#aaeth ,,congress #b;d ,session ,h4 ,r4 #dihf ,,an ,,act ,to amend the ,communications ,act of #aicd to reauthorize appropriations for the ,federal ,communications ,commission1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,repack ,airwaves ,yielding ,better ,access for ,users of ,modern ,services ,act of #bjah or the ,,ray ,,baum',s ,act of #bjah4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,commission defined4 ,title ,i--,,fcc ,reauthorization ,sec4 #aja4 ,authorization of appropriations4 ,sec4 #ajb4 ,application and regulatory fees4 ,sec4 #ajc4 ,effective date4 ,title ,,ii--,application of ,antideficiency ,act ,sec4 #bja4 ,application of ,antideficiency ,act to ,universal ,service ,program4 ,title ,,iii--,securing ,access to ,networks in ,disasters ,sec4 #cja4 ,study on network resiliency4 ,sec4 #cjb4 ,access to essential service providers during federally declared emergencies4 ,sec4 #cjc4 ,definitions4 ,title ,,iv--,,fcc ,consolidated ,reporting ,sec4 #dja4 ,communications marketplace report4 ,sec4 #djb4 ,consolidation of redundant reports2 conforming amendments4 ,sec4 #djc4 ,effect on authority4 ,sec4 #djd4 ,other reports4 ,title ,v--,additional ,provisions ,sec4 #eja4 ,independent ,inspector ,general for ,,fcc4 ,sec4 #ejb4 ,authority of ,chief ,information ,officer4 ,sec4 #ejc4 ,spoofing prevention4 ,sec4 #ejd4 ,report on promoting broadband ,internet access service for veterans4 ,sec4 #eje4 ,methodology for collection of mobile service coverage data4 ,sec4 #ejf4 ,accuracy of dispatchable location for #i-a-a calls4 ,sec4 #ejg4 ,,ntia study on interagency process following cybersecurity incidents4 ,sec4 #ejh4 ,tribal digital access4 ,sec4 #eji4 ,terms of office and vacancies4 ,sec4 #eaj4 ,submission of copy of certain documents to ,congress4 ,sec4 #eaa4 ,joint board recommendation4 ,sec4 #eab4 ,disclaimer for press releases regarding notices of apparent liability4 ,sec4 #eac4 ,reports related to spectrum auctions4 ,title ,,vi--,viewer ,protection ,sec4 #fja4 ,reserve source for payment of ,,tv broadcaster relocation costs4 ,sec4 #fjb4 ,payment of relocation costs of television translator stations and low power television stations4 ,sec4 #fjc4 ,payment of relocation costs of ,,fm broadcast stations4 ,sec4 #fjd4 ,consumer education payment4 ,sec4 #fje4 ,implementation and enforcement4 ,sec4 #fjf4 ,rule of construction4 ,title ,,vii--,,mobile ,,now ,sec4 #gja4 ,short title4 ,sec4 #gjb4 ,definitions4 ,sec4 #gjc4 ,identifying #bee megahertz4 ,sec4 #gjd4 ,millimeter wave spectrum4 ,sec4 #gje4 #c gigahertz spectrum4 ,sec4 #gjf4 ,broadband infrastructure deployment4 ,sec4 #gjg4 ,reallocation incentives4 ,sec4 #gjh4 ,bidirectional sharing study4 ,sec4 #gji4 ,unlicensed services in guard bands4 ,sec4 #gaj4 ,amendments to the ,spectrum ,pipeline ,act of #bjae4 ,sec4 #gaa4 ,,gao assessment of unlicensed spectrum and ,wi-,fi use in low-income neighborhoods4 ,sec4 #gab4 ,rulemaking related to partitioning or disaggregating licenses4 ,sec4 #gac4 ,unlicensed spectrum policy4 ,sec4 #gad4 ,national plan for unlicensed spectrum4 ,sec4 #gae4 ,spectrum challenge prize4 ,sec4 #gaf4 ,wireless telecommunications tax and fee collection fairness4 ,sec4 #gag4 ,rules of construction4 ,sec4 #gah4 ,relationship to ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab4 ,sec4 #gai4 ,no additional funds authorized4 #b4 ,commission defined ,in this ,act1 the term ,commission means the ,federal ,communications ,commission4 ,i ,,fcc ,reauthorization #aja4 ,authorization of appropriations 7a7 ,in general ,section #f of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aef7 is amended to read as follows3 #f4 ,authorization of appropriations 7a7 ,authorization ,there are authorized to be appropriated to the ,commission to carry out the functions of the ,commission #ccc1aah1jjj for fiscal year #bjai and #cci1faj1jjj for fiscal year #bjbj4 7b7 ,offsetting collections ,the sum appropriated in any fiscal year to carry out the activities described in subsection 7a71 to the extent and in the amounts provided for in ,appropriations ,acts1 shall be derived from fees authorized by section #i4 4 7b7 ,deposits of bidders ,to be deposited in ,treasury ,section #cji7;j77#h77;,c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h77;,c77 is amended-- 7#a7 in the first sentence1 by striking an interest bearing account and all that follows and inserting the ,treasury42 7#b7 in clause 7i7-- 7,a7 by striking paid to the ,treasury and inserting deposited in the general fund of the ,treasury 7where such deposits shall be used for the sole purpose of deficit reduction72 and 7,b7 by striking the semicolon and inserting 2 and2 7#c7 in clause 7ii71 by striking 2 and and inserting 1 and payments representing the return of such deposits shall not be subject to administrative offset under section #cgaf7;c7 of title #ca1 ,united ,states ,code42 and 7#d7 by striking clause 7iii74 7c7 ,elimination of duplicative authorization of appropriations 7#a7 ,in general ,section #gaj of the ,telecommunications ,act of #aiif 7,public ,law #ajd-ajd7 is repealed4 7#b7 ,conforming amendment ,the table of contents in section #b of such ,act is amended by striking the item relating to section #gaj4 7d7 ,transfer of funds ,on the effective date described in section #ajc1 any amounts in the account providing appropriations to carry out the functions of the ,commission that were collected in excess of the amounts provided for in ,appropriations ,acts in any fiscal year prior to such date shall be transferred to the general fund of the ,treasury of the ,united ,states for the sole purpose of deficit reduction4 #ajb4 ,application and regulatory fees 7a7 ,application fees ,section #h of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aeh7 is amended to read as follows3 #h4 ,application fees 7a7 ,general authority2 establishment of schedule ,the ,commission shall assess and collect application fees at such rates as the ,commission shall establish in a schedule of application fees to recover the costs of the ,commission to process applications4 7b7 ,adjustment of schedule 7#a7 ,in general ,in every even-numbered year1 the ,commission shall review the schedule of application fees established under this section and1 except as provided in paragraph 7#b71 set a new amount for each fee in the schedule that is equal to the amount of the fee on the date when the fee was established or the date when the fee was last amended under subsection 7c71 whichever is later-- 7,a7 increased or decreased by the percentage change in the ,consumer ,price ,index during the period beginning on such date and ending on the date of the review2 and 7,b7 rounded to the nearest #e increment4 7#b7 ,threshold for adjustment ,the ,commission may not adjust a fee under paragraph 7#a7 if-- 7,a7 in the case of a fee the current amount of which is less than #bjj1 the adjustment would result in a change in the current amount of less than #aj2 or 7,b7 in the case of a fee the current amount of which is #bjj or more1 the adjustment would result in a change in the current amount of less than #e percent4 7#c7 ,current amount defined ,in paragraph 7#b71 the term current amount means1 with respect to a fee1 the amount of the fee on the date when the fee was established1 the date when the fee was last adjusted under paragraph 7#a71 or the date when the fee was last amended under subsection 7c71 whichever is latest4 7c7 ,amendments to schedule ,in addition to the adjustments required by subsection 7b71 the ,commission shall by rule amend the schedule of application fees established under this section if the ,commission determines that the schedule requires amendment-- 7#a7 so that such fees reflect increases or decreases in the costs of processing applications at the ,commission2 or 7#b7 so that such schedule reflects the consolidation or addition of new categories of applications4 7d7 ,exceptions 7#a7 ,parties to which fees are not applicable ,the application fees established under this section shall not be applicable to-- 7,a7 a governmental entity2 7,b7 a nonprofit entity licensed in the ,local ,government1 ,police1 ,fire1 ,highway ,maintenance1 ,forestry-,conservation1 ,public ,safety1 or ,special ,emergency ,radio radio services2 or 7,c7 a noncommercial radio station or noncommercial television station4 7#b7 ,cost of collection ,if1 in the judgment of the ,commission1 the cost of collecting an application fee established under this section would exceed the amount collected1 the ,commission may by rule eliminate such fee4 7e7 ,deposit of collections ,moneys received from application fees established under this section shall be deposited in the general fund of the ,treasury4 4 7b7 ,regulatory fees ,section #i of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aei7 is amended to read as follows3 #i4 ,regulatory fees 7a7 ,general authority ,the ,commission shall assess and collect regulatory fees to recover the costs of carrying out the activities described in section #f7;a7 only to the extent1 and in the total amounts1 provided for in ,appropriations ,acts4 7b7 ,establishment of schedule ,the ,commission shall assess and collect regulatory fees at such rates as the ,commission shall establish in a schedule of regulatory fees that will result in the collection1 in each fiscal year1 of an amount that can reasonably be expected to equal the amounts described in subsection 7a7 with respect to such fiscal year4 7c7 ,adjustment of schedule 7#a7 ,in general ,for each fiscal year1 the ,commission shall by rule adjust the schedule of regulatory fees established under this section to-- 7,a7 reflect unexpected increases or decreases in the number of units subject to the payment of such fees2 and 7,b7 result in the collection of the amount required by subsection 7b74 7#b7 ,rounding ,in making adjustments under this subsection1 the ,commission may round fees to the nearest #e increment4 7d7 ,amendments to schedule ,in addition to the adjustments required by subsection 7c71 the ,commission shall by rule amend the schedule of regulatory fees established under this section if the ,commission determines that the schedule requires amendment so that such fees reflect the full-time equivalent number of employees within the bureaus and offices of the ,commission1 adjusted to take into account factors that are reasonably related to the benefits provided to the payor of the fee by the ,commission's activities4 ,in making an amendment under this subsection1 the ,commission may not change the total amount of regulatory fees required by subsection 7b7 to be collected in a fiscal year4 7e7 ,exceptions 7#a7 ,parties to which fees are not applicable ,the regulatory fees established under this section shall not be applicable to-- 7,a7 a governmental entity or nonprofit entity2 7,b7 an amateur radio operator licensee under part #ig of the ,commission's rules 7#dg ,,cfr part #ig72 or 7,c7 a noncommercial radio station or noncommercial television station4 7#b7 ,cost of collection ,if1 in the judgment of the ,commission1 the cost of collecting a regulatory fee established under this section from a party would exceed the amount collected from such party1 the ,commission may exempt such party from paying such fee4 7f7 ,deposit of collections 7#a7 ,in general ,amounts received from fees authorized by this section shall be deposited as an offsetting collection in1 and credited to1 the account through which funds are made available to carry out the activities described in section #f7;a74 7#b7 ,deposit of excess collections ,any regulatory fees collected in excess of the total amount of fees provided for in ,appropriations ,acts for a fiscal year shall be deposited in the general fund of the ,treasury of the ,united ,states for the sole purpose of deficit reduction4 4 7c7 ,provisions applicable to application and regulatory fees ,title ,i of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 is amended by inserting after section #i the following3 #i;,a4 ,provisions applicable to application and regulatory fees 7a7 ,judicial review prohibited ,any adjustment or amendment to a schedule of fees under subsection 7b7 or 7c7 of section #h or subsection 7c7 or 7d7 of section #i is not subject to judicial review4 7b7 ,notice to ,congress ,the ,commission shall transmit to ,congress notification-- 7#a7 of any adjustment under section #h7;b7 or #i7;c7 immediately upon the adoption of such adjustment2 and 7#b7 of any amendment under section #h7;c7 or #i7;d7 not later than #ij days before the effective date of such amendment4 7c7 ,enforcement 7#a7 ,penalties for late payment ,the ,commission shall by rule prescribe an additional penalty for late payment of fees under section #h or #i4 ,such additional penalty shall be #be percent of the amount of the fee that was not paid in a timely manner4 7#b7 ,interest on unpaid fees and penalties ,the ,commission shall charge interest1 at a rate determined under section #cgag of title #ca1 ,united ,states ,code1 on a fee under section #h or #i or an additional penalty under this subsection that is not paid in a timely manner4 ,such section #cgag shall not otherwise apply with respect to such a fee or penalty4 7#c7 ,dismissal of applications or filings ,the ,commission may dismiss any application or other filing for failure to pay in a timely manner any fee under section #h or #i or any interest or additional penalty under this subsection4 7#d7 ,revocations 7,a7 ,in general ,in addition to or in lieu of the penalties and dismissals authorized by this subsection1 the ,commission may revoke any instrument of authorization held by any licensee that has not paid in a timely manner a regulatory fee assessed under section #i or any related interest or penalty4 7,b7 ,notice ,revocation action may be taken by the ,commission under this paragraph after notice of the ,commission's intent to take such action is sent to the licensee by registered mail1 return receipt requested1 at the licensee's last known address4 ,the notice shall provide the licensee at least #cj days to either pay the fee1 interest1 and any penalty or show cause why the fee1 interest1 or penalty does not apply to the licensee or should otherwise be waived or payment deferred4 7,c7 ,hearing 7i7 ,generally not required ,a hearing is not required under this paragraph unless the licensee's response presents a substantial and material question of fact4 7ii7 ,evidence and burdens ,in any case where a hearing is conducted under this paragraph1 the hearing shall be based on written evidence only1 and the burden of proceeding with the introduction of evidence and the burden of proof shall be on the licensee4 7iii7 ,costs ,unless the licensee substantially prevails in the hearing1 the ,commission may assess the licensee for the costs of such hearing4 7,d7 ,opportunity to pay prior to revocation ,any ,commission order adopted under this paragraph shall determine the amount due1 if any1 and provide the licensee with at least #cj days to pay that amount or have its authorization revoked4 7,e7 ,finality ,no order of revocation under this paragraph shall become final until the licensee has exhausted its right to judicial review of such order under section #djb7;b77#e74 7d7 ,waiver1 ,reduction1 and ,deferment ,the ,commission may waive1 reduce1 or defer payment of a fee under section #h or #i or an interest charge or penalty under this section in any specific instance for good cause shown1 where such action would promote the public interest4 7e7 ,payment rules ,the ,commission shall by rule permit payment-- 7#a7 in the case of fees under section #h or #i in large amounts1 by installments2 and 7#b7 in the case of fees under section #h or #i in small amounts1 in advance for a number of years not to exceed the term of the license held by the payor4 7f7 ,accounting ,system ,the ,commission shall develop accounting systems necessary to make the amendments authorized by sections #h7;c7 and #i7;d74 4 7d7 ,transitional rules 7#a7 ,application fees ,an application fee established under section #h of the ,communications ,act of #aicd1 as such section is in effect on the day before the effective date described in section #ajc of this ,act1 shall remain in effect under section #h of the ,communications ,act of #aicd1 as amended by subsection 7a7 of this section1 until such time as the ,commission adjusts or amends such fee under subsection 7b7 or 7c7 of such section #h1 as so amended4 7#b7 ,regulatory fees ,a regulatory fee established under section #i of the ,communications ,act of #aicd1 as such section is in effect on the day before the effective date described in section #ajc of this ,act1 shall remain in effect under section #i of the ,communications ,act of #aicd1 as amended by subsection 7b7 of this section1 until such time as the ,commission adjusts or amends such fee under subsection 7c7 or 7d7 of such section #i1 as so amended4 7e7 ,rulemaking ,to amend schedule of regulatory fees 7#a7 ,in general ,not later than #a year after the effective date described in section #ajc1 the ,commission shall complete a rulemaking proceeding under subsection 7d7 of section #i of the ,communications ,act of #aicd1 as amended by subsection 7b7 of this section4 7#b7 ,report to ,congress ,if the ,commission has not completed the rulemaking proceeding required by paragraph 7#a7 by the date that is #f months after the effective date described in section #ajc1 the ,commission shall submit to ,congress a report on the progress of such rulemaking proceeding4 #ajc4 ,effective date ,this title and the amendments made by this title shall take effect on ,october #a1 #bjah4 ,,ii ,application of ,antideficiency ,act #bja4 ,application of ,antideficiency ,act to ,universal ,service ,program ,section #cjb of ,public ,law #ajh-did 7#aah ,stat4 #ciih7 is amended by striking ,december #ca1 #bjah each place it appears and inserting ,december #ca1 #bjai4 ,,iii ,securing ,access to ,networks in ,disasters #cja4 ,study on network resiliency ,not later than #cf months after the date of enactment of this ,act1 the ,commission shall submit to ,congress1 and make publically available on the ,commission's website1 a study on the public safety benefits and technical feasibility and cost of-- 7#a7 making telecommunications service provider-owned ,wi,fi access points1 and other communications technologies operating on unlicensed spectrum1 available to the general public for access to #i-a-a services1 without requiring any login credentials1 during times of emergency when mobile service is unavailable2 7#b7 the provision by non-telecommunications service provider-owned ,wi,fi access points of public access to #i-a-a services during times of emergency when mobile service is unavailable2 and 7#c7 other alternative means of providing the public with access to #i-a-a services during times of emergency when mobile service is unavailable4 #cjb4 ,access to essential service providers during federally declared emergencies ,section #dbg7;a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahi;e7a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking telecommunications service and inserting wireline or mobile telephone service1 ,internet access service1 radio or television broadcasting1 cable service1 or direct broadcast satellite service2 7,b7 in subparagraph 7,e71 by striking the semicolon and inserting 2 or2 and 7,c7 by redesignating subparagraphs 7,a7 through 7,e7 as clauses 7i7 through 7v71 respectively2 and 7#b7 by striking 7#a7 provides and inserting 7#a77;,a7 provides4 #cjc4 ,definitions ,as used in this title-- 7#a7 the term mobile service means commercial mobile service 7as defined in section #ccb of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb77 or commercial mobile data service 7as defined in section #fjja of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adja772 7#b7 the term ,wi,fi access point means wireless ,internet access using the standard designated as #hjb4aa or any variant thereof2 and 7#c7 the term times of emergency means either an emergency as defined in section #ajb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eabb71 or an emergency as declared by the governor of a ,state or territory of the ,united ,states4 ,,iv ,,fcc ,consolidated ,reporting #dja4 ,communications marketplace report ,title ,i of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 is amended by adding at the end the following3 #ac4 ,communications marketplace report 7a7 ,in general ,in the last quarter of every even-numbered year1 the ,commission shall publish on its website and submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the state of the communications marketplace4 7b7 ,contents ,each report required by subsection 7a7 shall-- 7#a7 assess the state of competition in the communications marketplace1 including competition to deliver voice1 video1 audio1 and data services among providers of telecommunications1 providers of commercial mobile service 7as defined in section #ccb71 multichannel video programming distributors 7as defined in section #fjb71 broadcast stations1 providers of satellite communications1 ,internet service providers1 and other providers of communications services2 7#b7 assess the state of deployment of communications capabilities1 including advanced telecommunications capability 7as defined in section #gjf of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb771 regardless of the technology used for such deployment2 7#c7 assess whether laws1 regulations1 regulatory practices 7whether those of the ,federal ,government1 ,states1 political subdivisions of ,states1 ,indian tribes or tribal organizations 7as such terms are defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd771 or foreign governments71 or demonstrated marketplace practices pose a barrier to competitive entry into the communications marketplace or to the competitive expansion of existing providers of communications services2 7#d7 describe the agenda of the ,commission for the next #b-year period for addressing the challenges and opportunities in the communications marketplace that were identified through the assessments under paragraphs 7#a7 through 7#c72 and 7#e7 describe the actions that the ,commission has taken in pursuit of the agenda described pursuant to paragraph 7#d7 in the previous report submitted under this section4 7c7 ,extension ,if the ,president designates a ,commissioner as ,chairman of the ,commission during the last quarter of an even-numbered year1 the portion of the report required by subsection 7b77#d7 may be published on the website of the ,commission and submitted to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate as an addendum during the first quarter of the following odd-numbered year4 7d7 ,special requirements 7#a7 ,assessing competition ,in assessing the state of competition under subsection 7b77#a71 the ,commission shall consider all forms of competition1 including the effect of intermodal competition1 facilities-based competition1 and competition from new and emergent communications services1 including the provision of content and communications using the ,internet4 7#b7 ,assessing deployment ,in assessing the state of deployment under subsection 7b77#b71 the ,commission shall compile a list of geographical areas that are not served by any provider of advanced telecommunications capability4 7#c7 ,considering small businesses ,in assessing the state of competition under subsection 7b77#a7 and regulatory barriers under subsection 7b77#c71 the ,commission shall consider market entry barriers for entrepreneurs and other small businesses in the communications marketplace in accordance with the national policy under section #beg7;b74 4 #djb4 ,consolidation of redundant reports2 conforming amendments 7a7 ,,orbit ,act ,report ,section #fdf of the ,communications ,satellite ,act of #aifb 7#dg ,u4,s4,c4 #gfe;e2 #aad ,stat4 #eg7 is repealed4 7b7 ,satellite ,competition ,report ,section #d of ,public ,law #aji-cd 7#dg ,u4,s4,c4 #gjc7 is repealed4 7c7 ,international ,broadband ,data ,report ,section #ajc7;b77#a7 of the ,broadband ,data ,improvement ,act 7#dg ,u4,s4,c4 #acjc7;b77#a77 is amended by striking the assessment and report and all that follows through ,federal ,communications ,commission and inserting its report under section #ac of the ,communications ,act of #aicd1 the ,federal ,communications ,commission4 7d7 ,status of ,competition in the ,market for the ,delivery of ,video ,programming ,report ,section #fbh of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #edh7 is amended-- 7#a7 by striking subsection 7g72 7#b7 by redesignating subsection 7j7 as subsection 7g72 and 7#c7 by transferring subsection 7g7 7as redesignated7 so that it appears after subsection 7f74 7e7 ,report on ,cable ,industry ,prices ,section #fbc7k7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #edc7k77 is amended-- 7#a7 in paragraph 7#a71 by striking annually publish and inserting publish with its report under section #ac2 and 7#b7 in the heading of paragraph 7#b71 by striking annual4 7f7 ,triennial ,report ,identifying and ,eliminating ,market ,entry ,barriers for ,entrepreneurs and ,other ,small ,businesses ,section #beg of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #beg7 is amended by striking subsection 7c74 7g7 ,state of ,competitive ,market ,conditions with respect to ,commercial ,mobile ,radio ,services ,section #ccb7;c77#a77;,c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb7;c77#a77;,c77 is amended by striking the first and second sentences4 7h7 ,previously eliminated annual report 7#a7 ,in general ,section #d of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aed7 is amended-- 7,a7 by striking subsection 7k72 and 7,b7 by redesignating subsections 7l7 through 7o7 as subsections 7k7 through 7n71 respectively4 7#b7 ,conforming amendment ,section #cji7;j77#h77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h77;,b77 is amended by striking the last sentence4 7i7 ,additional outdated reports ,the ,communications ,act of #aicd is further amended-- 7#a7 in section #d-- 7,a7 in subsection 7b77#b77;,b77ii71 by striking and shall furnish notice of such action and all that follows through subject of the waiver2 and 7,b7 in subsection 7g71 by striking paragraph 7#b72 7#b7 in section #bae-- 7,a7 by striking subsection 7b72 and 7,b7 by redesignating subsection 7c7 as subsection 7b72 7#c7 in section #bbg7;e71 by striking paragraph 7#d72 7#d7 in section #cji7;j7-- 7,a7 by striking paragraph 7#ab72 and 7,b7 in paragraph 7#ae77;,c71 by striking clause 7iv72 7#e7 in section #cca7;b71 by striking the last sentence2 7#f7 in section #ccf7;e71 by amending paragraph 7#d7 to read as follows3 7#d7 ,report ,the ,commission shall annually advise the ,congress on the amounts collected pursuant to the program required by this subsection4 2 7#g7 in section #cci7;c71 by striking paragraph 7#a72 7#h7 in section #cif-- 7,a7 by striking subsection 7i72 7,b7 in subsection 7k7-- 7i7 in paragraph 7#a71 by striking subparagraph 7,f72 and 7ii7 in paragraph 7#c77;,b77iii71 by striking subclause 7,v72 7,c7 in subsection 7l77#a77;,b71 by striking shall be included and all that follows through ,the audit report2 and 7,d7 by striking subsection 7m72 7#i7 in section #cih7;b77#d71 by striking the third sentence2 7#aj7 in section #fbd;,a7b77#a7-- 7,a7 by striking ,report2 regulations and inserting ,regulations2 7,b7 by striking ,within #a year after and all that follows through on means of assuring and inserting ,the ,commission shall issue such regulations as are necessary to assure2 and 7,c7 by striking ,within #ahj days after and all that follows through to assure such compatibility42 and 7#aa7 in section #gac1 by striking subsection 7a74 #djc4 ,effect on authority ,nothing in this title or the amendments made by this title shall be construed to expand or contract the authority of the ,commission4 #djd4 ,other reports ,nothing in this title or the amendments made by this title shall be construed to prohibit or otherwise prevent the ,commission from producing any additional reports otherwise within the authority of the ,commission4 ,v ,additional ,provisions #eja4 ,independent ,inspector ,general for ,,fcc 7a7 ,amendments ,the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in section #h;,g7a77#b71 by striking the ,federal ,communications ,commission12 and 7#b7 in section #ab-- 7,a7 in paragraph 7#a71 by inserting 1 the ,federal ,communications ,commission1 after the ,chairman of the ,nuclear ,regulatory ,commission2 and 7,b7 in paragraph 7#b71 by inserting the ,federal ,communications ,commission1 after the ,environmental ,protection ,agency14 7b7 ,transition rule ,an individual serving as ,inspector ,general of the ,commission on the date of the enactment of this ,act pursuant to an appointment made under section #h;,g of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47-- 7#a7 may continue so serving until the ,president makes an appointment under section #c7;a7 of such ,act with respect to the ,commission consistent with the amendments made by subsection 7a72 and 7#b7 shall1 while serving under paragraph 7#a71 remain subject to the provisions of section #h;,g of such ,act which1 immediately before the date of the enactment of this ,act1 applied with respect to the ,inspector ,general of the ,commission and suffer no reduction in pay4 #ejb4 ,authority of ,chief ,information ,officer 7a7 ,in general ,the ,commission shall ensure that the ,chief ,information ,officer of the ,commission has a significant role in-- 7#a7 the decision-making process for annual and multi-year planning1 programming1 budgeting1 and execution decisions1 related reporting requirements1 and reports related to information technology2 7#b7 the management1 governance1 and oversight processes related to information technology2 and 7#c7 the hiring of personnel with information technology responsibilities4 7b7 ,,cio approval ,the ,chief ,information ,officer of the ,commission1 in consultation with the ,chief ,financial ,officer of the ,commission and budget officials1 shall specify and approve the allocation of amounts appropriated to the ,commission for information technology1 consistent with the provisions of appropriations ,acts1 budget guidelines1 and recommendations from the ,director of the ,office of ,management and ,budget4 #ejc4 ,spoofing prevention 7a7 ,expanding and clarifying prohibition on misleading or inaccurate caller identification information 7#a7 ,communications from outside the ,united ,states ,section #bbg7;e77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77#a77 is amended by striking in connection with any telecommunications service or ,,ip-enabled voice service and inserting or any person outside the ,united ,states if the recipient is within the ,united ,states1 in connection with any voice service or text messaging service4 7#b7 ,coverage of text messages and voice services ,section #bbg7;e77#h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77#h77 is amended-- 7,a7 in subparagraph 7,a71 by striking telecommunications service or ,,ip-enabled voice service and inserting voice service or a text message sent using a text messaging service2 7,b7 in the first sentence of subparagraph 7,b71 by striking telecommunications service or ,,ip-enabled voice service and inserting voice service or a text message sent using a text messaging service2 and 7,c7 by striking subparagraph 7,c7 and inserting the following3 7,c7 ,text message ,the term text message-- 7i7 means a message consisting of text1 images1 sounds1 or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a #aj-;digit telephone number or ,n#aa service code2 7ii7 includes a short message service 7commonly referred to as ,,sms7 message and a multimedia message service 7commonly referred to as ,,mms7 message2 and 7iii7 does not include-- 7,i7 a real-time1 two-way voice or video communication2 or 7,,ii7 a message sent over an ,,ip-enabled messaging service to another user of the same messaging service1 except a message described in clause 7ii74 7,d7 ,text messaging service ,the term text messaging service means a service that enables the transmission or receipt of a text message1 including a service provided as part of or in connection with a voice service4 7,e7 ,voice service ,the term voice service-- 7i7 means any service that is interconnected with the public switched telephone network and that furnishes voice communications to an end user using resources from the ,north ,american ,numbering ,plan or any successor to the ,north ,american ,numbering ,plan adopted by the ,commission under section #bea7;e77#a72 and 7ii7 includes transmissions from a telephone facsimile machine1 computer1 or other device to a telephone facsimile machine4 4 7#c7 ,technical amendment ,section #bbg7;e7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77 is amended in the heading by inserting ,misleading or before ,inaccurate4 7#d7 ,regulations 7,a7 ,in general ,section #bbg7;e77#c77;,a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77#c77;,a77 is amended by striking ,not later than #f months after the date of enactment of the ,truth in ,caller ,,id ,act of #bjji1 the ,commission and inserting ,the ,commission4 7,b7 ,deadline ,the ,commission shall prescribe regulations to implement the amendments made by this subsection not later than #ah months after the date of enactment of this ,act4 7#e7 ,effective date ,the amendments made by this subsection shall take effect on the date that is #f months after the date on which the ,commission prescribes regulations under paragraph 7#d74 7b7 ,consumer education materials on how ,to avoid scams that rely upon misleading or inaccurate caller identification information 7#a7 ,development of materials ,not later than #a year after the date of enactment of this ,act1 the ,commission1 in coordination with the ,federal ,trade ,commission1 shall develop consumer education materials that provide information about-- 7,a7 ways for consumers to identify scams and other fraudulent activity that rely upon the use of misleading or inaccurate caller identification information2 and 7,b7 existing technologies1 if any1 that a consumer can use to protect against such scams and other fraudulent activity4 7#b7 ,contents ,in developing the consumer education materials under paragraph 7#a71 the ,commission shall-- 7,a7 identify existing technologies1 if any1 that can help consumers guard themselves against scams and other fraudulent activity that rely upon the use of misleading or inaccurate caller identification information1 including-- 7i7 descriptions of how a consumer can use the technologies to protect against such scams and other fraudulent activity2 and 7ii7 details on how consumers can access and use the technologies2 and 7,b7 provide other information that may help consumers identify and avoid scams and other fraudulent activity that rely upon the use of misleading or inaccurate caller identification information4 7#c7 ,updates ,the ,commission shall ensure that the consumer education materials required under paragraph 7#a7 are updated on a regular basis4 7#d7 ,website ,the ,commission shall include the consumer education materials developed under paragraph 7#a7 on its website4 7c7 ,,gao report on combating the fraudulent provision of misleading or inaccurate caller identification information 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study of the actions the ,commission and the ,federal ,trade ,commission have taken to combat the fraudulent provision of misleading or inaccurate caller identification information1 and the additional measures that could be taken to combat such activity4 7#b7 ,required considerations ,in conducting the study under paragraph 7#a71 the ,comptroller ,general shall examine-- 7,a7 trends in the types of scams that rely on misleading or inaccurate caller identification information2 7,b7 previous and current enforcement actions by the ,commission and the ,federal ,trade ,commission to combat the practices prohibited by section #bbg7;e77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbg7;e77#a772 7,c7 current efforts by industry groups and other entities to develop technical standards to deter or prevent the fraudulent provision of misleading or inaccurate caller identification information1 and how such standards may help combat the current and future provision of misleading or inaccurate caller identification information2 and 7,d7 whether there are additional actions the ,commission1 the ,federal ,trade ,commission1 and ,congress should take to combat the fraudulent provision of misleading or inaccurate caller identification information4 7#c7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the findings of the study under paragraph 7#a71 including any recommendations regarding combating the fraudulent provision of misleading or inaccurate caller identification information4 7d7 ,rule of construction ,nothing in this section1 or the amendments made by this section1 shall be construed to modify1 limit1 or otherwise affect any rule or order adopted by the ,commission in connection with-- 7#a7 the ,telephone ,consumer ,protection ,act of #aiia 7,public ,law #ajb-bdc2 #aje ,stat4 #bcid7 or the amendments made by that ,act2 or 7#b7 the ,,can-,,spam ,act of #bjjc 7#ae ,u4,s4,c4 #ggja et seq474 #ejd4 ,report on promoting broadband ,internet access service for veterans 7a7 ,veteran defined ,in this section1 the term veteran has the meaning given the term in section #aja of title #ch1 ,united ,states ,code4 7b7 ,report required ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall submit to ,congress a report on promoting broadband ,internet access service for veterans1 in particular low-income veterans and veterans residing in rural areas4 ,in such report1 the ,commission shall-- 7#a7 examine such access and how to promote such access2 and 7#b7 provide findings and recommendations for ,congress with respect to such access and how to promote such access4 7c7 ,public notice and opportunity ,to comment ,in preparing the report required by subsection 7b71 the ,commission shall provide the public with notice and an opportunity to comment on broadband ,internet access service for veterans1 in particular low-income veterans and veterans residing in rural areas1 and how to promote such access4 #eje4 ,methodology for collection of mobile service coverage data 7a7 ,definitions ,in this section-- 7#a7 the term commercial mobile data service has the meaning given the term in section #fjja of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adja72 7#b7 the term commercial mobile service has the meaning given the term in section #ccb7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb7;d772 7#c7 the term coverage data means1 if commercial mobile service or commercial mobile data service is available1 general information about the service1 which may include available speed tiers1 radio frequency signal levels1 and network and performance characteristics2 and 7#d7 the term ,universal ,service program means the universal service support mechanisms established under section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7 and the regulations issued under that section4 7b7 ,methodology established ,not later than #ahj days after the conclusion of the ,mobility ,fund ,phase ,,ii ,auction1 the ,commission shall promulgate regulations to establish a methodology that shall apply to the collection of coverage data by the ,commission for the purposes of-- 7#a7 the ,universal ,service program2 or 7#b7 any other similar program4 7c7 ,requirements ,the methodology established under subsection 7b7 shall-- 7#a7 contain standard definitions for different available technologies such as #b;,g1 #c;,g1 #d;,g1 and #d;,g ,,lte2 7#b7 enhance the consistency and robustness of how the data are collected by different parties2 7#c7 improve the validity and reliability of coverage data2 and 7#d7 increase the efficiency of coverage data collection4 #ejf4 ,accuracy of dispatchable location for #i-a-a calls 7a7 ,proceeding required ,not later than #ah months after the date of the enactment of this ,act1 the ,commission shall conclude a proceeding to consider adopting rules to ensure that the dispatchable location is conveyed with a #i-a-a call1 regardless of the technological platform used and including with calls from multi-line telephone systems 7as defined in section #fejb of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adga774 7b7 ,relationship to other proceedings ,in conducting the proceeding required by subsection 7a71 the ,commission may consider information and conclusions from other ,commission proceedings regarding the accuracy of the dispatchable location for a #i-a-a call1 but nothing in this section shall be construed to require the ,commission to reconsider any information or conclusion from a proceeding regarding the accuracy of the dispatchable location for a #i-a-a call in which the ,commission has adopted rules or issued an order before the date of the enactment of this ,act4 7c7 ,definitions ,in this section3 7#a7 #i-a-a call ,the term #i-a-a call means a voice call that is placed1 or a message that is sent by other means of communication1 to a public safety answering point 7as defined in section #bbb of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbb77 for the purpose of requesting emergency services4 7#b7 ,dispatchable location ,the term dispatchable location means the street address of the calling party1 and additional information such as room number1 floor number1 or similar information necessary to adequately identify the location of the calling party4 #ejg4 ,,ntia study on interagency process following cybersecurity incidents 7a7 ,in general ,the ,assistant ,secretary of ,commerce for ,communications and ,information shall complete a study on how the ,national ,telecommunications and ,information ,administration can best coordinate the interagency process following cybersecurity incidents4 7b7 ,report to ,congress ,not later than #ah months after the date of the enactment of this ,act1 the ,assistant ,secretary shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report detailing the findings and recommendations of the study conducted under subsection 7a74 #ejh4 ,tribal digital access 7a7 ,tribal broadband data report 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report evaluating broadband coverage in ,indian country 7as defined in section #aaea of title #ah1 ,united ,states ,code7 and on land held by a ,native ,corporation pursuant to the ,alaska ,native ,claims ,settlement ,act4 7#b7 ,required assessments ,the report required by paragraph 7#a7 shall include the following3 7,a7 ,an assessment of areas of ,indian country 7as so defined7 and land held by a ,native ,corporation pursuant to the ,alaska ,native ,claims ,settlement ,act that have adequate broadband coverage4 7,b7 ,an assessment of unserved areas of ,indian country 7as so defined7 and land held by a ,native ,corporation pursuant to the ,alaska ,native ,claims ,settlement ,act4 7b7 ,tribal broadband proceeding ,not later than #cj months after the date of the enactment of this ,act1 the ,commission shall complete a proceeding to address the unserved areas identified in the report under subsection 7a74 #eji4 ,terms of office and vacancies ,section #d7;c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aed7;c77 is amended to read as follows3 7c7 7#a7 ,a commissioner-- 7,a7 shall be appointed for a term of #e years2 7,b7 except as provided in subparagraph 7,c71 may continue to serve after the expiration of the fixed term of office of the commissioner until a successor is appointed and has been confirmed and taken the oath of office2 and 7,c7 may not continue to serve after the expiration of the session of ,congress that begins after the expiration of the fixed term of office of the commissioner4 7#b7 ,any person chosen to fill a vacancy in the ,commission-- 7,a7 shall be appointed for the unexpired term of the commissioner that the person succeeds2 7,b7 except as provided in subparagraph 7,c71 may continue to serve after the expiration of the fixed term of office of the commissioner that the person succeeds until a successor is appointed and has been confirmed and taken the oath of office2 and 7,c7 may not continue to serve after the expiration of the session of ,congress that begins after the expiration of the fixed term of office of the commissioner that the person succeeds4 7#c7 ,no vacancy in the ,commission shall impair the right of the remaining commissioners to exercise all the powers of the ,commission4 4 #eaj4 ,submission of copy of certain documents to ,congress ,section #d of the ,communications ,act of #aicd1 as amended by section #djb7;h71 is further amended by adding at the end the following3 7o7 ,budget estimates and requests2 legislative recommendations1 testimony1 and comments on legislation2 semiannual reports 7#a7 ,budget estimates and requests ,if the ,commission submits any budget estimate or request to the ,president or the ,office of ,management and ,budget1 the ,commission shall concurrently transmit a copy of that estimate or request to ,congress4 7#b7 ,legislative recommendations1 testimony1 and comments on legislation 7,a7 ,in general ,if the ,commission submits any legislative recommendations1 testimony1 or comments on legislation to the ,president or the ,office of ,management and ,budget1 the ,commission shall concurrently transmit a copy thereof to ,congress4 7,b7 ,prohibition ,no officer or agency of the ,united ,states may require the ,commission to submit legislative recommendations1 testimony1 or comments on legislation to any officer or agency of the ,united ,states for approval1 comments1 or review prior to the submission of the recommendations1 testimony1 or comments to ,congress4 7#c7 ,office of ,inspector ,general semiannual reports 7,a7 ,in general ,notwithstanding section #e7;b7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app471 the ,inspector ,general of the ,commission shall concurrently submit each semiannual report required under such section #e7;b7 to the ,commission and to the appropriate committees or subcommittees of ,congress4 7,b7 ,rule of construction ,nothing in subparagraph 7,a7 shall be construed to modify the requirement for the ,commission to submit to the appropriate committees or subcommittees of ,congress each such semiannual report together with a report by the ,commission under such section #e7;b74 4 #eaa4 ,joint board recommendation ,the ,commission may not modify1 amend1 or change its rules or regulations for universal service support payments to implement the ,february #bg1 #bjjd1 recommendations of the ,federal-,state ,joint ,board on ,universal ,service regarding single connection or primary line restrictions on universal service support payments4 #eab4 ,disclaimer for press releases regarding notices of apparent liability ,the ,commission shall include in any press release regarding the issuance of a notice of apparent liability under section #ejc7;b77#d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ejc7;b77#d77 a disclaimer informing consumers that-- 7#a7 the issuance of a notice of apparent liability should be treated only as allegations2 and 7#b7 the amount of any forfeiture penalty proposed in a notice of apparent liability represents the maximum penalty that the ,commission may impose for the violations alleged in the notice of apparent liability4 #eac4 ,reports related to spectrum auctions 7a7 ,estimate of upcoming auctions ,section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77 is amended by adding at the end the following3 7#ah7 ,estimate of upcoming auctions 7,a7 ,not later than ,september #cj1 #bjah1 and annually thereafter1 the ,commission shall make publicly available an estimate of what systems of competitive bidding authorized under this subsection may be initiated during the upcoming #ab-month period4 7,b7 ,the estimate under subparagraph 7,a7 shall1 to the extent possible1 identify the bands of frequencies the ,commission expects to be included in each such system of competitive bidding4 4 7b7 ,auction expenditure justification report ,not later than ,april #a1 #bjai1 and annually thereafter1 the ,commission shall provide to the appropriate committees of ,congress a report containing a detailed justification for the use of proceeds retained by the ,commission under section #cji7;j77#h77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h77;,b77 for the costs of developing and implementing the program required by section #cji7;j7 of that ,act4 7c7 ,definition ,for purposes of this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7#b7 the ,committee on ,appropriations of the ,senate2 7#c7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7#d7 the ,committee on ,appropriations of the ,house of ,representatives4 ,,vi ,viewer ,protection #fja4 ,reserve source for payment of ,,tv broadcaster relocation costs 7a7 ,establishment of fund ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,broadcast ,repack ,fund4 7b7 ,availability of funds 7#a7 ,in general ,if the ,commission makes the certification described in paragraph 7#b71 amounts in the ,broadcast ,repack ,fund shall be available to the ,commission to make reimbursements pursuant to subsection 7b77#d77;,a77i7 or 7b77#d77;,a77ii7 of section #fdjc of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adeb74 7#b7 ,certification ,the certification described in this paragraph is a certification from the ,commission to the ,secretary of the ,treasury that the funds available in the ,,tv ,broadcaster ,relocation ,fund established under subsection 7d7 of such section are likely to be insufficient to reimburse reasonably incurred costs described in subsection 7b77#d77;,a77i7 or 7b77#d77;,a77ii7 of such section4 7#c7 ,availability for payments after ,april #ac1 #bjbj ,notwithstanding subsection 7b77#d77;,d7 of such section1 the ,commission may make payments pursuant to subsection 7b77#d77;,a77i7 or 7b77#d77;,a77ii7 of such section from the ,broadcast ,repack ,fund after ,april #ac1 #bjbj1 if1 before making any such payments after such date1 the ,commission submits to ,congress a certification that such payments are necessary to reimburse reasonably incurred costs described in such subsection4 7c7 ,unused funds rescinded and deposited into the general fund of the ,treasury 7#a7 ,rescission and deposit ,if any unobligated amounts remain in the ,broadcast ,repack ,fund after the date described in paragraph 7#b71 such amounts shall be rescinded and deposited into the general fund of the ,treasury1 where such amounts shall be dedicated for the sole purpose of deficit reduction4 7#b7 ,date described ,the date described in this paragraph is the earlier of-- 7,a7 the date of a certification by the ,commission under paragraph 7#c7 that all reimbursements pursuant to subsections 7b77#d77;,a77i7 and 7b77#d77;,a77ii7 of such section #fdjc have been made2 or 7,b7 ,july #c1 #bjbb4 7#c7 ,certification ,if all reimbursements pursuant to subsections 7b77#d77;,a77i7 and 7b77#d77;,a77ii7 of such section #fdjc have been made before ,july #c1 #bjbb1 the ,commission shall submit to the ,secretary of the ,treasury a certification that all such reimbursements have been made4 7d7 ,administrative costs ,the amount of auction proceeds that the salaries and expenses account of the ,commission is required to retain under section #cji7;j77#h77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h77;,b771 including from the proceeds of the forward auction under section #fdjc of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adeb71 shall be sufficient to cover the administrative costs incurred by the ,commission in making any reimbursements out of the ,broadcast ,repack ,fund4 #fjb4 ,payment of relocation costs of television translator stations and low power television stations 7a7 ,payment required 7#a7 ,in general ,from amounts made available under subsection 7b77#b71 the ,commission shall reimburse costs reasonably incurred by a television translator station or low power television station on or after ,january #a1 #bjag1 in order for such station to relocate its television service from one channel to another channel or otherwise modify its facility as a result of the reorganization of broadcast television spectrum under subsection 7b7 of section #fdjc of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adeb74 ,only stations that are eligible to file and do file an application in the ,commission's ,special ,displacement ,window are eligible to seek reimbursement under this paragraph4 7#b7 ,limitation ,the ,commission may not make reimbursements under paragraph 7#a7 for lost revenues4 7#c7 ,duplicative payments prohibited ,in the case of a low power television station that has been accorded primary status as a ,class ,a television licensee under section #gc4fjja7;a7 of title #dg1 ,code of ,federal ,regulations-- 7,a7 if the licensee of such station has received reimbursement with respect to such station under subsection 7b77#d77;,a77i7 of such section #fdjc 7including from amounts made available under section #fja of this title71 or from any other source1 such station may not receive reimbursement under paragraph 7#a72 and 7,b7 if such station has received reimbursement under paragraph 7#a71 the licensee of such station may not receive reimbursement with respect to such station under subsection 7b77#d77;,a77i7 of such section #fdjc4 7#d7 ,additional limitation ,the ,commission may not make reimbursement under paragraph 7#a7 for costs incurred to resolve mutually exclusive applications1 including costs incurred in any auction of available channels4 7b7 ,funding 7#a7 ,establishment of fund ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,translator and ,low ,power ,station ,relocation ,fund4 7#b7 ,availability of funds 7,a7 ,in general ,amounts in the ,translator and ,low ,power ,station ,relocation ,fund shall be available to the ,commission to make payments required by subsection 7a77#a74 7,b7 ,availability after ,april #ac1 #bjbj ,amounts in the ,translator and ,low ,power ,station ,relocation ,fund shall not be available to the ,commission to make payments required by subsection 7a77#a7 after ,april #ac1 #bjbj1 unless1 before making any such payments after such date1 the ,commission submits to ,congress a certification that such payments are necessary to reimburse costs reasonably incurred by a television translator station or low power television station on or after ,january #a1 #bjag1 in order for such station to relocate its television service from one channel to another channel or otherwise modify its facility as a result of the reorganization of broadcast television spectrum under subsection 7b7 of section #fdjc of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adeb74 7#c7 ,unused funds rescinded and deposited into the general fund of the ,treasury 7,a7 ,rescission and deposit ,if any unobligated amounts remain in the ,translator and ,low ,power ,station ,relocation ,fund after the date described in subparagraph 7,b71 such amounts shall be rescinded and deposited into the general fund of the ,treasury1 where such amounts shall be dedicated for the sole purpose of deficit reduction4 7,b7 ,date described ,the date described in this subparagraph is the earlier of-- 7i7 the date of a certification by the ,commission under subparagraph 7,c7 that all reimbursements pursuant to subsection 7a77#a7 have been made2 or 7ii7 ,july #c1 #bjbc4 7,c7 ,certification ,if all reimbursements pursuant to subsection 7a77#a7 have been made before ,july #c1 #bjbc1 the ,commission shall submit to the ,secretary of the ,treasury a certification that all such reimbursements have been made4 7c7 ,administrative costs ,the amount of auction proceeds that the salaries and expenses account of the ,commission is required to retain under section #cji7;j77#h77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h77;,b771 including from the proceeds of the forward auction under section #fdjc of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adeb71 shall be sufficient to cover the administrative costs incurred by the ,commission in making any reimbursements out of the ,translator and ,low ,power ,station ,relocation ,fund4 7d7 ,definitions ,in this section3 7#a7 ,low power television station ,the term low power television station means a low power ,,tv station 7as defined in section #gd4gja of title #dg1 ,code of ,federal ,regulations7 that was licensed and transmitting for at least #i of the #ab months prior to ,april #ac1 #bjag4 ,for purposes of the preceding sentence1 the operation of analog and digital companion facilities may be combined4 7#b7 ,television translator station ,the term television translator station means a television broadcast translator station 7as defined in section #gd4gja of title #dg1 ,code of ,federal ,regulations7 that was licensed and transmitting for at least #i of the #ab months prior to ,april #ac1 #bjag4 ,for purposes of the preceding sentence1 the operation of analog and digital companion facilities may be combined4 #fjc4 ,payment of relocation costs of ,,fm broadcast stations 7a7 ,payment required 7#a7 ,in general ,from amounts made available under subsection 7b77#b71 the ,commission shall reimburse costs reasonably incurred by an ,,fm broadcast station for facilities necessary for such station to reasonably minimize disruption of service as a result of the reorganization of broadcast television spectrum under subsection 7b7 of section #fdjc of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adeb74 7#b7 ,limitation ,the ,commission may not make reimbursements under paragraph 7#a7 for lost revenues4 7#c7 ,duplicative payments prohibited ,if an ,,fm broadcast station has received a payment for interim facilities from the licensee of a television broadcast station that was reimbursed for such payment under subsection 7b77#d77;,a77i7 of such section #fdjc 7including from amounts made available under section #fja of this title71 or from any other source1 such ,,fm broadcast station may not receive any reimbursements under paragraph 7#a74 7b7 ,funding 7#a7 ,establishment of fund ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,,fm ,broadcast ,station ,relocation ,fund4 7#b7 ,availability of funds 7,a7 ,in general ,amounts in the ,,fm ,broadcast ,station ,relocation ,fund shall be available to the ,commission to make payments required by subsection 7a77#a74 7,b7 ,availability after ,april #ac1 #bjbj ,amounts in the ,,fm ,broadcast ,station ,relocation ,fund shall not be available to the ,commission to make payments required by subsection 7a77#a7 after ,april #ac1 #bjbj1 unless1 before making any such payments after such date1 the ,commission submits to ,congress a certification that such payments are necessary to reimburse costs reasonably incurred by an ,,fm broadcast station for facilities necessary for such station to reasonably minimize disruption of service as a result of the reorganization of broadcast television spectrum under subsection 7b7 of section #fdjc of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adeb74 7#c7 ,unused funds rescinded and deposited into the general fund of the ,treasury 7,a7 ,rescission and deposit ,if any unobligated amounts remain in the ,,fm ,broadcast ,station ,relocation ,fund after the date described in subparagraph 7,b71 such amounts shall be rescinded and deposited into the general fund of the ,treasury1 where such amounts shall be dedicated for the sole purpose of deficit reduction4 7,b7 ,date described ,the date described in this subparagraph is the earlier of-- 7i7 the date of a certification by the ,commission under subparagraph 7,c7 that all reimbursements pursuant to subsection 7a77#a7 have been made2 or 7ii7 ,july #c1 #bjbb4 7,c7 ,certification ,if all reimbursements pursuant to subsection 7a77#a7 have been made before ,july #c1 #bjbb1 the ,commission shall submit to the ,secretary of the ,treasury a certification that all such reimbursements have been made4 7c7 ,administrative costs ,the amount of auction proceeds that the salaries and expenses account of the ,commission is required to retain under section #cji7;j77#h77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h77;,b771 including from the proceeds of the forward auction under section #fdjc of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adeb71 shall be sufficient to cover the administrative costs incurred by the ,commission in making any reimbursements out of the ,,fm ,broadcast ,station ,relocation ,fund4 7d7 ,,fm broadcast station defined ,in this section1 the term ,,fm broadcast station has the meaning given such term in section #gc4caj of title #dg1 ,code of ,federal ,regulations1 and1 for an ,,fm translator1 has the meaning given the term ,,fm translator in section #gd4abja of such title4 #fjd4 ,consumer education payment 7a7 ,establishment of fund ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,broadcast ,station ,relocation ,consumer ,education ,fund4 7b7 ,availability of funds ,amounts in the ,broadcast ,station ,relocation ,consumer ,education ,fund shall be available to the ,commission to make payments solely for the purposes of consumer education relating to the reorganization of broadcast television spectrum under subsection 7b7 of section #fdjc of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adeb74 7c7 ,administrative costs ,the amount of auction proceeds that the salaries and expenses account of the ,commission is required to retain under section #cji7;j77#h77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h77;,b771 including from the proceeds of the forward auction under section #fdjc of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adeb71 shall be sufficient to cover the administrative costs incurred by the ,commission in making any payments out of the ,broadcast ,station ,relocation ,consumer ,education ,fund4 #fje4 ,implementation and enforcement ,the ,commission shall implement and enforce this title as if this title is a part of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq474 ,a violation of this title1 or a regulation promulgated under this title1 shall be considered to be a violation of the ,communications ,act of #aicd1 or a regulation promulgated under such ,act1 respectively4 #fjf4 ,rule of construction ,nothing in this title shall alter the final transition phase completion date established by the ,commission for full power and ,class ,a television stations4 ,,vii ,,mobile ,,now #gja4 ,short title ,this title may be cited as the ,making ,opportunities for ,broadband ,investment and ,limiting ,excessive and ,needless ,obstacles to ,wireless ,act or the ,,mobile ,,now ,act4 #gjb4 ,definitions ,in this title3 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 #gjc4 ,identifying #bee megahertz 7a7 ,requirements 7#a7 ,in general ,not later than ,december #ca1 #bjbb1 the ,secretary1 working through the ,,ntia1 and the ,commission shall identify a total of at least #bee megahertz of ,federal and non-,federal spectrum for mobile and fixed wireless broadband use4 7#b7 ,unlicensed and licensed use ,of the spectrum identified under paragraph 7#a71 not less than-- 7,a7 #ajj megahertz below the frequency of #hjjj megahertz shall be identified for use on an unlicensed basis2 7,b7 #ajj megahertz below the frequency of #fjjj megahertz shall be identified for use on an exclusive1 licensed basis for commercial mobile use1 pursuant to the ,commission's authority to implement such licensing in a flexible manner1 and subject to potential continued use of such spectrum by incumbent ,federal entities in designated geographic areas indefinitely or for such length of time stipulated in transition plans approved by the ,technical ,panel under section #aac7;h7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;h77 for those incumbent entities to be relocated to alternate spectrum2 and 7,c7 #ee megahertz below the frequency of #hjjj megahertz shall be identified for use on either a licensed or unlicensed basis1 or a combination of licensed and unlicensed4 7#c7 ,non-eligible spectrum ,for purposes of satisfying the requirement under paragraph 7#a71 the following spectrum shall not be counted3 7,a7 ,the frequencies between #afie and #agaj megahertz4 7,b7 ,the frequencies between #agee and #aghj megahertz4 7,c7 ,the frequencies between #baee and #bahj megahertz4 7,d7 ,the frequencies between #ceej and #cgjj megahertz4 7,e7 ,spectrum that the ,commission determines had more than de minimis mobile or fixed wireless broadband operations within the band on the day before the date of enactment of this ,act4 7#d7 ,treatment of certain other spectrum ,spectrum identified pursuant to this section may include eligible spectrum1 if any1 identified after the date of enactment of this ,act pursuant to title ,x of the ,bipartisan ,budget ,act of #bjae 7,public ,law #aad-gd74 7#e7 ,spectrum made available on and after ,february #aa1 #bjaf ,any spectrum that has been made available for licensed or unlicensed use on and after ,february #aa1 #bjaf1 and that otherwise satisfies the requirements of this section may be counted towards the requirements of this subsection4 7#f7 ,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#g7 ,considerations ,in identifying spectrum for use under this section1 the ,secretary1 working through the ,,ntia1 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 7,d7 the need for appropriate enforcement mechanisms and authorities2 and 7,e7 the importance of the deployment of wireless broadband services in rural areas of the ,united ,states4 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 #gjd4 ,millimeter wave spectrum 7a7 ,,fcc proceeding ,not later than #b years after the date of enactment of this ,act1 the ,commission 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 radio frequency band between #dbjjj and #dbejj megahertz4 7b7 ,considerations ,in conducting a rulemaking under subsection 7a71 the ,commission shall-- 7#a7 consider how the band described in subsection 7a7 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 band on a shared basis2 and 7#b7 include technical characteristics under which the band described in subsection 7a7 may be employed for mobile or fixed terrestrial wireless operations1 including any appropriate coexistence requirements4 7c7 ,spectrum made available on and after ,february #aa1 #bjaf ,any spectrum that has been made available for licensed or unlicensed use on or after ,february #aa1 #bjaf1 and that otherwise satisfies the requirements of section #gjc may be counted towards the requirements of section #gjc7;a74 #gje4 #c gigahertz spectrum 7a7 ,between #cajj megahertz and #ceej megahertz ,not later than #bd months 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 ,secretary1 working through the ,,ntia1 shall submit to the ,commission 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 #ah months after the date of enactment of this ,act1 after notice and an opportunity for public comment1 and in consultation with the ,secretary1 working through the ,,ntia1 and the head of each affected ,federal agency 7or a designee thereof71 the ,commission shall submit to the ,secretary and the appropriate committees of ,congress a report evaluating the feasibility of allowing commercial wireless services1 licensed or unlicensed1 to use or share use of the frequencies between #cgjj megahertz and #dbjj megahertz4 7c7 ,requirements ,a report under subsection 7a7 or 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 services through the assignment of new licenses by competitive bidding1 for sharing with unlicensed operations1 or through a combination of licensing and unlicensed operations4 7d7 ,commission action ,the ,commission1 in consultation with the ,,ntia1 shall seek public comment on the reports required under subsections 7a7 and 7b71 including regarding the bands identified in such report as feasible pursuant to subsection 7c77#d74 #gjf4 ,broadband infrastructure deployment 7a7 ,definitions ,in this section3 7#a7 ,appropriate state agency ,the term appropriate ,state agency means a ,state governmental agency that is recognized by the executive branch of the ,state as having the experience necessary to evaluate and carry out projects relating to the proper and effective installation and operation of broadband infrastructure4 7#b7 ,broadband infrastructure ,the term broadband infrastructure means any buried1 underground1 or aerial facility1 and any wireless or wireline connection1 that enables users to send and receive voice1 video1 data1 graphics1 or any combination thereof4 7#c7 ,broadband infrastructure entity ,the term broadband infrastructure entity means any entity that-- 7,a7 installs1 owns1 or operates broadband infrastructure2 and 7,b7 provides broadband services in a manner consistent with the public interest1 convenience1 and necessity1 as determined by the ,state4 7#d7 ,state ,the term ,state means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 and 7,c7 the ,commonwealth of ,puerto ,rico4 7b7 ,broadband infrastructure deployment ,to facilitate the installation of broadband infrastructure1 the ,secretary of ,transportation shall promulgate regulations to ensure that each ,state that receives funds under chapter #a of title #bc1 ,united ,states ,code1 meets the following requirements3 7#a7 ,broadband consultation ,the ,state department of transportation1 in consultation with appropriate ,state agencies1 shall-- 7,a7 identify a broadband utility coordinator1 that may have additional responsibilities1 whether in the ,state department of transportation or in another ,state agency1 that is responsible for facilitating the broadband infrastructure right-of-way efforts within the ,state2 7,b7 establish a process for the registration of broadband infrastructure entities that seek to be included in those broadband infrastructure right-of-way facilitation efforts within the ,state2 7,c7 establish a process to electronically notify broadband infrastructure entities identified under subparagraph 7,b7 of the ,state transportation improvement program on an annual basis and provide additional notifications as necessary to achieve the goals of this section2 and 7,d7 coordinate initiatives carried out under this section with other statewide telecommunication and broadband plans and ,state and local transportation and land use plans1 including strategies to minimize repeated excavations that involve the installation of broadband infrastructure in a right-of-way4 7#b7 ,priority ,if a ,state chooses to provide for the installation of broadband infrastructure in the right-of-way of an applicable ,federal-aid highway project under this subsection1 the ,state department of transportation shall carry out any appropriate measures to ensure that any existing broadband infrastructure entities are not disadvantaged1 as compared to other broadband infrastructure entities1 with respect to the program under this subsection4 7c7 ,effect of section ,this section applies only to activities for which ,federal obligations or expenditures are initially approved on or after the date regulations under subsection 7b7 become effective4 ,nothing in this section establishes a mandate or requirement that a ,state install or allow the installation of broadband infrastructure in a highway right-of-way4 ,nothing in this section authorizes the ,secretary of ,transportation to withhold or reserve funds or approval of a project under title #bc1 ,united ,states ,code4 #gjg4 ,reallocation incentives 7a7 ,in general ,not later than #bd months after the date of enactment of this ,act1 the ,assistant ,secretary of ,commerce for ,communications and ,information1 in consultation with the ,commission1 the ,director of ,,omb1 and the head of each affected ,federal agency 7or a designee thereof71 after notice and an opportunity for public comment1 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 ,assistant ,secretary of ,commerce for ,communications and ,information 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 ,assistant ,secretary of ,commerce for ,communications and ,information 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 #gjh4 ,bidirectional sharing study 7a7 ,in general ,not later than #ah months 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-- 7#a7 consider the regulatory certainty that commercial spectrum users and ,federal entities need to make longer-term investment decisions for shared access to be viable2 and 7#b7 evaluate any barriers to voluntary commercial arrangements in which non-,federal users could provide access to ,federal entities4 #gji4 ,unlicensed services in guard bands 7a7 ,in general ,after public notice and comment1 and in consultation with the ,assistant ,secretary of ,commerce for ,communications and ,information and the head of each affected ,federal agency 7or a designee thereof71 with respect to frequencies allocated for ,federal use1 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 service4 7c7 ,rule of construction ,nothing in this section shall be construed as limiting the ,commission or the ,assistant ,secretary of ,commerce for ,communications and ,information from otherwise making spectrum available for licensed or unlicensed use in any frequency band in addition to guard bands1 including under section #gjc1 consistent with their statutory jurisdictions4 #gaj4 ,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 notice and an opportunity for public comment1 after the ,commission4 #gaa4 ,,gao assessment of unlicensed spectrum and ,wi-,fi use in low-income neighborhoods 7a7 ,study 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study to evaluate the availability of broadband ,internet access using unlicensed spectrum and wireless networks in low-income neighborhoods4 7#b7 ,requirements ,in conducting the study under paragraph 7#a71 the ,comptroller ,general shall consider and evaluate-- 7,a7 the availability of wireless ,internet hot spots and access to unlicensed spectrum in low-income neighborhoods1 particularly for elementary and secondary school-aged children in such neighborhoods2 7,b7 any barriers preventing or limiting the deployment and use of wireless networks in low-income neighborhoods2 7,c7 how to overcome any barriers described in subparagraph 7,b71 including through incentives1 policies1 or requirements that would increase the availability of unlicensed spectrum and related technologies in low-income neighborhoods2 and 7,d7 how to encourage home broadband adoption by households with elementary and secondary school-age children that are in low-income neighborhoods4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general 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 that-- 7#a7 summarizes the findings of the study conducted under subsection 7a72 and 7#b7 makes recommendations with respect to potential incentives1 policies1 and requirements that could help achieve the goals described in subparagraphs 7,c7 and 7,d7 of subsection 7a77#b74 #gab4 ,rulemaking related to partitioning or disaggregating licenses 7a7 ,definitions ,in this section3 7#a7 ,covered small carrier ,the term covered small carrier means a carrier 7as defined in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec77 that-- 7,a7 has not more than #a1ejj employees 7as determined under section #aba4ajf of title #ac1 ,code of ,federal ,regulations1 or any successor thereto72 and 7,b7 offers services using the facilities of the carrier4 7#b7 ,rural area ,the term rural area means any area other than-- 7,a7 a city1 town1 or incorporated area that has a population of more than #bj1jjj inhabitants2 or 7,b7 an urbanized area contiguous and adjacent to a city or town that has a population of more than #ej1jjj inhabitants4 7b7 ,rulemaking 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commission shall initiate a rulemaking proceeding to assess whether to establish a program1 or modify existing programs1 under which a licensee that receives a license for the exclusive use of spectrum in a specific geographic area under section #cja of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cja7 may partition or disaggregate the license by sale or long-term lease-- 7,a7 in order to-- 7i7 provide services consistent with the license2 and 7ii7 make unused spectrum available to-- 7,i7 an unaffiliated covered small carrier2 or 7,,ii7 an unaffiliated carrier to serve a rural area2 and 7,b7 if the ,commission finds that such a program would promote-- 7i7 the availability of advanced telecommunications services in rural areas2 or 7ii7 spectrum availability for covered small carriers4 7#b7 ,considerations ,in conducting the rulemaking proceeding under paragraph 7#a71 the ,commission shall consider1 with respect to the program proposed to be established under that paragraph-- 7,a7 whether reduced performance requirements with respect to spectrum obtained through the program would facilitate deployment of advanced telecommunications services in the areas covered by the program2 7,b7 what conditions may be needed on transfers of spectrum under the program to allow covered small carriers that obtain spectrum under the program to build out the spectrum in a reasonable period of time2 7,c7 what incentives may be appropriate to encourage licensees to lease or sell spectrum1 including-- 7i7 extending the term of a license granted under section #cja of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cja72 or 7ii7 modifying performance requirements of the license relating to the leased or sold spectrum2 and 7,d7 the administrative feasibility of-- 7i7 the incentives described in subparagraph 7,c72 and 7ii7 other incentives considered by the ,commission that further the goals of this section4 7#c7 ,forfeiture of spectrum ,if a party fails to meet any build out requirements set by the ,commission for any spectrum sold or leased under this section1 the right to the spectrum shall be forfeited to the ,commission unless the ,commission finds that there is good cause for the failure of the party4 7#d7 ,requirement ,the ,commission may offer a licensee incentives or reduced performance requirements under this section only if the ,commission finds that doing so would likely result in increased availability of advanced telecommunications services in a rural area4 #gac4 ,unlicensed spectrum policy 7a7 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to maximize the benefit to the people of the ,united ,states of the spectrum resources of the ,united ,states2 7#b7 to advance innovation and investment in wireless broadband services2 and 7#c7 to promote spectrum policy that makes available on an unlicensed basis radio frequency bands to address consumer demand for unlicensed wireless broadband operations4 7b7 ,commission responsibilities ,the ,commission shall ensure that the efforts of the ,commission related to spectrum allocation and assignment made available on an unlicensed basis radio frequency bands to address demand for unlicensed wireless broadband operations if doing so is1 after taking into account the future needs of homeland security1 national security1 and other spectrum users-- 7#a7 reasonable2 and 7#b7 in the public interest4 7c7 ,rule of construction ,nothing in this section confers any additional rights on unlicensed users or users licensed by rule under part #if of title #dg1 ,code of ,federal ,regulations1 to protection from harmful interference4 #gad4 ,national plan for unlicensed spectrum 7a7 ,definitions ,in this section3 7#a7 ,spectrum relocation fund ,the term ,spectrum ,relocation ,fund means the ,fund established under section #aah of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh74 7#b7 ,unlicensed or licensed by rule operations ,the term unlicensed or licensed by rule operations means the use of spectrum on a non-exclusive basis under-- 7,a7 part #ae of title #dg1 ,code of ,federal ,regulations2 or 7,b7 licensing by rule under part #if of title #dg1 ,code of ,federal ,regulations4 7b7 ,national plan ,not later than #ah months after the date of enactment of this ,act1 the ,commission1 in consultation with the ,,ntia1 shall develop a national plan for making additional radio frequency bands available for unlicensed or licensed by rule operations4 7c7 ,requirements ,the plan developed under this section shall-- 7#a7 identify an approach that ensures that consumers have access to additional spectrum to conduct unlicensed or licensed by rule operations in a range of radio frequencies to meet consumer demand2 7#b7 recommend specific actions by the ,commission and the ,,ntia to permit unlicensed or licensed by rule operations in additional radio frequency ranges that the ,commission finds-- 7,a7 are consistent with the statement of policy under section #gac7;a72 7,b7 will-- 7i7 expand opportunities for unlicensed or licensed by rule operations in a spectrum band2 or 7ii7 otherwise improve spectrum utilization and intensity of use of bands where unlicensed or licensed by rule operations are already permitted2 7,c7 will not cause harmful interference to ,federal or non-,federal users of such bands2 and 7,d7 will not significantly impact homeland security or national security communications systems2 and 7#c7 examine additional ways1 with respect to existing and planned databases or spectrum access systems designed to promote spectrum sharing and access to spectrum for unlicensed or licensed by rule operations-- 7,a7 to improve accuracy and efficacy2 7,b7 to reduce burdens on consumers1 manufacturers1 and service providers2 and 7,c7 to protect sensitive ,government information4 7d7 ,spectrum relocation fund ,to be included as an appendix as part of the plan developed under this section1 the ,,ntia1 in consultation with the ,director of the ,office of ,management and ,budget1 shall share with the ,commission recommendations about how to reform the ,spectrum ,relocation ,fund-- 7#a7 to address costs incurred by ,federal entities related to sharing radio frequency bands with radio technologies conducting unlicensed or licensed by rule operations2 and 7#b7 to ensure the ,spectrum ,relocation ,fund has sufficient funds to cover-- 7,a7 the costs described in paragraph 7#a72 and 7,b7 other expenditures allowed of the ,spectrum ,relocation ,fund under section #aah of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh74 7e7 ,report required 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,commission shall submit to the appropriate committees of ,congress a report that describes the plan developed under this section1 including any recommendations for legislative change4 7#b7 ,publication on commission website ,not later than the date on which the ,commission submits the report under paragraph 7#a71 the ,commission shall make the report publicly available on the website of the ,commission4 7f7 ,rule of construction ,nothing in this section confers any additional rights on unlicensed users or users licensed by rule under part #if of title #dg1 ,code of ,federal ,regulations1 to protection from harmful interference4 #gae4 ,spectrum challenge prize 7a7 ,short title ,this section may be cited as the ,spectrum ,challenge ,prize ,act4 7b7 ,definition of prize competition ,in this section1 the term prize competition means a prize competition conducted by the ,secretary under subsection 7c77#a74 7c7 ,spectrum challenge prize 7#a7 ,in general ,the ,secretary1 in consultation with the ,assistant ,secretary of ,commerce for ,communications and ,information and the ,under ,secretary of ,commerce for ,standards and ,technology1 shall1 subject to the availability of funds for prize competitions under this section-- 7,a7 conduct prize competitions to dramatically accelerate the development and commercialization of technology that improves spectrum efficiency and is capable of cost-effective deployment2 and 7,b7 define a measurable set of performance goals for participants in the prize competitions to demonstrate their solutions on a level playing field while making a significant advancement over the current state of the art4 7#b7 ,authority of ,secretary ,in carrying out paragraph 7#a71 the ,secretary may-- 7,a7 enter into a grant1 contract1 cooperative agreement1 or other agreement with a private sector for-profit or nonprofit entity to administer the prize competitions2 7,b7 invite the ,defense ,advanced ,research ,projects ,agency1 the ,commission1 the ,national ,aeronautics and ,space ,administration1 the ,national ,science ,foundation1 or any other ,federal agency to provide advice and assistance in the design or administration of the prize competitions2 and 7,c7 award not more than #e1jjj1jjj1 in the aggregate1 to the winner or winners of the prize competitions4 7d7 ,criteria ,not later than #ahj days after the date on which funds for prize competitions are made available pursuant to this section1 the ,commission shall publish a technical paper on spectrum efficiency providing criteria that may be used for the design of the prize competitions4 7e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section4 #gaf4 ,wireless telecommunications tax and fee collection fairness 7a7 ,short title ,this section may be cited as the ,wireless ,telecommunications ,tax and ,fee ,collection ,fairness ,act4 7b7 ,definitions ,in this section3 7#a7 ,financial transaction ,the term financial transaction means a transaction in which the purchaser or user of a wireless telecommunications service upon whom a tax1 fee1 or surcharge is imposed gives cash1 credit1 or any other exchange of monetary value or consideration to the person who is required to collect or remit the tax1 fee1 or surcharge4 7#b7 ,local jurisdiction ,the term local jurisdiction means a political subdivision of a ,state4 7#c7 ,state ,the term ,state means any of the several ,states1 the ,district of ,columbia1 and any territory or possession of the ,united ,states4 7#d7 ,state or local jurisdiction ,the term ,state or local jurisdiction includes any governmental entity or person acting on behalf of a ,state or local jurisdiction that has the authority to assess1 impose1 levy1 or collect taxes or fees4 7#e7 ,wireless telecommunications service ,the term wireless telecommunications service means a commercial mobile radio service1 as defined in section #bj4c of title #dg1 ,code of ,federal ,regulations1 or any successor thereto4 7c7 ,financial transaction requirement 7#a7 ,in general ,a ,state1 or a local jurisdiction of a ,state1 may not require a person who is neither a resident of such ,state or local jurisdiction nor an entity having its principal place of business in such ,state or local jurisdiction to collect from1 or remit on behalf of1 any other person a ,state or local tax1 fee1 or surcharge imposed on a purchaser or user with respect to the purchase or use of any wireless telecommunications service within the ,state unless the collection or remittance is in connection with a financial transaction4 7#b7 ,rule of construction ,nothing in this subsection shall be construed to affect the right of a ,state or local jurisdiction to require the collection of any tax1 fee1 or surcharge in connection with a financial transaction4 7d7 ,enforcement 7#a7 ,private right of action ,any person aggrieved by a violation of subsection 7c7 may bring a civil action in an appropriate district court of the ,united ,states for equitable relief in accordance with paragraph 7#b7 of this subsection4 7#b7 ,jurisdiction of district courts ,notwithstanding section #acda of title #bh1 ,united ,states ,code1 or the constitution or laws of any ,state1 the district courts of the ,united ,states shall have jurisdiction1 without regard to the amount in controversy or citizenship of the parties1 to grant such mandatory or prohibitive injunctive relief1 interim equitable relief1 and declaratory judgments as may be necessary to prevent1 restrain1 or terminate any acts in violation of subsection 7c74 #gag4 ,rules of construction 7a7 ,ranges of frequencies ,each range of frequencies described in this title shall be construed to be inclusive of the upper and lower frequencies in the range4 7b7 ,assessment of electromagnetic spectrum reallocation ,nothing in this title 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 #gah4 ,relationship to ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab ,nothing in this title 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 #gai4 ,no additional funds authorized ,no additional funds are authorized to be appropriated to carry out this title1 or the amendment made by this title4 ,this title1 and the amendment made by this title1 shall be carried out using amounts otherwise authorized4 ,passed the ,house of ,representatives ,march #f1 #bjah4;,clerk4