; and (2) evaluate any barriers to voluntary commercial arrangements in which non-Federal users could provide access to Federal entities. 12. Unlicensed services in guard bands (a) In general After public notice and comment, and in consultation with the Secretary and the head of each affected Federal agency (or a designee thereof), with respect to frequencies allocated for Federal use, the Commission shall adopt rules that permit unlicensed services where feasible to use any frequencies that are designated as guard bands to protect frequencies allocated after the date of enactment of this Act by competitive bidding under section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) ), including spectrum that acts as a duplex gap between transmit and receive frequencies. (b) Limitation The Commission may not permit any use of a guard band under this section that would cause harmful interference to a licensed service or a Federal service operating in the guard band or in an adjacent band. (c) Rule of construction Nothing in this section shall be construed as limiting the Commission or the Secretary from otherwise making spectrum available for licensed or unlicensed use in any frequency band in addition to guard bands, including under section 3, consistent with their statutory jurisdictions. 13. Pre-auction funding Section 118(d)(3)(B)(i)(II) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928(d)(3)(B)(i)(II) ) is amended by striking 5 years and inserting 8 years . 14. Immediate transfer of funds Section 118(e)(1) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928(e)(1) ) is amended by adding at the end the following: (D) At the request of an eligible Federal entity, the Director of OMB may transfer the amount under subparagraph (A) immediately— (i) after the frequencies are reallocated by competitive bidding under section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) )