Sec. 6701. RELOCATION OF AND SPECTRUM SHARING BY FEDERAL GOVERNMENT STATIONS
3,407 words·~15 min read·
/statute-compilations/comps-13851/sec-6701A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 6701 RELOCATION OF AND SPECTRUM SHARING BY FEDERAL GOVERNMENT STATIONS ###
(a)In General Section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923) is amended— ####
(1)in subsection (g)— #####
(A)by striking the heading and inserting “Relocation of and Spectrum Sharing by Federal Government Stations.—”; #####
(B)by amending paragraph
(1)to read as follows: > > #### “(1) Eligible federal entities > > Any Federal entity that operates a Federal Government station authorized to use a band of eligible frequencies described in paragraph
(2)and that incurs relocation or sharing costs because of planning for an auction of spectrum frequencies or the reallocation of spectrum frequencies from Federal use to exclusive non-Federal use or to shared use shall receive payment for such relocation or sharing costs from the Spectrum Relocation Fund, in accordance with this section and section 118. For purposes of this paragraph, Federal power agencies exempted under subsection (c)(4) that choose to relocate from the frequencies identified for reallocation pursuant to subsection
(a)are eligible to receive payment under this paragraph.” > ; #####
(C)by amending paragraph (2)(B) to read as follows: > > ##### “(B) > > any other band of frequencies reallocated from Federal use to non-Federal use or to shared use after January 1, 2003, that is assigned by competitive bidding pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)).” > ; #####
(D)by amending paragraph
(3)to read as follows: > > #### “(3) Relocation or sharing costs defined > > > ##### “(A) In general > > For purposes of this section and section 118, the term ‘relocation or sharing costs’ means the costs incurred by a Federal entity in connection with the auction of spectrum frequencies previously assigned to such entity or the sharing of spectrum frequencies assigned to such entity (including the auction or a planned auction of the rights to use spectrum frequencies on a shared basis with such entity) in order to achieve comparable capability of systems as before the relocation or sharing arrangement. Such term includes, with respect to relocation or sharing, as the case may be— > > > ###### “(i) > > the costs of any modification or replacement of equipment, spares, associated ancillary equipment, software, facilities, operating manuals, training, or compliance with regulations that are attributable to relocation or sharing; > > > ###### “(ii) > > the costs of all engineering, equipment, software, site acquisition, and construction, as well as any legitimate and prudent transaction expense, including term-limited Federal civil servant and contractor staff necessary to carry out the relocation or sharing activities of a Federal entity, and reasonable additional costs incurred by the Federal entity that are attributable to relocation or sharing, including increased recurring costs associated with the replacement of facilities; > > > ###### “(iii) > > the costs of research, engineering studies, economic analyses, or other expenses reasonably incurred in connection with— > > > ###### “(I) > > calculating the estimated relocation or sharing costs that are provided to the Commission pursuant to paragraph (4)(A); > > > ###### “(II) > > determining the technical or operational feasibility of relocation to 1 or more potential relocation bands; or > > > ###### “(III) > > planning for or managing a relocation or sharing arrangement (including spectrum coordination with auction winners); > > > ###### “(iv) > > the one-time costs of any modification of equipment reasonably necessary— > > > ###### “(I) > > to accommodate non-Federal use of shared frequencies; or > > > ###### “(II) > > in the case of eligible frequencies reallocated for exclusive non-Federal use and assigned through a system of competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) but with respect to which a Federal entity retains primary allocation or protected status for a period of time after the completion of the competitive bidding process, to accommodate shared Federal and non-Federal use of such frequencies for such period; and > > > ###### “(v) > > the costs associated with the accelerated replacement of systems and equipment if the acceleration is necessary to ensure the timely relocation of systems to a new frequency assignment or the timely accommodation of sharing of Federal frequencies. > > > ##### “(B) Comparable capability of systems > > For purposes of subparagraph (A), comparable capability of systems— > > > ###### “(i) > > may be achieved by relocating a Federal Government station to a new frequency assignment, by relocating a Federal Government station to a different geographic location, by modifying Federal Government equipment to mitigate interference or use less spectrum, in terms of bandwidth, geography, or time, and thereby permitting spectrum sharing (including sharing among relocated Federal entities and incumbents to make spectrum available for non-Federal use) or relocation, or by utilizing an alternative technology; and > > > ###### “(ii) > > includes the acquisition of state-of-the-art replacement systems intended to meet comparable operational scope, which may include incidental increases in functionality.” > ; #####
(E)in paragraph (4)— ######
(i)in the heading, by striking “relocations costs” and inserting “relocation or sharing costs”; ######
(ii)by striking “relocation costs” each place it appears and inserting “relocation or sharing costs”; and ######
(iii)in subparagraph (A), by inserting “or sharing” after “such relocation”; #####
(F)in paragraph (5)— ######
(i)by striking “relocation costs” and inserting “relocation or sharing costs”; and ######
(ii)by inserting “or sharing” after “for relocation”; and #####
(G)by amending paragraph
(6)to read as follows: > > #### “(6) Implementation of procedures > > The NTIA shall take such actions as necessary to ensure the timely relocation of Federal entities’ spectrum-related operations from frequencies described in paragraph
(2)to frequencies or facilities of comparable capability and to ensure the timely implementation of arrangements for the sharing of frequencies described in such paragraph. Upon a finding by the NTIA that a Federal entity has achieved comparable capability of systems, the NTIA shall terminate or limit the entity’s authorization and notify the Commission that the entity’s relocation has been completed or sharing arrangement has been implemented. The NTIA shall also terminate such entity’s authorization if the NTIA determines that the entity has unreasonably failed to comply with the timeline for relocation or sharing submitted by the Director of the Office of Management and Budget under section 118(d)(2)(C).” > ; ####
(2)by redesignating subsections
(h)and
(i)as subsections
(k)and (l), respectively; and ####
(3)by inserting after subsection
(g)the following: > > ### “(h) Development and Publication of Relocation or Sharing Transition Plans > > > #### “(1) Development of transition plan by federal entity > > Not later than 240 days before the commencement of any auction of eligible frequencies described in subsection (g)(2), a Federal entity authorized to use any such frequency shall submit to the NTIA and to the Technical Panel established by paragraph
(3)a transition plan for the implementation by such entity of the relocation or sharing arrangement. The NTIA shall specify, after public input, a common format for all Federal entities to follow in preparing transition plans under this paragraph. > > > #### “(2) Contents of transition plan > > The transition plan required by paragraph
(1)shall include the following information: > > > ##### “(A) > > The use by the Federal entity of the eligible frequencies to be auctioned, current as of the date of the submission of the plan. > > > ##### “(B) > > The geographic location of the facilities or systems of the Federal entity that use such frequencies. > > > ##### “(C) > > The frequency bands used by such facilities or systems, described by geographic location. > > > ##### “(D) > > The steps to be taken by the Federal entity to relocate its spectrum use from such frequencies or to share such frequencies, including timelines for specific geographic locations in sufficient detail to indicate when use of such frequencies at such locations will be discontinued by the Federal entity or shared between the Federal entity and non-Federal users. > > > ##### “(E) > > The specific interactions between the eligible Federal entity and the NTIA needed to implement the transition plan. > > > ##### “(F) > > The name of the officer or employee of the Federal entity who is responsible for the relocation or sharing efforts of the entity and who is authorized to meet and negotiate with non-Federal users regarding the transition. > > > ##### “(G) > > The plans and timelines of the Federal entity for— > > > ###### “(i) > > using funds received from the Spectrum Relocation Fund established by section 118; > > > ###### “(ii) > > procuring new equipment and additional personnel needed for relocation or sharing; > > > ###### “(iii) > > field-testing and deploying new equipment needed for relocation or sharing; and > > > ###### “(iv) > > hiring and relying on contract personnel, if any, needed for relocation or sharing. > > > ##### “(H) > > Factors that could hinder fulfillment of the transition plan by the Federal entity. > > > #### “(3) Technical panel > > > ##### “(A) Establishment > > There is established within the NTIA a panel to be known as the Technical Panel. > > > ##### “(B) Membership > > > ###### “(i) Number and appointment > > The Technical Panel shall be composed of 3 members, to be appointed as follows: > > > ###### “(I) > > One member to be appointed by the Director of the Office of Management and Budget (in this subsection referred to as ‘OMB’). > > > ###### “(II) > > One member to be appointed by the Assistant Secretary. > > > ###### “(III) > > One member to be appointed by the Chairman of the Commission. > > > ###### “(ii) Qualifications > > Each member of the Technical Panel shall be a radio engineer or a technical expert. > > > ###### “(iii) Initial appointment > > The initial members of the Technical Panel shall be appointed not later than 180 days after the date of the enactment of the Middle Class Tax Relief and Job Creation Act of 2012. > > > ###### “(iv) Terms > > The term of a member of the Technical Panel shall be 18 months, and no individual may serve more than 1 consecutive term. > > > ###### “(v) Vacancies > > Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy shall be filled in the manner in which the original appointment was made. > > > ###### “(vi) No compensation > > The members of the Technical Panel shall not receive any compensation for service on the Technical Panel. If any such member is an employee of the agency of the official that appointed such member to the Technical Panel, compensation in the member’s capacity as such an employee shall not be considered compensation under this clause. > > > ##### “(C) Administrative support > > The NTIA shall provide the Technical Panel with the administrative support services necessary to carry out its duties under this subsection and subsection (i). > > > ##### “(D) Regulations > > Not later than 180 days after the date of the enactment of the Middle Class Tax Relief and Job Creation Act of 2012, the NTIA shall, after public notice and comment and subject to approval by the Director of OMB, adopt regulations to govern the workings of the Technical Panel. > > > ##### “(E) Certain requirements inapplicable > > The Federal Advisory Committee Act (5 U.S.C. App.) and sections 552 and 552b of title 5, United States Code, shall not apply to the Technical Panel. > > > #### “(4) Review of plan by technical panel > > > ##### “(A) In general > > Not later than 30 days after the submission of the plan under paragraph (1), the Technical Panel shall submit to the NTIA and to the Federal entity a report on the sufficiency of the plan, including whether the plan includes the information required by paragraph
(2)and an assessment of the reasonableness of the proposed timelines and estimated relocation or sharing costs, including the costs of any proposed expansion of the capabilities of a Federal system in connection with relocation or sharing. > > > ##### “(B) Insufficiency of plan > > If the Technical Panel finds the plan insufficient, the Federal entity shall, not later than 90 days after the submission of the report by the Technical Panel under subparagraph (A), submit to the Technical Panel a revised plan. Such revised plan shall be treated as a plan submitted under paragraph (1). > > > #### “(5) Publication of transition plan > > Not later than 120 days before the commencement of the auction described in paragraph (1), the NTIA shall make the transition plan publicly available on its website. > > > #### “(6) Updates of transition plan > > As the Federal entity implements the transition plan, it shall periodically update the plan to reflect any changed circumstances, including changes in estimated relocation or sharing costs or the timeline for relocation or sharing. The NTIA shall make the updates available on its website. > > > #### “(7) Classified and other sensitive information > > > ##### “(A) Classified information > > If any of the information required to be included in the transition plan of a Federal entity is classified information (as defined in section 798(b) of title 18, United States Code), the entity shall— > > > ###### “(i) > > include in the plan— > > > ###### “(I) > > an explanation of the exclusion of any such information, which shall be as specific as possible; and > > > ###### “(II) > > all relevant non-classified information that is available; and > > > ###### “(ii) > > discuss as a factor under paragraph (2)(H) the extent of the classified information and the effect of such information on the implementation of the relocation or sharing arrangement. > > > ##### “(B) Regulations > > Not later than 180 days after the date of the enactment of the Middle Class Tax Relief and Job Creation Act of 2012, the NTIA, in consultation with the Director of OMB and the Secretary of Defense, shall adopt regulations to ensure that the information publicly released under paragraph
(5)or
(6)does not contain classified information or other sensitive information. > > > ### “(i) Dispute Resolution Process > > > #### “(1) In general > > If a dispute arises between a Federal entity and a non-Federal user regarding the execution, timing, or cost of the transition plan submitted by the Federal entity under subsection (h)(1), the Federal entity or the non-Federal user may request that the NTIA establish a dispute resolution board to resolve the dispute. > > > #### “(2) Establishment of board > > > ##### “(A) In general > > If the NTIA receives a request under paragraph (1), it shall establish a dispute resolution board. > > > ##### “(B) Membership and appointment > > The dispute resolution board shall be composed of 3 members, as follows: > > > ###### “(i) > > A representative of the Office of Management and Budget (in this subsection referred to as ‘OMB’), to be appointed by the Director of OMB. > > > ###### “(ii) > > A representative of the NTIA, to be appointed by the Assistant Secretary. > > > ###### “(iii) > > A representative of the Commission, to be appointed by the Chairman of the Commission. > > > ##### “(C) Chair > > The representative of OMB shall be the Chair of the dispute resolution board. > > > ##### “(D) Vacancies > > Any vacancy in the dispute resolution board shall be filled in the manner in which the original appointment was made. > > > ##### “(E) No compensation > > The members of the dispute resolution board shall not receive any compensation for service on the board. If any such member is an employee of the agency of the official that appointed such member to the board, compensation in the member’s capacity as such an employee shall not be considered compensation under this subparagraph. > > > ##### “(F) Termination of board > > The dispute resolution board shall be terminated after it rules on the dispute that it was established to resolve and the time for appeal of its decision under paragraph
(7)has expired, unless an appeal has been taken under such paragraph. If such an appeal has been taken, the board shall continue to exist until the appeal process has been exhausted and the board has completed any action required by a court hearing the appeal. > > > #### “(3) Procedures > > The dispute resolution board shall meet simultaneously with representatives of the Federal entity and the non-Federal user to discuss the dispute. The dispute resolution board may require the parties to make written submissions to it. > > > #### “(4) Deadline for decision > > The dispute resolution board shall rule on the dispute not later than 30 days after the request was made to the NTIA under paragraph (1). > > > #### “(5) Assistance from technical panel > > The Technical Panel established under subsection (h)(3) shall provide the dispute resolution board with such technical assistance as the board requests. > > > #### “(6) Administrative support > > The NTIA shall provide the dispute resolution board with the administrative support services necessary to carry out its duties under this subsection. > > > #### “(7) Appeals > > A decision of the dispute resolution board may be appealed to the United States Court of Appeals for the District of Columbia Circuit by filing a notice of appeal with that court not later than 30 days after the date of such decision. Each party shall bear its own costs and expenses, including attorneys’ fees, for any appeal under this paragraph. > > > #### “(8) Regulations > > Not later than 180 days after the date of the enactment of the Middle Class Tax Relief and Job Creation Act of 2012, the NTIA shall, after public notice and comment and subject to approval by OMB, adopt regulations to govern the working of any dispute resolution boards established under paragraph (2)(A) and the role of the Technical Panel in assisting any such board. > > > #### “(9) Certain requirements inapplicable > > The Federal Advisory Committee Act (5 U.S.C. App.) and sections 552 and 552b of title 5, United States Code, shall not apply to a dispute resolution board established under paragraph (2)(A). > > > ### “(j) Relocation Prioritized Over Sharing > > > #### “(1) In general > > In evaluating a band of frequencies for possible reallocation for exclusive non-Federal use or shared use, the NTIA shall give priority to options involving reallocation of the band for exclusive non-Federal use and shall choose options involving shared use only when it determines, in consultation with the Director of the Office of Management and Budget, that relocation of a Federal entity from the band is not feasible because of technical or cost constraints. > > > #### “(2) Notification of congress when sharing chosen > > If the NTIA determines under paragraph
(1)that relocation of a Federal entity from the band is not feasible, the NTIA shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives of the determination, including the specific technical or cost constraints on which the determination is based.” > . ###
(b)Conforming Amendment **[**[47 U.S.C. 309](/us/usc/t47/s309)**]** Section 309(j) of the Communications Act of 1934 is further amended by striking “relocation costs” each place it appears and inserting “relocation or sharing costs”.
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources