#aaeth ,,congress #ast ,session ,s4 #ai ,,an ,,act ,to provide opportunities for broadband investment1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,making ,opportunities for ,broadband ,investment and ,limiting ,excessive and ,needless ,obstacles to ,wireless ,act or the ,,mobile ,,now ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,sec4 #c4 ,making #ejj megahertz available4,sec4 #d4 ,millimeter wave spectrum4,sec4 #e4 #c gigahertz spectrum4,sec4 #f4 ,communications facilities deployment on ,federal property4,sec4 #g4 ,broadband infrastructure deployment4,sec4 #h4 ,national broadband facilities asset database4,sec4 #i4 ,reallocation incentives4,sec4 #aj4 ,bidirectional sharing study4,sec4 #aa4 ,unlicensed services in guard bands4,sec4 #ab4 ,pre-auction funding4,sec4 #ac4 ,immediate transfer of funds4,sec4 #ad4 ,amendments to the ,spectrum ,pipeline ,act of #bjae4,sec4 #ae4 ,,gao assessment of unlicensed spectrum and ,wi-,fi use in low-income neighborhoods4,sec4 #af4 ,rulemaking related to partitioning or disaggregating licenses4,sec4 #ag4 ,unlicensed spectrum policy4,sec4 #ah4 ,national plan for unlicensed spectrum4,sec4 #ai4 ,spectrum challenge prize4,sec4 #bj4 ,wireless telecommunications tax and fee collection fairness4,sec4 #ba4 ,rules of construction4,sec4 #bb4 ,relationship to ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,b7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,c7 each committee of the ,senate or of the ,house of ,representatives with jurisdiction over a ,federal entity affected by the applicable section in which the term appears4 7#b7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#c7 ,federal entity ,the term ,federal entity has the meaning given the term in section #aac7l7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7l774 7#d7 ,,ntia ,the term ,,ntia means the ,national ,telecommunications and ,information ,administration of the ,department of ,commerce4 7#e7 ,,omb ,the term ,,omb means the ,office of ,management and ,budget4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 #c4 ,making #ejj megahertz available 7a7 ,requirements 7#a7 ,in general ,consistent with the ,presidential ,memorandum of ,june #bh1 #bjaj1 entitled ,unleashing the ,wireless ,broadband ,revolution and establishing a goal of making a total of #ejj megahertz of ,federal and non-,federal spectrum available on a licensed or unlicensed basis for wireless broadband use by #bjbj1 not later than ,december #ca1 #bjbj1 the ,secretary1 working through the ,,ntia1 and the ,commission shall make available a total of at least #bee megahertz of ,federal and non-,federal spectrum below the frequency of #fjjj megahertz for mobile and fixed wireless broadband use4 7#b7 ,unlicensed and licensed use ,of the spectrum made available under paragraph 7#a71 not less than-- 7,a7 #ajj megahertz shall be made available on an unlicensed basis2 and 7,b7 #ajj megahertz shall be made available 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 spectrum4 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 ,relocation prioritized over sharing ,this section shall be carried out in accordance with section #aac7;j7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;j774 7#e7 ,considerations ,in making spectrum available under this section1 the ,secretary and ,commission shall consider-- 7,a7 the need to preserve critical existing and planned ,federal ,government capabilities2 7,b7 the impact on existing ,state1 local1 and tribal government capabilities2 7,c7 the international implications2 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 #d4 ,millimeter wave spectrum 7a7 ,feasibility assessment ,not later than #ah months after the date of enactment of this ,act1 the ,,ntia1 in consultation with the ,commission1 shall conduct a feasibility assessment regarding the impact1 on ,federal entities and operations in any of the following bands1 of authorizing mobile or fixed terrestrial wireless operations1 including for advanced mobile service operations1 in the following bands3 7#a7 ,the band between #cahjj and #ccdjj megahertz4 7#b7 ,the band between #gajjj and #gfjjj megahertz4 7#c7 ,the band between #hajjj and #hfjjj megahertz4 7b7 ,requirements ,in conducting the feasibility assessment under subsection 7a71 the ,,ntia shall-- 7#a7 consult directly with ,federal entities with respect to frequencies allocated to ,federal use by such entities in the bands identified in that subsection2 7#b7 consider what1 if any1 impact authorizing mobile or fixed terrestrial wireless operations1 including advanced mobile services operations1 in any of such frequencies would have on an affected ,federal entity2 and 7#c7 identify any such frequencies in the bands described in that subsection that the ,,ntia assessment determines are feasible for authorizing for mobile or fixed terrestrial wireless operations1 including any advanced mobile service operations4 7c7 ,report to ,congress and the ,commission ,not later than #cj days after the date the feasibility assessment under subsection 7a7 is complete1 the ,,ntia shall submit to the appropriate committees of ,congress a report on the feasibility assessment and provide a copy to the ,commission4 7d7 ,,fcc proceeding ,not later than #b years after the date of enactment of this ,act or #ij days after the date it receives the feasibility assessment under subsection 7c71 whichever is earlier1 the ,commission1 in consultation with the ,,ntia1 shall publish a notice of proposed rulemaking to consider service rules to authorize mobile or fixed terrestrial wireless operations1 including for advanced mobile service operations1 in the following radio frequency bands3 7#a7 ,the band between #bdbej and #bddej megahertz4 7#b7 ,the band between #bejej and #bebej megahertz4 7#c7 ,the band between #cahjj and #ccdjj megahertz1 except for any frequencies with ,federal allocations4 7#d7 ,the band between #dbjjj and #dbejj megahertz4 7#e7 ,the band between #gajjj and #gfjjj megahertz1 except for any frequencies with ,federal allocations4 7#f7 ,the band between #hajjj and #hfjjj megahertz1 except for any frequencies with ,federal allocations4 7#g7 ,any frequencies with ,federal allocations identified as feasible under subsection 7b77#c74 7e7 ,considerations ,in conducting a rulemaking under subsection 7d71 the ,commission shall-- 7#a7 consult with ,federal entities via the ,,ntia regarding the frequencies described in subsection 7d77#g72 7#b7 consider how the bands described in subsection 7d7 may be used to provide commercial wireless broadband service1 including whether-- 7,a7 such spectrum may be best used for licensed or unlicensed services1 or some combination thereof2 and 7,b7 to permit additional licensed operations in such bands on a shared basis2 and 7#c7 include technical characteristics under which the bands described in subsection 7d7 may be employed for mobile or fixed terrestrial wireless operations1 including any appropriate coexistence requirements4 #e4 #c gigahertz spectrum 7a7 ,between #cajj megahertz and #ceej megahertz ,not later than #ah 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 ,secretary 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 ,secretary 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 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 reports as feasible pursuant to subsection 7c77#d74 #f4 ,communications facilities deployment on ,federal property 7a7 ,in general ,section #fdji of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7 is amended by striking subsections 7b71 7c71 and 7d7 and inserting the following3 7b7 ,federal easements1 rights-of-,way1 and leases 7#a7 ,grant ,if an executive agency1 a ,state1 a political subdivision or agency of a ,state1 or a person1 firm1 or organization applies for the grant of an easement1 right-of-way1 or lease to1 in1 over1 or on a building or other property owned by the ,federal ,government for the right to install1 construct1 modify1 or maintain a communications facility installation1 the executive agency having control of the building or other property may grant to the applicant1 on behalf of the ,federal ,government1 subject to paragraph 7#e71 an easement1 right-of-way1 or lease to perform such installation1 construction1 modification1 or maintenance4 7#b7 ,application 7,a7 ,in general ,the ,administrator of ,general ,services shall develop a common form for applications for easements1 rights-of-way1 and leases under paragraph 7#a7 for all executive agencies that1 except as provided in subparagraph 7,b71 shall be used by all executive agencies and applicants with respect to the buildings or other property of each such agency4 7,b7 ,exception ,the requirement under subparagraph 7,a7 for an executive agency to use the common form developed by the ,administrator of ,general ,services shall not apply to an executive agency if the head of an executive agency notifies the ,administrator that the executive agency uses a substantially similar application4 7#c7 ,fee 7,a7 ,in general ,notwithstanding any other provision of law1 the ,administrator of ,general ,services shall establish a fee for the grant of an easement1 right-of-way1 or lease pursuant to paragraph 7#a7 that is based on direct cost recovery4 7,b7 ,exceptions ,the ,administrator of ,general ,services may establish exceptions to the fee amount required under subparagraph 7,a7-- 7i7 in consideration of the public benefit provided by a grant of an easement1 right-of-way1 or lease2 and 7ii7 in the interest of expanding wireless and broadband coverage4 7#d7 ,use of fees collected ,any fee amounts collected by an executive agency pursuant to paragraph 7#c7 may be made available1 as provided in appropriations ,acts1 to such agency to cover the costs of granting the easement1 right-of-way1 or lease4 7#e7 ,timely consideration of applications 7,a7 ,in general ,not later than #bgj days after the date on which an executive agency receives a duly filed application for an easement1 right-of-way1 or lease under this subsection1 the executive agency shall-- 7i7 grant or deny1 on behalf of the ,federal ,government1 the application2 and 7ii7 notify the applicant of the grant or denial4 7,b7 ,explanation of denial ,if an executive agency denies an application under subparagraph 7,a71 the executive agency shall notify the applicant in writing1 including a clear statement of the reasons for the denial4 7,c7 ,applicability of environmental laws ,nothing in this paragraph shall be construed to relieve an executive agency of the requirements of division ,a of subtitle ,,iii of title #ed1 ,united ,states ,code1 or the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,d7 ,point of contact ,upon receiving an application under subparagraph 7,a71 an executive agency shall designate one or more appropriate individuals within the executive agency to act as a point of contact with the applicant4 7c7 ,master contracts for communications facility installation sitings 7#a7 ,in general ,notwithstanding section #gjd of the ,telecommunications ,act of #aiif 7,public ,law #ajd-ajd2 #aaj ,stat4 #aea7 or any other provision of law1 the ,administrator of ,general ,services shall-- 7,a7 develop one or more master contracts that shall govern the placement of communications facility installations on buildings and other property owned by the ,federal ,government2 and 7,b7 in developing the master contract or contracts1 standardize the treatment of the placement of communications facility installations on building rooftops or facades1 the placement of communications facility installations on rooftops or inside buildings1 the technology used in connection with communications facility installations placed on ,federal buildings and other property1 and any other key issues the ,administrator of ,general ,services considers appropriate4 7#b7 ,applicability ,the master contract or contracts developed by the ,administrator of ,general ,services under paragraph 7#a7 shall apply to all publicly accessible buildings and other property owned by the ,federal ,government1 unless the ,administrator of ,general ,services decides that issues with respect to the siting of a communications facility installation on a specific building or other property warrant nonstandard treatment of such building or other property4 7#c7 ,application 7,a7 ,in general ,the ,administrator of ,general ,services shall develop a common form or set of forms for communications facility installation siting applications that1 except as provided in subparagraph 7,b71 shall be used by all executive agencies and applicants with respect to the buildings and other property of each such agency4 7,b7 ,exception ,the requirement under subparagraph 7,a7 for an executive agency to use the common form or set of forms developed by the ,administrator of ,general ,services shall not apply to an executive agency if the head of the executive agency notifies the ,administrator that the executive agency uses a substantially similar application4 7d7 ,definitions ,in this section3 7#a7 ,communications facility installation ,the term communications facility installation includes-- 7,a7 any infrastructure1 including any transmitting device1 tower1 or support structure1 and any equipment1 switches1 wiring1 cabling1 power sources1 shelters1 or cabinets1 associated with the licensed or permitted unlicensed wireless or wireline transmission of writings1 signs1 signals1 data1 images1 pictures1 and sounds of all kinds2 and 7,b7 any antenna or apparatus that-- 7i7 is designed for the purpose of emitting radio frequency2 7ii7 is designed to be operated1 or is operating1 from a fixed location pursuant to authorization by the ,commission or is using duly authorized devices that do not require individual licenses2 and 7iii7 is added to a tower1 building1 or other structure4 7#b7 ,executive agency ,the term executive agency has the meaning given such term in section #ajb of title #dj1 ,united ,states ,code4 4 7b7 ,savings provision ,an application for an easement1 right-of-way1 or lease that was made or granted under section #fdji of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7 before the date of enactment of this ,act shall continue1 subject to that section as in effect on the day before such date of enactment4 7c7 ,streamlining broadband facility applications 7#a7 ,definition of communications facility installation ,in this subsection1 the term communications facility installation has the meaning given the term in section #fdji7;d7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7;d771 as amended by subsection 7a74 7#b7 ,recommendations 7,a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,,ntia1 in coordination with the ,department of the ,interior1 the ,department of ,agriculture1 the ,department of ,defense1 the ,department of ,transportation1 ,,omb1 and the ,general ,services ,administration1 shall develop recommendations to streamline the process for considering applications by those agencies under section #fdji7;b7 of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adee7;b771 as amended by subsection 7a74 7,b7 ,requirements for recommendations ,the recommendations developed under subparagraph 7,a7 shall include-- 7i7 procedures for the tracking of applications described in subparagraph 7,a72 7ii7 methods by which to reduce the amount of time between the receipt of an application and the issuance of a final decision on an application2 7iii7 policies to expedite renewals of an easement1 license1 or other authorization to locate communications facility installations on land managed by the agencies described in subparagraph 7,a72 and 7iv7 policies that would prioritize or streamline a permit for construction in a previously-disturbed right-of-way4 7,c7 ,report to ,congress ,not later than #b years after the date on which the recommendations required under subparagraph 7,a7 are developed1 the ,,ntia 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 describes-- 7i7 the status of the implementation of the recommendations developed under subparagraph 7,a72 and 7ii7 any improvements to the process for considering applications described in subparagraph 7,a7 that have resulted from those recommendations1 including in particular the speed at which such applications are reviewed and a final determination is issued4 #g4 ,broadband infrastructure deployment 7a7 ,finding regarding ,federal and ,state departments of transportation ,congress finds that it is the policy of the ,united ,states for the ,department of ,transportation and ,state departments of transportation-- 7#a7 to adjust or otherwise develop right-of-way policies for ,federal-aid highways to effectively accommodate broadband infrastructure2 7#b7 to allow for the safe and efficient accommodation of broadband infrastructure in the public right-of-way2 and 7#c7 to the extent applicable1 to coordinate with other statewide telecommunication and broadband plans when developing a statewide transportation improvement program4 7b7 ,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 7c7 ,broadband infrastructure deployment ,to facilitate the installation of broadband infrastructure and achieve the policy described in subsection 7a71 the ,secretary of ,transportation shall 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 7d7 ,effect of section ,this section applies only to activities for which obligations or expenditures are initially approved on or after the date of enactment of this ,act4 ,nothing in this section establishes a mandate or requirement that a ,state install broadband infrastructure in a highway right-of-way4 #h4 ,national broadband facilities asset database 7a7 ,definitions ,in this section3 7#a7 ,communications facility installation ,the term communications facility installation includes-- 7,a7 any infrastructure1 including any transmitting device1 tower1 or support structure1 and any equipment1 switches1 wiring1 cabling1 power sources1 shelters1 or cabinets1 associated with the licensed or permitted unlicensed wireless or wireline transmission of writings1 signs1 signals1 data1 images1 pictures1 and sounds of all kinds2 and 7,b7 any antenna or apparatus that-- 7i7 is designed for the purpose of emitting radio frequency2 7ii7 is designed to be operated1 or is operating1 from a fixed location pursuant to authorization by the ,commission or is using duly authorized devices that do not require individual licenses2 and 7iii7 is added to a tower1 building1 or other structure4 7#b7 ,covered property ,the term covered property-- 7,a7 means any real property capable of supporting a communications facility installation2 and 7,b7 includes any interest in real property described in subparagraph 7,a74 7#c7 ,database ,the term database means the database established under subsection 7b74 7#d7 ,executive agency ,the term ,executive agency has the meaning given the term in section #aje of title #e1 ,united ,states ,code4 7b7 ,database established ,not later than ,june #cj1 #bjah1 the ,director of the ,office of ,science and ,technology ,policy1 in consultation with the ,chairman of the ,commission1 ,assistant ,secretary of ,commerce for ,communications and ,information1 ,under ,secretary of ,commerce for ,standards and ,technology1 ,administrator of ,general ,services1 and ,director of ,,omb1 shall-- 7#a7 establish and operate a single database of any covered property that is owned1 leased1 or otherwise managed by an ,executive agency2 7#b7 make the database available to-- 7,a7 any entity that-- 7i7 constructs or operates communications facility installations2 or 7ii7 provides communications service2 and 7,b7 any other entity that the ,director of the ,office of ,science and ,technology ,policy determines is appropriate2 and 7#c7 establish a process for withholding data from the database for national security1 public safety1 or other national strategic concerns in accordance with existing statutory authority and ,executive order mandates with respect to handling and protection of such information4 7c7 ,public comment 7#a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,director of the ,office of ,science and ,technology ,policy shall seek public comment to inform the establishment and operation of the database4 7#b7 ,contents ,in seeking public comment under paragraph 7#a71 the ,director shall include a request for recommendations on-- 7,a7 criteria that make real property capable of supporting communications facility installations2 7,b7 types of information related to covered property that should be included in the database2 7,c7 an interface by which accessibility to the database for all users will be appropriately efficient and secure2 and 7,d7 other information the ,director determines necessary to establish and operate the database4 7d7 ,federal agencies 7#a7 ,initial provision of information ,not later than #ij days after the date on which the database is established under subsection 7b71 the head of an ,executive agency shall provide to the ,director of the ,office of ,science and ,technology ,policy1 in a manner and format to be determined by the ,director1 such information as the ,director determines appropriate with respect to covered property owned1 leased1 or otherwise managed by the ,executive agency4 7#b7 ,change to information previously provided ,in the case of any change to information provided to the ,director of the ,office of ,science and ,technology ,policy by the head of an ,executive agency under paragraph 7#a71 the head of the ,executive agency shall provide updated information to the ,director not later than #cj days after the date of the change4 7#c7 ,subsequently acquired property ,if an ,executive agency acquires covered property after the date on which the database is established under subsection 7b71 the head of the ,executive agency shall provide to the ,director of the ,office of ,science and ,technology ,policy the information required under paragraph 7#a7 with respect to the covered property not later than #cj days after the date of the acquisition4 7e7 ,state and local governments 7#a7 ,in general ,the ,director of the ,office of ,science and ,technology ,policy 7referred to in this subsection as the ,director7 shall make the database available to ,state and local governments so that such governments may provide to the ,director for inclusion in the database similar information to the information required under subsection 7d77#a7 regarding covered property owned1 leased1 or otherwise managed by such governments4 7#b7 ,report on incentivizing participation by ,state and local governments 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,director1 in consultation with the ,chairman of the ,commission1 the ,assistant ,secretary of ,commerce for ,communications and ,information1 the ,under ,secretary of ,commerce for ,standards and ,technology1 the ,administrator of ,general ,services1 and the ,director of ,,omb1 shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on potential ways to incentivize ,state and local governments to provide to the ,director for inclusion in the database similar information to the information required under subsection 7d77#a7 regarding covered property owned1 leased1 or otherwise managed by such governments pursuant to paragraph 7#a7 of this subsection or through other means4 7,b7 ,considerations ,the ,director1 in preparing the report under subparagraph 7,a71 shall-- 7i7 consult with ,state and local governments1 or their representatives1 to identify for inclusion in the report the most cost-effective options for ,state and local governments to collect and provide the information described in subparagraph 7,a71 including utilizing and leveraging ,state broadband initiatives and programs2 and 7ii7 make recommendations on ways the ,federal ,government can assist ,state and local governments in collecting and providing the information described in subparagraph 7,a74 7,c7 ,report update ,not later than #b years after the date on which the database is established under this section1 the ,director shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives an update to the report required under subparagraph 7,a7 that identifies ,state and local governments that have contributed to the database and recommends ways to further incentivize participation by ,state and local governments pursuant to paragraph 7#a7 of this subsection or through other means4 7f7 ,database updates 7#a7 ,timely inclusion ,after the establishment of the database1 the ,director of the ,office of ,science and ,technology ,policy shall ensure that information provided under subsection 7d7 or 7e7 is included in the database not later than #g days after the date on which the ,director receives the information4 7#b7 ,date of addition or update ,information in the database relating to covered property shall include the date on which the information was added or most recently updated4 7g7 ,report ,not later than #ahj days after the date the ,director of the ,office of ,science and ,technology ,policy seeks public comment under subsection 7c77#a71 the ,director shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the progress in establishing the database under this section4 ,the ,director shall update the report annually until the date that the database is fully operational4 ,after the database is fully operational and for the next #e years thereafter1 the ,director shall provide annual reports regarding the use of the database1 recommendations of how the database may provide additional utility to the entities described in subsection 7b77#b71 if any recommendations are warranted1 and how previous recommendations have been implemented4 #i4 ,reallocation incentives 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,commission1 the ,director of ,,omb1 and the head of each affected ,federal agency 7or a designee 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 ,secretary shall-- 7,a7 consider whether permitting eligible ,federal entities that are implementing a transition plan submitted under section #aac7;h7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;h77 to accept payments could result in access to the eligible frequencies that are being reallocated for exclusive non-,federal use or shared use sooner than would otherwise occur without such payments2 and 7,b7 include the findings under subparagraph 7,a71 including the analysis under paragraph 7#b7 and any recommendations for legislation1 in the report4 7#b7 ,analysis ,in considering payments under paragraph 7#a77;,a71 the ,secretary shall conduct an analysis of whether and how such payments would affect-- 7,a7 bidding in auctions conducted under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77 of such eligible frequencies2 and 7,b7 receipts collected from the auctions described in subparagraph 7,a74 7#c7 ,definitions ,in this subsection3 7,a7 ,payment ,the term payment means a payment in cash or in-kind by any auction winner1 or any person affiliated with an auction winner1 of eligible frequencies during the period after eligible frequencies have been reallocated by competitive bidding under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77 but prior to the completion of relocation or sharing transition of such eligible frequencies per transition plans approved by the ,technical ,panel4 7,b7 ,eligible frequencies ,the term eligible frequencies has the meaning given the term in section #aac7;g77#b7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;g77#b774 #aj4 ,bidirectional sharing study 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 including an opportunity for public comment1 the ,commission1 in collaboration with the ,,ntia1 shall-- 7#a7 conduct a bidirectional sharing study to determine the best means of providing ,federal entities flexible access to non-,federal spectrum on a shared basis across a range of short-1 mid-1 and long-range timeframes1 including for intermittent purposes like emergency use2 and 7#b7 submit to ,congress a report on the study under paragraph 7#a71 including any recommendations for legislation or proposed regulations4 7b7 ,considerations ,in conducting the study under subsection 7a71 the ,commission shall-- 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 #aa4 ,unlicensed services in guard bands 7a7 ,in general ,after public notice and comment1 and in consultation with the ,secretary 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 service operating in the guard band or in an adjacent band4 7c7 ,rule of construction ,nothing in this section shall be construed as limiting the ,commission or the ,secretary from otherwise making spectrum available for licensed or unlicensed use in any frequency band in addition to guard bands1 including under section #c1 consistent with their statutory jurisdictions4 #ab4 ,pre-auction funding ,section #aah7;d77#c77;,b77i77,,ii7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh7;d77#c77;,b77i77,,ii77 is amended by striking #e years and inserting #h years4 #ac4 ,immediate transfer of funds ,section #aah7;e77#a7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh7;e77#a77 is amended by adding at the end the following3 7,d7 ,at the request of an eligible ,federal entity1 the ,director of the ,office of ,management and ,budget 7in this subsection referred to as ,,omb7 may transfer the amount under subparagraph 7,a7 immediately-- 7i7 after the frequencies are reallocated by competitive bidding under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j772 or 7ii7 in the case of an incumbent ,federal entity that is incurring relocation or sharing costs to accommodate sharing spectrum frequencies with another ,federal entity1 after the frequencies from which the other eligible ,federal entity is relocating are reallocated by competitive bidding under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j771 without regard to the availability of such sums in the ,fund4 7,e7 ,prior to the deposit of proceeds into the ,fund from an auction1 the ,director of ,,omb may borrow from the ,treasury the amount under subparagraph 7,a7 for a transfer under subparagraph 7,d74 ,the ,treasury shall immediately be reimbursed1 without interest1 from funds deposited into the ,fund4 4 #ad4 ,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 #ae4 ,,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 #af4 ,rulemaking related to partitioning or disaggregating licenses 7a7 ,definitions ,in this section-- 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 #ag4 ,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 sufficient to meet 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 make available on an unlicensed basis radio frequency bands sufficient to meet demand for unlicensed wireless broadband operations if doing so is1 after taking into account the future needs of other spectrum users-- 7#a7 reasonable2 and 7#b7 in the public interest4 7c7 ,commission action ,not later than #ah months after the date of enactment of this ,act1 the ,commission shall take action to implement subsection 7b74 #ah4 ,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 operations ,the term unlicensed 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 #a year 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 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 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 operations in additional radio frequency ranges that the ,commission finds-- 7,a7 are consistent with the statement of policy under section #ah7;a72 7,b7 will-- 7i7 expand opportunities for unlicensed operations in a spectrum band2 or 7ii7 otherwise improve spectrum utilization and intensity of use of bands where unlicensed 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 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 part of the plan developed under this section1 the ,,ntia 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 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 #a year 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 #ai4 ,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 #bj4 ,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 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 #ba4 ,rules of construction 7a7 ,ranges of frequencies ,each range of frequencies described in this ,act shall be construed to be inclusive of the upper and lower frequencies in the range4 7b7 ,assessment of electromagnetic spectrum reallocation ,nothing in this ,act shall be construed to affect any requirement under section #aef of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #iba note71 as added by section #ajfb7;a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjj4 #bb4 ,relationship to ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab ,nothing in this ,act shall be construed to limit1 restrict1 or circumvent in any way the implementation of the nationwide public safety broadband network defined in section #fjja of title ,,vi of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adja7 or any rules implementing that network under title ,,vi of that ,act 7#dg ,u4,s4,c4 #adja et seq474 ,passed the ,senate ,august #c1 #bjag4,secretary