Sec. 6. Reallocation incentive
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In this section— the term Director means the Director of the Office of Management and Budget; and the term Federal entity has the meaning given the term in section 113(l) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(l) ). Notwithstanding section 309(j)(8)(D) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8)(D) ), if the first auction of any eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(g)(2) ) that takes place after the date of enactment of this Act meets the requirements established under section 309(j)(16) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)), an amount equal to 1 percent of the proceeds attributable to the auction shall be deposited in the Spectrum Relocation Fund established under section 118 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928 ) for use in accordance with subsection
(c)of this section. The Director, in consultation with the NTIA, may use the amount made available under subsection
(b)to make payments to any Federal entity— to conduct research and development, and operational, technical, cost, and schedule-feasibility analyses, regarding the potential future reallocation of additional spectrum from Federal use to exclusive non-Federal use or to shared use; and to develop and incorporate spectrum efficiency guidelines and spectrally efficient advanced or unique technology or techniques into the budget and procurement processes of the Federal entity to facilitate the design and procurement of Federal spectrum-dependent systems that increase flexibility through means such as multiple-band tuning capabilities and the use of commercial systems as appropriate, including through public-private partnerships. A Federal entity that receives a payment under subparagraph
(A)of paragraph
(1)to conduct the analyses described in that paragraph shall use the payment to estimate the costs specified in clauses
(i)through
(v)of section 113(g)(3)(A) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(g)(3)(A) ) with respect to frequencies identified by the Federal entity for potential reallocation. The Director may not make a payment under paragraph
(1)if the amount made available under subsection
(b)is otherwise necessary to cover relocation or sharing costs (as defined in section 113(g)(3)) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(g)(3) )). The Director may not make a payment under paragraph
(1)until 30 days after the date as of which the Director has notified the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives of the intent of the Director to make the payment. A Federal entity that receives a payment under paragraph
(1)shall, to the extent possible, procure systems described in subparagraph
(B)of that paragraph such that emission levels resulting from reasonable use of adjacent spectrum will not impair the functioning of the systems, consistent with any applicable radio receiver performance criteria and international obligations. Each year, the Director shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that— describes each payment that the Director made to a Federal entity under this subsection during the preceding year; and details how each Federal entity used each payment described in subparagraph (A).
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