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Extending cable must-carry rules when stations give up spectrum for auction will make obtaining spectrum easier. Today's technology, especially switched digital video (SDV), means the cost is minimal. But one section potentially cripples the effective use of spectrum for rural broadband, likely significantly raises the future cost of wireless, and leads to very inefficient spectrum use. That's my plain reading of section 18, although the memo explainingthe implies something totally different. The Republicans want to prohibit net neutrality and unbundling requirements, but the draft is so general a court might throw out crucial requirements.
Germany will be close to 100% LTE coverage in 2013 when the U.S. will be far behind. Kurth in the last auction required the winning bidders first deploy to the unserved areas. Deutsche Telekom has connected 1,000 small towns previsously not reached. The cost was remarkably little and far less than proposed USF subsidies. Vodafone explained that they found efficient ways to reach everywhere they were spending their own money. It was a requirement of their license, so their best engineers found affordable solutions. The bids in the auction were only slightly lower, and Germany will get almost 100% wireless coverage without future subsidies.
Every regulator in the world watched Germany's success in rural areas, and that's the obvious choice in the U.S. as well. It will save many $billions. But the general prohibition on auction rules in the proposed bill might prevent the FCC requiring a buildout to most of the last 2-3%. That would be a mistake that would add $billions to the universal service requirement in future years.
The second important step for rural broadband is to make sure all the spectrum is efficiently used. That will become practical with second generation LTE Advanced, soon to be an exciting alternative in rural areas. LTE Advanced is crucial to good wireless broadband, I've learned from engineers at Verizon and the FCC. The current first generation LTE has severe capacity limits, demonstrated by low caps and high prices. That can improve, but the real breakthrough comes when LTE Advanced breaks the current barrier of 20 MHz. See Spectrum for LTE Advanced: Crucial for Rural Broadband. Putting together 40 MHz and even 100 MHz will allow raising the capacity 3-10 times. For the last 5%, that will bring wireless offerings much closer to what the rest of us take for granted today. This isn't science fiction. Verizon has announced deployments for 2013.
Unlike crowded cities, there's plenty of spectrum in these extreme rural areas. But much of it belongs to Verizon and AT&T, who typically will have 40 MHz+ of spectrum they don't need for their own service in such low density areas. The last thing they want to do is release it to competitors for a dedicated high-capacity rural offering. The FCC needs creative rules, including use it or lose it on spectrum, is it is serious about reaching rural areas with affordable broadband.
Bravo to Neil Fried and House colleagues for making the discussion draft public.
I I believe a good lawyer could use the language of the bill to go much further than the Committee intends. It's worth revisiting if we really care about rural broadband.
(18) CERTAIN BIDDING AND LICENSING CONDITIONS PROHIBITED.—In assigning licenses or allocating spectrum for unlicensed use through a system of competitive bidding under this subsection, the Commission may not—
‘‘(A) impose any condition on the licenses assigned through such system that—
‘‘(i) limits the ability of a licensee to manage the use of its network, including management of the use of applications, services, or devices on its network, or to prioritize the traffic on its network as it
chooses; or
'‘(ii) requires a licensee to sell access to its network on a wholesale basis;
‘‘(B) limit participation in such system on the basis of the total amount of spectrum li
censes held by a person seeking such participation; or
‘‘(C) impose any other condition on eligibility for participation in such system or for the holding of a license granted through such system that is not related to øthe qualifications of an applicant
-----------
I also believe that letting the two dominant companies buy more spectrum is a mistake. Canada and France are seeing mobile prices come down 15-20% because they reserved spectrum for competitors. Nearly every country except the U.S. has similar rules.
The memo from Neil Fried and David Redl
The Committee on Energy and Commerce
July 13, 2011
Memorandum
To: Members and Staff, Subcommittee on Communications and Technology
From: Majority Committee Staff
Subject: ―Legislative Hearing to Address Spectrum and Public Safety Issues‖
The Subcommittee on Communications and Technology will hold a legislative hearing
Friday, July 15, 2011, at 8:30 a.m. in 2123 Rayburn House Office Building on spectrum and
public safety issues. One panel of witnesses will testify:
Christopher Guttman-McCabe Christopher M. Moore
Vice President, Regulatory Affairs Chief of Police
CTIA–The Wireless Association San Jose Police Department
Peter Cramton The Honorable Gordon Smith
Professor of Economics President and CEO
University of Maryland National Association of Broadcasters
Michael Calabrese
Senior Research Fellow
Open Technology Initiative
New America Foundation
I. Overview
Good spectrum policy can help bring interoperable broadband communications to public
safety officials, advance wireless broadband service, reduce the deficit by tens of billions of
dollars, and create jobs. The Digital Television Transition and Public Safety Act of 2005, for
example, cleared 24 MHz of nationwide spectrum for First Responders to meet some of the 9/11
Commission recommendations, provided $1 billion for interoperable public safety equipment,
freed spectrum that carriers are now using to roll out fourth generation wireless broadband
services, and raised close to $20 billion in spectrum auction proceeds.
Despite the progress the legislation made, however, we still do not have a nationwide,
interoperable public safety network, and consumer demand for wireless broadband is rapidly
outpacing the amount of spectrum available for commercial use. All told, we have allocated
approximately 100 MHz of nationwide spectrum for public safety use and a June 23, 2011,
Congressional Research Service report estimates we have given First Responders $13 billion in
federal funding over the last decade. Yet former 9/11 Commission Chair Thomas Kean and Vice
Majority Memorandum for July 15, 2011, Communications and Technology Subcommittee Hearing
Page 2
Chair Lee Hamilton said in a March 2010 FCC blog that ―we have made little progress‖ in meeting our public safety goals. And while the 700 MHz band auction required by the 2005 DTV Act was successful overall, public safety and network neutrality conditions the FCC placed on the C- and D-blocks prevented the D-block from selling, hindered participation by smaller wireless providers, and probably reduced the proceeds by at least $3 billion.
In its 2010 National Broadband Plan, the FCC concluded that the best way to meet public safety and wireless broadband goals was to auction the D-block to commercial providers and use the proceeds to help fund the public safety network. In endorsing the proposal, Kean and Hamilton’s 2010 FCC blog said ―[i]t will provide public safety users throughout the country with access to wireless broadband capabilities that will enable them to communicate effectively across departments and jurisdictions, while encouraging public safety to partner with commercial providers and leverage the investments they already have made.‖ They said they hoped ―all stakeholders will work with the Commission to refine the plan as needed and make it a reality.‖ In a January 2011 editorial, former 9/11 Commissioner Slade Gorton said that:
[w]hile the 112th Congress may be sharply divided over many issues, both parties have an opportunity to address this vital national-security priority by supporting the FCC's broadband plan for public-safety communications. Quite simply, I believe it is the best way to guarantee that a national interoperable network is built for first responders in both urban and rural areas. Some critics of the FCC auction plan have embraced recommendations that call for reallocating the D-Block directly to public-safety officials. As a former member of the 9/11 Commission, I believe their approach offers public-safety officials none of the tools or resources they need to build the network.
In February 2011, however, President Obama said he endorsed proposals to give the D-block to public safety. FCC Chairman Genachowski nonetheless continues to support an auction approach, stating as recently as a June 2011 Communications and Technology Subcommittee hearing that he stands by the broadband plan proposal.
This legislative hearing will focus on two documents. The first is a discussion draft that authorizes an as yet unspecified amount for construction of an interoperable public safety network on the 24 MHz of spectrum cleared for public safety by the 2005 DTV legislation, creates a governance structure for construction and operation of the public safety network, and authorizes incentive auctions. Staff for Mr. Waxman and Ms. Eshoo has been involved in discussions regarding the draft from the beginning and the draft incorporates some of their suggestions, including changes on incentive auctions and governance. The draft also incorporates suggestions from the FCC. The second document is H.R. 3019, the Inslee-Upton-Boucher government relocation bill from the 111th Congress.
None of the language is set in stone and the hope is that bipartisan discussions will continue as we move toward a markup vehicle.
Majority Memorandum for July 15, 2011, Communications and Technology Subcommittee Hearing
Page 3
II. Section-by-Section
A. Discussion Draft
Sections 1-4. Short title; definitions; provision permitting the FCC to use the enforcement authority it has under the Communications Act of 1934 to enforce the provisions of the bill.
Section 101. Instructs the FCC to auction no later than 10 years from enactment a variety of spectrum blocks, including portions of the AWS-2 band, the AWS-3 band, and a number of bands currently occupied by government users. Also instructs the NTIA to relocate federal users from the spectrum identified unless such use is necessary for critical communications, in which case the NTIA is to make the spectrum available for secondary use through a database.
Sections 102-103. Establishes the Commission’s general authority to conduct incentive auctions as well as specific authority for a single, voluntary, broadcast incentive auction. The broadcast-specific incentive auction provisions contain certain safeguards for broadcasters as well as some additional flexibility for the FCC. While broadcasters may participate in subsequent incentive auctions pursuant to the general incentive auction authority, neither the broadcaster safeguards nor the additional FCC flexibility would apply. Requires the FCC to keep confidential the identities of broadcasters that volunteer to exit the market until such time as they exit so as not to harm their ongoing business. Requires the FCC to make reasonable efforts to preserve broadcasters’ existing service area and prohibits the FCC from compelling a broadcaster to move from UHF to VHF without compensation.
Section 104. Requires that any spectrum made available for commercial use must be done so through auction, regardless whether the spectrum is to be made available on a licensed or unlicensed basis. If the sum of the bids of the parties that prefer unlicensed use of particular spectrum exceeds the highest individual bid for licensed use, the spectrum will be made available on an unlicensed basis. This approach is modeled after FCC Office of Strategic Planning Working Paper No. 43. This section also requires new unlicensed devices to coordinate with a database to determine which spectrum bands are available for operation.
Section 105. Limits the authority of the FCC to use spectrum license conditions to accomplish policy goals that are properly addressed through notice and comment rulemaking. Would prohibit the Commission from placing restrictions on licenses that are related to network management practices, wholesale access, caps on total spectrum holdings, and any other restrictions on eligibility to bid at spectrum auction that are unrelated to the bidders qualifications or fitness to be a Commission licensee. Does not affect any authority the FCC has to impose regulations through a rulemaking.
Sections 106-107. Extends the Commission’s auction authority until 2021. Requires the FCC to use the proceeds from the auctions the draft requires to cover incentive auction and relocation costs and directs an as yet unspecified amount for deficit reduction.
Section 201. Requires the FCC to grant to the states the licenses for the 24 MHz of spectrum cleared by the 2005 DTV legislation for construction of an interoperable broadband network. Also freezes expansion of narrowband voice services in that spectrum to facilitate transition to broadband use.
Majority Memorandum for July 15, 2011, Communications and Technology Subcommittee Hearing
Page 4
Sections 202-205. Establishes a board of federal, state and commercial members to govern construction and operation of the public safety network. The board establishes the national requirements to ensure interoperability and selects an administrator—chosen through a request-for-proposal (RFP) process—to coordinate the individual state licensees, ratify contracts and RFPs of the States to build the network, and ensure compliance with the federal interoperability requirements. The States, through public/private partnerships, shall be eligible for grants to build out needed infrastructure and to obtain compatible devices. Authorizes an as yet unspecified amount for construction of the network. Lowers infrastructure costs by removing unnecessary barriers to collocation of facilities.
Section 206. Instructs the FCC in consultation with the Office of Emergency Communications to issue a report on the uses and capabilities of amateur radio operators during emergencies.
B. H.R. 3019, the Spectrum Relocation Improvement Act
One way to make more spectrum available for commercial purposes is to use government spectrum more efficiently and reallocate the spectrum saved. That was the idea behind the Commercial Spectrum Enhancement Act (CSEA) enacted in 2004. The law is designed to provide funding to upgrade the wireless resources of government agencies while clearing additional spectrum for commercial use. Under the CSEA, government frequencies identified for reallocation are auctioned to commercial licensees and the proceeds are used to relocate the agencies’ wireless facilities.
In the 111th Congress, Mr. Inslee—with Mr. Upton and then-Chairman Boucher—offered H.R. 3019 to improve this process based on lessons learned during the relocation of government incumbent users from the AWS-1 band.
Section 1. Short title.
Section 2. Subsection (a) requires public disclosure of a detailed plan regarding a government agency’s transition and the sharing of frequencies with commercial entities pending relocation.
Subsection (b) requires each relocating entity to make a detailed transition plan and timetable available to the NTIA for the NTIA to post on its web site. The plan must identify the entity’s current use of the spectrum, the location of its wireless facilities, the frequencies it uses, the staff responsible for the relocation, what the relocation funds will be used for, the equipment and personnel needed for the relocation, the schedule for field-testing and deploying new equipment needed for relocation, and the risk factors that could affect the entity’s completion of the transition plan. The plan must be evaluated by a three-member technical panel, with the OMB, NTIA and FCC each appointing one member. The relocating entity must explain as specifically as possible the exclusion from the plan of any classified information.
Majority Memorandum for July 15, 2011, Communications and Technology Subcommittee Hearing
Page 5
Subsection (c) requires a relocating entity to share spectrum with the commercial licensee during the relocation process to the fullest extent possible. The entity must make itself available for negotiations with the commercial licensee within 30 days of a written request. It must also make any classified information regarding the relocation process available to representatives of the licensee with appropriate security clearances. The entity must complete the relocation within one year after funds are transferred to the entity unless it receives from the OMB prior permission for a different timetable and makes available to the NTIA an update on the transition at least 15 days before the halfway point of that time period. The NTIA shall publicly post that update on its web site. If a dispute arises over the execution, timing, or cost of the transition plan, either the relocating entity or the commercial licensee may seek resolution of the dispute from a 3-member board chaired by an OMB representative and also consisting of representatives of the NTIA and FCC. The board shall rule on the dispute within 28 days. Appeals may be taken to the D.C. Circuit.
If you need more information, please call Neil Fried or David Redl at 5-2927.
The discussion draft bill
[Discussion Draft]
[DISCUSSION DRAFT]
112TH CONGRESS
1ST SESSION H. R. ll
To promote nationwide deployment of an interoperable public safety
broadband network, to make available additional spectrum for wireless
broadband services, to reduce the deficit, to promote job growth, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
Ml. llllll introduced the following bill; which was referred to the
Committee on llllllllllllll
A BILL
To promote nationwide deployment of an interoperable public
safety broadband network, to make available additional
spectrum for wireless broadband services, to reduce the
deficit, to promote job growth, and for other purposes.
1 Be it enacted by the Senate and House of Representa2
tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
4 (a) SHORT TITLE.—This Act may be cited as the
5 ‘‘Spectrum Innovation Act of 2011’’.
6 (b) TABLE OF CONTENTS.—The table of contents for
7 this Act is as follows:
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Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Rule of construction.
Sec. 4. Enforcement.
TITLE I—SPECTRUM AUCTION AUTHORITY
Sec. 101. Deadline for auction of certain spectrum.
Sec. 102. General authority for incentive auctions.
Sec. 103. Special requirements for incentive auction of broadcast TV spectrum.
Sec. 104. Use of auctions to allocate spectrum for unlicensed use.
Sec. 105. Administration of auctions by Commission.
Sec. 106. Extension of auction authority.
Sec. 107. Deficit reduction and funding prioritization.
TITLE II—PUBLIC SAFETY COMMUNICATIONS
Sec. 201. Reassignment of public safety spectrum to States.
Sec. 202. National Public Safety Communications Plan.
Sec. 203. Plan administration.
Sec. 204. Grants to States.
Sec. 205. Wireless facilities deployment.
Sec. 206. Study on emergency communications by amateur radio and impediments
to amateur radio communications.
1 SEC. 2. DEFINITIONS.
2 In this Act:
3 (1) ADMINISTRATOR.—The term ‘‘Adminis4
trator’’ means the entity awarded a contract by the
5 Commission under section 203(a) to serve as Admin6
istrator of the National Public Safety Communica7
tions Plan.
8 (2) BOARD.—The term ‘‘Board’’ means the
9 Public Safety Communications Planning Board es10
tablished under section 202(a)(1).
11 (3) BROADCAST TELEVISION LICENSEE.—The
12 term ‘‘broadcast television licensee’’ means a person
13 holding a license to use a portion of the broadcast
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1 television spectrum to operate a full-power television
2 station.
3 (4) BROADCAST TELEVISION SPECTRUM.—The
4 term ‘‘broadcast television spectrum’’ means the por5
tions of the electromagnetic spectrum between the
6 frequencies from 54 megahertz to 72 megahertz,
7 from 76 megahertz to 88 megahertz, from 174
8 megahertz to 216 megahertz, and from 470 mega9
hertz to 698 megahertz.
10 (5) COMMERCIAL MOBILE BROADBAND SERV11
ICE.—The term ‘‘commercial mobile broadband serv12
ice’’ means broadband service (as defined by the
13 Commission) that is provided by a provider of com14
mercial mobile service (as defined in section 332 of
15 the Communications Act of 1934 (47 U.S.C. 332)).
16 (6) COMMISSION.—The term ‘‘Commission’’
17 means the Federal Communications Commission.
18 (7) FEDERAL ENTITY.—The term ‘‘Federal en19
tity’’ has the meaning given such term in section
20 113 of the National Telecommunications and Infor21
mation Administration Organization Act (47 U.S.C.
22 923).
23 (8) FORWARD AUCTION.—The term ‘‘forward
24 auction’’ means the portion of an incentive auction
25 of broadcast television spectrum under section
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1 103(c), in which the Commission assigns licenses for
2 the use of or allocates for unlicensed use the spec3
trum usage rights with respect to which the Com4
mission accepts bids for voluntary relinquishment in
5 a reverse auction under section 103(a).
6 (9) INCENTIVE AUCTION.—The term ‘‘incentive
7 auction’’ means a system of competitive bidding
8 under section 309(j) of the Communications Act of
9 1934 (47 U.S.C. 309(j)) in which spectrum auc10
tioned is attributable to the voluntary relinquish11
ment of spectrum usage rights by licensees, with
12 whom a portion of auction proceeds may be shared
13 in accordance with subparagraph (F) of paragraph
14 (8) of such section, as added by section 102(3).
15 (10) LOCAL MARKET.—The term ‘‘local mar16
ket’’ has the meaning given such term in section 338
17 of the Communications Act of 1934 (47 U.S.C.
18 338).
19 (11) MULTICHANNEL VIDEO PROGRAMMING
20 DISTRIBUTOR.—The term ‘‘multichannel video pro21
gramming distributor’’ has the meaning given such
22 term in section 602 of the Communications Act of
23 1934 (47 U.S.C. 522).
24 (12) NATIONAL PUBLIC SAFETY COMMUNICA25
TIONS PLAN.—The term ‘‘National Public Safety
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[Discussion Draft]
1 Communications Plan’’ or ‘‘Plan’’ means the plan
2 adopted under section 202(c).
3 (13) NTIA.—The term ‘‘NTIA’’ means the Na4
tional Telecommunications and Information Admin5
istration.
6 (14) PUBLIC SAFETY ANSWERING POINT.—The
7 term ‘‘public safety answering point’’ has the mean8
ing given such term in section 222 of the Commu9
nications Act of 1934 (47 U.S.C. 222).
10 (15) PUBLIC SAFETY COMMUNICATIONS.—The
11 term ‘‘public safety communications’’ means commu12
nications by providers of public safety services.
13 (16) PUBLIC SAFETY SERVICES.—The term
14 ‘‘public safety services’’ has the meaning given such
15 term in section 337 of the Communications Act of
16 1934 (47 U.S.C. 337).
17 (17) PUBLIC SAFETY SPECTRUM.—The term
18 ‘‘public safety spectrum’’ means the portion of the
19 electromagnetic spectrum allocated for public safety
20 services under section 337(a) of the Communications
21 Act of 1934 (47 U.S.C. 337(a)).
22 (18) REVERSE AUCTION.—The term ‘‘reverse
23 auction’’ means the portion of an incentive auction
24 of broadcast television spectrum under section
25 103(a), in which a broadcast television licensee may
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1 submit bids stating the amount it would accept for
2 voluntarily relinquishing some or all of its broadcast
3 television spectrum usage rights.
4 (19) STATE.—The term ‘‘State’’ has the mean5
ing given such term in section 3 of the Communica6
tions Act of 1934 (47 U.S.C. 153).
7 (20) STATE PUBLIC SAFETY BROADBAND COM8
MUNICATIONS NETWORK.—The term ‘‘State public
9 safety broadband communications network’’ means a
10 broadband network for public safety communications
11 established by a State using the public safety spec12
trum.
13 (21) ULTRA HIGH FREQUENCY.—The term
14 ‘‘ultra high frequency’’ means, with respect to a tele15
vision channel, that the channel is located in the
16 portion of the electromagnetic spectrum between the
17 frequencies from 470 megahertz to 698 megahertz.
18 (22) VERY HIGH FREQUENCY.—The term ‘‘very
19 high frequency’’ means, with respect to a television
20 channel, that the channel is located in the portion of
21 the electromagnetic spectrum between the fre22
quencies from 54 megahertz to 72 megahertz, from
23 76 megahertz to 88 megahertz, or from 174 mega24
hertz to 216 megahertz.
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1 SEC. 3. RULE OF CONSTRUCTION.
2 Each range of frequencies described in this Act shall
3 be construed to be inclusive of the upper and lower fre4
quencies in the range.
5 SEC. 4. ENFORCEMENT.
6 (a) IN GENERAL.—The Commission shall enforce this
7 Act as if this Act were a part of the Communications Act
8 of 1934 (47 U.S.C. 151 et seq.). A violation of this Act,
9 or a regulation promulgated under this Act, shall be con10
sidered to be a violation of the Communications Act of
11 1934, or a regulation promulgated under such Act, respec12
tively.
13 (b) EXCEPTION.—Subsection (a) does not apply in
14 the case of a provision of this Act that is expressly re15
quired to be carried out by an agency (as defined in sec16
tion 551 of title 5, United States Code) other than the
17 Commission.
18 TITLE I—SPECTRUM AUCTION
19 AUTHORITY
20 SEC. 101. DEADLINE FOR AUCTION OF CERTAIN SPECTRUM.
21 (a) IN GENERAL.—Notwithstanding paragraph
22 (15)(A) of section 309(j) of the Communications Act of
23 1934 (47 U.S.C. 309(j)), not later than 10 years after
24 the date of the enactment of this Act, subject to subsection
25 (c), the Commission shall, through a system of competitive
26 bidding under such section, grant licenses for the use of
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1 or allocate for unlicensed use (as described in paragraph
2 (17) of such section, as added by section 104(a)(3)) the
3 portions of the electromagnetic spectrum described in sub4
section (b).
5 (b) SPECTRUM DESCRIBED.—The portions of the
6 electromagnetic spectrum described in this subsection are
7 the following:
8 (1) The frequencies between 1915 megahertz
9 and 1920 megahertz and between 2020 megahertz
10 and 2025 megahertz (the AWS-2 H Block).
11 (2) The frequencies between 1755 megahertz
12 and 1780 megahertz and between 2155 megahertz
13 and 2180 megahertz (the AWS-3 band).
14 (3) The frequencies between 5350 megahertz
15 and 5470 megahertz and between 5850 megahertz
16 and 5925 megahertz.
17 (4) The frequencies between 1670 megahertz
18 and 1710 megahertz and between 2070 megahertz
19 and 2110 megahertz.
20 (5) The frequencies between 1780 megahertz
21 and 1800 megahertz and between 2180 megahertz
22 and 2200 megahertz.
23 (c) INCUMBENT FEDERAL USE.—
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1 (1) IN GENERAL.—Not later than a date that
2 will allow the Commission to meet the deadline in
3 subsection (a), the NTIA shall—
4 (A) except as provided in subparagraph
5 (B), withdraw any assignment to a Federal en6
tity of a portion of the electromagnetic spec7
trum described in paragraph (3), (4), or (5) of
8 subsection (b);
9 (B) if the NTIA determines that Federal
10 use of such a portion is necessary to the critical
11 communications related to the mission of the
12 Federal entity and that Federal and non-Fed13
eral use of such portion may be coordinated by
14 means of the database established under para15
graph (2)(A), modify the terms under which the
16 Federal entity is permitted to use such portion
17 so that such use is subject to coordination by
18 means of the database; and
19 (C) notify the Commission of each with20
drawal under subparagraph (A) and each deter21
mination and modification under subparagraph
22 (B).
23 (2) DATABASE.—
24 (A) IN GENERAL.—The NTIA, in consulta25
tion with the Commission, shall establish and
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1 maintain a database to coordinate Federal and
2 non-Federal use of any portions of the electro3
magnetic spectrum with respect to which the
4 NTIA has made a determination under para5
graph (1)(B).
6 (B) COORDINATION.—The database estab7
lished under subparagraph (A) may be used to
8 coordinate the use of such portions of the elec9
tromagnetic spectrum by Federal and non-Fed10
eral users based on usage parameters that in11
clude geographic area, time, and specific fre12
quencies within such portions.
13 (C) NTIA REGULATIONS.—The NTIA, in
14 coordination with the Commission, shall pro15
mulgate regulations to govern use of such por16
tions of the electromagnetic spectrum by Fed17
eral entities.
18 (D) COMMISSION REGULATIONS.—The
19 Commission, in coordination with the NTIA,
20 shall promulgate regulations to govern use of
21 such portions of the electromagnetic spectrum
22 by entities that are not Federal entities.
23 (3) LIMITATIONS ON NON-FEDERAL ASSIGN24
MENT OR ALLOCATION.—In conducting the competi25
tive bidding required by subsection (a), the Commis-
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[Discussion Draft]
1 sion may only grant licenses for the use of or allo2
cate for unlicensed use a portion of the electro3
magnetic spectrum described in paragraph (3), (4),
4 or (5) of subsection (b) that is assigned to a Federal
5 entity—
6 (A) after receiving from the NTIA a notifi7
cation under paragraph (1)(C) with respect to
8 such portion; and
9 (B) in the case of a portion with respect
10 to which the NTIA has made a determination
11 under paragraph (1)(B), subject to coordination
12 with use by Federal entities by means of the
13 database established under paragraph (2)(A).
14 SEC. 102. GENERAL AUTHORITY FOR INCENTIVE AUCTIONS.
15 Section 309(j)(8) of the Communications Act of 1934
16 (47 U.S.C. 309(j)(8)) is amended—
17 (1) in subparagraph (A), by striking ‘‘(D), and
18 (E),’’ and inserting ‘‘(D), (E), and (F),’’;
19 (2) in subparagraph (C)(i), by striking ‘‘sub20
paragraph (E)(ii)’’ and inserting ‘‘subparagraphs
21 (E)(ii) and (F)’’; and
22 (3) by adding at the end the following:
23 ‘‘(F) INCENTIVE AUCTIONS.—
24 ‘‘(i) IN GENERAL.—Notwithstanding
25 subparagraph (A) and except as provided
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[Discussion Draft]
1 in subparagraph (B), the Commission may
2 encourage a licensee to relinquish volun3
tarily some or all of its licensed spectrum
4 usage rights in order to permit the assign5
ment of new initial licenses or allocation of
6 spectrum for unlicensed use (as described
7 in paragraph (17)) by sharing with such li8
censee a portion of the proceeds (including
9 deposits and upfront payments from suc10
cessful bidders) from the use of a competi11
tive bidding system under this subsection.
12 ‘‘(ii) LIMITATIONS.—The Commission
13 may not enter into a relinquishment and
14 sharing agreement with a licensee under
15 this subparagraph unless—
16 ‘‘(I) the Commission conducts a
17 reverse auction to determine the
18 amount of compensation that licensees
19 would accept in return for voluntarily
20 relinquishing spectrum usage rights;
21 and
22 ‘‘(II) at least one other licensee
23 bids in the reverse auction.’’.
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[Discussion Draft]
1 SEC. 103. SPECIAL REQUIREMENTS FOR INCENTIVE AUC2
TION OF BROADCAST TV SPECTRUM.
3 (a) REVERSE AUCTION TO IDENTIFY INCENTIVE
4 AMOUNT.—
5 (1) IN GENERAL.—The Commission may con6
duct a reverse auction to determine the amount of
7 compensation that each broadcast television licensee
8 would accept in return for voluntarily relinquishing
9 some or all of its broadcast television spectrum
10 usage rights for assignment or reallocation for unli11
censed use through a system of competitive bidding
12 under subparagraph (F) of section 309(j)(8) of the
13 Communications Act of 1934, as added by section
14 102(3).
15 (2) ELIGIBLE RELINQUISHMENTS.—Only the
16 following shall be considered a relinquishment of
17 usage rights for purposes of paragraph (1):
18 (A) Relinquishing all usage rights with re19
spect to a particular television channel without
20 receiving in return any usage rights with re21
spect to another television channel.
22 (B) Relinquishing all usage rights with re23
spect to an ultra high frequency television chan24
nel in return for receiving usage rights with re25
spect to a very high frequency television chan26
nel.
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[Discussion Draft]
1 (C) Relinquishing usage rights in order to
2 share a television channel with another licensee.
3 (D) Any other voluntary relinquishment of
4 usage rights that the Commission considers to
5 be in the interest of the auction.
6 (3) WINNING BIDS.—
7 (A) DETERMINATION BY COMMISSION.—
8 The Commission shall examine the bids in a re9
verse auction under paragraph (1) and deter10
mine the amount of compensation that achieves
11 the proper balance between the spectrum usage
12 rights that will be freed and the amount that
13 the Commission must pay in order for the li14
censees to relinquish such rights.
15 (B) ACCEPTANCE.—The Commission may
16 accept a bid of a licensee that is less than or
17 equal to such amount of compensation, and the
18 relinquishment shall be binding on the licensee,
19 subject to subsection (c)(2)(B).
20 (4) CONFIDENTIALITY.—The Commission shall
21 take all steps necessary to protect the confidentiality
22 of a licensee participating in a reverse auction under
23 paragraph (1), including withholding the identity of
24 such licensee until the reassignments and realloca-
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[Discussion Draft]
1 tions under subsection (b)(1) become effective, as
2 described in subsection (f)(2).
3 (5) PROTECTION OF CARRIAGE RIGHTS OF LI4
CENSEES SHARING A CHANNEL.—A broadcast tele5
vision licensee the signal of which was required to be
6 carried pursuant to section 338, 614, or 615 of the
7 Communications Act of 1934 (47 U.S.C. 338; 534;
8 535) on November 30, 2010, and that voluntarily re9
linquishes spectrum usage rights under this sub10
section in order to share a television channel with
11 another licensee shall retain the same rights to car12
riage under such section that the licensee would
13 have had if not sharing a channel.
14 (b) REORGANIZATION OF BROADCAST TV SPEC15
TRUM.—
16 (1) IN GENERAL.—The Commission may evalu17
ate the broadcast television spectrum and may—
18 (A) make such reassignments of television
19 channels as the Commission considers appro20
priate; and
21 (B) reallocate for other use such portions
22 of the broadcast television spectrum as the
23 Commission determines are available for re24
allocation.
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[Discussion Draft]
1 (2) FACTORS FOR CONSIDERATION.—In making
2 reassignments and reallocations under paragraph
3 (1), the Commission shall make reasonable efforts to
4 preserve viewer access to the over-the-air signals of
5 broadcast television licensees and replicate the sta6
tion service areas and covered populations of such li7
censees, as in existence before the reassignments and
8 reallocations.
9 (3) NO INVOLUNTARY RELOCATION FROM UHF
10 TO VHF.—In making reassignments under para11
graph (1)(A), the Commission may not reassign a
12 broadcast television licensee from an ultra high fre13
quency television channel to a very high frequency
14 television channel unless the Commission accepts a
15 bid for such relinquishment from such licensee under
16 subsection (a)(3)(B).
17 (4) LOW-POWER BROADCAST TELEVISION STA18
TIONS.—
19 (A) IN GENERAL.—The Commission may
20 require a low-power broadcast television station
21 that is impacted by reorganization of the broad22
cast television spectrum under this subsection
23 to relocate from an ultra high frequency tele24
vision channel to a very high frequency tele25
vision channel, to the extent that any suitable
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[Discussion Draft]
1 very high frequency television channels remain
2 available after any reassignments or realloca3
tions under paragraph (1).
4 (B) FACTORS FOR CONSIDERATION.—In
5 deciding whether to require a low-power broad6
cast television station to relocate under sub7
paragraph (A), the Commission shall consider
8 market factors including—
9 (i) the number of over-the-air viewers
10 of such station; and
11 (ii) the presence of other broadcast
12 television stations in the community
13 served.
14 (5) PAYMENT OF RELOCATION COSTS.—
15 (A) IN GENERAL.—Except as provided in
16 subparagraph (B), from amounts made avail17
able under subsection (d)(2)(A), the Commis18
sion shall reimburse costs reasonably incurred
19 by—
20 (i) a broadcast television licensee that
21 was reassigned under paragraph (1)(A)
22 from one ultra high frequency television
23 channel to a different ultra high frequency
24 television channel or from one very high
25 frequency television channel to a different
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[Discussion Draft]
1 very high frequency television channel, in
2 order for the licensee to relocate its tele3
vision service from one channel to the
4 other; or
5 (ii) a multichannel video programming
6 distributor that is required by section 338,
7 614, or 615 of the Communications Act of
8 1934 (47 U.S.C. 338; 534; 535) to carry
9 the signal of a broadcast television licensee
10 described in clause (i) or a broadcast tele11
vision licensee that voluntarily relinquishes
12 spectrum usage rights under subsection (a)
13 to share a television channel with another
14 licensee, in order for the multichannel
15 video programming distributor to continue
16 complying with such section with respect to
17 the licensee after the reassignment or shar18
ing arrangement.
19 (B) REGULATORY RELIEF.—In lieu of re20
imbursement for relocation costs under sub21
paragraph (A), a broadcast television licensee
22 øor multichannel video programming dis23
tributor¿ may accept, and the Commission may
24 grant as it considers appropriate, a waiver or
25 modification of the application to such licensee
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[Discussion Draft]
1 øor distributor¿ of any provision of law admin2
istered by the Commission, or any regulation of
3 the Commission promulgated under any such
4 provision.
5 (C) LIMITATION.—The Commission may
6 not make reimbursements under subparagraph
7 (A) of revenues lost—
8 (i) by a broadcast television licensee
9 in connection with relocation; or
10 (ii) by a multichannel video program11
ming distributor in connection with contin12
ued compliance with carriage obligations.
13 (D) DEADLINE.—The Commission shall
14 make all reimbursements required by subpara15
graph (A) not later than the date that is 3
16 years after the completion of a forward auction
17 under subsection (c)(1).
18 (c) FORWARD AUCTION.—
19 (1) IN GENERAL.—The Commission may con20
duct a forward auction in which the Commission—
21 (A) assigns licenses for the use of or allo22
cates for unlicensed use the spectrum that the
23 Commission determines is available under sub24
section (b)(1)(B);
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[Discussion Draft]
1 (B) shares with each licensee whose bid the
2 Commission accepts under subsection (a)(3)(B)
3 an amount of the proceeds that is equal to the
4 amount of such bid; and
5 (C) notwithstanding section 309(j)(8) of
6 the Communications Act of 1934 (47 U.S.C.
7 309(j)(8)), deposits in the TV Broadcaster Re8
location Fund established under subsection
9 (d)(1) an amount of the proceeds from such
10 forward auction that is sufficient to cover the
11 costs for which the Commission is required to
12 make reimbursements under subsection
13 (b)(5)(A).
14 (2) RESERVE PRICES.—
15 (A) IN GENERAL.—In conducting a for16
ward auction under paragraph (1), the Commis17
sion shall set such reserve prices as are nec18
essary in order for the proceeds to be greater
19 than or equal to the sum of—
20 (i) the total amount of the bids the
21 Commission accepts under subsection
22 (a)(3)(B);
23 (ii) the costs of conducting such for24
ward auction that the salaries and ex25
penses account of the Commission is re-
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[Discussion Draft]
1 quired to retain under section 309(j)(8)(B)
2 of the Communications Act of 1934 (47
3 U.S.C. 309(j)(8)(B)); and
4 (iii) the estimated costs for which the
5 Commission is required to make reim6
bursements under subsection (b)(5)(A).
7 (B) INSUFFICIENT PROCEEDS.—If the
8 amount of the proceeds from a forward auction
9 under paragraph (1) is not greater than or
10 equal to the sum described in subparagraph
11 (A), no licenses shall be assigned or spectrum
12 allocated for unlicensed use through such for13
ward auction, any reassignments or realloca14
tions under subsection (b)(1) shall not become
15 effective, and the Commission may not revoke
16 any spectrum usage rights by reason of a bid
17 that the Commission accepts under subsection
18 (a)(3)(B).
19 (C) ADMINISTRATIVE COSTS.—The amount
20 of the proceeds from a forward auction under
21 paragraph (1) that the salaries and expenses
22 account of the Commission is required to retain
23 under section 309(j)(8)(B) of the Communica24
tions Act of 1934 (47 U.S.C. 309(j)(8)(B))
25 shall be sufficient to cover the costs incurred by
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[Discussion Draft]
1 the Commission in conducting a reverse auction
2 under subsection (a)(1) and making any re3
assignments or reallocations under subsection
4 (b)(1), in addition to the costs incurred by the
5 Commission in conducting such forward auc6
tion.
7 (3) FACTOR FOR CONSIDERATION.—In con8
ducting a forward auction under paragraph (1), the
9 Commission shall consider assigning licenses that
10 cover geographic areas of a variety of different sizes.
11 (d) TV BROADCASTER RELOCATION FUND.—
12 (1) ESTABLISHMENT.—There is established in
13 the Treasury of the United States a fund to be
14 known as the TV Broadcaster Relocation Fund.
15 (2) BORROWING AUTHORITY AND REIMBURSE16
MENT.—
17 (A) BORROWING AUTHORITY.—Beginning
on ø
llllllll
18 ¿ and ending on the
19 date that is 3 years after the completion of a
20 forward auction under subsection (c)(1), the
21 Commission may borrow from the Treasury of
22 the United States an amount not to exceed
ø$lllllll
23 ¿ to make the reimburse24
ments required by subsection (b)(5)(A).
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[Discussion Draft]
1 (B) REIMBURSEMENT.—The Commission
2 shall reimburse the Treasury, without interest,
3 for amounts borrowed under subparagraph (A)
4 as funds are deposited into the TV Broadcaster
5 Relocation Fund.
6 (3) TRANSFER OF UNUSED FUNDS.—If there is
7 a balance remaining in the TV Broadcaster Reloca8
tion Fund on the date that is 3 years after the com9
pletion of a forward auction under subsection (c)(1),
10 the Secretary of the Treasury shall transfer such
11 balance to the general fund of the Treasury of the
12 United States, where such balance shall be dedicated
13 for the sole purpose of deficit reduction.
14 (e) ONE REVERSE AUCTION AND ONE FORWARD
15 AUCTION.—The Commission may not conduct more than
16 one reverse auction under subsection (a)(1) or more than
17 one forward auction under subsection (c)(1).
18 (f) TIMING.—
19 (1) CONTEMPORANEOUS AUCTIONS AND REOR20
GANIZATION PERMITTED.—The Commission may
21 conduct a reverse auction under subsection (a)(1),
22 any reassignments or reallocations under subsection
23 (b)(1), and a forward auction under subsection
24 (c)(1) on a contemporaneous basis.
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[Discussion Draft]
1 (2) EFFECTIVENESS OF REASSIGNMENTS AND
2 REALLOCATIONS.— Notwithstanding paragraph (1),
3 any reassignments or reallocations under subsection
4 (b)(1) shall not become effective until the completion
5 of a reverse auction under subsection (a)(1) and a
6 forward auction under subsection (c)(1).
7 (3) DEADLINE.—The Commission may not con8
duct a reverse auction under subsection (a)(1) or a
9 forward auction under subsection (c)(1) after the
10 date that is 5 years after the date of the enactment
11 of this Act.
12 (4) LIMIT ON DISCRETION REGARDING AUCTION
13 TIMING.—Section 309(j)(15)(A) of the Communica14
tions Act of 1934 (47 U.S.C. 309(j)(15)(A)) shall
15 not apply in the case of an auction conducted under
16 this section.
17 (g) LIMITATION ON REORGANIZATION AUTHORITY.—
18 During the 5-year period beginning on the date of the en19
actment of this Act, the Commission may not curtail the
20 spectrum usage rights of a broadcast television licensee
21 or reassign such a licensee to another television channel
22 except—
23 (1) in accordance with this section; or
24 (2) in the case of a violation by such licensee
25 of the terms of its license or a specific provision of
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[Discussion Draft]
1 a statute administered by the Commission, or a reg2
ulation of the Commission promulgated under any
3 such provision.
4 (h) PROTEST RIGHT INAPPLICABLE.—The right of a
5 licensee to protest a proposed order of modification of its
6 license under section 316 of the Communications Act of
7 1934 (47 U.S.C. 316) shall not apply in the case of a
8 broadcast television licensee—
9 (1) during the period beginning on the date of
10 the enactment of this Act and ending on the earlier
11 of—
12 (A) the completion of a reverse auction
13 under subsection (a)(1), any reassignments or
14 reallocations under subsection (b)(1), and a for15
ward auction under subsection (c)(1); or
16 (B) the date that is 5 years after such date
17 of enactment; or
18 (2) after the expiration of the period described
19 in paragraph (1), to a modification made in connec20
tion with such a reverse auction, any such reassign21
ments or reallocations, or such a forward auction.
22 SEC. 104. USE OF AUCTIONS TO ALLOCATE SPECTRUM FOR
23 UNLICENSED USE.
24 (a) IN GENERAL.—Section 309(j) of the Communica25
tions Act of 1934 (47 U.S.C. 309(j)) is amended—
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[Discussion Draft]
1 (1) in paragraph (6)(A), by inserting ‘‘except as
2 provided in paragraph (17),’’ before ‘‘alter spectrum
3 allocation criteria’’;
4 (2) in paragraph (7)(A), by inserting ‘‘(except
5 as provided in paragraph (17))’’ before ‘‘, and in
6 prescribing’’; and
7 (3) by adding at the end the following new
8 paragraph:
9 ‘‘(17) ALLOCATION OF SPECTRUM FOR UNLI10
CENSED USE.—The Commission may only exercise
11 its authority under this Act to allocate a portion of
12 the spectrum for unlicensed use if—
13 ‘‘(A) the Commission conducts a system of
14 competitive bidding under this subsection in
15 which bids may be placed—
16 ‘‘(i) for the allocation of such portion
17 for unlicensed use; and
18 ‘‘(ii) for a license for the use of such
19 portion; and
20 ‘‘(B) the bids for unlicensed use, in the ag21
gregate, exceed the highest bid for such li22
cense.’’.
23 (b) COORDINATION OF UNLICENSED USE THROUGH
24 DATABASE.—
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[Discussion Draft]
1 (1) ESTABLISHMENT OF DATABASE.—The
2 Commission shall establish and maintain a database
3 to coordinate the unlicensed use of the portions of
4 the electromagnetic spectrum allocated for such use
5 through a system of competitive bidding under sec6
tion 309(j) of the Communications Act of 1934 (47
7 U.S.C. 309(j)) (as described in paragraph (17) of
8 such section) by devices designed to use such por9
tions on an unlicensed basis. The database shall be
10 established and functioning not later than
ø
lllll
11 ¿ after the date of the enactment of
12 this Act.
13 (2) DEVICE REQUIREMENTS.—
14 (A) IN GENERAL.—Section 303 of the
15 Communications Act of 1934 (47 U.S.C. 303)
16 is amended by adding at the end the following
17 new subsection:
18 ‘‘(cc) Require that a device designed to use a portion
19 of the electromagnetic spectrum allocated for unlicensed
20 use through a system of competitive bidding under section
21 309(j) (as described in paragraph (17) of such section)
22 coordinate its use of such portion with that of other such
23 devices through the database established under section
24 104(b)(1) of the Spectrum Innovation Act of 2011, if such
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[Discussion Draft]
1 device is shipped in interstate commerce or manufactured
2 in the United States, for sale or resale to the public.’’.
3 (B) EFFECTIVE DATE.—The amendment
4 made by subparagraph (A) shall apply with re5
spect to devices shipped or manufactured after
the date that is ø
lllll
6 ¿ after the date of
7 the enactment of this Act.
8 SEC. 105. ADMINISTRATION OF AUCTIONS BY COMMISSION.
9 Section 309(j) of the Communications Act of 1934,
10 as amended by section 104(a), is further amended by add11
ing at the end the following new paragraph:
12 ‘‘(18) CERTAIN BIDDING AND LICENSING CON13
DITIONS PROHIBITED.—In assigning licenses or allo14
cating spectrum for unlicensed use through a system
15 of competitive bidding under this subsection, the
16 Commission may not—
17 ‘‘(A) impose any condition on the licenses
18 assigned through such system that—
19 ‘‘(i) limits the ability of a licensee to
20 manage the use of its network, including
21 management of the use of applications,
22 services, or devices on its network, or to
23 prioritize the traffic on its network as it
24 chooses; or
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[Discussion Draft]
1 ‘‘(ii) requires a licensee to sell access
2 to its network on a wholesale basis;
3 ‘‘(B) limit participation in such system on
4 the basis of the total amount of spectrum li5
censes held by a person seeking such participa6
tion; or
7 ‘‘(C) impose any other condition on eligi8
bility for participation in such system or for the
9 holding of a license granted through such sys10
tem that is not related to øthe qualifications of
11 an applicant under subsection (a) or section
12 308(b) or 310¿.’’.
13 SEC. 106. EXTENSION OF AUCTION AUTHORITY.
14 Section 309(j)(11) of the Communications Act of
15 1934 (47 U.S.C. 309(j)(11)) is amended by striking
16 ‘‘2012’’ and inserting ‘‘2021’’.
17 SEC. 107. DEFICIT REDUCTION AND FUNDING
18 PRIORITIZATION.
19 (a) IN GENERAL.—Notwithstanding section
20 309(j)(8)(A) of the Communications Act of 1934 (47
21 U.S.C. 309(j)(8)(A)), from so much of the proceeds from
22 auctions specified in subsection (b) as exceed the deposits
23 and payments specified in subsection (c), the Commission
shall deposit ø$llllllll
24 ¿ in the Public Safety
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[Discussion Draft]
1 Broadband Communications Implementation Fund estab2
lished by section 204(g)(1).
3 (b) SPECIFIED AUCTIONS.—The auctions specified in
4 this subsection are auctions under section 309(j) of the
5 Communications Act of 1934 (47 U.S.C. 309(j)) that
6 are—
7 (1) required by section 101(a); or
8 (2) conducted under paragraph (8)(F) of such
9 section 309(j).
10 (c) SPECIFIED DEPOSITS AND PAYMENTS.—The de11
posits and payments specified in this subsection are—
12 (1) with respect to each auction specified in
13 subsection (b), the deposits and payments required
14 by paragraph (8) of such section 309(j), except sub15
paragraph (A) of such paragraph, and section
16 103(c); and
17 (2) deposits in the Treasury of the United
18 States under such subparagraph totaling
ø$llllllll
19 ¿.
20 TITLE II—PUBLIC SAFETY
21 COMMUNICATIONS
22 SEC. 201. REASSIGNMENT OF PUBLIC SAFETY SPECTRUM
23 TO STATES.
24 (a) PUBLIC SAFETY BROADBAND SPECTRUM.—
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[Discussion Draft]
1 (1) IN GENERAL.—Subject to paragraph (2),
not later than ø
llllll
2 ¿, the Commission
3 shall assign to each State a license for the exclusive
4 use within such State of the portion of the electro5
magnetic spectrum between the frequencies from
6 763 megahertz to 768 megahertz and from 793
7 megahertz to 798 megahertz.
8 (2) EXISTING PUBLIC SAFETY BROADBAND
9 NETWORKS.—
10 (A) SPECIAL TEMPORARY AUTHORITY FOR
11 CONTINUED OPERATIONS.—The Commission
12 may permit a public safety broadband network
13 operating in the portion of the electromagnetic
14 spectrum described in paragraph (1) øon the
15 day before the deadline described in such para16
graph¿ to continue operating in such portion of
17 the spectrum under special temporary author18
ity.
19 (B) CHANGES IN OPERATIONS.—Any
20 changes in the operations of a public safety
21 broadband network operating under special
22 temporary authority under subparagraph (A)
23 shall be approved by the Administrator and in
24 compliance with the Plan.
25 (b) PUBLIC SAFETY NARROWBAND SPECTRUM.—
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[Discussion Draft]
1 (1) NO FURTHER NARROWBAND DEVELOP2
MENT.—The Commission may not permit the public
3 safety spectrum to be used by a narrowband land
4 mobile radio system unless such system was pur5
chased before September 1, 2011.
6 (2) REALLOCATION FOR BROADBAND USE.—
7 The Commission, in consultation with the Adminis8
trator, shall develop a plan for reallocating for
9 broadband public safety communications the portion
10 of the electromagnetic spectrum between the fre11
quencies from 768 megahertz to 775 megahertz and
12 from 798 megahertz to 805 megahertz.
13 (3) ISSUANCE OF LICENSES.—Not later than
14 10 years after the date of the enactment of this Act,
15 the Commission shall reissue the licenses described
16 in subsection (a)(1) to include the spectrum de17
scribed in paragraph (2).
18 (c) LICENSE TERMS AND CONDITIONS.—
19 (1) IN GENERAL.—A license for the use of the
20 public safety spectrum issued to a State under this
21 section shall include the following terms and condi22
tions:
23 (A) The State shall, subject to the ap24
proval of the Administrator and in accordance
25 with the Plan, contract for the construction and
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[Discussion Draft]
1 operation of a broadband network for public
2 safety communications using such spectrum.
3 (B) The State may not partition or
4 disaggregate the license or otherwise transfer
5 control of the license, or any part thereof, to
6 any other entity, including a political subdivi7
sion of the State.
8 (2) SERVICE AND TECHNICAL RULES.—The
9 Commission shall by regulation establish service and
10 technical rules consistent with this title for the li11
censes issued under this section.
12 (d) USE BY INDIAN TRIBES.—Notwithstanding sub13
section (a)(1), the Commission may assign a license for
14 the use of the public safety spectrum to øan Indian tribe¿/
15 øa tribal organization¿ (as defined in section 4 of the In16
dian Self-Determination and Education Assistance Act
17 (25 U.S.C. 450b)) for public safety communications in ac18
cordance with such terms and conditions as the Commis19
sion considers appropriate. For purposes of the preceding
20 sentence, øan Indian tribe¿/øa tribal organization¿ shall
21 be considered a State or local government entity for pur22
poses of section 337(f)(1)(B) of the Communications Act
23 of 1934 (47 U.S.C. 337(f)(1)(B)).
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[Discussion Draft]
1 (e) CONFORMING AMENDMENTS.—Section 337(d)(3)
2 of the Communications Act of 1934 (47 U.S.C. 337(d)(3))
3 is amended—
4 (1) in the matter preceding subparagraph (A),
5 by striking ‘‘public safety services licensees and com6
mercial licensees’’;
7 (2) in subparagraph (A), by inserting ‘‘public
8 safety services licensees and commercial licensees’’
9 before ‘‘to aggregate’’; and
10 (3) in subparagraph (B), by inserting ‘‘commer11
cial licensees’’ before ‘‘to disaggregate’’.
12 SEC. 202. NATIONAL PUBLIC SAFETY COMMUNICATIONS
13 PLAN.
14 (a) ESTABLISHMENT OF PUBLIC SAFETY COMMU15
NICATIONS PLANNING BOARD.—
16 (1) IN GENERAL.—Not later than 180 days
17 after the date of the enactment of this Act, the
18 Commission shall establish a board to be known as
19 the Public Safety Communications Planning Board.
20 (2) MEMBERSHIP.—The membership of the
21 Board shall be as follows:
22 (A) FEDERAL MEMBERS.—
23 (i) IN GENERAL.—Four Federal mem24
bers as follows:
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[Discussion Draft]
1 (I) The Chairman of the Com2
mission, or a designee, who shall be
3 the Chair of the Board.
4 (II) The Assistant Secretary of
5 Commerce for Communications and
6 Information, or a designee.
7 (III) The Director of the Office
8 of Emergency Communications in the
9 Department of Homeland Security, or
10 a designee.
11 (IV) The Director of the Na12
tional Institute of Standards and
13 Technology, or a designee.
14 (ii) DESIGNEES.—If a Federal official
15 designates a designee under clause (i),
16 such designee shall be an officer or em17
ployee of the agency of the official, except
18 that the Chairman of the Commission may
19 designate another Commissioner of the
20 Commission or an officer or employee of
21 the Commission.
22 (B) NON-FEDERAL MEMBERS.—Nine non-
23 Federal members as follows:
24 (i) Two members who represent pro25
viders of commercial mobile broadband
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[Discussion Draft]
1 service, with one representing providers
2 that have nationwide coverage areas and
3 one representing providers that have re4
gional coverage areas.
5 (ii) Two members who represent man6
ufacturers of mobile wireless network
7 equipment.
8 (iii) Five members who represent the
9 interests of State and local governments,
10 chosen to reflect geographic and population
11 density differences across the United
12 States, as follows:
13 (I) Two members who represent
14 the public safety interests of the
15 States.
16 (II) One member who represents
17 State and local public safety employ18
ees.
19 (III) Two members who rep20
resent other interests of State and
21 local governments, to be determined
22 by the Chairman of the Commission.
23 (3) SELECTION OF NON-FEDERAL MEMBERS.—
24 (A) NOMINATION.—For each non-Federal
25 member of the Board, the group that is rep-
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[Discussion Draft]
1 resented by such member shall, by consensus,
2 nominate an individual to serve as such member
3 and submit the name of the nominee to the
4 Chairman of the Commission.
5 (B) APPOINTMENT.—The Chairman of the
6 Commission shall appoint the non-Federal
7 members of the Board from the nominations
8 submitted under subparagraph (A). If a group
9 fails to reach consensus on a nominee or to sub10
mit a nomination for a member that represents
11 such groupø, or if the nominee is not qualified
12 under subparagraph (C)¿, the Chairman shall
13 select a member to represent such group.
14 (C) QUALIFICATIONS.—Each non-Federal
15 member appointed under subparagraph (B)
16 shall meet at least 1 of the following criteria:
17 (i) PUBLIC SAFETY EXPERIENCE.—
18 Knowledge of and experience in Federal,
19 State, local, or tribal public safety or emer20
gency response.
21 (ii) TECHNICAL EXPERTISE.—Tech22
nical expertise and fluency regarding
23 broadband communications, including pub24
lic safety communications.
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[Discussion Draft]
1 (iii) NETWORK EXPERTISE.—Exper2
tise in building, deploying, and operating
3 commercial telecommunications networks.
4 (iv) FINANCIAL EXPERTISE.—Exper5
tise in financing and funding telecommuni6
cations networks.
7 (4) ANNUAL MEETINGS.—In addition to any
8 other meetings necessary to carry out the duties of
9 the Board under this section, the Board shall meet
10 annually to consider the most recent report sub11
mitted by the Administrator under section 203(f)(1).
12 (5) RESOURCES.—The Commission shall pro13
vide the Board with the staff, administrative sup14
port, and facilities necessary to carry out the duties
15 of the Board under this section.
16 (6) NO COMPENSATION OF BOARD MEMBERS.—
17 The members of the Board may not receive any
18 compensation for service on the Board.
19 (7) FEDERAL ADVISORY COMMITTEE ACT INAP20
PLICABLE.—The Federal Advisory Committee Act (5
21 U.S.C. App.) shall not apply to the Board.
22 (b) DEVELOPMENT OF PLAN BY BOARD.—
23 (1) IN GENERAL.—Not later than 18 months
24 after the date on which the Board is established
25 under subsection (a)(1), the Board shall submit to
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[Discussion Draft]
1 the Commission a detailed proposal for a National
2 Public Safety Communications Plan to govern the
3 use of the public safety spectrum by States in order
4 to meet long-term public safety communications
5 needs.
6 (2) LIMITATION ON RECOMMENDATIONS.—The
7 Board may not make any recommendations for re8
quirements generally applicable to providers of com9
mercial mobile service or private mobile service (as
10 such terms are defined in section 332 of the Com11
munications Act of 1934 (47 U.S.C. 332)).
12 (c) ADOPTION OF PLAN BY COMMISSION.—Not later
than ø
llllll
13 ¿ after the date of the submission of
14 the proposal by the Board under subsection (b)(1), the
15 Commission shall complete a single proceeding to adopt
16 a plan based on such proposal, with such modifications
17 as the Commission considers appropriate, to be known as
18 the National Public Safety Communications Plan.
19 (d) PUBLIC SAFETY COMMUNICATIONS PRIN20
CIPLES.—The proposal submitted by the Board under
21 subsection (b)(1) and the Plan adopted by the Commission
22 under subsection (c) shall be based on the following prin23
ciples:
24 (1) Not later than 10 years after the date of
25 the enactment of this Act, the public safety spec-
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[Discussion Draft]
1 trum shall be used exclusively for broadband com2
munications.
3 (2) Each State public safety broadband commu4
nications network shall conform to—
5 (A) standards used by providers of com6
mercial mobile broadband service, in order to le7
verage the innovation and economies of scale in
8 commercial markets;
9 (B) standards that ensure the safety, secu10
rity, and resiliency of the network, including
11 standards for protecting and monitoring the
12 network to protect against cyberattack; and
13 (C) national interoperability requirements,
14 including requirements that the equipment used
15 to provide and access service on the network
16 be—
17 (i) built to open standards;
18 (ii) capable of being used on every
19 other such network; and
20 (iii) backward-compatible with second
21 and third generation commercial networks
22 for a period of not less than 5 years after
23 the date of the adoption of the Plan by the
24 Commission under subsection (c).
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[Discussion Draft]
1 (3) Each State public safety broadband commu2
nications network shall be integrated with public
3 safety answering points or the equivalent of public
4 safety answering points.
5 (4) Each State shall include in requests for pro6
posals for the construction and operation of the
7 State public safety broadband communications net8
work of such State—
9 (A) specifications for the construction and
10 deployment of such network, including—
11 (i) build timetables, which shall take
12 into consideration the time needed to build
13 out to rural areas;
14 (ii) required coverage areas, including
15 rural and nonurban areas;
16 (iii) minimum service levels; and
17 (iv) specific performance criteria;
18 (B) the technical and operational require19
ments for such network;
20 (C) the practices, procedures, and stand21
ards for the management and operation of such
22 network;
23 (D) the terms of service for the use of such
24 network; and
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[Discussion Draft]
1 (E) specifications for ongoing compliance
2 review and monitoring of—
3 (i) the management and operation of
4 such network;
5 (ii) the practices and procedures of
6 the entities operating on such network; and
7 (iii) the necessary training needs of
8 network users.
9 (5) The infrastructure of a State public safety
10 broadband communications network shall, where
11 practicable and efficient, be co-located with the in12
frastructure of commercial mobile broadband service
13 networks and other public safety communications
14 networks.
15 (6) The equipment used to provide and access
16 service on a State public safety broadband commu17
nications network may not be obtained through sole18
source contracts.
19 (7) A State public safety broadband commu20
nications network shall be well-maintained and up21
graded to take into account new and evolving tech22
nologies.
23 (8) In establishing and operating a State public
24 safety broadband communications network, a State
25 shall use, to the maximum extent practicable, public-
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[Discussion Draft]
1 private partnerships between the State and providers
2 of commercial mobile broadband service.
3 SEC. 203. PLAN ADMINISTRATION.
4 (a) SELECTION OF ADMINISTRATOR.—
5 (1) IN GENERAL.—The Commission shall,
6 through an open, transparent request-for-proposals
7 process, select an entity to serve as the Adminis8
trator of the Plan. The Commission shall commence
such process not later than ø
llll
9 ¿ after the
10 date of the adoption of the Plan under section
11 202(c).
12 ø(2) REPLACEMENT.—If an entity ceases to
13 serve as Administrator under a contract awarded
14 under paragraph (1) or this paragraph, the Commis15
sion shall, through an open, transparent request-for16
proposals process, award another contract for service
17 as Administrator.¿
18 (b) POWERS AND DUTIES OF ADMINISTRATOR.—The
19 Administrator shall—
20 (1) oversee the implementation of the Plan and
21 the construction and operation of the State public
22 safety broadband communications networks under
23 contracts entered into by the States in accordance
24 with the Plan, and in the case of a State receiving
25 a grant under section 204, in accordance with the
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[Discussion Draft]
1 State plan approved under subsection (b)(2) of such
2 section;
3 (2) set standards for requests for proposals to
4 be used by States in procuring services and equip5
ment for the construction and operation of the State
6 public safety broadband communications networks,
7 including measures to ensure that costs incurred by
8 the States are reasonable;
9 (3) review and approve or disapprove each con10
tract entered into by a State for the construction or
11 operation of a State public safety broadband com12
munications network;
13 (4) review and approve or disapprove the State
14 plans submitted under section 204(b)(1);
15 (5) take such actions as are necessary to link
16 the State public safety broadband communications
17 networks together into a national network of net18
works; and
19 (6) conduct such audits as are necessary to en20
sure—
21 (A) with respect to contracts described in
22 paragraph (3), the integrity of the contracting
23 process and the adequate performance of such
24 contracts; and
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[Discussion Draft]
1 ø(B) that the State public safety
2 broadband communications networks are con3
structed and operated in accordance with the
4 Plan, and in the case of a State receiving a
5 grant under section 204, in accordance with the
6 State plan approved under subsection (b)(2) of
7 such section¿
8 (c) APPEAL TO COMMISSION.—
9 (1) IN GENERAL.—A decision of the Adminis10
trator may be appealed to the Commission in accord11
ance with regulations to be established by the Com12
mission.
13 (2) NO DELEGATION.—The Commission may
14 not delegate the review of or the decision on an ap15
peal under this subsection.
16 (d) ROLE OF THE STATES.—
17 (1) IN GENERAL.—Each State shall be respon18
sible for contracting for the construction and oper19
ation, in accordance with the Plan and with the re20
quirements included in the license of the State to
21 use the public safety spectrum, of a State public
22 safety broadband communications network.
23 (2) ACTIVITIES SUBJECT TO APPROVAL OF AD24
MINISTRATOR.—The activities of a State in con25
tracting for the construction and operation of a
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[Discussion Draft]
1 State public safety broadband communications net2
work shall be subject to the approval of the Adminis3
trator.
4 (e) AUDITS OF USE OF FEDERAL FUNDS BY ADMIN5
ISTRATOR.—Not later than 1 year after entering into a
6 contract to serve as Administrator, and annually there7
after, the Administrator shall provide to the Commission
8 a statement, audited by an independent auditor, that de9
tails the use during the preceding fiscal year of øany Fed10
eral funds received by the Administrator in connection
11 with its service as Administrator¿.
12 (f) ANNUAL REPORT BY ADMINISTRATOR.—
13 (1) IN GENERAL.—Not later than 1 year after
14 entering into a contract to serve as Administrator,
15 and annually thereafter, the Administrator shall sub16
mit a report covering the preceding fiscal year to—
17 (A) the Committee on Energy and Com18
merce of the House of Representatives and the
19 Committee on Commerce, Science, and Trans20
portation of the Senate; and
21 (B) the Board.
22 (2) REQUIRED CONTENT.—The report required
23 by paragraph (1) shall include—
24 (A) a comprehensive and detailed descrip25
tion of—
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[Discussion Draft]
1 (i) progress on the construction of the
2 State public safety broadband communica3
tions networks;
4 (ii) the activities of the Administrator
5 in its capacity as Administrator; and
6 (iii) the financial condition of the Ad7
ministrator; and
8 (B) such recommendations or proposals for
9 legislative or administrative action as the Ad10
ministrator considers appropriate.
11 SEC. 204. GRANTS TO STATES.
12 (a) ESTABLISHMENT.—Subject to the availability of
13 appropriations, the Commission shall make grants to
14 States for contracting for the construction and operation
15 of State public safety broadband communications net16
works.
17 (b) APPLICATION.—The Commission may only make
18 a grant under this section to a State—
19 (1) that submits an application at such time, in
20 such form, and containing such information and as21
surances as the Commission may require, including
22 a State plan developed in accordance with subsection
23 (c); and
24 (2) the State plan of which is approved by the
25 Administrator.
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1 (c) STATE PLAN.—A State wishing to receive a grant
2 under this section shall develop a State plan for the devel3
opment of a State public safety broadband communica4
tions network in accordance with the National Public
5 Safety Communications Plan and the terms of the license
6 of the State to use the public safety spectrum.
7 (d) USE OF FUNDS.—
8 (1) IN GENERAL.—A State receiving a grant
9 under this section shall use the grant funds to con10
tract for the construction and operation of a State
11 public safety broadband communications network in
12 accordance with the State plan approved by the Ad13
ministrator under subsection (b)(2).
14 (2) APPROVAL OF CONTRACTS.—A State may
15 not use grant funds received under this section for
16 payments under a contract unless such contract has
17 been approved by the Administrator.
18 (e) ADMINISTRATION BY NTIA.—The Commission
19 and the NTIA ømay¿ enter into an agreement for the
20 NTIA to administer this sectionø, without reimburse21
ment¿ øand subject to the approval of the Commission¿.
22 (f) AUTHORIZATION OF APPROPRIATIONS.—There is
23 authorized to be appropriated to the Commission to carry
out this section øfor fiscal years llllll
24 ¿/ø, to remain
available until expended,¿ ø$lllllll
25 ¿ from
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[Discussion Draft]
1 the Public Safety Broadband Communications Implemen2
tation Fund established by subsection (g)(1).
3 (g) PUBLIC SAFETY BROADBAND COMMUNICATIONS
4 IMPLEMENTATION FUND.—
5 (1) ESTABLISHMENT.—There is established in
6 the Treasury of the United States a fund to be
7 known as the Public Safety Broadband Communica8
tions Implementation Fund.
9 (2) TRANSFER OF UNUSED FUNDS.—If there is
10 a balance remaining in the Public Safety Broadband
11 Communications Implementation Fund on
ø
lllllll
12 ¿, the Secretary of the Treasury
13 shall transfer such balance to the general fund of
14 the Treasury of the United States, where such bal15
ance shall be dedicated for the sole purpose of deficit
16 reduction.
17 SEC. 205. WIRELESS FACILITIES DEPLOYMENT.
18 (a) FACILITY MODIFICATIONS.—
19 (1) IN GENERAL.—Notwithstanding section 704
20 of the Telecommunications Act of 1996 (Public Law
21 104–104) or any other provision of law, a State or
22 local government may not deny, and shall approve,
23 any eligible facilities request for a modification of an
24 existing wireless tower that does not substantially
25 change the physical dimensions of such tower.
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[Discussion Draft]
1 (2) ELIGIBLE FACILITIES REQUEST.—For pur2
poses this subsection, the term ‘‘eligible facilities re3
quest’’ means any request for modification of an ex4
isting wireless tower that involves—
5 (A) collocation of new transmission equip6
ment;
7 (B) removal of transmission equipment;
8 øand¿/øor¿
9 (C) replacement of transmission equip10
ment.
11 (b) FEDERAL EASEMENTS AND RIGHTS-OF-WAY.—
12 (1) GRANT.—If an executive agency, a State, a
13 political subdivision or agency of a State, or a per14
son, firm, or organization applies for the grant of an
15 easement or right-of-way to, in, over, or on a build16
ing øor other property¿ owned by the Federal Gov17
ernment for the right to install, construct, and main18
tain wireless service antenna structures and equip19
ment, and backhaul transmission øequipment¿, the
20 executive agency øhaving control of¿/øoccupying¿
21 the building øor other property¿ may grant to the
22 applicant, on behalf of the Federal Government, an
23 easement or right-of-way to perform such installa24
tion, construction, and maintenance.
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[Discussion Draft]
1 (2) APPLICATION.—The Administrator of Gen2
eral Services shall develop a common form for appli3
cations for øeasements and¿ rights-of-way under
4 paragraph (1) for all executive agencies that shall be
5 used by applicants with respect to the buildings or
6 other property of each such agency.
7 (3) FEE.—
8 (A) IN GENERAL.—Notwithstanding any
9 other provision of law, the Administrator of
10 General Services shall establish a fee for the
11 grant of an easement or right-of-way pursuant
12 to paragraph (1) that is based on direct cost re13
covery.
14 (B) EXCEPTIONS.—The Administrator of
15 General Services may establish exceptions to
16 the fee amount required under subparagraph
17 (A)—
18 (i) in consideration of the public ben19
efit provided by a grant of an easement or
20 right-of-way; and
21 (ii) in the interest of expanding wire22
less and broadband coverage.
23 (4) USE OF FEES COLLECTED.—Any fee
24 amounts collected by an executive agency pursuant
25 to paragraph (3) shall be made available, without
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[Discussion Draft]
1 further appropriation, to such agency for the tele2
communications and information technology needs of
3 such agency. Any excess funds shall be deposited in
4 the Federal Buildings Fund established under sec5
tion 592 of title 40, United States Code.
6 (c) MASTER CONTRACTS FOR WIRELESS TOWER
7 SITINGS.—
8 (1) IN GENERAL.—Notwithstanding section 704
9 of the Telecommunications Act of 1996 or any other
10 provision of law, and not later than 60 days after
11 the date of enactment of this Act, the Administrator
12 of General Services shall—
13 (A) develop 1 or more master contracts
14 that shall govern the placement of wireless serv15
ice antenna structures on buildings and other
16 property owned by the Federal Government;
17 and
18 (B) in developing the master contract or
19 contracts, standardize the treatment of the
20 placement of wireless service antenna structures
21 on building rooftops or facades, the placement
22 of øwireless service antenna¿ equipment on
23 rooftops or inside buildings, øthe¿ technology
24 øused in connection with wireless service an25
tenna structures or equipment placed on Fed-
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[Discussion Draft]
1 eral buildings and other property¿, and any
2 other key issues the Administrator considers
3 appropriate.
4 (2) APPLICABILITY.—The master contract or
5 contracts developed by the Administrator of General
6 Services under paragraph (1) shall apply to all pub7
licly accessible buildings and other property owned
8 by the Federal Government, unless the Adminis9
trator decides that issues with respect to the siting
10 of a wireless service antenna structure on a specific
11 building or other property warrant nonstandard
12 treatment of such building or other property.
13 (3) APPLICATION.—The Administrator of Gen14
eral Services shall develop a common form or set of
15 forms for wireless service antenna structure siting
16 applications under this subsection for all executive
17 agencies that shall be used by applicants with re18
spect to the buildings øand other property¿ of each
19 such agency.
20 (d) EXECUTIVE AGENCY DEFINED.—In this section,
21 the term ‘‘executive agency’’ has the meaning given such
22 term in section 102 of title 40, United States Code.
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[Discussion Draft]
1 SEC. 206. STUDY ON EMERGENCY COMMUNICATIONS BY
2 AMATEUR RADIO AND IMPEDIMENTS TO AMA3
TEUR RADIO COMMUNICATIONS.
4 (a) IN GENERAL.—Not later than 180 days after the
5 date of the enactment of this Act, the Commission, in con6
sultation with the Office of Emergency Communications
7 in the Department of Homeland Security, shall—
8 (1) complete a study on the uses and capabili9
ties of amateur radio service communications in
10 emergencies and disaster relief; and
11 (2) submit to Congress a report on the findings
12 of such study.
13 (b) CONTENTS.—The study required by subsection
14 (a) shall include—
15 (1)(A) a review of the importance of emergency
16 amateur radio service communications to homeland
17 security missions relating to disasters, severe weath18
er, and other threats to lives and property in the
19 United States; and
20 (B) recommendations for—
21 (i) enhancements in the voluntary deploy22
ment of amateur radio operators in disaster and
23 emergency communications and disaster relief
24 efforts; and
25 (ii) improved integration of amateur radio
26 operators in the planning and furtherance of
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[Discussion Draft]
1 initiatives of the Department of Homeland Se2
curity; and
3 (2)(A) an identification of impediments to en4
hanced amateur radio service communications, such
5 as the effects of unreasonable or unnecessary private
6 land use restrictions on residential antenna installa7
tions; and
8 (B) recommendations regarding the removal of
9 such impediments for consideration by other Federal
10 departments and agencies and by Congress.
11 (c) EXPERTISE.—In conducting the study required
12 by subsection (a), the Commission shall use the expertise
13 of stakeholder entities and organizations, including the
14 amateur radio, emergency response, and disaster commu15
nications communities.
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