Sec. 4. Reallocation of Federal Government spectrum
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Section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923) is amended by adding at the end the following: Not later than 1 year after the date of enactment of this subsection, the Secretary shall prepare and submit to the President and Congress a report (referred to in this subsection as the reallocation report ) that identifies and recommends for reallocation bands of frequencies— that, in the aggregate, span not less than 200 megahertz; that are located below 5 gigahertz; that are not covered by the proceeding of the Commission in GN Docket No. 12–354; that, as of the date of submission of the reallocation report, are allocated on an exclusive or primary basis for Federal Government use; from which Federal Government stations may be relocated pursuant to subsection
(g)or for which Federal Government stations may be replaced by commercially available substitutes; that, as of the date of submission of the reallocation report or at any time during the 10-year period beginning on that date, may feasibly be made available for the uses described in subparagraph (B); the transfer of which from, or the sharing of which with, Federal Government use will not result in costs to the Federal Government, or losses of services or benefits to the public, that are excessive in relation to the benefits to the public that may be provided by non-Federal licensees; and that are most likely to have the greatest potential economic benefit to the United States if reallocated and licensed for non-Federal use. Of the spectrum described in subparagraph (A)— 140 megahertz shall— be allocated for commercial mobile use on an exclusive, licensed basis; and be located below 3.7 gigahertz; not more than 20 megahertz may be allocated for unlicensed use if— such use protects licensed services from harmful interference; and the spectrum allocated for such use is located— in guard bands below 3.7 gigahertz— that are no larger than technically necessary to prevent harmful interference between licensed services outside the guard bands; and the unlicensed use of which does not cause harmful interference to licensed services; or between 3.7 gigahertz and 5 gigahertz; and not more than 40 megahertz may be shared with Federal Government stations if— the President limits the assignment of the Federal Government stations so that the use of the spectrum by those stations is restricted by geographic area, by time, or by other means so as to guarantee that the continued use by those stations is substantially less than the use made by non-Federal stations; and the operational sharing authorized under this clause is subject to— interference regulations prescribed by the Commission under section 305(a) of the 1934 Act; coordination procedures that the Commission and the Secretary shall jointly establish and implement to ensure against harmful interference; and the sharing arrangements in a transition plan applicable to the spectrum that the Technical Panel finds sufficient under subsection (h)(4). The Secretary shall include in the reallocation report— recommendations for spectrum bands to which Federal Government stations may be relocated; and the costs, as determined by the Secretary in consultation with the Office of Management and Budget, of the relocation described in clause (i). The Secretary shall consult with the Federal Government users of the spectrum and work through established processes of the NTIA to encourage and provide opportunity for direct discussions among commercial representatives and Federal Government users of the spectrum to aid the Secretary in determining which frequencies to recommend for reallocation under this subsection. The Secretary shall provide notice to the public and the Commission of any discussion held under subparagraph (A), including the name of each business or other person represented in the discussion. A representative of the Commission (and of the Secretary, at the election of the Secretary) may attend any discussion held under subparagraph (A). Before the Secretary submits the reallocation report, the Secretary shall provide the public and the Commission with an opportunity to comment on the results of any discussion held under subparagraph (A). The Secretary shall include in the reallocation report a timetable that recommends effective dates by which the President shall— withdraw the assignment to Federal Government stations of the frequencies specified in the reallocation report (other than the frequencies identified under paragraph (1)(B)(iii)); and in the case of the spectrum identified under paragraph (1)(B)(iii), limit the assignment of that spectrum to Federal Government stations as required under subclause
(I)of that paragraph. Notwithstanding the effective dates recommended by the Secretary under subparagraph (A), not later than the date described in clause
(ii)of this subparagraph, the President shall— withdraw the assignment to Federal Government stations of the frequencies specified in the reallocation report (other than the frequencies identified under paragraph (1)(B)(iii)); and in the case of the spectrum identified under paragraph (1)(B)(iii), limit the assignment to Federal Government stations as required under subclause
(I)of that paragraph. The date described in this clause is the earlier of— the date that is 3 years after the beginning of the auction of the frequencies specified in the reallocation report pursuant to section 309(j)(15)(C)(vii) of the 1934 Act; or the date as of which— each Federal Government station has been relocated from the frequencies specified in the reallocation report (other than the frequencies identified under paragraph (1)(B)(iii)); and the assignment of the frequencies identified under paragraph (1)(B)(iii) to each Federal Government station has been limited as required under subclause
(I)of that paragraph. Section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 ( Public Law 106–65 ; 113 Stat. 768) shall apply to the relocation of stations operated by the Department of Defense in the spectrum described in paragraph (1)(A) of this subsection. .
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- Pub. L. 106-65
- 113 Stat. 768
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