,,ii #aadth ,,congress #b;d ,session ,s4 #beee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #aa1 #bjaf ,mr4 ,thune 7for himself and ,mr4 ,nelson7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to provide opportunities for broadband investment1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,making ,opportunities for ,broadband ,investment and ,limiting ,excessive and ,needless ,obstacles to ,wireless ,act or the ,,mobile ,,now ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,making #ejj megahertz available4 ,sec4 #d4 ,millimeter wave evaluation4 ,sec4 #e4 ,reports on #c gigahertz bands4 ,sec4 #f4 ,distributed antenna systems and small cell infrastructure4 ,sec4 #g4 ,communications facilities deployment on ,federal property4 ,sec4 #h4 ,dig once4 ,sec4 #i4 ,national broadband facilities asset database4 ,sec4 #aj4 ,reallocation incentives4 ,sec4 #aa4 ,bidirectional sharing study4 ,sec4 #ab4 ,unlicensed services in guard bands4 ,sec4 #ac4 ,pre-auction funding4 ,sec4 #ad4 ,immediate transfer of funds4 ,sec4 #ae4 ,amendments to the ,spectrum ,pipeline ,act of #bjae4 ,sec4 #af4 ,rules of construction4 ,sec4 #ag4 ,relationship to ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,b7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,c7 each committee of the ,senate or of the ,house of ,representatives with jurisdiction over a ,federal entity affected by the applicable section in which the term appears4 7#b7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#c7 ,federal entity ,the term ,federal entity has the meaning given the term in section #aac7l7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7l774 7#d7 ,,ntia ,the term ,,ntia means the ,national ,telecommunications and ,information ,administration of the ,department of ,commerce4 7#e7 ,,omb ,the term ,,omb means the ,office of ,management and ,budget4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 #c4 ,making #ejj megahertz available 7a7 ,requirements 7#a7 ,in general ,consistent with the ,presidential ,memorandum of ,june #bh1 #bjaj1 entitled ,unleashing the ,wireless ,broadband ,revolution and establishing a goal of making a total of #ejj megahertz of ,federal and non-,federal spectrum available for wireless broadband use by #bjbj1 not later than ,december #ca1 #bjbj1 the ,secretary1 working through the ,,ntia1 and the ,commission shall make available a total of at least #bee megahertz of ,federal and non-,federal spectrum below the frequency of #fjjj megahertz for mobile and fixed wireless broadband use4 7#b7 ,availability ,the spectrum made available under paragraph 7#a7 shall be made available to be licensed by the ,commission for exclusive use1 or made available on a licensed or unlicensed basis for shared use by non-,federal and ,federal users1 to enable the deployment of wireless broadband services4 7#c7 ,non-eligible bands ,for purposes of satisfying the requirement under paragraph 7#a71 the following spectrum bands shall not be counted3 7,a7 ,the band between #afie and #agaj megahertz4 7,b7 ,the band between #agee and #aghj megahertz4 7,c7 ,the band between #baee and #bahj megahertz4 7,d7 ,the band between #ceej and #cgjj megahertz4 7#d7 ,relocation prioritized over sharing ,this section shall be carried out in accordance with section #aac7;j7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;j774 7#e7 ,considerations ,in making spectrum available under this section1 the ,secretary and ,commission shall consider-- 7,a7 the need to preserve critical existing and planned ,federal ,government capabilities2 7,b7 the impact on existing ,state1 local1 and tribal government capabilities2 7,c7 the international implications2 and 7,d7 the need for appropriate enforcement mechanisms and authorities4 7b7 ,rules of construction ,nothing in this section shall be construed-- 7#a7 to impair or otherwise affect the functions of the ,director of ,,omb relating to budgetary1 administrative1 or legislative proposals2 7#b7 to require the disclosure of classified information1 law enforcement sensitive information1 or other information that must be protected in the interest of national security2 or 7#c7 to affect any requirement under section #aef of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #iba note71 as added by section #ajfb7;a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjj1 or any other relevant statutory requirement applicable to the reallocation of ,federal spectrum4 #d4 ,millimeter wave evaluation 7a7 ,feasibility assessment ,not later than #ah months after the date of enactment of this ,act or ,december #ca1 #bjag1 whichever comes earlier1 the ,,ntia1 in consultation with the ,commission1 shall conduct a feasibility assessment regarding the impact of authorizing mobile or fixed terrestrial wireless operations1 including for advanced mobile service operations1 on ,federal entities and operations in any of the following frequencies with ,federal allocations3 7#a7 ,the band between #bdbej and #bddej megahertz4 7#b7 ,the band between #bejej and #bebej megahertz4 7#c7 ,the band between #cahjj and #ccdjj megahertz4 7#d7 ,the band between #dbjjj and #dbejj megahertz4 7#e7 ,the band between #gajjj and #gfjjj megahertz4 7#f7 ,the band between #hajjj and #hfjjj megahertz4 7b7 ,requirements ,in conducting the feasibility assessment under subsection 7a71 the ,,ntia shall-- 7#a7 consult directly with ,federal entities with respect to frequencies with ,federal allocations identified in that subsection2 7#b7 consider what1 if any1 impact authorizing mobile or fixed terrestrial wireless operations1 including advanced mobile services operations1 in any of the bands described in that subsection would have on an affected ,federal entity2 7#c7 consider how the bands described in that subsection may be used to provide commercial wireless broadband service1 including whether-- 7,a7 such spectrum may be best used for licensed or unlicensed services1 or some combination thereof2 and 7,b7 to permit additional licensed operations in such bands on a shared basis2 and 7#d7 identify any bands1 or a portion thereof1 described in that subsection that the ,,ntia assessment determines are feasible for authorizing for mobile or fixed terrestrial wireless operations1 including any advanced mobile service operations4 7c7 ,report to ,congress ,not later than #cj days after the date the feasibility assessment under subsection 7a7 is complete1 the ,,ntia shall submit to the appropriate committees of ,congress a report on the feasibility assessment4 7d7 ,,fcc proceeding ,not later than #b years after the date of enactment of this ,act1 the ,commission1 in consultation with the ,,ntia1 shall publish a notice of proposed rulemaking to consider service rules to authorize mobile or fixed terrestrial wireless operations1 including for advanced mobile service operations1 in the following radio frequency bands3 7#a7 ,the band between #bdbej and #bddej megahertz1 except for any frequencies with ,federal allocations4 7#b7 ,the band between #bejej and #bebej megahertz1 except for any frequencies with ,federal allocations4 7#c7 ,the band between #cahjj and #ccdjj megahertz1 except for any frequencies with ,federal allocations4 7#d7 ,the band between #dbjjj and #dbejj megahertz1 except for any frequencies with ,federal allocations4 7#e7 ,the band between #gajjj and #gfjjj megahertz1 except for any frequencies with ,federal allocations4 7#f7 ,the band between #hajjj and #hfjjj megahertz1 except for any frequencies with ,federal allocations4 7#g7 ,any bands identified as feasible under subsection 7b77#d74 7e7 ,considerations ,in conducting the rulemaking under subsection 7d71 the ,commission shall-- 7#a7 consult with ,federal entities via the ,,ntia regarding the bands described in subsection 7d77#g72 7#b7 consider how the bands described in subsection 7d7 may be used to provide commercial wireless broadband service1 including whether-- 7,a7 such spectrum may be best used for licensed or unlicensed services1 or some combination thereof2 and 7,b7 to permit additional licensed operations in such bands on a shared basis2 and 7#c7 include technical characteristics under which the bands described in subsection 7d7 may be employed for mobile or fixed terrestrial wireless operations1 including any appropriate coexistence requirements4 #e4 ,reports on #c gigahertz bands 7a7 ,between #cajj megahertz and #ceej megahertz ,not later than #c years after the date of enactment of this ,act1 and in consultation with the ,commission and the head of each affected ,federal agency 7or a designee thereof71 the ,secretary shall submit to the ,president and the appropriate committees of ,congress a report evaluating the feasibility of allowing commercial wireless services1 licensed or unlicensed1 to share use of the frequencies between #cajj megahertz and #ceej megahertz4 7b7 ,between #cgjj megahertz and #dbjj megahertz ,not later than #c years after the date of enactment of this ,act1 and in consultation with the ,secretary and the head of each affected ,federal agency 7or a designee thereof71 the ,commission shall submit to the ,president and the appropriate committees of ,congress a report evaluating the feasibility of allowing commercial wireless services1 licensed or unlicensed1 to share use of the frequencies between #cgjj megahertz and #dbjj megahertz4 7c7 ,requirements ,a report under subsection 7a7 or subsection 7b7 shall include the following3 7#a7 ,an assessment of the operations of ,federal entities that operate ,federal ,government stations authorized to use the frequencies described in that subsection4 7#b7 ,an assessment of the possible impacts of such sharing on ,federal and non-,federal users already operating on the frequencies described in that subsection4 7#c7 ,the criteria that may be necessary to ensure shared licensed or unlicensed services would not cause harmful interference to ,federal or non-,federal users already operating in the frequencies described in that subsection4 7#d7 ,if such sharing is feasible1 an identification of which of the frequencies described in that subsection are most suitable for sharing with commercial wireless services4 7d7 ,plans for auction of certain spectrum ,the ,commission shall include any spectrum identified under subsection 7c77#d7 for assignment of new licenses for non-,federal use in a report under section #ajjf of the ,spectrum ,pipeline ,act of #bjae 7,public ,law #aad-gd2 #abi ,stat4 #fba7 if-- 7#a7 that spectrum is suitable for allocation by competitive bidding of new licenses for non-,federal licensed use2 7#b7 that spectrum otherwise meets the requirements of the proposed plan for the assignment of new licenses for non-,federal use of certain spectrum under section #ajjf of the ,spectrum ,pipeline ,act of #bjae 7,public ,law #aad-gd2 #abi ,stat4 #fba72 and 7#c7 the identification of that spectrum under subsection 7c77#d7 occurs after the requirements under section #c have been met4 #f4 ,distributed antenna systems and small cell infrastructure ,not later than ,december #ca1 #bjaf1 the ,commission shall take action in its ,program ,alternatives for ,small ,wireless ,communications ,facility ,deployments proceeding 7,,wt ,docket #ae-ahj74 #g4 ,communications facilities deployment on ,federal property 7a7 ,in general ,section #fdji of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7 is amended by striking subsections 7b71 7c71 and 7d7 and inserting the following3 7b7 ,federal easements and rights-of-,way 7#a7 ,grant ,if an executive agency1 a ,state1 a political subdivision or agency of a ,state1 or a person1 firm1 or organization applies for the grant of an easement or right-of-way to1 in1 over1 or on a building or other property owned by the ,federal ,government for the right to install1 construct1 modify1 or maintain a communications facility installation1 the executive agency having control of the building or other property may grant to the applicant1 on behalf of the ,federal ,government1 subject to paragraph 7#e71 an easement or right-of-way to perform such installation1 construction1 modification1 or maintenance4 7#b7 ,application 7,a7 ,in general ,the ,administrator of ,general ,services shall develop a common form for applications for easements and rights-of-way under paragraph 7#a7 for all executive agencies that1 except as provided in subparagraph 7,b71 shall be used by all executive agencies and applicants with respect to the buildings or other property of each such agency4 7,b7 ,exception ,the requirement under subparagraph 7,a7 for an executive agency to use the common form developed by the ,administrator of ,general ,services shall not apply to an executive agency if the head of an executive agency notifies the ,administrator that the executive agency uses a substantially similar application4 7#c7 ,fee 7,a7 ,in general ,notwithstanding any other provision of law1 the ,administrator of ,general ,services shall establish a fee for the grant of an easement or right-of-way pursuant to paragraph 7#a7 that is based on direct cost recovery4 7,b7 ,exceptions ,the ,administrator of ,general ,services may establish exceptions to the fee amount required under subparagraph 7,a7-- 7i7 in consideration of the public benefit provided by a grant of an easement or right-of-way2 and 7ii7 in the interest of expanding wireless and broadband coverage4 7#d7 ,use of fees collected ,any fee amounts collected by an executive agency pursuant to paragraph 7#c7 may be made available1 as provided in appropriations ,acts1 to such agency to cover the costs of granting the easement or right-of-way4 7#e7 ,timely consideration of applications 7,a7 ,in general ,within a reasonable period of time after the date on which an executive agency receives a duly filed application for an easement or right-of-way under this subsection1 the executive agency shall-- 7i7 grant or deny1 on behalf of the ,federal ,government1 the application2 and 7ii7 notify the applicant of the grant or denial4 7,b7 ,explanation of denial ,if an executive agency denies an application under subparagraph 7,a71 the executive agency shall notify the applicant in writing1 including a clear statement of the reasons for the denial4 7,c7 ,explanation of delay ,if an executive agency has not granted or denied an application under subparagraph 7,a7 before the date that is #aej days after the date that the executive agency received a duly filed application1 the executive agency shall notify the applicant in writing1 including a clear statement of the reasons for the delay4 7,d7 ,applicability of environmental laws ,nothing in this paragraph shall be construed to relieve an executive agency of the requirements of the ,national ,historic ,preservation ,act 7#af ,u4,s4,c4 #dgj et seq47 or the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,e7 ,point of contact ,upon receiving an application under subparagraph 7,a71 an executive agency shall designate #a or more appropriate individuals within the executive agency to act as a point of contact with the applicant4 7c7 ,master contracts for communications facility installation sitings 7#a7 ,in general ,notwithstanding section #gjd of the ,telecommunications ,act of #aiif 7,public ,law #ajd-ajd2 #aaj ,stat4 #aea7 or any other provision of law1 the ,administrator of ,general ,services shall-- 7,a7 develop #a or more master contracts that shall govern the placement of communications facility installation on buildings and other property owned by the ,federal ,government2 and 7,b7 in developing the master contract or contracts1 standardize the treatment of the placement of communications facility installation on building rooftops or facades1 the placement of communications facility installation on rooftops or inside buildings1 the technology used in connection with communications facility installation placed on ,federal buildings and other property1 and any other key issues the ,administrator of ,general ,services considers appropriate4 7#b7 ,applicability ,the master contract or contracts developed by the ,administrator of ,general ,services under paragraph 7#a7 shall apply to all publicly accessible buildings and other property owned by the ,federal ,government1 unless the ,administrator of ,general ,services decides that issues with respect to the siting of a communications facility installation on a specific building or other property warrant nonstandard treatment of such building or other property4 7#c7 ,application 7,a7 ,in general ,the ,administrator of ,general ,services shall develop a common form or set of forms for communications facility installation siting applications that1 except as provided in subparagraph 7,b71 shall be used by all executive agencies and applicants with respect to the buildings and other property of each such agency4 7,b7 ,exception ,the requirement under subparagraph 7,a7 for an executive agency to use the common form or set of forms developed by the ,administrator of ,general ,services shall not apply to an executive agency if the head of the executive agency notifies the ,administrator that the executive agency uses a substantially similar application4 7d7 ,definitions ,in this section3 7#a7 ,communications facility installation ,the term communications facility installation includes-- 7,a7 any infrastructure1 including any transmitting device1 tower1 or support structure1 and any equipment1 switches1 wiring1 cabling1 power sources1 shelters1 or cabinets1 associated with the licensed or permitted unlicensed wireless or wireline transmission of writings1 signs1 signals1 data1 images1 pictures1 and sounds of all kinds2 and 7,b7 any antenna or apparatus that-- 7i7 is designed for the purpose of emitting radio frequency2 7ii7 is designed to be operated1 or is operating1 from a fixed location pursuant to authorization by the ,commission or is using duly authorized devices that do not require individual licenses2 and 7iii7 is added to a tower1 building1 or other structure4 7#b7 ,executive agency ,the term executive agency has the meaning given such term in section #ajb of title #dj1 ,united ,states ,code4 4 7b7 ,savings provision ,an application for an easement or right-of-way that was made or granted under section #fdji of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7 before the effective date of this ,act shall continue1 subject to that section as in effect on the day before such effective date4 #h4 ,dig once 7a7 ,policy ,it is the policy of the ,united ,states to encourage the deployment of communications facilities and services because of the benefits to interstate commerce from investment in and use of such communications facilities and services4 7b7 ,sense of ,congress ,it is the sense of ,congress that ,federal agencies should endeavor to create policy that-- 7#a7 evaluates and provides for the inclusion of broadband conduit installation in federally funded highway construction projects2 7#b7 provides for such inclusion without negatively impacting the safety1 operations1 and maintenance of the highway facility1 its users1 or others2 7#c7 promotes investment and competition by ensuring that communications providers may access such conduit on a nondiscriminatory basis2 and 7#d7 limits any burden on ,state departments of transportation incurred by the inclusion of broadband conduit in such projects4 #i4 ,national broadband facilities asset database 7a7 ,definitions ,in this section3 7#a7 ,communications facility installation ,the term communications facility installation includes-- 7,a7 any infrastructure1 including any transmitting device1 tower1 or support structure1 and any equipment1 switches1 wiring1 cabling1 power sources1 shelters1 or cabinets1 associated with the licensed or permitted unlicensed wireless or wireline transmission of writings1 signs1 signals1 data1 images1 pictures1 and sounds of all kinds2 and 7,b7 any antenna or apparatus that-- 7i7 is designed for the purpose of emitting radio frequency2 7ii7 is designed to be operated1 or is operating1 from a fixed location pursuant to authorization by the ,federal ,communications ,commission or is using duly authorized devices that do not require individual licenses2 and 7iii7 is added to a tower1 building1 or other structure4 7#b7 ,covered property ,the term covered property-- 7,a7 means any real property capable of supporting a communications facility installation2 and 7,b7 includes any interest in real property described in subparagraph 7,a74 7#c7 ,database ,the term database means the database established under subsection 7b74 7#d7 ,executive agency ,the term ,executive agency has the meaning given the term in section #aje of title #e1 ,united ,states ,code4 7b7 ,database established ,not later than ,june #cj1 #bjah1 the ,director of the ,office of ,science and ,technology ,policy1 in consultation with the ,chairman of the ,federal ,communications ,commission1 ,assistant ,secretary of ,commerce for ,communications and ,information1 ,under ,secretary of ,commerce for ,standards and ,technology1 ,administrator of ,general ,services1 and ,director of the ,office of ,management and ,budget1 shall-- 7#a7 establish and operate a single database of any covered property that is owned1 leased1 or otherwise managed by an ,executive agency2 7#b7 make the database available to-- 7,a7 any entity that-- 7i7 constructs or operates communications facility installations2 or 7ii7 provides communications service2 and 7,b7 any other entity that the ,director of the ,office of ,science and ,technology ,policy determines is appropriate2 and 7#c7 establish a process for withholding data from the database for national security1 public safety1 or other national strategic concerns in accordance with existing statutory authority and ,executive order mandates with respect to handling and protection of such information4 7c7 ,public comment 7#a7 ,in general ,not later than #cj days after the date of enactment of the ,,mobile ,,now ,act1 the ,director of the ,office of ,science and ,technology ,policy shall seek public comment to inform the establishment and operation of the database4 7#b7 ,contents ,in seeking public comment under paragraph 7#a71 the ,director shall include a request for recommendations on-- 7,a7 criteria that make real property capable of supporting communications facility installations2 7,b7 types of information related to covered property that should be included in the database2 7,c7 an interface by which accessibility to the database for all users will be appropriately efficient and secure2 and 7,d7 other information the ,director determines necessary to establish and operate the database4 7d7 ,federal agencies 7#a7 ,initial provision of information ,not later than #ij days after the date on which the database is established under subsection 7b71 the head of an ,executive agency shall provide to the ,director of the ,office of ,science and ,technology ,policy1 in a manner and format to be determined by the ,director1 such information as the ,director determines appropriate with respect to covered property owned1 leased1 or otherwise managed by the ,executive agency4 7#b7 ,change to information previously provided ,in the case of any change to information provided to the ,director of the ,office of ,science and ,technology ,policy by the head of an ,executive agency under paragraph 7#a71 the head of the ,executive agency shall provide updated information to the ,director not later than #cj days after the date of the change4 7#c7 ,subsequently acquired property ,if an ,executive agency acquires covered property after the date on which the database is established under subsection 7b71 the head of the ,executive agency shall provide to the ,director of the ,office of ,science and ,technology ,policy the information required under paragraph 7#a7 with respect to the covered property not later than #cj days after the date of the acquisition4 7e7 ,state and local governments ,the ,director of the ,office of ,science and ,technology ,policy shall make the database available to ,state and local governments so that such governments may provide to the ,director for inclusion in the database similar information to the information required under paragraph 7#a7 regarding covered property owned1 leased1 or otherwise managed by such governments4 7f7 ,database updates 7#a7 ,timely inclusion ,after the establishment of the database1 the ,director of the ,office of ,science and ,technology ,policy shall ensure that information provided under subsection 7d7 or subsection 7e7 is included in the database not later than #g days after the date on which the ,director receives the information4 7#b7 ,date of addition or update ,information in the database relating to covered property shall include the date on which the information was added or most recently updated4 7g7 ,report ,not later than #ahj days after the date the ,director of the ,office of ,science and ,technology ,policy seeks public comment under subsection 7c77#a71 the ,director shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the progress in establishing the database under this section4 ,the ,director shall update the report annually until the date that the database is fully operational4 #aj4 ,reallocation incentives 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,commission1 the ,director of ,,omb1 and the head of each affected ,federal agency 7or a designee thereof7 shall submit to the appropriate committees of ,congress a report that includes legislative or regulatory recommendations to incentivize a ,federal entity to relinquish1 or share with ,federal or non-,federal users1 ,federal spectrum for the purpose of allowing commercial wireless broadband services to operate on that ,federal spectrum4 7b7 ,post-,auction payments 7#a7 ,report ,in preparing the report under subsection 7a71 the ,secretary shall-- 7,a7 consider whether permitting eligible ,federal entities that are implementing a transition plan submitted under section #aac7;h7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;h77 to accept payments could result in access to the eligible frequencies that are being reallocated for exclusive non-,federal use or shared use sooner than would otherwise occur without such payments2 and 7,b7 include the findings under subparagraph 7,a71 including the analysis under paragraph 7#b7 and any recommendations for legislation1 in the report4 7#b7 ,analysis ,in considering payments under paragraph 7#a77;,a71 the ,secretary shall conduct an analysis of whether and how such payments would affect-- 7,a7 bidding in auctions conducted under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77 of such eligible frequencies2 and 7,b7 receipts collected from the auctions described in subparagraph 7,a74 7#c7 ,definitions ,in this subsection3 7,a7 ,payment ,the term payment means a payment in cash or in-kind by any auction winner1 or any person affiliated with an auction winner1 of eligible frequencies during the period after eligible frequencies have been reallocated by competitive bidding under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77 but prior to the completion of relocation or sharing transition of such eligible frequencies per transition plans approved by the ,technical ,panel4 7,b7 ,eligible frequencies ,the term eligible frequencies has the meaning given the term in section #aac7;g77#b7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;g77#b774 #aa4 ,bidirectional sharing study 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 including an opportunity for public comment1 the ,commission1 in collaboration with the ,,ntia1 shall-- 7#a7 conduct a bidirectional sharing study to determine the best means of providing ,federal entities flexible access to non-,federal spectrum on a shared basis across a range of short-1 mid-1 and long-range timeframes1 including for intermittent purposes like emergency use2 and 7#b7 submit to ,congress a report on the study under paragraph 7#a71 including any recommendations for legislation or proposed regulations4 7b7 ,considerations ,in conducting the study under subsection 7a71 the ,commission shall consider how to balance the regulatory certainty that commercial spectrum users and ,federal entities need to make longer-term investment decisions for shared access to be viable4 #ab4 ,unlicensed services in guard bands 7a7 ,in general ,after a feasibility assessment and public notice and comment1 and in consultation with the ,secretary and the head of each affected ,federal agency 7or a designee thereof71 the ,commission shall adopt rules that permit unlicensed services where feasible to use any frequencies that are designated as guard bands to protect frequencies allocated after the date of enactment of this ,act by competitive bidding under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j771 including spectrum that acts as a duplex gap between transmit and receive frequencies4 7b7 ,limitation ,the ,commission may not permit any use of a guard band under this section that would cause harmful interference to a licensed service or a ,federal service operating in the guard band or in an adjacent band4 7c7 ,rule of construction ,nothing in this section shall be construed as limiting the ,commission or the ,secretary from making spectrum available for licensed or unlicensed use under section #c or available for unlicensed use in any spectrum band under existing rules and regulations4 #ac4 ,pre-auction funding ,section #aah7;d77#c77;,b77i77,,ii7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh7;d77#c77;,b77i77,,ii77 is amended by striking #e years and inserting #h years4 #ad4 ,immediate transfer of funds ,section #aah7;e77#a7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh7;e77#a77 is amended by adding at the end the following3 7,d7 ,at the request of an eligible ,federal entity1 the ,director of ,,omb may transfer the amount under subparagraph 7,a7 immediately-- 7i7 after the frequencies are reallocated by competitive bidding under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j772 or 7ii7 in the case of an incumbent ,federal entity that is incurring relocation or sharing costs to accommodate sharing spectrum frequencies with another ,federal entity1 after the frequencies from which the other eligible ,federal entity is relocating are reallocated by competitive bidding under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j771 without regard to the availability of such sums in the ,fund4 7,e7 ,prior to the deposit of proceeds into the ,fund from an auction1 the ,director of ,,omb may borrow from the ,treasury the amount under subparagraph 7,a7 for a transfer under subparagraph 7,d74 ,the ,treasury shall immediately be reimbursed1 without interest1 from funds deposited into the ,fund4 4 #ae4 ,amendments to the ,spectrum ,pipeline ,act of #bjae ,section #ajjh of the ,spectrum ,pipeline ,act of #bjae 7,public ,law #aad-gd2 #abi ,stat4 #ehd7 is amended in the matter preceding paragraph 7#a7 by inserting 1 after an opportunity for public comment1 after the ,commission4 #af4 ,rules of construction 7a7 ,ranges of frequencies ,each range of frequencies described in this ,act shall be construed to be inclusive of the upper and lower frequencies in the range4 7b7 ,assessment of electromagnetic spectrum reallocation ,nothing in this ,act shall be construed to affect any requirement under section #aef of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #iba note71 as added by section #ajfb7;a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjj4 #ag4 ,relationship to ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab ,nothing in this ,act shall be construed to limit1 restrict1 or circumvent in any way the implementation of the nationwide public safety broadband network defined in section #fjja of title ,,vi of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adja7 or any rules implementing that network under title ,,vi of that ,act 7#dg ,u4,s4,c4 #adja et seq474