47 U.S.C. § 1510 — Wireless telecommunications tax and fee

Page 458 TITLE 47—TELECOMMUNICATIONS § 1509 (Pub. L. 115–141, div. P, title VI, § 618, Mar. 23, 2018, 132 Stat. 1112.) § 1509. Spectrum Challenge Prize (a) Short title This section may be cited as the ‘‘Spectrum Challenge Prize Act’’. (b) Definition of prize competition In this section, the term ‘‘prize competition’’ means a prize competition conducted by the Secretary under subsection (c)(1). (c) Spectrum Challenge Prize (1) In general The Secretary, in consultation with the As- sistant Secretary of Commerce for Commu- nications and Information and the Under Sec- retary of Commerce for Standards and Tech- nology, shall, subject to the availability of funds for prize competitions under this sec- tion— (A) conduct prize competitions to dramati- cally accelerate the development and com- mercialization of technology that improves spectrum efficiency and is capable of cost-ef- fective deployment; and (B) define a measurable set of performance goals for participants in the prize competi- tions to demonstrate their solutions on a level playing field while making a signifi- cant advancement over the current state of the art. (2) Authority of Secretary In carrying out paragraph (1), the Secretary may— (A) enter into a grant, contract, coopera- tive agreement, or other agreement with a private sector for-profit or nonprofit entity to administer the prize competitions; (B) invite the Defense Advanced Research Projects Agency, the Commission, the Na- tional Aeronautics and Space Administra- tion, the National Science Foundation, or any other Federal agency to provide advice and assistance in the design or administra- tion of the prize competitions; and (C) award not more than $5,000,000, in the aggregate, to the winner or winners of the prize competitions. (d) Criteria Not later than 180 days after the date on which funds for prize competitions are made available pursuant to this section, the Commission shall publish a technical paper on spectrum efficiency providing criteria that may be used for the de- sign of the prize competitions. (e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this sec- tion. (Pub. L. 115–141, div. P, title VI, § 619, Mar. 23, 2018, 132 Stat. 1113.) § 1510. Wireless telecommunications tax and fee collection fairness (a) Short title This section may be cited as the ‘‘Wireless Telecommunications Tax and Fee Collection Fairness Act’’. (b) Definitions In this section: (1) Financial transaction The term ‘‘financial transaction’’ means a transaction in which the purchaser or user of a wireless telecommunications service upon whom a tax, fee, or surcharge is imposed gives cash, credit, or any other exchange of mone- tary value or consideration to the person who is required to collect or remit the tax, fee, or surcharge. (2) Local jurisdiction The term ‘‘local jurisdiction’’ means a polit- ical subdivision of a State. (3) State The term ‘‘State’’ means any of the several States, the District of Columbia, and any ter- ritory or possession of the United States. (4) State or local jurisdiction The term ‘‘State or local jurisdiction’’ in- cludes any governmental entity or person act- ing on behalf of a State or local jurisdiction that has the authority to assess, impose, levy, or collect taxes or fees. (5) Wireless telecommunications service The term ‘‘wireless telecommunications service’’ means a commercial mobile radio service, as defined in section 20.3 of title 47, Code of Federal Regulations, or any successor thereto. (c) Financial transaction requirement (1) In general A State, or a local jurisdiction of a State, may not require a person who is neither a resi- dent of such State or local jurisdiction nor an entity having its principal place of business in such State or local jurisdiction to collect from, or remit on behalf of, any other person a State or local tax, fee, or surcharge imposed on a purchaser or user with respect to the pur- chase or use of any wireless telecommuni- cations service within the State unless the collection or remittance is in connection with a financial transaction. (2) Rule of construction Nothing in this subsection shall be con- strued to affect the right of a State or local jurisdiction to require the collection of any tax, fee, or surcharge in connection with a fi- nancial transaction. (d) Enforcement (1) Private right of action Any person aggrieved by a violation of sub- section (c) may bring a civil action in an ap- propriate district court of the United States for equitable relief in accordance with para- graph (2) of this subsection. (2) Jurisdiction of district courts Notwithstanding section 1341 of title 28, or the constitution or laws of any State, the dis- trict courts of the United States shall have ju- risdiction, without regard to the amount in controversy or citizenship of the parties, to grant such mandatory or prohibitive injunc- Page 459 TITLE 47—TELECOMMUNICATIONS § 1601 1 See References in Text note below. tive relief, interim equitable relief, and declar- atory judgments as may be necessary to pre- vent, restrain, or terminate any acts in viola- tion of subsection (c). (Pub. L. 115–141, div. P, title VI, § 620, Mar. 23, 2018, 132 Stat. 1114.) § 1511. Rules of construction (a) Ranges of frequencies Each range of frequencies described in this chapter shall be construed to be inclusive of the upper and lower frequencies in the range. (b) Assessment of electromagnetic spectrum re- allocation Nothing in this chapter shall be construed to affect any requirement under section 156 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 note), as added by section 1062(a) of the National Defense Authorization Act for Fiscal Year 2000. (Pub. L. 115–141, div. P, title VI, § 621, Mar. 23, 2018, 132 Stat. 1115.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title VI of div. P of Pub. L. 115–141, Mar. 23, 2018, 132 Stat. 1097, which is classified principally to this chapter. For complete classification of title VI to the Code, see Short Title note set out under section 1501 of this title and Tables. Section 156 of the National Telecommunications and Information Administration Organization Act, as added by section 1062(a) of the National Defense Authoriza- tion Act for Fiscal Year 2000, referred to in subsec. (b), is section 156 of title I of Pub. L. 102–538, as added by Pub. L. 106–65, div. A, title X, § 1062(a), Oct. 5, 1999, 113 Stat. 767, formerly set out as a note under section 921 of this title. § 1512. Relationship to Middle Class Tax Relief and Job Creation Act of 2012 Nothing in this chapter shall be construed to limit, restrict, or circumvent in any way the im- plementation of the nationwide public safety broadband network defined in section 6001 of title VI of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401) or any rules implementing that network under title VI of that Act (47 U.S.C. 1401 et seq.). (Pub. L. 115–141, div. P, title VI, § 622, Mar. 23, 2018, 132 Stat. 1115.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title VI of div. P of Pub. L. 115–141, Mar. 23, 2018, 132 Stat. 1097, which is classified principally to this chapter. For complete classification of title VI to the Code, see Short Title note set out under section 1501 of this title and Tables. The Middle Class Tax Relief and Job Creation Act of 2012, referred to in text, is Pub. L. 112–96, Feb. 22, 2012, 126 Stat. 156. Title VI of the Act is classified principally to chapter 13 (§ 1401 et seq.) of this title. For complete classification of this Act to the Code, see section 1(a) of Pub. L. 112–96, set out as a Short Title of 2012 Amend- ment note under section 1 of Title 26, Internal Revenue Code, and Tables. § 1513. No additional funds authorized No additional funds are authorized to be ap- propriated to carry out this chapter, or the amendments made by this title.1 This chapter, and the amendments made by this title,1 shall be carried out using amounts otherwise author- ized. (Pub. L. 115–141, div. P, title VI, § 623, Mar. 23, 2018, 132 Stat. 1115.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title VI of div. P of Pub. L. 115–141, Mar. 23, 2018, 132 Stat. 1097, which is classified principally to this chapter. For complete classification of title VI to the Code, see Short Title note set out under section 1501 of this title and Tables. This title, referred to in text, means title VI of div. P of Pub. L. 115–141. See note above. CHAPTER 15—SECURE AND TRUSTED COMMUNICATIONS NETWORKS Sec. 1601. Determination of communications equipment or services posing national security risks. 1602. Prohibition on use of certain Federal sub- sidies. 1603. Secure and Trusted Communications Net- works Reimbursement Program. 1604. Reports on covered communications equip- ment or services. 1605. Hold harmless. 1606. Enforcement. 1607. NTIA program for preventing future vulnerabilities. 1608. Definitions. 1609. Severability. § 1601. Determination of communications equip- ment or services posing national security risks (a) Publication of covered communications equipment or services list Not later than 1 year after March 12, 2020, the Commission shall publish on its website a list of covered communications equipment or services. (b) Publication by Commission The Commission shall place on the list pub- lished under subsection (a) any communications equipment or service, if and only if such equip- ment or service— (1) is produced or provided by any entity, if, based exclusively on the determinations de- scribed in paragraphs (1) through (4) of sub- section (c), such equipment or service pro- duced or provided by such entity poses an un- acceptable risk to the national security of the United States or the security and safety of United States persons; and (2) is capable of— (A) routing or redirecting user data traffic or permitting visibility into any user data or packets that such equipment or service transmits or otherwise handles; (B) causing the network of a provider of advanced communications service to be dis- rupted remotely; or