HR 3509 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 3509CommentsClose CommentsPermalink

To provide for the creation of a public safety broadband network, to ensure a more efficient and innovative allocation of the electromagnetic spectrum, to permit the Federal Communications Commission to conduct incentive auctions, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

November 29, 2011CommentsClose CommentsPermalink

Mr. WAXMAN (for himself, Ms. ESHOO, Mr. MARKEY, Mr. DOYLE, Ms. MATSUI, Mrs. CHRISTENSEN, Mr. PALLONE, Ms. DEGETTE, Mr. ENGEL, and Ms. SCHAKOWSKY) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Science, Space, and Technology and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To provide for the creation of a public safety broadband network, to ensure a more efficient and innovative allocation of the electromagnetic spectrum, to permit the Federal Communications Commission to conduct incentive auctions, 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 ‘Wireless Innovation and Public Safety Act of 2011’.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





Sec. 3. Rule of construction.CommentsClose CommentsPermalink





Sec. 4. Enforcement.CommentsClose CommentsPermalink

TITLE I--ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY BROADBAND SPECTRUM

Sec. 101. Reallocation of 700 MHz D block spectrum for public safety use.CommentsClose CommentsPermalink





Sec. 102. Assignment of license to Corporation.CommentsClose CommentsPermalink





Sec. 103. Ensuring efficient and flexible use of 700 MHz public safety narrowband spectrum.CommentsClose CommentsPermalink





Sec. 104. Sharing of public safety broadband spectrum and network.CommentsClose CommentsPermalink





Sec. 105. Commission rules.CommentsClose CommentsPermalink





Sec. 106. FCC report on efficient use of public safety spectrum.CommentsClose CommentsPermalink

TITLE II--ADVANCED PUBLIC SAFETY COMMUNICATIONS

Subtitle A--Public Safety Broadband Network

Sec. 201. Establishment and operation of Public Safety Broadband Corporation.CommentsClose CommentsPermalink





Sec. 202. Public safety broadband network.CommentsClose CommentsPermalink





Sec. 203. Program Management Office.CommentsClose CommentsPermalink





Sec. 204. Representation before standards setting entities.CommentsClose CommentsPermalink





Sec. 205. GAO report on satellite broadband.CommentsClose CommentsPermalink





Sec. 206. Access to Federal supply schedules.CommentsClose CommentsPermalink





Sec. 207. Federal infrastructure sharing.CommentsClose CommentsPermalink





Sec. 208. Initial funding for Corporation.CommentsClose CommentsPermalink





Sec. 209. Permanent self-funding of Corporation and duty to collect certain fees.CommentsClose CommentsPermalink

Subtitle B--State, Local, and Tribal Planning and Implementation

Sec. 211. State, Local, and Tribal Planning and Implementation Fund.CommentsClose CommentsPermalink





Sec. 212. State, local, and tribal planning and implementation grant program.CommentsClose CommentsPermalink





Sec. 213. Public safety wireless facilities deployment.CommentsClose CommentsPermalink

Subtitle C--Public Safety Communications Research and Development

Sec. 221. NIST-directed public safety wireless communications research and development.CommentsClose CommentsPermalink

Subtitle D--Next Generation 9-1-1 Services

Sec. 231. Definitions.CommentsClose CommentsPermalink





Sec. 232. Coordination of 9-1-1 implementation.CommentsClose CommentsPermalink





Sec. 233. Requirements for multi-line telephone systems.CommentsClose CommentsPermalink





Sec. 234. GAO study of State and local use of 9-1-1 service charges.CommentsClose CommentsPermalink





Sec. 235. Parity of protection for provision or use of next generation 9-1-1 service.CommentsClose CommentsPermalink





Sec. 236. Commission proceeding on autodialing.CommentsClose CommentsPermalink





Sec. 237. NHTSA report on costs for requirements and specifications of Next Generation 9-1-1 services.CommentsClose CommentsPermalink





Sec. 238. FCC recommendations for legal and statutory framework for Next Generation 9-1-1 services.CommentsClose CommentsPermalink

TITLE III--SPECTRUM AUCTION AUTHORITY

Sec. 301. Deadlines for auction of certain spectrum.CommentsClose CommentsPermalink





Sec. 302. Incentive auction authority.CommentsClose CommentsPermalink

TITLE IV--PUBLIC SAFETY TRUST FUND

Sec. 401. Public Safety Trust Fund.CommentsClose CommentsPermalink

TITLE V--SPECTRUM POLICY

Sec. 501. Spectrum inventory.CommentsClose CommentsPermalink





Sec. 502. Federal spectrum planning.CommentsClose CommentsPermalink





Sec. 503. Reallocating Federal spectrum for commercial purposes and Federal spectrum sharing.CommentsClose CommentsPermalink





Sec. 504. Study on spectrum efficiency through receiver standards.CommentsClose CommentsPermalink





Sec. 505. Study on unlicensed use in the 5 GHz band.CommentsClose CommentsPermalink





Sec. 506. Report on availability of wireless equipment for the 700 MHz band.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) 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





(2) 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





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





(4) COMMERCIAL MOBILE DATA SERVICE- The term ‘commercial mobile data service’ means any mobile service (as defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153)) that is--CommentsClose CommentsPermalink





(A) a data service, which may include mobile broadband Internet access service and Internet Protocol-based applications;CommentsClose CommentsPermalink





(B) provided for profit; andCommentsClose CommentsPermalink





(C) available to the public or to such classes of eligible users as to be effectively available to the public.CommentsClose CommentsPermalink





(5) COMMERCIAL MOBILE SERVICE- The term ‘commercial mobile service’ has the meaning given such term in section 332(d)(1) of the Communications Act of 1934 (47 U.S.C. 332(d)(1)).CommentsClose CommentsPermalink





(6) COMMERCIAL STANDARDS- The term ‘commercial standards’ means the technical standards followed by the commercial mobile service and commercial mobile data service industries for network, device, and Internet Protocol connectivity. Such term includes standards developed by the Third Generation Partnership Project (3GPP), the Institute of Electrical and Electronics Engineers (IEEE), the Alliance for Telecommunications Industry Solutions (ATIS), and the Internet Engineering Task Force (IETF).CommentsClose CommentsPermalink





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





(8) CORE NETWORK- The term ‘core network’ means the core network described in section 202(b)(1).CommentsClose CommentsPermalink





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





(10) GOVERNOR- The term ‘Governor’ means the Governor or other chief executive officer of a State.CommentsClose CommentsPermalink





(11) GUARD BAND SPECTRUM- The term ‘guard band spectrum’ means the portion of the electromagnetic spectrum between the frequencies from 768 megahertz to 769 megahertz and between the frequencies from 798 megahertz to 799 megahertz.CommentsClose CommentsPermalink





(12) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).CommentsClose CommentsPermalink





(13) NARROWBAND SPECTRUM- The term ‘narrowband spectrum’ means the portion of the electromagnetic spectrum between the frequencies from 769 megahertz to 775 megahertz and between the frequencies from 799 megahertz to 805 megahertz.CommentsClose CommentsPermalink





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





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





(16) PROGRAM MANAGEMENT OFFICE- The term ‘Program Management Office’ means the office established under section 203(a).CommentsClose CommentsPermalink





(17) PUBLIC SAFETY ANSWERING POINT- The term ‘public safety answering point’ has the meaning given such term in section 222 of the Communications Act of 1934 (47 U.S.C. 222).CommentsClose CommentsPermalink





(18) PUBLIC SAFETY BROADBAND NETWORK- The term ‘public safety broadband network’ means the network described in section 202.CommentsClose CommentsPermalink





(19) PUBLIC SAFETY BROADBAND CORPORATION- The term ‘Public Safety Broadband Corporation’ or ‘Corporation’ means the corporation established under section 201(a)(1).CommentsClose CommentsPermalink





(20) PUBLIC SAFETY BROADBAND SPECTRUM- The term ‘public safety broadband spectrum’ means--CommentsClose CommentsPermalink





(A) the portion of the electromagnetic spectrum between the frequencies from 763 megahertz to 768 megahertz and between the frequencies from 793 megahertz to 798 megahertz; andCommentsClose CommentsPermalink





(B) the 700 MHz D block spectrum.CommentsClose CommentsPermalink





(21) PUBLIC SAFETY COMMUNICATIONS RESEARCH PROGRAM- The term ‘Public Safety Communications Research Program’ means the program that is housed within the Department of Commerce Labs in Boulder, Colorado, and that is a joint effort between the Office of Law Enforcement Standards of NIST and the Institute for Telecommunication Sciences of the NTIA.CommentsClose CommentsPermalink





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





(23) PUBLIC SAFETY SERVICES- The term ‘public safety services’ has the meaning given such term in section 337(f)(1) of the Communications Act of 1934 (47 U.S.C. 337(f)(1)).CommentsClose CommentsPermalink





(24) RADIO ACCESS NETWORK- The term ‘radio access network’ means the radio access network described in section 202(b)(2).CommentsClose CommentsPermalink





(25) STATE- The term ‘State’ means any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.CommentsClose CommentsPermalink





(26) STATE PUBLIC SAFETY BROADBAND OFFICE- The term ‘State Public Safety Broadband Office’ means an office established under section 212(d).CommentsClose CommentsPermalink





(27) TRIBAL- The term ‘tribal’ means, when used with respect to any entity, that such entity is a tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)).CommentsClose CommentsPermalink

SEC. 3. RULE OF CONSTRUCTION.

Each range of frequencies described in this Act shall be construed to be inclusive of the upper and lower frequencies in the range.CommentsClose CommentsPermalink

SEC. 4. ENFORCEMENT.

(a) In General- The Commission shall implement and enforce this Act as if this Act were a part of the Communications Act of 1934 (47 U.S.C. 151 et seq.). A violation of this Act, or a regulation promulgated under this Act, shall be considered to be a violation of the Communications Act of 1934, or a regulation promulgated under such Act, respectively.CommentsClose CommentsPermalink





(b) Exception- Subsection (a) does not apply in the case of a provision of this Act that is expressly required to be carried out by an agency (as defined in section 551 of title 5, United States Code) other than the Commission.CommentsClose CommentsPermalink

TITLE I--ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY BROADBAND SPECTRUMCommentsClose CommentsPermalink

SEC. 101. REALLOCATION OF 700 MHZ D BLOCK SPECTRUM FOR PUBLIC SAFETY USE.

(a) In General- The Commission shall reallocate the 700 MHz D block spectrum for use by public safety entities in accordance with the provisions of this Act.CommentsClose CommentsPermalink





(b) Quantity of Spectrum Allocated for Public Safety Use- Section 337(a) of the Communications Act of 1934 (47 U.S.C. 337(a)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘Not later than January 1, 1998, the’ and inserting ‘The’;CommentsClose CommentsPermalink





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





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

SEC. 102. ASSIGNMENT OF LICENSE TO CORPORATION.

(a) In General- Not later than the date that is 30 days after the date of the incorporation of the Public Safety Broadband Corporation under section 201(a), the Commission shall revoke the license for the public safety broadband spectrum and the guard band spectrum and assign a new, single license for the public safety broadband spectrum and the guard band spectrum to the Corporation for the purpose of ensuring the construction, management, maintenance, and operation of the public safety broadband network.CommentsClose CommentsPermalink





(b) Term-CommentsClose CommentsPermalink





(1) INITIAL LICENSE- The initial license assigned under subsection (a) shall be for a term of 10 years.CommentsClose CommentsPermalink





(2) RENEWAL OF LICENSE- Prior to the expiration of the term of the initial license assigned under subsection (a) or the expiration of any renewal of such license, the Corporation shall submit to the Commission an application for the renewal of such license in accordance with the Communications Act of 1934 (47 U.S.C. 151 et seq.) and any applicable Commission regulations. Such renewal application shall demonstrate that, during the term of the license that the Corporation is seeking to renew, the Corporation has fulfilled its duties and obligations under this Act and the Communications Act of 1934 and has complied with all applicable Commission regulations. A renewal of the initial license granted under subsection (a) or any renewal of such license shall be for a term not to exceed 10 years.CommentsClose CommentsPermalink





(c) Definition of Public Safety Services- Section 337(f)(1) of the Communications Act of 1934 (47 U.S.C. 337(f)(1)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking ‘to protect the safety of life, health, or property’ and inserting ‘to provide law enforcement, fire and rescue response, or emergency medical assistance (including such assistance provided by ambulance services, hospitals, and urgent care facilities)’; andCommentsClose CommentsPermalink





(2) in subparagraph (B)--CommentsClose CommentsPermalink





(A) in clause (i), by inserting ‘or tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b))’ before the semicolon; andCommentsClose CommentsPermalink





(B) in clause (ii), by inserting ‘or a tribal organization’ after ‘a governmental entity’.CommentsClose CommentsPermalink

SEC. 103. ENSURING EFFICIENT AND FLEXIBLE USE OF 700 MHZ PUBLIC SAFETY NARROWBAND SPECTRUM.

(a) License Requirements- The Commission may not renew a license to use the narrowband spectrum after the date of the enactment of this Act, or grant an application for an initial license to use such spectrum after the date that is 3 years after such date of enactment, unless the licensee or applicant demonstrates that failure of the Commission to renew such license or grant such application will--CommentsClose CommentsPermalink





(1) cause considerable economic hardship; orCommentsClose CommentsPermalink





(2) adversely impact the ability of the licensee or applicant to provide public safety services.CommentsClose CommentsPermalink





(b) Inventory- Not later than 6 months after the date of the enactment of this Act, the Commission shall complete and submit to the appropriate committees of Congress a State-by-State inventory of the use of the narrowband spectrum, current as of such date of enactment, including the numbers of base stations that are deployed and in day-to-day operation, the approximate number of users, the extent of interoperability among the deployed stations, and the approximate per-unit costs of mobile equipment.CommentsClose CommentsPermalink





(c) Flexible Use- In order to promote efficient spectrum use, the Commission may allow the narrowband spectrum and the guard band spectrum to be used in a flexible manner, including for public safety broadband communications, subject to such technical and interference protection measures as the Commission may require.CommentsClose CommentsPermalink

SEC. 104. SHARING OF PUBLIC SAFETY BROADBAND SPECTRUM AND NETWORK.

(a) Emergency Access by Non-Public Safety Entities-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding any limitation in section 337 of the Communications Act of 1934 (47 U.S.C. 337), upon the request of a State Public Safety Broadband Office, the Corporation may enter into agreements with entities in such State that are not public safety entities to permit such entities to obtain access on a secondary, preemptible basis to the public safety broadband spectrum in order to facilitate interoperability between such entities and public safety entities in protecting the safety of life, health, and property during emergencies and during preparation for and recovery from emergencies, including during emergency drills, exercises, and tests.CommentsClose CommentsPermalink





(2) PREEMPTION- The Corporation shall ensure that, under any agreements entered into under paragraph (1), public safety entities may preempt use of the public safety broadband spectrum by the entities with which the Corporation has entered into such agreements.CommentsClose CommentsPermalink





(b) Public-Private Partnerships- Notwithstanding any limitation in section 337 of the Communications Act of 1934 (47 U.S.C. 337), the Corporation may permit a private entity with which the Corporation contracts on behalf of public safety entities to construct, manage, maintain, or operate the core network or the radio access network, upon the request of such private entity, to--CommentsClose CommentsPermalink





(1) obtain access to the public safety broadband spectrum for services that are not public safety services; orCommentsClose CommentsPermalink





(2) share equipment or infrastructure of the public safety broadband network, including antennas and towers.CommentsClose CommentsPermalink





(c) Approval by Commission- The Corporation may not enter into an agreement under subsection (a) or (b)(1) without the approval of the Commission.CommentsClose CommentsPermalink





(d) Reinvestment- The Corporation shall use any funds the Corporation receives under the agreements entered into under subsections (a) and (b) to cover the administrative expenses of the Corporation for the fiscal year in which such funds are received and shall use any excess for the construction, management, maintenance, and operation of the public safety broadband network.CommentsClose CommentsPermalink





(e) Access by Federal Departments and Agencies- Notwithstanding any limitation in section 337 of the Communications Act of 1934 (47 U.S.C. 337), the Corporation shall enter into such written agreements as are necessary to permit Federal departments and agencies to have shared access to the public safety broadband spectrum on an equivalent basis in order to protect the safety of life, health, and property.CommentsClose CommentsPermalink





(f) Prohibition on Offering Commercial Services- The Corporation may not offer, provide, or market commercial telecommunications services or information services directly to the public.CommentsClose CommentsPermalink

SEC. 105. COMMISSION RULES.

(a) In General- In order to carry out the provisions of this Act, the Commission shall--CommentsClose CommentsPermalink





(1) adopt technical rules necessary to sufficiently manage spectrum use in bands adjacent to the public safety broadband spectrum;CommentsClose CommentsPermalink





(2) adopt rules requiring commercial mobile service providers and commercial mobile data service providers to offer roaming and priority access services to public safety entities at commercially reasonable terms and conditions if--CommentsClose CommentsPermalink





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





(B) the commercial provider is reasonably compensated; andCommentsClose CommentsPermalink





(C) such access does not unreasonably preempt or otherwise terminate or degrade existing voice conversations or data sessions;CommentsClose CommentsPermalink





(3) adopt technical rules governing the operation of the public safety broadband network in areas near the international borders of the United States;CommentsClose CommentsPermalink





(4) adopt rules ensuring the commercial availability of devices capable of operating in the public safety broadband spectrum, known as Band Class 14, at costs comparable to those of similar devices that are designed to operate in spectrum allocated for commercial use; andCommentsClose CommentsPermalink





(5) consider the adoption of such other rules as the Commission determines are necessary.CommentsClose CommentsPermalink





(b) Deadline- The Commission shall adopt the rules required by paragraphs (1) through (4) of subsection (a) not later than 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(c) Consultation- In adopting rules under subsection (a) (or considering the adoption of rules under paragraph (5) of such subsection), the Commission shall consult with the Director of the Office of Emergency Communications in the Department of Homeland Security, the Assistant Secretary, the Director of NIST, and the Public Safety Communications Research Program.CommentsClose CommentsPermalink

SEC. 106. FCC REPORT ON EFFICIENT USE OF PUBLIC SAFETY SPECTRUM.

(a) In General- Not later than 180 days after the date of the enactment of this Act and every 2 years thereafter, the Commission shall, in consultation with the Assistant Secretary and the Director of NIST, conduct a study and submit to the appropriate committees of Congress a report on the spectrum allocated for public safety use.CommentsClose CommentsPermalink





(b) Contents- The report required by subsection (a) shall include--CommentsClose CommentsPermalink





(1) an examination of how such spectrum is being used;CommentsClose CommentsPermalink





(2) recommendations on how such spectrum may be used more efficiently;CommentsClose CommentsPermalink





(3) an assessment of the feasibility of public safety entities relocating from other bands to the public safety broadband spectrum; andCommentsClose CommentsPermalink





(4) an assessment of whether any spectrum made available by the relocation described in paragraph (3) could be returned to the Commission for reassignment through auction, including through use of incentive auction authority under subparagraph (G) of section 309(j)(8) of the Communications Act of 1934, as added by section 302(a).CommentsClose CommentsPermalink

TITLE II--ADVANCED PUBLIC SAFETY COMMUNICATIONSCommentsClose CommentsPermalink

Subtitle A--Public Safety Broadband NetworkCommentsClose CommentsPermalink

SEC. 201. ESTABLISHMENT AND OPERATION OF PUBLIC SAFETY BROADBAND CORPORATION.

(a) Establishment-CommentsClose CommentsPermalink





(1) IN GENERAL- There is authorized to be established a private, nonprofit corporation to be known as the Public Safety Broadband Corporation, which will not be an agency or establishment of the United States Government or the District of Columbia government.CommentsClose CommentsPermalink





(2) GOVERNING LAW- The Corporation shall be subject to the provisions of this Act and, to the extent consistent with this Act, the District of Columbia Nonprofit Corporation Act (sec. 29-301.01 et seq., D.C. Official Code). The Corporation shall have the usual powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act.CommentsClose CommentsPermalink





(3) INCORPORATION- The members of the initial Board of Directors of the Corporation shall serve as the incorporators of the Corporation and shall take the necessary steps to establish the Corporation under the District of Columbia Nonprofit Corporation Act. The Corporation shall notify the Commission of the date of its incorporation as soon as possible after such incorporation.CommentsClose CommentsPermalink





(4) INITIAL BYLAWS- The members of the initial Board of Directors of the Corporation shall establish the initial bylaws of the Corporation.CommentsClose CommentsPermalink





(5) 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





(b) Board of Directors-CommentsClose CommentsPermalink





(1) MEMBERSHIP AND APPOINTMENT- The management of the Corporation shall be vested in a Board of Directors, which shall consist of 15 members, as follows:CommentsClose CommentsPermalink





(A) FEDERAL MEMBERS- Four Federal members, or their designees, as follows:CommentsClose CommentsPermalink





(i) The Secretary of Commerce.CommentsClose CommentsPermalink





(ii) The Secretary of Homeland Security.CommentsClose CommentsPermalink





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





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





(B) NON-FEDERAL PUBLIC-SECTOR MEMBERS- Seven non-Federal public-sector members, representing both urban and rural interests, appointed by the Secretary of Commerce, as follows:CommentsClose CommentsPermalink





(i) STATE GOVERNORS- Two members, each of whom is the Governor of a State, or their designees.CommentsClose CommentsPermalink





(ii) LOCAL AND TRIBAL GOVERNMENT MEMBERS- Two members, each of whom is the chief executive officer of a political subdivision of a State or an Indian tribe, or their designees.CommentsClose CommentsPermalink





(iii) PUBLIC SAFETY ENTITY EMPLOYEES- Three members, each of whom is employed by a public safety entity and possesses one or more of the following qualifications:CommentsClose CommentsPermalink





(I) Experience with emergency preparedness and response.CommentsClose CommentsPermalink





(II) Technical expertise with public safety radio communications.CommentsClose CommentsPermalink





(III) Operational experience with 9-1-1 emergency services.CommentsClose CommentsPermalink





(IV) Training in hospital or urgent medical care.CommentsClose CommentsPermalink





(C) PRIVATE-SECTOR MEMBERS- Four private-sector members, appointed by the Secretary of Commerce, each of whom has extensive experience implementing commercial standards in the design, development, and operation of commercial mobile data service networks.CommentsClose CommentsPermalink





(2) INDEPENDENCE OF NON-FEDERAL PUBLIC-SECTOR AND PRIVATE-SECTOR MEMBERS-CommentsClose CommentsPermalink





(A) IN GENERAL- Each non-Federal public-sector member and each private-sector member of the Board of Directors appointed under paragraph (1) shall be independent and neutral.CommentsClose CommentsPermalink





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





(i) may not, other than in the capacity of such member as a member of the Board or a committee thereof, accept any consulting, advisory, or other compensatory fee from the Corporation; andCommentsClose CommentsPermalink





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





(3) FEDERAL EMPLOYMENT STATUS- The non-Federal public-sector members and the private-sector members of the Board of Directors shall not, by reason of membership on the Board, be considered to be officers or employees of the United States Government or the District of Columbia government.CommentsClose CommentsPermalink





(4) CITIZENSHIP- Each non-Federal public-sector member and each private-sector member of the Board of Directors shall be a citizen of the United States.CommentsClose CommentsPermalink





(5) TERMS OF APPOINTMENT-CommentsClose CommentsPermalink





(A) INITIAL APPOINTMENT DEADLINE- The initial non-Federal public-sector members and the initial private-sector members of the Board of Directors shall be appointed not later than 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(B) TERMS-CommentsClose CommentsPermalink





(i) LENGTH-CommentsClose CommentsPermalink





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





(II) NON-FEDERAL PUBLIC-SECTOR AND PRIVATE-SECTOR MEMBERS- The term of office of each non-Federal public-sector member and each private-sector member of the Board of Directors shall be 3 years. Such a member may not serve more than 2 full terms consecutively.CommentsClose CommentsPermalink





(ii) EXPIRATION OF TERM- Any non-Federal public-sector member or private-sector member of the Board of Directors whose term has expired may serve until such member’s successor has taken office, or until the end of the calendar year in which such member’s term has expired, whichever is earlier.CommentsClose CommentsPermalink





(iii) APPOINTMENT TO FILL VACANCY- A non-Federal public-sector member or private-sector member of the Board of Directors 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





(iv) STAGGERED TERMS- With respect to the initial non-Federal public-sector members and the initial private-sector members of the Board of Directors--CommentsClose CommentsPermalink





(I) four members shall serve for a term of 3 years;CommentsClose CommentsPermalink





(II) four members shall serve for a term of 2 years; andCommentsClose CommentsPermalink





(III) three members shall serve for a term of 1 year.CommentsClose CommentsPermalink





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





(6) CHAIR-CommentsClose CommentsPermalink





(A) SELECTION- The Chair of the Board of Directors shall be selected by the Secretary of Commerce from among the non-Federal public-sector members and the private-sector members of the Board.CommentsClose CommentsPermalink





(B) TERM- The term of office of the Chair of the Board of Directors shall be 2 years, and an individual may not serve more than 2 consecutive terms.CommentsClose CommentsPermalink





(7) REMOVAL-CommentsClose CommentsPermalink





(A) BY SECRETARY OF COMMERCE- The Secretary of Commerce may remove, for good cause--CommentsClose CommentsPermalink





(i) the Chair of the Board of Directors; orCommentsClose CommentsPermalink





(ii) any non-Federal public-sector member or private-sector member of the Board of Directors.CommentsClose CommentsPermalink





(B) BY BOARD- The members of the Board of Directors may, by majority vote--CommentsClose CommentsPermalink





(i) remove any non-Federal public-sector member or private-sector member of the Board for conduct determined by the Board to be detrimental to the Board or to the Corporation; orCommentsClose CommentsPermalink





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





(8) MEETINGS-CommentsClose CommentsPermalink





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





(i) at the call of the Chair of the Board; andCommentsClose CommentsPermalink





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





(B) TRANSPARENCY- Meetings of the Board of Directors, and meetings of any committees 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





(9) QUORUM- Eight members of the Board of Directors, including not fewer than 6 non-Federal public-sector members or private-sector members, shall constitute a quorum.CommentsClose CommentsPermalink





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





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





(12) PROHIBITION AGAINST COMPENSATION- A member of the Board of Directors shall serve without pay, and shall not otherwise benefit, directly or indirectly, as a result of the member’s service to the Corporation, but shall be allowed a per diem 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





(c) Chief Executive Officer and Employees-CommentsClose CommentsPermalink





(1) IN GENERAL- The Corporation shall have 1 officer, a Chief Executive Officer, and such employees as may be necessary to carry out the duties and responsibilities of the Corporation under this title and title I, for such terms, and at such rates of compensation in accordance with paragraph (5), as the Board of Directors of the Corporation considers appropriate. The Chief Executive Officer and the employees shall serve at the pleasure of the Board of Directors.CommentsClose CommentsPermalink





(2) QUALIFICATIONS OF CEO- The Chief Executive Officer shall have extensive experience in the deployment, management, or design of commercial mobile data service networks.CommentsClose CommentsPermalink





(3) CITIZENSHIP- The Chief Executive Officer and the employees of the Corporation shall be citizens of the United States.CommentsClose CommentsPermalink





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





(5) COMPENSATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The Board of Directors may fix the compensation of the Chief Executive Officer and the employees hired under this subsection, as necessary to carry out the duties and responsibilities of the Corporation under this title and title I, except that--CommentsClose CommentsPermalink





(i) the rate of compensation for the Chief Executive Officer or any employee may not exceed the maximum rate of basic pay established under section 5382 of title 5, United States Code, for a member of the Senior Executive Service; andCommentsClose CommentsPermalink





(ii) notwithstanding any other provision of law except clause (i), or any bylaw of the Corporation, all rates of compensation, including benefit plans and salary ranges, for the Chief Executive Officer and the employees shall be jointly approved by a majority of the Federal members of the Board.CommentsClose CommentsPermalink





(B) LIMITATION ON OTHER COMPENSATION- Neither the Chief Executive Officer nor any employee of the Corporation may receive any salary or other compensation (except for compensation for service on boards of directors of other organizations that do not receive funds from the Corporation, on committees of such boards, and in similar activities for such organizations) from any sources other than the Corporation for services rendered during the period of the employment of the Chief Executive Officer or employee, respectively, by the Corporation.CommentsClose CommentsPermalink





(C) SERVICE ON OTHER BOARDS- Service by the Chief Executive Officer or any employee of the Corporation on a board of directors of another organization, on a committee of such a board, or in a similar activity for such an organization shall be subject to annual advance approval by the Board of Directors.CommentsClose CommentsPermalink





(D) FEDERAL EMPLOYMENT STATUS- Neither the Chief Executive Officer nor any employee of the Corporation shall be considered to be an officer or employee of the United States Government or the District of Columbia government.CommentsClose CommentsPermalink





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





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





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





(e) Nonprofit and Nonpolitical Nature of Corporation-CommentsClose CommentsPermalink





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





(2) PROFIT- No part of the income or assets of the Corporation shall inure to the benefit of any director, officer, employee, or any other individual associated with the Corporation, except as salary or reasonable compensation for services.CommentsClose CommentsPermalink





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





(4) PROHIBITION ON LOBBYING ACTIVITIES- The Corporation may not engage in lobbying activities (as defined in section 3(7) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(7))).CommentsClose CommentsPermalink





(f) General Powers- In addition to the powers granted to the Corporation by any other provision of law, the Corporation shall have the authority to do the 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 the Board of Directors, 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 the Board of Directors, all powers specifically granted to the Corporation by the provisions of this title and title I, and such incidental powers as shall be 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 spend amounts obtained 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





(9) To establish reserve accounts with funds that the Corporation may receive from time to time that exceed the amounts required by the Corporation to timely pay its debt service and other obligations.CommentsClose CommentsPermalink





(10) To expend the funds placed in any reserve accounts established under paragraph (9) (including interest earned on any such amounts) in a manner authorized by the Board, but only for purposes that--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





(11) To take such other actions as the Corporation, through the Board of Directors, may from time to time determine necessary, appropriate, or advisable to accomplish the purposes of this title and title I.CommentsClose CommentsPermalink





(g) Principal Powers- In addition to the powers granted to the Corporation by any other provision of law, the Corporation shall have the power--CommentsClose CommentsPermalink





(1) to hold the single license for the public safety broadband spectrum and the guard band spectrum assigned by the Commission under section 102(a);CommentsClose CommentsPermalink





(2) to take all actions necessary to ensure the construction, management, maintenance, and operation of the public safety broadband network, in consultation with Federal users of the network, public safety entities, the Commission, and the Technical and Operations Advisory Body established under subsection (h), including by--CommentsClose CommentsPermalink





(A) ensuring the use of commercial standards;CommentsClose CommentsPermalink





(B) issuing open, transparent, and competitive requests for proposals to private-sector entities for the purpose of constructing, managing, maintaining, and operating the public safety broadband network;CommentsClose CommentsPermalink





(C) entering into and overseeing the performance of contracts or agreements with private-sector entities to construct, manage, maintain, and operate the public safety broadband network;CommentsClose CommentsPermalink





(D) leveraging, to the maximum extent possible, existing commercial, private, and public infrastructure to reduce costs, supplement network capacity, and speed deployment of the network;CommentsClose CommentsPermalink





(E) entering into roaming and priority access agreements with providers of commercial mobile service and commercial mobile data service to allow users of the public safety broadband network to obtain such services across the networks of such providers;CommentsClose CommentsPermalink





(F) entering into sharing agreements under section 104; andCommentsClose CommentsPermalink





(G) exercising discretion in using and disbursing the funds received under section 401(b)(4); andCommentsClose CommentsPermalink





(3) to establish the Program Management Office and delegate functions to such Office, in accordance with section 203.CommentsClose CommentsPermalink





(h) Technical and Operations Advisory Body-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- In addition to such other standing or ad hoc committees, panels, or councils as the Board of Directors considers necessary, the Corporation shall establish a Technical and Operations Advisory Body, which shall provide advice to the Corporation with respect to operational and technical matters related to public safety communications and commercial mobile data service.CommentsClose CommentsPermalink





(2) MEMBERSHIP- The Technical and Operations Advisory Body shall be composed of such representatives as the Board of Directors considers appropriate, including representatives of the following:CommentsClose CommentsPermalink





(A) Public safety entities.CommentsClose CommentsPermalink





(B) State, local, and tribal entities that use the public safety broadband network.CommentsClose CommentsPermalink





(C) Public safety answering points.CommentsClose CommentsPermalink





(D) One or more of the 10 regional organizational units of the Federal Emergency Management Agency.CommentsClose CommentsPermalink





(E) The Bureau of Indian Affairs.CommentsClose CommentsPermalink





(F) The Office of Science and Technology Policy.CommentsClose CommentsPermalink





(G) The Public Safety Communications Research Program.CommentsClose CommentsPermalink





(H) Providers of commercial mobile data service and vendors of equipment, devices, and software used to provide and access such service.CommentsClose CommentsPermalink





(i) Audits and Reports by GAO-CommentsClose CommentsPermalink





(1) AUDITS-CommentsClose CommentsPermalink





(A) 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 annually by the Comptroller General of the United States 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.CommentsClose CommentsPermalink





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





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





(i) IN GENERAL- For purposes of an audit conducted under subparagraph (A), 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





(ii) 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





(2) REPORTS-CommentsClose CommentsPermalink





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





(i) the appropriate committees of Congress;CommentsClose CommentsPermalink





(ii) the President; andCommentsClose CommentsPermalink





(iii) the Corporation.CommentsClose CommentsPermalink





(B) CONTENTS- Each report submitted under subparagraph (A) shall contain--CommentsClose CommentsPermalink





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





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





(iii) 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





(j) Annual Report to Congress-CommentsClose CommentsPermalink





(1) 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





(2) REQUIRED CONTENT- The report required under paragraph (1) shall include--CommentsClose CommentsPermalink





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





(B) an analysis of the continued need for the Program Management Office and opportunities for reductions in staffing levels or scope of work in light of progress made in network deployment, including the requests for proposals process; andCommentsClose CommentsPermalink





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





(3) AVAILABILITY TO TESTIFY- The directors, employees, and agents and the Chief Executive Officer of the Corporation shall be available to testify before the appropriate committees of the Congress with respect to--CommentsClose CommentsPermalink





(A) the report required under paragraph (1);CommentsClose CommentsPermalink





(B) the report of any audit made by the Comptroller General under subsection (i); orCommentsClose CommentsPermalink





(C) any other matter which such committees may consider appropriate.CommentsClose CommentsPermalink





(k) Prohibition Against Negotiation With Foreign Governments- The Corporation may not negotiate or enter into any agreements with a foreign government on behalf of the United States.CommentsClose CommentsPermalink





(l) 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. 202. PUBLIC SAFETY BROADBAND NETWORK.

(a) Establishment- The Corporation shall ensure the establishment of a nationwide, interoperable public safety broadband network.CommentsClose CommentsPermalink





(b) Network Components- The public safety broadband network shall be based on a single, national network architecture that evolves with technological advancements and initially consists of the following:CommentsClose CommentsPermalink





(1) A core network that--CommentsClose CommentsPermalink





(A) consists of national and regional data centers, and other elements and functions that may be distributed geographically, all of which shall be based on commercial standards; andCommentsClose CommentsPermalink





(B) provides the connectivity between--CommentsClose CommentsPermalink





(i) the radio access network; andCommentsClose CommentsPermalink





(ii) the public Internet or the public switched network, or both.CommentsClose CommentsPermalink





(2) A radio access network that--CommentsClose CommentsPermalink





(A) is deployed on a State-by-State or multi-State basis;CommentsClose CommentsPermalink





(B) consists of all cell site equipment, antennas, and backhaul equipment, based on commercial standards, that are required to enable wireless communications with devices using the public safety broadband spectrum; andCommentsClose CommentsPermalink





(C) shall be developed, constructed, managed, maintained, and operated taking into account the plans developed in the State, local, and tribal planning and implementation grant program under section 212.CommentsClose CommentsPermalink





(c) Deployment Standards- The Corporation shall, through the administration of the requests-for-proposals process and oversight of contracts delegated to the Program Management Office--CommentsClose CommentsPermalink





(1) ensure that the core network and the radio access network are deployed as networks are typically deployed by commercial mobile data service providers;CommentsClose CommentsPermalink





(2) promote competition in the public safety equipment market by requiring that equipment for use on the public safety broadband network be--CommentsClose CommentsPermalink





(A) built to open, nonproprietary, commercial standards;CommentsClose CommentsPermalink





(B) capable of being used by any public safety entity and accessed by devices manufactured by multiple vendors; andCommentsClose CommentsPermalink





(C) backward-compatible with prior generations of commercial mobile service and commercial mobile data service networks to the extent typically deployed by providers of commercial mobile service and commercial mobile data service; andCommentsClose CommentsPermalink





(3) ensure that the public safety broadband network is integrated with public safety answering points, or the equivalent of public safety answering points, and with networks for the provision of Next Generation 9-1-1 services (as defined in section 231).CommentsClose CommentsPermalink





(d) Procurement- In all procurement related to the core network and the radio access network, the Corporation shall use an open, competitive bidding process that--CommentsClose CommentsPermalink





(1) details the required framework and architecture of such networks, the general specifications of the work requested, and the service-delivery responsibilities of successful bidders;CommentsClose CommentsPermalink





(2) provides for the award of subcontracts; andCommentsClose CommentsPermalink





(3) prohibits, except in the case of minor upgrades--CommentsClose CommentsPermalink





(A) sole-source contracts; andCommentsClose CommentsPermalink





(B) requirements for design proprietary to any individual vendor.CommentsClose CommentsPermalink





(e) Network Infrastructure and Device Criteria- The Director of NIST, in consultation with the Corporation and the Commission, shall develop and periodically update a list of approved devices and components meeting appropriate protocols and standards. A device or component may not be used on the public safety broadband network unless it appears on such list.CommentsClose CommentsPermalink

SEC. 203. PROGRAM MANAGEMENT OFFICE.

(a) Establishment- The Corporation shall establish and staff a Program Management Office within the Corporation, or award a network management services contract to a private entity to establish and staff such an office. Any such contract shall be awarded through an open, competitive bidding process and shall be subject to approval by the Secretary of Commerce.CommentsClose CommentsPermalink





(b) Accountability- The actions of the Program Management Office shall be subject to review by the Corporation.CommentsClose CommentsPermalink





(c) Independence- For the duration of any contract between the Program Management Office and the Corporation, the Program Management Office may not have a material financial interest in the outcome of any request for proposals of the Corporation or a material financial interest in any contract or agreement entered into by the Corporation.CommentsClose CommentsPermalink





(d) Duties- Subject to the determination of the Corporation of the continuing need and appropriate scale of the Program Management Office, the Program Management Office shall--CommentsClose CommentsPermalink





(1) be responsible for carrying out the day-to-day activities of the Corporation, including ensuring uniformity of deployments of and upgrades to the public safety broadband network to preserve nationwide interoperability and economies of scale in network equipment and device costs;CommentsClose CommentsPermalink





(2) develop and recommend for adoption by the Corporation a nationwide plan for the deployment of the public safety broadband network;CommentsClose CommentsPermalink





(3) create a template for use by a State Public Safety Broadband Office receiving a grant under section 212(a) in transmitting the plans developed under such section to the Program Management Office;CommentsClose CommentsPermalink





(4) create, for approval by the Corporation--CommentsClose CommentsPermalink





(A) baseline criteria for a request for proposals for the construction, management, maintenance, and operation of the core network; andCommentsClose CommentsPermalink





(B) baseline criteria for requests for proposals for the construction, management, maintenance, and operation of the radio access network;CommentsClose CommentsPermalink





(5) in consultation with State Public Safety Broadband Offices, evaluate responses to the requests for proposals described in paragraph (4);CommentsClose CommentsPermalink





(6) administer and oversee, and verify and validate the performance of, contracts entered into by the Corporation with entities the proposals of which the Corporation accepts;CommentsClose CommentsPermalink





(7) in consultation with State Public Safety Broadband Offices, the Office of Emergency Communications in the Department of Homeland Security, and the Commission, implement an awareness campaign in order to stimulate nationwide adoption of the public safety broadband network by public safety entities;CommentsClose CommentsPermalink





(8) in consultation with State Public Safety Broadband Offices, assess the progress of the construction and adoption of the public safety broadband network and report to the Corporation regarding such progress at such intervals as the Corporation requests, but no less frequently than biannually; andCommentsClose CommentsPermalink





(9) in consultation with State Public Safety Broadband Offices, develop a strategy for the Corporation on the distribution of public funding provided under section 401(b)(4) for the construction, management, maintenance, and operation of the public safety broadband network.CommentsClose CommentsPermalink





(e) Development and Evaluation of Requests for Proposals- In developing requests for proposals with respect to the core network and the radio access network, the Program Management Office shall, on a State-by-State or multi-State basis, seek proposals and recommend for acceptance by the Corporation proposals that--CommentsClose CommentsPermalink





(1) are based on commercial standards and are backward-compatible with existing commercial mobile service and commercial mobile data service networks;CommentsClose CommentsPermalink





(2) maximize use of existing infrastructure of commercial entities and of Federal, State, and tribal entities, including existing public safety infrastructure;CommentsClose CommentsPermalink





(3) provide for the selection on a localized basis of network options that remain consistent with the national network architecture;CommentsClose CommentsPermalink





(4) incorporate deployable network assets, vehicular repeaters, and other equipment as a means to provide additional coverage and capacity as may be required;CommentsClose CommentsPermalink





(5) ensure a nationwide level of interoperability;CommentsClose CommentsPermalink





(6) provide economies of scale in equipment and device costs comparable to those in the commercial marketplace, including the costs of devices capable of operating in Band Class 14;CommentsClose CommentsPermalink





(7) promote competition in the network equipment and device markets;CommentsClose CommentsPermalink





(8) ensure coverage of rural and underserved areas;CommentsClose CommentsPermalink





(9) take into account the need for the relocation of any incumbent public safety narrowband operations from the public safety broadband spectrum;CommentsClose CommentsPermalink





(10) enable technology upgrades at a pace comparable to that occurring in the commercial mobile service and commercial mobile data service marketplaces;CommentsClose CommentsPermalink





(11) ensure the reliability, security, and resiliency of the network, including through measures for--CommentsClose CommentsPermalink





(A) protecting and monitoring the cybersecurity of the network; andCommentsClose CommentsPermalink





(B) managing supply chain risks to the network; andCommentsClose CommentsPermalink





(12) incorporate results from the 700 MHz demonstration network managed by the Public Safety Communications Research Program.CommentsClose CommentsPermalink





(f) Consultation With Technical and Operations Advisory Body- In carrying out its responsibilities, the Program Management Office shall regularly meet and consult with the Technical and Operations Advisory Body established under section 201(h).CommentsClose CommentsPermalink

SEC. 204. REPRESENTATION BEFORE STANDARDS SETTING ENTITIES.

The Corporation, in consultation with the Director of NIST, the Commission, and the Technical and Operations Advisory Body established under section 201(h), shall represent the interests of Federal departments and agencies and public safety entities using the public safety broadband network before any appropriate standards development organizations that address issues that in the judgment of the Corporation are relevant and important to the public safety broadband network.CommentsClose CommentsPermalink

SEC. 205. GAO REPORT ON SATELLITE BROADBAND.

Not later than 2 years after the date of the 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 for use by public safety entities.CommentsClose CommentsPermalink

SEC. 206. ACCESS TO FEDERAL SUPPLY SCHEDULES.

Section 502 of title 40, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (f) as subsection (g); andCommentsClose CommentsPermalink





(2) by inserting after subsection (e) the following new subsection:CommentsClose CommentsPermalink





‘(f) Use of Supply Schedules by Public Safety Broadband Corporation for Certain Goods and Services-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Administrator may provide, to the extent practicable, for the use by the Public Safety Broadband Corporation of Federal supply schedules for the following:CommentsClose CommentsPermalink





‘(A) Roaming and priority access services offered by providers of commercial mobile service and commercial mobile data service.CommentsClose CommentsPermalink





‘(B) Broadband network equipment, devices, and applications that are suitable for use on the public safety broadband network.CommentsClose CommentsPermalink





‘(2) DEFINITIONS- In this subsection--CommentsClose CommentsPermalink





‘(A) the terms ‘commercial mobile data service’ and ‘public safety broadband network’ have the meanings given such terms in section 2 of the Wireless Innovation and Public Safety Act of 2011;CommentsClose CommentsPermalink





‘(B) the term ‘commercial mobile service’ has the meaning given such term in section 332(d)(1) of the Communications Act of 1934 (47 U.S.C. 332(d)(1)); andCommentsClose CommentsPermalink





‘(C) the term ‘Public Safety Broadband Corporation’ means the corporation established under section 201(a)(1) of the Wireless Innovation and Public Safety Act of 2011.’.CommentsClose CommentsPermalink

SEC. 207. FEDERAL INFRASTRUCTURE SHARING.

The Administrator of General Services shall establish rules to allow the Corporation, on behalf of public safety entities, to have access to such components of Federal infrastructure as are appropriate for the construction and maintenance of the public safety broadband network.CommentsClose CommentsPermalink

SEC. 208. INITIAL FUNDING FOR CORPORATION.

(a) In General- There is appropriated to the Assistant Secretary $50,000,000 for use in accordance with subsection (b), to remain available until the commencement of incentive auctions to be carried out under subparagraph (G) of section 309(j)(8) of the Communications Act of 1934, as added by section 302(a), or the auction of spectrum pursuant to subsection (a)(1) or (b)(1) of section 301.CommentsClose CommentsPermalink





(b) Use of Funds- The Assistant Secretary shall use the funds appropriated under subsection (a)--CommentsClose CommentsPermalink





(1) for reasonable administrative expenses and other costs associated with the establishment of the Corporation; andCommentsClose CommentsPermalink





(2) subject to subsection (c), for transfer to the Corporation of an amount the Assistant Secretary considers necessary for the Corporation to carry out its duties and responsibilities under this title and title I prior to the 1st fiscal year for which the Corporation projects that the fees collected under section 209 will be sufficient to cover the total expenses of the Corporation for such fiscal year.CommentsClose CommentsPermalink





(c) Conditions- The Assistant Secretary may not transfer any funds under subsection (b)(2) unless the Corporation files with the Assistant Secretary--CommentsClose CommentsPermalink





(1) an estimated budget for the period between the filing and the beginning of the 1st fiscal year for which the Corporation projects that the fees collected under section 209 will be sufficient to cover the total expenses of the Corporation for such fiscal year; andCommentsClose CommentsPermalink





(2) a statement of the anticipated use of the funds transferred.CommentsClose CommentsPermalink





(d) Reinvestment of Excess Funds- Beginning with the 1st fiscal year in which the Corporation collects fees under section 209 in excess of the total expenses of the Corporation in carrying out its duties and responsibilities under this title and title I for such fiscal year, the Corporation shall use any remaining amount of the funds transferred under subsection (b)(2) only to ensure the construction, management, maintenance, and operation of the public safety broadband network.CommentsClose CommentsPermalink

SEC. 209. PERMANENT SELF-FUNDING OF CORPORATION AND DUTY TO COLLECT CERTAIN FEES.

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





(1) NETWORK USER FEES- A user or subscription fee from each public safety entity and Federal department or agency that seeks access to or use of the public safety broadband network.CommentsClose CommentsPermalink





(2) SHARING ARRANGEMENT FEES- A fee from each entity with which the Corporation enters into a sharing arrangement under section 104.CommentsClose CommentsPermalink





(b) Establishment of Fee Amounts- The total amount of the fees assessed for each fiscal year under this section shall be sufficient, and to the extent practicable shall not exceed the amount necessary, to cover the total expenses of the Corporation in carrying out its duties and responsibilities under this title and title I for such fiscal year.CommentsClose CommentsPermalink





(c) Required Reinvestment of Excess Funds- If, in a fiscal year, the Corporation collects fees under this section in excess of the total expenses of the Corporation in carrying out its duties and responsibilities under this title and title I for such fiscal year, the Corporation shall use the excess only to ensure the construction, management, maintenance, and operation of the public safety broadband network.CommentsClose CommentsPermalink

Subtitle B--State, Local, and Tribal Planning and ImplementationCommentsClose CommentsPermalink

SEC. 211. STATE, LOCAL, AND TRIBAL PLANNING AND IMPLEMENTATION FUND.

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





(b) Purpose- The Assistant Secretary shall establish and administer the grant program under section 212 using the funds deposited in the State, Local, and Tribal Planning and Implementation Fund.CommentsClose CommentsPermalink





(c) Crediting of Receipts- There shall be deposited into or credited to the State, Local, and Tribal Planning and 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 212.CommentsClose CommentsPermalink





(2) REIMBURSEMENT- The Assistant Secretary shall reimburse the general fund of the Treasury, without interest, for any amounts borrowed under paragraph (1) as funds are deposited into the State, Local, and Tribal Planning and Implementation Fund.CommentsClose CommentsPermalink

SEC. 212. STATE, LOCAL, AND TRIBAL PLANNING AND IMPLEMENTATION GRANT PROGRAM.

(a) Establishment of 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 each State Public Safety Broadband Office established under subsection (d) to assist State, local, and tribal public safety entities within such State in carrying out the following activities:CommentsClose CommentsPermalink





(1) Identifying and planning the most efficient and effective use and integration by such entities of the spectrum and the infrastructure, equipment, and other architecture associated with the public safety broadband network to satisfy the wireless communications and data services needs of such entities.CommentsClose CommentsPermalink





(2) Identifying opportunities for creating a consortium with one or more other States to assist the Program Management Office in developing a single request for proposals to serve the common network requirements of the States in the consortium.CommentsClose CommentsPermalink





(3) Identifying the particular assets and specialized needs of the public safety entities located within such State for inclusion in requests for proposals with respect to the radio access network. Such assets may include available towers and infrastructure. Such needs may include the projected number of users, preferred buildout timeframes, special coverage needs, special hardening, reliability, security, and resiliency needs, local user priority assignments, and integration needs of public safety answering points and emergency operations centers.CommentsClose CommentsPermalink





(4) Transmitting the plans developed under this subsection to the Program Management Office using the template developed under section 203(d)(3).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 date of the incorporation of the Corporation under section 201(a), 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) State Public Safety Broadband Offices- A State wishing to receive a grant under this section shall establish a State Public Safety Broadband Office to carry out the activities described in subsection (a). The Assistant Secretary may not accept a grant application unless such application certifies that the State has established such an office.CommentsClose CommentsPermalink

SEC. 213. PUBLIC SAFETY WIRELESS FACILITIES DEPLOYMENT.

(a) In General- Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104-104) or any other provision of law, a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower that does not substantially change the physical dimensions of such tower.CommentsClose CommentsPermalink





(b) Eligible Facilities Request- In this section, the term ‘eligible facilities request’ means a request that--CommentsClose CommentsPermalink





(1) is for a modification of an existing wireless tower that involves--CommentsClose CommentsPermalink





(A) collocation of new transmission equipment;CommentsClose CommentsPermalink





(B) removal of transmission equipment; orCommentsClose CommentsPermalink





(C) replacement of transmission equipment; andCommentsClose CommentsPermalink





(2) is made by an entity that enters into a contract with the Corporation to construct, manage, maintain, or operate the public safety broadband network for purposes of performing work under such contract.CommentsClose CommentsPermalink

Subtitle C--Public Safety Communications Research and DevelopmentCommentsClose CommentsPermalink

SEC. 221. NIST-DIRECTED PUBLIC SAFETY WIRELESS COMMUNICATIONS RESEARCH AND DEVELOPMENT.

(a) In General- 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 subsection (a), the Director of NIST, in consultation with the Corporation and the Technical and Operations Advisory Body established under section 201(h), shall--CommentsClose CommentsPermalink





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





(2) accelerate the development of the capability for communications between currently deployed public safety narrowband systems and the public safety broadband network;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 communications, including device-to-device talkaround capability over broadband networks, public safety prioritization, authentication capabilities, and standard application programming interfaces, 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 public safety broadband network;CommentsClose CommentsPermalink





(6) ensure the development and testing of new, interoperable, nonproprietary broadband technologies (including applications, devices, and device components) that are designed to open standards to meet the needs of public safety entities;CommentsClose CommentsPermalink





(7) seek to develop technologies, standards, processes, and architectures that provide a significant improvement in network security, resiliency, and trustworthiness; andCommentsClose CommentsPermalink





(8) convene working groups of relevant government and commercial parties in carrying out paragraphs (1) through (7).CommentsClose CommentsPermalink

Subtitle D--Next Generation 9-1-1 ServicesCommentsClose CommentsPermalink

SEC. 231. DEFINITIONS.

In this subtitle:CommentsClose CommentsPermalink





(1) 9-1-1 SERVICES, E9-1-1 SERVICES, NEXT GENERATION 9-1-1 SERVICES- The terms ‘9-1-1 services, E9-1-1 services, and Next Generation 9-1-1 services’ shall have the meaning given those terms in section 158 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942), as amended by this Act.CommentsClose CommentsPermalink





(2) EMERGENCY CALL- The term ‘emergency call’ has the meaning given such term in section 158 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942), as amended by this Act.CommentsClose CommentsPermalink





(3) MULTI-LINE TELEPHONE SYSTEM- The term ‘multi-line telephone system’ or ‘MLTS’ means a system comprised of common control units, telephone sets, control hardware and software and adjunct systems, including network and premises based systems, such as Centrex and VoIP, as well as PBX, Hybrid, and Key Telephone Systems (as classified by the Commission under part 68 of title 47, Code of Federal Regulations) and includes systems owned or leased by governmental agencies and non-profit entities, as well as for profit businesses.CommentsClose CommentsPermalink





(4) OFFICE- The term ‘Office’ means the 9-1-1 Implementation Coordination Office established under section 158 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942), as amended by this Act.CommentsClose CommentsPermalink





(5) PUBLIC SAFETY ANSWERING POINT- The term ‘public safety answering point’ has the meaning given the term in section 222 of the Communications Act of 1934 (47 U.S.C. 222).CommentsClose CommentsPermalink

SEC. 232. COORDINATION OF 9-1-1 IMPLEMENTATION.

Section 158 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 158. COORDINATION OF 9-1-1, E9-1-1 AND NEXT GENERATION 9-1-1 IMPLEMENTATION.

‘(a) 9-1-1 Implementation Coordination Office-CommentsClose CommentsPermalink





‘(1) ESTABLISHMENT AND CONTINUATION- The Assistant Secretary and the Administrator of the National Highway Traffic Safety Administration shall--CommentsClose CommentsPermalink





‘(A) establish and further a program to facilitate coordination and communication between Federal, State, and local emergency communications systems, emergency personnel, public safety organizations, telecommunications carriers, and telecommunications equipment manufacturers and vendors involved in the implementation of 9-1-1 services; andCommentsClose CommentsPermalink





‘(B) establish a 9-1-1 Implementation Coordination Office to implement the provisions of this section.CommentsClose CommentsPermalink





‘(2) MANAGEMENT PLAN-CommentsClose CommentsPermalink





‘(A) DEVELOPMENT- The Assistant Secretary and the Administrator shall develop a management plan for the grant program established under this section, including by developing--CommentsClose CommentsPermalink





‘(i) plans related to the organizational structure of such program; andCommentsClose CommentsPermalink





‘(ii) funding profiles for each fiscal year of the 5-year duration of such program.CommentsClose CommentsPermalink





‘(B) SUBMISSION TO CONGRESS- Not later than 90 days after the date of enactment of the Wireless Innovation and Public Safety Act of 2011, the Assistant Secretary and the Administrator shall submit the management plan developed under subparagraph (A) to--CommentsClose CommentsPermalink





‘(i) the Committees on Commerce, Science, and Transportation and Appropriations of the Senate; andCommentsClose CommentsPermalink





‘(ii) the Committees on Energy and Commerce and Appropriations of the House of Representatives.CommentsClose CommentsPermalink





‘(3) PURPOSE OF OFFICE- The Office shall--CommentsClose CommentsPermalink





‘(A) take actions, in concert with coordinators designated in accordance with subsection (b)(3)(A)(ii), to improve coordination and communication with respect to the implementation of 9-1-1 services, E9-1-1 services, and Next Generation 9-1-1 services;CommentsClose CommentsPermalink





‘(B) develop, collect, and disseminate information concerning practices, procedures, and technology used in the implementation of 9-1-1 services, E9-1-1 services, and Next Generation 9-1-1 services;CommentsClose CommentsPermalink





‘(C) advise and assist eligible entities in the preparation of implementation plans required under subsection (b)(3)(A)(iii);CommentsClose CommentsPermalink





‘(D) receive, review, and recommend the approval or disapproval of applications for grants under subsection (b); andCommentsClose CommentsPermalink





‘(E) oversee the use of funds provided by such grants in fulfilling such implementation plans.CommentsClose CommentsPermalink





‘(4) REPORTS- The Assistant Secretary and the Administrator shall provide an annual report to Congress by the first day of October of each year on the activities of the Office to improve coordination and communication with respect to the implementation of 9-1-1 services, E9-1-1 services, and Next Generation 9-1-1 services.CommentsClose CommentsPermalink





‘(b) 9-1-1, E9-1-1 and Next Generation 9-1-1 Implementation Grants-CommentsClose CommentsPermalink





‘(1) MATCHING GRANTS- The Assistant Secretary and the Administrator, acting through the Office, shall provide grants to eligible entities for--CommentsClose CommentsPermalink





‘(A) the implementation and operation of 9-1-1 services, E9-1-1 services, migration to an IP-enabled emergency network, and adoption and operation of Next Generation 9-1-1 services and applications;CommentsClose CommentsPermalink





‘(B) the implementation of IP-enabled emergency services and applications enabled by Next Generation 9-1-1 services, including the establishment of IP backbone networks and the application layer software infrastructure needed to interconnect the multitude of emergency response organizations; andCommentsClose CommentsPermalink





‘(C) training public safety personnel, including call-takers, first responders, and other individuals and organizations who are part of the emergency response chain in 9-1-1 services.CommentsClose CommentsPermalink





‘(2) MATCHING REQUIREMENT- The Federal share of the cost of a project eligible for a grant under this section shall not exceed 80 percent. The non-Federal share of the cost shall be provided from non-Federal sources unless waived by the Assistant Secretary and the Administrator.CommentsClose CommentsPermalink





‘(3) COORDINATION REQUIRED- In providing grants under paragraph (1), the Assistant Secretary and the Administrator shall require an eligible entity to certify in its application that--CommentsClose CommentsPermalink





‘(A) in the case of an eligible entity that is a State government, the entity--CommentsClose CommentsPermalink





‘(i) has coordinated its application with the public safety answering points located within the jurisdiction of such entity;CommentsClose CommentsPermalink





‘(ii) has designated a single officer or governmental body of the entity to serve as the coordinator of implementation of 9-1-1 services, except that such designation need not vest such coordinator with direct legal authority to implement 9-1-1 services, E9-1-1 services, or Next Generation 9-1-1 services or to manage emergency communications operations;CommentsClose CommentsPermalink





‘(iii) has established a plan for the coordination and implementation of 9-1-1 services, E9-1-1 services, and Next Generation 9-1-1 services; andCommentsClose CommentsPermalink





‘(iv) has integrated telecommunications services involved in the implementation and delivery of 9-1-1 services, E9-1-1 services, and Next Generation 9-1-1 services; orCommentsClose CommentsPermalink





‘(B) in the case of an eligible entity that is not a State, the entity has complied with clauses (i), (iii), and (iv) of subparagraph (A), and the State in which it is located has complied with clause (ii) of such subparagraph.CommentsClose CommentsPermalink





‘(4) CRITERIA- Not later than 120 days after the submission of the report required under section 237 of the Wireless Innovation and Public Safety Act of 2011, the Assistant Secretary and the Administrator shall issue regulations, after providing the public with notice and an opportunity to comment, prescribing the criteria for selection for grants under this section. The criteria shall include performance requirements and a timeline for completion of any project to be financed by a grant under this section. The Assistant Secretary and the Administrator shall update such regulations as necessary.CommentsClose CommentsPermalink





‘(c) Diversion of 9-1-1 Charges-CommentsClose CommentsPermalink





‘(1) DESIGNATED 9-1-1 CHARGES- For the purposes of this subsection, the term ‘designated 9-1-1 charges’ means any taxes, fees, or other charges imposed by a State or other taxing jurisdiction that are designated or presented as dedicated to deliver or improve 9-1-1 services, E9-1-1 services, or Next Generation 9-1-1 services.CommentsClose CommentsPermalink





‘(2) CERTIFICATION- Each applicant for a matching grant under this section shall certify to the Assistant Secretary and the Administrator at the time of application, and each applicant that receives such a grant shall certify to the Assistant Secretary and the Administrator annually thereafter during any period of time during which the funds from the grant are available to the applicant, that no portion of any designated 9-1-1 charges imposed by a State or other taxing jurisdiction within which the applicant is located are being obligated or expended for any purpose other than the purposes for which such charges are designated or presented during the period beginning 180 days immediately preceding the date of the application and continuing through the period of time during which the funds from the grant are available to the applicant.CommentsClose CommentsPermalink





‘(3) CONDITION OF GRANT- Each applicant for a grant under this section shall agree, as a condition of receipt of the grant, that if the State or other taxing jurisdiction within which the applicant is located, during any period of time during which the funds from the grant are available to the applicant, obligates or expends designated 9-1-1 charges for any purpose other than the purposes for which such charges are designated or presented, eliminates such charges, or re-designates such charges for purposes other than the implementation or operation of 9-1-1 services, E9-1-1 services, or Next Generation 9-1-1 services, all of the funds from such grant shall be returned to the Office.CommentsClose CommentsPermalink





‘(4) PENALTY FOR PROVIDING FALSE INFORMATION- Any applicant that provides a certification under paragraph (1) knowing that the information provided in the certification was false shall--CommentsClose CommentsPermalink





‘(A) not be eligible to receive the grant under subsection (b);CommentsClose CommentsPermalink





‘(B) return any grant awarded under subsection (b) during the time that the certification was not valid; andCommentsClose CommentsPermalink





‘(C) not be eligible to receive any subsequent grants under subsection (b).CommentsClose CommentsPermalink





‘(d) Authorization and Termination-CommentsClose CommentsPermalink





‘(1) AUTHORIZATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- There are authorized to be appropriated to the Secretary of Commerce, for the purposes of carrying out grants under this section, $250,000,000 total for the 5-year period described in subparagraph (C).CommentsClose CommentsPermalink





‘(B) LIMITATION- Of the amounts made available to the Secretary of Commerce under this paragraph in a fiscal year, not more than 5 percent of such amounts may be obligated or expended to cover the administrative costs of carrying out this section.CommentsClose CommentsPermalink





‘(C) PERIOD- The 5-year period under subparagraph (A) begins on the first day of the fiscal year that begins following the date of the submission of the report required under section 237 of the Wireless Innovation and Public Safety Act of 2011.CommentsClose CommentsPermalink





‘(2) TERMINATION- Effective on the day after the end of the 5-year period described in paragraph (1)(C), the authority provided by this section terminates and this section shall have no effect.CommentsClose CommentsPermalink





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





‘(1) 9-1-1 SERVICES- The term ‘9-1-1 services’ includes both E9-1-1 services and Next Generation 9-1-1 services.CommentsClose CommentsPermalink





‘(2) E9-1-1 SERVICES- The term ‘E9-1-1 services’ means both phase I and phase II enhanced 9-1-1 services, as described in section 20.18 of the Commission’s regulations (47 C.F.R. 20.18), as in effect on the date of enactment of the Wireless Innovation and Public Safety Act of 2011, or as subsequently revised by the Commission.CommentsClose CommentsPermalink





‘(3) ELIGIBLE ENTITY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘eligible entity’ means a State or local government or a tribal organization (as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l))).CommentsClose CommentsPermalink





‘(B) INSTRUMENTALITIES- The term ‘eligible entity’ includes public authorities, boards, commissions, and similar bodies created by 1 or more eligible entities described in subparagraph (A) to provide 9-1-1 service, E9-1-1 services, or Next Generation 9-1-1 services.CommentsClose CommentsPermalink





‘(C) EXCEPTION- The term ‘eligible entity’ does not include any entity that has failed to submit the most recently required certification under subsection (c) within 30 days after the date on which such certification is due.CommentsClose CommentsPermalink





‘(4) EMERGENCY CALL- The term ‘emergency call’ means any real-time communication with a public safety answering point or other emergency management or response agency, including--CommentsClose CommentsPermalink





‘(A) through voice, text, or video and related data; andCommentsClose CommentsPermalink





‘(B) nonhuman-initiated automatic event alerts, such as alarms, telematics, or sensor data, which may also include real-time voice, text, or video communications.CommentsClose CommentsPermalink





‘(5) NEXT GENERATION 9-1-1 SERVICES- The term ‘Next Generation 9-1-1 services’ means an IP-based system comprised of hardware, software, data, and operational policies and procedures that--CommentsClose CommentsPermalink





‘(A) provides standardized interfaces from emergency call and message services to support emergency communications;CommentsClose CommentsPermalink





‘(B) processes all types of emergency calls, including voice, text, data, and multimedia information;CommentsClose CommentsPermalink





‘(C) acquires and integrates additional emergency call data useful to call routing and handling;CommentsClose CommentsPermalink





‘(D) delivers the emergency calls, messages, and data to the appropriate public safety answering point and other appropriate emergency entities;CommentsClose CommentsPermalink





‘(E) supports data or video communications needs for coordinated incident response and management; andCommentsClose CommentsPermalink





‘(F) provides broadband service to public safety answering points or other first responder entities.CommentsClose CommentsPermalink





‘(6) OFFICE- The term ‘Office’ means the 9-1-1 Implementation Coordination Office.CommentsClose CommentsPermalink





‘(7) PUBLIC SAFETY ANSWERING POINT- The term ‘public safety answering point’ has the meaning given the term in section 222 of the Communications Act of 1934 (47 U.S.C. 222).CommentsClose CommentsPermalink





‘(8) STATE- The term ‘State’ means any State of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession of the United States.’.CommentsClose CommentsPermalink

SEC. 233. REQUIREMENTS FOR MULTI-LINE TELEPHONE SYSTEMS.

(a) In General- Not later than 270 days after the date of enactment of this Act, the Administrator of General Services, in conjunction with the Office, shall issue a report to Congress identifying the 9-1-1 capabilities of the multi-line telephone system in use by all Federal agencies in all Federal buildings and properties.CommentsClose CommentsPermalink





(b) Commission Action-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Commission shall issue a public notice seeking comment on the feasibility of requiring MLTS manufacturers to include within all such systems manufactured or sold after a date certain, to be determined by the Commission, one or more mechanisms to provide a sufficiently precise indication of a 9-1-1 caller’s location, while avoiding the imposition of undue burdens on MLTS manufacturers, providers, and operators.CommentsClose CommentsPermalink





(2) SPECIFIC REQUIREMENT- The public notice under paragraph (1) shall seek comment on the National Emergency Number Association’s ‘Technical Requirements Document On Model Legislation E9-1-1 for Multi-Line Telephone Systems’ (NENA 06-750, Version 2).CommentsClose CommentsPermalink

SEC. 234. GAO STUDY OF STATE AND LOCAL USE OF 9-1-1 SERVICE CHARGES.

(a) In General- Not later than 60 days after the date of enactment of this Act, the Comptroller General of the United States shall initiate a study of--CommentsClose CommentsPermalink





(1) the imposition of taxes, fees, or other charges imposed by States or political subdivisions of States that are designated or presented as dedicated to improve emergency communications services, including 9-1-1 services or enhanced 9-1-1 services, or related to emergency communications services operations or improvements; andCommentsClose CommentsPermalink





(2) the use of revenues derived from such taxes, fees, or charges.CommentsClose CommentsPermalink





(b) Report- Not later than 18 months after initiating the study required by subsection (a), the Comptroller General shall prepare and submit a report on the results of the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives setting forth the findings, conclusions, and recommendations, if any, of the study, including--CommentsClose CommentsPermalink





(1) the identity of each State or political subdivision that imposes such taxes, fees, or other charges; andCommentsClose CommentsPermalink





(2) the amount of revenues obligated or expended by that State or political subdivision for any purpose other than the purposes for which such taxes, fees, or charges were designated or presented.CommentsClose CommentsPermalink

SEC. 235. PARITY OF PROTECTION FOR PROVISION OR USE OF NEXT GENERATION 9-1-1 SERVICE.

(a) Immunity- A provider or user of Next Generation 9-1-1 services, a public safety answering point, and the officers, directors, employees, vendors, agents, and authorizing government entity (if any) of such provider, user, or public safety answering point, shall have immunity and protection from liability under Federal and State law to the extent provided in subsection (b) with respect to--CommentsClose CommentsPermalink





(1) the release of subscriber information related to emergency calls or emergency services;CommentsClose CommentsPermalink





(2) the use or provision of 9-1-1 services, E9-1-1 services, or Next Generation 9-1-1 services; andCommentsClose CommentsPermalink





(3) other matters related to 9-1-1 services, E9-1-1 services, or Next Generation 9-1-1 services.CommentsClose CommentsPermalink





(b) Scope of Immunity and Protection From Liability- The scope and extent of the immunity and protection from liability afforded under subsection (a) shall be the same as that provided under section 4 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a) to wireless carriers, public safety answering points, and users of wireless 9-1-1 service (as defined in paragraphs (4), (3), and (6), respectively, of section 6 of that Act (47 U.S.C. 615b)) with respect to such release, use, and other matters.CommentsClose CommentsPermalink

SEC. 236. COMMISSION PROCEEDING ON AUTODIALING.

(a) In General- Not later than 90 days after the date of enactment of this Act, the Commission shall initiate a proceeding to create a specialized Do-Not-Call registry for public safety answering points.CommentsClose CommentsPermalink





(b) Features of the Registry- The Commission shall issue regulations, after providing the public with notice and an opportunity to comment, that--CommentsClose CommentsPermalink





(1) permit verified public safety answering point administrators or managers to register the telephone numbers of all 9-1-1 trunks and other lines used for the provision of emergency services to the public or for communications between public safety agencies;CommentsClose CommentsPermalink





(2) provide a process for verifying, no less frequently than once every 7 years, that registered numbers should continue to appear upon the registry;CommentsClose CommentsPermalink





(3) provide a process for granting and tracking access to the registry by the operators of automatic dialing equipment;CommentsClose CommentsPermalink





(4) protect the list of registered numbers from disclosure or dissemination by parties granted access to the registry; andCommentsClose CommentsPermalink





(5) prohibit the use of automatic dialing or ‘robocall’ equipment to establish contact with registered numbers.CommentsClose CommentsPermalink





(c) Enforcement- The Commission shall--CommentsClose CommentsPermalink





(1) establish monetary penalties for violations of the protective regulations established pursuant to subsection (b)(4) of not less than $100,000 per incident nor more than $1,000,000 per incident;CommentsClose CommentsPermalink





(2) establish monetary penalties for violations of the prohibition on automatically dialing registered numbers established pursuant to subsection (b)(5) of not less than $10,000 per call nor more than $100,000 per call; andCommentsClose CommentsPermalink





(3) provide for the imposition of fines under paragraphs (1) or (2) that vary depending upon whether the conduct leading to the violation was negligent, grossly negligent, reckless, or willful, and depending on whether the violation was a first or subsequent offence.CommentsClose CommentsPermalink

SEC. 237. NHTSA REPORT ON COSTS FOR REQUIREMENTS AND SPECIFICATIONS OF NEXT GENERATION 9-1-1 SERVICES.

(a) In General- Using amounts made available from the Public Safety Trust Fund under section 401, not later than 1 year after the date of enactment of this Act, the Administrator of the National Highway Traffic Safety Administration, in consultation with the Commission, the Secretary of Homeland Security, and the Office, shall prepare and submit to Congress a report that analyzes and determines detailed costs for specific Next Generation 9-1-1 service requirements and specifications.CommentsClose CommentsPermalink





(b) Contents- The report required under subsection (a) shall include the following:CommentsClose CommentsPermalink





(1) How costs would be allocated geographically or among public safety answering points, broadband service providers, and third-party providers of Next Generation 9-1-1 services.CommentsClose CommentsPermalink





(2) An assessment of the current state of Next Generation 9-1-1 service readiness among public safety answering points.CommentsClose CommentsPermalink





(3) How differences in public safety answering points’ access to broadband across the United States may affect costs.CommentsClose CommentsPermalink





(4) A technical analysis and cost study of different delivery platforms, such as wireline, wireless, and satellite.CommentsClose CommentsPermalink





(5) An assessment of the architectural characteristics, feasibility, and limitations of Next Generation 9-1-1 service delivery.CommentsClose CommentsPermalink





(6) An analysis of the needs for Next Generation 9-1-1 service of persons with disabilities.CommentsClose CommentsPermalink





(7) Standards and protocols for Next Generation 9-1-1 service and for incorporating Voice over Internet Protocol and real-time text standards.CommentsClose CommentsPermalink

SEC. 238. FCC RECOMMENDATIONS FOR LEGAL AND STATUTORY FRAMEWORK FOR NEXT GENERATION 9-1-1 SERVICES.

Not later than 1 year after the date of enactment of this Act, the Commission, in coordination with the Secretary of Homeland Security, the Administrator of the National Highway Traffic Safety Administration, and the Office, shall prepare and submit a report to Congress that contains recommendations for the legal and statutory framework for Next Generation 9-1-1 services, consistent with recommendations in the National Broadband Plan developed by the Commission pursuant to the American Recovery and Reinvestment Act of 2009, including the following:CommentsClose CommentsPermalink





(1) A legal and regulatory framework for the development of Next Generation 9-1-1 services and the transition from legacy 9-1-1 to Next Generation 9-1-1 services.CommentsClose CommentsPermalink





(2) Legal mechanisms to ensure efficient and accurate transmission of 9-1-1 caller information to emergency management or response agencies.CommentsClose CommentsPermalink





(3) Recommendations for removing jurisdictional barriers and inconsistent legacy regulations, including--CommentsClose CommentsPermalink





(A) proposals that would require States to remove regulatory impediments to Next Generation 9-1-1 services development, while recognizing the appropriate role of the States;CommentsClose CommentsPermalink





(B) eliminating outdated 9-1-1 regulations at the Federal level; andCommentsClose CommentsPermalink





(C) preempting inconsistent State regulations.CommentsClose CommentsPermalink

TITLE III--SPECTRUM AUCTION AUTHORITYCommentsClose CommentsPermalink

SEC. 301. DEADLINES FOR AUCTION OF CERTAIN SPECTRUM.

(a) In General-CommentsClose CommentsPermalink





(1) AUCTION- The Commission shall, through competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), assign licenses for the use of the electromagnetic spectrum described in paragraph (2) in accordance with the timetable set forth in paragraph (3).CommentsClose CommentsPermalink





(2) SPECTRUM DESCRIBED- The spectrum described in this paragraph is the following:CommentsClose CommentsPermalink





(A) The frequencies from 2155 megahertz to 2180 megahertz.CommentsClose CommentsPermalink





(B) The frequencies from 1755 megahertz to 1780 megahertz, except that if--CommentsClose CommentsPermalink





(i) the President determines that such frequencies cannot be reallocated for non-Federal use due to the need to protect incumbent Federal operations from interference; andCommentsClose CommentsPermalink





(ii) the President identifies other spectrum the reallocation for non-Federal use of which better serves the public interest, convenience, and necessity and that can reasonably be expected to produce comparable auction receipts;CommentsClose CommentsPermalink





the spectrum described in this subparagraph shall be the spectrum identified by the President under clause (ii).CommentsClose CommentsPermalink





(C) The frequencies from 1695 megahertz to 1710 megahertz, except for the geographic exclusion zones (as such zones may be amended) identified in the report of the NTIA published in October 2010 and 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





(D) Fifteen megahertz of contiguous spectrum identified by the Commission to be paired with the spectrum described in subparagraph (C).CommentsClose CommentsPermalink





(E) The frequencies from 1780 megahertz to 1850 megahertz, except that if--CommentsClose CommentsPermalink





(i) the President determines that such frequencies cannot be reallocated for non-Federal use due to the need to protect incumbent Federal operations from interference; andCommentsClose CommentsPermalink





(ii) the President identifies other spectrum the reallocation for non-Federal use of which better serves the public interest, convenience, and necessity and that can reasonably be expected to produce comparable auction receipts;CommentsClose CommentsPermalink





the spectrum described in this subparagraph shall be the spectrum identified by the President under clause (ii).CommentsClose CommentsPermalink





(3) TIMETABLE- Notwithstanding paragraph (15)(A) of such section 309(j), the Commission shall complete all actions necessary in order to--CommentsClose CommentsPermalink





(A) in the case of licenses for the use of the spectrum described in subparagraphs (A) and (B) of paragraph (2)--CommentsClose CommentsPermalink





(i) commence the bidding process not later than January 31, 2014; andCommentsClose CommentsPermalink





(ii) deposit the available proceeds in accordance with paragraph (8) of such section not later than June 30, 2014;CommentsClose CommentsPermalink





(B) in the case of licenses for the use of the spectrum described in subparagraphs (C) and (D) of paragraph (2)--CommentsClose CommentsPermalink





(i) commence the bidding process not later than January 31, 2018; andCommentsClose CommentsPermalink





(ii) deposit the available proceeds in accordance with paragraph (8) of such section not later than June 30, 2018; andCommentsClose CommentsPermalink





(C) in the case of licenses for the use of the spectrum described in subparagraph (E) of paragraph (2)--CommentsClose CommentsPermalink





(i) commence the bidding process not later than January 31, 2020; andCommentsClose CommentsPermalink





(ii) deposit the available proceeds in accordance with paragraph (8) of such section not later than June 30, 2020.CommentsClose CommentsPermalink





(4) NOTIFICATION TO PRESIDENT- Not later than 6 months before each auction of frequencies under paragraph (1) in which any frequency assigned to a Federal Government station will be auctioned, the Commission shall notify the President of the date when such auction will begin and the frequencies to be auctioned.CommentsClose CommentsPermalink





(5) WITHDRAWAL FROM FEDERAL USE- Notwithstanding section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 47 U.S.C. 921 note), upon receipt of a notification from the Commission under paragraph (4) with respect to an auction of frequencies, the President shall withdraw the assignment to a Federal Government station of any such frequency.CommentsClose CommentsPermalink





(6) DELAYED OR PHASED REALLOCATION OF CERTAIN FEDERAL SPECTRUM- If the President determines that reallocation for non-Federal use of the spectrum described in subparagraph (E) of paragraph (2) must be delayed or conducted in phases to ensure protection from interference of or continuity of incumbent Federal operations, the President may delay the withdrawal under paragraph (5) of the assignment of such spectrum to a Federal Government station until such time as the President considers necessary to ensure such protection, but in no case later than January 31, 2020.CommentsClose CommentsPermalink





(b) Auction of Certain Other Spectrum-CommentsClose CommentsPermalink





(1) AUCTION- In accordance with the timetable set forth in paragraph (2), the Commission shall assign through competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), or reallocate for unlicensed use, the electromagnetic spectrum between the frequencies from 3550 megahertz to 3650 megahertz, except for the geographic exclusion zones (as such zones may be amended) identified in the report of the NTIA published in October 2010 and 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





(2) TIMETABLE- Notwithstanding paragraph (15)(A) of such section, the Commission shall complete all actions necessary in order to--CommentsClose CommentsPermalink





(A) commence the bidding process, or commence reallocation for unlicensed use, not later than 3 years after the date of the enactment of this Act; andCommentsClose CommentsPermalink





(B) deposit the available proceeds in accordance with paragraph (8) of such section not later than 6 months thereafter.CommentsClose CommentsPermalink





(3) NOTIFICATION TO PRESIDENT- Not later than 6 months before each auction of frequencies under paragraph (1), or the reallocation for unlicensed use of any frequency described in such paragraph, the Commission shall notify the President of the date when such auction will begin or such reallocation will occur and the frequencies to be auctioned or reallocated.CommentsClose CommentsPermalink





(4) WITHDRAWAL FROM FEDERAL USE- Upon receipt of a notification from the Commission under paragraph (3) with respect to an auction or reallocation of frequencies, the President shall withdraw the assignment to a Federal Government station of any such frequency.CommentsClose CommentsPermalink





(c) Auction Proceeds- Section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)) is amended--CommentsClose CommentsPermalink





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





(2) in subparagraph (C)--CommentsClose CommentsPermalink





(A) in clause (i), by striking ‘subparagraph (E)(ii)’ and inserting ‘subparagraphs (D)(ii), (E)(ii), (F), and (G)(iv)’; andCommentsClose CommentsPermalink





(B) in clause (iii)--CommentsClose CommentsPermalink





(i) by striking the period at the end and inserting a semicolon;CommentsClose CommentsPermalink





(ii) by striking ‘shall be’ and inserting the following:CommentsClose CommentsPermalink





‘(I) before the date of the enactment of the Wireless Innovation and Public Safety Act of 2011, shall be’; andCommentsClose CommentsPermalink





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





‘(II) during the 10-year period beginning on the date of the enactment of the Wireless Innovation and Public Safety Act of 2011, shall be transferred to the Public Safety Broadband Corporation established under section 201(a)(1) of such Act for use by the Corporation to carry out its duties and responsibilities under titles I and II of such Act; andCommentsClose CommentsPermalink





‘(III) after such period, shall be transferred to the general fund of the Treasury for the sole purpose of deficit reduction.’;CommentsClose CommentsPermalink





(3) in subparagraph (D)--CommentsClose CommentsPermalink





(A) by striking the heading and inserting ‘PROCEEDS FROM REALLOCATED FEDERAL SPECTRUM’;CommentsClose CommentsPermalink





(B) by striking ‘Cash’ and inserting the following:CommentsClose CommentsPermalink





‘(i) IN GENERAL- Except as provided in clause (ii), cash’; andCommentsClose CommentsPermalink





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





‘(ii) CERTAIN OTHER PROCEEDS- Except as provided in subparagraph (B), in the case of proceeds (including deposits and upfront payments from successful bidders) attributable to the auction of eligible frequencies described in paragraph (2) of section 113(g) of the National Telecommunications and Information Administration Organization Act that are required to be auctioned by subsection (a)(1) or (b)(1) of section 301 of the Wireless Innovation and Public Safety Act of 2011, such portion of such proceeds as is necessary to cover the relocation costs and sharing costs (as defined in paragraph (3) of such section 113(g)) of Federal entities relocated from or sharing such eligible frequencies shall be deposited in the Spectrum Relocation Fund. The remainder of such proceeds shall be deposited in the Public Safety Trust Fund established by section 401(a)(1) of such Act.’; andCommentsClose CommentsPermalink





(4) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(F) CERTAIN PROCEEDS DESIGNATED FOR PUBLIC SAFETY TRUST FUND- Except as provided in subparagraphs (B) and (D), the proceeds (including deposits and upfront payments from successful bidders) from the use of a system of competitive bidding under this subsection pursuant to subsections (a)(1) and (b)(1) of section 301 of the Wireless Innovation and Public Safety Act of 2011 shall be deposited in the Public Safety Trust Fund established by section 401(a)(1) of such Act.’.CommentsClose CommentsPermalink





(d) 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