I 

112TH CONGRESS 

2D SESSION H. R. 4044 

To amend the National Telecommunications and Information Administration 

Organization Act to create a Federal Spectrum Reallocation Commission, 

to provide for the use of a portion of the proceeds from the auction 

of reallocated Federal spectrum for deficit reduction, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2012 

Mr. KINZINGER of Illinois introduced the following bill; which was referred to 

the Committee on Energy and Commerce 

A BILL 

To amend the National Telecommunications and Information 

Administration Organization Act to create a Federal 

Spectrum Reallocation Commission, to provide for the 

use of a portion of the proceeds from the auction of 

reallocated Federal spectrum for deficit reduction, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Maximizing Spectrum 

5 Efficiency and Value Act of 2012’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Demand for electromagnetic spectrum is 

4 sharply rising due to the growing advanced network 

5 of communications devices that rely on spectrum to 

6 transmit and receive information. 

7 (2) It is necessary for the United States to 

8 maintain its investments in innovation of spectrum 

9 and broadband infrastructure to ensure the United 

10 States is a global leader in the wireless age. 

11 (3) Spectrum is a finite resource, and in order 

12 to spur innovation, the United States must provide 

13 for better and more efficient spectrum management. 

14 (4) Many spectrum holders do not efficiently 

15 use their frequency assignments, and a restructuring 

16 of the usable spectrum is a viable solution to make 

17 up for this lost opportunity. 

18 (5) Making available additional spectrum to 

19 meet the demands of broadband technologies and 

20 services will prevent dropped connections, blocked 

21 service, decreased connection speed, and even higher 

22 prices for certain advanced applications. 

23 (6) The availability of increased spectrum will 

24 allow advanced technologies such as 4G mobile serv25 ices, high-speed wireless, high definition television, 


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1 and more to continue operating without network 

2 problems and interference. 

3 (7) The United States public debt totals more 

4 than $14,300,000,000,000. 

5 (8) Congress should look for ways to increase 

6 Government revenues without creating additional 

7 burdens on taxpayers. 

8 (9) Auctioning spectrum is the most economi9 cally sound method for accurate valuation and as10 signment of spectrum to develop the next generation 

11 of wireless technologies, expand broadband service to 

12 underserved areas of the country, develop an inter13 operable public safety network, and reduce the def14 icit. 

15 (10) Recent spectrum auctions in Germany and 

16 India raised a combined $20,000,000,000. 

17 (11) Certain frequencies have substantial mar18 ket value and could raise almost $30,000,000,000 in 

19 a public auction. 

20 (12) Barriers such as regulatory and adminis21 trative delays are not conducive to the free-market 

22 approach and can hurt innovation. 

23 (13) Government spectrum, while extremely im24 portant, is vast and should be included in any spec25 trum reform initiative. 


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1 SEC. 3. FEDERAL SPECTRUM REALLOCATION COMMISSION. 

2 (a) IN GENERAL.—Part B of title I of the National 

3 Telecommunications and Information Administration Or4 ganization Act (47 U.S.C. 921 et seq.) is amended by add5 ing at the end the following: 

6 ‘‘SEC. 119. FEDERAL SPECTRUM REALLOCATION COMMIS7 SION. 

8 ‘‘(a) DEFINITIONS.—In this section— 

9 ‘‘(1) the term ‘appropriate congressional com10 mittees’ means— 

11 ‘‘(A) the Committee on Appropriations of 

12 the Senate; 

13 ‘‘(B) the Committee on Appropriations of 

14 the House of Representatives; 

15 ‘‘(C) the Committee on Commerce, 

16 Science, and Transportation of the Senate; and 

17 ‘‘(D) the Committee on Energy and Com18 merce of the House of Representatives; 

19 ‘‘(2) the term ‘Chairperson’ means the chair20 person of the Reallocation Commission designated 

21 under subsection (b)(3)(B); 

22 ‘‘(3) the term ‘Director’ means the Director of 

23 the Reallocation Commission appointed under sub24 section (b)(5); 


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1 ‘‘(4) the term ‘Executive agency’ has the mean2 ing given the term in section 105 of title 5, United 

3 States Code; 

4 ‘‘(5) the term ‘Federal entity’ means any de5 partment, agency, or other instrumentality of the 

6 Federal Government that utilizes a Government sta7 tion license obtained under section 305 of the Com8 munications Act of 1934 (47 U.S.C. 305); 

9 ‘‘(6) the term ‘Reallocation Commission’ means 

10 the Federal Spectrum Reallocation Commission es11 tablished under subsection (b)(1); and 

12 ‘‘(7) the term ‘relocation costs’— 

13 ‘‘(A) means the costs incurred by a Fed14 eral entity to achieve comparable capability of 

15 systems, regardless of whether that capability is 

16 achieved by relocating to a new frequency as17 signment or by utilizing an alternative tech18 nology; and 

19 ‘‘(B) includes— 

20 ‘‘(i) the costs of any modification or 

21 replacement of equipment, software, facili22 ties, operating manuals, training costs, or 

23 regulations that are attributable to reloca24 tion; 


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1 ‘‘(ii) the costs of all engineering, 

2 equipment, software, site acquisition, and 

3 construction costs, as well as any legiti4 mate and prudent transaction expense, in5 cluding outside consultants, and reasonable 

6 additional costs incurred by the Federal 

7 entity that are attributable to relocation, 

8 including increased recurring costs associ9 ated with the replacement facilities; 

10 ‘‘(iii) the costs of engineering studies, 

11 economic analyses, or other expenses rea12 sonably incurred in calculating the esti13 mated relocation costs that are provided to 

14 the Commission under subsection (e)(1)(C) 

15 and approved by the Director of the Office 

16 of Management and Budget under sub17 section (e)(1)(D); 

18 ‘‘(iv) the one-time costs of any modi19 fication of equipment reasonably necessary 

20 to accommodate commercial use of reallo21 cated frequencies prior to the termination 

22 of the Federal entity’s primary allocation 

23 or protected status, when the frequencies 

24 are made available for private-sector uses 

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1 ty retains primary allocation or protected 

2 status in those frequencies for a period of 

3 time after the completion of the competi4 tive bidding process; and 

5 ‘‘(v) the costs associated with the ac6 celerated replacement of systems and 

7 equipment if such acceleration is necessary 

8 to ensure the timely relocation of systems 

9 to a new frequency assignment. 

10 ‘‘(b) ESTABLISHMENT AND OPERATION OF RE11 ALLOCATION COMMISSION.— 

12 ‘‘(1) ESTABLISHMENT.—There is established an 

13 independent commission to be known as the ‘Federal 

14 Spectrum Reallocation Commission’. 

15 ‘‘(2) DUTIES.—The Reallocation Commission 

16 shall carry out the duties described in this section. 

17 ‘‘(3) MEMBERSHIP.— 

18 ‘‘(A) APPOINTMENTS.— 

19 ‘‘(i) IN GENERAL.—The Reallocation 

20 Commission shall be composed of 9 mem21 bers appointed by the President, with the 

22 advice and consent of the Senate. 

23 ‘‘(ii) REQUIREMENTS FOR MEMBER24 SHIP.— 


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1 ‘‘(I) IN GENERAL.—Of the 9 

2 members appointed by the President 

3 under clause (i)— 

4 ‘‘(aa) not more than 1 mem5 ber may be a current employee or 

6 contractor of the Department of 

7 Defense; 

8 ‘‘(bb) not more than 1 mem9 ber may be former employee or 

10 contractor of the Department of 

11 Defense; 

12 ‘‘(cc) not fewer than 1 mem13 ber shall be a representative of 

14 the commercial mobile technology 

15 industry; and 

16 ‘‘(dd) not fewer than 1 

17 member shall be a representative 

18 from a standards-setting body 

19 that is accredited by the Amer20 ican National Standards Institute 

21 to develop voluntary industry 

22 standards. 

23 ‘‘(II) PRIVATE-SECTOR REP24 RESENTATION.—In making appoint25 ments under clause (i), the President 


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1 shall ensure that there is robust pri2 vate-sector representation on the Re3 allocation Commission. 

4 ‘‘(iii) TRANSMISSION OF NOMINA5 TIONS.—Not later than 180 days after the 

6 date of enactment of this section, the 

7 President shall transmit to the Senate the 

8 nominations for appointment to the Com9 mission. 

10 ‘‘(iv) CONSULTATION.—In selecting 

11 individuals for nominations for appoint12 ments to the Reallocation Commission, the 

13 President shall consult with— 

14 ‘‘(I) the Speaker of the House of 

15 Representatives concerning the ap16 pointment of 3 members; 

17 ‘‘(II) the majority leader of the 

18 Senate concerning the appointment of 

19 3 members; 

20 ‘‘(III) the minority leader of the 

21 House of Representatives concerning 

22 the appointment of 1 member; and 

23 ‘‘(IV) the minority leader of the 

24 Senate concerning the appointment of 

25 1 member. 


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1 ‘‘(v) NONPOLITICAL NATURE OF AP2 POINTMENT.—No political test or quali3 fication may be used in selecting, appoint4 ing, promoting, or taking other personnel 

5 actions with respect to members, officers, 

6 agents, or employees of the Reallocation 

7 Commission. 

8 ‘‘(B) CHAIRPERSON.—At the time the 

9 President nominates individuals for appoint10 ments under subparagraph (A), the President 

11 shall designate 1 of the individuals nominated 

12 to serve as the Chairperson of the Reallocation 

13 Commission. 

14 ‘‘(C) TERMS.— 

15 ‘‘(i) IN GENERAL.—Each member of 

16 the Reallocation Commission may serve 

17 until the Commission sunsets under para18 graph (12). 

19 ‘‘(ii) CHAIRPERSON.—The Chair20 person may serve until the confirmation of 

21 a successor. 

22 ‘‘(iii) VACANCIES.—Any vacancy in 

23 the Reallocation Commission shall be filled 

24 in the same manner as the original ap25 pointment. 


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1 ‘‘(D) COMPENSATION OF MEMBERS.— 

2 ‘‘(i) IN GENERAL.—Each member of 

3 the Reallocation Commission, other than 

4 the Chairperson, shall be paid at a rate 

5 equal to the daily equivalent of the min6 imum annual rate of basic pay payable for 

7 level IV of the Executive Schedule under 

8 section 5315 of title 5, United States 

9 Code, for each day (including travel time) 

10 during which the member is engaged in the 

11 actual performance of duties vested in the 

12 Reallocation Commission. 

13 ‘‘(ii) CHAIRPERSON.—The Chair14 person shall be paid for each day referred 

15 to in clause (i) at a rate equal to the daily 

16 equivalent of the minimum annual rate of 

17 basic pay payable for level III of the Exec18 utive Schedule under section 5314 of title 

19 5, United States Code. 

20 ‘‘(4) MEETINGS.— 

21 ‘‘(A) IN GENERAL.—Each meeting of the 

22 Reallocation Commission, other than meetings 

23 in which classified information is to be dis24 cussed, shall be open to the public. 


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1 ‘‘(B) ACCESS TO INFORMATION.—All of 

2 the proceedings, information, and deliberations 

3 of the Commission shall be open, upon request, 

4 to— 

5 ‘‘(i) the Chairman and the ranking 

6 member of the Subcommittee on Commu7 nications, Technology, and the Internet of 

8 the Committee on Commerce, Science, and 

9 Transportation of the Senate, or such 

10 other members of the Subcommittee des11 ignated by the Chairman or ranking mem12 ber of the Subcommittee; 

13 ‘‘(ii) the Chairman and the ranking 

14 member of the Subcommittee on Commu15 nications and Technology of the Committee 

16 on Energy and Commerce of the House of 

17 Representatives, or such other members of 

18 the Subcommittee designated by the Chair19 man or ranking member of the Sub20 committee; and 

21 ‘‘(iii) the Chairmen and ranking mem22 bers of the Subcommittees on Commerce, 

23 Justice, Science, and Related Agencies and 

24 on Financial Services and General Govern25 ment of the Committees on Appropriations 


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1 of the Senate and of the House of Rep2 resentatives, or such other members of the 

3 Subcommittees designated by such Chair4 men or ranking members. 

5 ‘‘(5) DIRECTOR OF STAFF.— 

6 ‘‘(A) IN GENERAL.—The Reallocation 

7 Commission shall, without regard to the provi8 sions of title 5, United States Code, governing 

9 appointments in the competitive service, appoint 

10 a Director. 

11 ‘‘(B) PAY.—The Director shall, without re12 gard to the provisions of chapter 51 and sub13 chapter III of chapter 53 of such title (relating 

14 to classification and General Schedule pay 

15 rates), be paid at the rate of basic pay payable 

16 for level IV of the Executive Schedule under 

17 section 5315 of title 5, United States Code. 

18 ‘‘(6) STAFF.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graphs (B) and (C), the Director, with the ap21 proval of the Reallocation Commission, may ap22 point and fix the pay of additional personnel as 

23 may be necessary to enable the Reallocation 

24 Commission to perform the duties of the Re25 allocation Commission. 


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1 ‘‘(B) LIMITATION.—The Director may 

2 make such appointments without regard to the 

3 provisions of title 5, United States Code, gov4 erning appointments in the competitive service, 

5 and any personnel so appointed may be paid 

6 without regard to the provisions of chapter 51 

7 and subchapter III of chapter 53 of that title 

8 relating to classification and General Schedule 

9 pay rates, except that an individual appointed 

10 under this paragraph may not receive pay in ex11 cess of the annual rate of basic pay payable for 

12 GS–18 of the General Schedule. 

13 ‘‘(C) DETAIL OF GOVERNMENT EMPLOY14 EES.—Upon request of the Director, the Sec15 retary may detail any of the personnel of the 

16 Department of Commerce to the Reallocation 

17 Commission to assist the Reallocation Commis18 sion in carrying out its duties. 

19 ‘‘(D) GAO AGREEMENT.—The Comptroller 

20 General of the United States shall provide as21 sistance, including the detailing of employees, to 

22 the Reallocation Commission in accordance with 

23 an agreement entered into with the Reallocation 

24 Commission. 


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1 ‘‘(7) PROCUREMENT OF TEMPORARY AND

2 INTERMITTENT SERVICES.—The Chairperson may 

3 procure temporary and intermittent services under 

4 section 3109 of title 5, United States Code, at rates 

5 for individuals which do not exceed the daily equiva6 lent of the annual rate of basic pay prescribed for 

7 level V of the Executive Schedule under section 5316 

8 of such title. 

9 ‘‘(8) PROPERTY.—The Chairperson may lease 

10 space and acquire personal property to the extent 

11 funds are available. 

12 ‘‘(9) POSTAL AND PRINTING SERVICES.—The 

13 Reallocation Commission may use the United States 

14 mails and obtain printing and binding services in the 

15 same manner and under the same conditions as 

16 other agencies of the United States. 

17 ‘‘(10) OBTAINING INFORMATION.—The Re18 allocation Commission may secure directly from any 

19 agency or department of the United States informa20 tion necessary to enable it to carry out its duties 

21 under this section. Upon request of any member of 

22 the Reallocation Commission, the head of that agen23 cy or department shall furnish that information to 

24 the Reallocation Commission in a full and timely 

25 manner. 


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1 ‘‘(11) FUNDING.—There are authorized to be 

2 transferred to the Reallocation Commission 

3 $13,000,000 from the Spectrum Relocation Fund es4 tablished under section 118 to carry out the duties 

5 of the Reallocation Commission under this section, 

6 and such funds shall remain available until the term 

7 of the Reallocation Commission sunsets under para8 graph (12). The funds remaining after the sunset of 

9 the Commission shall be returned to the Treasury 

10 for the sole purpose of deficit reduction. 

11 ‘‘(12) SUNSET.—This subsection is repealed ef12 fective 60 days after the President approves the rec13 ommendations of the Reallocation Commission pur14 suant to subsection (d)(4). 

15 ‘‘(c) SPECTRUM UTILIZATION PLAN.— 

16 ‘‘(1) IN GENERAL.—As part of the budget jus17 tification documents submitted to Congress in sup18 port of the budget for each fiscal year, the head of 

19 each Federal entity shall include a spectrum utiliza20 tion plan. 

21 ‘‘(2) CONTENTS.—A spectrum utilization plan 

22 submitted under paragraph (1) shall include— 

23 ‘‘(A) the total spectrum authorized for the 

24 entity (in percentage terms and in sum) in each 

25 band the entity uses; 


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1 ‘‘(B) the approximate number of transmit2 ters, end-user terminals, or receivers, excluding 

3 unintended radiators, that have been deployed 

4 by the entity or authorized to be used by the 

5 entity; 

6 ‘‘(C) if such information is available— 

7 ‘‘(i) the type of transmitters, end-user 

8 terminals, or receivers, excluding unin9 tended radiators, operated by the entity 

10 and whether they are space-, air-, or 

11 ground-based; 

12 ‘‘(ii) the type of transmitters, end13 user terminals, or receivers, excluding un14 intended radiators, authorized to be oper15 ated by the entity and whether they are 

16 space-, air-, or ground-based; 

17 ‘‘(iii) contour maps or other informa18 tion that illustrate the coverage area, re19 ceiver performance, and other parameters 

20 relevant to an assessment of the avail21 ability of spectrum in each band used by 

22 the entity; 

23 ‘‘(iv) the approximate geolocation of 

24 base stations or fixed transmitters used by 

25 the entity; 


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1 ‘‘(v) the approximate extent of use, by 

2 geography, of each band of frequencies 

3 used by the entity, such as the amount and 

4 percentage of time of use, number of end5 users, or other measures as appropriate to 

6 the particular band; 

7 ‘‘(vi) the activities, capabilities, func8 tions, or missions supported by the trans9 mitters, end-user terminals, or receivers 

10 used by the entity; and 

11 ‘‘(vii) the types of unlicensed devices 

12 authorized to be operated by the entity; 

13 ‘‘(D) the opportunity cost borne by the en14 tity for each spectrum band the entity uses; 

15 ‘‘(E) the planned uses of technologies or 

16 expanded services requiring spectrum for a pe17 riod of time agreed to by the entity; and 

18 ‘‘(F) suggested spectrum-efficient ap19 proaches to meeting the spectrum requirements 

20 identified under subparagraph (E). 

21 ‘‘(3) REQUIREMENT.—The head of each Fed22 eral entity required to submit a spectrum utilization 

23 plan under paragraph (1) shall submit a copy of 

24 each plan submitted under such paragraph to the 


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1 Reallocation Commission, the Secretary, and the 

2 NTIA. 

3 ‘‘(4) NATIONAL SECURITY; CLASSIFIED INFOR4 MATION.— 

5 ‘‘(A) NATIONAL SECURITY.—If the head of 

6 a Federal entity determines that disclosure of 

7 information required under paragraph (1) 

8 would be harmful to the national security of the 

9 United States, such head shall— 

10 ‘‘(i) notify the Secretary of such de11 termination; and 

12 ‘‘(ii) provide to the Secretary— 

13 ‘‘(I) the other publicly releasable 

14 information required by paragraph 

15 (1); 

16 ‘‘(II) to the maximum extent 

17 practicable, a summary description of 

18 the information with respect to which 

19 the determination was made; and 

20 ‘‘(III) an annex containing the 

21 information with respect to which the 

22 determination was made. 

23 ‘‘(B) CLASSIFIED INFORMATION.—If the 

24 head of a Federal entity determines that any 

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1 fied in accordance with Executive Order 13526 

2 of December 29, 2009, or any successor Execu3 tive order establishing or modifying the uniform 

4 system for classifying, safeguarding, and declas5 sifying national security information, such head 

6 shall— 

7 ‘‘(i) notify the Secretary of such de8 termination; and 

9 ‘‘(ii) provide to the Secretary— 

10 ‘‘(I) the information required by 

11 paragraph (1) that is not classified; 

12 ‘‘(II) to the maximum extent 

13 practicable, a summary description of 

14 the information that is classified; and 

15 ‘‘(III) an annex containing the 

16 information that is classified. 

17 ‘‘(C) ANNEX RESTRICTION.—The Sec18 retary shall make an annex described in sub19 paragraph (A)(ii)(III) or (B)(ii)(III) available 

20 to the NTIA and the Relocation Commission. 

21 The NTIA, the Secretary, and the Relocation 

22 Commission shall not make any such annex 

23 available to the public or to any unauthorized 

24 person through any means. 


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1 ‘‘(d) PROCEDURE FOR MAKING RECOMMENDATIONS

2 FOR SPECTRUM REALLOCATION.— 

3 ‘‘(1) RECOMMENDATIONS BY SECRETARY OF

4 COMMERCE.—Not later than 18 months after the 

5 President submits the budget documents that in6 clude spectrum utilization plans described in sub7 section (c) to Congress for the first fiscal year fol8 lowing the date of enactment of this section, the 

9 Secretary shall prepare and submit to the appro10 priate congressional committees, the Comptroller 

11 General of the United States, and the Reallocation 

12 Commission a report identifying and recommending 

13 for reallocation bands of frequencies— 

14 ‘‘(A) that are allocated on a primary basis 

15 for Federal Government use; 

16 ‘‘(B) that— 

17 ‘‘(i) are not required for the needs of 

18 the Federal Government at the time the 

19 report is submitted; or 

20 ‘‘(ii) will not be required for such 

21 needs in the identifiable future; and 

22 ‘‘(C) that can feasibly be made available, 

23 as of the date of submission of the report or at 

24 any time during the 5-year period beginning on 

25 such date, for assignment through a system of 


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1 competitive bidding under section 309(j) of the 

2 Communications Act of 1934 (47 U.S.C. 

3 309(j)). 

4 ‘‘(2) CRITERIA FOR IDENTIFICATION.— 

5 ‘‘(A) NEEDS OF THE FEDERAL GOVERN6 MENT.—In determining whether a band of fre7 quencies meets one of the criteria specified in 

8 paragraph (1)(B), the Secretary shall— 

9 ‘‘(i) consider whether the band of fre10 quencies is used to provide a communica11 tions service that is or could be available 

12 from a commercial provider or other ven13 dor, or whether the communications serv14 ices provided on such frequencies could be 

15 relocated to other frequencies used by the 

16 Federal Government; 

17 ‘‘(ii) seek to promote— 

18 ‘‘(I) the maximum practicable re19 liance on commercially available sub20 stitutes; 

21 ‘‘(II) the efficient use of spec22 trum by Federal Government stations; 

23 ‘‘(III) the development and use 

24 of new communications technologies; 

25 and 


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1 ‘‘(IV) the use of nonradiating 

2 communications systems where prac3 ticable; and 

4 ‘‘(iii) seek to avoid— 

5 ‘‘(I) serious degradation of Fed6 eral Government services and oper7 ations; 

8 ‘‘(II) excessive costs to the Fed9 eral Government and users of Federal 

10 Government services; and 

11 ‘‘(III) excessive disruption of ex12 isting use of Federal Government fre13 quencies by amateur radio licensees. 

14 ‘‘(B) DIRECT DISCUSSIONS.— 

15 ‘‘(i) IN GENERAL.—The Secretary 

16 shall encourage and provide opportunities 

17 for direct discussions among commercial 

18 representatives and Federal Government 

19 users of the spectrum to aid the Secretary 

20 in determining which frequencies to rec21 ommend for reallocation under paragraph 

22 (1). 

23 ‘‘(ii) HEARINGS AND PUBLIC COM24 MENT.—As part of the discussions re25 quired under clause (i), the Secretary shall 


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1 conduct public hearings and accept public 

2 comment on the recommendations. All tes3 timony before the Secretary at a public 

4 hearing conducted under this clause shall 

5 be presented under oath. All testimony and 

6 public comments collected under this 

7 clause shall be made available on a public 

8 website. 

9 ‘‘(iii) REPRESENTATION.—A rep10 resentative of the Reallocation Commis11 sion, and of the Secretary at the election 

12 of the Secretary, may attend any discus13 sion held under clause (i). 

14 ‘‘(iv) FURTHER COMMENT.—The Sec15 retary shall provide the public and the Re16 allocation Commission with an opportunity 

17 to comment on the results of a discussion 

18 held under clause (i) before the Secretary 

19 submits the recommendation required 

20 under paragraph (1). 

21 ‘‘(3) REVIEW AND RECOMMENDATIONS BY THE

22 REALLOCATION COMMISSION.— 

23 ‘‘(A) REVIEW.— 

24 ‘‘(i) IN GENERAL.—After receiving the 

25 recommendations from the Secretary under 


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1 paragraph (1), the Reallocation Commis2 sion shall review and analyze the rec3 ommendations. 

4 ‘‘(ii) HEARINGS.—As part of the re5 view and analysis required under clause (i), 

6 the Reallocation Commission shall conduct 

7 public hearings on the recommendations. 

8 All testimony before the Reallocation Com9 mission at a public hearing conducted 

10 under this clause shall be presented under 

11 oath. 

12 ‘‘(B) RECOMMENDATIONS.— 

13 ‘‘(i) IN GENERAL.—Not later than 

14 180 days after the Secretary submits rec15 ommendations under paragraph (1) to the 

16 Reallocation Commission, the Reallocation 

17 Commission shall submit to the President 

18 and the appropriate congressional commit19 tees a report on the findings and conclu20 sions of the Reallocation Commission from 

21 the review and analysis conducted under 

22 subparagraph (A), including any rec23 ommendations for Federal spectrum re24 allocation. 


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1 ‘‘(ii) REQUIREMENT.—A report sub2 mitted under clause (i) shall contain an ex3 planation and justification of any rec4 ommendation for Federal spectrum re5 allocation included in the report that is dif6 ferent from the recommendations sub7 mitted by the Secretary under paragraph 

8 (1). 

9 ‘‘(C) TRANSMISSION OF INFORMATION TO

10 CONGRESS.—After the Reallocation Commission 

11 submits recommendations to the President 

12 under subparagraph (B), upon request by a 

13 Member of Congress, the Reallocation Commis14 sion shall provide to the Member of Congress 

15 any information used by the Reallocation Com16 mission in making the recommendations. 

17 ‘‘(D) GAO REQUIREMENTS.—The Comp18 troller General of the United States shall— 

19 ‘‘(i) assist the Reallocation Commis20 sion, to the extent requested, in the review 

21 and analysis under subparagraph (A); and 

22 ‘‘(ii) not later than 90 days after the 

23 Secretary makes recommendations under 

24 paragraph (1), submit to Congress and to 

25 the Reallocation Commission a report that 


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1 contains a detailed analysis of the rec2 ommendations and selection process of the 

3 Secretary. 

4 ‘‘(4) REVIEW BY THE PRESIDENT.— 

5 ‘‘(A) IN GENERAL.—Not later than 30 

6 days after the Reallocation Commission submits 

7 recommendations for Federal spectrum realloca8 tion under paragraph (3)(B), the President 

9 shall— 

10 ‘‘(i) determine whether to approve the 

11 recommendations made by the Reallocation 

12 Commission; and 

13 ‘‘(ii) submit to Congress and the Re14 allocation Commission a report that de15 scribes the determination made under 

16 clause (i). 

17 ‘‘(B) APPROVAL.—If the President ap18 proves the recommendations under subpara19 graph (A)(i), the President shall transmit a 

20 copy of the recommendations to Congress. 

21 ‘‘(C) DISAPPROVAL.— 

22 ‘‘(i) IN GENERAL.—If the President 

23 disapproves the recommendations under 

24 subparagraph (A)(i), the President shall 

25 submit to Congress and to the Reallocation 


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1 Commission a report that describes the 

2 reasons that the President disapproves of 

3 the recommendations. 

4 ‘‘(ii) REALLOCATION COMMISSION RE5 VISIONS.—Not later than 60 days after the 

6 President submits to the Reallocation 

7 Commission a report under clause (i), the 

8 Reallocation Commission shall submit to 

9 the President a revised list of recommenda10 tions for reallocation of Federal spectrum. 

11 ‘‘(iii) APPROVAL AND DISAPPROVAL

12 OF REVISIONS.— 

13 ‘‘(I) APPROVAL.—If the Presi14 dent approves the revised list of rec15 ommendations submitted by the Re16 allocation Commission under clause 

17 (ii), the President shall submit the re18 vised list to Congress. 

19 ‘‘(II) DISAPPROVAL.—If the 

20 President disapproves the revised list 

21 of recommendations submitted by the 

22 Reallocation Commission under clause 

23 (ii), the President and the Realloca24 tion Commission shall complete the 

25 requirements described in clauses (i) 


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1 and (ii) until the President approves 

2 recommendations from the Realloca3 tion Commission. 

4 ‘‘(5) PUBLIC DISCLOSURE AND NONDISCLO5 SURE.— 

6 ‘‘(A) IN GENERAL.—If the head of an Ex7 ecutive agency or Federal entity, the Chair8 person, or the President determines that public 

9 disclosure of any information contained in the 

10 reports, recommendations, testimony, or com11 ments required under this section would reveal 

12 classified national security information or other 

13 information for which there is a legal basis for 

14 nondisclosure and such public disclosure would 

15 be detrimental to national security, homeland 

16 security, or public safety or would jeopardize 

17 law enforcement investigations, the head of the 

18 Executive agency or Federal entity, the Chair19 person, or the President shall notify the Sec20 retary of that determination prior to release of 

21 such information. 

22 ‘‘(B) ANNEX.— 

23 ‘‘(i) IN GENERAL.—If the head of an 

24 Executive agency or Federal entity, the 

25 Chairperson, or the President notified the 


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1 Secretary of a determination under sub2 paragraph (A), the information required to 

3 be disclosed under this section shall be in4 cluded in a separate classified annex, as 

5 needed. 

6 ‘‘(ii) REQUIREMENT.—A classified 

7 annex described under clause (i)— 

8 ‘‘(I) shall be provided to the sub9 committees of primary jurisdiction of 

10 the committees of primary jurisdiction 

11 of the Senate and House of Rep12 resentatives in accordance with appro13 priate national security stipulations; 

14 and 

15 ‘‘(II) shall not be disclosed to the 

16 public or provided to any unauthor17 ized person through any means. 

18 ‘‘(e) REALLOCATION OF FEDERAL SPECTRUM.— 

19 ‘‘(1) AGENCY ACTION.— 

20 ‘‘(A) NTIA REQUIREMENT.—Not later 

21 than 180 days after the date on which the 

22 President submits approved recommendations 

23 for the reallocation of Federal spectrum to Con24 gress under subparagraph (B) or (C)(iii)(I) of 

25 subsection (d)(4), the NTIA shall provide to 


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1 each Federal entity that is required to take ac2 tion under the recommendations information re3 garding an alternative frequency assignment to 

4 which the radio communications operations of 

5 the Federal entity could be relocated for pur6 poses of calculating the estimated relocation 

7 costs and timeline required under subparagraph 

8 (C). 

9 ‘‘(B) REQUIREMENT.—To the extent prac10 ticable and consistent with national security 

11 considerations, the NTIA shall provide the in12 formation described in subparagraph (A) by the 

13 geographic location of the facilities or systems 

14 of the Federal entity and the frequency bands 

15 used by the facilities or systems. 

16 ‘‘(C) IMPLEMENTATION PLAN.— 

17 ‘‘(i) IN GENERAL.—Not later than 1 

18 year after the date on which the President 

19 submits approved recommendations for the 

20 reallocation of Federal spectrum to Con21 gress under subparagraph (B) or (C)(iii)(I) 

22 of subsection (d)(4), the head of each Fed23 eral entity required to relocate spectrum 

24 under the recommendations shall prepare 

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1 priate congressional committees, the 

2 NTIA, the Federal Communications Com3 mission, the Director of the Office of Man4 agement and Budget, and the Comptroller 

5 General of the United States a plan for 

6 implementation of the recommendations re7 lated to the Federal entity. 

8 ‘‘(ii) CONTENTS.—An implementation 

9 plan submitted under clause (i) shall in10 clude— 

11 ‘‘(I) a description of how the 

12 Federal entity will comply with the 

13 approved recommendations for the re14 allocation of Federal spectrum sub15 mitted to Congress under subpara16 graph (B) or (C)(iii)(I) of subsection 

17 (d)(4); 

18 ‘‘(II) any statutory or regulatory 

19 barriers that will prohibit the Federal 

20 entity from complying with the rec21 ommendations described in subclause 

22 (I); 

23 ‘‘(III) the estimated cost to the 

24 Federal entity of frequency with25 drawal or relocation; and 


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1 ‘‘(IV) the estimated timeline of 

2 the Federal entity for frequency with3 drawal or relocation. 

4 ‘‘(D) REVIEW OF IMPLEMENTATION

5 PLAN.— 

6 ‘‘(i) IN GENERAL.—Not later than 30 

7 days after the date on which the plan is 

8 submitted under subparagraph (C), the Di9 rector of the Office of Management and 

10 Budget shall review the implementation 

11 plan and determine whether to approve the 

12 plan. 

13 ‘‘(ii) DISAPPROVAL.—If an implemen14 tation plan submitted under subparagraph 

15 (C) is disapproved by the Director of the 

16 Office of Management and Budget, the 

17 Federal entity shall submit a revised imple18 mentation plan under such subparagraph, 

19 and the submission and review process 

20 shall continue until an implementation 

21 plan is approved. 

22 ‘‘(iii) APPROVAL OF ALL PLANS.—Not 

23 later than 7 days after the date on which 

24 the Director of the Office of Management 

25 and Budget approves the plans submitted 


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1 under subparagraph (C), the Director shall 

2 notify the Federal Communications Com3 mission of the estimated relocation costs 

4 and timelines of all Federal entities re5 quired to submit a plan under such sub6 paragraph. 

7 ‘‘(iv) REVIEW OF PROGRESS.—At the 

8 beginning of each fiscal year following ap9 proval of a plan required under subpara10 graph (C), the Director of the Office of 

11 Management and Budget shall review the 

12 progress of the Federal entity in meeting 

13 the cost and timelines of the implementa14 tion plan. If, at any point, the Director de15 termines the Federal entity will not meet 

16 the implementation plan timelines or cost, 

17 the Director shall take action to enforce 

18 the approved plan. 

19 ‘‘(E) COMPLIANCE.— 

20 ‘‘(i) INITIATION OF REQUIRED AC21 TION.—Not later than 2 years after the 

22 date on which the President submits ap23 proved recommendations for the realloca24 tion of Federal spectrum to Congress 

25 under subparagraph (B) or (C)(iii)(I) of 


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1 subsection (d)(4), the head of each Federal 

2 entity shall initiate all such actions re3 quired to comply with the approved rec4 ommendations. 

5 ‘‘(ii) COMPLETION OF REQUIRED AC6 TION.—Not later than 5 years after the 

7 date on which the President submits ap8 proved recommendations for the realloca9 tion of Federal spectrum to Congress 

10 under subparagraph (B) or (C)(iii)(I) of 

11 subsection (d)(4), the head of each Federal 

12 entity shall complete all such actions re13 quired to comply with the approved rec14 ommendations. 

15 ‘‘(2) CONGRESSIONAL DISAPPROVAL.— 

16 ‘‘(A) IN GENERAL.—No Federal entity 

17 may initiate any action in accordance with the 

18 approved recommendations for the reallocation 

19 of Federal spectrum submitted to Congress by 

20 the President under subparagraph (B) or 

21 (C)(iii)(I) of subsection (d)(4) if there is en22 acted a joint resolution disapproving the rec23 ommendations before the earlier of— 

24 ‘‘(i) the end of the 45-day period be25 ginning on the date on which the President 


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1 submits the recommendations to Congress 

2 under subparagraph (B) or (C)(iii)(I) of 

3 subsection (d)(4); or 

4 ‘‘(ii) the adjournment of Congress 

5 sine die for the session during which the 

6 recommendations described in clause (i) 

7 are submitted. 

8 ‘‘(B) COMPUTATION OF TIME PERIOD.— 

9 The days on which either the Senate or the 

10 House of Representatives is not in session be11 cause of an adjournment for more than 3 days 

12 to a day certain shall be excluded in the com13 putation of the time period described in sub14 paragraph (A)(i). 

15 ‘‘(3) NOTIFICATION OF SUCCESSFUL RELOCA16 TION.—The President shall terminate the authoriza17 tion of a Federal entity and notify the Secretary and 

18 the Federal Communications Commission of the ter19 mination if— 

20 ‘‘(A) the NTIA determines that a Federal 

21 entity has achieved comparable capability of 

22 systems by relocating to a new frequency as23 signment or by utilizing an alternative tech24 nology; or 


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1 ‘‘(B) the Federal entity has unreasonably 

2 failed to comply with the timeline for relocation 

3 approved by the Director of the Office of Man4 agement and Budget under paragraph (1)(D). 

5 ‘‘(f) AUCTION OF AVAILABLE FREQUENCIES.— 

6 ‘‘(1) IN GENERAL.—Not later than 18 months 

7 after the date on which the President submits ap8 proved recommendations for the reallocation of Fed9 eral spectrum to Congress under subparagraph (B) 

10 or (C)(iii)(I) of subsection (d)(4), the Federal Com11 munications Commission shall establish rules for the 

12 conduct of auctions of frequencies that will be made 

13 available according to such recommendations for as14 signment of new initial licenses subject to new serv15 ice rules or for other purposes. 

16 ‘‘(2) REQUIREMENT.—In promulgating rules 

17 under paragraph (1), the Federal Communications 

18 Commission shall— 

19 ‘‘(A) minimize the cost to the taxpayer of 

20 the transition of the spectrum to be auctioned 

21 to its newly identified use; and 

22 ‘‘(B) ensure that any licensing conditions 

23 established are restricted to interference protec24 tions and ethical, geographic, and financial 

25 qualifications of licensees. 


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1 ‘‘(3) SCHEDULE FOR AUCTIONS.—Not later 

2 than 2 years after the date on which the President 

3 submits approved recommendations for the realloca4 tion of Federal spectrum to Congress under sub5 paragraph (B) or (C)(iii)(I) of subsection (d)(4), the 

6 Federal Communications Commission shall com7 mence auctions under this subsection. 

8 ‘‘(g) RELOCATION OF FEDERAL GOVERNMENT STA9 TIONS.— 

10 ‘‘(1) RELOCATION COSTS.—Any Federal entity 

11 that operates a Federal Government station assigned 

12 to a band of frequencies and that incurs relocation 

13 costs because of the reallocation of frequencies from 

14 Federal use to non-Federal use pursuant to this sec15 tion shall receive payment for such costs from the 

16 Spectrum Relocation Fund, in accordance with sec17 tion 118. 

18 ‘‘(2) FEDERAL ACTION TO EXPEDITE SPEC19 TRUM TRANSFER.—Any Federal Government station 

20 which operates on electromagnetic spectrum that has 

21 been identified in the approved recommendations for 

22 the reallocation of Federal spectrum submitted to 

23 Congress by the President under subparagraph (B) 

24 or (C)(iii)(I) of subsection (d)(4) shall, to the max25 imum extent practicable through the use of the auVerDate Mar 15 2010 02:01 Feb 16, 2012 Jkt 019200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H4044.IH H4044

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1 thority granted under this section and any other ap2 plicable provision of law, take action to relocate its 

3 spectrum use to other frequencies that are allocated 

4 for Federal use or to consolidate its spectrum use 

5 with other Federal Government stations in a manner 

6 that maximizes the spectrum available for non-Fed7 eral use. 

8 ‘‘(3) FAILURE TO COMPLY.—If a Federal entity 

9 does not comply with the timeline established in the 

10 implementation plan of the entity that was approved 

11 under subsection (e)(1)(D), Congress may decrease 

12 the amount appropriated to the entity in the following fiscal year by up to 1 13 ⁄2 of 1 percent. 

14 ‘‘(4) EQUIPMENT UPGRADES FOR DEPARTMENT

15 OF DEFENSE.—If a band of frequencies assigned to 

16 the Department of Defense is reallocated from Fed17 eral use to non-Federal use pursuant to this section, 

18 the relocation costs for which the Department may 

19 receive payment from the Spectrum Relocation Fund 

20 under section 118 shall include the costs of replace21 ment with state-of-the-art equipment of any of the 

22 equipment used for relocated operations, whether or 

23 not such replacement is necessary to achieve com24 parable capability of systems, if the Secretary of De25 fense considers such replacement appropriate. 


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1 ‘‘(h) TREATMENT OF CERTAIN SPECTRUM SUBJECT

2 TO OTHER REALLOCATION PROCESSES.—In the case of 

3 spectrum that has been identified for reallocation, is in 

4 the process of being reallocated, or has been reallocated 

5 from Federal to non-Federal use under any other provi6 sion of law or administrative process, but with respect to 

7 relocation from which the Federal entity being relocated 

8 has not received payment for relocation costs, such spec9 trum shall be treated as spectrum allocated for Federal 

10 use that may be recommended for reallocation by the Sec11 retary, the Reallocation Commission, or the President 

12 under this section.’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

14 (1) AUCTION PROCEEDS.—Section 309(j) of the 

15 Communications Act of 1934 (47 U.S.C. 309(j)) is 

16 amended— 

17 (A) in paragraph (3), by amending sub18 paragraph (F) to read as follows: 

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

20 described in section 113(g)(2) of the National 

21 Telecommunications and Information Adminis22 tration Organization Act (47 U.S.C. 923(g)(2)) 

23 or frequencies described in section 119(f)(1) of 

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1 mission under section 113(g)(4) or 

2 119(e)(1)(D)(iii), respectively, of such Act.’’; 

3 (B) in paragraph (8)(D)— 

4 (i) by striking the header and insert5 ing ‘‘PROCEEDS FROM REALLOCATED FED6 ERAL SPECTRUM’’; 

7 (ii) by striking ‘‘Cash’’ and inserting 

8 the following: 

9 ‘‘(i) IN GENERAL.—Cash’’; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(ii) EXCEPTION.—With respect to 

13 each auction of frequencies described in 

14 section 119(f)(1) of such Act, an amount 

15 of the proceeds equal to the estimated relo16 cation costs provided to the Commission 

17 under section 119(e)(1)(D)(iii) for reloca18 tion of Federal entities from the fre19 quencies being assigned through such auc20 tion shall be deposited in the Spectrum Re21 location Fund. The remainder shall be de22 posited in the general fund of the Treasury 

23 for the sole purpose of deficit reduction.’’; 

24 and 

25 (C) in paragraph (16)— 


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1 (i) in the header, by striking ‘‘ELIGI2 BLE FREQUENCIES’’ and inserting ‘‘RE3 ALLOCATED FEDERAL SPECTRUM’’; 

4 (ii) by amending subparagraphs (A) 

5 and (B) to read as follows: 

6 ‘‘(A) SPECIAL REGULATIONS.—The Com7 mission shall revise the regulations prescribed 

8 under paragraph (4)(F) to prescribe methods 

9 by which— 

10 ‘‘(i) the total cash proceeds from any 

11 auction of eligible frequencies described in 

12 section 113(g)(2) of the National Tele13 communications and Information Adminis14 tration Organization Act (47 U.S.C. 

15 923(g)(2)) shall at least equal 110 percent 

16 of the total estimated relocation costs pro17 vided to the Commission pursuant to sec18 tion 113(g)(4) of such Act; and 

19 ‘‘(ii) the total cash proceeds from any 

20 auction of frequencies described in section 

21 119(f)(1) of such Act shall at least equal 

22 110 percent of the total estimated reloca23 tion costs provided to the Commission pur24 suant to section 119(e)(1)(D)(iii) of such 

25 Act. 


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1 ‘‘(B) CONCLUSION OF AUCTIONS CONTIN2 GENT ON MINIMUM PROCEEDS.— 

3 ‘‘(i) IN GENERAL.—The Commission 

4 may not conclude any auction— 

5 ‘‘(I) of eligible frequencies de6 scribed in section 113(g)(2) of the 

7 National Telecommunications and In8 formation Administration Organiza9 tion Act (47 U.S.C. 923(g)(2)) if the 

10 total cash proceeds attributable to 

11 such spectrum are less than 110 per12 cent of the total estimated relocation 

13 costs provided to the Commission pur14 suant to section 113(g)(4) of such 

15 Act; or 

16 ‘‘(II) of frequencies described in 

17 section 119(f)(1) of such Act if the 

18 total cash proceeds attributable to 

19 such spectrum are less than 110 per20 cent of the total estimated relocation 

21 costs provided to the Commission pur22 suant to section 119(e)(1)(D)(iii) of 

23 such Act. 

24 ‘‘(ii) INABILITY TO CONCLUDE AUC25 TION.—If the Commission is unable to 


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1 conclude an auction because of the require2 ment of subclause (I) or (II) of clause (i), 

3 the Commission shall cancel the auction, 

4 return within 45 days after the auction 

5 cancellation date any deposits from partici6 pating bidders held in escrow, and absolve 

7 such bidders from any obligation to the 

8 United States to bid in any subsequent re9 auction of such spectrum.’’; and 

10 (iii) in subparagraph (C)— 

11 (I) by striking ‘‘eligible fre12 quencies’’ and inserting ‘‘frequencies’’; 

13 and 

14 (II) by striking ‘‘an eligible Fed15 eral entity’s’’ and inserting ‘‘a Federal 

16 entity’s’’. 

17 (2) SEPARATION FROM RELOCATION PROCESS

18 UNDER SECTION 113 OF THE NTIA ORGANIZATION

19 ACT.—Section 113(g)(2)(B) of the National Tele20 communications and Information Administration Or21 ganization Act (47 U.S.C. 923(g)(2)(B)) is amended 

22 by inserting before the period at the end the fol23 lowing: ‘‘, or frequencies described in section 

24 119(f)(1)’’. 


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1 (3) SPECTRUM RELOCATION FUND.—Section 

2 118 of the National Telecommunications and Infor3 mation Administration Organization Act (47 U.S.C. 

4 928) is amended— 

5 (A) by amending subsection (c) to read as 

6 follows: 

7 ‘‘(c) USED TO PAY RELOCATION COSTS.—The 

8 amounts in the Fund— 

9 ‘‘(1) from auctions of eligible frequencies de10 scribed in section 113(g)(2) are authorized to be 

11 used to pay relocation costs, as defined in section 

12 113(g)(3), of an eligible Federal entity incurring 

13 such costs with respect to relocation from those fre14 quencies; and 

15 ‘‘(2) from auctions of frequencies described in 

16 section 119(f)(1) are authorized to be used to pay 

17 relocation costs, as defined in section 119(a)(7), of 

18 a Federal entity incurring such costs with respect to 

19 relocation from those frequencies.’’; 

20 (B) in subsection (d)(2)— 

21 (i) in the matter before subparagraph 

22 (A), by striking ‘‘eligible’’; 

23 (ii) in subparagraph (B), by striking 

24 ‘‘for approval’’ each place it appears; and 


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1 (iii) in the matter after subparagraph 

2 (B), by striking ‘‘Unless disapproved’’ and 

3 all that follows and inserting ‘‘In the case 

4 of an initial transfer to a Federal entity in5 curring relocation costs with respect to re6 location from frequencies described in sec7 tion 119(f)(1), approval of the implementa8 tion plan of the entity under section 

9 119(e)(1)(D) constitutes approval under 

10 subparagraph (A).’’; and 

11 (C) in subsection (e)— 

12 (i) in the header, by striking ‘‘ELIGI13 BLE’’; 

14 (ii) in paragraph (1)— 

15 (I) in subparagraph (A), by strik16 ing ‘‘section 113(g)(1) of this Act’’ 

17 and inserting ‘‘section 113(g)(1), or 

18 Federal entities incurring relocation 

19 costs with respect to relocation from 

20 frequencies described in section 

21 119(f)(1)’’; 

22 (II) in subparagraph (B), by 

23 striking ‘‘An eligible Federal entity’’ 

24 and inserting ‘‘A Federal entity’’; and 


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1 (III) in subparagraph (C), by 

2 striking ‘‘eligible’’; and 

3 (iii) in paragraph (2), by striking ‘‘An 

4 eligible Federal entity’’ and inserting ‘‘A 

5 Federal entity’’. 

6 SEC. 4. PROHIBITION AGAINST CERTAIN CONDITIONS ON 

7 LICENSURE AND AUCTION PARTICIPATION. 

8 Section 309(j) of the Communications Act of 1934, 

9 as amended by section 3(b)(1), is further amended by add10 ing at the end the following: 

11 ‘‘(17) PROHIBITION AGAINST CERTAIN CONDI12 TIONS ON LICENSURE AND AUCTION PARTICIPA13 TION.—The Commission may not— 

14 ‘‘(A) establish on a license for the use of 

15 spectrum frequencies any condition relating to 

16 its Report and Order with regard to Preserving 

17 the Open Internet; Broadband Industry Prac18 tices (GN Docket No. 09–191, WC Docket No. 

19 07–52) (adopted December 21, 2010); 

20 ‘‘(B) restrict the number or type of bidders 

21 or any specific bidder from participating in any 

22 public auction for the assignment of licenses for 

23 the use of spectrum frequencies; 


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1 ‘‘(C) prescribe the rates or terms of or oth2 erwise condition services that may be offered by 

3 successful bidders in any such auction; or 

4 ‘‘(D) notwithstanding section 316, impose 

5 any additional license requirements or rules on 

6 successful bidders once any such auction has 

7 been completed.’’. 

Æ 


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