[Congressional Record Volume 149, Number 58 (Thursday, April 10, 2003)]
[Senate]
[Page S5191]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself, Mr. Dorgan, Mr. Brownback, and Mr. 
        Ensign):
  S. 865. A bill to amend the National Telecommunications and 
Information Administration Organization Act to facilitate the 
reallocation of spectrum from governmental to commercial users; to the 
Committee on Commerce, Science, and Transportation.
  Mr. McCAIN. Mr. President, today I am joined by Senators Dorgan, 
Brownback, and Ensign in introducing the Commercial Spectrum 
Enhancement Act. This bill is designed to streamline the process of 
relocating government users from spectrum reallocated for commercial 
use.
  The bill would establish a separate fund on the books of the United 
States Treasury called the Spectrum Relocation Fund. When spectrum 
occupied by a Federal agency is auctioned, the proceeds from the 
auction would be deposited into the fund. Federal agencies would be 
able to withdraw from the fund the estimated expenses associated with 
the relocation, with additional expenses being approved by the Office 
of Management and Budget, with notice provided to Congress and the 
General Accounting Office, GAO, as necessary.
  Currently, when spectrum assigned to a Government agency is 
auctioned, the law requires the agency to negotiate with the winning 
bidder to determine the cost of purchasing or returning new equipment 
necessary for the agency to transfer out of the spectrum band. These 
negotiations would be time-consuming and difficult for both parties. 
This bill would eliminate the need for lengthy negotiations between 
these parties. Thus it would accelerate the pace of introduction of new 
services using the spectrum.
  Spectrum is a critical resource of our armed services. It is 
important that any relocation process consider the needs of our 
military operations. I believe that this bill would allow our military 
to have confidence that its relocation costs will be fully and timely 
reimbursed, while providing commercial bidders with certainty regarding 
the full cost of the right to use the spectrum and the ability to use 
it in a timely fashion.
  Finally, the bill provides important oversight functions for Congress 
and the GAO to ensure that the fund is used in a manner that is fair 
and justified. In this way, American taxpayers are assured that their 
resources are used most efficiently.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:
  (The bill will be printed in a future edition of the Record.)
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