Sec. 104. SPECTRUM MANAGEMENT ACTIVITIES.2
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## SEC. 104 SPECTRUM MANAGEMENT ACTIVITIES.2 **[**[47 U.S.C. 903](/us/usc/t47/s903)**]** 2The fiscal year 1999 appropriation to the NTIA to carry out spectrum management activities contained the following provisions: For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $16,550,000, to remain available until expended: *Provided*, That notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, and operations, and related services and such fees shall be retained and used as offsetting collections for costs of such spectrum services, to remain available until expended: *Provided further*, That hereafter, notwithstanding any other provision of law, NTIA shall not authorize spectrum use or provide any spectrum functions pursuant to the NTIA Organization Act, 47 U.S.C. 902–903, to any Federal entity without reimbursement as required by NTIA for such spectrum management costs, and Federal entities withholding payment of such cost shall not use spectrum: *Provided further*, That the Secretary of Commerce is authorized to retain and use as offsetting collections all funds transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of the NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies shall remain available until expended. ###
(a)Revision of Regulations Within 180 days after the date of the enactment of this Act, the Secretary of Commerce and the NTIA shall amend the Department of Commerce spectrum management document entitled “Manual of Regulations and Procedures for Federal Radio Frequency Management” to improve Federal spectrum management activities and shall publish in the Federal Register any changes in the regulations in such document. ###
(b)Requirements for Revisions The amendments required by subsection
(a)shall— ####
(1)provide for a period at the beginning of each meeting of the Interdepartmental Radio Advisory Committee to be open to the public to make presentations and receive advice, and provide the public with other meaningful opportunities to make presentations and receive advice; ####
(2)include provisions that will require
(A)publication in the Federal Register of major policy proposals that are not classified and that involve spectrum management, and
(B)adequate opportunity for public review and comment on those proposals; ####
(3)include provisions that will require publication in the Federal Register of major policy decisions that are not classified and that involve spectrum management; ####
(4)include provisions that will require that nonclassified spectrum management information be made available to the public, including access to electronic databases; and ####
(5)establish procedures that provide for the prompt and impartial consideration of requests for access to Government spectrum by the public, which procedures shall include provisions that will require the disclosure of the status and ultimate disposition of any such request. ###
(c)Certification to Congress Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall certify to Congress that the Secretary has complied with this section. ###
(d)Radio Services ####
(1)Assignments for radio services In assigning frequencies for mobile radio services and other radio services, the Secretary of Commerce shall promote efficient and cost-effective use of the spectrum to the maximum extent feasible. ####
(2)Authority to withhold assignments The Secretary of Commerce shall have the authority to withhold or refuse to assign frequencies for mobile radio service or other radio service in order to further the goal of making efficient and cost-effective use of the spectrum. ####
(3)Spectrum plan By October 1, 1993, the Secretary of Commerce shall adopt and commence implementation of a plan for Federal agencies with existing mobile radio systems to use more spectrum-efficient technologies that are at least as spectrum-efficient and cost-effective as readily available commercial mobile radio systems. The plan shall include a time schedule for implementation. ####
(4)Report to congress By October 1, 1993, the Secretary of Commerce 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 summarizing the plan adopted under paragraph (3), including the implementation schedule for the plan. ###
(e)Proof of Compliance With FCC Licensing Requirements ####
(1)Amendment to manual required Within 90 days after the date of enactment of this subsection, the Secretary and the NTIA shall amend the spectrum management document described in subsection
(a)to require that— #####
(A)no person or entity (other than an agency or instrumentality of the United States) shall be permitted, after 1 year after such date of enactment, to operate a radio station utilizing a frequency that is authorized for the use of government stations pursuant to section 103(b)(2)(A) of this Act for any non-government application unless such person or entity has submitted to the NTIA proof, in a form prescribed by such manual, that such person or entity has obtained a license from the Commission; and #####
(B)no person or entity (other than an agency or instrumentality of the United States) shall be permitted, after 1 year after such date of enactment, to utilize a radio station belonging to the United States for any non-government application unless such person or entity has submitted to the NTIA proof, in a form prescribed by such manual, that such person or entity has obtained a license from the Commission. ####
(2)Retention of forms The NTIA shall maintain on file the proofs submitted under paragraph (1), or facsimiles thereof. ####
(3)Certification Within 1 year after the date of enactment of this subsection, the Secretary and the NTIA shall certify to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that— #####
(A)the amendments required by paragraph
(1)have been accomplished; and #####
(B)the requirements of subparagraphs
(A)and
(B)of such paragraph are being enforced.
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- 47 USC 902–903
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