(10) NIST.—The term ‘‘NIST’’ means the Na-
tional Institute of Standards and Technology. 
(11) NTIA.—The term ‘‘NTIA’’ means the Na-
tional Telecommunications and Information Admin-
istration. 
(12) PUBLIC SAFETY ENTITY.—The term ‘‘pub-
lic safety entity’’ means an entity that provides pub-
lic safety services. 
(13) PUBLIC
SAFETY
SERVICES.—The term 
‘‘public safety services’’— 
(A) has the meaning given the term in sec-
tion 337(f) of the Communications Act of 1934 
(47 U.S.C. 337(f)); and 
(B) includes services provided by emer-
gency response providers, as that term is de-
fined in section 2 of the Homeland Security Act 
of 2002 (6 U.S.C. 101). 
PART I—AUCTIONS OF SPECTRUM AND 
SPECTRUM MANAGEMENT 
SEC. 221. CLARIFICATION OF AUTHORITIES TO REPURPOSE 
FEDERAL SPECTRUM FOR COMMERCIAL PUR-
POSES. 
(a) 
ELIGIBLE
FEDERAL
ENTITIES.—Section 
113(g)(1) of the National Telecommunications and Infor-
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mation Administration Organization Act (47 U.S.C. 
923(g)(1)) is amended to read as follows: 
‘‘(1) ELIGIBLE FEDERAL ENTITIES.—Any Fed-
eral entity that operates a Federal Government sta-
tion authorized to use a band of frequencies speci-
fied in paragraph (2) and that incurs relocation 
costs because of planning for a potential auction of 
spectrum frequencies, a planned auction of spectrum 
frequencies, or the reallocation of spectrum fre-
quencies from Federal use to exclusive non-Federal 
use, or shared Federal and non-Federal use shall re-
ceive payment for such costs from the Spectrum Re-
location Fund, in accordance with section 118 of 
this Act. For purposes of this paragraph, Federal 
power agencies exempted under subsection (c)(4) 
that choose to relocate from the frequencies identi-
fied for reallocation pursuant to subsection (a), are 
eligible to receive payment under this paragraph.’’. 
(b) ELIGIBLE FREQUENCIES.—Section 113(g)(2)(B) 
of the National Telecommunications and Information Ad-
ministration Organization Act (47 U.S.C. 923(g)(2)(B)) 
is amended to read as follows: 
‘‘(B) any other band of frequencies reallo-
cated from Federal use to non-Federal or 
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shared use, whether for licensed or unlicensed 
use, after January 1, 2003, that is assigned— 
‘‘(i) by competitive bidding pursuant 
to section 309(j) of the Communications 
Act of 1934 (47 U.S.C. 309(j)); or 
‘‘(ii) as a result of an Act of Congress 
or any other administrative or executive di-
rection.’’. 
(c) DEFINITION
OF RELOCATION
AND SHARING 
COSTS.—Section 113(g)(3) of the National Telecommuni-
cations and Information Administration Organization Act 
(47 U.S.C. 923(g)(3)) is amended to read as follows: 
‘‘(3) DEFINITION OF RELOCATION AND SHAR-
ING COSTS.—For purposes of this subsection, the 
terms ‘relocation costs’ and ‘sharing costs’ mean the 
costs incurred by a Federal entity to plan for a po-
tential or planned auction or sharing of spectrum 
frequencies and to achieve comparable capability of 
systems, regardless of whether that capability is 
achieved by relocating to a new frequency assign-
ment, relocating a Federal Government station to a 
different geographic location, modifying Federal 
Government equipment to mitigate interference or 
use less spectrum, in terms of bandwidth, geog-
raphy, or time, and thereby permitting spectrum 
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sharing (including sharing among relocated Federal 
entities and incumbents to make spectrum available 
for non-Federal use) or relocation, or by utilizing an 
alternative technology. Comparable capability of sys-
tems includes the acquisition of state-of-the art re-
placement systems intended to meet comparable 
operational scope, which may include incidental in-
creases in functionality. Such costs include— 
‘‘(A) the costs of any modification or re-
placement of equipment, spares, associated an-
cillary equipment, software, facilities, operating 
manuals, training costs, or regulations that are 
attributable to relocation or sharing; 
‘‘(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 term-limited 
Federal civil servant and contractor staff nec-
essary to carry out the relocation activities of 
an eligible Federal entity, and reasonable addi-
tional costs incurred by the Federal entity that 
are attributable to relocation or sharing, includ-
ing increased recurring costs above recurring 
costs of the system before relocation for the re-
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maining estimated life of the system being relo-
cated; 
‘‘(C) the costs of research, engineering 
studies, economic analyses, or other expenses 
reasonably incurred in connection with— 
‘‘(i) calculating the estimated reloca-
tion costs that are provided to the Com-
mission pursuant to paragraph (4) of this 
subsection, or in calculating the estimated 
sharing costs; 
‘‘(ii) determining the technical or 
operational feasibility of relocation to 1 or 
more potential relocation bands; or 
‘‘(iii) planning for or managing a relo-
cation or sharing project (including spec-
trum coordination with auction winners) or 
potential relocation or sharing project; 
‘‘(D) the one-time costs of any modifica-
tion of equipment reasonably necessary to ac-
commodate commercial use of shared fre-
quencies or, in the case of frequencies reallo-
cated to exclusive commercial use, prior to the 
termination of the Federal entity’s primary allo-
cation or protected status, when the eligible fre-
quencies as defined in paragraph (2) of this 
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subsection are made available for private sector 
uses by competitive bidding and a Federal enti-
ty retains primary allocation or protected status 
in those frequencies for a period of time after 
the completion of the competitive bidding proc-
ess; 
‘‘(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 or the timely accommodation of 
sharing of Federal frequencies; and 
‘‘(F) the costs of the use of commercial 
systems (including systems not utilizing spec-
trum) to replace Federal systems discontinued 
or relocated pursuant to this Act, including 
lease, subscription, and equipment costs over an 
appropriate period, such as the anticipated life 
of an equivalent Federal system or other period 
determined by the Director of the Office of 
Management and Budget.’’. 
(d) SPECTRUM SHARING.—Section 113(g) of the Na-
tional Telecommunications and Information Administra-
tion Organization Act (47 U.S.C. 923(g)) is amended by 
adding at the end the following: 
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‘‘(7) SPECTRUM SHARING.—A Federal entity is 
permitted to allow access to its frequency assign-
ments by a non-Federal entity upon approval of 
NTIA, in consultation with the Director of the Of-
fice of Management and Budget. Such non-Federal 
entities shall comply with all applicable rules of the 
Commission and the NTIA, including any regula-
tions promulgated pursuant to this section. Any re-
muneration associated with such access shall be de-
posited into the Spectrum Relocation Fund estab-
lished under section 118. A Federal entity that in-
curs costs as a result of such access is eligible for 
payment from the Fund for the purposes specified in 
paragraph (3) of this section. The revenue associ-
ated with such access shall be at least 110 percent 
of the estimated Federal costs.’’. 
(e) SPECTRUM RELOCATION FUND.—Section 118 of 
the National Telecommunications and Information Ad-
ministration Organization Act (47 U.S.C. 928) is amend-
ed— 
(1) in subsection (b), by inserting before the pe-
riod at the end the following: ‘‘and any payments 
made by non-Federal entities for access to Federal 
spectrum pursuant to section 113(g)(7) (47 U.S.C. 
113(g)(7))’’; 
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(2) by amending subsection (c) to read as fol-
lows: 
‘‘(c) USE OF FUNDS.— 
‘‘(1) FUNDS FROM AUCTIONS.—The amounts in 
the Fund from auctions of eligible frequencies are 
authorized to be used to pay relocation costs, as 
such costs are defined in section 113(g)(3), of an eli-
gible Federal entity incurring such costs with re-
spect to relocation from any eligible frequency. 
‘‘(2) FUNDS
FROM
PAYMENTS
BY
NON-FED-
ERAL ENTITIES.—The amounts in the Fund from 
payments by non-Federal entities for access to Fed-
eral spectrum are authorized to be used to pay the 
sharing costs, as such costs are defined in section 
113(g)(3), of an eligible Federal entity incurring 
such costs. 
‘‘(3) TRANSFER OF FUNDS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Director of OMB may transfer 
at any time (including prior to any auction or 
contemplated auction, or sharing initiative) 
such sums as may be available in the Fund to 
an eligible Federal entity to pay eligible reloca-
tion or sharing costs related to pre-auction esti-
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mates or research, as such costs are described 
in section 113(g)(3)(C). 
‘‘(B) LIMITATION.—The Director of OMB 
may not transfer more than $100,000,000 asso-
ciated with authorize pre-auction activities be-
fore an auction is completed and proceeds are 
deposited in the Spectrum Relocation Fund. 
‘‘(C) APPLICABILITY.—The Director of 
OMB may transfer up to $10,000,000 to eligi-
ble Federal entities for eligible relocation or 
sharing costs related to pre-auction estimates or 
research, as such costs are described in section 
113(g)(3)(C), for costs incurred prior to the 
date of the enactment of the Budget Control 
Act of 2011, but after June 28th, 2010.’’; 
(3) in subsection (d)— 
(A) in paragraph (1), by inserting ‘‘and 
sharing’’ before ‘‘costs’’; 
(B) in paragraph (2)(B)— 
(i) by inserting ‘‘and sharing’’ before 
‘‘costs’’; and 
(ii) by inserting ‘‘and sharing’’ before 
the period at the end; and 
(C) by amending paragraph (3) to read as 
follows: 
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‘‘(3) REVERSION OF UNUSED FUNDS.— 
‘‘(A) IN GENERAL.—Any amounts in the 
Fund that are remaining after the payment of 
the relocation and sharing costs that are pay-
able from the Fund shall revert to and be de-
posited in the General Fund of the Treasury 
not later than 15 years after the date of the de-
posit of such proceeds to the Fund, unless with-
in 60 days in advance of the reversion of such 
funds, the Director of OMB, in consultation 
with the Assistant Secretary for Communica-
tions and Information, notifies the appropriate 
committees of Congress that such funds are 
needed to complete or to implement current or 
future relocations or sharing initiatives. 
‘‘(B) DEFINITION.—In this paragraph, the 
term ‘appropriate committees of Congress’ 
means— 
‘‘(i) the Committee on Appropriations 
of the Senate; 
‘‘(ii) the Committee on Commerce, 
Science, and Transportation of the Senate; 
‘‘(iii) the Committee on Appropria-
tions of the House of Representatives; and 
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‘‘(iv) the Committee on Energy and 
Commerce of the House of Representa-
tives.’’; 
(4) in subsection (e)(2)— 
(A) by inserting ‘‘and sharing’’ before 
‘‘costs’’; 
(B) by inserting ‘‘or sharing’’ before ‘‘is 
complete’’; and 
(C) by inserting ‘‘or sharing’’ before ‘‘in 
accordance’’; and 
(5) by adding at the end the following: 
‘‘(f) ADDITIONAL PAYMENTS FROM THE FUND.— 
Notwithstanding subsections (c) through (e), after the 
date of the enactment of the Budget Control Act of 2011, 
and following the credit of any amounts specified in sub-
section (b), there are hereby appropriated from the Fund 
and available to the Director of the OMB up to 10 percent 
of the amounts deposited in the Fund from the auction 
of licenses for frequencies of spectrum vacated by Federal 
entities, or up to 10 percent of the amounts deposited in 
the Fund by non-Federal entities for sharing of Federal 
spectrum. The Director of OMB, in consultation with the 
Assistant Secretary for Communications and Information, 
may use such amounts to pay eligible Federal entities for 
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the purpose of encouraging timely access to such spec-
trum, provided that— 
‘‘(1) any such payment by the Director of OMB 
is based on the market value of the spectrum, the 
timeliness of clearing, and needs for essential mis-
sions of agencies; 
‘‘(2) any such payment by the Director of OMB 
is used to carry out the purposes specified in sub-
paragraphs (A) through (F) of paragraph (3) of 
subsection 113(g) to enhance other communications, 
radar, and spectrum-using investments not directly 
affected by such reallocation or sharing but essential 
for the missions of the Federal entity that is relo-
cating its systems or sharing frequencies; 
‘‘(3) the amount remaining in the Fund after 
any such payment by the Director is not less than 
10 percent of the winning bids in the relevant auc-
tion, or is not less than 10 percent of the payments 
from non-Federal entities in the relevant sharing 
agreement; and 
‘‘(4) any such payment by the Director shall 
not be made until 30 days after the Director has no-
tified the Committees on Appropriations and Com-
merce, Science, and Transportation of the Senate, 
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and the Committees on Appropriations and Energy 
and Commerce of the House of Representatives.’’. 
(f) COMPETITIVE BIDDING; TREATMENT OF REVE-
NUES.—Subparagraph (D) of section 309(j)(8) of the 
Communications Act of 1934 (47 U.S.C. 309(j)(8)) is 
amended by inserting ‘‘excluding frequencies identified by 
the Federal Communications Commission to be auctioned 
in conjunction with eligible frequencies described in sec-
tion 113(g)(2)’’ before ‘‘shall be deposited’’. 
(g) PUBLIC DISCLOSURE AND NONDISCLOSURE.—If 
the head of an executive agency of the Federal Govern-
ment determines that public disclosure of any information 
contained in notifications and reports required by section 
113 or 118 of the National Telecommunications and In-
formation Administration Organization Act (47 U.S.C. 
923 and 928) would reveal classified national security in-
formation or other information for which there is a legal 
basis for nondisclosure and such public disclosure would 
be detrimental to national security, homeland security, 
public safety, or jeopardize law enforcement investiga-
tions, the head of the executive agency shall notify the 
NTIA of that determination prior to release of such infor-
mation. In that event, such classified information shall be 
included in a separate annex, as needed. These annexes 
shall be provided to the appropriate subcommittee in ac-
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cordance with appropriate national security stipulations, 
but shall not be disclosed to the public or provided to any 
unauthorized person through any other means. 
SEC. 222. INCENTIVE AUCTION AUTHORITY. 
(a) IN GENERAL.—Paragraph (8) of section 309(j) 
of the Communications Act of 1934 (47 U.S.C. 309(j)) 
is amended— 
(1) in subparagraph (A), by striking ‘‘(B), (D), 
and (E),’’ and inserting ‘‘(B), (D), (E), and (F),’’; 
and 
(2) by adding at the end the following: 
‘‘(F) INCENTIVE AUCTION AUTHORITY.— 
‘‘(i) 
AUTHORITY.—Notwithstanding 
any other provision of law, if the Commis-
sion determines that it is consistent with 
the public interest in utilization of the 
spectrum for a licensee to relinquish volun-
tarily some or all of its licensed spectrum 
usage rights in order to permit the assign-
ment of new initial licenses through a com-
petitive bidding process subject to new 
service rules, or the designation of new 
spectrum for unlicensed use, the Commis-
sion may disburse to that licensee a por-
tion of any auction proceeds that the Com-
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mission determines, in its discretion, are 
attributable to the licensee’s relinquished 
spectrum usage rights. 
‘‘(ii) REPACKING.—When assigning 
spectrum to television broadcast station li-
censees pursuant to clause (i), if the Com-
mission determines that it is in the public 
interest to modify the spectrum usage 
rights of any incumbent licensee in order 
to facilitate the assignment of such new 
initial licenses subject to new service rules, 
or the designation of spectrum for an unli-
censed use, the Commission may disburse 
to such licensee a portion of the auction 
proceeds for the purpose of relocating to 
any alternative frequency or location that 
the Commission may designate. 
‘‘(iii) UNLICENSED SPECTRUM.— 
‘‘(I) IN GENERAL.—With respect 
to frequency bands between 54 and 72 
MHz, 76 and 88 MHz, 174 and 216 
MHz, 470 and 698 MHz, 84 MHz 
(referred to in this clause as the ‘spec-
ified bands’) shall be assigned via a 
competitive bidding process until the 
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winning bidders for licenses covering 
90 megahertz from the specified 
bands deposit the full amount of their 
bids in accordance with the instruc-
tions of the Commission. In addition, 
if more than 90 megahertz of spec-
trum from the specified bands is made 
available for alternative use utilizing 
payments under this subsection, and 
such spectrum is assigned via com-
petitive bidding, a portion of the pro-
ceeds may be disbursed to licensees of 
other frequency bands for the purpose 
of making additional spectrum avail-
able. 
‘‘(II) NOTICE.—The Chairman of 
the Commission, in consultation with 
the Director of OMB, shall notify the 
Committees on Appropriations and 
Commerce, Science, and Transpor-
tation of the Senate, and the Commit-
tees on Appropriations and Energy 
and Commerce of the House of Rep-
resentatives of the methodology for 
calculating such payments to licensees 
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at least 3 months in advance of the 
relevant auction, and that such meth-
odology consider the value of spec-
trum vacated in its current use and 
the timeliness of clearing. 
‘‘(iv) TREATMENT
OF
REVENUES.— 
Notwithstanding subparagraph (A), and 
except as provided in subparagraphs (B), 
(C), and (D), all proceeds (including de-
posits and up front payments from suc-
cessful bidders) from the auction of spec-
trum under this subparagraph shall be de-
posited with the Public Safety Trust Fund 
established under section 243 of the Budg-
et Control Act of 2011. 
‘‘(G) ESTABLISHMENT OF INCENTIVE AUC-
TION RELOCATION FUND.— 
‘‘(i) IN
GENERAL.—There is estab-
lished in the Treasury of the United States 
a fund to be known as the ‘Incentive Auc-
tion Relocation Fund’. 
‘‘(ii) ADMINISTRATION.—The Assist-
ant Secretary shall administer the Incen-
tive Auction Relocation Fund using the 
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