Sec. 9. National broadband facilities asset database
1,162 words·~5 min read·
/bill/115/s/19/is/section-9A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term communications facility installation includes— 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 any antenna or apparatus that— is designed for the purpose of emitting radio frequency; is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal Communications Commission or is using duly authorized devices that do not require individual licenses; and is added to a tower, building, or other structure.
The term covered property — means any real property capable of supporting a communications facility installation; and includes any interest in real property described in subparagraph (A). The term database means the database established under subsection (b). The term Executive agency has the meaning given the term in section 105 of title 5, United States Code. Not later than June 30, 2018, the Director of the Office of Science and Technology Policy, in consultation with the Chairman of the Commission, Assistant Secretary of Commerce for Communications and Information, Under Secretary of Commerce for Standards and Technology, Administrator of General Services, and Director of OMB, shall— establish and operate a single database of any covered property that is owned, leased, or otherwise managed by an Executive agency; make the database available to— any entity that— constructs or operates communications facility installations; or provides communications service; and any other entity that the Director of the Office of Science and Technology Policy determines is appropriate; and establish a process for withholding data from the database for national security, public safety, or other national strategic concerns in accordance with existing statutory authority and Executive order mandates with respect to handling and protection of such information.
Not later than 30 days after the date of enactment of the MOBILE NOW Act , the Director of the Office of Science and Technology Policy shall seek public comment to inform the establishment and operation of the database. In seeking public comment under paragraph (1), the Director shall include a request for recommendations on— criteria that make real property capable of supporting communications facility installations; types of information related to covered property that should be included in the database; an interface by which accessibility to the database for all users will be appropriately efficient and secure; and other information the Director determines necessary to establish and operate the database.
Not later than 90 days after the date on which the database is established under subsection (b), the head of an Executive agency shall provide to the Director of the Office of Science and Technology Policy, in a manner and format to be determined by the Director, such information as the Director determines appropriate with respect to covered property owned, leased, or otherwise managed by the Executive agency. In the case of any change to information provided to the Director of the Office of Science and Technology Policy by the head of an Executive agency under paragraph (1), the head of the Executive agency shall provide updated information to the Director not later than 30 days after the date of the change.
If an Executive agency acquires covered property after the date on which the database is established under subsection (b), the head of the Executive agency shall provide to the Director of the Office of Science and Technology Policy the information required under paragraph
(1)with respect to the covered property not later than 30 days after the date of the acquisition. The Director of the Office of Science and Technology Policy (referred to in this subsection as the Director ) shall make the database available to State and local governments so that such governments may provide to the Director for inclusion in the database similar information to the information required under subsection (d)(1) regarding covered property owned, leased, or otherwise managed by such governments. Not later than 1 year after the date of enactment of this Act, the Director, in consultation with the Chairman of the Commission, the Assistant Secretary of Commerce for Communications and Information, the Under Secretary of Commerce for Standards and Technology, the Administrator of General Services, and the Director of OMB, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on potential ways to incentivize State and local governments to provide to the Director for inclusion in the database similar information to the information required under subsection (d)(1) regarding covered property owned, leased, or otherwise managed by such governments pursuant to paragraph
(1)of this subsection or through other means. The Director, in preparing the report under subparagraph (A), shall— consult with State and local governments, or their representatives, to identify for inclusion in the report the most cost-effective options for State and local governments to collect and provide the information described in subparagraph (A), including utilizing and leveraging State broadband initiatives and programs; and make recommendations on ways the Federal Government can assist State and local governments in collecting and providing the information described in subparagraph (A). Not later than 2 years after the date on which the database is established under this section, the Director shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives an update to the report required under subparagraph
(A)that identifies State and local governments that have contributed to the database and recommends ways to further incentivize participation by State and local governments pursuant to paragraph
(1)of this subsection or through other means. After the establishment of the database, the Director of the Office of Science and Technology Policy shall ensure that information provided under subsection
(d)or subsection
(e)is included in the database not later than 7 days after the date on which the Director receives the information. Information in the database relating to covered property shall include the date on which the information was added or most recently updated. Not later than 180 days after the date the Director of the Office of Science and Technology Policy seeks public comment under subsection (c)(1), the Director shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the progress in establishing the database under this section. The Director shall update the report annually until the date that the database is fully operational. After the database is fully operational and for the next 5 years thereafter, the Director shall provide annual reports regarding the use of the database, recommendations of how the database may provide additional utility to the entities described in subsection (b)(2), if any recommendations are warranted, and how previous recommendations have been implemented.