PUBLIC LAW 108–494—DEC. 23, 2004

ENHANCE 911 SERVICES

118 STAT. 3986 PUBLIC LAW 108–494—DEC. 23, 2004

Public Law 108–494

108th Congress

An Act

To amend the National Telecommunications and Information Administration Organization Act to facilitate the reallocation of spectrum from governmental to commercial users; to improve, enhance, and promote the Nation’s homeland security,

public safety, and citizen activated emergency response capabilities through the

use of enhanced 911 services, to further upgrade Public Safety Answering Point

capabilities and related functions in receiving E–911 calls, and to support in

the construction and operation of a ubiquitous and reliable citizen activated

system; and to provide that funds received as universal service contributions

under section 254 of the Communications Act of 1934 and the universal service

support programs established pursuant thereto are not subject to certain provisions

of title 31, United States Code, commonly known as the Antideficiency Act,

for a period of time.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

TITLE I—E–911

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Ensuring Needed Help Arrives

Near Callers Employing 911 Act of 2004’’ or the ‘‘ENHANCE 911

Act of 2004’’.

SEC. 102. FINDINGS.

The Congress finds that—

(1) for the sake of our Nation’s homeland security and

public safety, a universal emergency telephone number (911)

that is enhanced with the most modern and state-of-the-art

telecommunications capabilities possible should be available

to all citizens in all regions of the Nation;

(2) enhanced emergency communications require Federal,

State, and local government resources and coordination;

(3) any funds that are collected from fees imposed on consumer bills for the purposes of funding 911 services or enhanced

911 should go only for the purposes for which the funds are

collected; and

(4) enhanced 911 is a high national priority and it requires

Federal leadership, working in cooperation with State and local

governments and with the numerous organizations dedicated

to delivering emergency communications services.

SEC. 103. PURPOSES.

The purposes of this title are—

(1) to coordinate 911 services and E–911 services, at the

Federal, State, and local levels; and

47 USC 942 note.

47 USC 942 note.

47 USC 901 note.

Ensuring Needed

Help Arrives

Near Callers

Employing 911

Act of 2004.

Dec. 23, 2004

[H.R. 5419]

PUBLIC LAW 108–494—DEC. 23, 2004 118 STAT. 3987

(2) to ensure that funds collected on telecommunications

bills for enhancing emergency 911 services are used only for

the purposes for which the funds are being collected.

SEC. 104. COORDINATION OF E–911 IMPLEMENTATION.

Part C of title I of the National Telecommunications and

Information Administration Organization Act (47 U.S.C. 901 et

seq.) is amended by adding at the end the following:

‘‘SEC. 158. COORDINATION OF E–911 IMPLEMENTATION.

‘‘(a) E–911 IMPLEMENTATION COORDINATION OFFICE.— ‘‘(1) ESTABLISHMENT.—The Assistant Secretary and the

Administrator of the National Highway Traffic Safety Administration shall—

‘‘(A) establish a joint program to facilitate coordination

and communication between Federal, State, and local emergency communications systems, emergency personnel,

public safety organizations, telecommunications carriers,

and telecommunications equipment manufacturers and

vendors involved in the implementation of E–911 services;

and

‘‘(B) create an E-911 Implementation Coordination

Office to implement the provisions of this section.

‘‘(2) MANAGEMENT PLAN.—The Assistant Secretary and the

Administrator shall jointly develop a management plan for

the program established under this section. Such plan shall

include the organizational structure and funding profiles for

the 5-year duration of the program. The Assistant Secretary

and the Administrator shall, within 90 days after the date

of enactment of this Act, submit the management plan to

the Committees on Energy and Commerce and Appropriations

of the House of Representatives and the Committees on Commerce, Science, and Transportation and Appropriations of the

Senate.

‘‘(3) PURPOSE OF OFFICE.—The Office shall—

‘‘(A) take actions, in concert with coordinators designated in accordance with subsection (b)(3)(A)(ii), to

improve such coordination and communication;

‘‘(B) develop, collect, and disseminate information concerning practices, procedures, and technology used in the

implementation of E–911 services;

‘‘(C) advise and assist eligible entities in the preparation of implementation plans required under subsection

(b)(3)(A)(iii);

‘‘(D) receive, review, and recommend the approval or

disapproval of applications for grants under subsection (b);

and

‘‘(E) oversee the use of funds provided by such grants

in fulfilling such implementation plans.

‘‘(4) REPORTS.—The Assistant Secretary and the Administrator shall provide a joint annual report to Congress by the

first day of October of each year on the activities of the Office

to improve coordination and communication with respect to

the implementation of E–911 services.

‘‘(b) PHASE II E–911 IMPLEMENTATION GRANTS.—

‘‘(1) MATCHING GRANTS.—The Assistant Secretary and the

Administrator, after consultation with the Secretary of Homeland Security and the Chairman of the Federal Communications

Deadline.

47 USC 942.

118 STAT. 3988 PUBLIC LAW 108–494—DEC. 23, 2004

Commission, and acting through the Office, shall provide grants

to eligible entities for the implementation and operation of

Phase II E–911 services.

‘‘(2) MATCHING REQUIREMENT.—The Federal share of the

cost of a project eligible for a grant under this section shall

not exceed 50 percent. The non-Federal share of the cost shall

be provided from non-Federal sources.

‘‘(3) COORDINATION REQUIRED.—In providing grants under

paragraph (1), the Assistant Secretary and the Administrator

shall require an eligible entity to certify in its application

that—

‘‘(A) in the case of an eligible entity that is a State

government, the entity—

‘‘(i) has coordinated its application with the public

safety answering points (as such term is defined in

section 222(h)(4) of the Communications Act of 1934)

located within the jurisdiction of such entity;

‘‘(ii) has designated a single officer or governmental

body of the entity to serve as the coordinator of

implementation of E–911 services, except that such

designation need not vest such coordinator with direct

legal authority to implement E–911 services or manage

emergency communications operations;

‘‘(iii) has established a plan for the coordination

and implementation of E–911 services; and

‘‘(iv) has integrated telecommunications services

involved in the implementation and delivery of phase

II E–911 services; or

‘‘(B) in the case of an eligible entity that is not a

State, the entity has complied with clauses (i), (iii), and

(iv) of subparagraph (A), and the State in which it is

located has complied with clause (ii) of such subparagraph.

‘‘(4) CRITERIA.—The Assistant Secretary and the Administrator shall jointly issue regulations within 180 days after

the date of enactment of the ENHANCE 911 Act of 2004,

after a public comment period of not less than 60 days, prescribing the criteria for selection for grants under this section,

and shall update such regulations as necessary. The criteria

shall include performance requirements and a timeline for

completion of any project to be financed by a grant under

this section.

‘‘(c) DIVERSION OF E–911 CHARGES.—

‘‘(1) DESIGNATED E–911 CHARGES.—For the purposes of this

subsection, the term ‘designated E–911 charges’ means any

taxes, fees, or other charges imposed by a State or other taxing

jurisdiction that are designated or presented as dedicated to

deliver or improve E–911 services.

‘‘(2) CERTIFICATION.—Each applicant for a matching grant

under this section shall certify to the Assistant Secretary and

the Administrator at the time of application, and each applicant

that receives such a grant shall certify to the Assistant Secretary and the Administrator annually thereafter during any

period of time during which the funds from the grant are

available to the applicant, that no portion of any designated

E–911 charges imposed by a State or other taxing jurisdiction

within which the applicant is located are being obligated or

expended for any purpose other than the purposes for which

Regulations.

Deadlines.

PUBLIC LAW 108–494—DEC. 23, 2004 118 STAT. 3989

such charges are designated or presented during the period

beginning 180 days immediately preceding the date of the

application and continuing through the period of time during

which the funds from the grant are available to the applicant.

‘‘(3) CONDITION OF GRANT.—Each applicant for a grant

under this section shall agree, as a condition of receipt of

the grant, that if the State or other taxing jurisdiction within

which the applicant is located, during any period of time during

which the funds from the grant are available to the applicant,

obligates or expends designated E–911 charges for any purpose

other than the purposes for which such charges are designated

or presented, all of the funds from such grant shall be returned

to the Office.

‘‘(4) PENALTY FOR PROVIDING FALSE INFORMATION.—Any

applicant that provides a certification under paragraph (1)

knowing that the information provided in the certification was

false shall—

‘‘(A) not be eligible to receive the grant under subsection (b);

‘‘(B) return any grant awarded under subsection (b)

during the time that the certification was not valid; and

‘‘(C) not be eligible to receive any subsequent grants

under subsection (b).

‘‘(d) AUTHORIZATION; TERMINATION.—

‘‘(1) AUTHORIZATION.—There are authorized to be appropriated to the Department of Transportation, for the purposes

of grants under the joint program operated under this section

with the Department of Commerce, not more than $250,000,000

for each of the fiscal years 2005 through 2009, not more than

5 percent of which for any fiscal year may be obligated or

expended for administrative costs.

‘‘(2) TERMINATION.—The provisions of this section shall

cease to be effective on October 1, 2009.

‘‘(e) DEFINITIONS.—As used in this section:

‘‘(1) OFFICE.—The term ‘Office’ means the E–911

Implementation Coordination Office.

‘‘(2) ADMINISTRATOR.—The term ‘Administrator’ means the

Administrator of the National Highway Traffic Safety Administration.

‘‘(3) ELIGIBLE ENTITY.—

‘‘(A) IN GENERAL.—The term ‘eligible entity’ means a

State or local government or a tribal organization (as

defined in section 4(l) of the Indian Self-Determination

and Education Assistance Act (25 U.S.C. 450b(l))).

‘‘(B) INSTRUMENTALITIES.—Such term includes public

authorities, boards, commissions, and similar bodies created by one or more eligible entities described in subparagraph (A) to provide E–911 services.

‘‘(C) EXCEPTION.—Such term does not include any

entity that has failed to submit the most recently required

certification under subsection (c) within 30 days after the

date on which such certification is due.

‘‘(4) E–911 SERVICES.—The term ‘E–911 services’ means

both phase I and phase II enhanced 911 services, as described

in section 20.18 of the Commission’s regulations (47 C.F.R.

20.18), as in effect on the date of enactment of the ENHANCE

118 STAT. 3990 PUBLIC LAW 108–494—DEC. 23, 2004

911 Act of 2004, or as subsequently revised by the Federal

Communications Commission.

‘‘(5) PHASE II E–911 SERVICES.—The term ‘phase II E–

911 services’ means only phase II enhanced 911 services, as

described in such section 20.18 (47 C.F.R. 20.18), as in effect

on such date, or as subsequently revised by the Federal Communications Commission.

‘‘(6) STATE.—The term ‘State’ means any State of the

United States, the District of Columbia, Puerto Rico, the

Northern Mariana Islands, and any territory or possession of

the United States.’’.

SEC. 105. GAO STUDY OF STATE AND LOCAL USE OF 911 SERVICE

CHARGES.

(a) IN GENERAL.—Within 60 days after the date of enactment

of this Act, the Comptroller General shall initiate a study of—

(1) the imposition of taxes, fees, or other charges imposed

by States or political subdivisions of States that are designated

or presented as dedicated to improve emergency communications services, including 911 services or enhanced 911 services,

or related to emergency communications services operations

or improvements; and

(2) the use of revenues derived from such taxes, fees, or

charges.

(b) REPORT.—Within 18 months after initiating the study

required by subsection (a), the Comptroller General shall transmit

a report on the results of the study to the Senate Committee

on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce setting forth

the findings, conclusions, and recommendations, if any, of the study,

including—

(1) the identity of each State or political subdivision that

imposes such taxes, fees, or other charges; and

(2) the amount of revenues obligated or expended by that

State or political subdivision for any purpose other than the

purposes for which such taxes, fees, or charges were designated

or presented.

SEC. 106. REPORT ON THE DEPLOYMENT OF E–911 PHASE II SERVICES

BY TIER III SERVICE PROVIDERS.

Within 90 days after the date of enactment of this Act, the

Federal Communications Commission shall submit a report to the

Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation

of the Senate detailing—

(1) the number of tier III commercial mobile service providers that are offering phase II E–911 services;

(2) the number of requests for waivers from compliance

with the Commission’s phase II E–911 service requirements

received by the Commission from such tier III providers;

(3) the number of waivers granted or denied by the

Commission to such tier III providers;

(4) how long each waiver request remained pending before

it was granted or denied;

(5) how many waiver requests are pending at the time

of the filing of the report;

(6) when the pending requests will be granted or denied;

Deadline.

PUBLIC LAW 108–494—DEC. 23, 2004 118 STAT. 3991

(7) actions the Commission has taken to reduce the amount

of time a waiver request remains pending; and

(8) the technologies that are the most effective in the

deployment of phase II E–911 services by such tier III providers.

SEC. 107. FCC REQUIREMENTS FOR CERTAIN TIER III CARRIERS.

(a) IN GENERAL.—The Federal Communications Commission

shall act on any petition filed by a qualified Tier III carrier

requesting a waiver of compliance with the requirements of section

20.18(g)(1)(v) of the Commission’s rules (47 C.F.R. 20.18(g)(1)(v))

within 100 days after the Commission receives the petition. The

Commission shall grant the waiver of compliance with the requirements of section 20.18(g)(1)(v) of the Commission’s rules (47 C.F.R.

20.18(g)(1)(v)) requested by the petition if it determines that strict

enforcement of the requirements of that section would result in

consumers having decreased access to emergency services.

(b) QUALIFIED TIER III CARRIER DEFINED.—In this section, the

term ‘‘qualified Tier III carrier’’ means a provider of commercial

mobile service (as defined in section 332(d) of the Communications

Act of 1934 (47 U.S.C. 332(d)) that had 500,000 or fewer subscribers

as of December 31, 2001.

TITLE II—SPECTRUM RELOCATION

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Commercial Spectrum Enhancement Act’’.

SEC. 202. RELOCATION OF ELIGIBLE FEDERAL ENTITIES FOR THE REALLOCATION OF SPECTRUM FOR COMMERCIAL PURPOSES.

Section 113(g) of the National Telecommunications and

Information Administration Organization Act (47 U.S.C. 923(g))

is amended by striking paragraphs (1) through (3) and inserting

the following:

‘‘(1) ELIGIBLE FEDERAL ENTITIES.—Any Federal entity that

operates a Federal Government station assigned to a band

of frequencies specified in paragraph (2) and that incurs relocation costs because of the reallocation of frequencies from Federal

use to non-Federal use shall receive payment for such costs

from the Spectrum Relocation Fund, in accordance with section

118 of this Act. 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.

‘‘(2) ELIGIBLE FREQUENCIES.—The bands of eligible frequencies for purposes of this section are as follows:

‘‘(A) the 216–220 megahertz band, the 1432–1435

megahertz band, the 1710–1755 megahertz band, and the

2385–2390 megahertz band of frequencies; and

‘‘(B) any other band of frequencies reallocated from

Federal use to non-Federal 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)),

except for bands of frequencies previously identified by

47 USC 901 note.

Commercial

Spectrum

Enhancement

Act.

118 STAT. 3992 PUBLIC LAW 108–494—DEC. 23, 2004

the National Telecommunications and Information

Administration in the Spectrum Reallocation Final Report,

NTIA Special Publication 95–32 (1995).

‘‘(3) DEFINITION OF RELOCATION COSTS.—For purposes of

this subsection, the term ‘relocation costs’ means the costs

incurred by a Federal entity to achieve comparable capability

of systems, regardless of whether that capability is achieved

by relocating to a new frequency assignment or by utilizing

an alternative technology. Such costs include—

‘‘(A) the costs of any modification or replacement of

equipment, software, facilities, operating manuals, training

costs, or regulations that are attributable to relocation;

‘‘(B) the costs of all engineering, equipment, software,

site acquisition and construction costs, as well as any legitimate and prudent transaction expense, including outside

consultants, and reasonable additional costs incurred by

the Federal entity that are attributable to relocation,

including increased recurring costs associated with the

replacement facilities;

‘‘(C) the costs of engineering studies, economic analyses, or other expenses reasonably incurred in calculating

the estimated relocation costs that are provided to the

Commission pursuant to paragraph (4) of this subsection;

‘‘(D) the one-time costs of any modification of equipment reasonably necessary to accommodate commercial use

of such frequencies prior to the termination of the Federal

entity’s primary allocation or protected status, when the

eligible frequencies as defined in paragraph (2) of this

subsection are made available for private sector uses by

competitive bidding and a Federal entity retains primary

allocation or protected status in those frequencies for a

period of time after the completion of the competitive bidding process; and

‘‘(E) the costs associated with the accelerated replacement of systems and equipment if such acceleration is

necessary to ensure the timely relocation of systems to

a new frequency assignment.

‘‘(4) NOTICE TO COMMISSION OF ESTIMATED RELOCATION

COSTS.—

‘‘(A) The Commission shall notify the NTIA at least

18 months prior to the commencement of any auction of

eligible frequencies defined in paragraph (2). At least 6

months prior to the commencement of any such auction,

the NTIA, on behalf of the Federal entities and after review

by the Office of Management and Budget, shall notify the

Commission of estimated relocation costs and timelines

for such relocation.

‘‘(B) Upon timely request of a Federal entity, the NTIA

shall provide such entity with information regarding an

alternative frequency assignment or assignments to which

their radiocommunications operations could be relocated

for purposes of calculating the estimated relocation costs

and timelines to be submitted to the Commission pursuant

to subparagraph (A).

‘‘(C) To the extent practicable and consistent with

national security considerations, the NTIA shall provide

the information required by subparagraphs (A) and (B)

PUBLIC LAW 108–494—DEC. 23, 2004 118 STAT. 3993

by the geographic location of the Federal entities’ facilities

or systems and the frequency bands used by such facilities

or systems.

‘‘(5) NOTICE TO CONGRESSIONAL COMMITTEES AND GAO.— The NTIA shall, at the time of providing an initial estimate

of relocation costs to the Commission under paragraph (4)(A),

submit to Committees on Appropriations and Energy and Commerce of the House of Representatives for approval, to the

Committees on Appropriations and Commerce, Science, and

Transportation of the Senate for approval, and to the Comptroller General a copy of such estimate and the timelines for

relocation. Unless disapproved within 30 days, the estimate

shall be approved. If disapproved, the NTIA may resubmit

a revised initial estimate.

‘‘(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 defined in paragraph (2) to frequencies or facilities

of comparable capability. Upon a finding by the NTIA that

a Federal entity has achieved comparable capability of systems

by relocating to a new frequency assignment or by utilizing

an alternative technology, the NTIA shall terminate the entity’s

authorization and notify the Commission that the entity’s

relocation has been completed. 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 submitted by the Director of the Office of Management and Budget under section 118(d)(2)(B).’’.

SEC. 203. MINIMUM AUCTION RECEIPTS AND DISPOSITION OF PROCEEDS.

(a) AUCTION DESIGN.—Section 309(j)(3) of the Communications

Act of 1934 (47 U.S.C. 309(j)(3)) is amended—

(1) by striking ‘‘and’’ at the end of subparagraph (D);

(2) by striking the period at the end of subparagraph (E)

and inserting ‘‘; and’’; and

(3) by adding at the end the following new subparagraph:

‘‘(F) for any auction of eligible frequencies described

in section 113(g)(2) of the National Telecommunications

and Information Administration Organization Act (47

U.S.C. 923(g)(2)), the recovery of 110 percent of estimated

relocation costs as provided to the Commission pursuant

to section 113(g)(4) of such Act.’’.

(b) SPECIAL AUCTION PROVISIONS FOR ELIGIBLE FREQUENCIES.—

Section 309(j) of such Act is further amended by adding at the

end the following new paragraph:

‘‘(15) SPECIAL AUCTION PROVISIONS FOR ELIGIBLE FREQUENCIES.—

‘‘(A) SPECIAL REGULATIONS.—The Commission shall

revise the regulations prescribed under paragraph (4)(F)

of this subsection to prescribe methods by which the total

cash proceeds from any auction of eligible frequencies

described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act

(47 U.S.C. 923(g)(2)) shall at least equal 110 percent of

the total estimated relocation costs provided to the Commission pursuant to section 113(g)(4) of such Act.

Notification.

Deadline.

118 STAT. 3994 PUBLIC LAW 108–494—DEC. 23, 2004

‘‘(B) CONCLUSION OF AUCTIONS CONTINGENT ON MIN- IMUM PROCEEDS.—The Commission shall not conclude any

auction of eligible frequencies described in section 113(g)(2)

of such Act if the total cash proceeds attributable to such

spectrum are less than 110 percent of the total estimated

relocation costs provided to the Commission pursuant to

section 113(g)(4) of such Act. If the Commission is unable

to conclude an auction for the foregoing reason, the

Commission shall cancel the auction, return within 45 days

after the auction cancellation date any deposits from

participating bidders held in escrow, and absolve such bidders from any obligation to the United States to bid in

any subsequent reauction of such spectrum.

‘‘(C) AUTHORITY TO ISSUE PRIOR TO DEAUTHORIZATION.— In any auction conducted under the regulations required

by subparagraph (A), the Commission may grant a license

assigned for the use of eligible frequencies prior to the

termination of an eligible Federal entity’s authorization.

However, the Commission shall condition such license by

requiring that the licensee cannot cause harmful interference to such Federal entity until such entity’s authorization has been terminated by the National Telecommunications and Information Administration.’’.

(c) DEPOSIT OF PROCEEDS.—Paragraph (8) of section 309(j) of

the Communications Act of 1934 (47 U.S.C. 309(j)) is amended—

(1) in subparagraph (A), by inserting ‘‘or subparagraph

(D)’’ after ‘‘subparagraph (B)’’; and

(2) by adding at the end the following new subparagraph:

‘‘(D) DISPOSITION OF CASH PROCEEDS.—Cash proceeds

attributable to the 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)) shall be deposited in the Spectrum

Relocation Fund established under section 118 of such Act,

and shall be available in accordance with that section.’’.

SEC. 204. ESTABLISHMENT OF FUND AND PROCEDURES.

Part B of the National Telecommunications and Information

Administration Organization Act is amended by adding after section

117 (47 U.S.C. 927) the following new section:

‘‘SEC. 118. SPECTRUM RELOCATION FUND.

‘‘(a) ESTABLISHMENT OF SPECTRUM RELOCATION FUND.—There

is established on the books of the Treasury a separate fund to

be known as the ‘Spectrum Relocation Fund’ (in this section referred

to as the ‘Fund’), which shall be administered by the Office of

Management and Budget (in this section referred to as ‘OMB’),

in consultation with the NTIA.

‘‘(b) CREDITING OF RECEIPTS.—The Fund shall be credited with

the amounts specified in section 309(j)(8)(D) of the Communications

Act of 1934 (47 U.S.C. 309(j)(8)(D)).

‘‘(c) USED TO PAY RELOCATION COSTS.—The amounts in the

Fund from auctions of eligible frequencies are authorized to be

used to pay relocation costs, as defined in section 113(g)(3) of

this Act, of an eligible Federal entity incurring such costs with

respect to relocation from those frequencies.

‘‘(d) FUND AVAILABILITY.—

47 USC 928.

Deadline.

PUBLIC LAW 108–494—DEC. 23, 2004 118 STAT. 3995

‘‘(1) APPROPRIATION.—There are hereby appropriated from

the Fund such sums as are required to pay the relocation

costs specified in subsection (c).

‘‘(2) TRANSFER CONDITIONS.—None of the funds provided

under this subsection may be transferred to any eligible Federal

entity—

‘‘(A) unless the Director of OMB has determined, in

consultation with the NTIA, the appropriateness of such

costs and the timeline for relocation; and

‘‘(B) until 30 days after the Director of OMB has submitted to the Committees on Appropriations and Energy

and Commerce of the House of Representatives for

approval, to the Committees on Appropriations and Commerce, Science, and Transportation of the Senate for

approval, and to the Comptroller General a detailed plan

describing specifically how the sums transferred from the

Fund will be used to pay relocation costs in accordance

with such subsection and the timeline for such relocation.

Unless disapproved within 30 days, the amounts in the Fund

shall be available immediately. If the plan is disapproved,

the Director may resubmit a revised plan.

‘‘(3) REVERSION OF UNUSED FUNDS.—Any auction proceeds

in the Fund that are remaining after the payment of the

relocation costs that are payable from the Fund shall revert

to and be deposited in the general fund of the Treasury not

later than 8 years after the date of the deposit of such proceeds

to the Fund.

‘‘(e) TRANSFER TO ELIGIBLE FEDERAL ENTITIES.—

‘‘(1) TRANSFER.—

‘‘(A) Amounts made available pursuant to subsection

(d) shall be transferred to eligible Federal entities, as

defined in section 113(g)(1) of this Act.

‘‘(B) An eligible Federal entity may receive more than

one such transfer, but if the sum of the subsequent transfer

or transfers exceeds 10 percent of the original transfer—

‘‘(i) such subsequent transfers are subject to prior

approval by the Director of OMB as required by subsection (d)(2)(A);

‘‘(ii) the notice to the committees containing the

plan required by subsection (d)(2)(B) shall be not less

than 45 days prior to the date of the transfer that

causes such excess above 10 percent;

‘‘(iii) such notice shall include, in addition to such

plan, an explanation of need for such subsequent

transfer or transfers; and

‘‘(iv) the Comptroller General shall, within 30 days

after receiving such plan, review such plan and submit

to such committees an assessment of the explanation

for the subsequent transfer or transfers.

‘‘(C) Such transferred amounts shall be credited to

the appropriations account of the eligible Federal entity

which has incurred, or will incur, such costs, and shall,

subject to paragraph (2), remain available until expended.

‘‘(2) RETRANSFER TO FUND.—An eligible Federal entity that

has received such amounts shall report its expenditures to

OMB and shall transfer any amounts in excess of actual relocation costs back to the Fund immediately after the NTIA has

Reports.

Deadline.

Deadline.

Deadline.

Deadline.

118 STAT. 3996 PUBLIC LAW 108–494—DEC. 23, 2004

notified the Commission that the entity’s relocation is complete,

or has determined that such entity has unreasonably failed

to complete such relocation in accordance with the timeline

required by subsection (d)(2)(A).’’.

SEC. 205. TELECOMMUNICATIONS DEVELOPMENT FUND.

Section 714(f) of the Communications Act of 1934 (47 U.S.C.

614(f)) is amended to read as follows:

‘‘(f) LENDING AND CREDIT OPERATIONS.—Loans or other extensions of credit from the Fund shall be made available to an eligible

small business on the basis of—

‘‘(1) the analysis of the business plan of the eligible small

business;

‘‘(2) the reasonable availability of collateral to secure the

loan or credit extension;

‘‘(3) the extent to which the loan or credit extension promotes the purposes of this section; and

‘‘(4) other lending policies as defined by the Board.’’.

SEC. 206. CONSTRUCTION.

Nothing in this title is intended to modify section 1062(b)

of the National Defense Authorization Act for Fiscal Year 2000

(Public Law 106–65).

SEC. 207. ANNUAL REPORT.

The National Telecommunications and Information Administration shall submit an annual report to the Committees on Appropriations and Energy and Commerce of the House of Representatives,

the Committees on Appropriations and Commerce, Science, and

Transportation of the Senate, and the Comptroller General on—

(1) the progress made in adhering to the timelines

applicable to relocation from eligible frequencies required under

section 118(d)(2)(A) of the National Telecommunications and

Information Administration Organization Act, separately stated

on a communication system-by-system basis and on an auctionby-auction basis; and

(2) with respect to each relocated communication system

and auction, a statement of the estimate of relocation costs

required under section 113(g)(4) of such Act, the actual relocations costs incurred, and the amount of such costs paid from

the Spectrum Relocation Fund.

SEC. 208. PRESERVATION OF AUTHORITY; NTIA REPORT REQUIRED.

(a) SPECTRUM MANAGEMENT AUTHORITY RETAINED.—Except as

provided with respect to the bands of frequencies identified in

section 113(g)(2)(A) of the National Telecommunications and

Information Administration Organization Act (47 U.S.C.

923(g)(2)(A)) as amended by this title, nothing in this title or

the amendments made by this title shall be construed as limiting

the Federal Communications Commission’s authority to allocate

bands of frequencies that are reallocated from Federal use to nonFederal use for unlicensed, public safety, shared, or non-commercial

use.

(b) NTIA REPORT REQUIRED.—Within 1 year after the date

of enactment of this Act, the Administrator of the National Telecommunications and Information Administration shall submit to

the Energy and Commerce Committee of the House of Representatives and the Commerce, Science, and Transportation Committee

47 USC 923 note.

47 USC 928 note.

47 USC 921 note.

PUBLIC LAW 108–494—DEC. 23, 2004 118 STAT. 3997

of the Senate a report on various policy options to compensate

Federal entities for relocation costs when such entities’ frequencies

are allocated by the Commission for unlicensed, public safety,

shared, or non-commercial use.

SEC. 209. COMMERCIAL SPECTRUM LICENSE POLICY REVIEW.

(a) EXAMINATION.—The Comptroller General shall examine

national commercial spectrum license policy as implemented by

the Federal Communications Commission, and shall report its

findings to the Senate Committee on Commerce, Science, and

Transportation and the House of Representatives Committee on

Energy and Commerce within 270 days.

(b) CONTENT.—The report shall address each of the following:

(1) An estimate of the respective proportions of electromagnetic spectrum capacity that have been assigned by the

Federal Communications Commission—

(A) prior to enactment of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) providing to the

Commission’s competitive bidding authority,

(B) after enactment of that section using the Commission’s competitive bidding authority, and

(C) by means other than competitive bidding,

and a description of the classes of licensees assigned under

each method.

(2) The extent to which requiring entities to obtain licenses

through competitive bidding places those entities at a competitive or financial disadvantage to offer services similar to entities

that did not acquire licenses through competitive bidding.

(3) The effect, if any, of the use of competitive bidding

and the resulting diversion of licensees’ financial resources

on the introduction of new services including the quality, pace,

and scope of the offering of such services to the public.

(4) The effect, if any, of participation in competitive bidding

by incumbent spectrum license holders as applicants or investors in an applicant, including a discussion of any additional

effect if such applicant qualified for bidding credits as a designated entity.

(5) The effect on existing license holders and consumers

of services offered by these providers of the Administration’s

Spectrum License User Fee proposal contained in the President’s Budget of the United States Government for Fiscal Year

2004 (Budget, page 299; Appendix, page 1046), and an evaluation of whether the enactment of this proposal could address,

either in part or in whole, any possible competitive disadvantages described in paragraph (2).

(c) FCC ASSISTANCE.—The Federal Communications Commission shall provide information and assistance, as necessary, to

facilitate the completion of the examination required by subsection

(a).

TITLE III—UNIVERSAL SERVICE

SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘Universal Service Antideficiency

Temporary Suspension Act’’.

Universal Service

Antideficiency

Temporary

Suspension Act.

Reports.

Deadline.

118 STAT. 3998 PUBLIC LAW 108–494—DEC. 23, 2004

LEGISLATIVE HISTORY—H.R. 5419 (S. 1250):

SENATE REPORTS: No. 108–130 accompanying S. 1250 (Comm. on Commerce,

Science, and Transportation).

CONGRESSIONAL RECORD, Vol. 150 (2004):

Nov. 20, considered and passed House.

Dec. 8, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):

Dec. 23, Presidential statement.

Æ

SEC. 302. APPLICATION OF CERTAIN TITLE 31 PROVISIONS TO UNIVERSAL SERVICE FUND.

(a) IN GENERAL.—During the period beginning on the date

of enactment of this Act and ending on December 31, 2005, section

1341 and subchapter II of chapter 15 of title 31, United States

Code, do not apply—

(1) to any amount collected or received as Federal universal

service contributions required by section 254 of the Communications Act of 1934 (47 U.S.C. 254), including any interest earned

on such contributions; nor

(2) to the expenditure or obligation of amounts attributable

to such contributions for universal service support programs

established pursuant to that section.

(b) POST-2005 FULFILLMENT OF PROTECTED OBLIGATIONS.—Section 1341 and subchapter II of chapter 15 of title 31, United States

Code, do not apply after December 31, 2005, to an expenditure

or obligation described in subsection (a)(2) made or authorized

during the period described in subsection (a).

Approved December 23, 2004.

Effective date.

Termination

date.