113 S2155 IS: Maximizing Spectrum Efficiency and Value Act of 2014
U.S. Senate
2014-03-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.
This Act may be cited as the
Maximizing Spectrum Efficiency and Value Act of 2014
.
2.
Congress finds the following:
(1)
Demand for
electromagnetic spectrum is sharply rising due to the growing advanced
network
of communications devices that rely on spectrum to transmit and receive
information.
(2)
It is necessary
for the United States to maintain its investments in innovation of
spectrum and
broadband infrastructure to ensure the United States is a global leader in
the
wireless age.
(3)
Spectrum is a
finite resource, and in order to spur innovation, the United States must
provide for better and more efficient spectrum management.
(4)
Many spectrum
holders do not efficiently use their frequency assignments, and a
restructuring
of the usable spectrum is a viable solution to make up for this lost
opportunity.
(5)
Making available
additional spectrum to meet the demands of broadband technologies and
services
will prevent dropped connections, blocked service, decreased connection
speed,
and even higher prices for certain advanced applications.
(6)
The availability
of increased spectrum will allow advanced technologies such as 4G mobile
services, high-speed wireless, high definition television, and more to
continue
operating without network problems and interference.
(7)
The United States
public debt totals not less than $14,300,000,000,000.
(8)
Congress should
look for ways to increase Federal Government revenues without creating
additional
burdens on taxpayers.
(9)
Auctioning
spectrum is the most economically sound method for accurate valuation and
assignment of spectrum to develop the next generation of wireless
technologies,
expand broadband service to underserved areas of the country, develop an
interoperable public safety network, and reduce the deficit.
(10)
Certain
frequencies of spectrum have substantial market value and could raise
significant new revenue in a public auction.
(11)
Barriers to a spectrum auction such as
regulatory and administrative delays are not conducive to the free-market
approach and can hurt innovation.
(12)
Federal Government
spectrum, while extremely important, is vast and should be included in any
spectrum reform initiative.
3.
Federal Spectrum
Reallocation Commission
(a)
Part B of title I of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 921 et seq.) is
amended
by adding at the end the following:
120.
Federal
Spectrum Reallocation Commission
(a)
In
this section—
(1)
the term
appropriate congressional committees means—
(A)
the Committee on
Appropriations of the Senate;
(B)
the Committee on
Appropriations of the House of Representatives;
(C)
the Committee on Commerce, Science, and
Transportation of the Senate; and
(D)
the Committee on
Energy and Commerce of the House of Representatives;
(2)
the term
Chairperson means the chairperson of the Reallocation Commission
designated under subsection (b)(3)(B);
(3)
the term
Director means the Director of the Reallocation Commission
appointed under subsection (b)(5)(A);
(4)
the term
Executive agency has the meaning given the term in section 105 of
title 5, United States Code;
(5)
the term
Federal entity means any department, agency, or other
instrumentality of the Federal Government that utilizes a
Government station
license obtained under section 305 of the Communications Act of
1934 (47 U.S.C.
305);
(6)
the term
Reallocation Commission means the Federal Spectrum Reallocation
Commission established under subsection (b)(1); and
(7)
the term
relocation or sharing costs—
(A)
means the costs
incurred by a Federal entity to achieve comparable capability of
systems,
regardless of whether that capability is achieved by relocating to
a new
frequency assignment or by utilizing an alternative technology; and
(B)
includes—
(i)
the costs of any
modification or replacement of equipment, software, facilities,
operating
manuals, training costs, or regulations that are attributable to
relocation;
(ii)
the costs of all
engineering, equipment, software, site acquisition, and
construction costs, as
well as any legitimate and prudent transaction expense, including
outside
consultants, and reasonable additional costs incurred by the
Federal entity
that are attributable to relocation, including increased recurring
costs
associated with the replacement facilities;
(iii)
the costs of engineering studies, economic
analyses, or other expenses reasonably incurred in calculating the
estimated
relocation or sharing costs that are provided to the Commission
under
subsection (e)(1)(C)
and approved by the Director of the Office of Management and Budget
under
subsection (e)(1)(D);
(iv)
the one-time
costs of any modification of equipment reasonably necessary to
accommodate
commercial use of reallocated frequencies prior to the termination
of the
Federal entity’s primary allocation or protected status, when the
frequencies
are made available for private-sector uses by competitive bidding
and a Federal
entity retains primary allocation or protected status in those
frequencies for
a period of time after the completion of the competitive bidding
process;
and
(v)
the costs
associated with the accelerated replacement of systems and
equipment if such
acceleration is necessary to ensure the timely relocation of
systems to a new
frequency assignment.
(b)
Establishment
and operation of Reallocation Commission
(1)
There
is established an independent commission to be known as the Federal
Spectrum Reallocation Commission
.
(2)
The
Reallocation Commission shall carry out the duties described in
this
section.
(3)
(A)
(i)
The Reallocation Commission shall be composed of 9
members appointed by the President, by and with the advice and
consent of the
Senate.
(ii)
Requirements
for membership
(I)
Of the 9 members appointed by the President under clause
(i)—
-
(aa)
not
more than 1 member may be a current employee or contractor of the
Department of
Defense;
-
(bb)
not
more than 1 member may be former employee or contractor of the
Department of
Defense;
-
(cc)
not
fewer than 1 member shall be a representative of the commercial
mobile
technology industry; and
-
(dd)
not
fewer than 1 member shall be a representative from a
standards-setting body
that is accredited by the American National Standards Institute to
develop
voluntary industry standards.
(II)
Private-sector
representation
In making appointments under clause (i), the
President shall ensure that there is robust private-sector
representation on
the Reallocation Commission.
(iii)
Transmission
of nominations
Not later than 180 days after the date of
enactment of this section, the President shall transmit to the
Senate the
nominations for appointment to the Commission.
(iv)
In
selecting individuals for nominations for appointments to the
Reallocation
Commission, the President shall consult with—
(I)
the Speaker of the
House of Representatives concerning the appointment of 3 members;
(II)
the majority
leader of the Senate concerning the appointment of 3 members;
(III)
the minority
leader of the House of Representatives concerning the appointment
of 1 member;
and
(IV)
the minority
leader of the Senate concerning the appointment of 1 member.
(v)
Nonpolitical
nature of appointment
No political test or qualification may be
used in selecting, appointing, promoting, or taking other personnel
actions
with respect to members, officers, agents, or employees of the
Reallocation
Commission.
(B)
At
the time the President nominates individuals for appointments under
subparagraph (A), the President shall designate 1 of the
individuals nominated
to serve as the Chairperson of the Reallocation Commission.
(C)
(i)
Each member of the Reallocation Commission may serve
until the Commission sunsets under paragraph (12).
(ii)
The
Chairperson may serve until the confirmation of a successor.
(iii)
Any
vacancy in the Reallocation Commission shall be filled in the same
manner as
the original appointment.
(D)
(i)
Each member of the Reallocation Commission, other than
the Chairperson, shall be paid at a rate equal to the daily
equivalent of the
minimum annual rate of basic pay payable for level IV of the
Executive Schedule
under section 5315 of title 5, United States Code, for each day
(including
travel time) during which the member is engaged in the actual
performance of
duties vested in the Reallocation Commission.
(ii)
The
Chairperson shall be paid for each day referred to in clause (i) at
a rate
equal to the daily equivalent of the minimum annual rate of basic
pay payable
for level III of the Executive Schedule under section 5314 of title
5, United
States Code.
(4)
(A)
Each meeting of the Reallocation Commission, other than
meetings in which classified information is to be discussed, shall
be open to
the public.
(B)
All of the proceedings, information, and
deliberations of the Commission shall be open, upon request, to—
(i)
the Chairman and
the ranking member of the Subcommittee on Communications,
Technology, and the
Internet of the Committee on Commerce, Science, and Transportation
of the
Senate, or such other members of the Subcommittee designated by the
Chairman or
ranking member of the Subcommittee;
(ii)
the Chairman and
the ranking member of the Subcommittee on Communications and
Technology of the
Committee on Energy and Commerce of the House of Representatives,
or such other
members of the Subcommittee designated by the Chairman or ranking
member of the
Subcommittee; and
(iii)
the Chairmen and
ranking members of the Subcommittees on Commerce, Justice, Science,
and Related
Agencies and on Financial Services and General Government of the
Committees on
Appropriations of the Senate and of the House of Representatives,
or such other
members of the Subcommittees designated by such Chairmen or ranking
members.
(5)
(A)
The Reallocation Commission shall, without regard to the
provisions of title 5, United States Code, governing appointments
in the
competitive service, appoint a Director.
(B)
The Director shall, without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such
title
(relating to classification and General Schedule pay rates), be
paid at the
rate of basic pay payable for level IV of the Executive Schedule
under section
5315 of title 5, United States Code.
(6)
(A)
Subject to subparagraphs (B) and (C), the Director, with
the approval of the Reallocation Commission, may appoint and fix
the pay of
additional personnel as may be necessary to enable the Reallocation
Commission
to perform the duties of the Reallocation Commission.
(B)
The
Director may make such appointments without regard to the
provisions of title
5, United States Code, governing appointments in the competitive
service, and
any personnel so appointed may be paid without regard to the
provisions of
chapter 51 and subchapter III of chapter 53 of that title relating
to
classification and General Schedule pay rates, except that an
individual
appointed under this paragraph may not receive pay in excess of the
annual rate
of basic pay payable for GS–18 of the General Schedule.
(C)
Detail of
Government employees
Upon request of the Director, the Secretary
may detail any of the personnel of the Department of Commerce to
the
Reallocation Commission to assist the Reallocation Commission in
carrying out
its duties.
(D)
The Comptroller General of the United States shall
provide assistance, including the detailing of employees, to the
Reallocation
Commission in accordance with an agreement entered into with the
Reallocation
Commission.
(7)
Procurement of
temporary and intermittent services
The Chairperson may procure
temporary and intermittent services under section 3109 of title 5,
United
States Code, at rates for individuals that do not exceed the daily
equivalent
of the annual rate of basic pay prescribed for level V of the
Executive
Schedule under section 5316 of such title.
(8)
The
Chairperson may lease space and acquire personal property to the
extent funds
are available.
(9)
Postal and
printing services
The Reallocation Commission may use the United
States mails and obtain printing and binding services in the same
manner and
under the same conditions as other agencies of the United States.
(10)
The Reallocation Commission may secure directly from
any agency or department of the United States information necessary
to enable
it to carry out its duties under this section. Upon request of any
member of
the Reallocation Commission, the head of that agency or department
shall
furnish that information to the Reallocation Commission in a full
and timely
manner.
(11)
There are authorized to be transferred to
the Reallocation Commission $13,000,000 from the Spectrum
Relocation Fund
established under section 118 to carry out the duties of the
Reallocation
Commission under this section, and such funds shall remain
available until the
term of the Reallocation Commission sunsets under paragraph (12).
The funds
remaining after the sunset of the Commission shall be returned to
the Treasury
for the sole purpose of deficit reduction.
(12)
This
subsection is repealed effective 60 days after the date on which
the President approves the
recommendations of the Reallocation Commission pursuant to
subsection
(d)(4).
(c)
Spectrum
utilization plan
(1)
As part of the budget justification documents submitted
to Congress in support of the budget submitted under section 1105
of title 31, United States Code, for each fiscal year, the head of each
Federal entity shall include a spectrum utilization plan.
(2)
A
spectrum utilization plan submitted by the head of a Federal entity
under paragraph (1) shall include—
(A)
the total spectrum
authorized for the entity (in percentage terms and in sum) in each
band the
entity uses;
(B)
the approximate
number of transmitters, end-user terminals, or receivers, excluding
unintended
radiators, that have been deployed by the entity or authorized to
be used by
the entity;
(C)
if such
information is available—
(i)
the type of
transmitters, end-user terminals, or receivers, excluding
unintended radiators,
operated by the entity and whether they are space-, air-, or
ground-based;
(ii)
the type of
transmitters, end-user terminals, or receivers, excluding
unintended radiators,
authorized to be operated by the entity and whether they are
space-, air-, or
ground-based;
(iii)
contour maps or
other information that illustrates the coverage area, receiver
performance, and
other parameters relevant to an assessment of the availability of
spectrum in
each band used by the entity;
(iv)
the approximate
geolocation of base stations or fixed transmitters used by the
entity;
(v)
the approximate
extent of use, by geography, of each band of frequencies used by
the entity,
such as the amount and percentage of time of use, number of
end-users, or other
measures as appropriate to the particular band;
(vi)
the activities, capabilities, functions, or
missions supported by the transmitters, end-user terminals, or
receivers used
by the entity; and
(vii)
the types of
unlicensed devices authorized to be operated by the entity;
(D)
the opportunity
cost borne by the entity for each spectrum band the entity uses;
(E)
the planned uses
of technologies or expanded services requiring spectrum for a
period of time
agreed to by the entity; and
(F)
suggested
spectrum-efficient approaches to meeting the spectrum requirements
identified
under subparagraph (E).
(3)
The
head of each Federal entity required to submit a spectrum
utilization plan
under paragraph (1) shall submit a copy of each plan submitted
under such
paragraph to the Reallocation Commission, the Secretary, and the
NTIA.
(4)
National
security; classified information
(A)
If the head of a Federal entity determines that
disclosure of information required under paragraph (1) would be
harmful to the
national security of the United States, such head shall—
(i)
notify the
Secretary of such determination; and
(ii)
provide to the
Secretary—
(I)
the other publicly
releasable information required under paragraph (1);
(II)
to the maximum
extent practicable, a summary description of the information with
respect to
which the determination was made; and
(III)
an annex
containing the information with respect to which the determination
was
made.
(B)
If the head of a Federal entity determines that any
information required under paragraph (1) is classified in
accordance with
Executive Order 13526 (50 U.S.C. 435 note) or any successor
Executive order
establishing or modifying the uniform system for classifying,
safeguarding, and
declassifying national security information, such head shall—
(i)
notify the
Secretary of such determination; and
(ii)
provide to the
Secretary—
(I)
the information
required under paragraph (1) that is not classified;
(II)
to the maximum
extent practicable, a summary description of the information that
is
classified; and
(III)
an annex
containing the information that is classified.
(C)
(i)Availability to NTIA and Relocation CommissionThe Secretary shall make an annex described in
subparagraph (A)(ii)(III) or (B)(ii)(III) available to the NTIA and
the
Relocation Commission.(ii)The NTIA, the Secretary, and the Relocation
Commission
shall not make an annex described in
subparagraph (A)(ii)(III) or (B)(ii)(III) available to the public
or to any
unauthorized
person through any means.
(d)
Procedure for
making recommendations for spectrum reallocation
(1)
Recommendations
by Secretary of Commerce
Not later than 18 months after the date on which the
President submits the budget documents that include spectrum
utilization plans
described in subsection (c) to Congress for the first fiscal year
following the
date of enactment of this section, the Secretary shall prepare and
submit to
the appropriate congressional committees, the Comptroller General
of the United
States, and the Reallocation Commission a report identifying and
recommending
for reallocation bands of frequencies—
(A)
that are allocated
on a primary basis for Federal Government use;
(B)
that—
(i)
are not required
for the needs of the Federal Government at the time the report is
submitted;
or
(ii)
will not be
required for such needs in the identifiable future; and
(C)
that can feasibly
be made available, as of the date of submission of the report or at
any time
during the 5-year period beginning on such date, for assignment
through a
system of competitive bidding under section 309(j) of the
Communications Act of
1934 (47 U.S.C. 309(j)).
(2)
Criteria for
identification
(A)Needs of the
Federal Government
In determining whether a band of frequencies
meets one of the criteria specified in paragraph (1)(B), the
Secretary
shall—
(i)
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, or whether the communications
services
provided on such frequencies could be relocated to other
frequencies used by
the Federal Government;
(ii)
seek to
promote—
(I)
the maximum
practicable reliance on commercially available substitutes;
(II)
the efficient use
of spectrum by Federal Government stations;
(III)
the development
and use of new communications technologies; and
(IV)
the use of
nonradiating communications systems where practicable; and
(iii)
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.
(B)
(i)
The Secretary shall encourage and provide opportunities
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 under paragraph (1).
(ii)
Hearings and
public comment
(I)As part of the discussions required under clause
(i), the Secretary shall conduct public hearings and accept public
comment on
the recommendations.(II)All testimony before the Secretary at a public
hearing
conducted under this clause shall be presented under oath.(III)All
testimony and
public comments collected under this clause shall be made available
on a public
website.
(iii)
A
representative of the Reallocation Commission, and of the Secretary
at the
election of the Secretary, may attend any discussion held under
clause
(i).
(iv)
The Secretary shall provide the public and the
Reallocation Commission with an opportunity to comment on the
results of a
discussion held under clause (i) before the Secretary submits the
recommendation required under paragraph (1).
(3)
Review and
recommendations by the Reallocation Commission
(A)
(i)
After receiving the recommendations from the Secretary
under paragraph (1), the Reallocation Commission shall review and
analyze the
recommendations.(ii)New and innovative management techniques and technologiesIn conducting the review and analysis under clause (i), the Reallocation Commission shall give
priority to recommendations that make accommodation for new and innovative
management techniques and technologies for maximizing the value and use of
spectrum.
(iii)
(I)As
part of the review and analysis required under clause (i), the
Reallocation
Commission shall conduct public hearings on the recommendations.(II)All testimony
before the Reallocation Commission at a public hearing conducted
under this
clause shall be presented under oath.
(B)
(i)
Not later than 180 days after the date on which the Secretary submits
recommendations under paragraph (1) to the Reallocation Commission,
the
Reallocation Commission shall submit to the President and the
appropriate
congressional committees a report on the findings and conclusions
of the
Reallocation Commission from the review and analysis conducted
under
subparagraph (A), including any recommendations for Federal
spectrum
reallocation.
(ii)
A
report submitted under clause (i) shall contain an explanation and
justification of any recommendation for Federal spectrum
reallocation included
in the report that is different from the recommendations submitted
by the
Secretary under paragraph (1).
(C)
Transmission of
information to Congress
After the Reallocation Commission submits
recommendations to the President under subparagraph (B), upon
request by a
Member of Congress, the Reallocation Commission shall provide to
the Member of
Congress any information used by the Reallocation Commission in
making the
recommendations.
(D)
The Comptroller General of the United States
shall—
(i)
assist the
Reallocation Commission, to the extent requested, in the review and
analysis
under subparagraph (A); and
(ii)
not later than 90
days after the date on which the Secretary makes recommendations
under paragraph (1), submit to
Congress and to the Reallocation Commission a report that contains
a detailed
analysis of the recommendations and selection process of the
Secretary.
(4)
(A)
Not later than 30 days after the date on which the Reallocation Commission
submits recommendations for Federal spectrum reallocation under
paragraph
(3)(B), the President shall—
(i)
determine whether
to approve the recommendations made by the Reallocation Commission;
and
(ii)
submit to
Congress and the Reallocation Commission a report that describes
the
determination made under clause (i).
(B)
If
the President approves the recommendations under subparagraph
(A)(i), the
President shall submit a copy of the recommendations to Congress.
(C)
(i)
If the President
disapproves the recommendations under subparagraph (A)(i), the
President shall
submit to Congress and to the Reallocation Commission a report that
describes
the reasons that the President disapproves of the recommendations.
(ii)
Reallocation
Commission revisions
Not later than 60 days after the date on which the President
submits to the Reallocation Commission a report under clause (i),
the
Reallocation Commission shall submit to the President a revised
list of
recommendations for reallocation of Federal spectrum.
(iii)
Approval and
disapproval of revisions
(I)
If
the President approves the revised list of recommendations
submitted by the
Reallocation Commission under clause (ii), the President shall
submit the
revised list to Congress.
(II)
If
the President disapproves the revised list of recommendations
submitted by the
Reallocation Commission under clause (ii), the President and the
Reallocation
Commission shall complete the requirements described in clauses (i)
and (ii)
until the President approves recommendations from the Reallocation
Commission.
(5)
Public
disclosure and nondisclosure
(A)
If the head of an Executive agency or Federal entity, the
Chairperson, or the President determines that public disclosure of
any
information contained in the reports, recommendations, testimony,
or comments
required under this section would reveal classified national
security
information or other information for which there is a legal basis
for
nondisclosure and such public disclosure would be detrimental to
national
security, homeland security, or public safety or would jeopardize
law
enforcement investigations, the head of the Executive agency or
Federal entity,
the Chairperson, or the President shall notify the Secretary of
that
determination prior to release of such information.
(B)
(i)
If the head of an Executive agency or Federal entity, the
Chairperson, or the President notifies the Secretary of a
determination under
subparagraph (A), the information required to be disclosed under
this section
shall be included in a separate classified annex, as needed.
(ii)
A
classified annex described under clause (i)—
(I)
shall be provided to the subcommittees of
primary jurisdiction of the committees of primary jurisdiction of
the Senate
and House of Representatives in accordance with appropriate
national security
stipulations; and
(II)
shall not be
disclosed to the public or provided to any unauthorized person
through any
means.
(e)
Reallocation of
Federal Spectrum
(1)
(A)
Not later than 180 days after the date on which the
President submits approved recommendations for the reallocation of
Federal
spectrum to Congress under subparagraph (B) or (C)(iii)(I) of
subsection
(d)(4), the NTIA shall provide to each Federal entity that is
required to take
action under the recommendations information regarding an
alternative frequency
assignment to which the radio communications operations of the
Federal entity
could be relocated for purposes of calculating the estimated
relocation or sharing costs
and timeline required under subparagraph (C).
(B)
To
the extent practicable and consistent with national security
considerations,
the NTIA shall provide the information described in subparagraph
(A) by the
geographic location of the facilities or systems of the Federal
entity and the
frequency bands used by the facilities or systems.
(C)
(i)
Not later than 1 year after the date on which the
President submits approved recommendations for the reallocation of
Federal
spectrum to Congress under subparagraph (B) or (C)(iii)(I) of
subsection
(d)(4), the head of each Federal entity required to relocate
spectrum under the
recommendations shall prepare and submit to the President, the
appropriate
congressional committees, the NTIA, the Federal Communications
Commission, the
Director of the Office of Management and Budget, and the
Comptroller General of
the United States a plan for implementation of the recommendations
related to
the Federal entity.
(ii)
An
implementation plan submitted by a Federal entity under clause (i)
shall include—
(I)
a description of
how the Federal entity will comply with the approved
recommendations for the
reallocation of Federal spectrum submitted to Congress under
subparagraph (B)
or (C)(iii)(I) of subsection (d)(4);
(II)
any statutory or
regulatory barriers that will prohibit the Federal entity from
complying with
the recommendations described in subclause (I);
(III)
the estimated
cost to the Federal entity of frequency withdrawal or relocation;
and
(IV)
the estimated
timeline of the Federal entity for frequency withdrawal or
relocation.
(D)
Review of
implementation plan
(i)Not later than 30 days after the date on which an implementation plan
is submitted under subparagraph (C), the Director of the Office of
Management
and Budget shall review and determine whether to
approve the implementation plan.
(ii)
If
an implementation plan submitted under subparagraph (C) is
disapproved by the
Director of the Office of Management and Budget, the Federal entity
that submitted the implementation plan shall
submit a revised implementation plan under such subparagraph, and
the
submission and review process shall continue until an
implementation plan is
approved.
(iii)
Not later than 7 days after the date on which the
Director of the Office of Management and Budget approves the plans
submitted
under subparagraph (C), the Director shall notify the Federal
Communications
Commission of the estimated relocation or sharing costs and
timelines of all
Federal
entities required to submit a plan under such subparagraph.
(iv)
(I)At the beginning of each fiscal year following approval
of a plan required under subparagraph (C), the Director of the
Office of
Management and Budget shall review the progress of the Federal
entity in
meeting the cost and timelines of the implementation plan.(II)If, at
any point while conducting a review under subclause (I),
the Director determines the Federal entity will not meet the
implementation
plan cost or timelines, the Director shall take action to enforce
the approved
plan.
(E)
(i)
Initiation of
required action
Not later than 2 years after the date on which
the President submits approved recommendations for the reallocation
of Federal
spectrum to Congress under subparagraph (B) or (C)(iii)(I) of
subsection
(d)(4), the head of each Federal entity shall initiate all actions
required to comply with the approved recommendations.
(ii)
Completion of
required action
Not later than 5 years after the date on which
the President submits approved recommendations for the reallocation
of Federal
spectrum to Congress under subparagraph (B) or (C)(iii)(I) of
subsection
(d)(4), the head of each Federal entity shall complete all actions
required to comply with the approved recommendations.
(2)
Congressional
Disapproval
(A)
No Federal entity may initiate any action in accordance
with the approved recommendations for the reallocation of Federal
spectrum
submitted to Congress by the President under subparagraph (B) or
(C)(iii)(I) of
subsection (d)(4) if there is enacted a joint resolution
disapproving the
recommendations before the earlier of—
(i)
the end of the
45-day period beginning on the date on which the President submits
the
recommendations to Congress under subparagraph (B) or (C)(iii)(I)
of subsection
(d)(4); or
(ii)
the adjournment
of Congress sine die for the session during which the
recommendations described
in clause (i) are submitted.
(B)
Computation of
time period
The days on which either the Senate or the House of
Representatives is not in session because of an adjournment for
more than 3
days to a day certain shall be excluded in the computation of the
time period
described in subparagraph (A)(i).
(3)
Notification of
successful relocation
The President shall terminate the
authorization of a Federal entity and notify the Secretary and the
Federal
Communications Commission of the termination if—
(A)
the NTIA
determines that a Federal entity has achieved comparable capability
of systems
by relocating to a new frequency assignment or by utilizing an
alternative
technology; or
(B)
the Federal entity
has unreasonably failed to comply with the timeline for relocation
approved by
the Director of the Office of Management and Budget under paragraph
(1)(D).
(f)
Auction of
available frequencies
(1)
Not later than 18
months after the date on which the President submits approved
recommendations
for the reallocation of Federal spectrum to Congress under
subparagraph (B) or
(C)(iii)(I) of subsection (d)(4), the Federal Communications
Commission shall
promulgate rules for the conduct of auctions of frequencies that
will be made
available according to such recommendations for assignment of new
initial
licenses subject to new service rules or for other purposes.
(2)
In
promulgating rules under paragraph (1), the Federal Communications
Commission
shall—
(A)
minimize the cost
to the taxpayer of the transition of the spectrum to be auctioned
to its newly
identified use; and
(B)
ensure that any licensing conditions
established are restricted to interference protections and ethical,
geographic,
and financial qualifications of licensees.
(3)
Not later than 2 years after the date on which the
President submits approved recommendations for the reallocation of
Federal
spectrum to Congress under subparagraph (B) or (C)(iii)(I) of
subsection
(d)(4), the Federal Communications Commission shall commence
auctions under
this subsection.
(g)
Relocation of
Federal Government stations
(1)
relocation or sharing costs
Any Federal entity that operates a Federal Government
station assigned to a band of frequencies and that incurs
relocation or sharing costs
because of the reallocation of frequencies from Federal use to
non-Federal use
pursuant to this section shall receive payment for such costs from
the Spectrum
Relocation Fund, in accordance with section 118.
(2)
Federal action
to expedite spectrum transfer
Any Federal Government station
that operates on electromagnetic spectrum that has been identified
in the
approved recommendations for the reallocation of Federal spectrum
submitted to
Congress by the President under subparagraph (B) or (C)(iii)(I) of
subsection
(d)(4) shall, to the maximum extent practicable through the use of
the
authority granted under this section and any other applicable
provision of law,
take action to relocate its spectrum use to other frequencies that
are
allocated for Federal use or to consolidate its spectrum use with
other Federal
Government stations in a manner that maximizes the spectrum
available for
non-Federal use.
(3)
If a Federal entity does not comply with the timeline
established in the implementation plan of the entity that was
approved under
subsection (e)(1)(D), Congress may decrease the amount appropriated
to the
entity in the following fiscal year by up to ½ of 1
percent.
(4)
Equipment
upgrades for Department of Defense
If a band of frequencies assigned to the
Department of Defense is reallocated from Federal use to
non-Federal use
pursuant to this section, the relocation or sharing costs for which
the
Department may
receive payment from the Spectrum Relocation Fund under section 118
shall
include the costs of replacement with state-of-the-art equipment of
any of the
equipment used for relocated operations, whether or not such
replacement is
necessary to achieve comparable capability of systems, if the
Secretary of
Defense considers such replacement appropriate.
(h)
Treatment of
certain spectrum subject to other reallocation processes
In the
case of spectrum that has been identified for reallocation, is in
the process
of being reallocated, or has been reallocated from Federal to
non-Federal use
under any other provision of law or administrative process, but
with respect to
relocation from which the Federal entity being relocated has not
received
payment for relocation or sharing costs, such spectrum shall be
treated as
spectrum
allocated for Federal use that may be recommended for reallocation
by the
Secretary, the Reallocation Commission, or the President under this
section.
.
(b)
Technical and
conforming amendments
(1)
Section 309(j) of the Communications Act of 1934 (47
U.S.C. 309(j)) is amended—
(A)
in paragraph (3),
by striking subparagraph (F) and inserting the following:
(F)
for any auction of—
(i)
eligible frequencies
described in section 113(g)(2) of the National Telecommunications
and
Information Administration Organization Act (47 U.S.C. 923(g)(2)),
the recovery of 110
percent of estimated relocation or sharing costs as provided to the
Commission under
section 113(g)(4) of such
Act; and
(ii)
frequencies described in section 120(f)(1) of the National Telecommunications and
Information Administration Organization Act, the recovery of 110
percent of estimated relocation or sharing costs as provided to the
Commission
under
section 120(e)(1)(D)(iii) of such Act.
;
(B)
in paragraph
(8)(D)—
(i)
in clause (i), by inserting or (iii)
after provided in clause (ii)
; and
(ii)
by
adding at the end the following:
(iii)
Proceeds relating to Maximizing Spectrum Efficiency and Value Act of 2013
With respect to each auction of frequencies
described in section 120(f)(1) of the National Telecommunications
and Information Administration Organization Act—(I)an amount of the proceeds
equal to
the estimated relocation or sharing costs provided to the
Commission under
section 120(e)(1)(D)(iii) of such Act for relocation of Federal entities
from the frequencies being
assigned through such auction shall be deposited in the Spectrum
Relocation
Fund; and(II)the remainder of the proceeds shall be deposited in the general fund of the
Treasury for
the sole purpose of deficit reduction.
;
and
(C)
in paragraph
(16)—
(i)
in
the header, by striking eligible frequencies
and inserting
reallocated Federal
spectrum
;
(ii)
by
striking subparagraphs (A) and (B) and inserting the following:
(A)
The Commission shall revise the regulations
prescribed under paragraph (4)(F) to prescribe methods by which—
(i)
the total cash proceeds from any auction of
eligible frequencies described in section 113(g)(2) of the National
Telecommunications and Information Administration Organization Act
(47 U.S.C.
923(g)(2)) shall at least equal 110 percent of the total estimated
relocation
or sharing costs provided to the Commission pursuant to section
113(g)(4) of such Act;
and
(ii)
the total cash
proceeds from any auction of frequencies described in section
120(f)(1) of such
Act shall at least equal 110 percent of the total estimated
relocation or sharing costs
provided to the Commission pursuant to section 120(e)(1)(D)(iii) of
such
Act.
(B)
Conclusion of
auctions contingent on minimum proceeds
(i)
The Commission may not conclude any auction—
(I)
of eligible frequencies described in
section 113(g)(2) of the National Telecommunications and
Information
Administration Organization Act (47 U.S.C. 923(g)(2)) if the total
cash
proceeds attributable to such spectrum are less than 110 percent of
the total
estimated relocation or sharing costs provided to the Commission
pursuant to section
113(g)(4) of such Act; or
(II)
of frequencies
described in section 120(f)(1) of such Act if the total cash
proceeds
attributable to such spectrum are less than 110 percent of the
total estimated
relocation or sharing costs provided to the Commission pursuant to
section
120(e)(1)(D)(iii) of such Act.
(ii)
Inability to
conclude auction
If the Commission is unable to conclude an
auction because of the requirement of subclause (I) or (II) of
clause (i), the
Commission shall cancel the auction, return within 45 days after
the auction
cancellation date any deposits from participating bidders held in
escrow, and
absolve such bidders from any obligation to the United States to
bid in any
subsequent reauction of such spectrum.
;
and
(iii)
in
subparagraph (C)—
(I)
by striking
eligible frequencies
and inserting frequencies
;
and
(II)
by striking
an eligible Federal entity’s
and inserting a Federal
entity’s
.
(2)
Separation from
relocation process under section 113 of the NTIA Organization Act
Section 113(g)(2)(B) of the National
Telecommunications and Information Administration Organization Act (47
U.S.C.
923(g)(2)(B)) is amended by inserting before the period at the end the
following: , or frequencies described in section 120(f)(1) of this Act
.
(3)
Section 118 of the National Telecommunications
and Information Administration Organization Act (47 U.S.C. 928) is
amended—
(A)
by striking
subsection (c) and inserting the following:
(c)
Used To pay
relocation or sharing costs
The amounts in the Fund—
(1)
from auctions of eligible frequencies
described in section 113(g)(2) are authorized to be used to pay
relocation or sharing
costs, as defined in section 113(g)(3), of an eligible Federal
entity incurring
such costs with respect to relocation from or sharing of those
frequencies; and
(2)
from auctions of
frequencies described in section 120(f)(1) are authorized to be
used to pay
relocation or sharing costs, as defined in section 120(a)(7), of a
Federal
entity
incurring such costs with respect to relocation from those
frequencies.
;
(B)
in subsection
(d)—
(i)
in paragraph (1), by striking subsection (c) of this section
and inserting paragraph (1) and the relocation or sharing costs specified in paragraph (2) of subsection (c)
; and
(ii)
in paragraph (2)—
(I)
in
the matter before subparagraph (A), by striking eligible
;
(II)
in
subparagraph (C), by striking for approval
each place it
appears; and
(III)
in
the matter after subparagraph (C), by striking Unless
disapproved
and all that follows and inserting In the case of an
initial transfer to a Federal entity incurring relocation or sharing costs
with
respect to
relocation from frequencies described in section 120(f)(1), approval of
the
implementation plan of the entity under section 120(e)(1)(D) constitutes
approval under subparagraph (B).
; and
(C)
in subsection
(e)—
(i)
in
the header, by striking Eligible
;
(ii)
in
paragraph (1)—
(I)
in subparagraph (A), by striking
section 113(g)(1) of this Act
and inserting section
113(g)(1), or Federal entities incurring relocation or sharing costs with
respect to
relocation from frequencies described in section 120(f)(1)
;
(II)
in subparagraph (B), by striking An
eligible Federal entity
and inserting A Federal entity
;
and
(III)
in subparagraph
(C), by striking eligible
; and
(iii)
in paragraph (2), by striking An
eligible Federal entity
and inserting A Federal
entity
.
4.
Prohibition
against certain conditions on licensure and auction participation
Section 309(j) of the Communications Act of
1934, as amended by section 3(b)(1), is further amended by adding at the
end
the following:
(18)
Prohibition
against certain conditions on licensure and auction participation
The Commission may not—
(A)
establish on a license for the use of
spectrum frequencies any condition relating to its Report and Order
with regard
to Preserving the Open Internet; Broadband Industry Practices (GN
Docket No.
09–191, WC Docket No. 07–52) (adopted December 21, 2010);
(B)
restrict the number or type of bidders or
any specific bidder from participating in any public auction for
the assignment
of licenses for the use of spectrum frequencies;
(C)
prescribe the
rates or terms of or otherwise condition services that may be
offered by
successful bidders in any such auction; or
(D)
notwithstanding
section 316, impose any additional license requirements or rules on
successful
bidders once any such auction has been
completed.
.