[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3019 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3019
To amend the National Telecommunications and Information Administration
Organization Act to improve the process of reallocation of spectrum
from Federal Government uses to commercial uses.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 24, 2009
Mr. Inslee (for himself, Mr. Upton, and Mr. Boucher) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the National Telecommunications and Information Administration
Organization Act to improve the process of reallocation of spectrum
from Federal Government uses to commercial uses.
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 ``Spectrum Relocation Improvement Act
of 2009''.
SEC. 2. RIGHTS AND RESPONSIBILITIES OF FEDERAL ENTITIES IN THE SPECTRUM
RELOCATION PROCESS.
(a) Eligible Federal Entities.--Section 113(g)(1) of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 923(g)(1)) is amended to read as follows:
``(1) Eligible federal entities.--Any Federal entity, as
defined in subsection (i), that operates a Federal Government
station assigned to a band of eligible frequencies, as
described in paragraph (2), and that incurs relocation costs
because of the reallocation of frequencies from Federal use to
non-Federal use shall receive payment for such costs from the
Spectrum Relocation Fund if the Federal entity is found by the
Office of Management and Budget (`OMB') to comply with the
requirements of this section and section 118. For purposes of
this paragraph, Federal power agencies exempted under
subsection (c)(4) that choose to relocate from the frequencies
identified for reallocation pursuant to subsection (a) are
eligible to receive payment under this paragraph.''.
(b) Public Information on Relocation Process.--Section 113(g) of
such Act (47 U.S.C. 923(g)) is amended by redesignating paragraph (6)
as paragraph (7) and by inserting after paragraph (5) the following new
paragraph:
``(6) Public notice of relocation plans.--
``(A) Not later than 60 days after the date on
which the NTIA, on behalf of eligible Federal entities
and after review by OMB, notifies the Commission of
estimated relocation costs and timelines for such
relocation as required by subsection (g)(4)(A), NTIA
shall post on its website detailed transition plans
from each of the eligible Federal entities. Each
Federal entity's transition plan shall provide the
public with the following information about its
spectrum relocation requirements:
``(i) Current use of the spectrum.
``(ii) Geographic location of the Federal
entities' facilities or systems.
``(iii) Frequency bands used by such
facilities or systems, described by geographic
location.
``(iv) The steps to be taken by the Federal
entity to relocate its current spectrum uses
from the eligible frequencies, detailed
according to timelines for specific geographic
locations in sufficient detail to indicate when
use of such frequencies at specific locations
will be shared between the Federal entity and
the commercial licensee.
``(v) The specific interactions between
eligible Federal entities and NTIA needed to
implement the transition plan.
``(vi) The professional staff, including
managers, who are responsible for the Federal
entity's relocation efforts and who are
authorized to meet and negotiate with
commercial licensees regarding the relocation
process.
``(vii) The Federal entity's plans and
timeline for using relocation funds received
from the Spectrum Relocation Fund.
``(viii) The Federal entity's plans and
timeline for procuring new equipment and
additional personnel needed for the relocation.
``(ix) The Federal entity's plans and
timeline for field-testing and deploying new
equipment needed in the relocation.
``(x) The Federal entity's plans and
timeline for hiring and relying on contract
personnel, if any.
``(xi) Risk factors in the relocation
process that could affect the Federal entity's
fulfillment of its transition plan.
``(B) To be eligible to receive payment for
relocation costs from the Spectrum Relocation Fund--
``(i) Federal entities shall make the
transition plans described in this subsection
available to NTIA at least 60 days prior to the
date that NTIA must make such plans publicly
available on its website pursuant to
subparagraph (A), in a common format to be
specified by NTIA after public input; and
``(ii) each transition plan shall be
evaluated by a standing 3-member technical
panel (in this section referred to as the
`Technical Panel'), which shall report to NTIA
and to the Federal entity, within 30 days after
the plan's submission to NTIA, on the
sufficiency of the plan under this paragraph,
including whether the required public
information is included and whether proposed
timelines and estimated relocation costs are
reasonable.
``(C) The Director of OMB, the Administrator of
NTIA, and the Chairman of the FCC shall each appoint
one member to the Technical Panel, and each such member
shall be a radio engineer or technical expert not
employed by, or a paid consultant to, any Federal or
State governmental agency. NTIA shall adopt regulations
to govern the workings of the Technical Panel after
public notice and comment, subject to OMB approval, and
the members of the Technical Panel shall be appointed,
within 180 days of the date of enactment of the
Spectrum Relocation Improvement Act of 2008.
``(D) If any of the information otherwise required
in subparagraph (g)(6) is `classified information,' as
that term is defined in section 798(b) of title 18,
United States Code, the Federal entity's transition
plan shall explain the exclusion of any such
information as specifically as possible, shall make all
relevant non-classified information available in its
transition plan, and shall discuss as a risk factor the
extent of the classified information and the effect on
the relocation process of the classified
information.''.
(c) Sharing and Coordination of Spectrum Between Commercial
Licensees and Federal Entities During Relocation Transition.--Section
118 of such Act (47 U.S.C. 928) is amended by adding at the end the
following new subsections:
``(f) Eligibility for Payment of Relocation Costs.--
``(1) Spectrum sharing.--To be eligible to receive payment
for relocation costs from the Spectrum Relocation Fund, a
Federal entity must--
``(A) in its transition plan for relocating its
current spectrum uses, provide, to the fullest extent
possible, for sharing and coordination of eligible
frequencies with commercial licensees, including
reasonable accommodation by the Federal entity for the
use of eligible frequencies by the commercial licensee
during the period that the Federal entity is relocating
its spectrum uses (in this subsection referred to as
the `transition period');
``(B) during the transition period, make itself
available, within 30 days after a written request, for
negotiation and discussion with commercial licensees;
and
``(C) during the transition period, make available
to a commercial licensee with appropriate security
clearances any `classified information' as that term is
defined in section 798(b) of title 18, United States
Code, regarding the relocation process, on a need-to-
know basis, to assist the commercial licensee in the
relocation process with that Federal entity or other
Federal entities.
``(2) Timely and successful completion of relocation.--In
addition to the conditions of paragraph (1), to be eligible to
receive payment for relocation costs from the Spectrum
Relocation Fund, a Federal entity must--
``(A) complete the relocation of its current
spectrum uses not later than 1 year after the date upon
which funds are transferred to the entity to fund the
relocation unless, prior to the date that NTIA is
required to post publicly the Federal entity's
transition plan, the Federal entity receives written
approval from OMB, with advice of NTIA, for a different
time period for completion; and
``(B) make available to NTIA, not later than 15
days prior to the date that is the halfway point of the
time period described in subparagraph (A), a complete
update of its transition plan. NTIA shall post such
update publicly on its website not later than the date
that is the halfway point of the time period described
in subparagraph (A).
``(3) Nothing in paragraphs (1) or (2) shall be construed
to adversely affect critical communications related to the
mission of any Federal entity.
``(4) Subject to subsection (d), payments for relocation
costs from the Spectrum Relocation Fund shall be made to an
eligible Federal entity not later than 30 days after the grant
of the first license following the close of the auction.
``(g) Dispute Resolution Process.--
``(1) If, during the spectrum relocation process, a dispute
arises over the execution, timing, or cost of the Federal
entity's transition plan, either the Federal entity or the
affected commercial licensee may seek resolution of the dispute
from a 3-member dispute resolution board, consisting of a
representative of OMB, NTIA, and the Commission, and chaired by
the representative of OMB.
``(2) The dispute resolution board shall meet with
representatives of the Federal entity and the commercial
licensee together to discuss the dispute. The dispute
resolution board may require the parties to make written
submissions to it. The dispute resolution board shall rule on
any dispute within 28 days after the date that the dispute was
brought before it.
``(3) The dispute resolution board shall be assisted by the
Technical Panel described in section 113(g)(6)(C).
``(4) Subject to OMB approval, NTIA shall adopt regulations
to govern the working of the dispute resolution board and the
role of the Technical Panel after public notice and comment
within 180 days after the date of enactment of the Spectrum
Relocation Improvement Act of 2009.
``(5) Appeals may be taken from decisions of the dispute
resolution board to the United States Court of Appeals for the
District of Columbia Circuit by filing a notice of appeal with
that court within 30 days after the date of such decision. Each
party shall bear its own costs and expenses, including
attorneys' fees, for any litigation to enforce this subsection
or any decision rendered under it.''.
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