mission 
under 
section 
113(g)(4) 
or 
119(e)(1)(D)(iii), respectively, of such Act.’’; 
(B) in paragraph (8)(D)— 
(i) by striking the header and insert-
ing ‘‘PROCEEDS FROM REALLOCATED FED-
ERAL SPECTRUM’’; 
(ii) by striking ‘‘Cash’’ and inserting 
the following: 
‘‘(i) IN GENERAL.—Cash’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(ii) EXCEPTION.—With respect to 
each auction of frequencies described in 
section 119(f)(1) of such Act, an amount 
of the proceeds equal to the estimated relo-
cation costs provided to the Commission 
under section 119(e)(1)(D)(iii) for reloca-
tion of Federal entities from the fre-
quencies being assigned through such auc-
tion shall be deposited in the Spectrum Re-
location Fund. The remainder shall be de-
posited in the general fund of the Treasury 
for the sole purpose of deficit reduction.’’; 
and 
(C) in paragraph (16)— 
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(i) in the header, by striking ‘‘ELIGI-
BLE
FREQUENCIES’’ and inserting ‘‘RE-
ALLOCATED FEDERAL SPECTRUM’’; 
(ii) by amending subparagraphs (A) 
and (B) to read as follows: 
‘‘(A) SPECIAL REGULATIONS.—The Com-
mission shall revise the regulations prescribed 
under paragraph (4)(F) to prescribe methods 
by which— 
‘‘(i) the total cash proceeds from any 
auction of eligible frequencies described in 
section 113(g)(2) of the National Tele-
communications and Information Adminis-
tration 
Organization 
Act 
(47 
U.S.C. 
923(g)(2)) shall at least equal 110 percent 
of the total estimated relocation costs pro-
vided to the Commission pursuant to sec-
tion 113(g)(4) of such Act; and 
‘‘(ii) the total cash proceeds from any 
auction of frequencies described in section 
119(f)(1) of such Act shall at least equal 
110 percent of the total estimated reloca-
tion costs provided to the Commission pur-
suant to section 119(e)(1)(D)(iii) of such 
Act. 
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‘‘(B) CONCLUSION OF AUCTIONS CONTIN-
GENT ON MINIMUM PROCEEDS.— 
‘‘(i) IN GENERAL.—The Commission 
may not conclude any auction— 
‘‘(I) of eligible frequencies de-
scribed in section 113(g)(2) of the 
National Telecommunications and In-
formation Administration Organiza-
tion Act (47 U.S.C. 923(g)(2)) if the 
total cash proceeds attributable to 
such spectrum are less than 110 per-
cent of the total estimated relocation 
costs provided to the Commission pur-
suant to section 113(g)(4) of such 
Act; or 
‘‘(II) of frequencies described in 
section 119(f)(1) of such Act if the 
total cash proceeds attributable to 
such spectrum are less than 110 per-
cent of the total estimated relocation 
costs provided to the Commission pur-
suant to section 119(e)(1)(D)(iii) of 
such Act. 
‘‘(ii) INABILITY
TO
CONCLUDE
AUC-
TION.—If the Commission is unable to 
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conclude an auction because of the require-
ment of subclause (I) or (II) of clause (i), 
the Commission shall cancel the auction, 
return within 45 days after the auction 
cancellation date any deposits from partici-
pating bidders held in escrow, and absolve 
such bidders from any obligation to the 
United States to bid in any subsequent re-
auction of such spectrum.’’; and 
(iii) in subparagraph (C)— 
(I) by striking ‘‘eligible fre-
quencies’’ and inserting ‘‘frequencies’’; 
and 
(II) by striking ‘‘an eligible Fed-
eral entity’s’’ and inserting ‘‘a Federal 
entity’s’’. 
(2) SEPARATION FROM RELOCATION PROCESS 
UNDER SECTION 113 OF THE NTIA ORGANIZATION 
ACT.—Section 113(g)(2)(B) of the National Tele-
communications and Information Administration Or-
ganization Act (47 U.S.C. 923(g)(2)(B)) is amended 
by inserting before the period at the end the fol-
lowing: ‘‘, or frequencies described in section 
119(f)(1)’’. 
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(3) SPECTRUM
RELOCATION
FUND.—Section 
118 of the National Telecommunications and Infor-
mation Administration Organization Act (47 U.S.C. 
928) is amended— 
(A) by amending subsection (c) to read as 
follows: 
‘‘(c) USED
TO
PAY
RELOCATION
COSTS.—The 
amounts in the Fund— 
‘‘(1) from auctions of eligible frequencies de-
scribed in section 113(g)(2) are authorized to be 
used to pay relocation costs, as defined in section 
113(g)(3), of an eligible Federal entity incurring 
such costs with respect to relocation from those fre-
quencies; and 
‘‘(2) from auctions of frequencies described in 
section 119(f)(1) are authorized to be used to pay 
relocation costs, as defined in section 119(a)(7), of 
a Federal entity incurring such costs with respect to 
relocation from those frequencies.’’; 
(B) in subsection (d)(2)— 
(i) in the matter before subparagraph 
(A), by striking ‘‘eligible’’; 
(ii) in subparagraph (B), by striking 
‘‘for approval’’ each place it appears; and 
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(iii) in the matter after subparagraph 
(B), by striking ‘‘Unless disapproved’’ and 
all that follows and inserting ‘‘In the case 
of an initial transfer to a Federal entity in-
curring relocation costs with respect to re-
location from frequencies described in sec-
tion 119(f)(1), approval of the implementa-
tion plan of the entity under section 
119(e)(1)(D) constitutes approval under 
subparagraph (A).’’; and 
(C) in subsection (e)— 
(i) in the header, by striking ‘‘ELIGI-
BLE’’; 
(ii) in paragraph (1)— 
(I) in subparagraph (A), by strik-
ing ‘‘section 113(g)(1) of this Act’’ 
and inserting ‘‘section 113(g)(1), or 
Federal entities incurring relocation 
costs with respect to relocation from 
frequencies 
described 
in 
section 
119(f)(1)’’; 
(II) in subparagraph (B), by 
striking ‘‘An eligible Federal entity’’ 
and inserting ‘‘A Federal entity’’; and 
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(III) in subparagraph (C), by 
striking ‘‘eligible’’; and 
(iii) in paragraph (2), by striking ‘‘An 
eligible Federal entity’’ and inserting ‘‘A 
Federal entity’’. 
SEC. 4. PROHIBITION AGAINST CERTAIN CONDITIONS ON 
LICENSURE AND AUCTION PARTICIPATION. 
Section 309(j) of the Communications Act of 1934, 
as amended by section 3(b)(1), is further amended by add-
ing at the end the following: 
‘‘(17) PROHIBITION AGAINST CERTAIN CONDI-
TIONS
ON
LICENSURE
AND
AUCTION
PARTICIPA-
TION.—The Commission may not— 
‘‘(A) establish on a license for the use of 
spectrum frequencies any condition relating to 
its Report and Order with regard to Preserving 
the Open Internet; Broadband Industry Prac-
tices (GN Docket No. 09–191, WC Docket No. 
07–52) (adopted December 21, 2010); 
‘‘(B) restrict the number or type of bidders 
or any specific bidder from participating in any 
public auction for the assignment of licenses for 
the use of spectrum frequencies; 
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‘‘(C) prescribe the rates or terms of or oth-
erwise condition services that may be offered by 
successful bidders in any such auction; or 
‘‘(D) notwithstanding section 316, impose 
any additional license requirements or rules on 
successful bidders once any such auction has 
been completed.’’. 
Æ 
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