103D CONGRESS
1ST SESSION
H. R. 707
AN ACT
To establish procedures to improve the allocation
and assignment of the electromagnetic spectrum,
and for other purposes.
103D CONGRESS
1ST SESSION
H. R. 707
AN ACT
To establish procedures to improve the allocation and assign-
ment of the electromagnetic spectrum, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Emerging Tele-
communications Technologies Act of 1993’’.
SEC. 2. AMENDMENT TO THE NATIONAL TELECOMMUNI-
CATIONS AND INFORMATION ADMINISTRA-
TION 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, approxi-
mately 40 percent of the electromagnetic spectrum
that is assigned for use pursuant to the Communica-
tions 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 Fed-
eral 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 li-
censing by the Commission can and will—
‘‘(A) impede the development and commer-
cialization 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 ur-
gently needed radio channels; and
‘‘(D) adversely affect the productive capac-
ity 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 Sec-
retary 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 pub-
lic and private uses, including State and local gov-
ernment 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 manage-
ment techniques to promote increased shared use of
the spectrum that does not cause harmful inter-
ference 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 activi-
ties 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 advi-
sory 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 spec-
trum efficiency and the cost of equipment to Federal
spectrum users of maintaining separate allocations
for Federal Government and non-Federal Govern-
ment licensees for the same or similar services.
‘‘SEC. 
113. 
IDENTIFICATION 
OF 
REALLOCABLE 
FRE-
QUENCIES.
‘‘(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 Fed-
eral Government use and eligible for licensing pursu-
ant to section 305(a) of the Act (47 U.S.C. 305(a));
‘‘(2) are not required for the present or identifi-
able 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 dur-
ing 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 Gov-
ernment, or losses of services or benefits to the pub-
lic, 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 poten-
tial for productive uses and public benefits under the
Act.
‘‘(b) MINIMUM
AMOUNT
OF
SPECTRUM
REC-
OMMENDED.—
‘‘(1) IN
GENERAL.—Based on the report re-
quired by subsection (a), the Secretary shall rec-
ommend for reallocation, for use other than by Fed-
eral 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 lo-
cated 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 COUNT-
ED.—Bands of frequencies which the Secretary’s re-
port 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 assign-
ments of the band to Federal Government sta-
tions 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 po-
tential use to be made by such Federal Govern-
ment stations is substantially less (as measured
by geographic area, time, or otherwise) than the
potential use to be made by non-Federal sta-
tions; and
‘‘(C) the operational sharing permitted
under this paragraph shall be subject to coordi-
nation 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 Sec-
retary shall—
‘‘(A) consider whether the band of fre-
quencies is used to provide a communications
service that is or could be available from a com-
mercial 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 commu-
nications 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 Govern-
ment services.
‘‘(2) FEASIBILITY
OF
USE.—In determining
whether a frequency band meets the criteria speci-
fied in subsection (a)(3), the Secretary shall—
‘‘(A) assume such frequencies will be as-
signed 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 tele-
communications 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 experimen-
tation or commercial assignments in order to
support their domestic manufacturers of equip-
ment.
‘‘(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 agen-
cy or adversely affect the reliability of its power
system.
‘‘(B) DEFINITION.—As used in this para-
graph, 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 IDENTIFICA-
TION 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 cri-
teria 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 iden-
tified in such report;
‘‘(B) advise the Secretary with respect to
(i) the bands of frequencies which should be in-
cluded 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 Sec-
retary’s report and on the final report; and
‘‘(D) prepare and submit the report re-
quired 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; CHAIR-
MAN.—The advisory committee shall include—
‘‘(A) the Chairman of the Commission and
the Assistant Secretary, and one other rep-
resentative of the Federal Government as des-
ignated by the Secretary; and
‘‘(B) representatives of—
‘‘(i) United States manufacturers of
spectrum-dependent 
telecommunications
equipment;
‘‘(ii) commercial carriers;
‘‘(iii) other users of the electro-
magnetic spectrum, including radio and
television broadcast licensees, State and
local public safety agencies, and the avia-
tion 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 ALLO-
CATION
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 Com-
merce of the House of Representatives, and the
Committee on Commerce, Science, and Transpor-
tation of the Senate, a report containing such rec-
ommendations as the advisory committee considers
appropriate for the reform of the process of allocat-
ing the electromagnetic spectrum between Federal
and non-Federal use, and any dissenting views
thereon.
‘‘(e) TIMETABLE FOR REALLOCATION AND LIMITA-
TION.—
‘‘(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 fre-
quencies 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 imme-
diately upon issuance of the report required by this
section.
‘‘(3) DELAYED
EFFECTIVE
DATE.—The rec-
ommended 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 con-
tracted 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 be-
tween the costs to the Federal Government of
changing to different frequencies and the bene-
fits that may be obtained from commercial and
other non-Federal uses of the reassigned fre-
quencies.
‘‘SEC. 114. WITHDRAWAL OF ASSIGNMENT TO FEDERAL
GOVERNMENT STATIONS.
‘‘(a) IN GENERAL.—The President shall—
‘‘(1) within 6 months after receipt of the Sec-
retary’s report under section 113(a), withdraw the
assignment to a Federal Government station of any
frequency which the report recommends for imme-
diate reallocation;
‘‘(2) within such 6-month period, limit the as-
signment to a Federal Government station of any
frequency which the report recommends be made im-
mediately 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), with-
draw or limit the assignment to a Federal Govern-
ment station of any frequency which the report rec-
ommends 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 fre-
quency 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 re-
quired by subsection (a); and
‘‘(B) shall submit a statement of the rea-
sons for taking the action described in subpara-
graph (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 pur-
poses 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 reassign-
ment 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
FRE-
QUENCIES.—For purposes of paragraph (1), a fre-
quency may not be substituted for a frequency iden-
tified 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 com-
pleted 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 fre-
quency being unused as a consequence of the Com-
mission’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 speci-
fied 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 pur-
suant to the provisions of this subsection.
‘‘(c) LIMITATION ON DELEGATION.—Notwithstand-
ing any other provision of law, the authorities and duties
established by this section may not be delegated.
‘‘SEC. 115. DISTRIBUTION OF FREQUENCIES BY THE COM-
MISSION.
Not later than 1 year after the President notifies the
Commission pursuant to section 114(a)(5), the Commis-
sion shall prepare, in consultation with the Assistant Sec-
retary 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 re-
quired 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 stim-
ulate 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 de-
velopments that may affect the relative efficiencies
of different spectrum allocations; and
‘‘(4) not prevent the Commission from allocat-
ing bands of frequencies for specific uses in future
rulemaking proceedings.
‘‘SEC. 116. AUTHORITY TO RECOVER REASSIGNED FRE-
QUENCIES.
‘‘(a) AUTHORITY OF PRESIDENT.—Subsequent to the
withdrawal of assignment to Federal Government stations