I 
108TH CONGRESS 
2D SESSION 
H. R. 5419 
To amend the National Telecommunications and Information Adminstration 
Organization Act to facilitate the reallocation of spectrum from govern-
mental to commercial users; to improve, enhance, and promote the Na-
tion’s homeland security, public safety, and citizen activated emergency 
response capabilities through the use of enhanced 911 services, to further 
upgrade Public Safety Answering Point capabilities and related functions 
in receiving E–911 calls, and to support in the construction and operation 
of a ubiquitous and reliable citizen activated system; and to provide 
that funds received as universal service contributions under section 254 
of the Communications Act of 1934 and the universal service support 
programs established pursuant thereto are not subject to certain provi-
sions of title 31, United States Code, commonly known as the 
Antideficiency Act, for a period of time. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 20, 2004 
Mr. UPTON introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
NOVEMBER 20, 2004 
The Committee on Energy and Commerce discharged; considered and passed 
A BILL 
To amend the National Telecommunications and Information 
Adminstration Organization Act to facilitate the realloca-
tion of spectrum from governmental to commercial users; 
to improve, enhance, and promote the Nation’s homeland 
security, public safety, and citizen activated emergency 
response capabilities through the use of enhanced 911 
services, to further upgrade Public Safety Answering
Point capabilities and related functions in receiving E– 
911 calls, and to support in the construction and oper-
ation of a ubiquitous and reliable citizen activated sys-
tem; and to provide that funds received as universal 
service contributions under section 254 of the Commu-
nications Act of 1934 and the universal service support 
programs established pursuant thereto are not subject 
to certain provisions of title 31, United States Code, 
commonly known as the Antideficiency Act, for a period 
of time. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
TITLE I—E–911 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Ensuring Needed Help 
Arrives Near Callers Employing 911 Act of 2004’’ or the 
‘‘ENHANCE 911 Act of 2004’’. 
SEC. 102. FINDINGS. 
The Congress finds that— 
(1) for the sake of our Nation’s homeland secu-
rity and public safety, a universal emergency tele-
phone number (911) that is enhanced with the most 
modern and state-of-the-art telecommunications ca-
pabilities possible should be available to all citizens 
in all regions of the Nation;
(2) enhanced emergency communications re-
quire Federal, State, and local government resources 
and coordination; 
(3) any funds that are collected from fees im-
posed on consumer bills for the purposes of funding 
911 services or enhanced 911 should go only for the 
purposes for which the funds are collected; and 
(4) enhanced 911 is a high national priority 
and it requires Federal leadership, working in co-
operation with State and local governments and with 
the numerous organizations dedicated to delivering 
emergency communications services. 
SEC. 103. PURPOSES. 
The purposes of this title are— 
(1) to coordinate 911 services and E–911 serv-
ices, at the Federal, State, and local levels; and 
(2) to ensure that funds collected on tele-
communications bills for enhancing emergency 911 
services are used only for the purposes for which the 
funds are being collected. 
SEC. 104. COORDINATION OF E–911 IMPLEMENTATION. 
Part C of title I of the National Telecommunications 
and Information Administration Organization Act (47 
U.S.C. 901 et seq.) is amended by adding at the end the 
following:
‘‘SEC. 158. COORDINATION OF E–911 IMPLEMENTATION. 
‘‘(a) E–911 IMPLEMENTATION COORDINATION OF-
FICE.— 
‘‘(1) ESTABLISHMENT.—The Assistant Sec-
retary and the Administrator of the National High-
way Traffic Safety Administration shall— 
‘‘(A) establish a joint program to facilitate 
coordination and communication between Fed-
eral, State, and local emergency communica-
tions systems, emergency personnel, public safe-
ty organizations, telecommunications carriers, 
and telecommunications equipment manufactur-
ers and vendors involved in the implementation 
of E–911 services; and 
‘‘(B) create an E–911 Implementation Co-
ordination Office to implement the provisions of 
this section. 
‘‘(2) MANAGEMENT PLAN.—The Assistant Sec-
retary and the Administrator shall jointly develop a 
management plan for the program established under 
this section. Such plan shall include the organiza-
tional structure and funding profiles for the 5-year 
duration of the program. The Assistant Secretary 
and the Administrator shall, within 90 days after 
the date of enactment of this Act, submit the man-
agement plan to the Committees on Energy and
Commerce and Appropriations of the House of Rep-
resentatives and the Committees on Commerce, 
Science, and Transportation and Appropriations of 
the Senate. 
‘‘(3) PURPOSE OF OFFICE.—The Office shall— 
‘‘(A) take actions, in concert with coordi-
nators designated in accordance with subsection 
(b)(3)(A)(ii), to improve such coordination and 
communication; 
‘‘(B) develop, collect, and disseminate in-
formation concerning practices, procedures, and 
technology used in the implementation of E– 
911 services; 
‘‘(C) advise and assist eligible entities in 
the preparation of implementation plans re-
quired under subsection (b)(3)(A)(iii); 
‘‘(D) receive, review, and recommend the 
approval or disapproval of applications for 
grants under subsection (b); and 
‘‘(E) oversee the use of funds provided by 
such grants in fulfilling such implementation 
plans. 
‘‘(4) REPORTS.—The Assistant Secretary and 
the Administrator shall provide a joint annual report 
to Congress by the first day of October of each year
on the activities of the Office to improve coordina-
tion and communication with respect to the imple-
mentation of E–911 services. 
‘‘(b) PHASE II E–911 IMPLEMENTATION GRANTS.— 
‘‘(1) MATCHING GRANTS.—The Assistant Sec-
retary and the Administrator, after consultation with 
the Secretary of Homeland Security and the Chair-
man of the Federal Communications Commission, 
and acting through the Office, shall provide grants 
to eligible entities for the implementation and oper-
ation of Phase II E–911 services. 
‘‘(2) MATCHING REQUIREMENT.—The Federal 
share of the cost of a project eligible for a grant 
under this section shall not exceed 50 percent. The 
non-Federal share of the cost shall be provided from 
non-Federal sources. 
‘‘(3) COORDINATION REQUIRED.—In providing 
grants under paragraph (1), the Assistant Secretary 
and the Administrator shall require an eligible entity 
to certify in its application that— 
‘‘(A) in the case of an eligible entity that 
is a State government, the entity— 
‘‘(i) has coordinated its application 
with the public safety answering points (as 
such term is defined in section 222(h)(4)
of the Communications Act of 1934) lo-
cated within the jurisdiction of such entity; 
‘‘(ii) has designated a single officer or 
governmental body of the entity to serve as 
the coordinator of implementation of E– 
911 services, except that such designation 
need not vest such coordinator with direct 
legal authority to implement E–911 serv-
ices or manage emergency communications 
operations; 
‘‘(iii) has established a plan for the 
coordination and implementation of E–911 
services; and 
‘‘(iv) has integrated telecommuni-
cations services involved in the implemen-
tation and delivery of phase II E–911 serv-
ices; or 
‘‘(B) in the case of an eligible entity that 
is not a State, the entity has complied with 
clauses (i), (iii), and (iv) of subparagraph (A), 
and the State in which it is located has com-
plied with clause (ii) of such subparagraph. 
‘‘(4) CRITERIA.—The Assistant Secretary and 
the Administrator shall jointly issue regulations 
within 180 days after the date of enactment of the
ENHANCE 911 Act of 2004, after a public com-
ment period of not less than 60 days, prescribing the 
criteria for selection for grants under this section, 
and shall update such regulations as necessary. The 
criteria shall include performance requirements and 
a timeline for completion of any project to be fi-
nanced by a grant under this section. 
‘‘(c) DIVERSION OF E–911 CHARGES.— 
‘‘(1) DESIGNATED
E–911
CHARGES.—For the 
purposes of this subsection, the term ‘designated E– 
911 charges’ means any taxes, fees, or other charges 
imposed by a State or other taxing jurisdiction that 
are designated or presented as dedicated to deliver 
or improve E–911 services. 
‘‘(2) CERTIFICATION.—Each applicant for a 
matching grant under this section shall certify to the 
Assistant Secretary and the Administrator at the 
time of application, and each applicant that receives 
such a grant shall certify to the Assistant Secretary 
and the Administrator annually thereafter during 
any period of time during which the funds from the 
grant are available to the applicant, that no portion 
of any designated E–911 charges imposed by a 
State or other taxing jurisdiction within which the 
applicant is located are being obligated or expended
for any purpose other than the purposes for which 
such charges are designated or presented during the 
period beginning 180 days immediately preceding 
the date of the application and continuing through 
the period of time during which the funds from the 
grant are available to the applicant. 
‘‘(3) CONDITION
OF
GRANT.—Each applicant 
for a grant under this section shall agree, as a con-
dition of receipt of the grant, that if the State or 
other taxing jurisdiction within which the applicant 
is located, during any period of time during which 
the funds from the grant are available to the appli-
cant, obligates or expends designated E–911 charges 
for any purpose other than the purposes for which 
such charges are designated or presented, all of the 
funds from such grant shall be returned to the Of-
fice. 
‘‘(4) PENALTY FOR PROVIDING FALSE INFOR-
MATION.—Any applicant that provides a certification 
under paragraph (1) knowing that the information 
provided in the certification was false shall— 
‘‘(A) not be eligible to receive the grant 
under subsection (b);
‘‘(B) return any grant awarded under sub-
section (b) during the time that the certification 
was not valid; and 
‘‘(C) not be eligible to receive any subse-
quent grants under subsection (b). 
‘‘(d) AUTHORIZATION; TERMINATION.— 
‘‘(1) AUTHORIZATION.—There are authorized to 
be appropriated to the Department of Transpor-
tation, for the purposes of grants under the joint 
program operated under this section with the De-
partment 
of 
Commerce, 
not 
more 
than 
$250,000,000 for each of the fiscal years 2005 
through 2009, not more than 5 percent of which for 
any fiscal year may be obligated or expended for ad-
ministrative costs. 
‘‘(2) TERMINATION.—The provisions of this 
section shall cease to be effective on October 1, 
2009. 
‘‘(e) DEFINITIONS.—As used in this section: 
‘‘(1) OFFICE.—The term ‘Office’ means the E– 
911 Implementation Coordination Office. 
‘‘(2) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the National 
Highway Traffic Safety Administration. 
‘‘(3) ELIGIBLE ENTITY.—
‘‘(A) IN GENERAL.—The term ‘eligible en-
tity’ means a State or local government or a 
tribal organization (as defined in section 4(l) of 
the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b(l))). 
‘‘(B) INSTRUMENTALITIES.—Such term in-
cludes public authorities, boards, commissions, 
and similar bodies created by one or more eligi-
ble entities described in subparagraph (A) to 
provide E–911 services. 
‘‘(C) EXCEPTION.—Such term does not in-
clude any entity that has failed to submit the 
most recently required certification under sub-
section (c) within 30 days after the date on 
which such certification is due. 
‘‘(4) E–911 SERVICES.—The term ‘E–911 serv-
ices’ means both phase I and phase II enhanced 911 
services, as described in section 20.18 of the Com-
mission’s regulations (47 C.F.R. 20.18), as in effect 
on the date of enactment of the ENHANCE 911 
Act of 2004, or as subsequently revised by the Fed-
eral Communications Commission. 
‘‘(5) PHASE
II
E–911
SERVICES.—The term 
‘phase II E–911 services’ means only phase II en-
hanced 911 services, as described in such section
20.18 (47 C.F.R. 20.18), as in effect on such date, 
or as subsequently revised by the Federal Commu-
nications Commission. 
‘‘(6) STATE.—The term ‘State’ means any 
State of the United States, the District of Columbia, 
Puerto Rico, the Northern Mariana Islands, and any 
territory or possession of the United States.’’. 
SEC. 105. GAO STUDY OF STATE AND LOCAL USE OF 911 
SERVICE CHARGES. 
(a) IN GENERAL.—Within 60 days after the date of 
enactment of this Act, the Comptroller General shall ini-
tiate a study of— 
(1) the imposition of taxes, fees, or other 
charges imposed by States or political subdivisions 
of States that are designated or presented as dedi-
cated to improve emergency communications serv-
ices, including 911 services or enhanced 911 serv-
ices, or related to emergency communications serv-
ices operations or improvements; and 
(2) the use of revenues derived from such taxes, 
fees, or charges. 
(b) REPORT.—Within 18 months after initiating the 
study required by subsection (a), the Comptroller General 
shall transmit a report on the results of the study to the 
Senate Committee on Commerce, Science, and Transpor-
tation and the House of Representatives Committee on 
Energy and Commerce setting forth the findings, conclu-
sions, and recommendations, if any, of the study, includ-
ing— 
(1) the identity of each State or political sub-
division that imposes such taxes, fees, or other 
charges; and 
(2) the amount of revenues obligated or ex-
pended by that State or political subdivision for any 
purpose other than the purposes for which such 
taxes, fees, or charges were designated or presented. 
SEC. 106. REPORT ON THE DEPLOYMENT OF E–911 PHASE II 
SERVICES BY TIER III SERVICE PROVIDERS. 
Within 90 days after the date of enactment of this 
Act, the Federal Communications Commission shall sub-
mit a report to the Committee on Energy and Commerce 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate de-
tailing— 
(1) the number of tier III commercial mobile 
service providers that are offering phase II E–911 
services; 
(2) the number of requests for waivers from 
compliance with the Commission’s phase II E–911
service requirements received by the Commission 
from such tier III providers; 
(3) the number of waivers granted or denied by 
the Commission to such tier III providers; 
(4) how long each waiver request remained 
pending before it was granted or denied; 
(5) how many waiver requests are pending at 
the time of the filing of the report; 
(6) when the pending requests will be granted 
or denied; 
(7) actions the Commission has taken to reduce 
the amount of time a waiver request remains pend-
ing; and 
(8) the technologies that are the most effective 
in the deployment of phase II E–911 services by 
such tier III providers. 
SEC. 107. FCC REQUIREMENTS FOR CERTAIN TIER III CAR-
RIERS. 
(a) IN GENERAL.—The Federal Communications 
Commission shall act on any petition filed by a qualified 
Tier III carrier requesting a waiver of compliance with the 
requirements of section 20.18(g)(1)(v) of the Commis-
sion’s rules (47 C.F.R. 20.18(g)(1)(v)) within 100 days 
after the Commission receives the petition. The Commis-
sion shall grant the waiver of compliance with the require-
ments of section 20.18(g)(1)(v) of the Commission’s rules 
(47 C.F.R. 20.18(g)(1)(v)) requested by the petition if it 
determines that strict enforcement of the requirements of 
that section would result in consumers having decreased 
access to emergency services. 
(b) QUALIFIED TIER III CARRIER DEFINED.—In 
this section, the term ‘‘qualified Tier III carrier’’ means 
a provider of commercial mobile service (as defined in sec-
tion 332(d) of the Communications Act of 1934 (47 
U.S.C. 332(d)) that had 500,000 or fewer subscribers as 
of December 31, 2001. 
TITLE II—SPECTRUM 
RELOCATION 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Commercial Spectrum 
Enhancement Act’’. 
SEC. 202. RELOCATION OF ELIGIBLE FEDERAL ENTITIES 
FOR THE REALLOCATION OF SPECTRUM FOR 
COMMERCIAL PURPOSES. 
Section 113(g) of the National Telecommunications 
and Information Administration Organization Act (47 
U.S.C. 923(g)) is amended by striking paragraphs (1) 
through (3) and inserting the following: 
‘‘(1) ELIGIBLE FEDERAL ENTITIES.—Any Fed-
eral entity that operates a Federal Government sta-
tion assigned to a band of frequencies specified in 
paragraph (2) and that incurs relocation costs be-
cause of the reallocation of frequencies from Federal 
use to non-Federal use shall receive payment for 
such costs from the Spectrum Relocation Fund, in 
accordance with section 118 of this Act. For pur-
poses of this paragraph, Federal power agencies ex-
empted under subsection (c)(4) that choose to relo-
cate from the frequencies identified for reallocation 
pursuant to subsection (a), are eligible to receive 
payment under this paragraph. 
‘‘(2) ELIGIBLE FREQUENCIES.—The bands of 
eligible frequencies for purposes of this section are 
as follows: 
‘‘(A) the 216–220 megahertz band, the 
1432–1435 megahertz band, the 1710–1755 
megahertz band, and the 2385–2390 megahertz 
band of frequencies; and 
‘‘(B) any other band of frequencies reallo-
cated from Federal use to non-Federal use after 
January 1, 2003, that is assigned by competi-
tive bidding pursuant to section 309(j) of the 
Communications Act of 1934 (47 U.S.C. 
309(j)), except for bands of frequencies pre-
viously identified by the National Telecommuni-
cations and Information Administration in the 
Spectrum Reallocation Final Report, NTIA 
Special Publication 95–32 (1995). 
‘‘(3) DEFINITION OF RELOCATION COSTS.—For 
purposes of this subsection, the term ‘relocation 
costs’ means the costs incurred by a Federal entity 
to achieve comparable capability of systems, regard-
less of whether that capability is achieved by relo-
cating to a new frequency assignment or by utilizing 
an alternative technology. Such costs include— 
‘‘(A) the costs of any modification or re-
placement of equipment, software, facilities, op-
erating manuals, training costs, or regulations 
that are attributable to relocation; 
‘‘(B) the costs of all engineering, equip-
ment, software, site acquisition and construc-
tion costs, as well as any legitimate and pru-
dent transaction expense, including outside con-
sultants, and reasonable additional costs in-
curred by the Federal entity that are attrib-
utable to relocation, including increased recur-
ring costs associated with the replacement fa-
cilities; 
‘‘(C) the costs of engineering studies, eco-
nomic analyses, or other expenses reasonably
incurred in calculating the estimated relocation 
costs that are provided to the Commission pur-
suant to paragraph (4) of this subsection; 
‘‘(D) the one-time costs of any modifica-
tion of equipment reasonably necessary to ac-
commodate commercial use of such frequencies 
prior to the termination of the Federal entity’s 
primary allocation or protected status, when the 
eligible frequencies as defined in paragraph (2) 
of this subsection are made available for private 
sector uses by competitive bidding and a Fed-
eral entity retains primary allocation or pro-
tected status in those frequencies for a period 
of time after the completion of the competitive 
bidding process; and 
‘‘(E) the costs associated with the acceler-
ated replacement of systems and equipment if 
such acceleration is necessary to ensure the 
timely relocation of systems to a new frequency 
assignment. 
‘‘(4) NOTICE TO COMMISSION OF ESTIMATED 
RELOCATION COSTS.— 
‘‘(A) The Commission shall notify the 
NTIA at least 18 months prior to the com-
mencement of any auction of eligible fre-
SEC. 209. COMMERCIAL SPECTRUM LICENSE POLICY RE-
VIEW. 
(a) EXAMINATION.—The Comptroller General shall 
examine national commercial spectrum license policy as 
implemented by the Federal Communications Commission, 
and shall report its findings to the Senate Committee on 
Commerce, Science, and Transportation and the House of 
Representatives Committee on Energy and Commerce 
within 270 days. 
(b) CONTENT.—The report shall address each of the 
following: 
(1) An estimate of the respective proportions of 
electromagnetic spectrum capacity that have been 
assigned by the Federal Communications Commis-
sion— 
(A) prior to enactment of section 309(j) of 
the Communications Act of 1934 (47 U.S.C. 
309(j)) providing to the Commission’s competi-
tive bidding authority, 
(B) after enactment of that section using 
the Commission’s competitive bidding authority, 
and 
(C) by means other than competitive bid-
ding, 
and a description of the classes of licensees assigned 
under each method.