[Senate Report 114-427]
[From the U.S. Government Publishing Office]
Calendar No. 446
114th Congress } { Report
SENATE
2d Session } { 114-427
_______________________________________________________________________
MAKING OPPORTUNITIES FOR BROADBAND INVESTMENT AND LIMITING EXCESSIVE
AND NEEDLESS OBSTACLES TO WIRELESS ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2555
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 20, 2016.--Ordered to be printed
Filed, under authority of the order of the Senate of December 10
(legislative day, December 9), 2016
_________
U.S. GOVERNMENT PUBLISHING OFFICE
69-010 WASHINGTON : 2016
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fourteenth congress
second session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
MARCO RUBIO, Florida CLAIRE McCASKILL, Missouri
KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas ED MARKEY, Massachusetts
DAN SULLIVAN, Alaska CORY BOOKER, New Jersey
RON JOHNSON, Wisconsin TOM UDALL, New Mexico
DEAN HELLER, Nevada JOE MANCHIN, West Virginia
CORY GARDNER, Colorado GARY PETERS, Michigan
STEVE DAINES, Montana
Nick Rossi, Staff Director
Adrian Arnakis, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Clint Odom, Democratic General Counsel
Calendar No. 446
114th Congress } { Report
SENATE
2d Session } { 114-427
======================================================================
MAKING OPPORTUNITIES FOR BROADBAND INVESTMENT AND LIMITING EXCESSIVE
AND NEEDLESS OBSTACLES TO WIRELESS ACT
_______
December 20, 2016.--Ordered to be printed
Filed, under authority of the order of the Senate of December 10
(legislative day, December 9), 2016
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 2555]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2555) to provide opportunities
for broadband investment, and for other purposes, having
considered the same, reports favorably thereon with an
amendment (in the nature of a substitute) and recommends that
the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 2555, the Making Opportunities for
Broadband Investment and Limiting Excessive and Needless
Obstacles to Wireless Act (MOBILE NOW Act), is to help secure
continued U.S. mobile and fixed broadband leadership by
ensuring additional licensed and unlicensed spectrum is made
available for wireless broadband use, by reducing barriers to
investment and innovation, and by facilitating deployment of
broadband services and infrastructure, especially in rural
areas.
Background and Needs
``High-speed broadband enables Americans to use the
Internet in new ways, expands access to health services and
education, increases the productivity of businesses, and drives
innovation throughout the digital ecosystem.''\1\ Wireless
services and connectivity have transformed American daily
life--changing everything from the way we work to the way we
relax--and have become an essential part of the Nation's
infrastructure. As of January 2016, 198.5 million people in the
United States owned smartphones,\2\ and smartphones currently
comprise at least 77 percent of the traffic on wireless
networks.\3\ Americans access the Internet on mobile devices
more often than on computers,\4\ and the number of American
adults who rely solely on their smartphones for Internet access
at home is increasing--as of 2015, 13 percent of adults were
``smartphone-only,'' with no home broadband subscription.\5\
As President Obama noted almost 6 years ago, ``America's
future competitiveness and global technology leadership depend,
in part, upon the availability of additional spectrum. The
world is going wireless, and we must not fall behind.''\6\ In
particular Fifth Generation or 5G wireless ``will be a
revolutionary leap forward in wireless capability that will
reshape the world around us and fundamentally change how we
interact with that world.''\7\ The benefits of leading the
world in the development of a 5G future can only be secured if
the country acts now to identify the spectrum and facilitate
the deployment of the infrastructure on which 5G will depend;
the higher frequencies on which 5G will in part be deployed
will require increased spectral efficiency and much greater
density of cell deployment than current cell technology.\8\
In addition to facilitating the way that most Americans
communicate, wireless spectrum is a major economic driver.
Spectrum licensed to U.S. wireless carriers generates more than
$400 billion annually in economic activity, and wireless
technologies also enable other sectors of the economy--for
instance, mobile entertainment generated an estimated $9
billion in revenues in 2014, and it has been estimated that the
U.S. telehealth market will grow from $240 million in 2013 to
$1.9 billion by 2018.\9\
Despite extraordinary innovation and investment in wired
and wireless broadband--an estimated $1.4 trillion since
1996\10\--the Federal Communications Commission (FCC or
Commission) has found that advanced telecommunications
capability is not being deployed to all Americans in a
reasonable and timely fashion and that there is ``a significant
disparity of access to advanced telecommunications capability
across America with more than 39 percent of Americans living in
rural areas lacking access to advanced telecommunications
capability, as compared to 4 percent of Americans living in
urban areas, and approximately 41 percent of Americans living
on tribal lands lacking access to advanced telecommunications
capability.''\11\
President Obama has established a goal of making a total of
500 megahertz (MHz) of additional spectrum available by 2020
for both mobile and fixed wireless broadband use,\12\ and
Congress has already taken several steps consistent with that
goal. In the Middle Class Tax Relief and Job Creation Act of
2012, Congress (i) directed the Commission and the National
Telecommunications and Information Administration (NTIA) to
identify, reallocate, auction, and license certain spectrum for
commercial Advanced Wireless Services use;\13\ and (ii)
directed the Commission to conduct an incentive auction of
broadcast television spectrum in which broadcast television
licensees could voluntarily relinquish their spectrum usage
rights in order to permit the assignment by auction of new
flexible-use licenses.\14\ Further, in the Bipartisan Budget
Act of 2015, Congress directed the NTIA and the Commission to
identify, reallocate from Federal use to non-Federal or shared
Federal and non-Federal use, and auction 30 MHz of
spectrum.\15\
However, more spectrum is needed to meet President Obama's
goal and the expanding requirements of our wireless ecosystem.
Increasing use of data-intensive applications such as video and
Internet access has created additional demand for carrier
networks, and this demand for spectrum is already outpacing
availability. Cisco reports that U.S. mobile data traffic will
grow two times faster than U.S. fixed IP traffic over the next
4 years, traffic from wireless and mobile devices will exceed
traffic from wired devices by 2019, and the number of connected
devices in personal, household, or commercial settings is
expected to grow considerably over the next 5 years. Even
taking into account the spectrum the Commission is newly making
available, the United States is facing a significant projected
spectrum deficit to meet this dramatic rise in network demand.
To meet America's demand for mobile broadband, it is estimated
that the wireless industry will need more than 350 MHz of new
licensed spectrum alone by 2019.\16\ The MOBILE NOW Act would
build upon Congress' past efforts by ensuring that additional
capacity is available to meet Americans' needs and to allow the
wireless sector to continue to be a critical economic stimulant
for the economy.
Moreover, a thriving wireless broadband environment
requires both licensed and unlicensed spectrum. Deploying a
wireless network is a lengthy, resource intensive process, and
licensed spectrum helps guarantee reliable service and
encourages greater investment and technical innovation by
providing carriers with needed certainty. Similarly, unlicensed
spectrum guarantees industries and entrepreneurs the spectrum
they need for the advancement of unlicensed services and
technologies. Both are necessary to support the growing
wireless ecosystem, and the MOBILE NOW Act would require that
the Commission satisfy requirements for both. Specifically the
MOBILE NOW Act would require the Commission to designate at
least 100 MHz of the newly available spectrum for licensed use
and at least 100 MHz for unlicensed use.
It can take years to identify spectrum that can be made
available for commercial use, allocate the spectrum, create
service rules, develop auction rules for spectrum to be
auctioned, conduct an auction, and relocate incumbent
operations, all before beginning to deploy the networks
providing service to American consumers. The NTIA estimated
that it would take 10 years and cost $18 billion to clear and
repurpose 95 MHz of spectrum in the 1755 to 1850 MHz band.\17\
Much of this process must be undertaken before industry can
have the reasonable certainty that is necessary to undertake
massive investment in new technology.
In order to facilitate deployment of both fixed and mobile
networks, the MOBILE NOW Act addresses a number of barriers to
deployment. At the Committee's October 7, 2015, hearing on
``Removing Barriers to Wireless Broadband Deployment,''
witnesses identified a number of steps Congress could take to
enable faster and more efficient deployment of advanced
telecommunications services. Noting ``[t]he myriad of processes
and procedures among different Federal agencies often poses
insurmountable obstacles to siting wireless infrastructure on
Federal property,''\18\ witnesses recommended requiring
agencies to use master templates,\19\ streamlining disparate
agency processes,\20\ establishing a shot-clock for Federal
agency consideration of leases,\21\ establishing ``dig-once''
procedures to reduce the cost and disruption of
deployments,\22\ and establishing a database of key information
regarding Federal properties, with appropriate protections for
national security.\23\ The MOBILE NOW Act would address each of
these matters.
The MOBILE NOW Act is an essential step in making spectrum
available and promoting deployment necessary to secure American
5G leadership for the next generation of communications
technology.
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\1\Barack Obama, ``Presidential Memorandum - Expanding Broadband
Deployment and Adoption by Addressing Regulatory Barriers and
Encouraging Investment and Training,'' March 23, 2015, https://
www.whitehouse.gov/the-press-office/2015/03/23/presidential-memorandum-
expanding-broadband-deployment-and-adoption-addr (Presidential
Memorandum).
\2\``comScore Reports January 2016 U.S. Smartphone Subscriber
Market Share,''comScore, Mar. 4, 2016, http://www.comscore.com/
Insights/Rankings/comScore-Reports-January-2016-US-Smartphone-
Subscriber-Market-Share.
\3\``INFOGRAPHIC: Smartphones Comprise 77 Percent of Traffic on
Wireless Networks,'' Cellular Telecommunications Industry Association
(CTIA), Jun. 26, 2015, at http://www.ctia.org/resource-library/facts-
and-infographics/archive/infographic-smartphones-comprise-77-percent-
of-traffic-on-wireless-networks; see also VNI Mobile Forecast
Highlights, 2015-2020, Cisco, http://www.cisco.com/assets/sol/sp/vni/
forecast_highlights_mobile/index.html (last accessed Mar. 21, 2016)
(predicting that smartphone traffic will continue to increase).
\4\``KPCB Internet Trends 2015,'' Kleiner Perkins Caufield Bayers,
May 27, 2015, at http://www.kpcb.com/file/kpcb-internet-trends-2015.
\5\John Horrigan and Maeve Duggan, Home Broadband 2015, Pew
Research Center, Dec. 21, 2015, at http://www.pewinternet.org/2015/12/
21/1-home-broadband-adoption-modest-decline-from-2013-to-2015/.
\6\Unleashing the Wireless Broadband Revolution, Executive
Memorandum, June 28, 2010, 75 FR 38387.
\7\Remarks of Chairman John Thune, February 9, 2016, at http://
www.commerce.senate.gov/public/index.cfm/speeches?ID=016478D3-0C39-
4D7C-B65E-CE422C335E4.
\8\See, e.g., Use of Spectrum Bands Above 24 GHz for Mobile Radio
Services, Report and Order and Further Notice of Proposed Rulemaking,
31 FCC Rcd 8014, 8053, FCC 16-89, para. 96.
\9\Coleman Bazelon and Giulia McHenry, Mobile Broadband Spectrum: A
Vital Resource for the U.S. Economy, The Brattle Group, 2, May 11,
2015, at http://www.ctia.org/docs/default-source/default-document-
library/brattle_spectrum_051115.pdf.
\10\https://www.ustelecom.org/broadband-industry/broadband-
industry-stats/investment.
\11\FCC 16-6, para 4.
\12\Unleashing the Wireless Broadband Revolution, Presidential
Memorandum, June 28, 2010, at https://www.whitehouse.gov/the-press-
office/presidential-memorandum-unleashing-wireless-broadband-
revolution.
\13\Middle Class Tax Relief and Job Creation Act of 2012, Pub. L.
No. 112-96, 126 Stat. 156, Sec. 6401 (2012) (codified at 47 U.S.C.
Sec. 1451).
\14\Middle Class Tax Relief and Job Creation Act of 2012, Pub. L.
No. 112-96, 126 Stat. 156, Sec. 6403 (2012) (codified at 47 U.S.C.
Sec. 1452).
\15\Bipartisan Budget Act of 2015, Pub. L. No. 114-974, 129 Stat.
585, Sec. Sec. 1001-1008 (codified as in scattered sections of 47
U.S.C.).
\16\Coleman Bazelon and Giulia McHenry, Substantial Licensed
Spectrum Deficit (2015-2019): Updating the FCC's Mobile Data Demand
Projections, The Brattle Group, 1, May 11, 2015, http://
www.brattle.com/system/news/pdfs/000/000/891/original/
Substantial_Licensed_Spectrum_Deficit_(2015-2019)_-
_Updating_the_FCC's_Mobile_Data_Demand_Projections.pdf?1435613076.
\17\U.S. Department of Commerce, An Assessment of the Viability of
Accommodating Wireless Broadband in the 1755 - 1850 MHz Band, March,
2012, at https://www.ntia.doc.gov/files/ntia/publications/
ntia_1755_1850_mhz_report_march2012.pdf.
\18\Testimony of Hon. Jonathan S. Adelstein, President & CEO,
Personal Communications Industry Association (PCIA)- The Wireless
Infrastructure Association (WIA), Senate Committee on Commerce,
Science, and Transportation, Removing Barriers to Wireless Broadband
Deployment, October 7, 2015, available at https://
www.commerce.senate.gov/public/_cache/files/776a69e3-5891-476f-85fb-
945ba3ed518a/56E37595DFA44623573E920E7E04A421.adelstein-qfr-
responses.pdf.
\19\Testimony of Mr. Douglas Kinkopf, Associate Administrator,
Office of Telecommunications and Information Applications National
Telecommunications and Information Administration, Senate Committee on
Commerce, Science, and Transportation, Removing Barriers to Wireless
Broadband Deployment, October 7, 2015, video available at http://
www.commerce.senate.gov/public/index.cfm/hearings?ID=D7B621C5-BEB5-
418D-B814-AEBFF10FFC21.
\20\Testimony of Mr. Bruce Morrison, Vice President, Operations and
Network Build, Region North America, Ericsson, Senate Committee on
Commerce, Science, and Transportation, Removing Barriers to Wireless
Broadband Deployment, October 7, 2015, at http://
www.commerce.senate.gov/public/index.cfm/hearings?ID=D7B621C5-BEB5-
418D-B814-AEBFF10FFC21.
\21\Id. See also Testimony of Hon. Gary Resnick, Mayor of Wilton
Manors, Florida, Senate Committee on Commerce, Science, and
Transportation, Removing Barriers to Wireless Broadband Deployment,
October 7, 2015, video available at http://www.commerce.senate.gov/
public/index.cfm/hearings?ID=D7B621C5-BEB5-418D-B814-AEBFF10FFC.
\22\Testimony of Hon. Jonathan S. Adelstein, President & CEO, PCIA
- The Wireless Infrastructure Association, Senate Committee on
Commerce, Science, and Transportation, Removing Barriers to Wireless
Broadband Deployment, October 7, 2015, at http://
www.commerce.senate.gov/public/index.cfm/hearings?ID=D7B621C5-BEB5-
418D-B814-AEBFF10FFC21.
\23\Testimony of Mr. Douglas Kinkopf, Associate Administrator,
Office of Telecommunications and Information Applications National
Telecommunications and Information Administration, Senate Committee on
Commerce, Science, and Transportation, Removing Barriers to Wireless
Broadband Deployment, October 7, 2015, at http://
www.commerce.senate.gov/public/index.cfm/hearings?ID=D7B621C5-BEB5-
418D-B814-AEBFF10FFC21.
\1\The FCC awards most licenses to use the electromagnetic spectrum
through competitive auctions. Those licenses give entities an exclusive
right to use specific frequencies, subject to certain conditions.
Spectrum made available on an unlicensed basis usually is available to
any user, subject to restrictions aimed at preventing interference with
other users.
\24\The FCC and the National Telecommunications and Information
Administration: Coordination Procedures in the 1675-1710 MHz Bands,
Public Notice, GN Docket No. 13-185, 10-11 (rel. Jul. 18, 2014).
\25\See Amendment of the Commission's Rules with Regard to
Commercial Operations in the 1695-1710 MHz, 1755-1780 MHz, and 2155-
2180 MHz Bands, Report and Order, 29 FCC Rcd. 4610, para. 1 (2014)
(providing for the auction of spectrum in the 1695-1710 MHz, 1755-1780
MHz, and 2155-2180 MHz bands - the Advanced Wireless Service, or ``AWS-
3,'' bands); Amendment of the Commission's Rules with Regard to
Commercial Operations in the 3550-3650 MHz Band, Report and Order, 30
FCC Rcd. 3959, para.para. 63-64, 72 (2015) (establishing the Citizens
Broadband Radio Service in the frequencies between 3550 and 3700 MHz;
providing that a maximum of 70 MHz of this spectrum will be available
on a licensed basis with the licenses assigned via auction, and the
remainder will be available on a license-by-rule basis; and providing
that where the licensed portion of this spectrum is not being used by
licensees, other parties may operate opportunistically on the spectrum
on a license-by-rule basis).
\26\Formerly known as the National Science Historic Preservation
Act. See enactment of title 54 by Public Law 113-287.
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Summary of Provisions
To facilitate deployment of advanced telecommunications
capability, MOBILE NOW would make more spectrum available for
fixed and mobile broadband and would facilitate deployment of
the infrastructure essential for the future of advanced
telecommunications capability.
MOBILE NOW would do the following, among other things:
Require that 255 MHz of spectrum be made
available for fixed and mobile wireless broadband use
by 2020. At least 100 MHz would be available on an
unlicensed basis, and at least 100 MHz on an exclusive,
licensed basis.
Direct the NTIA to study the impact of
allowing fixed or mobile operations in certain
identified spectrum bands with existing Federal users,
and subsequently direct the FCC to publish a notice of
proposed rulemaking regarding service rules for mobile
or fixed wireless operation in those and additional
specified bands.
Require the Secretary of Commerce (the
Secretary) to evaluate and report to Congress on the
feasibility of allowing commercial wireless services in
the spectrum band between 3100 and 3500 MHz, and
require the Commission to do the same regarding the
spectrum band between 3700 to 4200 MHz.
Streamline the process of applying for
easements, rights-of-way, and leases for federally-
managed property.
Establish a National Broadband Facilities
Asset Database of Federal property, and make the
database available to entities that construct or
operate communications facilities.
Direct the Secretary to prepare a report of
legislative and regulatory proposals, including use of
the auction proceeds, to provide incentives to Federal
entities to relinquish or share spectrum with Federal
and non-Federal users.
Require the FCC to study the best means of
providing Federal entities shared access to non-Federal
spectrum, for example during emergencies.
Require the FCC to adopt rules regarding
unlicensed operations in guard bands designated by the
Commission.
Require the FCC to conduct a rulemaking
regarding the partitioning and disaggregation of
spectrum licenses, and other measures, to promote
availability of advanced telecommunications services in
rural areas.
Require the FCC to develop a national plan
for making additional radio frequency bands available
for unlicensed operations.
Legislative History
On July 29, 2015, the Committee held a hearing on
``Wireless Broadband and the Future of Spectrum Policy.'' The
Committee received testimony concerning steps Congress could
take to promote the availability of additional spectrum as the
wireless industry begins its planning for 5G wireless networks.
It also heard from various witnesses on other improvements
Congress and the FCC could make to national spectrum policy.
On October 7, 2015, the Committee held a hearing on
``Removing Barriers to Wireless Broadband Deployment.'' The
Committee received testimony regarding the importance of fixed
and mobile wireless service to the U.S. economy, the need for
additional spectrum to meet consumer demand, the need to
streamline the process for deploying and densifying wireless
networks, the technology gap facing rural America, and the role
of local governments in deployment of wireless infrastructure.
On February 11, 2016, Senators Thune and Nelson introduced
S. 2555, the MOBILE NOW Act.
On March 3, 2016, the Committee held an Executive Session,
during which S. 2555 was considered. The bill was approved
unanimously, by voice vote, and was ordered to be favorably
reported, as amended, with an amendment (in the nature of a
substitute).
Twelve first degree amendments to S. 2555 were agreed to by
voice vote. The manager's amendment sponsored by Senator Thune
made numerous changes throughout the bill. The amendment
sponsored by Senator Booker would require the Government
Accountability Office (GAO) to assess unlicensed spectrum and
Wi-Fi usage in low-income neighborhoods.
The amendment sponsored by Senator Daines would require the
Secretary and the FCC to consider the importance of the
deployment of wireless broadband services in rural areas of the
United States when making spectrum available pursuant to
section 3 of the MOBILE NOW Act.
The amendment sponsored by Senators Gardner, Booker,
Blumenthal, and Rubio would require that the 500 MHz of
spectrum made available pursuant to section 3 of the Act
contain not less than 100 MHz of unlicensed spectrum and 100
MHz of spectrum licensed on an exclusive basis for commercial
mobile use.
The amendment sponsored by Senator Heller would require
various Federal agencies to develop and report to Congress
recommendations to streamline the process for considering
applications requesting collocation, removal, or replacement of
transmission equipment on an existing wireless tower or base
stations.
The amendment sponsored by Senators Heller and Manchin
would require an executive agency that receives a duly filed
application for certain easements, rights-of-way, or leases to
grant or deny the application within 270 days.
The amendment sponsored by Senators Klobuchar, Daines,
Gardner, and Booker would expand the use of rights-of-way on
Federal-aid highways to accommodate broadband infrastructure
and to improve broadband connectivity to rural communities and
broadband services in urban areas.
The amendment sponsored by Senators Klobuchar, Fischer,
Daines, Udall, Manchin, Sullivan, and Ayotte would direct the
FCC to begin a rulemaking related to partitioning or
disaggregation of certain spectrum licenses when the FCC finds
that doing so would likely result in increased availability of
advanced telecommunications services in a rural area.
The amendment sponsored by Senators Moran, Manchin, and
Fischer would ensure that methods of collecting taxes and fees
by private citizens on behalf of State and local governments
are fair and effective and do not discriminate against
interstate commerce for wireless telecommunications services.
The amendment sponsored by Senator Peters would require the
National Broadband Facilities Asset Database to be made
available to State and local governments for inclusion in the
database of information similar to that provided for certain
properties managed by executive agencies, and would require a
report on incentivizing participation by State and local
governments to provide information for the National Broadband
Facilities Asset Database.
The amendment sponsored by Senator Schatz would state the
policy of the United States with regard to unlicensed spectrum
and would require the development of a national plan for making
additional radio frequency bands available for unlicensed
operations.
The amendment sponsored by Senator Udall would allow the
Secretary establish prize competitions for the development and
commercialization of technology that improves spectrum
efficiency and is capable of cost-effective deployment.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 2555--Making Opportunities for Broadband Investment and Limiting
Excessive and Needless Obstacles to Wireless Act
Summary: S. 2555 would authorize federal agencies to
implement various programs and measures related to management
of the electromagnetic spectrum. It would direct federal
agencies to prepare reports, develop information for firms that
provide telecommunications services, award prizes for advanced
technologies, and ensure that certain radio frequencies are
made available for commercial uses. The bill also would
establish terms and conditions under which state and local
governments may assess taxes or fees on certain
telecommunication services.
CBO estimates that implementing the bill would cost $85
million over the 2017-2021 period, subject to appropriation of
the necessary amounts, mainly to develop new data systems and
carry out spectrum management activities. CBO also estimates
that enacting S. 2555 would increase net direct spending by
$135 million over the 2017-2026 period, primarily as a result
of provisions that would accelerate spending related to making
federal spectrum available for commercial use. Because enacting
the bill would affect direct spending, pay-as-you-go procedures
apply. Enacting S. 2555 would not affect revenues.
CBO estimates that enacting the legislation would not
increase net direct spending or on-budget deficits by more than
$5 billion in any of the four consecutive 10-year periods
beginning in 2027.
S. 2555 would impose intergovernmental mandates as defined
in the Unfunded Mandate Reform Act (UMRA) by preempting state
and local tax laws related to wireless telecommunication
services and by preempting the jurisdiction of state and local
courts in some cases. CBO estimates that the costs of the
mandates, mostly in the form of foregone revenue to state and
local governments, would not exceed the threshold established
in UMRA ($77 million in 2016, adjusted annually for inflation).
If the Federal Communications Commission (FCC) increases
annual fee collections to offset the costs of implementing the
bill, doing so would increase the cost of an existing private-
sector mandate on some commercial entities regulated by the
agency. Based on information from the FCC, CB0 estimates that
the incremental cost of the mandate would be small, and fall
well below the annual threshold established in UMRA for
private-sector mandates ($154 million in 2016, adjusted
annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 2555 is shown in the following table.
The costs of this legislation fall within several budget
functions, including 370 (commerce and housing credit) and 800
(general government).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
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2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2017-2021 2017-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
INCREASE IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level............................... 5 27 25 25 24 3 3 3 4 4 106 123
Estimated Outlays........................................... 4 11 20 25 25 18 9 3 4 4 85 123
INCREASE OR DECREASE (-) IN DIRECT SPENDING
Estimated Budget Authority.................................. 9 11 10 9 9 6 1 -3 52 31 48 135
Estimated Outlays........................................... 9 11 10 9 9 6 1 -3 52 31 48 135
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Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted near the start of fiscal year 2017 and
that the estimated amounts will be appropriated each year.
Outlay estimates are based on historical spending patterns for
affected programs.
Spending subject to appropriation
CBO estimates that implementing S. 2555 would cost $85
million over the 2017-2021 period, assuming appropriation of
the necessary amounts. That estimate is net of fees that would
be collected by the FCC to offset the agency's administrative
costs under the bill.
Database of Federal Property for Telecommunications Uses.
Under S. 2555, the Office of Science and Technology Policy
(OSTP) would be required to establish a single database of
information about federal real property that could be used as
sites for telecommunications equipment owned and operated by
nonfederal entities. Subject to certain restrictions, the
database would be available to firms that construct or operate
such facilities as well as to firms that provide communication
services. The bill also would direct OSTP to include any data
provided voluntarily by state or local governments related to
the availability of real property under their purview that
could be used as sites for such equipment.
The federal government currently maintains extensive
information on its real property holdings--which include nearly
39 million acres of land and more than 275,000 buildings--but
those databases do not indicate whether those properties would
be appropriate sites for telecommunications equipment. CBO
anticipates that more than 20 federal agencies would need to
review the suitability of their property holdings for this
purpose, which may involve assessing environmental and historic
features as well as considering national security and public
safety.
The cost to prepare such an inventory would vary
significantly depending on the level of detail included. Based
on information from agencies and the cost of creating other
federal databases, CBO estimates that preparing this data would
cost large federal agencies, on average, about $4 million. In
addition, CBO estimates that creating and maintaining the
database would cost about $3 million annually. Thus, CBO
estimates that the cost of implementing this effort would total
$71 million over the 2017-2021 period, assuming appropriation
of the necessary amounts. Those costs could be higher if OSTP
would need to integrate information from state and local
governments, alternatively, costs could be lower if agencies do
less analysis of the suitability of specific properties for
private communications equipment.
Spectrum Management. S. 2555 would direct the National
Telecommunications and Information Administration (NTIA) and
the FCC to conduct various studies and regulatory proceedings
related to radio frequencies that may become available in the
future for new uses. For example, the bill would require NTIA
to study whether certain spectrum bands currently used by
federal agencies could be used by nonfederal entities;
following that report, the FCC would be required to undergo a
rulemaking process on the possibility of reallocating those and
other frequencies for new commercial uses. In addition, both
agencies would be required to assist OSTP in developing the
database of federal property and to develop plans for making
spectrum available on either a licensed or an unlicensed
basis.\1\
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\1\The FCC awards most licenses to use the electromagnetic spectrum
through competitive auctions. Those licenses give entities an exclusive
right to use specific frequencies, subject to certain conditions.
Spectrum made available on an unlicensed basis usually is available to
any user, subject to restrictions aimed at preventing interference with
other users.
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Based on information from those agencies, CBO estimates
that the spectrum management activities required by the bill
would cost the NTIA $8 million over the 2017-2021 period.
Implementing the bill also would cost the FCC $6 million over
the 2017-2021 period.
Under current law the FCC is authorized to collect fees
sufficient to offset the cost of its regulatory activities each
year; therefore, CBO estimates that the spectrum management
activities would have a negligible effect on net discretionary
costs for the FCC, assuming appropriation actions consistent
with that authority.
Technology Prize. S. 2555 would establish a prize
competition aimed at spurring the commercialization of more
efficient and cost-effective technologies for using the
electromagnetic spectrum. The competition would be administered
by the Secretary of Commerce in collaboration with other
federal agencies. The bill would authorize the appropriation of
$5 million for prize awards and such sums as may be necessary
to administer the program. Based on the historical costs of
administering other federal prize competitions, CBO estimates
that implementing this program would cost a total $6 million,
assuming the appropriation of the necessary amounts.
Direct spending
CBO estimates that enacting S. 2555 would increase direct
spending by $135 million over the 2017-2026 period, primarily
as a result of provisions that would accelerate spending from
the Spectrum Relocation Fund (SRF). Most of those costs would
be offset by lower spending after 2026.
Spectrum Relocation Fund. Current law authorizes federal
agencies to spend a portion of the proceeds from spectrum
auctions, without further appropriation, to cover the costs
they incur to make federal frequencies available for new
commercial uses. Under current law, such spending cannot begin
until after the FCC awards licenses to the winning bidders and
deposits the proceeds into the SRF. S. 2555 would authorize the
Office of Management and Budget to borrow funds from the
Treasury immediately after an auction closes and to deposit
those amounts in the SRF. Making SRF funds available
immediately following the end of a spectrum auction would
accelerate spending from the fund. Because major relocation
efforts typically take several years to complete, CBO estimates
that enacting this provision would shift some outlays that
otherwise would have occurred after 2026 into the 2017-2026
period. On balance, CBO estimates that this shift in the timing
of outlays would increase net direct spending by $100 million
over the 2017-2026 period, primarily reflecting faster spending
for costs associated with an auction that is expected to be
completed in 2025.
S. 2555 also would allow agencies to spend SRF funds sooner
to plan for relocation efforts. Agencies currently may spend a
portion of the funds in the SRF to develop relocation plans for
auctions that are expected to occur within five years; this
bill would authorize that spending to occur for auctions that
may be scheduled within eight years. Based on information from
agencies involved in relocation efforts, CBO estimates that
this change would increase net direct spending by about $15
million over the 2017-2026 period and reduce outlays by
corresponding amounts after 2026.
Fees for telecommunications leases. Under current law fees
that agencies charge to grant easements and rights-of-way for
siting communications facilities on federal property may only
be set to cover the agencies' direct costs related to granting
such easements and rights-of-way. Furthermore, those fees may
not be spent without further appropriation. S. 2555 would apply
those same conditions to leases that are issued for siting
private 'communication facilities on federal property.
The budgetary effects of applying those restrictions to
leases would depend on the disposition of leasing proceeds
under current law. For example, some agencies are allowed to
spend the income from communications leases without further
appropriation. CBO expects that reducing the amount collected
in those instances would have no net effect on direct spending
(because the loss of receipts would be offset by lower
spending) but would increase costs needing to be covered by
appropriations. By contrast, reducing fees that currently
cannot be spent without further appropriation would reduce the
amount of income that otherwise would have been deposited in
the Treasury as offsetting receipts (which are recorded in the
budget as reductions in direct spending).
CBO estimates that enacting this provision would primarily
affect leasing fees deposited in the Federal Buildings Fund
(FBF) by the General Services Administration (GSA), which may
be spent only as provided in appropriation acts. According to
GSA, the agency deposited $2 million and $3 million from
communications leases into the FBF in 2014 and 2015,
respectively. Based on information on the value of fees charged
for cost recovery by other agencies for granting
telecommunications rights-of-ways and easements, CBO estimates
that proceeds from GSA's new and renewed leases would be at
least 90 percent lower than the market-based fees for leases
collected under current law. In addition, CBO anticipates that
such fees would be paid once, at the time of application,
whereas leasing fees are paid annually over the life of the
lease, which may be in effect for up to 20 years. On balance,
CBO estimates that implementing this change would reduce net
offsetting receipts (which increase direct spending) by $20
million over the 2017-2026 period.
Other provisions. CBO estimates that other provisions in
the bill would have no significant net effect on direct
spending. For example, S. 2555 would direct the FCC and NTIA to
make 255 megaherz of spectrum available for new commercial uses
by 2020 on a licensed and unlicensed basis. CBO estimates that
those requirements would have no significant net effect on
projected proceeds from the FCC's auctions because CBO
anticipates that the FCC would auction licenses to use similar
amounts of spectrum under its existing auction authority.
Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 2555, AS ORDERED REPORTED BY THE SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON MARCH 3, 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------------------------------------------------------------
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2016-2021 2016-2026
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact....................... 0 9 11 10 9 9 6 1 -3 52 31 48 135
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increase in long term direct spending and deficits: CBO
estimates that enacting the legislation would not increase net
direct spending or on-budget deficits by more than $5 billion
in any of the four consecutive 10-year periods beginning in
2027.
Estimated impact on state, local, and Tribal governments:
S. 2555 would impose intergovernmental mandates as defined in
UMRA by preempting state and local tax laws related to wireless
telecommunication services. The language of Section 21 is
circular in nature, and consequently, it is difficult to
clearly determine when state or local taxing authority would be
allowed and when it would be preempted. For the purposes of
this estimate, CBO has assumed that the bill would prohibit
state and local governments from collecting taxes on
telecommunication services that are bundled with prepaid phones
(or sold subsequently to reload wireless minutes) unless those
taxes are levied on the retail seller of the prepaid phone or
minutes. For instance, a state could not collect taxes from the
company that provides minutes for a prepaid phone if those
minutes are sold by a separate retailer that does not provide
the minutes directly to the user; instead, they would need to
collect the tax from the retailer.
Most states that levy telecommunications taxes on the sale
of prepaid phones or minutes collect the taxes from retailers.
CBO could identify only two states with laws that would allow
taxes to be collected for prepaid wireless minutes from
telecommunication providers that did not sell the phones
directly. The revenues those states collect from such
transactions total about $5 million annually. While such taxes
would clearly be prohibited by Section 21, the language in the
bill is written generally and is not explicitly limited to the
taxation of telecommunication services associated with prepaid
phones. Even so, CBO could identify no other likely case in
which Section 21 would prohibit the collection of state taxes.
Consequently, CBO estimates that the cost to state and local
governments in the form of forgone revenues would fall well
below the threshold established in UMRA ($77 million in 2016,
adjusted annually for inflation). The bill also would preempt
the authority of state and local courts to assert jurisdiction
in cases that involve such taxation. That preemption also would
be a mandate as defined in UMRA, but it would impose no
significant costs in and of itself.
Finally, the bill would require states that receive federal
highway aid to meet new requirements to facilitate the
installation of broadband infrastructure. Such requirements
would be conditions of assistance and thus not
intergovernmental mandates as defined in UMRA.
Estimated impact on the private sector: If the FCC
increases annual fee collections to offset the costs of
implementing the bill, doing so would increase the cost of an
existing private-sector mandate on some commercial entities
regulated by the agency. The FCC is authorized to collect fees
sufficient to offset its regulatory costs each year, subject to
its annual appropriation. Based on information from the FCC,
CBO estimates that the incremental cost of the mandate would be
small--no more than about $6 million over the 2017-2021
period--and fall well below the annual threshold established in
UMRA for private-sector mandates ($154 million in 2016,
adjusted annually for inflation).
Estimate prepared by: Federal costs: Kathleen Gramp; Impact
on State, Local, and Tribal Governments: Rachel Austin; Impact
on the Private Sector: Logan Smith.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
States and local jurisdictions would be covered by the
bill's provision dealing with the collection of taxes, fees, or
surcharges related to wireless telecommunications services.
Otherwise, the number of persons covered by this legislation
should be consistent with current levels.
economic impact
The legislation would promote more efficient use of
spectrum and the efficient deployment of fixed and mobile
broadband throughout the United States, allowing the Nation to
extend its technology leadership to the next generation of
communications technology and extending to more Americans the
benefits of advanced telecommunications capability. The
legislation would remove barriers to deployment of
communications networks--an industry responsible for an
estimated $1.4 trillion investment in the last 20 years--and
maximize the value of America's spectrum resources for the
American consumer in an industry that generates hundreds of
billions of dollars of economic activity annually.
privacy
The bill would not have any adverse impact on the personal
privacy of individuals.
paperwork
The Committee does not anticipate a major increase in
paperwork burdens resulting from the passage of this
legislation.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title; table of contents.
This section would provide that the bill may be cited as
the ``Making Opportunities for Broadband Investment and
Limiting Excessive and Needless Obstacles to Wireless Act'' or
the ``MOBILE NOW Act.'' This section would further provide a
table of contents for the bill.
Section. 2. Definitions.
This section would provide definitions for various terms
used throughout the bill.
Section 3. Making 500 megahertz available.
Section 3(a)(1) would direct the Secretary, through the
NTIA and the Commission, to make at least 255 additional MHz of
Federal and non-Federal spectrum below the frequency of 6000
MHz available for mobile and fixed wireless broadband use on a
licensed or unlicensed basis by December 31, 2020.
By directing the Secretary and the Commission to make
spectrum available below 6000 MHz, the Committee recognizes
that technology in those bands is currently the most mature for
mobile and fixed deployment and can best be used to meet
immediate and medium-term requirements. Lower band spectrum--
below 3000 MHz--is particularly valuable for licensed mobile
wireless use because of its propagation characteristics and
proximity to other spectrum already being used in licensed
commercial mobile networks.
Section 3(a)(2) would provide additional direction to the
Commission on how the 255 MHz of spectrum under section 3(a)(1)
should be made available. In particular, section 3(a)(2)(A)
would require the Commission to make the spectrum available
either for exclusive use, or on a shared basis by non-Federal
and Federal users for licensed or unlicensed use. Section
3(a)(2)(B) would further clarify that the Commission must make
at least 100 MHz available on an unlicensed basis, and at least
100 MHz available on an exclusive, licensed basis for
commercial mobile use. The 100 MHz available for exclusive,
licensed commercial use would be subject to the Commission's
authority to implement exclusive licensing in a flexible
manner, including allowing incumbent Federal entities to
continue to use that spectrum in designated geographic areas
indefinitely.
The section would leave to the Commission's discretion,
based on its assessment of needs, the designation of the
remaining 55 MHz of spectrum that this section would require
the Commission and the Secretary to make available.
By stating that 100 MHz of spectrum must be made available
for exclusive, licensed use, the Committee intends that this
spectrum not be generally shared with non-Federal and Federal
users as specified in section 3(a)(2)(A). Nevertheless, the
Committee recognizes the great success that has been achieved
by Federal entities cooperating with winners of the Advanced
Wireless Service (AWS-3) auction. AWS-3 licensees must protect
Federal entities in that spectrum, and the Commission has
required AWS-3 licensees and Federal entities to work together
to share information about their systems, agree to appropriate
interference methodologies, and communicate results so as to
facilitate commercial use of the band. The Commission and the
NTIA have jointly issued guidance for licensees and Federal
entities regarding the coordination process.\24\ Accordingly,
section 3(a)(2)(B) would allow the Commission to replicate the
AWS-3 success by allowing incumbent Federal licensees in the
100 MHz of spectrum available for exclusive, licensed
commercial use to continue to operate indefinitely.
---------------------------------------------------------------------------
\24\The FCC and the National Telecommunications and Information
Administration: Coordination Procedures in the 1675-1710 MHz Bands,
Public Notice, GN Docket No. 13-185, 10-11 (rel. Jul. 18, 2014).
---------------------------------------------------------------------------
By stating that the spectrum specified in section
3(a)(2)(B) should be licensed in a flexible manner, the
Committee intends that the Commission permit licensees to offer
services of their choice--fixed or mobile--consistent with the
Commission's Table of Allocations under the regulatory scheme--
common carrier or non-common carrier--appropriate to those
services. This flexibility is consistent with the Commission's
recent approach to licensing mobile wireless spectrum.
The Committee intends that the 100 MHz of unlicensed
spectrum referenced in section 3(a)(2)(B) be available for
shared use by non-Federal and Federal users.
Under section 3(a)(3), the Commission and the Secretary
would not be permitted to consider the following spectrum in
determining which frequencies to make available pursuant to
this section: (i) the frequencies between 1695 and 1710 MHz;
(ii) the frequencies between 1755 and 1780 MHz; (iii) the
frequencies between 2155 and 2180 MHz; (iv) the frequencies
between 3550 and 3700 MHz; and (v) any 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 Act.
The Commission has taken steps in recent years to make more
spectrum available for mobile use. The spectrum specified in
section 3(a)(3) has either already been auctioned or the
Commission has already taken steps to permit its use.\25\ Thus,
to ensure that the Commission and the NTIA make available new
frequencies, section 3(a)(3) would prevent the Commission and
the NTIA from considering the spectrum specified above. In
addition, section 3(a)(3)(E) would clarify that even where
spectrum is not listed in subparagraphs (A) through (D) of
section 3(a)(3), if the Commission has already permitted the
use of that spectrum, it should not be counted toward the 255
MHz requirement imposed by this section.
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\25\See Amendment of the Commission's Rules with Regard to
Commercial Operations in the 1695-1710 MHz, 1755-1780 MHz, and 2155-
2180 MHz Bands, Report and Order, 29 FCC Rcd. 4610, para. 1 (2014)
(providing for the auction of spectrum in the 1695-1710 MHz, 1755-1780
MHz, and 2155-2180 MHz bands--the Advanced Wireless Service, or ``AWS-
3,'' bands); Amendment of the Commission's Rules with Regard to
Commercial Operations in the 3550-3650 MHz Band, Report and Order, 30
FCC Rcd. 3959, para.para. 63-64, 72 (2015) (establishing the Citizens
Broadband Radio Service in the frequencies between 3550 and 3700 MHz;
providing that a maximum of 70 MHz of this spectrum will be available
on a licensed basis with the licenses assigned via auction, and the
remainder will be available on a license-by-rule basis; and providing
that where the licensed portion of this spectrum is not being used by
licensees, other parties may operate opportunistically on the spectrum
on a license-by-rule basis).
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Section 3(a)(4) would require that the NTIA, in performing
its actions under this section, shall conform those actions to
section 113(j) of the National Telecommunications and
Information Administration Reorganization Act (47 U.S.C.
923(j)), which requires the NTIA to prioritize the reallocation
of a Federal spectrum band for exclusive non-Federal use over
shared use of such band.
Section 3(a)(5) would direct the Secretary and the
Commission to consider the following in determining which
frequencies to make available: (i) the need to preserve
critical existing and planned Federal Government capabilities;
(ii) the impact on existing State, local, and tribal government
capabilities; (iii) the international implications; (iv) the
need for appropriate enforcement mechanisms and authorities;
and (v) the importance of the deployment of wireless broadband
services in rural areas of the United States.
The Committee intends for section 3(a)(5) to help guide the
Secretary's and the Commission's actions to make available
additional spectrum under this section. In particular, the
Committee believes that both should consider whether particular
frequencies can help increase broadband deployment in rural
areas. In addition, the Committee understands that there is
value in international harmonization of spectrum bands, which
is why the Committee has directed these two entities to
consider the international implications of their actions to
make available additional spectrum pursuant to section 3.
Internationally harmonized band plans can minimize interference
along U.S. borders, facilitate international roaming, and
reduce the cost of wireless development, deployment, and
equipment. But the Committee also intends that international
harmonization or lack thereof should not be determinative.
Section 3(b) would state that section 3 should not be
construed to: (i) impair or otherwise affect the functions of
the Director of OMB relating to budgetary, administrative, or
legislative proposals; (ii) require the disclosure of
classified information, law enforcement sensitive information,
or other information that must be protected in the interest of
national security; or (iii) affect any existing requirement
under section 156 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 921
note), or any other relevant statutory requirement applicable
to the reallocation of Federal spectrum.
Section 4. Millimeter wave spectrum.
This section would direct the NTIA, in consultation with
the Commission, to conduct an assessment evaluating the
feasibility of allowing mobile or fixed terrestrial wireless
operations, including for broadband, in six specified bands
between the frequencies of 24 gigahertz and 86 gigahertz. This
assessment would consider the impact of allowing such services
on Federal entities and operations in the identified bands. In
conducting this assessment, the NTIA would be required to
consult directly with affected Federal entities and consider
the impact authorizing fixed terrestrial wireless operations in
a particular band would have on an affected Federal entity.
This section would further direct the FCC to publish a
notice of proposed rulemaking (NPRM) within 2 years of
enactment to consider service rules authorizing mobile or fixed
terrestrial wireless operations in various identified
millimeter wave spectrum bands. The NPRM would cover any
Federal bands identified in the NTIA assessment as being
feasible for terrestrial wireless operations, along with the
bands between the frequencies of 24 gigahertz and 86 gigahertz,
identified in this section that do not contain Federal
allocations. As part of any rulemaking conducted by the
Commission pursuant to this section, the Commission would be
required to consult with Federal entities via NTIA. It also
would be required to consider how the bands may best be used
for commercial wireless broadband servicing, including whether
access to the bands should be on a licensed, unlicensed, or
shared basis. Finally, any rulemaking would be required to
include technical characteristics for the relevant bands,
including coexistence requirements.
Section 5. 3 Gigahertz spectrum.
This section would direct the Secretary to submit a report
to the President and to Congress within 18 months of enactment
evaluating the feasibility of allowing commercial wireless
services, licensed or unlicensed, to share the use of the
frequencies between 3100 MHz and 3550 MHz. This section would
further direct the FCC to submit a report to the President and
to Congress, within 18 months of enactment, evaluating the
feasibility of allowing commercial wireless services, licensed
or unlicensed, to share the use of the frequencies between 3700
MHz and 4200 MHz. Both reports would be required to be
completed in consultation with the head of each affected
Federal agency (or a designee). And the Commission would be
required to seek public comment on the reports.
Both reports would be required to include an assessment of
the impacts such sharing may have on the incumbent Federal and
non-Federal operations in the relevant bands (along with
criteria that can protect such operations from harmful
interference), and an identification of which frequencies in
those bands may be most suitable for sharing with commercial
services, (whether such sharing is accomplished by new licenses
distributed by competitive bidding, unlicensed operations, or a
combination of the two), if such sharing is determined to be
feasible.
Section 6. Distributed antenna systems and small cell infrastructure.
This section would direct the FCC to take action in its
proceeding titled ``Program Alternatives for Small Wireless
Communications Facility Deployments'' no later than December
31, 2016.
Section 7. Communications facilities deployment on Federal property.
This section would amend section 6409 of the Middle Class
Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) to
require executive agencies to use applications developed by the
General Services Administration (GSA) for easements, rights-of-
way, and lease requests and GSA-developed master contracts for
placement of communications facility installations on Federal
property, unless such agency uses a substantially similar
application. The section also would specify that fees for
leases be based on direct cost recovery, as they already are
for easements and rights-of-way, except under certain
circumstances. Review of any application submitted under this
section would have to occur within 270 days. This section would
further require a Federal agency to provide any applicant for a
Federal easement, right-of-way, or lease the following: a
written denial of the application, if applicable; and a point
of contact within the agency. This section also would expand
the types of infrastructure covered by section 6409 to further
facilitate the deployment of wireless, wireline, licensed, and
unlicensed communications services. Nothing in section
6409(b)(5) of that Act could be construed to relieve agencies
of their obligations pursuant to division A of subtitle I of
title 54, United States Code,\26\ or the National Environmental
Policy Act of 1969.
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\26\Formerly known as the National Science Historic Preservation
Act. See enactment of title 54 by Public Law 113-287.
---------------------------------------------------------------------------
Section 7(c) would require the NTIA, in coordination with
other named agencies, to develop within 2 years of enactment
recommendations to streamline the process for considering
applications for communications facilities deployment on
Federal property, including procedures for tracking and
expediting decisions on applications. The report would be
required to include recommendations related to tracking of
applications, reducing the amount of time for an agency to
reach a final decision on an application, and expediting
renewals of easements, leases, or other authorizations.
Section 8. Broadband infrastructure deployment.
This section would establish procedures designed to expand
the use of rights-of-way on Federal-aid highways to accommodate
broadband infrastructure and to improve broadband connectivity
to rural communities and broadband services in urban areas.
Specifically, the section would require the Secretary of
Transportation to ensure that, in each State that receives
funds under chapter 1 of title 23 of the United States Code,
the departments of transportation of those States must identify
a broadband utility coordinator responsible for coordinating
broadband infrastructure rights-of-way needs; establish a
process for registering broadband infrastructure entities that
seek to be included in broadband infrastructure right-of-way
coordination efforts within the State; coordinate broadband
infrastructure right-of-way efforts with statewide
telecommunications and broadband plans, and with State and
local transportation and land use plans; and to include in
their State broadband infrastructure coordination plans
strategies to minimize repeated excavations that involve the
installation of broadband infrastructure in a right-of-way. The
section would require State departments of transportation to
take appropriate measures to ensure that existing broadband
infrastructure entities are not disadvantaged compared to other
broadband infrastructure entities, with respect to the program
under this section. This section also would find that it is the
policy of the United States for the Department of
Transportation and State departments of transportation to,
among other things, develop rights-of-way policies to
effectively accommodate broadband infrastructure in the public
right-of-way. The Committee intends for this policy, and the
other provisions of this section, to promote a national dig
once strategy to make sure that adequate broadband conduit is
installed during highway projects and made accessible to
broadband providers. The Committee believes that a national dig
once strategy is an important component of an overall national
plan to speed deployment of both wireline and wireless
broadband facilities and ensure that all Americans have access
to adequate high-speed broadband services.
Section 9. National broadband facilities asset database.
This section would require the Office of Science and
Technology Policy (OSTP), in consultation with the FCC, NTIA,
GSA, National Institute of Standards and Technology, and OMB,
to establish and operate a database, not later than June 30,
2018, of Federal real property capable of supporting the
installation of communications facilities (as that term is
defined in this section). Federal agencies would be required to
provide the OSTP with information for inclusion in the database
on covered property owned, leased or otherwise managed by the
agency within certain statutory deadlines. This section would
require a process for withholding data from the database to
protect national security, public safety, and other national
security concerns. This section would further require the OSTP
to report to Congress on progress in establishing the database
within 180 days of seeking public comment on the database, as
required by this section, then annually thereafter until the
database is fully operational, and each year for 5 years after
it is operational. State governments would be able to provide
information on covered property owned, leased or otherwise
managed by the State for inclusion in the database, but would
not be required to do so. Within a year of enactment, the
Director of OSTP would be required to prepare and to submit to
the designated committees of Congress a report on ways to
incentivize State and local governments to provide information
for inclusion in the database, which must include certain
required information. Within 2 years from the establishment of
the database, the Director of OSTP would be required to provide
an update on that report and provide recommendations on ways to
further incentivize State and local governments to provide
information to the database.
Section 10. Reallocation incentives.
This section would direct the Secretary, in consultation
with the FCC, OMB, and heads of affected Federal agencies (or
their designees), to submit within 18 months of enactment a
report to Congress on legislative or regulatory proposals to
incentivize Federal entities to relinquish or share their
spectrum for commercial wireless broadband services. The report
would be subject to notice and public comment. This report also
would evaluate allowing the winners of spectrum auctions
involving spectrum being reallocated from Federal use to pay
Federal entities to accelerate the post-auction relocation and
transition process. The term payment would be defined to
include both cash and in-kind contributions to a Federal
entity. A payment would only be permitted after auction of the
spectrum but before completion of the entities Transition Plan.
Section 11. Bidirectional sharing study.
This section would direct the FCC to 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 time frames,
including for emergency use. This study would be submitted to
Congress within 1 year of enactment and after public comment,
along with any recommendations for legislation or proposed
regulations. As part of the report, the Commission would be
required to consider the regulatory certainty needed by both
commercial users and Federal entities as they make long-term
investments for shared access to be viable, and whether there
are barriers to voluntary bidirectional sharing arrangements.
Section 12. Unlicensed services in guard bands.
This section would require the FCC to adopt rules, after
public notice and comment in consultation with affected Federal
agencies to allow unlicensed use in the guard bands, including
duplex gaps, of any auctioned spectrum bands after the date of
enactment, as long as doing so is feasible and would not cause
harmful interference to a licensed service or a Federal service
operating in the guard band or in an adjacent band. Subsection
(c) of this section would provide that nothing in this section
shall be construed as limiting the authority of the FCC or the
Department of Commerce to make other spectrum available for
licensed or unlicensed use consistent with their respective
statutory jurisdictions.
Section 13. Pre-Auction funding.
This section would amend section 118(d)(3)(B)(C)(II) of the
National Telecommunications and Information Administration
Organization Act (47 U.S.C. 928(d)(3)(B)(C)(II)) to allow
Federal agencies to receive pre-auction funding for potential
auctions that are likely to occur within 8 years, rather than
the current statutory window of 5 years.
Section 14. Immediate transfer of funds.
This section would amend section 118(e)(1) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 928(e)(1)) to permit the OMB to accelerate
certain payments to Federal entities who are relinquishing
spectrum for commercial use in order to accelerate the process
of making that spectrum available to other users. Specifically,
the OMB would be authorized to transfer Spectrum Relocation
Fund funds to a Federal entity vacating spectrum (or incurring
costs to share spectrum with another Federal user vacating
spectrum for auction) immediately upon reallocation of those
frequencies by competitive bidding by the FCC. Such transfers
would be able to occur regardless of the availability of
auction proceeds in the Spectrum Relocation Fund, and the OMB
would be permitted to borrow monies from the Treasury to cover
any immediate transfers (borrowed money would be repaid,
without interest, from auction proceeds later deposited in the
Spectrum Relocation Fund).
Section 15. Amendment to the Spectrum Pipeline Act of 2015.
This section would amend section 1008 of the Spectrum
Pipeline Act (Public Law 114-74; 129 Stat. 584) to require
notice and all opportunity for public comment for that
section's reports.
Section 16. GAO Assessment of Unlicensed Spectrum and Wi-fi use in low-
income neighborhoods.
This section would direct the Comptroller General of the
United States to conduct a study to evaluate availability of
broadband Internet access using unlicensed spectrum and
wireless networks in low-income neighborhoods. This section
would further direct the Comptroller General to consider and
evaluate the availability of wireless Internet hot spots and
access to unlicensed spectrum in low-income neighborhoods, in
particular for elementary and school-aged children in such
neighborhoods, as well as barriers to deployment and use of
such networks; incentives, policies, or requirements that would
increase the availability of unlicensed spectrum and related
technologies in low-income neighborhoods; and how to encourage
home broadband adoption by households with elementary and
secondary school-age children that are in low-income
neighborhoods. The section would require the Comptroller
General to issue a report, not later than 1 year after
enactment of this Act, summarizing the findings of the study
and making recommendations with respect to potential
incentives, policies, and requirements that could help overcome
barriers to the availability of unlicensed spectrum and related
technologies in low-income neighborhoods and encourage the
adoption of broadband by households with elementary and
secondary school-age children that are in low-income
neighborhoods.
Section 17. Rulemaking related to partitioning or disaggregating
licenses.
This section would direct the FCC, not later than 1 year
after the date of the enactment of this Act, to initiate a
rulemaking proceeding to assess whether to establish a program,
or modify existing programs, under which a licensee that
receives a license for the exclusive use of spectrum in a
specific geographic area under section 301 of the
Communications Act of 1934 (47 U.S.C. 301) may partition or
disaggregate the license by sale or long-term lease to provide
services consistent with the license while also making unused
spectrum available to eligible small carriers or carriers
serving rural areas, if the Commission finds such a program
would promote the availability of advanced telecommunications
services in rural areas or spectrum availability for eligible
small carriers.
The section would direct the Commission, as part of the
rulemaking, to consider whether reduced performance
requirements with respect to spectrum obtained through such
program would facilitate deployment of advanced
telecommunications services in the areas covered by the
program; what conditions would be needed on transfers of
spectrum under such a program to allow eligible small carriers
that obtain spectrum under the program to build out the
spectrum in a reasonable period of time; what incentives would
be appropriate to encourage licensees to lease or sell
spectrum, including extending a license term or modifying
performance requirements of the license relating to the leased
or sold spectrum; and other incentives considered by the
Commission that would further the goals of this section.
The section would direct that if a party fails to meet any
build out requirements set by the Commission for any spectrum
sold or leased under this section, the right to the spectrum
would be forfeited to the Commission unless the Commission
found that there was good cause for the failure to meet those
requirements. The section would allow the Commission to offer
licensees incentives or reduced performance requirements under
this section only if the Commission found that doing so would
likely result in increased availability of advanced
telecommunications services in a rural area.
Section 18. Unlicensed spectrum policy.
This section would direct the FCC to make available on an
unlicensed basis spectrum sufficient to meet demand for
unlicensed wireless broadband operations if, after taking into
account the future needs of other spectrum users, doing so
would be reasonable and in the public interest. The section
would require the Commission to take action to implement these
efforts within 18 months after the date of enactment of this
Act. The section further would provide that it is the policy of
the United States, among other things, to promote spectrum
policy that makes available on an unlicensed basis radio
frequency bands sufficient to meet consumer demand for
unlicensed wireless broadband operations.
Section 19. National plan for unlicensed spectrum.
This section would require the FCC, not later than 1 year
after the enactment of this Act, to develop, in consultation
with the NTIA, a national plan for making additional radio
frequency bands available for unlicensed operations. The
section would require the national plan to identify an approach
that ensures that consumers have access to additional spectrum
to conduct unlicensed operation in a range of radio frequencies
to meet consumer demand. The plan also would recommend specific
actions by the Commission and the NTIA to permit unlicensed
operation in additional radio frequency ranges. Those frequency
ranges would be ones the Commission finds are consistent with
an unlicensed spectrum policy established pursuant to section
18 of this Act; would expand opportunities for unlicensed
operations in a spectrum band or that would otherwise improve
spectrum use and intensity of use of bands where unlicensed
operations are already permitted; would not cause harmful
interference to Federal or non-Federal users of such bands; and
would not significantly impact homeland security or national
security communications. This section also would require the
plan to examine additional ways, with respect to existing and
planned databases or spectrum access systems designed to
promote spectrum sharing and access to spectrum for unlicensed
operations, to improve accuracy and efficacy; to reduce burdens
on consumers, manufacturers, and service providers; and to
protect sensitive Government information.
To be included as part of the plan developed under this
section, the NTIA would be required to share with the
Commission recommendations about how to reform the Spectrum
Relocation Fund to address costs incurred by Federal entities
related to sharing radio frequency bands with radio
technologies conducting unlicensed operations and to ensure
that the Fund has sufficient funds to cover the costs
associated with such sharing and other expenditures allowed of
the Fund under section 118 of the National Telecommunications
and Information Administration Organization Act (47 U.S.C.
928).
The section would require the Commission to submit a report
to Congress that describes the plan developed under this
section, including any recommendations for legislative change,
and to make the report publicly available on the Commission's
website.
Section 20. Spectrum challenge prize.
This section would require that the Secretary, in
consultation with the Assistant Secretary of Commerce for
Communications and Information and the Under Secretary of
Commerce for Standards and Technology, conduct prize
competitions to dramatically accelerate the development and
commercialization of technology that improves spectrum
efficiency and is capable of cost-effective deployment; and
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 art. Such prized competitions would be
subject to availability of funds. The section would allow the
Secretary to enter into a grant, contract, cooperative
agreement, or other agreement with a private sector for-profit
or nonprofit entity to administer the prize competitions; to
invite the Defense Advanced Research Projects Agency, the FCC,
the National Aeronautics and Space Administration, the National
Science Foundation, or any other Federal agency to provide
advice and assistance in the design or administration of the
prize competitions; and to award not more than $5,000,000, in
the aggregate, to the winner or winners of the prize
competitions. The FCC would be required to publish a technical
paper on spectrum efficiency providing criteria that may be
used for the design of the prize competitions not later than
180 days after the date on which funds for prize competitions
are made available pursuant to this section. The section would
authorize the appropriation of such sums as may be necessary to
carry out this section.
Section 21. Wireless telecommunications tax and fee collection
fairness.
This section, without affecting the right of a State or
local jurisdiction to require the collection of any tax, fee,
or surcharge in connection with a specified financial
transaction, would prevent a State or local jurisdiction from
requiring a person to collect from, or remit on behalf of, any
other person a State or local tax, fee, 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
transaction between the person that the State or local
jurisdiction requires to collect or remit the tax, fee, or
surcharge and the purchaser or user of the wireless
telecommunications service.
The section would permit any person aggrieved by the
requirement of collecting or remitting on behalf of any other
person such a fee in violation of this section to bring a civil
action in an appropriate United States district court for
equitable relief. Notwithstanding section 1341 of title 28 of
the United States Code, or the constitution or laws of any
State, the section would give the district courts of the United
States jurisdiction, without regard to the amount in
controversy or citizenship of the parties, to grant such
mandatory or prohibitive injunctive relief, interim equitable
relief, and declaratory judgments as may be necessary to
prevent, restrain, or terminate acts in violation of this
section.
Section 22. Rules of construction.
This section would provide that each range of frequencies
described in the Act shall be construed as being inclusive of
the upper and lower frequencies in such range. This section
would further provide that nothing in the bill shall be
construed to affect any requirement under section 156 of the
National Telecommunications and Information Administration
Organization Act (47 U.S.C. 921 note), as added by the National
Defense Authorization Act for Fiscal Year 2000.
Section 23. Relationship to Middle Class Tax Relief and Job Creation
Act of 2012.
This section would provide that nothing in the Act shall
limit, restrict, or circumvent the implementation of the public
safety network known as FirstNet defined in section 6001 in
title VI of the Middle Class Tax Relief and Job Creation Act of
2012 (47 U.S.C. 1401), or any rules implementing that network.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
MIDDLE CLASS TAX RELIEF AND JOB CREATION ACT OF 2013
[Public Law 112-96; 126 Stat. 156]
SEC. 6409. WIRELESS FACILITIES DEPLOYMENT.
[47 U.S.C. 1455]
(a) Facility Modifications.--
(1) In general.--Notwithstanding section 704 of the
Telecommunications Act of 1996 (Public Law 104-104) or
any other provision of law, a State or local government
may not deny, and shall approve, any eligible
facilities request for a modification of an existing
wireless tower or base station that does not
substantially change the physical dimensions of such
tower or base station.
(2) Eligible facilities request.--For purposes of
this subsection, the term ``eligible facilities
request'' means any request for modification of an
existing wireless tower or base station that involves--
(A) collocation of new transmission
equipment;
(B) removal of transmission equipment; or
(C) replacement of transmission equipment.
(3) Applicability of environmental laws.--Nothing in
paragraph (1) shall be construed to relieve the
Commission from the requirements of the National
Historic Preservation Act or the National Environmental
Policy Act of 1969.
[(b) Federal Easements and Rights-of-way.--
[(1) Grant.--If an executive agency, a State, a
political subdivision or agency of a State, or a
person, firm, or organization applies for the grant of
an easement or right-of-way to, in, over, or on a
building or other property owned by the Federal
Government for the right to install, construct, and
maintain wireless service antenna structures and
equipment and backhaul transmission equipment, the
executive agency having control of the building or
other property may grant to the applicant, on behalf of
the Federal Government, an easement or right-of-way to
perform such installation, construction, and
maintenance.
[(2) Application.--The Administrator of General
Services shall develop a common form for applications
for easements and rights-of-way under paragraph (1) for
all executive agencies that shall be used by applicants
with respect to the buildings or other property of each
such agency.
[(3) Fee.--
[(A) In general.--Notwithstanding any other
provision of law, the Administrator of General
Services shall establish a fee for the grant of
an easement or right-of-way pursuant to
paragraph (1) that is based on direct cost
recovery.
[(B) Exceptions.--The Administrator of
General Services may establish exceptions to
the fee amount required under subparagraph
(A)--
[(i) in consideration of the public
benefit provided by a grant of an
easement or right-of-way; and
[(ii) in the interest of expanding
wireless and broadband coverage.
[(4) Use of fees collected.--Any fee amounts
collected by an executive agency pursuant to paragraph
(3) may be made available, as provided in
appropriations Acts, to such agency to cover the costs
of granting the easement or right-of-way.
[(c) Master Contracts for Wireless Facility Sitings.--
[(1) In general.--Notwithstanding section 704 of the
Telecommunications Act of 1996 or any other provision
of law, and not later than 60 days after the date of
the enactment of this Act, the Administrator of General
Services shall--
[(A) develop 1 or more master contracts that
shall govern the placement of wireless service
antenna structures on buildings and other
property owned by the Federal Government; and
[(B) in developing the master contract or
contracts, standardize the treatment of the
placement of wireless service antenna
structures on building rooftops or facades, the
placement of wireless service antenna equipment
on rooftops or inside buildings, the technology
used in connection with wireless service
antenna structures or equipment placed on
Federal buildings and other property, and any
other key issues the Administrator of General
Services considers appropriate.
[(2) Applicability.--The master contract or contracts
developed by the Administrator of General Services
under paragraph (1) shall apply to all publicly
accessible buildings and other property owned by the
Federal Government, unless the Administrator of General
Services decides that issues with respect to the siting
of a wireless service antenna structure on a specific
building or other property warrant nonstandard
treatment of such building or other property.
[(3) Application.--The Administrator of General
Services shall develop a common form or set of forms
for wireless service antenna structure siting
applications under this subsection for all executive
agencies that shall be used by applicants with respect
to the buildings and other property of each such
agency.
[(d) Executive Agency Defined.--In this section, the term
``executive agency'' has the meaning given such term in section
102 of title 40, United States Code.]\1\
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\1\An application for an easement, right-of-way, or lease that was
made or granted under section 6409 of the Middle Class Tax Relief and
Job Creation Act of 2012 (47 U.S.C. 1455) before the effective date of
this Act shall continue, subject to that section as in effect on the
day before such effective date.
---------------------------------------------------------------------------
(b) Federal Easements, Rights-of-way, and Leases.--
(1) Grant.--If an executive agency, a State, a
political subdivision or agency of a State, or a
person, firm, or organization applies for the grant of
an easement, right-of-way, or lease to, in, over, or on
a building or other property owned by the Federal
Government for the right to install, construct, modify,
or maintain a communications facility installation, the
executive agency having control of the building or
other property may grant to the applicant, on behalf of
the Federal Government, subject to paragraph (5), an
easement, right-of-way, or lease to perform such
installation, construction, modification, or
maintenance.
(2) Application.--
(A) In general.--The Administrator of General
Services shall develop a common form for
applications for easements, rights-of-way, and
leases under paragraph (1) for all executive
agencies that, except as provided in
subparagraph (B), shall be used by all
executive agencies and applicants with respect
to the buildings or other property of each such
agency.
(B) Exception.--The requirement under
subparagraph (A) 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
application.
(3) Fee.--
(A) In general.--Notwithstanding any other
provision of law, the Administrator of General
Services shall establish a fee for the grant of
an easement, right-of-way, or lease pursuant to
paragraph (1) that is based on direct cost
recovery.
(B) Exceptions.--The Administrator of General
Services may establish exceptions to the fee
amount required under subparagraph (A)--
(i) in consideration of the public
benefit provided by a grant of an
easement, right-of-way, or lease; and
(ii) in the interest of expanding
wireless and broadband coverage.
(4) Use of fees collected.--Any fee amounts collected
by an executive agency pursuant to paragraph (3) may be
made available, as provided in appropriations Acts, to
such agency to cover the costs of granting the
easement, right-of-way, or lease.
(5) Timely consideration of applications.--
(A) In general.--Not later than 270 days
after the date on which an executive agency
receives a duly filed application for an
easement, right-of-way, or lease under this
subsection, the executive agency shall--
(i) grant or deny, on behalf of the
Federal Government, the application;
and
(ii) notify the applicant of the
grant or denial.
(B) Explanation of denial.--If an executive
agency denies an application under subparagraph
(A), the executive agency shall notify the
applicant in writing, including a clear
statement of the reasons for the denial.
(C) Applicability of environmental laws.--
Nothing in this paragraph shall be construed to
relieve an executive agency of the requirements
of the National Historic Preservation Act (16
U.S.C. 470 et seq.) or the National
Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(D) Point of contact.--Upon receiving an
application under subparagraph (A), an
executive agency shall designate 1 or more
appropriate individuals within the executive
agency to act as a point of contact with the
applicant.
(c) Master Contracts for Communications Facility Installation
Sitings.--
(1) In general.--Notwithstanding section 704 of the
Telecommunications Act of 1996 (Public Law 104-104; 110
Stat. 151) or any other provision of law, the
Administrator of General Services shall--
(A) develop 1 or more master contracts that
shall govern the placement of communications
facility installation on buildings and other
property owned by the Federal Government; and
(B) in developing the master contract or
contracts, standardize the treatment of the
placement of communications facility
installation on building rooftops or facades,
the placement of communications facility
installation on rooftops or inside buildings,
the technology used in connection with
communications facility installation placed on
Federal buildings and other property, and any
other key issues the Administrator of General
Services considers appropriate.
(2) Applicability.--The master contract or contracts
developed by the Administrator of General Services
under paragraph (1) shall apply to all publicly
accessible buildings and other property owned by the
Federal Government, 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 property.
(3) Application.--
(A) In general.--The Administrator of General
Services shall develop a common form or set of
forms for communications facility installation
siting applications that, except as provided in
subparagraph (B), shall be used by all
executive agencies and applicants with respect
to the buildings and other property of each
such agency.
(B) Exception.--The requirement under
subparagraph (A) 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 application.
(d) Definitions.--In this section:
(1) Communications facility installation.--The term
``communications facility installation'' includes--
(A) any infrastructure, including any
transmitting device, tower, or support
structure, and any equipment, switches, wiring,
cabling, power sources, shelters, or cabinets,
associated with the licensed or permitted
unlicensed wireless or wireline transmission of
writings, signs, signals, data, images,
pictures, and sounds of all kinds; and
(B) any antenna or apparatus that--
(i) is designed for the purpose of
emitting radio frequency;
(ii) is designed to be operated, or
is operating, from a fixed location
pursuant to authorization by the
Commission or is using duly authorized
devices that do not require individual
licenses; and
(iii) is added to a tower, building,
or other structure.
(2) Executive agency.--The term ``executive agency''
has the meaning given such term in section 102 of title
40, United States Code.
NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION ORGANIZATION
ACT
[47 U.S.C. 901 et seq.]
SEC. 118. SPECTRUM RELOCATION FUND.
[47 U.S.C. 928]
* * * * * * *
(d) Fund Availability.--
(1) Appropriation.--There are hereby appropriated
from the Fund such sums as are required to pay the
relocation or sharing costs specified in subsection
(c).
(2) Transfer conditions.--None of the funds provided
under this subsection may be transferred to any
eligible Federal entity--
(A) unless the eligible Federal entity has
submitted a transition plan to the NTIA as
required by paragraph (1) of section 113(h),
the Technical Panel has found such plan
sufficient under paragraph (4) of such section,
and the NTIA has made available such plan on
its website as required by paragraph (5) of
such section;
(B) unless the Director of OMB has
determined, in consultation with the NTIA, the
appropriateness of such costs and the timeline
for relocation or sharing; and
(C) until 30 days after the Director of OMB
has submitted to the Committees on
Appropriations and Energy and Commerce of the
House of Representatives for approval, to the
Committees on Appropriations and Commerce,
Science, and Transportation of the Senate for
approval, and to the Comptroller General a
detailed plan describing specifically how the
sums transferred from the Fund will be used to
pay relocation or sharing costs in accordance
with such subsection and the timeline for such
relocation or sharing.
Unless disapproved within 30 days, the amounts in the
Fund shall be available immediately. If the plan is
disapproved, the Director may resubmit a revised plan.
(3) Transfers for pre-auction costs.--
(A) In general.--Subject to subparagraph (B),
the Director of OMB may transfer to an eligible
Federal entity, at any time (including prior to
a scheduled auction), such sums as may be
available in the Fund to pay relocation or
sharing costs related to pre-auction estimates
or research, as such costs are described in
section 113(g)(3)(A)(iii).
(B) Notification.--No funds may be
transferred pursuant to subparagraph (A)
unless--
(i) the notification provided under
paragraph (2)(C) includes a
certification from the Director of OMB
that--
(I) funds transferred before
an auction will likely allow
for timely implementation of
relocation or sharing, thereby
increasing net expected auction
proceeds by an amount not less
than the time value of the
amount of funds transferred;
and
(II) the auction is intended
to occur not later than [5
years] 8 years after transfer
of funds; and
(ii) the transition plan submitted by
the eligible Federal entity under
section 113(h)(1) provides--
(I) to the fullest extent
possible, for sharing and
coordination of eligible
frequencies with non-Federal
users, including reasonable
accommodation by the eligible
Federal entity for the use of
eligible frequencies by non-
Federal users during the period
that the entity is relocating
its spectrum uses (in this
clause referred to as the
'transition period');
(II) for non-Federal users to
be able to use eligible
frequencies during the
transition period in geographic
areas where the eligible
Federal entity does not use
such frequencies;
(III) that the eligible
Federal entity will, during the
transition period, make itself
available for negotiation and
discussion with non-Federal
users not later than 30 days
after a written request
therefor; and
(IV) that the eligible
Federal entity will, during the
transition period, make
available to a non-Federal user
with appropriate security
clearances any classified
information (as defined in
section 798(b) of title 18,
United States Code) regarding
the relocation process, on a
need-to-know basis, to assist
the non-Federal user in the
relocation process with such
eligible Federal entity or
other eligible Federal
entities.
(C) Applicability to certain costs.--
(i) In general.--The Director of OMB
may transfer under subparagraph (A) not
more than $10,000,000 for costs
incurred after June 28, 2010, but
before the date of the enactment of the
Middle Class Tax Relief and Job
Creation Act of 2012.
(ii) Supplement not supplant.--Any
amounts transferred by the Director of
OMB pursuant to clause (i) shall be in
addition to any amounts that the
Director of OMB may transfer for costs
incurred on or after the date of the
enactment of the Middle Class Tax
Relief and Job Creation Act of 2012.
(4) Reversion of unused funds.--Any amounts in the
Fund that are remaining after the payment of the
relocation or sharing costs that are payable from the
Fund shall revert to and be deposited in the general
fund of the Treasury, for the sole purpose of deficit
reduction, not later than 8 years after the date of the
deposit of such proceeds to the Fund, unless within 60
days in advance of the reversion of such funds, the
Director of OMB, in consultation with the NTIA,
notifies the congressional committees described in
paragraph (2)(C) that such funds are needed to complete
or to implement current or future relocation or sharing
arrangements.
(e) Transfer to Eligible Federal Entities.--
(1) Transfer.--
(A) Amounts made available pursuant to
subsection (d) shall be transferred to eligible
Federal entities, as defined in section
113(g)(1) of this Act.
(B) An eligible Federal entity may receive
more than one such transfer, but if the sum of
the subsequent transfer or transfers exceeds 10
percent of the original transfer--
(i) such subsequent transfers are
subject to prior approval by the
Director of OMB as required by
subsection (d)(2)(B);
(ii) the notice to the committees
containing the plan required by
subsection (d)(2)(C) shall be not less
than 45 days prior to the date of the
transfer that causes such excess above
10 percent; and
(iii) such notice shall include, in
addition to such plan, an explanation
of need for such subsequent transfer or
transfers.
(C) Such transferred amounts shall be
credited to the appropriations account of the
eligible Federal entity which has incurred, or
will incur, such costs, and shall, subject to
paragraph (2), remain available until expended.
(D) At the request of an eligible Federal
entity, the Director of OMB may transfer the
amount under subparagraph (A) immediately--
(i) after the frequencies are
reallocated by competitive bidding
under section 309(j) of the
Communications Act of 1934 (47 U.S.C.
309(j)); or
(ii) in the case of an incumbent
Federal entity that is incurring
relocation or sharing costs to
accommodate sharing spectrum
frequencies with another Federal
entity, after the frequencies from
which the other eligible Federal entity
is relocating are reallocated by
competitive bidding under section
309(j) of the Communications Act of
1934 (47 U.S.C. 309(j)), without regard
to the availability of such sums in the
Fund.
(E) Prior to the deposit of proceeds into the
Fund from an auction, the Director of OMB may
borrow from the Treasury the amount under
subparagraph (A) for a transfer under
subparagraph (D). The Treasury shall
immediately be reimbursed, without interest,
from funds deposited into the Fund.
(2) Retransfer to fund.--An eligible Federal entity
that has received such amounts shall report its
expenditures to OMB and shall transfer any amounts in
excess of actual relocation or sharing costs back to
the Fund immediately after the NTIA has notified the
Commission that the relocation of the entity or
implementation of the sharing arrangement by the entity
is complete, or has determined that such entity has
unreasonably failed to complete such relocation or the
implementation of such arrangement in accordance with
the timeline required by subsection (d)(2)(B).
* * * * * * *
SPECTRUM PIPELINE ACT OF 2015
[Public Law 114-74; 129 Stat.584]
SEC. 1008. REPORTS TO CONGRESS.
Not later than 3 years after the date of the enactment of
this Act, the Commission, after notice and an opportunity for
public comment, shall submit to Congress--
(1) a report containing an analysis of the results of
the rules changes relating to the frequencies between
3550 MHz and 3650 MHz; and
(2) a report containing an analysis of proposals to
promote and identify additional spectrum bands that can
be shared between incumbent uses and new licensed, and
unlicensed services under such rules and identification
of at least 1 gigahertz between 6 gigahertz and 57 GHz
for such use.