TRANSFER OF AUCTIONABLE FREQUENCIES.

SEC. 8001. TRANSFER OF AUCTIONABLE FREQUENCIES. (a) Amendment.— The National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended— (1) by striking the heading of part B and inserting the following: “PART C— SPECIAL AND TEMPORARY PROVISIONS”; (2) by redesignating sections 131 through 135 as sections 151 through 155, respectively; and (3) by inserting after part A the following new part: “PART B— TRANSFER OF AUCTIONABLE FREQUENCIES. “SEC. 111. DEFINITIONS. “As used in this part: “(1) The term ‘allocation’ means an entry in the National Table of Frequency Allocations of a given frequency band for the purpose of its use by one or more radiocommunication services. “(2) The term ‘assignment’ means an authorization given to a station licensee to use specific frequencies or channels. “(3) The term ‘the 1934 Act’ means the Communications Act of 1934 (47 U.S.C. 151 et seq.). 107 STAT. 380 “SEC. 112. NATIONAL SPECTRUM ALLOCATION PLANNING. “The Assistant Secretary and the Chairman of the Commission shall meet, at least biannually, to conduct joint spectrum planning with respect to the following issues: “(1) the extent to which licenses for spectrum use can be issued pursuant to section 309(j) of the 1934 Act to increase Federal revenues; “(2) the future spectrum requirements for public and private uses, including State and local government public safety agencies; “(3) the spectrum allocation actions necessary to accommodate those uses; and “(4) actions necessary to promote the efficient use of the spectrum, including spectrum management techniques to promote increased shared use of the spectrum that does not cause harmful interference as a means of increasing commercial access. “SEC. 113. IDENTIFICATION OF REALLOCABLE FREQUENCIES. “(a) Identification Required.— The Secretary shall, within 18 months after the date of the enactment of the Omnibus Budget Reconciliation Act of 1993, prepare and submit to the President and the Congress a report identifying and recommending for reallocation bands of frequencies— “(1) that are allocated on a primary basis for Federal Government use; “(2) that are not required for the present or identifiable future needs of the Federal Government; “(3) that can feasibly be made available, as of the date of submission of the report or at any time during the next 15 years, for use under the 1934 Act (other than for Federal Government stations under section 305 of the 1934 Act); “(4) the transfer of which (from Federal Government use) will not result in costs to the Federal Government, or losses of services or benefits to the public, that are excessive in relation to the benefits to the public that may be provided by non-Federal licensees; and “(5) that are most likely to have the greatest potential for productive uses and public benefits under the 1934 Act if allocated for non-Federal use. “(b) Minimum Amount of Spectrum Recommended.— “(1) In general.— In accordance with the provisions of this section, the Secretary shall recommend for reallocation, for use other than by Federal Government stations under section 305 of the 1934 Act (47 U.S.C. 305), bands of frequencies that in the aggregate span not less than 200 megahertz, that are located below 5 gigahertz, and that meet the criteria specified in paragraphs (1) through (5) of subsection (a). Such bands of frequencies shall include bands of frequencies, located below 3 gigahertz, that span in the aggregate not less than 100 megahertz. “(2) Mixed uses permitted to be counted.— Bands of frequencies which a report of the Secretary under subsection (a) or (d)(1) recommends be partially retained for use by Federal Government stations, but which are also recommended to be reallocated to be made available under the 1934 Act for use by non-Federal stations, may be counted toward the minimum 107 STAT. 381spectrum required by paragraph (1) of this subsection, except that— “(A) the bands of frequencies counted under this paragraph may not count toward more than one-half of the minimums required by paragraph (1) of this subsection; “(B) a band of frequencies may not be counted under this paragraph unless the assignments of the band to Federal Government stations under section 305 of the 1934 Act (47 U.S.C. 305) are limited by geographic area, by time, or by other means so as to guarantee that the potential use to be made by such Federal Government stations is substantially less (as measured by geographic area, time, or otherwise) than the potential use to be made by non-Federal stations; and “(C) the operational sharing permitted under this paragraph shall be subject to the interference regulations prescribed by the Commission pursuant to section 305(a) of the 1934 Act and to coordination procedures that the Commission and the Secretary shall jointly establish and implement to ensure against harmful interference. “(c) Criteria for Identification.— “(1) Needs of the federal government.— In determining whether a band of frequencies meets the criteria specified in subsection (a)(2), the Secretary shall— “(A) consider whether the band of frequencies is used to provide a communications service that is or could be available from a commercial provider or other vendor, “(B) seek to promote— “(i) the maximum practicable reliance on commercially available substitutes; “(ii) the sharing of frequencies (as permitted under subsection (b)(2)); “(iii) the development and use of new communications technologies; and “(iv) the use of nonradiating communications systems where practicable; and “(C) seek to avoid— “(i) serious degradation of Federal Government services and operations; “(ii) excessive costs to the Federal Government and users of Federal Government services; and “(iii) excessive disruption of existing use of Federal Government frequencies by amateur radio licensees. “(2) Feasibility of use.— In determining whether a frequency band meets the criteria specified in subsection (a)(3), le Secretary shall— “(A) assume that the frequency will be assigned by the Commission under section 303 of the 1934 Act (47 U.S.C. 303) within 15 years; “(B) assume reasonable rates of scientific progress and growth of demand for telecommunications services; “(C) seek to include frequencies which can be used to stimulate the development of new technologies; and “(D) consider the immediate and recurring costs to reestablish services displaced by the reallocation of spectrum. 107 STAT. 382 “(3) Analysis of benefits.— In determining whether a band of frequencies meets the criteria specified in subsection (a)(5), the Secretary shall consider— “(A) the extent to which equipment is or will be available that is capable of utilizing the band; “(B) the proximity of frequencies that are already assigned for commercial or other non-Federal use; “(C) the extent to which, in general, commercial users could share the frequency with amateur radio licensees; and “(D) the activities of foreign governments in making frequencies available for experimentation or commercial assignments in order to support their domestic manufacturers of equipment. “(4) Power agency frequencies.— “(A) Applicability of criteria.— The criteria specified by subsection (a) shall be deemed not to be met for any purpose under this part with regard to any frequency assignment to, or any frequency assignment used by, a Federal power agency for the purpose of withdrawing that assignment. “(B) Mixed use eligibility.— The frequencies assigned to any Federal power agency may only be eligible for mixed use under subsection (b)(2) in geographically separate areas, but in those cases where a frequency is to be shared by an affected Federal power agency and a non-Federal user, such use by the non-Federal user shall not cause harmful interference to the affected Federal power agency or adversely affect the reliability of its power system. “(C) Definition.— As used in this paragraph, the term ‘Federal power agency’ means the Tennessee Valley Authority, the Bonneville Power Administration, the Western Area Power Administration, the Southwestern Power Administration, the Southeastern Power Administration, or the Alaska Power Administration. “(5) Limitation on reallocation.— None of the frequencies recommended for reallocation in the reports required by this subsection shall have been recommended, prior to the date of enactment of the Omnibus Budget Reconciliation Act of 1993, for reallocation to non-Federal use by international agreement. “(d) Procedure for Identification of Reallocable Bands of Frequencies.— “(1) Submission of preliminary identification to congress.— Within 6 months after the date of the enactment of the Omnibus Budget Reconciliation Act of 1993, the Secretary shall prepare, make publicly available, and submit to the President, the Congress, and the Commission a report which makes a preliminary identification of reallocable bands of frequencies which meet the criteria established by this section. “(2) Public comment.— The Secretary shall provide interested persons with the opportunity to submit, within 90 days after the date of its publication, written comment on the preliminary report required by paragraph (1). The Secretary shall immediately transmit a copy of any such comment to the Commission. 107 STAT. 383 “(3) Comment and recommendations from commission.— The Commission shall, within 90 days after the conclusion of the period for comment provided pursuant to paragraph (2), submit to the Secretary the Commission’s analysis of such comments and the Commission’s recommendations for responses to such comments, together with such other comments and recommendations as the Commission deems appropriate. “(4) Direct discussions.— The Secretary shall encourage and provide opportunity for direct discussions among commercial representatives and Federal Government users of the spectrum to aid the Secretary in determining which frequencies to recommend for reallocation. The Secretary shall provide notice to the public and the Commission of any such discussions, including the name or names of any businesses or other persons represented in such discussions. A representative of the Commission (and of the Secretary at the election of the Secretary) shall be permitted to attend any such discussions. The Secretary shall provide the public and the Commission with an opportunity to comment on the results of any such discussions prior to the submission of the final report required by subsection (a). “(e) Timetable for Reallocation and Limitation.— “(1) Timetable required.— The Secretary shall, as part of the reports required by subsections (a) and (d)(1), include a timetable that recommends effective dates by which the President shall withdraw or limit assignments of the frequencies specified in such reports. “(2) Expedited reallocation.— “(A) Required reallocation.— The Secretary shall, as part of the report required by subsection (d)(1), specifically identify and recommend for immediate reallocation bands of frequencies that in the aggregate span not less than 50 megahertz, that meet the criteria described in subsection (a), and that can be made available for reallocation immediately upon issuance of the report required by subsection (d)(1). Such bands of frequencies shall include bands of frequencies, located below 3 gigahertz, that in the aggregate span not less than 25 megahertz. “(B) Permitted reallocation.— The Secretary may, as part of such report, identify and recommend bands of frequencies for immediate reallocation for a mixed use pursuant to subsection (b)(2), but such bands of frequencies may not count toward the minimums required by subparagraph (A). “(3) Delayed effective dates.— In setting the recommended delayed effective dates, the Secretary shall— “(A) consider the need to reallocate bands of frequencies as early as possible, taking into account the requirements of paragraphs (1) and (2) of section 115(b); “(B) be based on the useful remaining life of equipment that has been purchased or contracted for to operate on identified frequencies; “(C) consider the need to coordinate frequency use with other nations; and 107 STAT. 384 “(D) take into account the relationship between the costs to the Federal Government of changing to different frequencies and the benefits that may be obtained from commercial and other non-Federal uses of the reassigned frequencies. “SEC. 114. WITHDRAWAL OR LIMITATION OF ASSIGNMENT TO FEDERAL GOVERNMENT STATIONS. “(a) In General.— The President shall— “(1) within 6 months after receipt of a report by the Secretary under subsection (a) or (d)(1) of section 113, withdraw the assignment to a Federal Government station of any frequency which the report recommends for immediate reallocation; “(2) within either such 6-month period, limit the assignment to a Federal Government station of any frequency which the report recommends be made immediately available for mixed use under section 113(b)(2); “(3) by the delayed effective date recommended by the Secretary under section 113(e) (except as provided in subsection (b)(4) of this section), withdraw or limit the assignment to a Federal Government station of any frequency which the report recommends be reallocated or made available for mixed use on such delayed effective date; “(4) assign or reassign other frequencies to Federal Government stations as necessary to adjust to such withdrawal or limitation of assignments; and “(5) transmit a notice and description to the Commission and each House of Congress of the actions taken under this subsection. “(b) Exceptions.— “(1) Authority to substitute.— If the President determines that a circumstance described in paragraph (2) exists, the President— “(A) may substitute an alternative frequency or frequencies for the frequency that is subject to such determination and withdraw (or limit) the assignment of that alternative frequency in the manner required by subsection (a); and “(B) shall submit a statement of the reasons for taking the action described in subparagraph (A) to the Commission, Committee on Energy and Commerce of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate. “(2) Grounds for substitution.— For purposes of paragraph (1), the following circumstances are described in this paragraph: “(A) the reassignment would seriously jeopardize the national defense interests of the United States; “(B) the frequency proposed for reassignment is uniquely suited to meeting important governmental needs; “(C) the reassignment would seriously jeopardize public health or safety; “(D) the reassignment will result in costs to the Federal Government that are excessive in relation to the benefits that may be obtained from commercial or other non-Federal uses of the reassigned frequency; or 107 STAT. 385 “(E) the reassignment will disrupt the existing use of a Federal Government band of frequencies by amateur radio licensees. “(3) Criteria for substituted frequencies.— For purposes of paragraph (1), a frequency may not be substituted for a frequency identified and recommended by the report of the Secretary under section 113(a) unless the substituted frequency also meets each of the criteria specified by section 113(a). “(4) Delays in implementation.— If the President determines that any action cannot be completed by the delayed effective date recommended by the Secretary pursuant to section 113(e), or that such an action by such date would result in a frequency being unused as a consequence of the Commission’s plan under section 115, the President may— “(A) withdraw or limit the assignment to Federal Government stations on a later date that is consistent with such plan, except that the President shall notify each committee specified in paragraph (1)(B) and the Commission of the reason that withdrawal or limitation at a later date is required; or “(B) substitute alternative frequencies pursuant to the provisions of this subsection. “SEC. 115. DISTRIBUTION OF FREQUENCIES BY THE COMMISSION. “(a) Allocation and Assignment of Immediately Available Frequencies.— With respect to the frequencies made available for immediate reallocation pursuant to section 113(e)(2), the Commission, not later than 18 months after the date of enactment of the Omnibus Budget Reconciliation Act of 1993, shall issue regulations to allocate such frequencies and shall propose regulations to assign such frequencies. “(b) Allocation and Assignment of Remaining Available Frequencies.— With respect to the frequencies made available for reallocation pursuant to section 113(e)(3), the Commission shall, not later than 1 year after receipt of the report required by section 113(a), prepare, submit to the President and the Congress, and implement, a plan for the allocation and assignment under the 1934 Act of such frequencies. Such plan shall— “(1) not propose the immediate allocation and assignment of all such frequencies but, taking into account the timetable recommended by the Secretary pursuant to section 113(e), shall propose— “(A) gradually to allocate and assign the frequencies remaining, after making the reservation required by subparagraph (B), over the course of 10 years beginning on the date of submission of such plan; and “(B) to reserve a significant portion of such frequencies for allocation and assignment beginning after the end of such 10-year period; “(2) contain appropriate provisions to ensure— “(A) the availability of frequencies for new technologies and services in accordance with the policies of section 7 of the 1934 Act (47 U.S.C. 157); “(B) the availability of frequencies to stimulate the development of such technologies; and 107 STAT. 386 “(C) the safety of life and property in accordance with the policies of section 1 of the 1934 Act (47 U.S.C. 151); “(3) address (A) the feasibility of reallocating portions of the spectrum from current commercial and other non-Federal uses to provide for more efficient use of the spectrum, and (B) innovation and marketplace developments that may affect the relative efficiencies of different spectrum allocations; “(4) not prevent the Commission from allocating frequencies, and assigning licenses to use frequencies, not included in the plan; and “(5) not preclude the Commission from making changes to the plan in future proceedings. “SEC. 116. AUTHORITY TO RECOVER REASSIGNED FREQUENCIES. “(a) Authority of President.— Subsequent to the withdrawal of assignment to Federal Government stations pursuant to section 114, the President may reclaim reassigned frequencies for reassignment to Federal Government stations in accordance with this section. “(b) Procedure for Reclaiming Frequencies.— “(1) Unallocated frequencies.— If the frequencies to be reclaimed have not been allocated or assigned by the Commission pursuant to the 1934 Act, the President shall follow the procedures for substitution of frequencies established by section 114(b) of this part. “(2) Allocated frequencies.— If the frequencies to be reclaimed have been allocated or assigned by the Commission, the President shall follow the procedures for substitution of frequencies established by section 114(b) of this part, except that the statement required by section 114(b)(1)(B) shall include— “(A) a timetable to accommodate an orderly transition for licensees to obtain new frequencies and equipment necessary for its utilization; and “(B) an estimate of the cost of displacing spectrum users licensed by the Commission. “(c) Costs of Reclaiming Frequencies.— The Federal Government shall bear all costs of reclaiming frequencies pursuant to this section, including the cost of equipment which is rendered unusable, the cost of relocating operations to a different frequency, and any other costs that are directly attributable to the reclaiming of the frequency pursuant to this section, and there are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section. “(d) Effective Date of Reclaimed Frequencies.— The Commission shall not withdraw licenses for any reclaimed frequencies until the end of the fiscal year following the fiscal year in which a statement under section 114(b)(1)(B) pertaining to such frequencies is received by the Commission. “(e) Effect on Other Law.— Nothing in this section shall be construed to limit or otherwise affect the authority of the President under section 706 of the 1934 Act (47 U.S.C. 606). “SEC. 117. EXISTING ALLOCATION AND TRANSFER AUTHORITY RETAINED. “(a) Additional Reallocation.— Nothing in this part prevents or limits additional reallocation of spectrum from the Federal Government to other users. 107 STAT. 387 “(b) Implementation of New Technologies and Services.— Notwithstanding any other provision of this part— “(1) the Secretary may, consistent with section 104(e) of this Act, at any time allow frequencies allocated on a primary basis for Federal Government use to be used by non-Federal licensees on a mixed-use basis for the purpose of facilitating the prompt implementation of new technologies or services and tor other purposes; and “(2) the Commission shall make any allocation and licensing decisions with respect to such frequencies in a timely manner and in no event later than the date required by section 7 of the 1934 Act.”. (b) Conforming Amendment To Ensure Collection of FCC Fees.— Section 104 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 903) is amended by adding at the end the following new subsection: “(e) Proof of Compliance With FCC Licensing Requirements.— “(1) Amendment to manual required.— Within 90 days after the date of enactment of this subsection, the Secretary and the NTIA shall amend the spectrum management document described in subsection (a) to require that— “(A) no person or entity (other than an agency or instrumentality of the United States) shall be permitted, after 1 year after such date of enactment, to operate a radio station utilizing a frequency that is authorized for the use of government stations pursuant to section 103(b)(2)(A) of this Act for any nongovemment application unless such person or entity has submitted to the NTIA proof, in a form prescribed by such manual, that such person or entity has obtained a license from the Commission; and “(B) no person or entity (other than an agency or instrumentality of the United States) shall be permitted, after 1 year after such date of enactment, to utilize a radio station belonging to the United States for any nongovemment application unless such person or entity has submitted to the NTIA proof, in a form prescribed by such manual, that such person or entity has obtained a license from the Commission. “(2) Retention of forms.— The NTIA shall maintain on file the proofs submitted under paragraph (1), or facsimiles thereof. “(3) Certification.— Within 1 year after the date of enactment of this subsection, the Secretary and the NTIA shall certify to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that— “(A) the amendments required by paragraph (1) have been accomplished; and “(B) the requirements of subparagraphs (A) and (B) of such paragraph are being enforced.”.