I 
110TH CONGRESS 
2D SESSION 
H. R. 7207 
To amend the National Telecommunications and Information Administration 
Organization Act to improve the process of reallocation of spectrum 
from Federal government uses to commercial uses. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2008 
Mr. INSLEE introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To amend the National Telecommunications and Information 
Administration Organization Act to improve the process 
of reallocation of spectrum from Federal government 
uses to commercial uses. 
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 ‘‘Spectrum Relocation 
Improvement Act of 2008’’. 
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SEC. 2. RIGHTS AND RESPONSIBILITIES OF FEDERAL ENTI-
TIES IN THE SPECTRUM RELOCATION PROC-
ESS. 
(a) 
ELIGIBLE
FEDERAL
ENTITIES.—Section 
113(g)(1) of the National Telecommunications and Infor-
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, as defined in subsection (i), that operates 
a Federal Government station assigned to a band of 
eligible frequencies, as described in paragraph (2), 
and that incurs relocation costs because of the re-
allocation of frequencies from Federal use to non- 
Federal use shall receive payment for such costs 
from the Spectrum Relocation Fund if the Federal 
entity is found by the Office of Management and 
Budget (‘OMB’) to comply with the requirements of 
this section and section 118. For purposes of this 
paragraph, Federal power agencies exempted under 
subsection (c)(4) that choose to relocate from the 
frequencies identified for reallocation pursuant to 
subsection (a) are eligible to receive payment under 
this paragraph.’’. 
(b) PUBLIC INFORMATION ON RELOCATION PROC-
ESS.—Section 113(g) of such Act (47 U.S.C. 923(g)) is 
amended by redesignating paragraph (6) as paragraph (7) 
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and by inserting after paragraph (5) the following new 
paragraph: 
‘‘(6) PUBLIC NOTICE OF RELOCATION PLANS.— 
‘‘(A) Not later than 60 days after the date 
on which the NTIA, on behalf of eligible Fed-
eral entities and after review by OMB, notifies 
the Commission of estimated relocation costs 
and timelines for such relocation as required by 
subsection (g)(4)(A), NTIA shall post on its 
website detailed transition plans from each of 
the eligible Federal entities. Each Federal enti-
ty’s transition plan shall provide the public with 
the following information about its spectrum re-
location requirements: 
‘‘(i) Current use of the spectrum. 
‘‘(ii) Geographic location of the Fed-
eral entities’ facilities or systems. 
‘‘(iii) Frequency bands used by such 
facilities or systems, described by geo-
graphic location. 
‘‘(iv) The steps to be taken by the 
Federal entity to relocate its current spec-
trum uses from the eligible frequencies, de-
tailed according to timelines for specific 
geographic locations in sufficient detail to 
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indicate when use of such frequencies at 
specific locations will be shared between 
the Federal entity and the commercial li-
censee. 
‘‘(v) The specific interactions between 
eligible Federal entities and NTIA needed 
to implement the transition plan. 
‘‘(vi) The professional staff, including 
managers, who are responsible for the Fed-
eral entity’s relocation efforts and who are 
authorized to meet and negotiate with 
commercial licensees regarding the reloca-
tion process. 
‘‘(vii) The Federal entity’s plans and 
timeline for using relocation funds received 
from the Spectrum Relocation Fund. 
‘‘(viii) The Federal entity’s plans and 
timeline for procuring new equipment and 
additional personnel needed for the reloca-
tion. 
‘‘(ix) The Federal entity’s plans and 
timeline for field-testing and deploying new 
equipment needed in the relocation. 
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‘‘(x) The Federal entity’s plans and 
timeline for hiring and relying on contract 
personnel, if any. 
‘‘(xi) Risk factors in the relocation 
process that could affect the Federal enti-
ty’s fulfillment of its transition plan. 
‘‘(B) To be eligible to receive payment for 
relocation costs from the Spectrum Relocation 
Fund— 
‘‘(i) Federal entities shall make the 
transition plans described in this sub-
section available to NTIA at least 60 days 
prior to the date that NTIA must make 
such plans publicly available on its website 
pursuant to subparagraph (A), in a com-
mon format to be specified by NTIA after 
public input; and 
‘‘(ii) each transition plan shall be 
evaluated by a standing 3-member tech-
nical panel (in this section referred to as 
the ‘Technical Panel’), which shall report 
to NTIA and to the Federal entity, within 
30 days after the plan’s submission to 
NTIA, on the sufficiency of the plan under 
this paragraph, including whether the re-
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quired public information is included and 
whether proposed timelines and estimated 
relocation costs are reasonable. 
‘‘(C) The Director of OMB, the Adminis-
trator of NTIA, and the Chairman of the FCC 
shall each appoint one member to the Technical 
Panel, and each such member shall be a radio 
engineer or technical expert not employed by, or 
a paid consultant to, any Federal or State gov-
ernmental agency. NTIA shall adopt regulations 
to govern the workings of the Technical Panel 
after public notice and comment, subject to 
OMB approval, and the members of the Tech-
nical Panel shall be appointed, within 180 days 
of the date of enactment of the Spectrum Relo-
cation Improvement Act of 2008. 
‘‘(D) If any of the information otherwise 
required in subparagraph (g)(6) is ‘classified in-
formation,’ as that term is defined in section 
798(b) of title 18, United States Code, the Fed-
eral entity’s transition plan shall explain the ex-
clusion of any such information as specifically 
as possible, shall make all relevant non-classi-
fied information available in its transition plan, 
and shall discuss as a risk factor the extent of 
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the classified information and the effect on the 
relocation process of the classified informa-
tion.’’. 
(c) SHARING AND COORDINATION OF SPECTRUM BE-
TWEEN COMMERCIAL LICENSEES AND FEDERAL ENTI-
TIES DURING RELOCATION TRANSITION.—Section 118 of 
such Act (47 U.S.C. 928) is amended by adding at the 
end the following new subsections: 
‘‘(f) ELIGIBILITY
FOR PAYMENT
OF RELOCATION 
COSTS.— 
‘‘(1) SPECTRUM SHARING.—To be eligible to re-
ceive payment for relocation costs from the Spec-
trum Relocation Fund, a Federal entity must— 
‘‘(A) in its transition plan for relocating its 
current spectrum uses, provide, to the fullest 
extent possible, for sharing and coordination of 
eligible frequencies with commercial licensees, 
including reasonable accommodation by the 
Federal entity for the use of eligible frequencies 
by the commercial licensee during the period 
that the Federal entity is relocating its spec-
trum uses (in this subsection referred to as the 
‘transition period’); 
‘‘(B) during the transition period, make 
itself available, within 30 days after a written 
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request, for negotiation and discussion with 
commercial licensees; and 
‘‘(C) during the transition period, make 
available to a commercial licensee with appro-
priate security clearances any ‘classified infor-
mation’ as that term is defined in section 
798(b) of title 18, United States Code, regard-
ing the relocation process, on a need-to-know 
basis, to assist the commercial licensee in the 
relocation process with that Federal entity or 
other Federal entities. 
‘‘(2) TIMELY
AND
SUCCESSFUL
COMPLETION 
OF RELOCATION.—In addition to the conditions of 
paragraph (1), to be eligible to receive payment for 
relocation costs from the Spectrum Relocation Fund, 
a Federal entity must— 
‘‘(A) complete the relocation of its current 
spectrum uses not later than 1 year after the 
date upon which funds are transferred to the 
entity to fund the relocation unless, prior to the 
date that NTIA is required to post publicly the 
Federal entity’s transition plan, the Federal en-
tity receives written approval from OMB, with 
advice of NTIA, for a different time period for 
completion; and 
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‘‘(B) make available to NTIA, not later 
than 15 days prior to the date that is the half-
way point of the time period described in sub-
paragraph (A), a complete update of its transi-
tion plan. NTIA shall post such update publicly 
on its website not later than the date that is the 
halfway point of the time period described in 
subparagraph (A). 
‘‘(3) Nothing in paragraphs (1) or (2) shall be 
construed to adversely affect critical communications 
related to the mission of any Federal entity. 
‘‘(4) Subject to subsection (d), payments for re-
location costs from the Spectrum Relocation Fund 
shall be made to an eligible Federal entity not later 
than 30 days after the grant of the first license fol-
lowing the close of the auction. 
‘‘(g) DISPUTE RESOLUTION PROCESS.— 
‘‘(1) If, during the spectrum relocation process, 
a dispute arises over the execution, timing, or cost 
of the Federal entity’s transition plan, either the 
Federal entity or the affected commercial licensee 
may seek resolution of the dispute from a 3-member 
dispute resolution board, consisting of a representa-
tive of OMB, NTIA, and the Commission, and 
chaired by the representative of OMB. 
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‘‘(2) The dispute resolution board shall meet 
with representatives of the Federal entity and the 
commercial licensee together to discuss the dispute. 
The dispute resolution board may require the parties 
to make written submissions to it. The dispute reso-
lution board shall rule on any dispute within 28 days 
after the date that the dispute was brought before 
it. 
‘‘(3) The dispute resolution board shall be as-
sisted by the Technical Panel described in section 
113(g)(6)(C). 
‘‘(4) Subject to OMB approval, NTIA shall 
adopt regulations to govern the working of the dis-
pute resolution board and the role of the Technical 
Panel after public notice and comment within 180 
days after the date of enactment of the Spectrum 
Relocation Improvement Act of 2008. 
‘‘(5) Appeals may be taken from decisions of 
the dispute resolution board to the United States 
Court of Appeals for the District of Columbia Cir-
cuit by filing a notice of appeal with that court with-
in 30 days after the date of such decision. Each 
party shall bear its own costs and expenses, includ-
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ing attorneys’ fees, for any litigation to enforce this 
subsection or any decision rendered under it.’’. 
Æ 
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