Fee Integrity and Responsibilities and To Regain Essential Spectrum for Public-safety Operators Needed to Deploy Equipment Reliably Act of 2020 or the FIRST RESPONDER Act of 2020
This bill repeals a provision requiring the reallocation of spectrum currently used by public safety entities and otherwise addresses 9–1–1 fees and charges collected for the purpose of supporting 9–1–1 services.
Specifically, the bill repeals the requirement for the Federal Communications Commission (FCC) to reallocate and auction the 470-512 MHz band (referred to as the T-Band spectrum). The T-Band spectrum is a frequency range currently utilized by public safety entities in certain urban areas.
The bill also requires the FCC to issue rules designating acceptable purposes and functions for the obligation or expenditure of 9–1–1 fees or charges. Such purposes and functions shall be limited to the support and implementation of 9–1–1 services and the operational expenses of public safety answering points (i.e., the points where emergency calls are routed).
In addition, the bill establishes the Ending 9–1–1 Fee Diversion Now Strike Force, to which the FCC must submit any evidence it obtains that a state or taxing jurisdiction is diverting 9–1–1 fees or charges. The strike force must (1) study how the federal government can end such diversion through a determination of the effectiveness of laws and other constraints, and (2) consider whether criminal penalties should be implemented to prevent further diversion.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5928 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 5928
To repeal the requirement to reallocate and auction the T-Band
spectrum, to amend the Wireless Communications and Public Safety Act of
1999 to clarify acceptable 9-1-1 obligations or expenditures, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 18, 2020
Mr. Walden introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To repeal the requirement to reallocate and auction the T-Band
spectrum, to amend the Wireless Communications and Public Safety Act of
1999 to clarify acceptable 9-1-1 obligations or expenditures, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fee Integrity and Responsibilities
and To Regain Essential Spectrum for Public-safety Operators Needed to
Deploy Equipment Reliably Act of 2020'' or the ``FIRST RESPONDER Act of
2020''.
SEC. 2. REPEAL OF REQUIREMENT TO REALLOCATE AND AUCTION T-BAND
SPECTRUM.
(a) Repeal.--Section 6103 of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1413) is repealed.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by striking the item relating to section 6103.
SEC. 3. CLARIFYING ACCEPTABLE 9-1-1 OBLIGATIONS OR EXPENDITURES.
Section 6 of the Wireless Communications and Public Safety Act of
1999 (47 U.S.C. 615a-1) is amended--
(1) in subsection (f)--
(A) in paragraph (1), by striking ``as specified in
the provision of State or local law adopting the fee or
charge'' and inserting ``consistent with the purposes
and functions designated in the final rules issued
under paragraph (3) as purposes and functions for which
the obligation or expenditure of such a fee or charge
is acceptable'';
(B) in paragraph (2), by striking ``any purpose
other than the purpose for which any such fees or
charges are specified'' and inserting ``any purpose or
function other than the purposes and functions
designated in the final rules issued under paragraph
(3) as purposes and functions for which the obligation
or expenditure of any such fees or charges is
acceptable''; and
(C) by adding at the end the following:
``(3) Acceptable obligations or expenditures.--
``(A) Rules required.--In order to prevent
diversion of 9-1-1 fees or charges, the Commission
shall, not later than 180 days after the date of the
enactment of this paragraph, issue final rules
designating purposes and functions for which the
obligation or expenditure of 9-1-1 fees or charges, by
any State or taxing jurisdiction authorized to impose
such a fee or charge, is acceptable.
``(B) Purposes and functions.--The purposes and
functions designated under subparagraph (A) shall be
limited to the support and implementation of 9-1-1
services provided by or in the State or taxing
jurisdiction imposing the fee or charge and operational
expenses of public safety answering points within such
State or taxing jurisdiction.
``(C) Consultation required.--The Commission shall
consult with public safety organizations and States and
taxing jurisdictions as part of any proceeding under
this paragraph.
``(D) Definitions.--In this paragraph:
``(i) 9-1-1 fee or charge.--The term `9-1-1
fee or charge' means a fee or charge applicable
to commercial mobile services or IP-enabled
voice services specifically designated by a
State or taxing jurisdiction for the support or
implementation of 9-1-1 services.
``(ii) 9-1-1 services.--The term `9-1-1
services' has the meaning given such term in
section 158(e) of the National
Telecommunications and Information
Administration Organization Act (47 U.S.C.
942(e)).
``(iii) State or taxing jurisdiction.--The
term `State or taxing jurisdiction' means a
State, political subdivision thereof, Indian
Tribe, or village or regional corporation
serving a region established pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.).
``(4) Participation.--A State or taxing jurisdiction (as
defined in paragraph (3)(D)) shall provide the information
requested by the Commission to prepare the report required by
paragraph (2).''; and
(2) by adding at the end the following:
``(j) Severability Clause.--If any provision of this section or the
application thereof to any person or circumstance is held invalid, the
remainder of this section and the application of such provision to
other persons or circumstances shall not be affected thereby.''.
SEC. 4. PROHIBITION ON 9-1-1 FEE OR CHARGE DIVERSION.
(a) In General.--If the Commission obtains evidence that suggests
the diversion by a State or taxing jurisdiction of 9-1-1 fees or
charges, the Commission shall submit such information to the
interagency strike force established under subsection (c).
(b) Report to Congress.--Beginning with the first report under
section 6(f)(2) of the Wireless Communications and Public Safety Act of
1999 (47 U.S.C. 615a-1(f)(2)) that is required to be submitted after
the date that is 1 year after the date of the enactment of this Act,
the Commission shall include in each report required under such section
all evidence that suggests the diversion by a State or taxing
jurisdiction of 9-1-1 fees or charges.
(c) Interagency Strike Force To End 9-1-1 Fee or Charge
Diversion.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Commission shall establish an
interagency strike force to study how the Federal Government
can most expeditiously end diversion by a State or taxing
jurisdiction of 9-1-1 fees or charges. Such interagency strike
force shall be known as the ``Ending 9-1-1 Fee Diversion Now
Strike Force'' (in this section referred to as the ``Strike
Force'').
(2) Duties.--In carrying out the study under paragraph (1),
the Strike Force shall--
(A) determine the effectiveness of any Federal
laws, including regulations, policies, and practices,
or budgetary or jurisdictional constraints regarding
how the Federal Government can most expeditiously end
diversion by a State or taxing jurisdiction of 9-1-1
fees or charges; and
(B) consider whether criminal penalties would
further prevent diversion by a State or taxing
jurisdiction of 9-1-1 fees or charges.
(3) Members.--The Strike Force shall be composed of such
representatives of Federal departments and agencies as the
Commission considers appropriate, in addition to--
(A) State attorneys general;
(B) States or taxing jurisdictions found not to be
engaging in diversion of 9-1-1 fees or charges;
(C) States or taxing jurisdictions trying to stop
the diversion of 9-1-1 fees or charges;
(D) State 9-1-1 administrators;
(E) public safety organizations;
(F) groups representing the public and consumers;
and
(G) groups representing public safety answering
point professionals.
(4) Report to congress.--Not later than 270 days after the
date of the enactment of this Act, the Strike Force shall
publish on the website of the Commission and submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the findings of the
study under this subsection, including--
(A) any recommendations regarding how to most
expeditiously end the diversion by a State or taxing
jurisdiction of 9-1-1 fees or charges, including
actions that can be taken by Federal departments and
agencies and appropriate changes to law or regulations;
and
(B) a description of what progress, if any,
relevant Federal departments and agencies have made in
implementing the recommendations under subparagraph
(A).
(d) Failure To Comply.--Notwithstanding any other provision of law,
any State or taxing jurisdiction identified by the Commission in the
report required under section 6(f)(2) of the Wireless Communications
and Public Safety Act of 1999 (47 U.S.C. 615a-1(f)(2)) as engaging in
diversion of 9-1-1 fees or charges shall be ineligible to participate
or send a representative to serve on any committee, panel, or council
established under section 6205(a) of the Middle Class Tax Relief and
Job Creation Act of 2012 (47 U.S.C. 1425(a)) or any advisory committee
established by the Commission.
(e) Definitions.--In this section:
(1) 9-1-1 fee or charge.--The term ``9-1-1 fee or charge''
has the meaning given such term in subparagraph (D) of
paragraph (3) of section 6(f) of the Wireless Communications
and Public Safety Act of 1999, as added by this Act.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Diversion.--The term ``diversion'' means, with respect
to a 9-1-1 fee or charge, the obligation or expenditure of such
fee or charge for a purpose or function other than the purposes
and functions designated in the final rules issued under
paragraph (3) of section 6(f) of the Wireless Communications
and Public Safety Act of 1999, as added by this Act, as
purposes and functions for which the obligation or expenditure
of such a fee or charge is acceptable.
(4) State or taxing jurisdiction.--The term ``State or
taxing jurisdiction'' has the meaning given such term in
subparagraph (D) of paragraph (3) of section 6(f) of the
Wireless Communications and Public Safety Act of 1999, as added
by this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Communications and Technology.
Subcommittee Hearings Held.
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