[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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