II 

113TH CONGRESS 

2D SESSION S. 2155 

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 SENATE OF THE UNITED STATES 

MARCH 25, 2014 

Mr. KIRK introduced the following bill; which was read twice and referred to 

the Committee on Commerce, Science, and Transportation 

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 2014’’. 


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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 not 

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

5 (8) Congress should look for ways to increase 

6 Federal Government revenues without creating addi7 tional 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) Certain frequencies of spectrum have sub16 stantial market value and could raise significant new 

17 revenue in a public auction. 

18 (11) Barriers to a spectrum auction such as 

19 regulatory and administrative delays are not condu20 cive to the free-market approach and can hurt inno21 vation. 

22 (12) Federal Government spectrum, while ex23 tremely important, is vast and should be included in 

24 any spectrum 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. 120. 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)(A); 


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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 or sharing 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 or sharing costs that are 

14 provided to the Commission under sub15 section (e)(1)(C) and approved by the Di16 rector of the Office of Management and 

17 Budget under subsection (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 

25 by competitive bidding and a Federal entiVerDate Mar 15 2010 02:01 Mar 27, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2155.IS S2155

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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, by and 

22 with the 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 that 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 date on which the President 

13 approves the recommendations of the Reallocation 

14 Commission pursuant 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 submitted under section 1105 of 

19 title 31, United States Code, for each fiscal year, the 

20 head of each Federal entity shall include a spectrum 

21 utilization plan. 

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

23 submitted by the head of a Federal entity under 

24 paragraph (1) shall include— 


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

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

3 band the entity uses; 

4 ‘‘(B) the approximate number of transmit5 ters, end-user terminals, or receivers, excluding 

6 unintended radiators, that have been deployed 

7 by the entity or authorized to be used by the 

8 entity; 

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

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

11 terminals, or receivers, excluding unin12 tended radiators, operated by the entity 

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

14 ground-based; 

15 ‘‘(ii) the type of transmitters, end16 user terminals, or receivers, excluding un17 intended radiators, authorized to be oper18 ated by the entity and whether they are 

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

20 ‘‘(iii) contour maps or other informa21 tion that illustrates the coverage area, re22 ceiver performance, and other parameters 

23 relevant to an assessment of the avail24 ability of spectrum in each band used by 

25 the entity; 


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1 ‘‘(iv) the approximate geolocation of 

2 base stations or fixed transmitters used by 

3 the entity; 

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

5 geography, of each band of frequencies 

6 used by the entity, such as the amount and 

7 percentage of time of use, number of end8 users, or other measures as appropriate to 

9 the particular band; 

10 ‘‘(vi) the activities, capabilities, func11 tions, or missions supported by the trans12 mitters, end-user terminals, or receivers 

13 used by the entity; and 

14 ‘‘(vii) the types of unlicensed devices 

15 authorized to be operated by the entity; 

16 ‘‘(D) the opportunity cost borne by the en17 tity for each spectrum band the entity uses; 

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

19 expanded services requiring spectrum for a pe20 riod of time agreed to by the entity; and 

21 ‘‘(F) suggested spectrum-efficient ap22 proaches to meeting the spectrum requirements 

23 identified under subparagraph (E). 

24 ‘‘(3) REQUIREMENT.—The head of each Fed25 eral entity required to submit a spectrum utilization 


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

2 each plan submitted under such paragraph to the 

3 Reallocation Commission, the Secretary, and the 

4 NTIA. 

5 ‘‘(4) NATIONAL SECURITY; CLASSIFIED INFOR6 MATION.— 

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

8 a Federal entity determines that disclosure of 

9 information required under paragraph (1) 

10 would be harmful to the national security of the 

11 United States, such head shall— 

12 ‘‘(i) notify the Secretary of such de13 termination; and 

14 ‘‘(ii) provide to the Secretary— 

15 ‘‘(I) the other publicly releasable 

16 information required under paragraph 

17 (1); 

18 ‘‘(II) to the maximum extent 

19 practicable, a summary description of 

20 the information with respect to which 

21 the determination was made; and 

22 ‘‘(III) an annex containing the 

23 information with respect to which the 

24 determination was made. 


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

2 head of a Federal entity determines that any 

3 information required under paragraph (1) is 

4 classified in accordance with Executive Order 

5 13526 (50 U.S.C. 435 note) or any successor 

6 Executive order establishing or modifying the 

7 uniform system for classifying, safeguarding, 

8 and declassifying national security information, 

9 such head shall— 

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

12 ‘‘(ii) provide to the Secretary— 

13 ‘‘(I) the information required 

14 under paragraph (1) that is not classi15 fied; 

16 ‘‘(II) to the maximum extent 

17 practicable, a summary description of 

18 the information that is classified; and 

19 ‘‘(III) an annex containing the 

20 information that is classified. 

21 ‘‘(C) ANNEX RESTRICTION.— 

22 ‘‘(i) AVAILABILITY TO NTIA AND RE23 LOCATION COMMISSION.—The Secretary 

24 shall make an annex described in subpara25 graph (A)(ii)(III) or (B)(ii)(III) available 


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1 to the NTIA and the Relocation Commis2 sion. 

3 ‘‘(ii) NO PUBLIC AVAILABILITY.—The 

4 NTIA, the Secretary, and the Relocation 

5 Commission shall not make an annex de6 scribed in subparagraph (A)(ii)(III) or 

7 (B)(ii)(III) available to the public or to 

8 any unauthorized person through any 

9 means. 

10 ‘‘(d) PROCEDURE FOR MAKING RECOMMENDATIONS

11 FOR SPECTRUM REALLOCATION.— 

12 ‘‘(1) RECOMMENDATIONS BY SECRETARY OF

13 COMMERCE.—Not later than 18 months after the 

14 date on which the President submits the budget doc15 uments that include spectrum utilization plans de16 scribed in subsection (c) to Congress for the first fis17 cal year following the date of enactment of this sec18 tion, the Secretary shall prepare and submit to the 

19 appropriate congressional committees, the Comp20 troller General of the United States, and the Re21 allocation Commission a report identifying and rec22 ommending for reallocation bands of frequencies— 

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

24 for Federal Government use; 

25 ‘‘(B) that— 


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

2 the Federal Government at the time the 

3 report is submitted; or 

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

5 needs in the identifiable future; and 

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

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

8 any time during the 5-year period beginning on 

9 such date, for assignment through a system of 

10 competitive bidding under section 309(j) of the 

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

12 309(j)). 

13 ‘‘(2) CRITERIA FOR IDENTIFICATION.— 

14 ‘‘(A) NEEDS OF THE FEDERAL GOVERN15 MENT.—In determining whether a band of fre16 quencies meets one of the criteria specified in 

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

18 ‘‘(i) consider whether the band of fre19 quencies is used to provide a communica20 tions service that is or could be available 

21 from a commercial provider or other ven22 dor, or whether the communications serv23 ices provided on such frequencies could be 

24 relocated to other frequencies used by the 

25 Federal Government; 


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1 ‘‘(ii) seek to promote— 

2 ‘‘(I) the maximum practicable re3 liance on commercially available sub4 stitutes; 

5 ‘‘(II) the efficient use of spec6 trum by Federal Government stations; 

7 ‘‘(III) the development and use 

8 of new communications technologies; 

9 and 

10 ‘‘(IV) the use of nonradiating 

11 communications systems where prac12 ticable; and 

13 ‘‘(iii) seek to avoid— 

14 ‘‘(I) serious degradation of Fed15 eral Government services and oper16 ations; 

17 ‘‘(II) excessive costs to the Fed18 eral Government and users of Federal 

19 Government services; and 

20 ‘‘(III) excessive disruption of ex21 isting use of Federal Government fre22 quencies by amateur radio licensees. 

23 ‘‘(B) DIRECT DISCUSSIONS.— 

24 ‘‘(i) IN GENERAL.—The Secretary 

25 shall encourage and provide opportunities 


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1 for direct discussions among commercial 

2 representatives and Federal Government 

3 users of the spectrum to aid the Secretary 

4 in determining which frequencies to rec5 ommend for reallocation under paragraph 

6 (1). 

7 ‘‘(ii) HEARINGS AND PUBLIC COM8 MENT.— 

9 ‘‘(I) IN GENERAL.—As part of 

10 the discussions required under clause 

11 (i), the Secretary shall conduct public 

12 hearings and accept public comment 

13 on the recommendations. 

14 ‘‘(II) TESTIMONY UNDER

15 OATH.—All testimony before the Sec16 retary at a public hearing conducted 

17 under this clause shall be presented 

18 under oath. 

19 ‘‘(III) PUBLICATION ON

20 WEBSITE.—All testimony and public 

21 comments collected under this clause 

22 shall be made available on a public 

23 website. 

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1 sion, and of the Secretary at the election 

2 of the Secretary, may attend any discus3 sion held under clause (i). 

4 ‘‘(iv) FURTHER COMMENT.—The Sec5 retary shall provide the public and the Re6 allocation Commission with an opportunity 

7 to comment on the results of a discussion 

8 held under clause (i) before the Secretary 

9 submits the recommendation required 

10 under paragraph (1). 

11 ‘‘(3) REVIEW AND RECOMMENDATIONS BY THE

12 REALLOCATION COMMISSION.— 

13 ‘‘(A) REVIEW.— 

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

15 recommendations from the Secretary under 

16 paragraph (1), the Reallocation Commis17 sion shall review and analyze the rec18 ommendations. 

19 ‘‘(ii) NEW AND INNOVATIVE MANAGE20 MENT TECHNIQUES AND TECHNOLOGIES.— 

21 In conducting the review and analysis 

22 under clause (i), the Reallocation Commis23 sion shall give priority to recommendations 

24 that make accommodation for new and in25 novative management techniques and techVerDate Mar 15 2010 02:01 Mar 27, 2014 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S2155.IS S2155

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1 nologies for maximizing the value and use 

2 of spectrum. 

3 ‘‘(iii) HEARINGS.— 

4 ‘‘(I) IN GENERAL.—As part of 

5 the review and analysis required 

6 under clause (i), the Reallocation 

7 Commission shall conduct public hear8 ings on the recommendations. 

9 ‘‘(II) TESTIMONY UNDER

10 OATH.—All testimony before the Re11 allocation Commission at a public 

12 hearing conducted under this clause 

13 shall be presented under oath. 

14 ‘‘(B) RECOMMENDATIONS.— 

15 ‘‘(i) IN GENERAL.—Not later than 

16 180 days after the date on which the Sec17 retary submits recommendations under 

18 paragraph (1) to the Reallocation Commis19 sion, the Reallocation Commission shall 

20 submit to the President and the appro21 priate congressional committees a report 

22 on the findings and conclusions of the Re23 allocation Commission from the review and 

24 analysis conducted under subparagraph 


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1 (A), including any recommendations for 

2 Federal spectrum reallocation. 

3 ‘‘(ii) REQUIREMENT.—A report sub4 mitted under clause (i) shall contain an ex5 planation and justification of any rec6 ommendation for Federal spectrum re7 allocation included in the report that is dif8 ferent from the recommendations sub9 mitted by the Secretary under paragraph 

10 (1). 

11 ‘‘(C) TRANSMISSION OF INFORMATION TO

12 CONGRESS.—After the Reallocation Commission 

13 submits recommendations to the President 

14 under subparagraph (B), upon request by a 

15 Member of Congress, the Reallocation Commis16 sion shall provide to the Member of Congress 

17 any information used by the Reallocation Com18 mission in making the recommendations. 

19 ‘‘(D) GAO REQUIREMENTS.—The Comp20 troller General of the United States shall— 

21 ‘‘(i) assist the Reallocation Commis22 sion, to the extent requested, in the review 

23 and analysis under subparagraph (A); and 

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

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1 ommendations under paragraph (1), sub2 mit to Congress and to the Reallocation 

3 Commission a report that contains a de4 tailed analysis of the recommendations and 

5 selection process of the Secretary. 

6 ‘‘(4) REVIEW BY THE PRESIDENT.— 

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

8 days after the date on which the Reallocation 

9 Commission submits recommendations for Fed10 eral spectrum reallocation under paragraph 

11 (3)(B), the President shall— 

12 ‘‘(i) determine whether to approve the 

13 recommendations made by the Reallocation 

14 Commission; and 

15 ‘‘(ii) submit to Congress and the Re16 allocation Commission a report that de17 scribes the determination made under 

18 clause (i). 

19 ‘‘(B) APPROVAL.—If the President ap20 proves the recommendations under subpara21 graph (A)(i), the President shall submit a copy 

22 of the recommendations to Congress. 

23 ‘‘(C) DISAPPROVAL.— 

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

25 disapproves the recommendations under 


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

2 submit to Congress and to the Reallocation 

3 Commission a report that describes the 

4 reasons that the President disapproves of 

5 the recommendations. 

6 ‘‘(ii) REALLOCATION COMMISSION RE7 VISIONS.—Not later than 60 days after the 

8 date on which the President submits to the 

9 Reallocation Commission a report under 

10 clause (i), the Reallocation Commission 

11 shall submit to the President a revised list 

12 of recommendations for reallocation of 

13 Federal spectrum. 

14 ‘‘(iii) APPROVAL AND DISAPPROVAL

15 OF REVISIONS.— 

16 ‘‘(I) APPROVAL.—If the Presi17 dent approves the revised list of rec18 ommendations submitted by the Re19 allocation Commission under clause 

20 (ii), the President shall submit the re21 vised list to Congress. 

22 ‘‘(II) DISAPPROVAL.—If the 

23 President disapproves the revised list 

24 of recommendations submitted by the 

25 Reallocation Commission under clause 


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1 (ii), the President and the Realloca2 tion Commission shall complete the 

3 requirements described in clauses (i) 

4 and (ii) until the President approves 

5 recommendations from the Realloca6 tion Commission. 

7 ‘‘(5) PUBLIC DISCLOSURE AND NONDISCLO8 SURE.— 

9 ‘‘(A) IN GENERAL.—If the head of an Ex10 ecutive agency or Federal entity, the Chair11 person, or the President determines that public 

12 disclosure of any information contained in the 

13 reports, recommendations, testimony, or com14 ments required under this section would reveal 

15 classified national security information or other 

16 information for which there is a legal basis for 

17 nondisclosure and such public disclosure would 

18 be detrimental to national security, homeland 

19 security, or public safety or would jeopardize 

20 law enforcement investigations, the head of the 

21 Executive agency or Federal entity, the Chair22 person, or the President shall notify the Sec23 retary of that determination prior to release of 

24 such information. 

25 ‘‘(B) ANNEX.— 


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

2 Executive agency or Federal entity, the 

3 Chairperson, or the President notifies the 

4 Secretary of a determination under sub5 paragraph (A), the information required to 

6 be disclosed under this section shall be in7 cluded in a separate classified annex, as 

8 needed. 

9 ‘‘(ii) REQUIREMENT.—A classified 

10 annex described under clause (i)— 

11 ‘‘(I) shall be provided to the sub12 committees of primary jurisdiction of 

13 the committees of primary jurisdiction 

14 of the Senate and House of Rep15 resentatives in accordance with appro16 priate national security stipulations; 

17 and 

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

19 public or provided to any unauthor20 ized person through any means. 

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

22 ‘‘(1) AGENCY ACTION.— 

23 ‘‘(A) NTIA REQUIREMENT.—Not later 

24 than 180 days after the date on which the 

25 President submits approved recommendations 


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1 for the reallocation of Federal spectrum to Con2 gress under subparagraph (B) or (C)(iii)(I) of 

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

4 each Federal entity that is required to take ac5 tion under the recommendations information re6 garding an alternative frequency assignment to 

7 which the radio communications operations of 

8 the Federal entity could be relocated for pur9 poses of calculating the estimated relocation or 

10 sharing costs and timeline required under sub11 paragraph (C). 

12 ‘‘(B) REQUIREMENT.—To the extent prac13 ticable and consistent with national security 

14 considerations, the NTIA shall provide the in15 formation described in subparagraph (A) by the 

16 geographic location of the facilities or systems 

17 of the Federal entity and the frequency bands 

18 used by the facilities or systems. 

19 ‘‘(C) IMPLEMENTATION PLAN.— 

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

21 year after the date on which the President 

22 submits approved recommendations for the 

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

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1 eral entity required to relocate spectrum 

2 under the recommendations shall prepare 

3 and submit to the President, the appro4 priate congressional committees, the 

5 NTIA, the Federal Communications Com6 mission, the Director of the Office of Man7 agement and Budget, and the Comptroller 

8 General of the United States a plan for 

9 implementation of the recommendations re10 lated to the Federal entity. 

11 ‘‘(ii) CONTENTS.—An implementation 

12 plan submitted by a Federal entity under 

13 clause (i) shall include— 

14 ‘‘(I) a description of how the 

15 Federal entity will comply with the 

16 approved recommendations for the re17 allocation of Federal spectrum sub18 mitted to Congress under subpara19 graph (B) or (C)(iii)(I) of subsection 

20 (d)(4); 

21 ‘‘(II) any statutory or regulatory 

22 barriers that will prohibit the Federal 

23 entity from complying with the rec24 ommendations described in subclause 

25 (I); 


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1 ‘‘(III) the estimated cost to the 

2 Federal entity of frequency with3 drawal or relocation; and 

4 ‘‘(IV) the estimated timeline of 

5 the Federal entity for frequency with6 drawal or relocation. 

7 ‘‘(D) REVIEW OF IMPLEMENTATION

8 PLAN.— 

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

10 days after the date on which an implemen11 tation plan is submitted under subpara12 graph (C), the Director of the Office of 

13 Management and Budget shall review and 

14 determine whether to approve the imple15 mentation plan. 

16 ‘‘(ii) DISAPPROVAL.—If an implemen17 tation plan submitted under subparagraph 

18 (C) is disapproved by the Director of the 

19 Office of Management and Budget, the 

20 Federal entity that submitted the imple21 mentation plan shall submit a revised im22 plementation plan under such subpara23 graph, and the submission and review 

24 process shall continue until an implementa25 tion plan is approved. 


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1 ‘‘(iii) APPROVAL OF ALL PLANS.—Not 

2 later than 7 days after the date on which 

3 the Director of the Office of Management 

4 and Budget approves the plans submitted 

5 under subparagraph (C), the Director shall 

6 notify the Federal Communications Com7 mission of the estimated relocation or shar8 ing costs and timelines of all Federal enti9 ties required to submit a plan under such 

10 subparagraph. 

11 ‘‘(iv) REVIEW OF PROGRESS.— 

12 ‘‘(I) IN GENERAL.—At the begin13 ning of each fiscal year following ap14 proval of a plan required under sub15 paragraph (C), the Director of the Of16 fice of Management and Budget shall 

17 review the progress of the Federal en18 tity in meeting the cost and timelines 

19 of the implementation plan. 

20 ‘‘(II) ENFORCEMENT BY DIREC21 TOR.—If, at any point while con22 ducting a review under subclause (I), 

23 the Director determines the Federal 

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1 tor shall take action to enforce the ap2 proved plan. 

3 ‘‘(E) COMPLIANCE.— 

4 ‘‘(i) INITIATION OF REQUIRED AC5 TION.—Not later than 2 years after the 

6 date on which the President submits ap7 proved recommendations for the realloca8 tion of Federal spectrum to Congress 

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

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

11 entity shall initiate all actions required to 

12 comply with the approved recommenda13 tions. 

14 ‘‘(ii) COMPLETION OF REQUIRED AC15 TION.—Not later than 5 years after the 

16 date on which the President submits ap17 proved recommendations for the realloca18 tion of Federal spectrum to Congress 

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

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

21 entity shall complete all actions required to 

22 comply with the approved recommenda23 tions. 

24 ‘‘(2) CONGRESSIONAL DISAPPROVAL.— 


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

2 may initiate any action in accordance with the 

3 approved recommendations for the reallocation 

4 of Federal spectrum submitted to Congress by 

5 the President under subparagraph (B) or 

6 (C)(iii)(I) of subsection (d)(4) if there is en7 acted a joint resolution disapproving the rec8 ommendations before the earlier of— 

9 ‘‘(i) the end of the 45-day period be10 ginning on the date on which the President 

11 submits the recommendations to Congress 

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

13 subsection (d)(4); or 

14 ‘‘(ii) the adjournment of Congress 

15 sine die for the session during which the 

16 recommendations described in clause (i) 

17 are submitted. 

18 ‘‘(B) COMPUTATION OF TIME PERIOD.— 

19 The days on which either the Senate or the 

20 House of Representatives is not in session be21 cause of an adjournment for more than 3 days 

22 to a day certain shall be excluded in the com23 putation of the time period described in sub24 paragraph (A)(i). 


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1 ‘‘(3) NOTIFICATION OF SUCCESSFUL RELOCA2 TION.—The President shall terminate the authoriza3 tion of a Federal entity and notify the Secretary and 

4 the Federal Communications Commission of the ter5 mination if— 

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

7 entity has achieved comparable capability of 

8 systems by relocating to a new frequency as9 signment or by utilizing an alternative tech10 nology; or 

11 ‘‘(B) the Federal entity has unreasonably 

12 failed to comply with the timeline for relocation 

13 approved by the Director of the Office of Man14 agement and Budget under paragraph (1)(D). 

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

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

17 after the date on which the President submits ap18 proved recommendations for the reallocation of Fed19 eral spectrum to Congress under subparagraph (B) 

20 or (C)(iii)(I) of subsection (d)(4), the Federal Com21 munications Commission shall promulgate rules for 

22 the conduct of auctions of frequencies that will be 

23 made available according to such recommendations 

24 for assignment of new initial licenses subject to new 

25 service rules or for other purposes. 


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

2 under paragraph (1), the Federal Communications 

3 Commission shall— 

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

5 the transition of the spectrum to be auctioned 

6 to its newly identified use; and 

7 ‘‘(B) ensure that any licensing conditions 

8 established are restricted to interference protec9 tions and ethical, geographic, and financial 

10 qualifications of licensees. 

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

12 than 2 years after the date on which the President 

13 submits approved recommendations for the realloca14 tion of Federal spectrum to Congress under sub15 paragraph (B) or (C)(iii)(I) of subsection (d)(4), the 

16 Federal Communications Commission shall com17 mence auctions under this subsection. 

18 ‘‘(g) RELOCATION OF FEDERAL GOVERNMENT STA19 TIONS.— 

20 ‘‘(1) RELOCATION OR SHARING COSTS.—Any 

21 Federal entity that operates a Federal Government 

22 station assigned to a band of frequencies and that 

23 incurs relocation or sharing costs because of the re24 allocation of frequencies from Federal use to non25 Federal use pursuant to this section shall receive 


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1 payment for such costs from the Spectrum Reloca2 tion Fund, in accordance with section 118. 

3 ‘‘(2) FEDERAL ACTION TO EXPEDITE SPEC4 TRUM TRANSFER.—Any Federal Government station 

5 that operates on electromagnetic spectrum that has 

6 been identified in the approved recommendations for 

7 the reallocation of Federal spectrum submitted to 

8 Congress by the President under subparagraph (B) 

9 or (C)(iii)(I) of subsection (d)(4) shall, to the max10 imum extent practicable through the use of the au11 thority granted under this section and any other ap12 plicable provision of law, take action to relocate its 

13 spectrum use to other frequencies that are allocated 

14 for Federal use or to consolidate its spectrum use 

15 with other Federal Government stations in a manner 

16 that maximizes the spectrum available for non-Fed17 eral use. 

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

19 does not comply with the timeline established in the 

20 implementation plan of the entity that was approved 

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

22 the amount appropriated to the entity in the following fiscal year by up to 1 23 ⁄2 of 1 percent. 

24 ‘‘(4) EQUIPMENT UPGRADES FOR DEPARTMENT

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


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1 the Department of Defense is reallocated from Fed2 eral use to non-Federal use pursuant to this section, 

3 the relocation or sharing costs for which the Depart4 ment may receive payment from the Spectrum Relo5 cation Fund under section 118 shall include the 

6 costs of replacement with state-of-the-art equipment 

7 of any of the equipment used for relocated oper8 ations, whether or not such replacement is necessary 

9 to achieve comparable capability of systems, if the 

10 Secretary of Defense considers such replacement ap11 propriate. 

12 ‘‘(h) TREATMENT OF CERTAIN SPECTRUM SUBJECT

13 TO OTHER REALLOCATION PROCESSES.—In the case of 

14 spectrum that has been identified for reallocation, is in 

15 the process of being reallocated, or has been reallocated 

16 from Federal to non-Federal use under any other provi17 sion of law or administrative process, but with respect to 

18 relocation from which the Federal entity being relocated 

19 has not received payment for relocation or sharing costs, 

20 such spectrum shall be treated as spectrum allocated for 

21 Federal use that may be recommended for reallocation by 

22 the Secretary, the Reallocation Commission, or the Presi23 dent under this section.’’. 

24 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 


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

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

3 amended— 

4 (A) in paragraph (3), by striking subpara5 graph (F) and inserting the following: 

6 ‘‘(F) for any auction of— 

7 ‘‘(i) eligible frequencies described in 

8 section 113(g)(2) of the National Tele9 communications and Information Adminis10 tration Organization Act (47 U.S.C. 

11 923(g)(2)), the recovery of 110 percent of 

12 estimated relocation or sharing costs as 

13 provided to the Commission under section 

14 113(g)(4) of such Act; and 

15 ‘‘(ii) frequencies described in section 

16 120(f)(1) of the National Telecommuni17 cations and Information Administration 

18 Organization Act, the recovery of 110 per19 cent of estimated relocation or sharing 

20 costs as provided to the Commission under 

21 section 120(e)(1)(D)(iii) of such Act.’’; 

22 (B) in paragraph (8)(D)— 

23 (i) in clause (i), by inserting ‘‘or (iii)’’ 

24 after ‘‘provided in clause (ii)’’; and 


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1 (ii) by adding at the end the fol2 lowing: 

3 ‘‘(iii) PROCEEDS RELATING TO MAXI4 MIZING SPECTRUM EFFICIENCY AND

5 VALUE ACT OF 2013.—With respect to each 

6 auction of frequencies described in section 

7 120(f)(1) of the National Telecommuni8 cations and Information Administration 

9 Organization Act— 

10 ‘‘(I) an amount of the proceeds 

11 equal to the estimated relocation or 

12 sharing costs provided to the Commis13 sion under section 120(e)(1)(D)(iii) of 

14 such Act for relocation of Federal en15 tities from the frequencies being as16 signed through such auction shall be 

17 deposited in the Spectrum Relocation 

18 Fund; and 

19 ‘‘(II) the remainder of the pro20 ceeds shall be deposited in the general 

21 fund of the Treasury for the sole pur22 pose of deficit reduction.’’; and 

23 (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 striking subparagraphs (A) and 

5 (B) and inserting the following: 

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 or sharing 

17 costs provided to the Commission pursuant 

18 to section 113(g)(4) of such Act; and 

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

20 auction of frequencies described in section 

21 120(f)(1) of such Act shall at least equal 

22 110 percent of the total estimated reloca23 tion or sharing costs provided to the Com24 mission pursuant to section 

25 120(e)(1)(D)(iii) of such 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 or sharing costs provided to the Com14 mission pursuant to section 113(g)(4) 

15 of such Act; or 

16 ‘‘(II) of frequencies described in 

17 section 120(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 or sharing costs provided to the Com22 mission pursuant to section 

23 120(e)(1)(D)(iii) of 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 

24 120(f)(1) of this Act’’. 


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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 striking subsection (c) and inserting 

6 the following: 

7 ‘‘(c) USED TO PAY RELOCATION OR SHARING

8 COSTS.—The 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 or sharing costs, as defined 

12 in section 113(g)(3), of an eligible Federal entity in13 curring such costs with respect to relocation from or 

14 sharing of those frequencies; and 

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

16 section 120(f)(1) are authorized to be used to pay 

17 relocation or sharing costs, as defined in section 

18 120(a)(7), of a Federal entity incurring such costs 

19 with respect to relocation from those frequencies.’’; 

20 (B) in subsection (d)— 

21 (i) in paragraph (1), by striking ‘‘sub22 section (c) of this section’’ and inserting 

23 ‘‘paragraph (1) and the relocation or shar24 ing costs specified in paragraph (2) of sub25 section (c)’’; and 


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1 (ii) in paragraph (2)— 

2 (I) in the matter before subpara3 graph (A), by striking ‘‘eligible’’; 

4 (II) in subparagraph (C), by 

5 striking ‘‘for approval’’ each place it 

6 appears; and 

7 (III) in the matter after subpara8 graph (C), by striking ‘‘Unless dis9 approved’’ and all that follows and in10 serting ‘‘In the case of an initial 

11 transfer to a Federal entity incurring 

12 relocation or sharing costs with re13 spect to relocation from frequencies 

14 described in section 120(f)(1), ap15 proval of the implementation plan of 

16 the entity under section 120(e)(1)(D) 

17 constitutes approval under subpara18 graph (B).’’; and 

19 (C) in subsection (e)— 

20 (i) in the header, by striking ‘‘ELIGI21 BLE’’; 

22 (ii) in paragraph (1)— 

23 (I) in subparagraph (A), by strik24 ing ‘‘section 113(g)(1) of this Act’’ 

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


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1 Federal entities incurring relocation 

2 or sharing costs with respect to relo3 cation from frequencies described in 

4 section 120(f)(1)’’; 

5 (II) in subparagraph (B), by 

6 striking ‘‘An eligible Federal entity’’ 

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

8 (III) in subparagraph (C), by 

9 striking ‘‘eligible’’; and 

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

11 eligible Federal entity’’ and inserting ‘‘A 

12 Federal entity’’. 

13 SEC. 4. PROHIBITION AGAINST CERTAIN CONDITIONS ON 

14 LICENSURE AND AUCTION PARTICIPATION. 

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

16 as amended by section 3(b)(1), is further amended by add17 ing at the end the following: 

18 ‘‘(18) PROHIBITION AGAINST CERTAIN CONDI19 TIONS ON LICENSURE AND AUCTION PARTICIPA20 TION.—The Commission may not— 

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

22 spectrum frequencies any condition relating to 

23 its Report and Order with regard to Preserving 

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1 tices (GN Docket No. 09–191, WC Docket No. 

2 07–52) (adopted December 21, 2010); 

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

4 or any specific bidder from participating in any 

5 public auction for the assignment of licenses for 

6 the use of spectrum frequencies; 

7 ‘‘(C) prescribe the rates or terms of or oth8 erwise condition services that may be offered by 

9 successful bidders in any such auction; or 

10 ‘‘(D) notwithstanding section 316, impose 

11 any additional license requirements or rules on 

12 successful bidders once any such auction has 

13 been completed.’’. 

Æ 


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