H. R. 5419—4
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 condition 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 applicant,
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 Office.
‘‘(4) PENALTY
FOR
PROVIDING
FALSE
INFORMATION.—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 sub-
section (b);
‘‘(B) return any grant awarded under subsection (b)
during the time that the certification was not valid; and
‘‘(C) not be eligible to receive any subsequent grants
under subsection (b).
‘‘(d) AUTHORIZATION; TERMINATION.—
‘‘(1) AUTHORIZATION.—There are authorized to be appro-
priated to the Department of Transportation, for the purposes
of grants under the joint program operated under this section
with the Department 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 administrative 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 ‘Administrator’ means the
Administrator of the National Highway Traffic Safety Adminis-
tration.
‘‘(3) ELIGIBLE ENTITY.—
‘‘(A) IN GENERAL.—The term ‘eligible entity’ 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 includes public
authorities, boards, commissions, and similar bodies cre-
ated by one or more eligible entities described in subpara-
graph (A) to provide E–911 services.
‘‘(C) EXCEPTION.—Such term does not include any
entity that has failed to submit the most recently required
certification under subsection (c) within 30 days after the
date on which such certification is due.
‘‘(4) E–911 SERVICES.—The term ‘E–911 services’ means
both phase I and phase II enhanced 911 services, as described
in section 20.18 of the Commission’s regulations (47 C.F.R.
20.18), as in effect on the date of enactment of the ENHANCE
H. R. 5419—5
911 Act of 2004, or as subsequently revised by the Federal
Communications Commission.
‘‘(5) PHASE
II
E–911 SERVICES.—The term ‘phase II E–
911 services’ means only phase II enhanced 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 initiate 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 dedicated to improve emergency communica-
tions services, including 911 services or enhanced 911 services,
or related to emergency communications services 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 Transportation and the House of Rep-
resentatives Committee on Energy and Commerce setting forth
the findings, conclusions, and recommendations, if any, of the study,
including—
(1) the identity of each State or political subdivision that
imposes such taxes, fees, or other charges; and
(2) the amount of revenues obligated or expended 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 submit a report to the
Committee on Energy and Commerce of the House of Representa-
tives and the Committee on Commerce, Science, and Transportation
of the Senate detailing—
(1) the number of tier III commercial mobile service pro-
viders 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;
H. R. 5419—6
(7) actions the Commission has taken to reduce the amount
of time a waiver request remains pending; and
(8) the technologies that are the most effective in the
deployment of phase II E–911 services by such tier III pro-
viders.
SEC. 107. FCC REQUIREMENTS FOR CERTAIN TIER III CARRIERS.
(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 Commission’s rules (47 C.F.R. 20.18(g)(1)(v))
within 100 days after the Commission receives the petition. The
Commission 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 section 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 Enhance-
ment Act’’.
SEC. 202. RELOCATION OF ELIGIBLE FEDERAL ENTITIES FOR THE RE-
ALLOCATION OF SPECTRUM FOR COMMERCIAL PUR-
POSES.
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 Federal entity that
operates a Federal Government station assigned to a band
of frequencies specified in paragraph (2) and that incurs reloca-
tion costs because 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 purposes of this paragraph, Federal power
agencies exempted under subsection (c)(4) that choose to
relocate from the frequencies identified for reallocation pursu-
ant to subsection (a), are eligible to receive payment under
this paragraph.
‘‘(2) ELIGIBLE
FREQUENCIES.—The bands of eligible fre-
quencies 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 reallocated from
Federal use to non-Federal use after January 1, 2003,
that is assigned by competitive bidding pursuant to section
309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)),
except for bands of frequencies previously identified by
H. R. 5419—7
the 
National 
Telecommunications 
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, regardless of whether that capability is achieved
by relocating to a new frequency assignment or by utilizing
an alternative technology. Such costs include—
‘‘(A) the costs of any modification or replacement of
equipment, software, facilities, operating manuals, training
costs, or regulations that are attributable to relocation;
‘‘(B) the costs of all engineering, equipment, software,
site acquisition and construction costs, as well as any legiti-
mate and prudent transaction expense, including outside
consultants, and reasonable additional costs incurred by
the Federal entity that are attributable to relocation,
including increased recurring costs associated with the
replacement facilities;
‘‘(C) the costs of engineering studies, economic anal-
yses, or other expenses reasonably incurred in calculating
the estimated relocation costs that are provided to the
Commission pursuant to paragraph (4) of this subsection;
‘‘(D) the one-time costs of any modification of equip-
ment reasonably necessary to accommodate 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 Federal entity retains primary
allocation or protected status in those frequencies for a
period of time after the completion of the competitive bid-
ding process; and
‘‘(E) the costs associated with the accelerated replace-
ment 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 commencement of any auction of
eligible frequencies defined in paragraph (2). At least 6
months prior to the commencement of any such auction,
the NTIA, on behalf of the Federal entities and after review
by the Office of Management and Budget, shall notify the
Commission of estimated relocation costs and timelines
for such relocation.
‘‘(B) Upon timely request of a Federal entity, the NTIA
shall provide such entity with information regarding an
alternative frequency assignment or assignments to which
their radiocommunications operations could be relocated
for purposes of calculating the estimated relocation costs
and timelines to be submitted to the Commission pursuant
to subparagraph (A).
‘‘(C) To the extent practicable and consistent with
national security considerations, the NTIA shall provide
the information required by subparagraphs (A) and (B)