[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 857 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 857

To establish procedures to improve the allocation and assignment of the 
           electromagnetic spectrum, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 4, 1993

 Mr. Oxley (for himself, Mr. Gillmor, and Mr. Hastert) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

                            November 4, 1993

 Additional sponsors: Mr. Armey, Mr. Zimmer, Mr. Baker of California, 
           Mr. Royce, Mr. Cox, Mr. Packard, and Mr. Doolittle

_______________________________________________________________________

                                 A BILL


 
To establish procedures to improve the allocation and assignment of the 
           electromagnetic spectrum, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emerging Telecommunications 
Technologies Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) spectrum is a valuable natural resource;
            (2) it is in the national interest that this resource be 
        used more efficiently;
            (3) the spectrum below 6 gigahertz (GHz) is becoming 
        increasingly congested, and, as a result entities that develop 
        innovative new spectrum-based services are finding it difficult 
        to bring these services to the marketplace;
            (4) scarcity of assignable frequencies can and will--
                    (A) impede the development and commercialization of 
                new spectrum-based products and services;
                    (B) reduce the capacity and efficiency of the 
                United States telecommunications system; and
                    (C) adversely affect the productive capacity and 
                international competitiveness of the United States 
                economy;
            (5) the United States Government presently lacks explicit 
        authority to use excess radiocommunications capacity to satisfy 
        non-United States Government requirements;
            (6) more efficient use of the spectrum can provide the 
        resources for increased economic returns;
            (7) many commercial users derive significant economic 
        benefits from their spectrum licenses, both through the income 
        they earn from their use of the spectrum and the returns they 
        realize upon transfer of their licenses to third parties; but 
        under current procedures, the United States public does not 
        sufficiently share in their benefits;
            (8) many United States Government functions and 
        responsibilities depend heavily on the use of the radio 
        spectrum, involve unique applications, and are performed in the 
        broad national and public interest;
            (9) competitive bidding for spectrum can yield significant 
        benefits for the United States economy by increasing the 
        efficiency of spectrum allocations, assignment, and use; and 
        for United States taxpayers by producing substantial revenues 
        for the United States Treasury; and
            (10) the Secretary, the President, and the Commission 
        should be directed to take appropriate steps to foster the more 
        efficient use of this valuable national resource, including the 
        reallocation of a target amount of 200 megahertz (MHz) of 
        spectrum from United States Government use under section 305 of 
        the Communications Act (47 U.S.C. 305) to non-United States 
        Government use pursuant to other provisions of the 
        Communications Act and the implementation of competitive 
        bidding procedures by the Commission for some new assignments 
        of the spectrum.

SEC. 3. NATIONAL SPECTRUM PLANNING.

    (a) Planning Activities.--The Secretary and the Chairman of the 
Commission shall, at least twice each year, conduct joint spectrum 
planning meetings with respect to the following issues:
            (1) future spectrum needs;
            (2) the spectrum allocation actions necessary to 
        accommodate those needs, including consideration of innovation 
        and marketplace developments that may affect the relative 
        efficiencies of different portions of the spectrum; and
            (3) actions necessary to promote the efficient use of the 
        spectrum, including proven spectrum management techniques to 
        promote increased shared use of the spectrum as a means of 
        increasing non-United States Government access, and innovation 
        in spectrum utilization including means of providing incentives 
        for spectrum users to develop innovative services and 
        technologies.
    (b) Reports.--The Secretary and the Chairman of the Commission 
shall submit a joint annual report to the President on the joint 
spectrum planning meetings conducted under subsection (a) and any 
recommendations for action developed in such meetings.
    (c) Open Process.--The Secretary and the Commission will conduct an 
open process under this section to ensure the full consideration and 
exchange of views among any interested entities, including all private, 
public, commercial, and governmental interests.

SEC. 4. IDENTIFICATION OF REALLOCABLE FREQUENCIES.

    (a) Identification Required.--The Secretary shall prepare and 
submit to the President the reports required by subsection (d) to 
identify bands of frequencies that--
            (1) are allocated on a primary basis for United States 
        Government use and eligible for licensing pursuant to section 
        305(a) of the Communications Act (47 U.S.C. 305(a));
            (2) are not required for the present or identifiable future 
        needs of the United States Government;
            (3) can feasibly be made available during the next 15 years 
        after enactment of this Act for use under the provisions of the 
        Communications Act for non-United States Government users;
            (4) will not result in costs to the Federal Government that 
        are excessive in relation to the benefits that may be obtained 
        from the potential non-United States Government uses; and
            (5) are likely to have significant value for non-United 
        States Government uses under the Communications Act.
    (b) Amount of Spectrum Recommended.--
            (1) In general.--The Secretary shall recommend as a goal 
        for reallocation, for use by non-United States Government 
        stations, bands of frequencies constituting a target amount of 
        200 MHz, that are located below 6 GHz, and that meet the 
        criteria specified in paragraphs (1) through (5) of subsection 
        (a). If the Secretary identifies (as meeting such criteria) 
        bands of frequencies totalling more than 200 MHz, the Secretary 
        shall identify and recommend for reallocation those bands 
        (totalling not less than 200 MHz) that are likely to have the 
        greatest potential for non-United States Government uses under 
        the Communications Act.
            (2) Mixed uses permitted to be counted.--Bands of 
        frequencies which the Secretary recommends be partially 
        retained for use by United States Government stations, but 
        which are also recommended to be reallocated and made available 
        under the Communications Act for use by non-United States 
        Government stations, may be counted toward the target 200 MHz 
        of spectrum 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 amount targeted 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 
                United States Government stations under section 305 of 
                the Communications 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 which 
                United States Government stations is substantially less 
                (as measured by geographic area, time, or otherwise) 
                than the potential United States Government use to be 
                made; and
                    (C) the operational sharing permitted under this 
                paragraph shall be subject to procedures which the 
                Commission and the Department of Commerce shall 
                establish and implement to ensure against harmful 
                interference.
    (c) Criteria for Identification.--
            (1) Needs of the united states 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;
                    (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 United States 
                        Government services and operations;
                            (ii) excessive costs to the United States 
                        Government and civilian users of such 
                        Government services; and
                            (iii) identification of any bands for 
                        reallocation that are likely to be subject to 
                        substitution for the reasons specified in 
                        section 5(b)(2) (A) through (C).
            (2) Feasibility of use.--In determining whether a frequency 
        band meets the criteria specified in subsection (a)(3), the 
        Secretary shall--
                    (A) assume such frequencies will be assigned by the 
                Commission under section 303 of the Communications Act 
                (47 U.S.C. 303) over the course of fifteen years after 
                the enactment of this Act;
                    (B) assume reasonable rates of scientific progress 
                and growth of demand for telecommunications services;
                    (C) determine the extent to which the reallocation 
                or reassignment will relieve actual or potential 
                scarcity of frequencies available for non-United States 
                Government use;
                    (D) seek to include frequencies which can be used 
                to stimulate the development of new technologies; and
                    (E) consider the cost to reestablish United States 
                Government services displaced by the reallocation of 
                spectrum during the fifteen year period.
            (3) Costs to the united states government.--In determining 
        whether a frequency band meets the criteria specified in 
        subsection (a)(4), the Secretary shall consider--
                    (A) the costs to the United States Government of 
                reaccommodating its services in order to make spectrum 
                available for non-United States Government use, 
                including the incremental costs directly attributable 
                to the loss of the use of the frequency band; and
                    (B) the benefits that could be obtained from 
                reallocating such spectrum to non-United States 
                Government users, including the value of such spectrum 
                in promoting--
                            (i) the delivery of improved service to the 
                        public;
                            (ii) the introduction of new services; and
                            (iii) the development of new communications 
                        technologies.
            (4) Non-united states government use.--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 commercially 
                available that is capable of utilizing the band; and
                    (B) the proximity of frequencies that are already 
                assigned for non-United States Government use.
    (d) Procedure for Identification of Reallocable Bands of 
Frequencies.--
            (1) Submission of reports to the president.--
                    (A) Within 6 months after the date of the enactment 
                of this Act, the Secretary shall prepare and submit to 
                the President a report which specifically identifies an 
                initial 30 MHz of spectrum, to be made available for 
                reallocation upon issuance of this report, and to be 
                distributed by the Commission pursuant to competitive 
                bidding procedures.
                    (B) Within 12 months after the date of the 
                enactment of this Act, the Secretary shall prepare and 
                submit to the President a preliminary report to 
                identify reallocable bands of frequencies meeting the 
                criteria established by this section.
                    (C) Within 24 months after the date of enactment of 
                this Act, the Secretary shall prepare and submit to the 
                President a final report which identifies the target 
                200 MHz for reallocation (which shall encompass the 
                initial 30 MHz previously designated under subparagraph 
                (A) of this paragraph).
                    (D) The President shall publish the reports 
                required by this paragraph in the Federal Register.
            (2) Convening of private sector advisory committee.--Not 
        later than 12 months after the enactment of this Act, the 
        Secretary shall convene a private sector advisory committee 
        to--
                    (A) review the bands of frequencies identified in 
                the preliminary report required by paragraph (1)(B);
                    (B) advise the Secretary with respect to--
                            (i) the bands of frequencies which should 
                        be included in the final report required by 
                        paragraph (1)(C); and
                            (ii) the effective dates which should be 
                        established under subsection (e) with respect 
                        to such frequencies; and
                    (C) receives public comment on the Secretary's 
                preliminary and final reports under this subsection.
        The private sector advisory committee shall meet at least 
        quarterly until each of the actions required by section 5(a) 
        have taken place.
            (3) Composition of committee; chairman.--The private sector 
        advisor committee shall include--
                    (A) the Chairman of the Commission, and the 
                Secretary, or their designated representatives, and two 
                other representatives from two different United States 
                Government agencies that are spectrum users, other than 
                the Department of Commerce, as such agencies may be 
                designated by the Secretary; and
                    (B) persons who are representative of--
                            (i) manufacturers of spectrum-dependent 
                        telecommunications equipment;
                            (ii) commercial users;
                            (iii) other users of the electromagnetic 
                        spectrum; and
                            (iv) other interested members of the public 
                        who are knowledgeable about the uses of the 
                        electromagnetic spectrum to be chosen by the 
                        Secretary.
        A majority of the members of the committee shall be members 
        described in subparagraph (B), and one of such members shall be 
        designated as chairman by the Secretary.
    (e) Timetable for Reallocation and Limitation.--The Secretary 
shall, as part of the final report required by subsection (d)(1)(C), 
include a timetable for the effective dates by which the President 
shall, within 15 years after enactment of this Act, withdraw or limit 
assignments on frequencies specified in the report. The recommended 
effective dates shall--
            (1) permit the earliest possible reallocation of the 
        frequency bands, taking into account the requirements of 
        section 6(a);
            (2) be based on the useful remaining life of equipment that 
        has been purchased or contracted for to operate on identified 
        frequencies;
            (3) be based on the need to coordinate frequency use with 
        other nations; and
            (4) avoid the imposition of incremental costs on the United 
        States Government directly attributable to the loss of the use 
        of frequencies or the changing to different frequencies that 
        are excessive in relation to the benefits that may be obtained 
        from non-United States Government uses of the reassigned 
        frequencies.

SEC. 5. WITHDRAWAL OF ASSIGNMENT TO UNITED STATES GOVERNMENT STATIONS.

    (a) In General.--The President shall--
            (1) within three months after receipt of the Secretary's 
        report under section 4(d)(1)(A), withdraw or limit the 
        assignment to a United States Government station of any 
        frequency on the initial 30 MHz which that report recommends 
        for immediate reallocation;
            (2) with respect to other frequencies recommended for 
        reallocation by the Secretary's report in section 4(d)(1)(C), 
        by the effective dates recommended pursuant to section 4(e) 
        (except as provided in section (b)(4)), withdraw or limit the 
        assignment to a United States Government station of any 
        frequency which that report recommends be reallocated or 
        available for mixed use on such effective dates;
            (3) assign or reassign other frequencies to United States 
        Government stations as necessary to adjust to such withdrawal 
        or limitation of assignments; and
            (4) publish in the Federal Register a notice and 
        description of the actions taken under this subsection.
    (b) Exceptions.--
            (1) Authority to substitute.--If the President determines 
        that a circumstance described in section 5(b)(2) exists, the 
        President--
                    (A) may, within one month after receipt of the 
                Secretary's report under section 4(d)(1)(A), and within 
                six months after receipt of the Secretary's report 
                under section 4(d)(1)(C), substitute an alternative 
                frequency or band of frequencies for the frequency or 
                band that is subject to such determination and withdraw 
                (or limit) the assignment of that alternative frequency 
                or band in the manner required by subsection (a); and
                    (B) shall publish in the Federal Register a 
                statement of the reasons for taking the action 
                described in subparagraph (A).
            (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 security interests of the United States;
                    (B) the frequency proposed for reassignment is 
                uniquely suited to meeting important United States 
                Governmental needs;
                    (C) the reassignment would seriously jeopardize 
                public health or safety; or
                    (D) the reassignment will result in incremental 
                costs to the United States Government that are 
                excessive in relation to the benefits that may be 
                obtained from non-United States Government uses of the 
                reassigned frequency.
            (3) Criteria for substituted frequencies.--For purposes of 
        paragraph (1), a frequency may not be substituted for a 
        frequency identified by the final report of the Secretary under 
        section 4(d)(1)(C) unless the substituted frequency also meets 
        each of the criteria specified by section 4(a).
            (4) Delays in implementation.--If the President determines 
        that any action cannot be completed by the effective dates 
        recommended by the Secretary pursuant to section 4(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 
        6, the President may--
                    (A) withdraw or limit the assignment to United 
                States Government stations on a later date that is 
                consistent with such plan, by providing notice to that 
                effect in the Federal Register, including the reason 
                that withdrawal at a later date is required; or
                    (B) substitute alternative frequencies pursuant to 
                the provisions of this subsection.
    (c) Costs of Withdrawing Frequencies Assigned to the United States 
Government; Appropriations Authorized.--Any United States Government 
licensee, or non-United States Government entity operating on behalf of 
a United States Government licensee, that is displaced from a frequency 
pursuant to this section may be reimbursed not more than the 
incremental costs it incurs, in such amounts as provided in advance in 
appropriation acts, that are directly attributable to the loss of the 
use of the frequency pursuant to this section. The estimates of these 
costs shall be prepared by the affected agency, in consultation with 
the Department of Commerce.
    (d) Appropriations Authorized.--There are authorized to be 
appropriated to the affected licensee agencies such sums as may be 
necessary to carry out the purposes of this section.

SEC. 6. DISTRIBUTION OF FREQUENCIES BY THE COMMISSION.

    (a) Plans Submitted.--
            (1) With respect to the initial 30 MHz to be reallocated 
        from United States Government to non-United States Government 
        use under section 4(d)(1)(A), not later than 24 months after 
        enactment of this Act, the Commission shall complete a public 
        notice and comment proceeding regarding the allocation of this 
        spectrum and shall form a plan to assign such spectrum pursuant 
        to competitive bidding procedures, pursuant to section 309(j) 
        of the Communications Act, during fiscal years 1996 through 
        1998.
            (2) With respect to the remaining spectrum to be 
        reallocated from United States Government to non-United States 
        Government use under section 4(e), not later than two years 
        after issuance of the report required by section 4(d)(1)(C), 
        the Commission shall complete a public notice and comment 
        proceeding; and the Commission shall, after consultation with 
        the Secretary, prepare and submit to the President a plan for 
        the distribution under the Communications Act of the frequency 
        bands reallocated pursuant to the requirements of this Act. 
        Such plan shall--
                    (A) not propose the immediate distribution of all 
                such frequencies, but, taking into account the 
                timetable recommended by the Secretary pursuant to 
                section 4(e), shall propose--
                            (i) gradually to distribute the frequencies 
                        remaining, after making the reservation 
                        required by subparagraph (ii), over the course 
                        of a ten-year period beginning on the date of 
                        submission of such plan; and
                            (ii) to reserve a significant portion of 
                        such frequencies for distribution beginning 
                        after the end of such ten-year period;
                    (B) contain appropriate provisions to ensure--
                            (i) the availability of frequencies for new 
                        technologies and services in accordance with 
                        the policies of section 7 of the Communications 
                        Act (47 U.S.C. 157); and
                            (ii) the availability of frequencies to 
                        stimulate the development of such technologies; 
                        and
                    (C) not prevent the Commission from allocating 
                bands of frequencies for specific uses in future 
                rulemaking proceedings.
    (b) Amendment to the Communications Act.--Section 303 of the 
Communications Act is amended by adding at the end thereof the 
following new subsection (u) (indicating that the Commission shall):
    ``(u) Have authority to assign the frequencies reallocated from 
United States Government use to non-United States Government use 
pursuant to the Emerging Telecommunications Technologies Act of 1993: 
Provided, That any such assignment shall expressly be made subject to 
the right of the President to reclaim such frequencies under the 
provisions of section 7 of the Emerging Telecommunications Technologies 
Act of 1993.''.

SEC. 7. AUTHORITY TO RECLAIM REASSIGNED FREQUENCIES.

    (a) Authority of President.--The President may reclaim reallocated 
frequencies for reassignment to United States Government stations in 
accordance with this section.
    (b) Procedure for Reclaiming Frequencies.--
            (1) Unassigned frequencies.--If the frequencies to be 
        reclaimed have not been assigned by the Commission, the 
        President may reclaim them based on the grounds described in 
        section 5(b)(2) of this Act.
            (2) Assigned frequencies.--If the frequencies to be 
        reclaimed have been assigned by the Commission, the President 
        may reclaim them based on the grounds described in section 
        5(b)(2) of this Act, except that the notification required by 
        section 5(b)(1) shall include--
                    (A) a timetable to accommodate an orderly 
                transition for licensees to obtain new frequencies and 
                equipment necessary for their utilization; and
                    (B) an estimate of the cost of displacing the 
                licensees.
    (c) Costs of Reclaiming Frequencies.--Any non-United States 
Government licensee that is displaced from a frequency pursuant to this 
section shall be reimbursed the incremental costs it incurs that are 
directly attributable to the loss of the use of the frequency pursuant 
to this section.
    (d) 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 Communications Act (47 U.S.C. 606).

SEC. 8. COMPETITIVE BIDDING.

    (a) Competitive Bidding Authorized.--Section 309 of the 
Communications Act is amended to add a new subsection (j) providing 
that:
    ``(j)(1) The Commission shall, subject to the exclusions listed in 
paragraph (2) of this subsection, use competitive bidding for awarding 
all initial licenses or new construction permits, including licenses 
and permits for spectrum reallocated for non-United States Government 
use pursuant to the Emerging Telecommunications Technologies Act of 
1993 in accordance with the following procedures:
            ``(A) The Commission shall require potential bidders to 
        file a first-stage application indicating an intent to 
        participate in the competitive bidding process and containing 
        such other information as the Commission finds necessary. After 
        conducting the bidding, the Commission shall require the 
        winning bidder to submit a second-stage application. Upon 
        determining that such application is acceptable for filing and 
        that the applicant is qualified pursuant to subparagraph (B) of 
        this paragraph, the Commission shall grant a permit or license.
            ``(B) No construction permit or license shall be granted to 
        an applicant selected pursuant to subparagraph (A) of this 
        paragraph unless the Commission determines that such applicant 
        is qualified pursuant to section 308(b) and section 309(a) of 
        the Communications Act, on the basis of the information 
        contained in the first- and second-stage applications submitted 
        under subparagraph (A) of this paragraph.
            ``(C) Each participant in the competitive bidding process 
        is subject to the schedule of changes contained in section 8 of 
        the Communications Act (47 U.S.C. 158).
            ``(D) The Commission shall have the authority in awarding 
        construction permits or licenses under competitive bidding 
        procedures to (i) define the geographic and frequency 
        limitations and technical requirements, if any, of such permits 
        or licenses; (ii) establish minimum acceptable competitive 
        bids; and (iii) establish other appropriate conditions on such 
        permits and licenses that will serve the public interest.
            ``(E) The Commission shall, within eighteen months after 
        enactment of the Emerging Telecommunications Technologies Act 
        of 1993, following public notice and comment proceedings, adopt 
        rules establishing competitive bidding procedures under this 
        subsection, including the method of bidding and the basis for 
        payment (such as flat fees, fixed or variable royalties, 
        combinations of flat fees and royalties, or other reasonable 
        forms of payment); and a plan for applying such competitive 
        bidding procedures to the initial 30 MHz reallocated from 
        United States Government to non-United States Government use 
        under section 4(d)(1)(A) of the Emerging Telecommunications 
        Technologies Act of 1993, to be distributed during the fiscal 
        years 1996 through 1998.
            ``(F) The Commission shall take into particular account the 
        new technological benefits derived from awarding construction 
        permits or licenses under competitive bidding procedures.
            ``(G) The Commission shall not exclude any qualified 
        applicant from bidding for initial licenses or permits for 
        spectrum under the competitive bidding procedures authorized by 
        this subsection. In determining qualified applicants, the 
        Commission shall require an applicant to establish threshold 
        technical and financial commitment requirements to ensure 
        against speculative ventures.
    ``(2) Competitive bidding shall not apply to:
            ``(A) license renewals;
            ``(B) the United States Government and State or local 
        government entities;
            ``(C) amateur operator services, public radio broadcast 
        services, public television broadcast services, public safety 
        services, and radio astronomy services;
            ``(D) private radio end-user licenses, such as Specialized 
        Mobile Radio Service (SMRS), maritime, and aeronautical end-
        user licenses;
            ``(E) any license grant to a non-United States Government 
        licensee being moved from its current frequency assignment to a 
        different one by the Commission in order to implement the goals 
        and objectives underlying the Emerging Telecommunications 
        Technologies Act of 1993;
            ``(F) any other service, class of services, or assignments 
        that the Commission determines, after conducting public comment 
        and notice proceedings, should be exempt from competitive 
        bidding because of public interest factors warranting an 
        exemption.''.
    (b) Random Selection Not To Apply When Competitive Bidding 
Required.--Section 309(i)(1) of the Communications Act (47 U.S.C. 309) 
is amended by inserting after ``selection'' the following: ``, except 
in instances where competitive bidding procedures are required under 
subsection (j) of this section''.
    (c) Spectrum Allocation Decisions.--Section 303 of the 
Communications Act is amended to add a new subsection (v):
    ``(v) In making spectrum allocation decisions among services that 
are subject to competitive bidding, the Commission is authorized to 
consider as one factor among others taken into account in making its 
determination, the relative economic values and other public interest 
benefits of the proposed uses as reflected in the potential revenues 
that would be collected under its competitive bidding procedures.''.

SEC. 9. DEFINITIONS.

    As used in this Act--
            (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 radiocommunications 
        services.
            (2) The term ``assignment'' means an authorization given by 
        the Commission or the United States Government for a radio 
        station to use a radio frequency or radio frequency channel.
            (3) The term ``Commission'' means the Federal 
        Communications Commission.
            (4) The term ``Communications Act'' means the 
        Communications Act of 1934, as amended (47 U.S.C. 151 et seq.).
            (5) The term ``Secretary'' means the Secretary of Commerce.

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