink





(iii) service levels;CommentsClose CommentsPermalink





(iv) performance criteria; andCommentsClose CommentsPermalink





(v) other similar matters for the construction and deployment of such network;CommentsClose CommentsPermalink





(B) the technical and operational requirements of the network;CommentsClose CommentsPermalink





(C) practices, procedures, and standards for the management and operation of such network;CommentsClose CommentsPermalink





(D) terms of service for the use of such network, including billing practices; andCommentsClose CommentsPermalink





(E) ongoing compliance review and monitoring of the--CommentsClose CommentsPermalink





(i) management and operation of such network;CommentsClose CommentsPermalink





(ii) practices and procedures of the entities operating on and the personnel using such network; andCommentsClose CommentsPermalink





(iii) necessary training needs of network operators and users.CommentsClose CommentsPermalink





(2) STATE AND LOCAL PLANNING-CommentsClose CommentsPermalink





(A) REQUIRED CONSULTATION- In developing requests for proposals and otherwise carrying out its responsibilities under this Act, the Corporation shall consult with regional, State, tribal, and local jurisdictions regarding the distribution and expenditure of any amounts required to carry out the policies established under paragraph (1), including with regard to the--CommentsClose CommentsPermalink





(i) construction of an Evolved Packet Core and any Radio Access Network build out;CommentsClose CommentsPermalink





(ii) placement of towers;CommentsClose CommentsPermalink





(iii) coverage areas of the network, whether at the regional, State, tribal, or local level;CommentsClose CommentsPermalink





(iv) adequacy of hardening, security, reliability, and resiliency requirements;CommentsClose CommentsPermalink





(v) assignment of priority to local users;CommentsClose CommentsPermalink





(vi) assignment of priority and selection of entities seeking access to or use of the nationwide public safety interoperable broadband network established under subsection (b); andCommentsClose CommentsPermalink





(vii) training needs of local users.CommentsClose CommentsPermalink





(B) METHOD OF CONSULTATION- The consultation required under subparagraph (A) shall occur between the Corporation and the single officer or governmental body designated under section 222(d).CommentsClose CommentsPermalink





(3) LEVERAGING EXISTING INFRASTRUCTURE- In carrying out the requirement under subsection (b), the Corporation shall enter into agreements to utilize, to the maximum extent economically desirable, existing--CommentsClose CommentsPermalink





(A) commercial or other communications infrastructure; andCommentsClose CommentsPermalink





(B) Federal, State, tribal, or local infrastructure.CommentsClose CommentsPermalink





(4) MAINTENANCE AND UPGRADES- The Corporation shall ensure the maintenance, operation, and improvement of the nationwide public safety interoperable broadband network established under subsection (b), including by ensuring that the Corporation updates and revises any policies established under paragraph (1) to take into account new and evolving technologies.CommentsClose CommentsPermalink





(5) ROAMING AGREEMENTS- The Corporation shall negotiate and enter into, as it determines appropriate, roaming agreements with commercial network providers to allow the nationwide public safety interoperable broadband network to roam onto commercial networks and gain prioritization of public safety communications over such networks in times of an emergency.CommentsClose CommentsPermalink





(6) NETWORK INFRASTRUCTURE AND DEVICE CRITERIA- The Director of NIST, in consultation with the Corporation and the Commission, shall ensure the development of a list of certified devices and components meeting appropriate protocols and standards for public safety entities and commercial vendors to adhere to, if such entities or vendors seek to have access to, use of, or compatibility with the nationwide public safety interoperable broadband network established under subsection (b).CommentsClose CommentsPermalink





(7) REPRESENTATION BEFORE STANDARD SETTING ENTITIES- The Director of NIST, in consultation with the Corporation, the Commission, and the public safety advisory committee established under section 204(b)(1), shall represent the interests of public safety users of the nationwide public safety interoperable broadband network established under subsection (b) before any proceeding, negotiation, or other matter in which a standards organization, standards body, standards development organization, or any other recognized standards-setting entity regarding the development of standards relating to interoperability.CommentsClose CommentsPermalink





(8) PROHIBITION ON NEGOTIATION WITH FOREIGN GOVERNMENTS- The Corporation shall not have the authority to negotiate or enter into any agreements with a foreign government on behalf of the United States.CommentsClose CommentsPermalink





(d) Use of Mails- The Corporation may use the United States mails in the same manner and under the same conditions as the departments and agencies of the United States.CommentsClose CommentsPermalink

SEC. 207. INITIAL FUNDING FOR THE CORPORATION.

(a) NTIA Loans to the Corporation-CommentsClose CommentsPermalink





(1) IN GENERAL- Prior to the commencement of incentive auctions to be carried out under section 309(j)(8)(F) of the Communications Act of 1934 or the auction of spectrum pursuant to section 302, the NTIA is authorized to make loans to the Corporation.CommentsClose CommentsPermalink





(2) CONDITION OF LOANS- At the time of application for, and as a condition to, any such loan, the Corporation shall file with the NTIA a statement with respect to the anticipated use of the proceeds of the loan.CommentsClose CommentsPermalink





(3) NTIA APPROVAL- If the NTIA determines that such loan is necessary for the Corporation to carry out its duties and responsibilities under this subtitle and that the Corporation has submitted a plan which provides as reasonable an assurance of prompt repayment as may be feasible under the circumstances, then the NTIA shall so certify to the Secretary of the Treasury, and issue notes or other obligations to the Secretary of the Treasury pursuant to subsection (b).CommentsClose CommentsPermalink





(b) NTIA Notes Issued to Treasury-CommentsClose CommentsPermalink





(1) IN GENERAL- To enable the NTIA to make loans under subsection (a), the NTIA is authorized to issue to the Secretary of the Treasury notes or other obligations, in such forms and denominations, bearing such maturities, and subject to such terms and conditions, as may be prescribed by the Secretary of the Treasury.CommentsClose CommentsPermalink





(2) INTEREST ON NOTES-CommentsClose CommentsPermalink





(A) ESTABLISHMENT- Any notes or other obligations issued pursuant to paragraph (1) shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations.CommentsClose CommentsPermalink





(B) REDUCTION- The Secretary of the Treasury may reduce the interest rate set forth under subparagraph (A) if he determines such reduction to be in the national interest.CommentsClose CommentsPermalink





(3) AUTHORITY OF THE TREASURY TO SELL NOTES- The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this subsection. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States.CommentsClose CommentsPermalink

SEC. 208. PERMANENT SELF-FUNDING; DUTY TO ASSESS AND COLLECT FEES FOR NETWORK USE.

(a) In General- The Corporation is authorized to assess and collect the following fees:CommentsClose CommentsPermalink





(1) NETWORK USER FEE- A user or subscription fee from each entity, including any public safety entity or secondary user, that seeks access to or use of the nationwide public safety interoperable broadband network established under this subtitle.CommentsClose CommentsPermalink





(2) LEASE FEES RELATED TO NETWORK CAPACITY-CommentsClose CommentsPermalink





(A) IN GENERAL- A fee from any entity that seeks to enter into a covered leasing agreement.CommentsClose CommentsPermalink





(B) COVERED LEASING AGREEMENT- For purposes of subparagraph (A), a ‘covered leasing agreement’ means a written agreement between the Corporation and secondary user to permit--CommentsClose CommentsPermalink





(i) access to network capacity on a secondary basis for non-public safety services; andCommentsClose CommentsPermalink





(ii) the spectrum allocated to such entity to be used for commercial transmissions along the dark fiber of the long-haul network of such entity.CommentsClose CommentsPermalink





(3) LEASE FEES RELATED TO NETWORK EQUIPMENT AND INFRASTRUCTURE- A fee from any entity that seeks access to or use of any equipment or infrastructure, including antennas or towers, constructed or otherwise owned by the Corporation.CommentsClose CommentsPermalink





(b) Establishment of Fee Amounts; Permanent Self-Funding- The total amount of the fees assessed for each fiscal year pursuant to this section shall be sufficient, and shall not exceed the amount necessary, to recoup the total expenses of the Corporation in carrying out its duties and responsibilities described under this subtitle for the fiscal year involved.CommentsClose CommentsPermalink





(c) Required Reinvestment of Funds- The Corporation shall reinvest amounts received from the assessment of fees under this section in the nationwide public safety interoperable broadband network by using such funds only for constructing, maintaining, or improving the network.CommentsClose CommentsPermalink

SEC. 209. AUDIT AND REPORT.

(a) Audit-CommentsClose CommentsPermalink





(1) IN GENERAL- The financial transactions of the Corporation for any fiscal year during which Federal funds are available to finance any portion of its operations shall be audited by the Comptroller General of the United States annually in accordance with the principles and procedures applicable to commercial corporate transactions and under such rules and regulations as may be prescribed by the Comptroller General. Each audit conducted by the Comptroller General under this paragraph shall be made available to Congress.CommentsClose CommentsPermalink





(2) LOCATION- Any audit conducted under paragraph (1) shall be conducted at the place or places where accounts of the Corporation are normally kept.CommentsClose CommentsPermalink





(3) ACCESS TO CORPORATION BOOKS AND DOCUMENTS-CommentsClose CommentsPermalink





(A) IN GENERAL- For purposes of an audit conducted under paragraph (1), the representatives of the Comptroller General shall--CommentsClose CommentsPermalink





(i) have access to all books, accounts, records, reports, files, and all other papers, things, or property belonging to or in use by the Corporation that pertain to the financial transactions of the Corporation and are necessary to facilitate the audit; andCommentsClose CommentsPermalink





(ii) be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians.CommentsClose CommentsPermalink





(B) REQUIREMENT- All books, accounts, records, reports, files, papers, and property of the Corporation shall remain in the possession and custody of the Corporation.CommentsClose CommentsPermalink





(b) Report-CommentsClose CommentsPermalink





(1) IN GENERAL- The Comptroller General of the United States shall submit a report of each audit conducted under subsection (a) to--CommentsClose CommentsPermalink





(A) the appropriate committees of Congress;CommentsClose CommentsPermalink





(B) the President; andCommentsClose CommentsPermalink





(C) the Corporation.CommentsClose CommentsPermalink





(2) CONTENTS- Each report submitted under paragraph (1) shall contain--CommentsClose CommentsPermalink





(A) such comments and information as the Comptroller General determines necessary to inform Congress of the financial operations and condition of the Corporation;CommentsClose CommentsPermalink





(B) any recommendations of the Comptroller General relating to the financial operations and condition of the Corporation; andCommentsClose CommentsPermalink





(C) a description of any program, expenditure, 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 General, has been carried on or made without the authority of law.CommentsClose CommentsPermalink

SEC. 210. ANNUAL REPORT TO CONGRESS.

(a) In General- Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Corporation shall submit an annual report covering the preceding fiscal year to the appropriate committees of Congress.CommentsClose CommentsPermalink





(b) Required Content- The report required under subsection (a) shall include--CommentsClose CommentsPermalink





(1) a comprehensive and detailed report of the operations, activities, financial condition, and accomplishments of the Corporation under this section; andCommentsClose CommentsPermalink





(2) such recommendations or proposals for legislative or administrative action as the Corporation deems appropriate.CommentsClose CommentsPermalink





(c) Availability To Testify- The directors, officers, employees, and agents of the Corporation shall be available to testify before the appropriate committees of the Congress with respect to--CommentsClose CommentsPermalink





(1) the report required under subsection (a);CommentsClose CommentsPermalink





(2) the report of any audit made by the Comptroller General under section 209; orCommentsClose CommentsPermalink





(3) any other matter which such committees may determine appropriate.CommentsClose CommentsPermalink

SEC. 211. PUBLIC SAFETY ROAMING AND PRIORITY ACCESS.

The Commission may adopt rules, if necessary in the public interest, to improve the ability of public safety networks to roam onto commercial networks and to gain priority access to commercial networks in an emergency if--CommentsClose CommentsPermalink





(1) the public safety entity equipment is technically compatible with the commercial network;CommentsClose CommentsPermalink





(2) the commercial network is reasonably compensated; andCommentsClose CommentsPermalink





(3) such access does not preempt or otherwise terminate or degrade all existing voice conversations or data sessions.CommentsClose CommentsPermalink

SEC. 212. TRANSITIONAL ANALYSIS OF PUBLIC SAFETY NETWORK ATTRIBUTES.

(a) Establishment of Evaluation Framework- Not later than 180 days after the date of enactment of this Act, the Director of NIST, in consultation with the Secretary of Homeland Security, the Attorney General, and the Director of the Office of Management and Budget, shall develop an evaluation framework. The development of such an evaluation framework shall be informed by a study commissioned by the Director of NIST and completed by an independent and neutral agent, consultant, or expert, who has--CommentsClose CommentsPermalink





(1) at least 5 years of technical and economic experience in analyzing the costs and effectiveness of communications networks; andCommentsClose CommentsPermalink





(2) agreed not to contract or subcontract with the Corporation for at least 3 years from the date such study is completed other than for follow-on and related studies.CommentsClose CommentsPermalink





(b) Considerations- The evaluation framework required to be developed under subsection (a) shall take into consideration the public safety network attributes identified in a report completed by the Visiting Committee on Advanced Technology of NIST. The report required under this subsection shall identify the desired attributes of the nationwide public safety interoperable broadband network to be established under this title, as well as any other attributes the Secretary of Commerce may request.CommentsClose CommentsPermalink





(c) Required Evaluations- The evaluation framework required to be developed under subsection (a) shall evaluate--CommentsClose CommentsPermalink





(1) the marginal cost of each public safety network attribute in developing, deploying, and operating the nationwide public safety interoperable broadband network to be established under this title;CommentsClose CommentsPermalink





(2) the benefit of each public safety network attribute to the nationwide public safety interoperable broadband network;CommentsClose CommentsPermalink





(3) the economic feasibility of requiring that each public safety attribute be required as part of the nationwide public safety interoperable broadband network;CommentsClose CommentsPermalink





(4) the resulting competitive vendor supply ecosystem created by each public safety attribute that is a part of the nationwide public safety interoperable broadband network; andCommentsClose CommentsPermalink





(5) the level of variability in regional requirements for each public safety attribute that is a part of the nationwide public safety interoperable broadband network.CommentsClose CommentsPermalink





(d) Provision of Framework to the Corporation- The evaluation framework required to be developed under subsection (a) shall be provided to the Board of Directors of the Corporation, and the Corporation shall utilize the findings of such framework to develop a cost-benefit analysis to inform the building, deployment, and operation of the nationwide public safety interoperable broadband network to be established under this title.CommentsClose CommentsPermalink





(e) OMB Responsibility- The Director of the Office of Management and Budget, or his designee, as a member of the Board of Directors of the Corporation, shall have the responsibility to ensure that evaluation framework required to be developed under subsection (a) is appropriately utilized by the Corporation.CommentsClose CommentsPermalink

SEC. 213. PROHIBITION ON DIRECT OFFERING OF COMMERCIAL TELECOMMUNICATIONS SERVICE DIRECTLY TO CONSUMERS.

(a) In General- The Corporation shall not offer, provide, or market commercial telecommunications or information services directly to consumers.CommentsClose CommentsPermalink





(b) Rule of Construction- Nothing in this section shall be construed to prohibit the Corporation and a secondary user from entering into a covered leasing agreement pursuant to section 208(a)(2)(B). Nothing in this section shall be construed to limit the Corporation from collecting lease fees related to network equipment and infrastructure pursuant to section 208(a)(3).CommentsClose CommentsPermalink

SEC. 214. PROVISION OF TECHNICAL ASSISTANCE.

The Commission may provide technical assistance to the Corporation and may take any action necessary to assist the Corporation in effectuating its duties and responsibilities under this subtitle.CommentsClose CommentsPermalink

Subtitle B--Public Safety CommitmentsCommentsClose CommentsPermalink

SEC. 221. STATE AND LOCAL IMPLEMENTATION FUND.

(a) Establishment- There is established in the Treasury of the United States a fund to be known as the ‘State and Local Implementation Fund’.CommentsClose CommentsPermalink





(b) Purpose- The Assistant Secretary shall establish and administer the grant program under section 222 using the funds deposited in the State and Local Implementation Fund.CommentsClose CommentsPermalink





(c) Crediting of Receipts- There shall be deposited into or credited to the State and Local Implementation Fund--CommentsClose CommentsPermalink





(1) any amounts specified in section 401; andCommentsClose CommentsPermalink





(2) any amounts borrowed by the Assistant Secretary under subsection (d).CommentsClose CommentsPermalink





(d) Borrowing Authority-CommentsClose CommentsPermalink





(1) IN GENERAL- The Assistant Secretary may borrow from the general fund of the Treasury beginning on October 1, 2011, such sums as may be necessary, but not to exceed $250,000,000, to implement section 222.CommentsClose CommentsPermalink





(2) REIMBURSEMENT- The Assistant Secretary shall reimburse the general fund of the Treasury, without interest, for any amounts borrowed under subparagraph (A) as funds are deposited into the State and Local Implementation Fund.CommentsClose CommentsPermalink

SEC. 222. STATE AND LOCAL IMPLEMENTATION.

(a) Establishment of State and Local Implementation Grant Program- The Assistant Secretary, in consultation with the Corporation, shall take such action as is necessary to establish a grant program to make grants to States to assist State, regional, tribal, and local jurisdictions to identify, plan, and implement the most efficient and effective way for such jurisdictions to utilize and integrate the infrastructure, equipment, and other architecture associated with the nationwide public safety interoperable broadband network established under subtitle A to satisfy the wireless communications and data services needs of that jurisdiction, including with regards to coverage, siting, and other needs.CommentsClose CommentsPermalink





(b) Matching Requirements; Federal Share-CommentsClose CommentsPermalink





(1) IN GENERAL- The Federal share of the cost of any activity carried out using a grant under this section may not exceed 80 percent of the eligible costs of carrying out that activity, as determined by the Assistant Secretary, in consultation with the Corporation.CommentsClose CommentsPermalink





(2) WAIVER- The Assistant Secretary may waive, in whole or in part, the requirements of paragraph (1) for good cause shown if the Assistant Secretary determines that such a waiver is in the public interest.CommentsClose CommentsPermalink





(c) Programmatic Requirements- Not later than 6 months after the establishment of the bylaws of the Corporation pursuant to section 206, the Assistant Secretary, in consultation with the Corporation, shall establish requirements relating to the grant program to be carried out under this section, including the following:CommentsClose CommentsPermalink





(1) Defining eligible costs for purposes of subsection (b)(1).CommentsClose CommentsPermalink





(2) Determining the scope of eligible activities for grant funding under this section.CommentsClose CommentsPermalink





(3) Prioritizing grants for activities that ensure coverage in rural as well as urban areas.CommentsClose CommentsPermalink





(d) Certification and Designation of Officer or Governmental Body- In carrying out the grant program established under this section, the Assistant Secretary shall require each State to certify in its application for grant funds that the State has designated a single officer or governmental body to serve as the coordinator of implementation of the grant funds.CommentsClose CommentsPermalink

SEC. 223. PUBLIC SAFETY WIRELESS COMMUNICATIONS RESEARCH AND DEVELOPMENT.

(a) NIST Directed Research and Development Program- From amounts made available from the Public Safety Trust Fund established under section 401, the Director of NIST, in consultation with the Commission, the Secretary of Homeland Security, and the National Institute of Justice of the Department of Justice, as appropriate, shall conduct research and assist with the development of standards, technologies, and applications to advance wireless public safety communications.CommentsClose CommentsPermalink





(b) Required Activities- In carrying out the requirement under subsection (a), the Director of NIST, in consultation with the Corporation and the public safety advisory committee established under section 204(b)(1), shall--CommentsClose CommentsPermalink





(1) document public safety wireless communications technical requirements;CommentsClose CommentsPermalink





(2) accelerate the development of the capability for communications between currently deployed public safety narrowband systems and the nationwide public safety interoperable broadband network to be established under this title;CommentsClose CommentsPermalink





(3) establish a research plan, and direct research, that addresses the wireless communications needs of public safety entities beyond what can be provided by the current generation of broadband technology;CommentsClose CommentsPermalink





(4) accelerate the development of mission critical voice, including device-to-device ‘talkaround’ capability over broadband networks, public safety prioritization, authentication capabilities, and standard application programing interfaces for the nationwide public safety interoperable broadband network to be established under this title, if necessary and practical;CommentsClose CommentsPermalink





(5) accelerate the development of communications technology and equipment that can facilitate the eventual migration of public safety narrowband communications to the nationwide public safety interoperable broadband network to be established under this title; andCommentsClose CommentsPermalink





(6) convene working groups of relevant government and commercial parties to achieve the requirements in paragraphs (1) through (5).CommentsClose CommentsPermalink

SEC. 224. ADVANCED INFORMATION AND COMMUNICATIONS TECHNOLOGY RESEARCH.

(a) Advanced Communications Services for All Americans- The Director of NIST shall continue to support research and support standards development in advanced information and communications technologies focused on enhancing or facilitating the availability and affordability of advanced communications services to all Americans, in order to implement the Institute’s responsibilities under section 2(c)(12) of the National Institute of Standards and Technology Act (15 U.S.C. 272(c)(12)). The Director of NIST shall support intramural research and cooperative research with institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) and industry.CommentsClose CommentsPermalink





(b) DARPA Research-CommentsClose CommentsPermalink





(1) IN GENERAL- From amounts made available from the Public Safety Trust Fund established under section 401, the Defense Advanced Research Projects Agency (referred to in this subsection as ‘DARPA’) shall conduct wireless communications research to develop more secure, reliable, and flexible radio-frequency systems for Federal wireless users. Areas of research to be supported by this subsection include, but are not limited to--CommentsClose CommentsPermalink





(A) technologies to increase wireless data transmission speeds to enable the next generation of Federal networks;CommentsClose CommentsPermalink





(B) spectrum sharing and interference mitigation techniques to enable more efficient uses of wireless spectrum;CommentsClose CommentsPermalink





(C) technologies to allow and foster the reallocation of spectrum, if appropriate, for non-Federal use; andCommentsClose CommentsPermalink





(D) research that fosters the conversion of the Department of Defense’s wireless communications systems, and those of other Federal users, to more advanced or more efficient systems.CommentsClose CommentsPermalink





(2) COOPERATION- In carrying out this subsection, DARPA shall collaborate where appropriate with NTIA, NIST, NSF, and other interested Federal agencies.CommentsClose CommentsPermalink





(3) LIMITATION ON USE- Not more than 5 percent of any amounts made available in a fiscal year from the Public Safety Trust Fund established under section 401 may be used by DARPA to cover the administrative expenses incurred in carrying out this subsection.CommentsClose CommentsPermalink





(4) OMB REVIEW- Amounts appropriated to DARPA under this subsection shall be available upon approval by the Director of the Office of Management and Budget of an implementation plan that has been developed and submitted to the Director by the head of DARPA.CommentsClose CommentsPermalink

TITLE III--SPECTRUM AUCTION AUTHORITYCommentsClose CommentsPermalink

SEC. 301. EXTENSION OF AUCTION AUTHORITY.

Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking ‘2012’ and inserting ‘2021’.CommentsClose CommentsPermalink

SEC. 302. AUCTION OF SPECTRUM.

(a) Identification of Spectrum- Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall identify and make available for immediate reallocation, at a minimum, 15 megahertz of contiguous spectrum at frequencies located between 1675 megahertz and 1710 megahertz, inclusive, minus the geographic exclusion zones, or any amendment thereof, identified in NTIA’s October 2010 report entitled ‘An Assessment of Near-Term Viability of Accommodating Wireless Broadband Systems in 1675-1710 MHz, 1755-1780 MHz, 3500-3650 MHz, and 4200-4220 MHz, 4380-4400 MHz Bands’.CommentsClose CommentsPermalink





(b) Auction- Not later than January 31, 2014, the Commission shall conduct the auctions of the following licenses, by commencing the bidding for:CommentsClose CommentsPermalink





(1) The spectrum between the frequencies of 1915 megahertz and 1920 megahertz, inclusive.CommentsClose CommentsPermalink





(2) The spectrum between the frequencies of 1995 megahertz and 2000 megahertz, inclusive.CommentsClose CommentsPermalink





(3) The spectrum between the frequencies of 2020 megahertz and 2025 megahertz, inclusive.CommentsClose CommentsPermalink





(4) The spectrum between the frequencies of 2155 megahertz and 2175 megahertz, inclusive.CommentsClose CommentsPermalink





(5) The spectrum between the frequencies of 2175 megahertz and 2180 megahertz, inclusive.CommentsClose CommentsPermalink





(6) The spectrum between the frequencies of 1755 megahertz and 1850 megahertz, inclusive.CommentsClose CommentsPermalink





(7) The spectrum identified pursuant to subsection (a).CommentsClose CommentsPermalink





(c) Auction Organization- The Commission may, if technically feasible and consistent with the public interest, combine the spectrum identified in paragraphs (4), (5), and the portion of paragraph (6) between the frequencies of 1755 megahertz and 1780 megahertz, inclusive, of subsection (b) in an auction of licenses for paired spectrum blocks.CommentsClose CommentsPermalink





(d) Further Reallocation of Certain Other Spectrum-CommentsClose CommentsPermalink





(1) COVERED SPECTRUM- For purposes of this subsection, the term ‘covered spectrum’ means the portion of the electromagnetic spectrum between the frequencies of 3550 to 3650 megahertz, inclusive, minus the geographic exclusion zones, or any amendment thereof, identified in NTIA’s October 2010 report entitled ‘An Assessment of Near-Term Viability of Accommodating Wireless Broadband Systems in 1675-1710 MHz, 1755-1780 MHz, 3550-3650 MHz, and 4200-4220 MHz, 4380-4400 MHz Bands’.CommentsClose CommentsPermalink





(2) IN GENERAL- Consistent with requirements of section 309(j) of the Communications Act of 1934, the Commission shall reallocate covered spectrum for assignment by competitive bidding unless the President of the United States determines that--CommentsClose CommentsPermalink





(A) such spectrum cannot be reallocated due to the need to protect incumbent Federal systems from interference; orCommentsClose CommentsPermalink





(B) allocation of other spectrum--CommentsClose CommentsPermalink





(i) better serves the public interest, convenience, and necessity; andCommentsClose CommentsPermalink





(ii) can reasonably be expected to produce receipts comparable to what the covered spectrum might auction for without the geographic exclusion zones.CommentsClose CommentsPermalink





(3) ACTIONS REQUIRED IF COVERED SPECTRUM CANNOT BE REALLOCATED-CommentsClose CommentsPermalink





(A) IN GENERAL- If the President makes a determination under paragraph (2) that the covered spectrum cannot be reallocated, then the President shall, within 1 year after the date of such determination--CommentsClose CommentsPermalink





(i) identify alternative bands of frequencies totaling more than 20 megahertz and no more than 100 megahertz of spectrum used primarily by Federal agencies that satisfy the requirements of clauses (i) and (ii) of paragraph (2)(B);CommentsClose CommentsPermalink





(ii) report to the appropriate committees of Congress and the Commission an identification of such alternative spectrum for assignment by competitive bidding; andCommentsClose CommentsPermalink





(iii) make such alternative spectrum for assignment immediately available for reallocation.CommentsClose CommentsPermalink





(B) AUCTION- If the President makes a determination under paragraph (2) that the covered spectrum cannot be reallocated, the Commission shall commence the bidding of the alternative spectrum identified pursuant to subparagraph (A) within 3 years of the date of enactment of this Act.CommentsClose CommentsPermalink





(4) ACTIONS REQUIRED IF COVERED SPECTRUM CAN BE REALLOCATED- If the President does not make a determination under paragraph (1) that the covered spectrum cannot be reallocated, the Commission shall commence the competitive bidding for the covered spectrum within 3 years of the date of enactment of this Act.CommentsClose CommentsPermalink





(e) Proceeds- Notwithstanding section 309(j)(8)(A) of the Communications Act of 1934, and except as provided in subparagraphs (B), (C), and (D) of such section 309(j)(8), all proceeds (including deposits and up front payments from successful bidders) from the auctions to be carried out pursuant to subsections (b) and (d) shall be deposited with the Public Safety Trust Fund established under section 401.CommentsClose CommentsPermalink





(f) Amendments To Design Requirements Related to Competitive Bidding- Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (3)--CommentsClose CommentsPermalink





(A) in subparagraph (E)(ii), by striking ‘; and’ and inserting a semicolon;CommentsClose CommentsPermalink





(B) in subparagraph (F), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(G) ensuring that there is an adequate opportunity for applicants to obtain licenses covering both large and small geographic areas, as such areas are determined by the Commission.’; andCommentsClose CommentsPermalink





(2) by amending clause (i) of the second sentence of paragraph (8)(C) to read as follows:CommentsClose CommentsPermalink





‘(i) the deposits--CommentsClose CommentsPermalink





‘(I) of successful bidders of any auction conducted pursuant to subparagraph (F) or to section 302 of the Public Safety Spectrum and Wireless Innovation Act shall be paid to the Public Safety Trust Fund established under section 401 of such Act; andCommentsClose CommentsPermalink





‘(II) of successful bidders of any other auction shall be paid to the Treasury;’.CommentsClose CommentsPermalink

SEC. 303. INCENTIVE AUCTION AUTHORITY.

(a) In General- Paragraph (8) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking ‘(B), (D), and (E),’ and inserting ‘(B), (D), (E), and (F),’; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





‘(F) INCENTIVE AUCTION AUTHORITY-CommentsClose CommentsPermalink





‘(i) AUTHORITY- Notwithstanding any other provision of law, if the Commission determines that it is consistent with the public interest in utilization of the spectrum for a licensee to relinquish voluntarily some or all of its licensed spectrum usage rights in order to permit the assignment of new initial licenses through a competitive bidding process subject to new service rules, or the designation of new spectrum for unlicensed use, the Commission may disburse to that licensee a portion of any auction proceeds that the Commission determines, in its discretion, are attributable to the licensee’s relinquished spectrum usage rights, provided that television broadcast stations required to be carried pursuant to sections 338, 614, or 615 that voluntarily elect to share a channel shall retain the rights to carriage set forth in such sections and the rules of the Commission, as such rights apply to such station at its shared location.CommentsClose CommentsPermalink





‘(ii) LIMITATION- The Commission may not conduct more than one incentive auction of frequencies licensed to television stations pursuant to the provisions of section 303 of this Act.CommentsClose CommentsPermalink





‘(iii) PROHIBITION-CommentsClose CommentsPermalink





‘(I) IN GENERAL- The Commission may not reclaim spectrum licensed on a primary basis to a television broadcast station, directly or indirectly, on an involuntary basis for purposes of providing spectrum to carry out an incentive auction under this subparagraph.CommentsClose CommentsPermalink





‘(II) MODIFICATION OR REVOCATION- Notwithstanding the provisions in sections 303 and 304, the Commission shall have no authority to modify or revoke a license or take any action if the effect of such modification, revocation, or other action is to compel a licensee to participate in an incentive auction as authorized in this section or otherwise make frequencies available for such an auction.CommentsClose CommentsPermalink





‘(III) REPACKING PERMITTED- The Commission may reassign the frequency which a television broadcast station licensee is permitted to utilize, or a portion thereof in accordance with the provisions of this section, only if such reassignment--CommentsClose CommentsPermalink

‘(aa) consists of a 6 MHz channel, located between channels 14 and 50, inclusive, in the same geographic market and with the same city of license, to each such licensee, andCommentsClose CommentsPermalink

‘(bb) preserves such licensee’s--CommentsClose CommentsPermalink

‘(AA) signal power level;CommentsClose CommentsPermalink

‘(BB) tower height or transmission architecture; andCommentsClose CommentsPermalink

‘(CC) interference levels with respect to such licensee’s signal.CommentsClose CommentsPermalink

‘(IV) LOW-POWER TELEVISION-CommentsClose CommentsPermalink

‘(aa) IN GENERAL- The Commission may not reclaim spectrum licensed to a low-power television licensee, directly or indirectly, on an involuntary basis, unless the Commission finds the low-power television licensee a replacement channel with similar population coverage in the UHF television band of frequencies.CommentsClose CommentsPermalink

‘(bb) EXCEPTION- If the Commission or the licensee cannot locate a suitable channel within the UHF band, after an explanation to the licensee showing the basis for the determination that no channel is available, the Commission shall--CommentsClose CommentsPermalink

‘(AA) collocate multiple low-power television licensees in a channel in the UHF band, by using channel sharing, with each licensee assigned half of the total bandwidth; orCommentsClose CommentsPermalink

‘(BB) if no space exists for collocation of low-power television licensees in the UHF band as described in item (aa), assign a low-power television licensee a full channel between channels seven and 13, inclusive, in the VHF band.CommentsClose CommentsPermalink

‘(V) PROHIBITION- The Commission may not require any television station licensee involuntarily to collocate its facilities with the facilities of any other television broadcast station licensee in order to transmit on the same frequency.CommentsClose CommentsPermalink





‘(VI) COLLOCATION PERMITTED- Notwithstanding the requirement of subclause (III)(aa) that a frequency reassignment must consist of a 6 MHz channel, in any given market any 2 television broadcast station licensees shall be permitted to collocate their facilities in order to transmit on the same frequency.CommentsClose CommentsPermalink





‘(VII) TREATMENT OF TRANSMISSION FROM COLLOCATED FACILITIES- The transmission of any television broadcast stations voluntarily electing to share a 6 MHz channel shall each be treated as a ‘primary channel’ for purposes of the Commission’s regulations implementing sections 338, 614, and 615 as in effect on the date of enactment of this subclause.CommentsClose CommentsPermalink





‘(VIII) REIMBURSEMENT OF COSTS- Any licensee that is affected, directly or indirectly, by the Commission reassigning a licensee to a different channel shall be reimbursed for the costs resulting from such reassignment, including--CommentsClose CommentsPermalink

‘(aa) those associated with the modification or replacement of broadcast signal transmission facilities and equipment, including the cost of temporary facilities;CommentsClose CommentsPermalink

‘(bb) those associated with the construction, replacement, or relocation of a broadcast transmission tower, to the extent that those costs are related either to the reassignment to a different channel that a licensee is authorized to utilize, or to mitigate interference resulting from the reassignment of another licensee;CommentsClose CommentsPermalink

‘(cc) those associated with the upgrade, replacement, or relocation of translator or booster stations affiliated with the relevant full-power licensee;CommentsClose CommentsPermalink

‘(dd) those associated with consumer education efforts concerning the effect of a Commission reassignment of channels in a designated market area; andCommentsClose CommentsPermalink

‘(ee) any other costs directly or indirectly resulting from the reassignment of channels in a designated market area.CommentsClose CommentsPermalink

‘(IX) UNLICENSED SPECTRUM- With respect to frequency bands between 54 and 72 MHz, 76 and 88 MHz, 174 and 216 MHz, 470 and 698 MHz, 84 MHz shall be assigned via a competitive bidding process. A portion of the proceeds from the competitive bidding of the frequency bands identified in the prior sentence may, if consistent with the public interest, be disbursed to other licensees, for the purpose of ensuring that unlicensed spectrum remains available in these frequency bands, nationwide, and in each local market.CommentsClose CommentsPermalink





‘(iv) TREATMENT OF REVENUES- Notwithstanding subparagraph (A), and except as provided in subparagraphs (B), (C), and (D), all proceeds (including deposits and up front payments from successful bidders) from the auction of spectrum under this subparagraph shall be deposited with the Public Safety Trust Fund established under section 401 of the Public Safety Spectrum and Wireless Innovation Act.CommentsClose CommentsPermalink





‘(G) ESTABLISHMENT OF INCENTIVE AUCTION RELOCATION FUND-CommentsClose CommentsPermalink





‘(i) IN GENERAL- There is established in the Treasury of the United States a fund to be known as the ‘Incentive Auction Relocation Fund’.CommentsClose CommentsPermalink





‘(ii) ADMINISTRATION- The Assistant Secretary shall administer the Incentive Auction Relocation Fund using the amounts deposited pursuant to this section.CommentsClose CommentsPermalink





‘(iii) CREDITING OF RECEIPTS- There shall be deposited into or credited to the Incentive Auction Relocation Fund any amounts specified in section 401 of the Public Safety Spectrum and Wireless Innovation Act.CommentsClose CommentsPermalink





‘(iv) AVAILABILITY- Amounts in the Incentive Auction Relocation Fund shall be available to the NTIA for use--CommentsClose CommentsPermalink





‘(I) for a period not to exceed 18 months following the later of--CommentsClose CommentsPermalink

‘(aa) the completion of incentive auction from which such amounts were derived; orCommentsClose CommentsPermalink

‘(bb) the date on which the Commission issues all the new channel assignments pursuant to any repacking required under subparagraph (F)(iii)(III); andCommentsClose CommentsPermalink

‘(II) without further appropriation.CommentsClose CommentsPermalink





‘(v) USE OF FUNDS- Amounts in the Incentive Auction Relocation Fund may only be used by the NTIA, in consultation with the Commission, to cover--CommentsClose CommentsPermalink





‘(I) the costs identified in subparagraph (F)(iii)(VIII); andCommentsClose CommentsPermalink





‘(II) the costs incurred by multichannel video programming distributors for new equipment, installation, and construction related to the carriage of such relocated stations or the carriage of stations that voluntarily elect to share a channel, but retain their existing rights to carriage pursuant to sections 338, 614, and 615.’.CommentsClose CommentsPermalink





(b) Incentive Auctions To Repurpose Certain Mobile Satellite Services Spectrum for Terrestrial Broadband Use- To the extent that the Commission makes available spectrum licenses on some or all of the frequencies between 2000 and 2020 MHz and 2180 and 2200 MHz for terrestrial broadband use, such licenses shall be assigned pursuant to the authority provided in section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)), including, as appropriate, subparagraph (F) of such section.CommentsClose CommentsPermalink





(c) Sense of Congress- It is the sense of Congress that any spectrum identified for auction under this section should be licensed--CommentsClose CommentsPermalink





(1) on a flexible use basis to the extent technologically feasible; andCommentsClose CommentsPermalink





(2) consistent with the public interest, convenience, and necessity.CommentsClose CommentsPermalink

SEC. 304. EFFICIENT USE OF PUBLIC SAFETY SPECTRUM.

(a) Study and Report- Not later than 180 days after the date of enactment of this Act and not later than every 2 years thereafter, the Commission shall conduct a study and submit a report to the appropriate committees of Congress and to the Corporation on the spectrum used by public safety licensees or for public safety services pursuant to section 337(f) of the Communications Act of 1934 (47 U.S.C. 337).CommentsClose CommentsPermalink





(b) Requirements- The report required under subsection (a) shall--CommentsClose CommentsPermalink





(1) inventory the spectrum assigned to public safety use; andCommentsClose CommentsPermalink





(2) include--CommentsClose CommentsPermalink





(A) the amount of spectrum allocated to public safety use;CommentsClose CommentsPermalink





(B) the number of licensees and amount of spectrum assigned to each licensee;CommentsClose CommentsPermalink





(C) a general description of technologies and systems in each band;CommentsClose CommentsPermalink





(D) an approximation of network coverage, as appropriate, of major systems (such as an estimation of land mobile radio coverage by population) in major metropolitan areas; andCommentsClose CommentsPermalink





(E) an approximate number of users of major systems, such as the number of first responders using land mobile radio, in major metro areas;CommentsClose CommentsPermalink





(3) assess if spectrum is adequate to meet the current and future needs for public safety services; andCommentsClose CommentsPermalink





(4) assess the opportunity for return of any additional spectrum to the Commission for reallocation.CommentsClose CommentsPermalink

SEC. 305. REPORT ON SATELLITE BROADBAND.

Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the appropriate committees of Congress a report on the current and future capabilities of fixed and mobile satellite broadband to assist public safety entities during an emergency.CommentsClose CommentsPermalink

SEC. 306. FEDERAL INFRASTRUCTURE SHARING.

The Administrator of General Services shall establish rules to allow public safety entities licensed or otherwise permitted to use spectrum allocated to the Public Safety Broadband Corporation to have access to those components of Federal infrastructure appropriate for the construction and maintenance of the nationwide public safety interoperable broadband network to be established under title II.CommentsClose CommentsPermalink

SEC. 307. REPORT ON UNLICENSED SPECTRUM.

Not later than 5 years after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report on--CommentsClose CommentsPermalink





(1) the status of development of any spectrum designated as unlicensed spectrum by the Commission under this Act; andCommentsClose CommentsPermalink





(2) the use of any unlicensed spectrum described in paragraph (1).CommentsClose CommentsPermalink

TITLE IV--PUBLIC SAFETY TRUST FUNDCommentsClose CommentsPermalink

SEC. 401. PUBLIC SAFETY TRUST FUND.

(a) Establishment of Public Safety Trust Fund-CommentsClose CommentsPermalink





(1) IN GENERAL- There is established in the Treasury of the United States a trust fund to be known as the ‘Public Safety Trust Fund’.CommentsClose CommentsPermalink





(2) CREDITING OF RECEIPTS-CommentsClose CommentsPermalink





(A) IN GENERAL- There shall be deposited into or credited to the Public Safety Trust Fund the proceeds from the auction of spectrum carried out pursuant to--CommentsClose CommentsPermalink





(i) section 302 of this Act; andCommentsClose CommentsPermalink





(ii) section 309(j)(8)(F) of the Communications Act of 1934, as added by section 303 of this Act.CommentsClose CommentsPermalink





(B) AVAILABILITY- Amounts deposited into or credited to the Public Safety Trust Fund in accordance with subparagraph (A) shall remain available until the end of fiscal year 2021. Upon the expiration of the period described in the prior sentence such amounts shall be deposited in the General Fund of the Treasury, where such amounts shall be dedicated for the sole purpose of deficit reduction.CommentsClose CommentsPermalink





(b) Use of Fund- Amounts deposited in the Public Safety Trust Fund shall be used in the following manner:CommentsClose CommentsPermalink





(1) PAYMENT OF AUCTION INCENTIVE-CommentsClose CommentsPermalink





(A) REQUIRED DISBURSALS- Amounts in the Public Safety Trust Fund shall be used to make any required disbursal of payments to licensees required pursuant to--CommentsClose CommentsPermalink





(i) clause (i) and subclause (VIII) of clause (iii) of section 309(j)(8)(F) of the Communications Act of 1934; andCommentsClose CommentsPermalink





(ii) section 303(b) of this Act.CommentsClose CommentsPermalink





(B) NOTIFICATION TO CONGRESS-CommentsClose CommentsPermalink





(i) IN GENERAL- At least 3 months in advance of any incentive auction conducted pursuant to subparagraph (F) of section 309(j)(8) of the Communications Act of 1934, the Chairman of the Commission, in consultation with the Director of the Office of Management and Budget, shall notify the appropriate committees of Congress--CommentsClose CommentsPermalink





(I) of the methodology for calculating the disbursal of payments to certain licensees required pursuant to clause (i) and subclause (VIII) of clause (iii) of such subparagraph; andCommentsClose CommentsPermalink





(II) that such methodology considers the value of the spectrum voluntarily relinquished in its current use and the timeliness with which the licensee will clear its use of such spectrum.CommentsClose CommentsPermalink





(ii) DEFINITION- In this clause, the term ‘appropriate committees of Congress’ means--CommentsClose CommentsPermalink





(I) the Committee on Commerce, Science, and Transportation of the Senate;CommentsClose CommentsPermalink





(II) the Committee on Appropriations of the Senate;CommentsClose CommentsPermalink





(III) the Committee on Energy and Commerce of the House of Representatives; andCommentsClose CommentsPermalink





(IV) the Committee on Appropriations of the House of Representatives.CommentsClose CommentsPermalink





(2) INCENTIVE AUCTION RELOCATION FUND- Not less than 5 percent of the amounts in the Public Safety Trust Fund but not more than $1,500,000,000 shall be deposited in the Incentive Auction Relocation Fund established under section 309(j)(8)(G) of the Communications Act of 1934.CommentsClose CommentsPermalink





(3) STATE AND LOCAL IMPLEMENTATION FUND- $250,000,000 shall be deposited in the State and Local Implementation Fund established under section 221.CommentsClose CommentsPermalink





(4) PUBLIC SAFETY BROADBAND CORPORATION- $11,750,000,000 shall deposited with the Public Safety Broadband Corporation established under section 202, of which pursuant to its responsibilities and duties set forth under section 206 to deploy and operate a nationwide public safety interoperable broadband network--CommentsClose CommentsPermalink





(A) not less than $10,500,000,000 shall be made available for any Radio Access Network build out; andCommentsClose CommentsPermalink





(B) not less than $1,250,000,000 shall be made available to develop an Evolved Packet Core.CommentsClose CommentsPermalink





(5) PUBLIC SAFETY RESEARCH AND DEVELOPMENT- $100,000,000 per year for each of the fiscal years 2012 through 2016 shall be made available for use by the Director of NIST to carry out the research program established under section 223.CommentsClose CommentsPermalink





(6) ADVANCED INFORMATION AND TECHNOLOGY RESEARCH- $70,000,000 per year for each of the fiscal years 2012 through 2016 shall be made available to carry out the research program established under section 224(b).CommentsClose CommentsPermalink





(7) DEFICIT REDUCTION- Any amounts remaining after the deduction of the amounts required under paragraphs (1) through (6) shall be deposited in the General Fund of the Treasury, where such amounts shall be dedicated for the sole purpose of deficit reduction.CommentsClose CommentsPermalink





(c) Investment- Amounts in the Public Safety Trust Fund shall be invested in accordance with section 9702 of title 31, United States Code, and any interest on, and proceeds from, any such investment shall be credited to, and become a part of, the Fund.CommentsClose CommentsPermalink

TITLE V--SPECTRUM POLICYCommentsClose CommentsPermalink

Subtitle A--Inventory and PlanningCommentsClose CommentsPermalink

SEC. 501. RADIO SPECTRUM INVENTORY.

(a) Spectrum Inventory- Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 342. SPECTRUM INVENTORY.

‘(a) Radio Spectrum Inventory- Not later than 180 days after the date of enactment of the Public Safety Spectrum and Wireless Innovation Act, and biennially thereafter, the Commission, in consultation with the NTIA and the Office of Science and Technology Policy, shall carry out the following activities:CommentsClose CommentsPermalink





‘(1) REPORT- Prepare a report that includes an inventory of each radio spectrum band, from 300 MHz to 3.5 GHz, at a minimum, managed by each such agency. Except as provided in subsection (b), the report shall include--CommentsClose CommentsPermalink





‘(A) the licensee or government user authorized in the band;CommentsClose CommentsPermalink





‘(B) the total spectrum authorized for each licensee or government user (in percentage terms and in sum) in the band;CommentsClose CommentsPermalink





‘(C) the approximate number of transmitters, end-user terminals, or receivers, excluding unintended radiators, that have been deployed or authorized, for each licensee or government user, in the band; andCommentsClose CommentsPermalink





‘(D) if such information is available--CommentsClose CommentsPermalink





‘(i) the type of transmitters, end-user terminals, or receivers, excluding unintended radiators, operating in the band and whether they are space-, air-, or ground-based;CommentsClose CommentsPermalink





‘(ii) the type of transmitters, end-user terminals, or receivers, excluding unintended radiators, authorized to operate in the band and whether they are space-, air-, or ground-based;CommentsClose CommentsPermalink





‘(iii) contour maps or other information that illustrate the coverage area, receiver performance, and other parameters relevant to an assessment of the availability of spectrum in each band;CommentsClose CommentsPermalink





‘(iv) the approximate geolocation of base stations or fixed transmitters;CommentsClose CommentsPermalink





‘(v) the approximate extent of use, by geography, of each band of frequencies, such as the amount and percentage of time of use, number of end-users, or other measures as appropriate to the particular band;CommentsClose CommentsPermalink





‘(vi) the activities, capabilities, functions, or missions supported by the transmitters, end-user terminals, or receivers; andCommentsClose CommentsPermalink





‘(vii) the types of unlicensed devices authorized to operate in the band.CommentsClose CommentsPermalink





‘(2) PUBLIC ACCESS- Create a centralized portal or website utilizing data from the Commission and the NTIA to make a centralized inventory of the bands of each agency available to the public via an Internet-accessible website.CommentsClose CommentsPermalink





‘(3) UPDATES- Make all reasonable efforts to maintain and update the information required under paragraph (2) no less frequently than quarterly to reflect, at a minimum, any transfer or auction of licenses or change in allocation, assignment, or authorization.CommentsClose CommentsPermalink





‘(4) FCC TO BEAR COSTS- Notwithstanding any other provision of law, all costs incurred by the Commission and the NTIA in establishing and maintaining the centralized inventory and the centralized portal or website shall be borne exclusively by the Commission.CommentsClose CommentsPermalink





‘(5) PAPERWORK REDUCTION ACT EXEMPTION- Any forms prescribed by the Commission under this section, and any information-gathering activities of the Commission under this section, shall not be subject to the provisions of sections 3507 or 3512 of title 44, United States Code (44 U.S.C. 3507, 3512).CommentsClose CommentsPermalink





‘(b) National Security; Classified Information-CommentsClose CommentsPermalink





‘(1) IN GENERAL- If the head of a Federal agency determines that disclosure of information required by subsection (a) would be harmful to the national security of the United States, the agency shall--CommentsClose CommentsPermalink





‘(A) notify the NTIA of its determination; andCommentsClose CommentsPermalink





‘(B) provide to the NTIA--CommentsClose CommentsPermalink





‘(i) the other publicly releasable information required by subsection (a);CommentsClose CommentsPermalink





‘(ii) to the maximum extent practicable, a summary description of the information with respect to which the determination was made; andCommentsClose CommentsPermalink





‘(iii) an annex containing the information with respect to which the determination was made.CommentsClose CommentsPermalink





‘(2) CLASSIFIED INFORMATION- If the head of a Federal agency determines that any information required by subsection (a) is classified in accordance with Executive Order 13526 of December 29, 2009, or any successor Executive Order establishing or modifying the uniform system for classifying, safeguarding, and declassifying national security information, the agency shall--CommentsClose CommentsPermalink





‘(A) notify the NTIA of its determination; andCommentsClose CommentsPermalink





‘(B) provide to the NTIA--CommentsClose CommentsPermalink





‘(i) the information required by subsection (a)(1) that is not classified;CommentsClose CommentsPermalink





‘(ii) to the maximum extent practicable, a summary description of the information that is classified; andCommentsClose CommentsPermalink





‘(iii) an annex containing the information that is classified.CommentsClose CommentsPermalink





‘(3) ANNEX RESTRICTION- The NTIA shall make an annex described in paragraph (1)(B)(iii) or (2)(B)(iii) available to the Commission. Neither the NTIA nor the Commission may make any such annex available to the public pursuant to subsection (a)(2) or to any unauthorized person through any other means.CommentsClose CommentsPermalink





‘(c) Public Safety Nondisclosure-CommentsClose CommentsPermalink





‘(1) IN GENERAL- If a licensee of non-Federal spectrum determines that public disclosure of certain information held by that licensee and required to be included in the report under subsection (a) would reveal information for which public disclosure would be detrimental to public safety, or that the licensee is otherwise prohibited by law from disclosing, the licensee may petition the Commission for a partial or total exemption from inclusion on the centralized portal or website under subsection (a)(2) and in the reports required under subsection (d).CommentsClose CommentsPermalink





‘(2) BURDEN- A licensee seeking an exemption under this subsection bears the burden of justifying the exemption and shall provide clear and convincing evidence to support the requested exemption.CommentsClose CommentsPermalink





‘(3) INFORMATION REQUIRED- If the Commission grants an exemption under this subsection, the licensee shall provide to the Commission--CommentsClose CommentsPermalink





‘(A) the publicly releasable information required by subsection (a)(1) for the inventory;CommentsClose CommentsPermalink





‘(B) to the maximum extent practicable, a summary description, suitable for public release, of the information for which public disclosure would be detrimental to public safety or that the licensee is prohibited by law from disclosing; andCommentsClose CommentsPermalink





‘(C) an annex, under appropriate cover, containing the information that the Commission has determined should be withheld from public disclosure.CommentsClose CommentsPermalink





‘(d) Informing the Congress-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as provided in paragraph (3), the NTIA and the Commission shall submit each report required by subsection (a)(1) to the appropriate committees of Congress.CommentsClose CommentsPermalink





‘(2) NONDISCLOSURE OF ANNEXES- Each such report shall be submitted in unclassified form, but may include 1 or more annexes as provided for by subsections (b)(1)(B)(iii), (b)(2)(B)(iii), and (c)(3)(C). No Congressional committee may make any such annex available to the public or to any unauthorized person.CommentsClose CommentsPermalink





‘(3) CLASSIFIED ANNEXES- If a report includes a classified annex as provided for by subsection (b)(2)(B)(iii), the NTIA and the Commission shall--CommentsClose CommentsPermalink





‘(A) submit the classified annex only to the appropriate committees of Congress with primary oversight jurisdiction for the user agencies or licensees concerned; andCommentsClose CommentsPermalink





‘(B) provide notice of the submission to the other appropriate committees of Congress.CommentsClose CommentsPermalink





‘(e) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) APPROPRIATE COMMITTEES OF CONGRESS- The term ‘appropriate committees of Congress’ means the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and any other congressional committee with primary oversight jurisdiction for the user agencies or licensees concerned.CommentsClose CommentsPermalink





‘(2) NTIA- The term ‘NTIA’ means the National Telecommunications and Information Administration.’.CommentsClose CommentsPermalink





(b) Progress Report- Within 180 days after the date of enactment of this title, the Commission and the NTIA shall provide an update as to the status of the inventory and report required by section 342(a) of the Communications Act of 1934, as added by subsection (a), to the appropriate committees of Congress.CommentsClose CommentsPermalink

SEC. 502. FEDERAL SPECTRUM PLANNING.

(a) Review of Evaluation Process- Not later than 6 months after the date of enactment of this title, the Comptroller General of the United States shall--CommentsClose CommentsPermalink





(1) conduct a review of the processes that Federal entities utilize to evaluate their spectrum needs and manage their spectrum resources;CommentsClose CommentsPermalink





(2) make recommendations on how to improve such processes; andCommentsClose CommentsPermalink





(3) submit a written report to the appropriate committees of Congress on the review, analysis, and recommendations made pursuant to paragraphs (1) and (2).CommentsClose CommentsPermalink





(b) Revision of Evaluation Process-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 1 year after the date of enactment of this title, each Federal entity shall establish, update, or revise the process used by such entity to evaluate their proposed spectrum needs, taking into account any applicable recommendations made in the report required under subsection (a).CommentsClose CommentsPermalink





(2) REQUIRED INCLUSIONS-CommentsClose CommentsPermalink





(A) ANALYSIS OF OPTIONS- Each process described under paragraph (1), whether newly established or otherwise revised, shall include an analysis and assessment of--CommentsClose CommentsPermalink





(i) the options available to a Federal entity to obtain associated communications services that are the most spectrum-efficient; andCommentsClose CommentsPermalink





(ii) the effective alternatives available to such entity that will permit the entity to continue to satisfy the mission requirements of the entity.CommentsClose CommentsPermalink





(B) ANALYSIS SUBMITTED TO NTIA- The analysis and assessment carried out pursuant to subparagraph (A) shall be submitted by the Federal entity to the NTIA at the same time that the entity seeks certification or recertification, if applicable, of spectrum support from the NTIA pursuant to the requirements of the National Telecommunications and Information Administration Organization Act and OMB Circular A-11.CommentsClose CommentsPermalink





(c) Spectrum Plans of Federal Entities-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 1 year after the date of enactment of this title, and every 2 years thereafter, each Federal entity shall provide an entity-specific strategic spectrum plan to the Assistant Secretary and the Director of the Office of Management and Budget.CommentsClose CommentsPermalink





(2) REQUIRED INCLUSIONS- Each strategic spectrum plan submitted pursuant to paragraph (1) shall include--CommentsClose CommentsPermalink





(A) the spectrum requirements of the entity;CommentsClose CommentsPermalink





(B) the planned uses of new technologies or expanded services requiring spectrum over a period of time agreed to by the entity;CommentsClose CommentsPermalink





(C) suggested spectrum-efficient approaches to meeting the spectrum requirements identified under subparagraph (A); andCommentsClose CommentsPermalink





(D) progress reports on what the entity is doing to improve its spectrum management.CommentsClose CommentsPermalink





(d) National Security; Classified Information-CommentsClose CommentsPermalink





(1) IN GENERAL- If the head of a Federal entity determines that disclosure of information required by subsection (c) would be harmful to the national security of the United States, the entity shall--CommentsClose CommentsPermalink





(A) notify the NTIA of its determination; andCommentsClose CommentsPermalink





(B) provide to the NTIA--CommentsClose CommentsPermalink





(i) the other publicly releasable information required by subsection (c);CommentsClose CommentsPermalink





(ii) to the maximum extent practicable, a summary description of the information with respect to which the determination was made; andCommentsClose CommentsPermalink





(iii) an annex containing the information with respect to which the determination was made.CommentsClose CommentsPermalink





(2) CLASSIFIED INFORMATION- If the head of a Federal entity determines that any information required by subsection (c) is classified in accordance with Executive Order 13526 of December 29, 2009, or any successor Executive Order establishing or modifying the uniform system for classifying, safeguarding, and declassifying national security information, the entity shall--CommentsClose CommentsPermalink





(A) notify the NTIA of its determination; andCommentsClose CommentsPermalink





(B) provide to the NTIA--CommentsClose CommentsPermalink





(i) the information required by subsection (c) that is not classified;CommentsClose CommentsPermalink





(ii) to the maximum extent practicable, a summary description of the information that is classified; andCommentsClose CommentsPermalink





(iii) an annex containing the information that is classified.CommentsClose CommentsPermalink





(3) ANNEX RESTRICTION- The NTIA shall make an annex described in paragraph (1)(B)(iii) or (2)(B)(iii) available to the Secretary of Commerce and the Director of the Office of Management and Budget. Neither the NTIA, the Secretary of Commerce, nor the Director of the Office of Management and Budget may make any such annex available to the public or to any unauthorized person through any other means.CommentsClose CommentsPermalink





(e) Federal Strategic Spectrum Plan-CommentsClose CommentsPermalink





(1) DEVELOPMENT AND SUBMISSION-CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than 6 months after the receipt of the initial entity-specific strategic spectrum plans required under subsection (c), the Secretary of Commerce shall develop a Federal Strategic Spectrum Plan, in coordination with the Assistant Secretary and the Director of the Office of Management and Budget.CommentsClose CommentsPermalink





(B) SUBMISSION TO CONGRESS- Consistent with the requirements set forth in subsection (d)(3), the Secretary of Commerce shall submit the Federal Strategic Spectrum Plan developed under subparagraph (A) to the appropriate committees of Congress.CommentsClose CommentsPermalink





(C) NONDISCLOSURE OF ANNEXES- The Federal Strategic Spectrum Plan required to be submitted under subparagraph (B) shall be submitted in unclassified form, but shall include, if appropriate, 1 or more annexes as provided for by subsections (d)(1)(B)(iii) and (d)(2)(B)(iii). No Congressional committee may make any such annex available to the public or to any unauthorized person.CommentsClose CommentsPermalink





(D) CLASSIFIED ANNEXES- If the Federal Strategic Spectrum Plan includes a classified annex as provided for by subsection (d)(2)(B)(iii), the Secretary of Commerce shall--CommentsClose CommentsPermalink





(i) submit the classified annex only to the appropriate committees of Congress with primary oversight jurisdiction for the user entities or licensees concerned; andCommentsClose CommentsPermalink





(ii) provide notice of the submission to the other appropriate committees of Congress.CommentsClose CommentsPermalink





(E) DEFINITION- In this subsection, the term ‘appropriate committees of Congress’ means the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and any other congressional committee with primary oversight jurisdiction for the user entity or licensees concerned.CommentsClose CommentsPermalink





(2) INCORPORATION OF ENTITY PLANS- The Federal Strategic Spectrum Plan developed under paragraph (1) shall incorporate, consistent with the requirements of subsection (d), the initial entity-specific strategic spectrum plans submitted under subsection (c).CommentsClose CommentsPermalink





(3) REQUIRED INCLUSIONS- The Federal Strategic Spectrum Plan developed under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) information on how spectrum assigned and used by Federal entities is being used;CommentsClose CommentsPermalink





(B) opportunities to increase efficient use of infrastructure and spectrum assigned and used by Federal entities;CommentsClose CommentsPermalink





(C) an assessment of the future spectrum needs of the Federal Government; andCommentsClose CommentsPermalink





(D) plans to incorporate such needs in the NTIA’s frequency assignment, equipment certification, and review processes.CommentsClose CommentsPermalink





(4) UPDATES- The Secretary of Commerce shall revise and update the Federal Strategic Spectrum Plan developed under paragraph (1) accordingly pursuant to the biennial submission of the entity-specific strategic spectrum plans submitted under subsection (c).CommentsClose CommentsPermalink





(f) National Strategic Spectrum Plan-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 2 years after the date of enactment of this title, the NTIA and the Commission, in consultation with other Federal, State, local, and tribal governments and commercial spectrum interests, shall develop a quadrennial National Strategic Spectrum Plan.CommentsClose CommentsPermalink





(2) REQUIRED INCLUSION- The National Strategic Spectrum Plan shall include the following:CommentsClose CommentsPermalink





(A) The Federal Strategic Spectrum Plan developed under subsection (e).CommentsClose CommentsPermalink





(B) Long-range spectrum planning of both commercial, State and local government, and Federal Government users.CommentsClose CommentsPermalink





(C) New technologies or expanded services requiring spectrum.CommentsClose CommentsPermalink





(D) The nature and characteristics of the new radio communication systems required and the nature and characteristics of the spectrum required.CommentsClose CommentsPermalink





(E) Efficient approaches to meeting the future spectrum requirements of all users, including--CommentsClose CommentsPermalink





(i) requiring certain standards-based technologies that improve spectrum efficiencies;CommentsClose CommentsPermalink





(ii) spectrum sharing and reuse opportunities;CommentsClose CommentsPermalink





(iii) possible reallocation; andCommentsClose CommentsPermalink





(iv) any other approaches that promote efficient use of spectrum.CommentsClose CommentsPermalink





(F) An evaluation of current auction processes to determine the effectiveness of such processes in--CommentsClose CommentsPermalink





(i) promoting competition;CommentsClose CommentsPermalink





(ii) improving spectrum use efficiency; andCommentsClose CommentsPermalink





(iii) maximizing the full economic value to customers, industry, and the taxpayer of the spectrum.CommentsClose CommentsPermalink