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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 707 Referred in Senate (RFS)]

103d CONGRESS
  1st Session
                                H. R. 707

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 3, 1993

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT

 
To establish procedures to improve the allocation and assignment of the 
           electromagnetic spectrum, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emerging Telecommunications 
Technologies Act of 1993''.

SEC. 2. AMENDMENT TO THE NATIONAL TELECOMMUNICATIONS AND INFORMATION 
              ADMINISTRATION ORGANIZATION ACT.

    The National Telecommunications and Information Administration 
Organization Act is amended--
            (1) by redesignating part B as part C; and
            (2) by inserting after part A the following new part:

           ``PART B--EMERGING TELECOMMUNICATIONS TECHNOLOGIES

``SEC. 111. FINDINGS.

    ``The Congress finds that--
            ``(1) the Federal Government currently reserves for its own 
        use, or has priority of access to, approximately 40 percent of 
        the electromagnetic spectrum that is assigned for use pursuant 
        to the Communications Act of 1934;
            ``(2) many of such frequencies are underutilized by Federal 
        Government licensees;
            ``(3) the public interest requires that many of such 
        frequencies be utilized more efficiently by Federal Government 
        and non-Federal licensees;
            ``(4) additional frequencies are assigned for services that 
        could be obtained more efficiently from commercial carriers or 
        other vendors;
            ``(5) scarcity of assignable frequencies for licensing by 
        the Commission can and will--
                    ``(A) impede the development and commercialization 
                of new telecommunications products and services;
                    ``(B) limit the capacity and efficiency of the 
                United States telecommunications systems;
                    ``(C) prevent some State and local police, fire, 
                and emergency services from obtaining urgently needed 
                radio channels; and
                    ``(D) adversely affect the productive capacity and 
                international competitiveness of the United States 
                economy;
            ``(6) a reassignment of these frequencies can produce 
        significant economic returns; and
            ``(7) the Secretary of Commerce, the President, and the 
        Federal Communications Commission should be directed to take 
        appropriate steps to correct these deficiencies.

``SEC. 112. NATIONAL SPECTRUM PLANNING.

    ``(a) Planning Activities.--The Assistant Secretary and the 
Chairman of the Commission shall meet, at least biannually, to conduct 
joint spectrum planning with respect to the following issues--
            ``(1) the future spectrum requirements for public and 
        private uses, including State and local government public 
        safety agencies;
            ``(2) the spectrum allocation actions necessary to 
        accommodate those uses; and
            ``(3) actions necessary to promote the efficient use of the 
        spectrum, including spectrum management techniques to promote 
        increased shared use of the spectrum that does not cause 
        harmful interference as a means of increasing commercial 
        access.
    ``(b) Reports.--The Assistant Secretary and the Chairman of the 
Commission shall submit a joint annual report to the Committee on 
Energy and Commerce of the House of Representatives, the Committee on 
Commerce, Science, and Transportation of the Senate, the Secretary, and 
the Commission on the joint spectrum planning activities conducted 
under subsection (a) and recommendations for action developed pursuant 
to such activities.
    ``(c) Reporting Requirements.--The first annual report submitted 
after the date of the report by the advisory committee under section 
113(d)(4) shall--
            ``(1) include an analysis of and response to that committee 
        report; and
            ``(2) include an analysis of the effect on spectrum 
        efficiency and the cost of equipment to Federal spectrum users 
        of maintaining separate allocations for Federal Government and 
        non-Federal Government licensees for the same or similar 
        services.

``SEC. 113. IDENTIFICATION OF REALLOCABLE FREQUENCIES.

    ``(a) Identification Required.--The Secretary shall, within 24 
months after the date of the enactment of this part, prepare and submit 
to the President and the Congress a report identifying bands of 
frequencies that--
            ``(1) are allocated on a primary basis for Federal 
        Government use and eligible for licensing pursuant to section 
        305(a) of the Act (47 U.S.C. 305(a));
            ``(2) are not required for the present or identifiable 
        future needs of the Federal Government;
            ``(3) can feasibly be made available, as of the date of 
        submission of the report or at any time during the next 15 
        years, for use under the Act (other than for Federal Government 
        stations under such section 305);
            ``(4) will not result in costs to the Federal Government, 
        or losses of services or benefits to the public, that are 
        excessive in relation to the benefits that may be obtained by 
        non-Federal licensees; and
            ``(5) are most likely to have the greatest potential for 
        productive uses and public benefits under the Act.
    ``(b) Minimum Amount of Spectrum Recommended.--
            ``(1) In general.--Based on the report required by 
        subsection (a), the Secretary shall recommend for reallocation, 
        for use other than by Federal Government stations under section 
        305 of the Act (47 U.S.C. 305), bands of frequencies that span 
        a total of not less than 200 megahertz, that are located below 
        6 gigahertz, and that meet the criteria specified in paragraphs 
        (1) through (4) of subsection (a). The Secretary may not 
        include, in such 200 megahertz, bands of frequencies that span 
        more than 20 megahertz and that are located between 5 and 6 
        gigahertz. If the report identifies (as meeting such criteria) 
        bands of frequencies spanning more than 200 megahertz, the 
        report shall identify and recommend for reallocation those 
        bands (spanning not less than 200 megahertz) that meet the 
        criteria specified in paragraph (5) of such subsection.
            ``(2) Mixed uses permitted to be counted.--Bands of 
        frequencies which the Secretary's report recommends be 
        partially retained for use by Federal Government stations, but 
        which are also recommended to be reallocated to be made 
        available under the Act for use by non-Federal stations, may be 
        counted toward the minimum spectrum required by paragraph (1) 
        of this subsection, except that--
                    ``(A) the bands of frequencies counted under this 
                paragraph may not count toward more than one-half of 
                the minimum required by paragraph (1) of this 
                subsection;
                    ``(B) a band of frequencies may not be counted 
                under this paragraph unless the assignments of the band 
                to Federal Government stations under section 305 of the 
                Act (47 U.S.C. 305) are limited by geographic area, by 
                time, or by other means so as to guarantee that the 
                potential use to be made by such Federal Government 
                stations is substantially less (as measured by 
                geographic area, time, or otherwise) than the potential 
                use to be made by non-Federal stations; and
                    ``(C) the operational sharing permitted under this 
                paragraph shall be subject to coordination procedures 
                which the Commission shall establish and implement to 
                ensure against harmful interference.
    ``(c) Criteria for Identification.--
            ``(1) Needs of the federal government.--In determining 
        whether a band of frequencies meets the criteria specified in 
        subsection (a)(2), the Secretary shall--
                    ``(A) consider whether the band of frequencies is 
                used to provide a communications service that is or 
                could be available from a commercial carrier or other 
                vendor;
                    ``(B) seek to promote--
                            ``(i) the maximum practicable reliance on 
                        commercially available substitutes;
                            ``(ii) the sharing of frequencies (as 
                        permitted under subsection (b)(2));
                            ``(iii) the development and use of new 
                        communications technologies; and
                            ``(iv) the use of nonradiating 
                        communications systems where practicable; and
                    ``(C) seek to avoid--
                            ``(i) serious degradation of Federal 
                        Government services and operations; and
                            ``(ii) excessive costs to the Federal 
                        Government and users of Federal Government 
                        services.
            ``(2) Feasibility of use.--In determining whether a 
        frequency band meets the criteria specified in subsection 
        (a)(3), the Secretary shall--
                    ``(A) assume such frequencies will be assigned by 
                the Commission under section 303 of the Act (47 U.S.C. 
                303) over the course of not less than 15 years;
                    ``(B) assume reasonable rates of scientific 
                progress and growth of demand for telecommunications 
                services;
                    ``(C) determine the extent to which the 
                reallocation or reassignment will relieve actual or 
                potential scarcity of frequencies available for 
                licensing by the Commission for non-Federal use;
                    ``(D) seek to include frequencies which can be used 
                to stimulate the development of new technologies; and
                    ``(E) consider the immediate and recurring costs to 
                reestablish services displaced by the reallocation of 
                spectrum.
            ``(3) Analysis of benefits.--In determining whether a band 
        of frequencies meets the criteria specified in subsection 
        (a)(4), the Secretary shall consider--
                    ``(A) the extent to which equipment is or will be 
                available that is capable of utilizing the band;
                    ``(B) the proximity of frequencies that are already 
                assigned for commercial or other non-Federal use; and
                    ``(C) the activities of foreign governments in 
                making frequencies available for experimentation or 
                commercial assignments in order to support their 
                domestic manufacturers of equipment.
            ``(4) Power agency frequencies.--
                    ``(A) Eligible for mixed use only.--The frequencies 
                assigned to any Federal power agency may only be 
                eligible for mixed use under subsection (b)(2) in 
                geographically separate areas and shall not be 
                recommended for the purposes of withdrawing that 
                assignment. In any case where a frequency is to be 
                shared by an affected Federal power agency and a non-
                Federal user, such use by the non-Federal user shall, 
                consistent with the procedures established under 
                subsection (b)(2)(C), not cause harmful interference to 
                the affected Federal power agency or adversely affect 
                the reliability of its power system.
                    ``(B) Definition.--As used in this paragraph, the 
                term `Federal power agency' means the Tennessee Valley 
                Authority, the Bonneville Power Administration, the 
                Western Area Power Administration, or the Southwestern 
                Power Administration.
    ``(d) Procedure for Identification of Reallocable Bands of 
Frequencies.--
            ``(1) Submission of preliminary identification to 
        congress.--Within 12 months after the date of the enactment of 
        this part, the Secretary shall prepare and submit to the 
        Congress a report which makes a preliminary identification of 
        reallocable bands of frequencies which meet the criteria 
        established by this section.
            ``(2) Convening of advisory committee.--Not later than the 
        date the Secretary submits the report required by paragraph 
        (1), the Secretary shall convene an advisory committee to--
                    ``(A) review the bands of frequencies identified in 
                such report;
                    ``(B) advise the Secretary with respect to (i) the 
                bands of frequencies which should be included in the 
                final report required by subsection (a), and (ii) the 
                effective dates which should be established under 
                subsection (e) with respect to such frequencies;
                    ``(C) receive public comment on the Secretary's 
                report and on the final report; and
                    ``(D) prepare and submit the report required by 
                paragraph (4).
        The advisory committee shall meet at least monthly until each 
        of the actions required by section 114(a) have taken place.
            ``(3) Composition of committee; chairman.--The advisory 
        committee shall include--
                    ``(A) the Chairman of the Commission and the 
                Assistant Secretary, and one other representative of 
                the Federal Government as designated by the Secretary; 
                and
                    ``(B) representatives of--
                            ``(i) United States manufacturers of 
                        spectrum-dependent telecommunications 
                        equipment;
                            ``(ii) commercial carriers;
                            ``(iii) other users of the electromagnetic 
                        spectrum, including radio and television 
                        broadcast licensees, State and local public 
                        safety agencies, and the aviation industry; and
                            ``(iv) other interested members of the 
                        public who are knowledgeable about the uses of 
                        the electromagnetic spectrum.
        A majority of the members of the committee shall be members 
        described in subparagraph (B), and one of such members shall be 
        designated as chairman by the Secretary.
            ``(4) Recommendations on spectrum allocation procedures.--
        The advisory committee shall, not later than 36 months after 
        the date of the enactment of this part, submit to the 
        Secretary, the Commission, the Committee on Energy and Commerce 
        of the House of Representatives, and the Committee on Commerce, 
        Science, and Transportation of the Senate, a report containing 
        such recommendations as the advisory committee considers 
        appropriate for the reform of the process of allocating the 
        electromagnetic spectrum between Federal and non-Federal use, 
        and any dissenting views thereon.
    ``(e) Timetable for Reallocation and Limitation.--
            ``(1) Timetable required.--The Secretary shall, as part of 
        the report required by subsection (a), include a timetable that 
        recommends immediate and delayed effective dates by which the 
        President shall withdraw or limit assignments on the 
        frequencies specified in the report.
            ``(2) Expedited reallocation of initial 30 mhz permitted.--
        The Secretary may prepare and submit to the President a report 
        which specifically identifies an initial 30 megahertz of 
        spectrum that meets the criteria described in subsection (a) 
        and that can be made available for reallocation immediately 
        upon issuance of the report required by this section.
            ``(3) Delayed effective date.--The recommended delayed 
        effective dates shall--
                    ``(A) permit the earliest possible reallocation of 
                the frequency bands, taking into account the 
                requirements of section 115(1);
                    ``(B) be based on the useful remaining life of 
                equipment that has been purchased or contracted for to 
                operate on identified frequencies;
                    ``(C) be based on the need to coordinate frequency 
                use with other nations; and
                    ``(D) take into account the relationship between 
                the costs to the Federal Government of changing to 
                different frequencies and the benefits that may be 
                obtained from commercial and other non-Federal uses of 
                the reassigned frequencies.

``SEC. 114. WITHDRAWAL OF ASSIGNMENT TO FEDERAL GOVERNMENT STATIONS.

    ``(a) In General.--The President shall--
            ``(1) within 6 months after receipt of the Secretary's 
        report under section 113(a), withdraw the assignment to a 
        Federal Government station of any frequency which the report 
        recommends for immediate reallocation;
            ``(2) within such 6-month period, limit the assignment to a 
        Federal Government station of any frequency which the report 
        recommends be made immediately available for mixed use under 
        section 113(b)(2);
            ``(3) by the delayed effective date recommended by the 
        Secretary under section 113(e) (except as provided in 
        subsection (b)(4) of this section), withdraw or limit the 
        assignment to a Federal Government station of any frequency 
        which the report recommends be reallocated or made available 
        for mixed use on such delayed effective date;
            ``(4) assign or reassign other frequencies to Federal 
        Government stations as necessary to adjust to such withdrawal 
        or limitation of assignments; and
            ``(5) transmit a notice and description to the Commission 
        and each House of Congress of the actions taken under this 
        subsection.
    ``(b) Exceptions.--
            ``(1) Authority to substitute.--If the President determines 
        that a circumstance described in paragraph (2) exists, the 
        President--
                    ``(A) may substitute an alternative frequency or 
                band of frequencies for the frequency or band that is 
                subject to such determination and withdraw (or limit) 
                the assignment of that alternative frequency or band in 
                the manner required by subsection (a); and
                    ``(B) shall submit a statement of the reasons for 
                taking the action described in subparagraph (A) to the 
                Committee on Energy and Commerce of the House of 
                Representatives and the Committee on Commerce, Science, 
                and Transportation of the Senate.
            ``(2) Grounds for substitution.--For purposes of paragraph 
        (1), the following circumstances are described in this 
        paragraph:
                    ``(A) the reassignment would seriously jeopardize 
                the national defense interests of the United States;
                    ``(B) the frequency proposed for reassignment is 
                uniquely suited to meeting important governmental 
                needs;
                    ``(C) the reassignment would seriously jeopardize 
                public health or safety; or
                    ``(D) the reassignment will result in costs to the 
                Federal Government that are excessive in relation to 
                the benefits that may be obtained from commercial or 
                other non-Federal uses of the reassigned frequency.
            ``(3) Criteria for substituted frequencies.--For purposes 
        of paragraph (1), a frequency may not be substituted for a 
        frequency identified by the report of the Secretary under 
        section 113(a) unless the substituted frequency also meets each 
        of the criteria specified by section 113(a).
            ``(4) Delays in implementation.--If the President 
        determines that any action cannot be completed by the delayed 
        effective date recommended by the Secretary pursuant to section 
        113(e), or that such an action by such date would result in a 
        frequency being unused as a consequence of the Commission's 
        plan under section 115, the President may--
                    ``(A) withdraw or limit the assignment to Federal 
                Government stations on a later date that is consistent 
                with such plan, except that the President shall notify 
                each committee specified in paragraph (1)(B) and the 
                Commission of the reason that withdrawal or limitation 
                at a later date is required; or
                    ``(B) substitute alternative frequencies pursuant 
                to the provisions of this subsection.
    ``(c) Limitation on Delegation.--Notwithstanding any other 
provision of law, the authorities and duties established by this 
section may not be delegated.

``SEC. 115. DISTRIBUTION OF FREQUENCIES BY THE COMMISSION.

    Not later than 1 year after the President notifies the Commission 
pursuant to section 114(a)(5), the Commission shall prepare, in 
consultation with the Assistant Secretary when necessary, and submit to 
the President and the Congress, a plan for the distribution under the 
Act of the frequency bands reallocated pursuant to the requirements of 
this part. Such plan shall--
            ``(1) not propose the immediate distribution of all such 
        frequencies, but, taking into account the timetable recommended 
        by the Secretary pursuant to section 113(e), shall propose--
                    ``(A) gradually to distribute the frequencies 
                remaining, after making the reservation required by 
                subparagraph (B), over the course of a period of not 
                less than 10 years beginning on the date of submission 
                of such plan; and
                    ``(B) to reserve a significant portion of such 
                frequencies for distribution beginning after the end of 
                such 10-year period;
            ``(2) contain appropriate provisions to ensure--
                    ``(A) the availability of frequencies for new 
                technologies and services in accordance with the 
                policies of section 7 of the Act (47 U.S.C. 157); and
                    ``(B) the availability of frequencies to stimulate 
                the development of such technologies;
            ``(3) address (A) the feasibility of reallocating spectrum 
        from current commercial and other non-Federal uses to provide 
        for more efficient use of the spectrum, and (B) innovation and 
        marketplace developments that may affect the relative 
        efficiencies of different spectrum allocations; and
            ``(4) not prevent the Commission from allocating bands of 
        frequencies for specific uses in future rulemaking proceedings.

``SEC. 116. AUTHORITY TO RECOVER REASSIGNED FREQUENCIES.

    ``(a) Authority of President.--Subsequent to the withdrawal of 
assignment to Federal Government stations pursuant to section 114, the 
President may reclaim reassigned frequencies for reassignment to 
Federal Government stations in accordance with this section.
    ``(b) Procedure for Reclaiming Frequencies.--
            ``(1) Unallocated frequencies.--If the frequencies to be 
        reclaimed have not been allocated or assigned by the Commission 
        pursuant to the Act, the President shall follow the procedures 
        for substitution of frequencies established by section 114(b) 
        of this part.
            ``(2) Allocated frequencies.--If the frequencies to be 
        reclaimed have been allocated or assigned by the Commission, 
        the President shall follow the procedures for substitution of 
        frequencies established by section 114(b) of this part, except 
        that the notification required by section 114(b)(1)(A) shall 
        include--
                    ``(A) a timetable to accommodate an orderly 
                transition for licensees to obtain new frequencies and 
                equipment necessary for its utilization; and
                    ``(B) an estimate of the cost of displacing 
                spectrum users licensed by the Commission.
    ``(c) Costs of Reclaiming Frequencies; Appropriations Authorized.--
The Federal Government shall bear all costs of reclaiming frequencies 
pursuant to this section, including the cost of equipment which is 
rendered unusable, the cost of relocating operations to a different 
frequency band, and any other costs that are directly attributable to 
the reclaiming of the frequency pursuant to this section. There are 
authorized to be appropriated such sums as may be necessary to carry 
out the purposes of this section.
    ``(d) Effective Date of Reclaimed Frequencies.--The Commission 
shall not withdraw licenses for any reclaimed frequencies until the end 
of the fiscal year following the fiscal year in which the President's 
notification is received.
    ``(e) Effect on Other Law.--Nothing in this section shall be 
construed to limit or otherwise affect the authority of the President 
under sections 305 and 706 of the Act (47 U.S.C. 305, 606).

``SEC. 117. DEFINITIONS.

    As used in this part:
            ``(1) The term `allocation' means an entry in the National 
        Table of Frequency Allocations of a given frequency band for 
        the purpose of its use by one or more radiocommunication 
        services.
            ``(2) The term `assignment' means an authorization given to 
        a station licensee to use specific frequencies or channels.
            ``(3) The term `commercial carrier' means any entity that 
        uses a facility licensed by the Federal Communications 
        Commission pursuant to the Communications Act of 1934 for hire 
        or for its own use, but does not include Federal Government 
        stations licensed pursuant to section 305 of the Act (47 U.S.C. 
        305).
            ``(4) The term `the Act' means the Communications Act of 
        1934 (47 U.S.C. 151 et seq.).''.

            Passed the House of Representatives March 2, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.

HR 707 RFS----2
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