[Federal Register Volume 81, Number 13 (Thursday, January 21, 2016)]
[Rules and Regulations]
[Pages 3337-3338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01047]



[[Page 3337]]

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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

47 CFR Part 301

[Docket No. 160108022-6022-01]
RIN 0660-AA31


Implementing Certain Provisions of the Spectrum Pipeline Act With 
Respect to the Duties of the Technical Panel

AGENCY: National Telecommunications and Information Administration.

ACTION: Final rule.

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SUMMARY: The National Telecommunications and Information Administration 
(NTIA) amends its regulations with respect to the duties of the 
Technical Panel to include the new responsibility for review and 
approval of plans submitted by federal entities that request funding 
from the Spectrum Relocation Fund for the purposes set forth in Section 
1005(a)(2) of the Spectrum Pipeline Act of 2015.

DATES: The final rule becomes effective on January 21, 2016.

FOR FURTHER INFORMATION CONTACT: Milton Brown, NTIA, (202) 482-1816 or 
[email protected]. Please direct media inquiries to NTIA's Office of 
Public Affairs, (202) 482-7002 or [email protected].

SUPPLEMENTARY INFORMATION:

    Authority: National Telecommunications and Information 
Administration Organization Act, 47 U.S.C. 901 et seq., as amended 
by the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 
112-96, Title VI, Subtitle G, 126 Stat. 245 (Feb. 22, 2012) (47 
U.S.C. 923(g)-(l), 928) and the Spectrum Pipeline Act of 2015, Title 
X of the Bipartisan Budget Act of 2015, Pub. L. 114-74, 129 Stat. 
621 (Nov. 5, 2015) (47 U.S.C. 923, 928).

I. Background

    The Commercial Spectrum Enhancement Act of 2004 (CSEA) established 
the Spectrum Relocation Fund from which agencies could recover 
relocation costs in order to facilitate clearing of the eligible 
frequency bands auctioned by the Federal Communications Commission.\1\ 
The Middle Class Job Creation and Tax Relief Act of 2012 (Tax Relief 
Act) amended the CSEA to permit federal entities to recover costs for 
sharing of spectrum and to receive additional reimbursement of expenses 
for planning for auction participation, use of alternative 
technologies, replacement equipment, and research and analysis of 
potential spectrum sharing solutions.\2\ The Tax Relief Act also 
required NTIA to establish a Technical Panel to review and approve 
federal entities' transition plans to facilitate the relocation of, and 
sharing of spectrum with, U.S. Government stations in spectrum bands 
reallocated from federal use to non-federal use or shared use.\3\
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    \1\ Commercial Spectrum Enhancement Act of 2004, Public Law 108 
494, 118 Stat. 3986 (2004) (CSEA) (amending, among other provisions, 
Sections 113(g) and 118 of the NTIA Organization Act, codified at 47 
U.S.C. 923 and 928). Through the CSEA, Congress amended the NTIA 
Organization Act to provide, among other things, for reimbursement 
of costs associated with relocation of Federal entities' spectrum-
dependent operations from the proceeds of spectrum auctions.
    \2\ Middle Class Tax Relief and Job Creation Act of 2012, Public 
Law 112-96, Section 6701-6703, 126 Stat. 245 (Feb. 22, 2012) 
(amending, among other provisions, Sections 113(g)-(i) and 118 of 
the NTIA Organization Act, codified at 47 U.S.C. 923 and 928).
    \3\ Relocation of and Sharing Spectrum by Federal Government 
Stations--Technical Panel and Dispute Resolution Boards, 78 FR 5310 
(Jan. 25, 2013) (codified at 47 CFR pt. 301).
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    The Spectrum Pipeline Act of 2015 modified the CSEA by, among other 
things, appropriating $500,000,000 from the Spectrum Relocation Fund on 
the date of enactment and not more than 10 percent of future deposits 
for the Office of Management and Budget (OMB) to make payments to 
federal entities for research and development, engineering studies, 
economic analyses, or other planning activities intended to improve the 
efficiency and effectiveness of the spectrum use. \4\ This Final Rule 
implements those provisions of the Spectrum Pipeline Act regarding the 
review and approval by the Technical Panel of plans submitted by 
federal entities requesting such additional payments from the Spectrum 
Relocation Fund.
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    \4\ Spectrum Pipeline Act of 2015, Title X of the Bipartisan 
Budget Act of 2015, Public Law 114-74, 129 Stat. 621 (Nov. 5, 2015) 
(Spectrum Pipeline Act).
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II. Discussion

    NTIA is amending its regulations to conform to provisions of the 
recently enacted Spectrum Pipeline Act. Accordingly, 47 CFR part 301 is 
amended as discussed below.

Submission and Contents of a Spectrum Pipeline Plan

    The Spectrum Pipeline Act provides that a federal entity that seeks 
payments pursuant to its provisions must submit a plan (hereafter 
referred to as a ``Spectrum Pipeline Plan'') to the Technical Panel. 
Such a plan must describe the activities the federal entity will 
conduct with the funds to improve the efficiency and effectiveness of 
the spectrum use of federal entities.\5\ Payments may be requested for 
research and development, engineering studies, economic analyses, 
activities with respect to systems, or other planning activities 
intended to improve the efficiency and effectiveness of the spectrum 
use. For requests involving activities with respect to systems that 
improve the efficiency or effectiveness of the spectrum use of federal 
entities, such systems shall include: (1) Systems that have increased 
functionality or that increase the ability of a federal entity to 
accommodate spectrum sharing with non-federal entities; (2) systems 
that consolidate functions or services that have been provided using 
separate systems; or (3) non-spectrum technology or systems.\6\ 
Accordingly, NTIA amends its regulations to list the requirements for 
the submission of a Spectrum Pipeline Plan.
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    \5\ Spectrum Pipeline Act of 2015, Section 1005(a)(2) (amending 
Section 118 of the NTIA Organization Act by inserting a new 
subsection (g), to be codified at 47 U.S.C. 928(g)) and Sections 
1005(b) and (c) (amending Section 113(h)(3)(C) and 113(g)(1) of the 
NTIA Organization Act by updating the scope of NTIA's administrative 
support of the Technical Panel and modifying the definition of 
``Eligible Federal Entities,'' respectively).
    \6\ 47 U.S.C. 928(g)(2)(B).
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Review by Technical Panel

    The Spectrum Pipeline Act requires the Technical Panel to approve 
or disapprove a Spectrum Pipeline Plan not later than 120 days after 
the federal entity submits the plan.\7\ It also provides the criteria 
that the Technical Panel will use to review such plan. Specifically, 
the Spectrum Pipeline Act states that the Technical Panel shall 
consider whether the activities the federal entity will conduct with 
the payment will: (1) Increase the probability of relocation from or 
sharing of federal spectrum; (2) facilitate an auction intended to 
occur not later than 8 years after the payment; and (3) increase the 
net expected auction proceeds in an amount not less than the time value 
of the amount of the payment.\8\ It also requires the Technical Panel 
to consider whether the funding transfer will leave sufficient amounts 
in the Spectrum Relocation Fund for its other purposes.\9\ The 
regulations also provide an address for submissions to the Technical 
Panel and the Dispute Resolution Board. Accordingly, NTIA amends its 
regulations at 47 CFR 301.115(c) to specify the requirements for 
Technical Panel review of a Spectrum Pipeline Plan.
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    \7\ 47 U.S.C. 928(g)(2)(E)(i).
    \8\ 47 U.S.C. 928(g)(2)(E)(ii)(I).
    \9\ 47 U.S.C. 928(g)(2)(E)(ii)(II).

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[[Page 3338]]

Administrative Procedure Act

    The amendments to 47 CFR part 301 in this Final Rule relate solely 
to the internal management of the agency and, as such, are not subject 
to the requirements of the Administrative Procedure Act, 5 U.S.C. 
553(a)(2). These amendments do not affect the rights or obligations of 
the public, but relate solely to the obligations of federal entities 
seeking payments from OMB from the Spectrum Relocation Fund.

Executive Order 12866

    This regulation has been determined not to be significant for 
purposes of Executive Order 12866.

Congressional Review Act

    It has been determined that this final rule is not major under 5 
U.S.C. 801 et seq.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not 
apply since the rule is exempt from the requirement of the 
Administrative Procedure Act.

Executive Order 13132

    This rule does not contain policies having federalism implications 
requiring preparation of a Federalism Summary Impact.

Paperwork Reduction Act

    This document does not contain new collection-of-information 
requirements subject to the Paperwork Reduction Act.

List of Subjects in 47 CFR Part 301

    Administrative practice and procedure, Communications Common 
Carriers, Communications equipment, Defense communications, Government 
employees, Satellites, Radio, Telecommunications.

    Dated: January 14, 2016.
Lawrence E. Strickling,
Assistant Secretary for Communications and Information.

     For the reasons set forth in the preamble, NTIA amends 47 
CFR part 301 as follows:

PART 301--RELOCATION OF AND SPECTRUM SHARING BY FEDERAL GOVERNMENT 
STATIONS

0
1. Revise the authority citiation for part 301 to read as follows:

    Authority: National Telecommunications and Information 
Administration Organization Act, 47 U.S.C. 901 et seq., as amended 
by the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. 
112-96, Title VI, Subtitle G, 126 Stat. 245 (Feb. 22, 2012) (47 
U.S.C. 923(g)-(l), 928) and the Spectrum Pipeline Act of 2015, Title 
X of the Bipartisan Budget Act of 2015, Pub. L. 114-74, 129 Stat. 
621 (Nov. 5, 2015) (47 U.S.C. 923, 928).

0
2. Revise Sec.  301.1 to read as follows:


Sec.  301.1  Purpose.

    The purpose of this part is to set forth procedures for the 
Technical Panel and Dispute Resolution Board as required pursuant to 
the National Telecommunications and Information Administration 
Organization Act (hereinafter ``NTIA Organization Act''), as amended 
(47 U.S.C. 923(g)-(l) and 928).
0
3. Amend Sec.  301.20 as follows:
0
a. Revise the definitions of ``Eligible Federal Entity'' and ``Federal 
Entity''.
0
b. Add a definition of ``Spectrum Pipeline Plan'' in alphabetical 
order.
    The revisions and addition read as follows:


Sec.  301.20  Definitions.

* * * * *
    Eligible Federal Entity means any Federal Entity that:
    (1) Operates a U.S. Government station; and
    (2) That incurs relocation costs or sharing costs because of 
planning for an auction of eligible spectrum frequencies or the 
reallocation of eligible spectrum frequencies from Federal use to 
exclusive non-Federal use or to shared use.
* * * * *
    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 1934 Act (47 U.S.C. 
305). [47 U.S.C. 923(l)]
* * * * *
    Spectrum Pipeline Plan means a plan submitted by a Federal Entity 
pursuant to section 118(g)(2)(E)(i) of the NTIA Organization Act (47 
U.S.C. 928(g)(2)(E)(i)).
* * * * *
0
4. Add Sec.  301.30 to subpart A to read as follows:


Sec.  301.30  Address for submissions to the Technical Panel and 
Dispute Resolution Board.

    Submissions to the Technical Panel and the Dispute Resolution Board 
under this section shall be made to the Office of the Assistant 
Secretary, National Telecommunications and Information Administration, 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.
0
5. Add Sec.  301.115 to read as follows:


Sec.  301.115  Spectrum Pipeline Plans.

    (a) Submission of Spectrum Pipeline Plan. A Federal Entity that 
requests payment from OMB as provided in section 118(g) of the NTIA 
Organization Act (47 U.S.C. 928(g)) must submit a plan to the Technical 
Panel for approval.
    (b) Contents of Spectrum Pipeline Plan. A Spectrum Pipeline Plan 
submitted in accordance with this section must describe activities for 
research and development, engineering studies, economic analyses, 
activities with respect to systems, or other planning activities 
intended to improve the efficiency and effectiveness of the spectrum 
use of Federal Entities in order to make available frequencies for 
reallocation for non-Federal use or shared Federal and non-Federal use, 
or a combination thereof, for auction in accordance with such 
reallocation. Activities with respect to systems that improve the 
efficiency or effectiveness of the spectrum use of Federal Entities 
shall include:
    (1) Systems that have increased functionality or that increase the 
ability of a Federal Entity to accommodate spectrum sharing with non-
Federal entities;
    (2) Systems that consolidate functions or services that have been 
provided using separate systems; or
    (3) Non-spectrum technology or systems.
    (c) Review by Technical Panel--(1) Deadline for approval. Not later 
than 120 days after a Spectrum Pipeline Plan has been submitted to the 
Technical Panel in accordance with this section, the Technical Panel 
shall approve or disapprove such plan.
    (2) Criteria for Review. As part of its review, the Technical Panel 
shall consider whether:
    (i) The activities that the Federal Entity will conduct with the 
payment will:
    (A) Increase the probability of relocation from or sharing of 
Federal spectrum;
    (B) Facilitate an auction intended to occur not later than 8 years 
after the payment; and
    (C) Increase the net expected auction proceeds in an amount not 
less than the time value of the amount of the payment.
    (ii) The transfer will leave sufficient amounts in the Spectrum 
Relocation Fund for the other purposes of such fund.

[FR Doc. 2016-01047 Filed 1-20-16; 8:45 am]
BILLING CODE 3510-60-P