Sec. 2. Costs of spectrum research and development and planning activities
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Section 118(g) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928(g) ) is amended— in paragraph (1)— in subparagraph (A), by striking ; and and inserting a semicolon; in subparagraph (B), by striking the period at the end and inserting ; and ; and by adding at the end the following: the Director of OMB may make a payment described in paragraph
(2)from amounts in the Fund other than amounts made available under subparagraphs
(A)and
(B)if, before making the payment, the Director of OMB, in consultation with the NTIA, determines and submits to the congressional committees described in subsection (d)(2)(C) a certification that— the conditions described in subclauses
(I)and
(II)of paragraph (2)(D)(i) have been met; as of the date of the certification, amounts made available under subparagraphs
(A)and
(B)are insufficient to make the payment requested by the Federal entity in the plan approved under paragraph (2)(E) by the Technical Panel established under section 113(h)(3); and the payment will leave sufficient amounts in the Fund to pay the relocation or sharing costs that will be incurred by eligible Federal entities to complete the implementation of all transition plans that, as of the date of the certification, have been found sufficient by the Technical Panel under section 113(h)(4). ; and in paragraph (2)— in subparagraph (D)(ii), by inserting after 60 days the following: (or, in the case of a payment under paragraph (1)(C), 30 days) ; and by adding at the end the following: If a Federal entity that receives a payment under subparagraph
(A)determines, in carrying out activities under a plan approved by the Technical Panel under subparagraph (E), that it is not feasible for such Federal entity to make available frequencies described in such plan for reallocation for non-Federal use or shared Federal and non-Federal use, or a combination thereof, and for auction in accordance with such reallocation— such Federal entity shall submit to the NTIA a certification stating the determination; and the NTIA shall consult with the Commission and such Federal entity regarding whether such frequencies may be shared with non-Federal entities on an unlicensed basis. .
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Sec. 2
Costs of spectrum research and development and planning activities
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