561
‘‘(7) LIMITATION OF EFFECT ON ALLOCATION
DECISIONS.—In making a decision pursuant to sec-
tion 303(c) to assign a band of frequencies to a use
for which licenses or permits will be issued pursuant
to this subsection, and in prescribing regulations
pursuant to paragraph (4)(A) and (4)(C) of this
subsection, the Commission may not base a finding
of public interest, convenience, and necessity solely
or predominantly on the expectation of Federal reve-
nues from the use of a system of competitive bidding
under this subsection.
‘‘(8) TREATMENT OF REVENUES.—All proceeds
from the use of a competitive bidding system under
this subsection shall be deposited in the Treasury in
accordance with chapter 33 of title 31, United
States Code. A license or permit issued by the Com-
mission under this section shall not be treated as the
property of the licensee for tax purposes by any
State or local government entity.
‘‘(9) TERMINATION; EVALUATION.—The author-
ity of the Commission to grant a license or permit
under this subsection shall expire September 30,
1998. Not later than September 30, 1997, the Com-
mission shall conduct a public inquiry and submit to
the Congress a report—
562
‘‘(A) describing the methodologies estab-
lished by the Commission pursuant to para-
graphs (3) and (4);
‘‘(B) comparing the relative advantages
and disadvantages of such methodologies in
terms of attaining the objectives described in
such paragraphs;
‘‘(C) evaluating the extent to which such
methodologies have secured prompt delivery of
service to rural areas; and
‘‘(D) containing a statement of the reve-
nues obtained, and a projection of the future
revenues, from the use of competitive bidding
systems under this subsection.’’.
SEC. 5204. CONFORMING AMENDMENTS.
Section 309 of the Communications Act of 1934 is
further amended—
(1) by striking subsection (i)(1) and inserting
the following:
‘‘(i) RANDOM SELECTION.—
‘‘(1) GENERAL AUTHORITY.—If—
‘‘(A) there is more than one application for
any initial license or construction permit which
will involve a use of the electromagnetic spec-
trum; and
563
‘‘(B) the Commission has determined that
the use is not described in subsection (j)(2)(A);
then the Commission shall have the authority to
grant such license or permit to a qualified applicant
through the use of a system of random selection.’’;
(2) in paragraph (2)—
(A) by indenting paragraph (2), including
subparagraphs (A) through (C), by an addi-
tional 2 em spaces; and
(B) by inserting ‘‘DETERMINATIONS
OF
QUALIFICATIONS.—’’ after ‘‘(2)’’;
(3) in paragraph (3)—
(A) by indenting subparagraphs (A) and
(B), and so much of subparagraph (C) as pre-
cedes clause (i), by an additional 2 em spaces;
(B) by indenting clauses (i) and (ii) of sub-
paragraph (C) by an additional 4 em spaces;
and
(C) by inserting ‘‘PREFERENCES; DIVER-
SITY.—’’ after ‘‘(3)’’;
(4) in paragraph (4)—
(A) by indenting subparagraphs (A) and
(B) of such paragraph by an additional 2 em
spaces;
564
(B) by inserting ‘‘RULEMAKING SCHEDULE
AND AUTHORITY.—’’ after ‘‘(4)’’; and
(C) by adding at the end the following new
subparagraph:
‘‘(C) Not later than 180 days after the date of
enactment of this subparagraph, the Commission
shall 
prescribe 
such 
transfer 
disclosures 
and
antitrafficking restrictions and payment schedules as
are necessary to prevent the unjust enrichment of
recipients of licenses or permits as a result of the
methods employed to issue licenses under this sub-
section.’’.
SEC. 5205. REGULATORY PARITY.
(a) AMENDMENT.—Section 332 of the Communica-
tions Act of 1934 (47 U.S.C. 332) is amended—
(1) by striking ‘‘PRIVATE LAND’’ from the head-
ing of the section; and
(2) by amending striking subsection (c) and in-
serting the following:
‘‘(c) REGULATORY TREATMENT OF MOBILE SERV-
ICES.—
‘‘(1) COMMON CARRIER TREATMENT OF COM-
MERCIAL MOBILE SERVICES.—(A) A person engaged
in the provision of commercial mobile services shall,
insofar as such person is so engaged, be treated as
565
a common carrier for purposes of this Act, except
for such provisions of title II as the Commission
may, consistent with the public interest, specify as
inapplicable by rule. In prescribing any such rule,
the Commission may not specify section 201, 202, or
208, or any other provision that the Commission de-
termines to be necessary in order to ensure that the
charges, practices, classifications, or regulations for
or in connection with commercial mobile services are
just and reasonable and are not unjustly or unrea-
sonably discriminatory or is otherwise in the public
interest.
‘‘(B) Upon reasonable request of any person
providing commercial mobile service, the Commission
shall order a common carrier to establish physical
connections with such service pursuant to the provi-
sions of section 201 of this Act. Except to the extent
that the Commission is required to respond to such
a request, this subparagraph shall not be construed
as a limitation or expansion of the Commission’s au-
thority to order interconnection pursuant to this
Act.
‘‘(2) NONCOMMON
CARRIER
TREATMENT
OF
PRIVATE
LAND
MOBILE
SERVICES.—A person en-
gaged in private land mobile service shall not, inso-
566
far as such person is so engaged, be treated as a
common carrier for any purpose under this Act. A
common carrier (other than a person that was treat-
ed as provider of private land mobile services prior
to the enactment of the Licensing Improvement Act
of 1993) shall not provide any dispatch service on
any frequency allocated for common carrier service,
except to the extent such dispatch service is provided
on stations licensed in the domestic public land mo-
bile radio service before January 1, 1982. The Com-
mission may by regulation terminate, in whole or in
part, the prohibition contained in the preceding sen-
tence if the Commission determines that such termi-
nation will serve the public interest.
‘‘(3) STATE
AUTHORITY
TO
REGULATE.—(A)
Notwithstanding sections 2(b) and 221(b), no State
or local government shall have any authority to im-
pose any rate or entry regulation upon any commer-
cial mobile service or any private land mobile service,
except that this paragraph shall not prohibit a State
from regulating the other terms and conditions of
commercial mobile services.
‘‘(B) Notwithstanding subparagraph (A), a
State may petition the Commission for authority to
regulate the rates for any commercial mobile service
567
and the Commission shall grant such petition if such
State demonstrates that (i) such service is a sub-
stitute for land line telephone exchange service for a
substantial portion of the public within such State,
or (ii) market conditions with respect to such serv-
ices fail to protect subscribers adequately from un-
just and unreasonable rates or rates that are un-
justly or unreasonably discriminatory. The Commis-
sion shall provide reasonable opportunity for public
comment in response to such petition, and shall,
within 9 months after the date of its submission,
grant or deny such petition. If the Commission
grants such petition, the Commission shall authorize
the State to exercise under State law such authority
over rates, for such periods of time, as the Commis-
sion deems necessary to ensure that such rates are
just and reasonable and not unjustly or unreason-
ably discriminatory.
‘‘(4) REGULATORY
TREATMENT
OF
COMMU-
NICATIONS
SATELLITE
CORPORATION.—Nothing in
this subsection shall be construed to alter or affect
the regulatory treatment required by title IV of the
Communications Satellite of 1962 of the corporation
authorized by title III of such Act.
‘‘(d) DEFINITIONS.—For purposes of this section—
568
‘‘(1) the term ‘commercial mobile service’
means all mobile services (as defined in section 3(n))
that—
‘‘(A) are provided for profit (i) to the pub-
lic, (ii) on an indiscriminate basis, or (iii) to
such broad classes of eligible users as to be ef-
fectively available to a substantial portion of the
public; and
‘‘(B) are interconnected (or have requested
interconnection pursuant to paragraph (1)(B))
with the public switched network (as such terms
are defined by regulation by the Commission);
and
‘‘(2) the term ‘private mobile service’ means
any mobile service (as defined in section 3(n)) that
is not a commercial mobile service.’’.
(b) CONFORMING AMENDMENTS.—
(1) AMENDMENTS TO DEFINITIONS.—Section 3
of the Communications Act of 1934 (47 U.S.C. 153)
is amended—
(A) in subsection (n)—
(i) by inserting ‘‘(1)’’ after ‘‘and in-
cludes’’; and
(ii) by inserting before the period at
the end the following: ‘‘, (2) a mobile serv-
569
ice which provides a regularly interacting
group of base, mobile, portable, and associ-
ated control and relay stations (whether li-
censed on an individual, cooperative, or
multiple basis) for private one-way or two-
way land mobile radio communications by
eligible users over designated areas of op-
eration, and (3) any service for which a li-
cense is required in a personal communica-
tions service established pursuant to the
proceeding entitled ‘Amendment of the
Commission’s Rules to Establish New Per-
sonal Communications Services’ (GEN
Docket No. 90–314; ET Docket No. 92–
100), or any successor proceeding’’; and
(B) by striking subsection (gg).
(2) CONFORMING
AMENDMENTS
TO
SECTION
332.—Section 332 of such Act is further amended—
(A) in subsection (a), by inserting after
‘‘(a)’’ the following: ‘‘MANAGEMENT
OF PRI-
VATE LAND MOBILE FREQUENCIES.—’’;
(B) in subsection (b)—
(i) by indenting the margin of para-
graphs (2) through (4) by 2 em spaces;
570
(ii) by striking ‘‘(b)(1)’’ and inserting
the following:
‘‘(b) USE OF ADVISORY COMMITTEE.—
‘‘(1) COORDINATION
OF
FREQUENCY
ASSIGN-
MENT.—’’;
(iii) by inserting ‘‘EXEMPTION.—’’
after ‘‘(2)’’;
(iv) by inserting ‘‘NONEMPLOYEE
STATUS.—’’ after ‘‘(3)’’; and
(v) by inserting ‘‘APPLICATION
OF
FEDERAL
ADVISORY
COMMITTEE
ACT.—’’
after ‘‘(4).
SEC. 5206. EFFECTIVE DATES; DEADLINES FOR COMMIS-
SION ACTION.
(a) EFFECTIVE DATES.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by this chapter are
effective on the date of enactment of this Act.
(2) EFFECTIVE
DATE
OF
MOBILE
SERVICE
AMENDMENTS.—The amendments made by section
5205 shall be effective 1 year after such date of en-
actment, except that any person that provides pri-
vate land mobile services before such date of enact-
ment shall continue to be treated as a provider of
571
private land mobile service until 3 years after such
date of enactment.
(b) DEADLINES FOR COMMISSION ACTION.—
(1) 
GENERAL
RULEMAKING.—The 
Federal
Communications Commission shall prescribe rules to
implement section 309(j) of the Communications Act
of 1934 (as added by this chapter) within 210 days
after the date of enactment of this Act.
(2) PCS ORDERS AND LICENSING.—The Com-
mission shall—
(A) within 180 days after such date of en-
actment, issue a final report and order (i) in
the matter entitled ‘‘Redevelopment of Spec-
trum to Encourage Innovation in the Use of
New Telecommunications Technologies’’ (ET
Docket No. 92–9); and (ii) in the matter enti-
tled ‘‘Amendment of the Commission’s Rules to
Establish New Personal Communications Serv-
ices’’ (GEN Docket No. 90–314; ET Docket
No. 92–100); and
(B) within 270 days after such date of en-
actment, commence issuing licenses and permits
in the personal communications service.
(3) 
MOBILE
SERVICE
RULEMAKING
RE-
QUIRED.—Within 1 year after the date of enactment
572
of this Act, the Federal Communications Commis-
sion shall—
(A) issue such modifications or termi-
nations of its regulations concerning private
land mobile services as are necessary to imple-
ment the amendments made by section 5205;
(B) make such other modifications of such
regulations as may be necessary to equalize the
regulatory treatment of providers of all com-
mercial mobile services that offer services that
are substantially similar; and
(C) include in such modifications and ter-
minations such provisions as are necessary to
provide for an orderly transition to the regu-
latory treatment required by such amendments.
(c) SPECIAL RULE.—The Federal Communications
Commission shall not issue any license or permit pursuant
to section 309(i) of the Communications Act of 1934 after
the date of enactment of this Act unless the Commission
has made the determination required by paragraph (1)(B)
of such section (as added by this chapter).
573
CHAPTER 2—EMERGING
TELECOMMUNICATIONS TECHNOLOGIES
SEC. 5221. SHORT TITLE.
This chapter may be cited as the ‘‘Emerging Tele-
communications Technologies Act of 1993’’.
SEC. 5222. AMENDMENT TO THE NATIONAL TELECOMMUNI-
CATIONS AND INFORMATION ADMINISTRA-
TION ORGANIZATION ACT.
The National Telecommunications and Information
Administration Organization Act is amended—
(1) by striking the heading of part B and in-
serting the following:
‘‘PART D—SPECIAL AND TEMPORARY
PROVISIONS’’;
(2) by redesignating sections 131 through 135
as sections 151 through 155, respectively; and
(3) by inserting after part A the following new
part:
‘‘PART B—EMERGING TELECOMMUNICATIONS
TECHNOLOGIES
‘‘SEC. 111. FINDINGS.
‘‘The Congress finds that—
‘‘(1) the Federal Government currently reserves
for its own use, or has priority of access to, approxi-
mately 40 percent of the electromagnetic spectrum
575
‘‘(7) the Secretary of Commerce, the President,
and the Federal Communications Commission should
be directed to take appropriate steps to correct these
deficiencies.
‘‘SEC. 112. NATIONAL SPECTRUM PLANNING.
‘‘(a) PLANNING ACTIVITIES.—The Assistant Sec-
retary and the Chairman of the Commission shall meet,
at least biannually, to conduct joint spectrum planning
with respect to the following issues—
‘‘(1) the future spectrum requirements for pub-
lic and private uses, including State and local gov-
ernment public safety agencies;
‘‘(2) the spectrum allocation actions necessary
to accommodate those uses; and
‘‘(3) actions necessary to promote the efficient
use of the spectrum, including spectrum manage-
ment techniques to promote increased shared use of
the spectrum that does not cause harmful inter-
ference as a means of increasing commercial access.
‘‘(b) REPORTS.—The Assistant Secretary and the
Chairman of the Commission shall submit a joint annual
report to the Committee on Energy and Commerce of the
House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, the Secretary,
and the Commission on the joint spectrum planning activi-
576
ties conducted under subsection (a) and recommendations
for action developed pursuant to such activities.
‘‘(c) REPORTING REQUIREMENTS.—The first annual
report submitted after the date of the report by the advi-
sory committee under section 113(d)(4) shall—
‘‘(1) include an analysis of and response to that
committee report; and
‘‘(2) include an analysis of the effect on spec-
trum efficiency and the cost of equipment to Federal
spectrum users of maintaining separate allocations
for Federal Government and non-Federal Govern-
ment licensees for the same or similar services.
‘‘SEC. 
113. 
IDENTIFICATION 
OF 
REALLOCABLE 
FRE-
QUENCIES.
‘‘(a) IDENTIFICATION REQUIRED.—The Secretary
shall, within 24 months after the date of the enactment
of this part, prepare and submit to the President and the
Congress a report identifying bands of frequencies that—
‘‘(1) are allocated on a primary basis for Fed-
eral Government use and eligible for licensing pursu-
ant to section 305(a) of the Act (47 U.S.C. 305(a));
‘‘(2) are not required for the present or identifi-
able future needs of the Federal Government;
‘‘(3) can feasibly be made available, as of the
date of submission of the report or at any time dur-
577
ing the next 15 years, for use under the Act (other
than for Federal Government stations under such
section 305);
‘‘(4) will not result in costs to the Federal Gov-
ernment, or losses of services or benefits to the pub-
lic, that are excessive in relation to the benefits that
may be obtained by non-Federal licensees; and
‘‘(5) are most likely to have the greatest poten-
tial for productive uses and public benefits under the
Act.
‘‘(b) MINIMUM
AMOUNT
OF
SPECTRUM
REC-
OMMENDED.—
‘‘(1) IN
GENERAL.—Based on the report re-
quired by subsection (a), the Secretary shall rec-
ommend for reallocation, for use other than by Fed-
eral Government stations under section 305 of the
Act (47 U.S.C. 305), bands of frequencies that span
a total of not less than 200 megahertz, that are lo-
cated below 6 gigahertz, and that meet the criteria
specified in paragraphs (1) through (4) of subsection
(a). The Secretary may not include, in such 200
megahertz, bands of frequencies that span more
than 20 megahertz and that are located between 5
and 6 gigahertz. If the report identifies (as meeting
such criteria) bands of frequencies spanning more
578
than 200 megahertz, the report shall identify and
recommend for reallocation those bands (spanning
not less than 200 megahertz) that meet the criteria
specified in paragraph (5) of such subsection.
‘‘(2) MIXED USES PERMITTED TO BE COUNT-
ED.—Bands of frequencies which the Secretary’s re-
port recommends be partially retained for use by
Federal Government stations, but which are also
recommended to be reallocated to be made available
under the Act for use by non-Federal stations, may
be counted toward the minimum spectrum required
by paragraph (1) of this subsection, except that—
‘‘(A) the bands of frequencies counted
under this paragraph may not count toward
more than one-half of the minimum required by
paragraph (1) of this subsection;
‘‘(B) a band of frequencies may not be
counted under this paragraph unless the assign-
ments of the band to Federal Government sta-
tions under section 305 of the Act (47 U.S.C.
305) are limited by geographic area, by time, or
by other means so as to guarantee that the po-
tential use to be made by such Federal Govern-
ment stations is substantially less (as measured
by geographic area, time, or otherwise) than the
579
potential use to be made by non-Federal
stations; and
‘‘(C) the operational sharing permitted
under this paragraph shall be subject to coordi-
nation procedures which the Commission shall
establish and implement to ensure against
harmful interference.
‘‘(c) CRITERIA FOR IDENTIFICATION.—
‘‘(1) NEEDS OF THE FEDERAL GOVERNMENT.—
In determining whether a band of frequencies meets
the criteria specified in subsection (a)(2), the Sec-
retary shall—
‘‘(A) consider whether the band of fre-
quencies is used to provide a communications
service that is or could be available from a com-
mercial carrier or other vendor;
‘‘(B) seek to promote—
‘‘(i) the maximum practicable reliance
on commercially available substitutes;
‘‘(ii) the sharing of frequencies (as
permitted under subsection (b)(2));
‘‘(iii) the development and use of new
communications technologies; and
‘‘(iv) the use of nonradiating commu-
nications systems where practicable; and
580
‘‘(C) seek to avoid—
‘‘(i) serious degradation of Federal
Government services and operations; and
‘‘(ii) excessive costs to the Federal
Government and users of Federal Govern-
ment services.
‘‘(2) FEASIBILITY
OF
USE.—In determining
whether a frequency band meets the criteria speci-
fied in subsection (a)(3), the Secretary shall—
‘‘(A) assume such frequencies will be as-
signed by the Commission under section 303 of
the Act (47 U.S.C. 303) over the course of not
less than 15 years;
‘‘(B) assume reasonable rates of scientific
progress and growth of demand for tele-
communications services;
‘‘(C) determine the extent to which the
reallocation or reassignment will relieve actual
or potential scarcity of frequencies available for
licensing by the Commission for non-Federal
use;
‘‘(D) seek to include frequencies which can
be used to stimulate the development of new
technologies; and
581
‘‘(E) consider the immediate and recurring
costs to reestablish services displaced by the
reallocation of spectrum.
‘‘(3) ANALYSIS OF BENEFITS.—In determining
whether a band of frequencies meets the criteria
specified in subsection (a)(4), the Secretary shall
consider—
‘‘(A) the extent to which equipment is or
will be available that is capable of utilizing the
band;
‘‘(B) the proximity of frequencies that are
already assigned for commercial or other non-
Federal use; and
‘‘(C) the activities of foreign governments
in making frequencies available for experimen-
tation or commercial assignments in order to
support their domestic manufacturers of equip-
ment.
‘‘(4) POWER AGENCY FREQUENCIES.—
‘‘(A) ELIGIBLE FOR MIXED USE ONLY.—
The frequencies assigned to any Federal power
agency may only be eligible for mixed use under
subsection (b)(2) in geographically separate
areas and shall not be recommended for the
purposes of withdrawing that assignment. In
582
any case where a frequency is to be shared by
an affected Federal power agency and a non-
Federal user, such use by the non-Federal user
shall, consistent with the procedures established
under subsection (b)(2)(C), not cause harmful
interference to the affected Federal power agen-
cy or adversely affect the reliability of its power
system.
‘‘(B) DEFINITION.—As used in this para-
graph, the term ‘Federal power agency’ means
the Tennessee Valley Authority, the Bonneville
Power Administration, the Western Area Power
Administration,
or
the
Southwestern
Power
Administration.
‘‘(d) 
PROCEDURE
FOR
IDENTIFICATION
OF
REALLOCABLE BANDS OF FREQUENCIES.—
‘‘(1) SUBMISSION OF PRELIMINARY IDENTIFICA-
TION TO CONGRESS.—Within 12 months after the
date of the enactment of this part, the Secretary
shall prepare and submit to the Congress a report
which 
makes 
a 
preliminary 
identification 
of
reallocable bands of frequencies which meet the cri-
teria established by this section.
‘‘(2) CONVENING OF ADVISORY COMMITTEE.—
Not later than the date the Secretary submits the
583
report required by paragraph (1), the Secretary shall
convene an advisory committee to—
‘‘(A) review the bands of frequencies iden-
tified in such report;
‘‘(B) advise the Secretary with respect to
(i) the bands of frequencies which should be in-
cluded in the final report required by subsection
(a), and (ii) the effective dates which should be
established under subsection (e) with respect to
such frequencies;
‘‘(C) receive public comment on the Sec-
retary’s report and on the final report; and
‘‘(D) prepare and submit the report re-
quired by paragraph (4).
The advisory committee shall meet at least monthly
until each of the actions required by section 114(a)
have taken place.
‘‘(3) COMPOSITION
OF
COMMITTEE; CHAIR-
MAN.—The advisory committee shall include—
‘‘(A) the Chairman of the Commission and
the Assistant Secretary, and one other rep-
resentative of the Federal Government as des-
ignated by the Secretary; and
‘‘(B) representatives of—
584
‘‘(i) United States manufacturers of
spectrum-dependent 
telecommunications
equipment;
‘‘(ii) commercial carriers;
‘‘(iii) other users of the electro-
magnetic spectrum, including radio and
television broadcast licensees, State and
local public safety agencies, and the avia-
tion industry; and
‘‘(iv) other interested members of the
public who are knowledgeable about the
uses of the electromagnetic spectrum.
A majority of the members of the committee shall be
members described in subparagraph (B), and one of
such members shall be designated as chairman by
the Secretary.
‘‘(4) RECOMMENDATIONS ON SPECTRUM ALLO-
CATION
PROCEDURES.—The advisory committee
shall, not later than 36 months after the date of the
enactment of this part, submit to the Secretary, the
Commission, the Committee on Energy and Com-
merce of the House of Representatives, and the
Committee on Commerce, Science, and Transpor-
tation of the Senate, a report containing such rec-
ommendations as the advisory committee considers
585
appropriate for the reform of the process of allocat-
ing the electromagnetic spectrum between Federal
and non-Federal use, and any dissenting views
thereon.
‘‘(e) TIMETABLE FOR REALLOCATION AND LIMITA-
TION.—
‘‘(1) TIMETABLE
REQUIRED.—The Secretary
shall, as part of the report required by subsection
(a), include a timetable that recommends immediate
and delayed effective dates by which the President
shall withdraw or limit assignments on the fre-
quencies specified in the report.
‘‘(2) EXPEDITED REALLOCATION OF INITIAL 30
MHZ PERMITTED.—The Secretary may prepare and
submit to the President a report which specifically
identifies an initial 30 megahertz of spectrum that
meets the criteria described in subsection (a) and
that can be made available for reallocation imme-
diately upon issuance of the report required by this
section.
‘‘(3) DELAYED
EFFECTIVE
DATE.—The rec-
ommended delayed effective dates shall—
‘‘(A) 
permit 
the 
earliest 
possible
reallocation of the frequency bands, taking into
account the requirements of section 115(1);
586
‘‘(B) be based on the useful remaining life
of equipment that has been purchased or con-
tracted for to operate on identified frequencies;
‘‘(C) be based on the need to coordinate
frequency use with other nations; and
‘‘(D) take into account the relationship be-
tween the costs to the Federal Government of
changing to different frequencies and the bene-
fits that may be obtained from commercial and
other non-Federal uses of the reassigned fre-
quencies.
‘‘SEC. 114. WITHDRAWAL OF ASSIGNMENT TO FEDERAL
GOVERNMENT STATIONS.
‘‘(a) IN GENERAL.—The President shall—
‘‘(1) within 6 months after receipt of the Sec-
retary’s report under section 113(a), withdraw the
assignment to a Federal Government station of any
frequency which the report recommends for imme-
diate reallocation;
‘‘(2) within such 6-month period, limit the as-
signment to a Federal Government station of any
frequency which the report recommends be made im-
mediately available for mixed use under section
113(b)(2);
587
‘‘(3) by the delayed effective date recommended
by the Secretary under section 113(e) (except as
provided in subsection (b)(4) of this section), with-
draw or limit the assignment to a Federal Govern-
ment station of any frequency which the report rec-
ommends be reallocated or made available for mixed
use on such delayed effective date;
‘‘(4) assign or reassign other frequencies to
Federal Government stations as necessary to adjust
to such withdrawal or limitation of assignments; and
‘‘(5) transmit a notice and description to the
Commission and each House of Congress of the
actions taken under this subsection.
‘‘(b) EXCEPTIONS.—
‘‘(1) AUTHORITY
TO
SUBSTITUTE.—If the
President determines that a circumstance described
in paragraph (2) exists, the President—
‘‘(A) may substitute an alternative fre-
quency or band of frequencies for the frequency
or band that is subject to such determination
and withdraw (or limit) the assignment of that
alternative frequency or band in the manner re-
quired by subsection (a); and
‘‘(B) shall submit a statement of the rea-
sons for taking the action described in subpara-
588
graph (A) to the Committee on Energy and
Commerce of the House of Representatives and
the Committee on Commerce, Science, and
Transportation of the Senate.
‘‘(2) GROUNDS FOR SUBSTITUTION.—For pur-
poses of paragraph (1), the following circumstances
are described in this paragraph:
‘‘(A) the reassignment would seriously
jeopardize the national defense interests of the
United States;
‘‘(B) the frequency proposed for reassign-
ment is uniquely suited to meeting important
governmental needs;
‘‘(C) the reassignment would seriously
jeopardize public health or safety; or
‘‘(D) the reassignment will result in costs
to the Federal Government that are excessive in
relation to the benefits that may be obtained
from commercial or other non-Federal uses of
the reassigned frequency.
‘‘(3) 
CRITERIA
FOR
SUBSTITUTED
FRE-
QUENCIES.—For purposes of paragraph (1), a fre-
quency may not be substituted for a frequency iden-
tified by the report of the Secretary under section
589
113(a) unless the substituted frequency also meets
each of the criteria specified by section 113(a).
‘‘(4) DELAYS
IN
IMPLEMENTATION.—If the
President determines that any action cannot be com-
pleted by the delayed effective date recommended by
the Secretary pursuant to section 113(e), or that
such an action by such date would result in a fre-
quency being unused as a consequence of the Com-
mission’s plan under section 115, the President
may—
‘‘(A) withdraw or limit the assignment to
Federal Government stations on a later date
that is consistent with such plan, except that
the President shall notify each committee speci-
fied in paragraph (1)(B) and the Commission
of the reason that withdrawal or limitation at
a later date is required; or
‘‘(B) substitute alternative frequencies pur-
suant to the provisions of this subsection.
‘‘(c) LIMITATION ON DELEGATION.—Notwithstand-
ing any other provision of law, the authorities and duties
established by this section may not be delegated.
590
‘‘SEC. 115. DISTRIBUTION OF FREQUENCIES BY THE COM-
MISSION.
‘‘Not later than 1 year after the President notifies
the Commission pursuant to section 114(a)(5), the Com-
mission shall prepare, in consultation with the Assistant
Secretary when necessary, and submit to the President
and the Congress, a plan for the distribution under the
Act of the frequency bands reallocated pursuant to the
requirements of this part. Such plan shall—
‘‘(1) not propose the immediate distribution of
all such frequencies, but, taking into account the
timetable recommended by the Secretary pursuant to
section 113(e), shall propose—
‘‘(A) gradually to distribute the frequencies
remaining, after making the reservation re-
quired by subparagraph (B), over the course of
a period of not less than 10 years beginning on
the date of submission of such plan; and
‘‘(B) to reserve a significant portion of
such frequencies for distribution beginning after
the end of such 10-year period;
‘‘(2) contain appropriate provisions to ensure—
‘‘(A) the availability of frequencies for new
technologies and services in accordance with the
policies of section 7 of the Act (47 U.S.C. 157);
and
591
‘‘(B) the availability of frequencies to stim-
ulate the development of such technologies;
‘‘(3) address (A) the feasibility of reallocating
spectrum from current commercial and other non-
Federal uses to provide for more efficient use of the
spectrum, and (B) innovation and marketplace de-
velopments that may affect the relative efficiencies
of different spectrum allocations; and
‘‘(4) not prevent the Commission from allocat-
ing bands of frequencies for specific uses in future
rulemaking proceedings.
‘‘SEC. 116. AUTHORITY TO RECOVER REASSIGNED FRE-
QUENCIES.
‘‘(a) AUTHORITY OF PRESIDENT.—Subsequent to the
withdrawal of assignment to Federal Government stations
pursuant to section 114, the President may reclaim reas-
signed frequencies for reassignment to Federal Govern-
ment stations in accordance with this section.
‘‘(b) 
PROCEDURE
FOR
RECLAIMING
FRE-
QUENCIES.—
‘‘(1) UNALLOCATED FREQUENCIES.—If the fre-
quencies to be reclaimed have not been allocated or
assigned by the Commission pursuant to the Act,
the President shall follow the procedures for substi-
592
tution of frequencies established by section 114(b) of
this part.
‘‘(2) ALLOCATED
FREQUENCIES.—If the fre-
quencies to be reclaimed have been allocated or as-
signed by the Commission, the President shall follow
the procedures for substitution of frequencies estab-
lished by section 114(b) of this part, except that the
notification required by section 114(b)(1)(A) shall
include—
‘‘(A) a timetable to accommodate an or-
derly transition for licensees to obtain new fre-
quencies and equipment necessary for its utili-
zation; and
‘‘(B) an estimate of the cost of displacing
spectrum users licensed by the Commission.
‘‘(c) COSTS OF RECLAIMING FREQUENCIES; APPRO-
PRIATIONS AUTHORIZED.—The Federal Government shall
bear all costs of reclaiming frequencies pursuant to this
section, including the cost of equipment which is rendered
unusable, the cost of relocating operations to a different
frequency band, and any other costs that are directly at-
tributable to the reclaiming of the frequency pursuant to
this section. There are authorized to be appropriated such
sums as may be necessary to carry out the purposes of
this section.
593
‘‘(d) EFFECTIVE
DATE
OF
RECLAIMED
FRE-
QUENCIES.—The Commission shall not withdraw licenses
for any reclaimed frequencies until the end of the fiscal
year following the fiscal year in which the President’s noti-
fication is received.
‘‘(e) EFFECT ON OTHER LAW.—Nothing in this sec-
tion shall be construed to limit or otherwise affect the au-
thority of the President under sections 305 and 706 of
the Act (47 U.S.C. 305, 606).
‘‘SEC. 117. DEFINITIONS.
‘‘As used in this part:
‘‘(1) The term ‘allocation’ means an entry in
the National Table of Frequency Allocations of a
given frequency band for the purpose of its use by
one or more radiocommunication services.
‘‘(2) The term ‘assignment’ means an author-
ization given to a station licensee to use specific fre-
quencies or channels.
‘‘(3) The term ‘commercial carrier’ means any
entity that uses a facility licensed by the Federal
Communications Commission pursuant to the Com-
munications Act of 1934 for hire or for its own use,
but does not include Federal Government stations
licensed pursuant to section 305 of the Act (47
U.S.C. 305).
594
‘‘(4) The term ‘the Act’ means the Communica-
tions Act of 1934 (47 U.S.C. 151 et seq.).’’.
CHAPTER 3—COMMUNICATIONS
TECHNICAL AMENDMENTS
SEC. 5241. CLERICAL CORRECTIONS.
(a) AMENDMENTS TO THE COMMUNICATIONS ACT OF
1934.—The Communications Act of 1934 is amended—
(1) in section 4(f)(3), by striking ‘‘overtime ex-
ceeds beyond’’ and inserting ‘‘overtime extends be-
yond’’;
(2) in section 5, by redesignating subsection (f)
as subsection (e);
(3) in section 220(b), by striking ‘‘clasess’’ and
inserting ‘‘classes’’;
(4) in section 223(b)(3), by striking ‘‘defendant
restrict access’’ and inserting ‘‘defendant restricted
access’’;
(5) in section 226(d), by striking paragraph (2)
and redesignating paragraphs (3) and (4) as para-
graphs (2) and (3), respectively;
(6) in section 227(e)(2), by striking ‘‘national
datebase’’ and inserting ‘‘national database’’;
(7) in section 228(c)(6)(D), by striking ‘‘con-
servation’’ and inserting ‘‘conversation’’;
595
(8) in section 308(c), by striking ‘‘May 24,
1921’’ and inserting ‘‘May 27, 1921’’;
(9) in section 331, by amending the heading of
such section to read as follows:
‘‘VERY HIGH FREQUENCY STATIONS AND AM RADIO
STATIONS’’;
(10) in section 358, by striking ‘‘(a)’’;
(11) in part III of title III—
(A) by inserting before section 381 the fol-
lowing heading:
‘‘VESSELS TRANSPORTING MORE THAN SIX PASSENGERS
FOR HIRE REQUIRED TO BE EQUIPPED WITH RADIO
TELEPHONE’’;
(B) by inserting before section 382 the fol-
lowing heading:
‘‘VESSELS EXCEPTED FROM RADIO TELEPHONE
REQUIREMENT’’;
(C) by inserting before section 383 the fol-
lowing heading:
‘‘EXEMPTIONS BY COMMISSION’’;
(D) by inserting before section 384 the fol-
lowing heading:
‘‘AUTHORITY OF COMMISSION; OPERATIONS,
INSTALLATIONS, AND ADDITIONAL EQUIPMENT’’;
(E) by inserting before section 385 the fol-
lowing heading:
596
‘‘INSPECTIONS’’; and
(F) by inserting before section 386 the fol-
lowing heading:
‘‘FORFEITURES’’;
(12) in section 410(c), by striking ‘‘, as referred
to in sections 202(b) and 205(f) of the Interstate
Commerce Act,’’;
(13) in section 705(e)(3)(A), by striking ‘‘para-
graph (4) of subsection (d)’’ and inserting ‘‘para-
graph (4) of this subsection’’;
(14) in section 705, by redesignating sub-
sections (f) and (g) (as added by Public Law 100–
667) as subsections (g) and (h); and
(15) in section 705(h) (as so redesignated), by
striking ‘‘subsection (f)’’ and inserting ‘‘subsection
(g)’’.
(b) AMENDMENTS TO THE COMMUNICATIONS SAT-
ELLITE ACT OF 1962.—The Communications Satellite Act
of 1962 is amended—
(1) in section 303(a)—
(A) by striking ‘‘section 27(d)’’ and insert-
ing ‘‘section 327(d)’’;
(B) by striking ‘‘sec. 29–911(d)’’ and in-
serting ‘‘sec. 29–327(d)’’;
(C) by striking ‘‘section 36’’ and inserting
‘‘section 336’’; and
597
(D) by striking ‘‘sec. 29–916d’’ and insert-
ing ‘‘sec. 29–336(d)’’;
(2) in section 304(d), by striking ‘‘paragraphs
(1), (2), (3), (4), and (5) of section 310(a)’’ and in-
serting ‘‘subsection (a) and paragraphs (1) through
(4) of subsection (b) of section 310’’; and
(3) in section 304(e)—
(A) by striking ‘‘section 45(b)’’ and insert-
ing ‘‘section 345(b)’’; and
(B) by striking ‘‘sec. 29–920(b)’’ and in-
serting ‘‘sec. 29–345(b)’’; and
(4) in sections 502(b) and 503(a)(1), by strik-
ing ‘‘Communications Satellite Corporation’’ and in-
serting ‘‘communications satellite corporation estab-
lished pursuant to title III of this Act’’.
(c) CONFORMING AMENDMENT.—Section 1253 of the
Omnibus Budget Reconciliation Act of 1981 is repealed.
SEC. 5242. TRANSFER OF PROVISIONS OF LAW CONCERN-
ING PUBLIC TELECOMMUNICATIONS FACILI-
TIES, 
CHILDREN’S 
EDUCATIONAL 
TELE-
VISION, AND TELECOMMUNICATIONS DEM-
ONSTRATION PROGRAM.
(a) AMENDMENTS.—The Communications Act of
1934 (hereinafter in this section referred to as ‘‘the 1934
Act’’) and the National Telecommunications and Informa-
598
tion Administration Organization Act (hereinafter in this
section referred to as ‘‘the NTIAO Act’’) are amended as
follows:
(1) The NTIAO Act is amended by inserting
after part B (as added by chapter 2 of this subtitle)
a new part C, the heading of which shall be as fol-
lows:
‘‘PART 
C—ASSISTANCE 
FOR 
PUBLIC 
TELE-
COMMUNICATIONS FACILITIES; CHILDREN’S
EDUCATIONAL TELEVISION; TELECOMMUNI-
CATIONS DEMONSTRATIONS’’;
(2) Sections 390, 391, 392, 393, 393A, 394,
and 395 of the 1934 Act are transferred to such
new part C of the NTIAO Act and are redesignated
as sections 121, 122, 123, 124, 125, 131, and 135,
respectively, of the NTIAO Act.
(3) Such new part C of the NTIAO Act is
amended—
(A) by inserting before section 121 the fol-
lowing:
‘‘Subpart 1—Assistance for Public
Telecommunications Facilities’’ and;
(B) by inserting before section 131 the fol-
lowing:
599
‘‘Subpart 2—National Endowment for Children’s
Television’’ and;
(C) by inserting before section 135 the fol-
lowing:
‘‘Subpart 3—Telecommunications Demonstrations’’.
(4) Section 125 of the NTIAO Act (as added
by paragraph (2) of this subsection) is amended by
striking ‘‘section 390’’ and inserting ‘‘section 121’’.
(5) Each of such sections 121 through 135 is
amended so that the section designation and section
heading of each such shall be in the form and type-
face of the section designation and section heading
of this section.
(b) CONFORMING AMENDMENT TO COMMUNICATIONS
ACT OF 1934.—Part IV of title III of the 1934 Act is
amended by striking out subparts A, B, and C.
(c) REFERENCES
IN OTHER LAWS
AND DOCU-
MENTS.—Any reference to any section or other provision
of subpart A, B, or C of part IV of title III of the 1934
Act in any law, rule, regulation, certificate, directive, in-
struction, or other official paper in force on the date of
enactment of this section shall be deemed to refer to the
section or other provision of subpart 1, 2, or 3 of part
C of the NTIAO Act to which such section or other provi-
sion is transferred by this section.
600
SEC. 5243. ELIMINATION OF EXPIRED AND OUTDATED PRO-
VISIONS.
(a) AMENDMENTS TO THE COMMUNICATIONS ACT OF
1934.—The Communications Act of 1934 is amended—
(1) in section 7(b), by striking ‘‘or twelve
months after the date of the enactment of this sec-
tion, if later’’ both places it appears;
(2) in section 212, by striking ‘‘After sixty days
from the enactment of this Act it shall’’ and insert-
ing ‘‘It shall’’;
(3) in section 213, by striking subsection (g)
and redesignating subsection (h) as subsection (g);
(4) in section 214(a), by striking ‘‘section 221
or 222’’ and inserting ‘‘section 221’’;
(5) in section 220(b), by striking ‘‘, as soon as
practicable,’’;
(6) in section 222—
(A) by striking paragraph (1) of subsection
(a);
(B) by redesignating paragraphs (2) and
(3) of such subsection as paragraphs (1) and
(2), respectively;
(C) by striking paragraph (2) of subsection
(b);
(D) by redesignating subsection (b)(1) as
subsection (b); and
601
(E) by striking subsections (c), (d), and
(e);
(7) in section 224(b)(2), by striking ‘‘Within
180 days from the date of enactment of this section
the Commission’’ and inserting ‘‘The Commission’’;
(8) in 226(e)(1), by striking ‘‘, within 9 months
after the date of enactment of this section,’’;
(9) in section 309(i)(4)(A), by striking ‘‘The
commission, not later than 180 days after the date
of the enactment of the Communications Technical
Amendments Act of 1982, shall,’’ and inserting
‘‘The Commission shall,’’;
(10) by striking section 328;
(11) in section 331(b), by striking the last sen-
tence;
(12) in section 413, by striking ‘‘, within sixty
days after the taking effect of this Act,’’;
(13) in section 624(d)(2)—
(A) by striking out ‘‘(A)’’;
(B) by inserting ‘‘of’’ after ‘‘restrict the
viewing’’; and
(C) by striking subparagraph (B);
(14) by striking sections 702 and 703;
(15) in section 704—
602
(A) by striking subsections (b) and (d);
and
(B) by redesignating subsection (c) as sub-
section (b);
(16) in section 705(g) (as redesignated by sec-
tion 5211(15)), by striking ‘‘Within 6 months after
the date of enactment of the Satellite Home Viewer
Act of 1988, the Federal Communications Commis-
sion’’ and inserting ‘‘The Commission’’;
(17) in section 710(f)—
(A) by striking the first and second sen-
tences; and
(B) in the third sentence, by striking
‘‘Thereafter, the Commission’’ and inserting
‘‘The Commission’’;
(18) in section 712(a), by striking ‘‘, within
120 days after the effective date of the Satellite
Home Viewer Act of 1988,’’; and
(19) by striking section 713.
(b) AMENDMENTS TO THE COMMUNICATIONS SAT-
ELLITE ACT OF 1962.—The Communications Satellite Act
of 1962 is amended—
(1) in section 201(a)(1), by striking ‘‘as expedi-
tiously as possible,’’;
603
(2) by striking sections 301 and 302 and insert-
ing the following:
‘‘SEC. 301. CREATION OF CORPORATION.
‘‘There is authorized to be created a communications
satellite corporation for profit which will not be an agency
or establishment of the United States Government.
‘‘SEC. 302. APPLICABLE LAWS.
‘‘The corporation shall be subject to the provisions
of this Act and, to the extent consistent with this Act,
to the District of Columbia Business Corporation Act. The
right to repeal, alter, or amend this Act at any time is
expressly reserved.’’;
(3) in section 304(a), by striking ‘‘at a price
not in excess of $100 for each share and’’;
(4) in section 404—
(A) by striking subsections (a) and (c);
and
(B) by striking ‘‘(b)’’ at the beginning of
subsection (b);
(5) in section 503—
(A) by striking paragraph (2) of subsection
(a); and
(B) by redesignating paragraph (3) of sub-
section (a) as paragraph (2) of such subsection;
(C) by striking subsection (b);
604
(D) in subsection (g)—
(i) by striking ‘‘subsection (c)(3)’’ and
inserting ‘‘subsection (b)(3)’’; and
(ii) by striking the last sentence; and
(E) 
by 
redesignating 
subsections 
(c)
through (h) as subsections (b) through (g),
respectively;
(5) by striking sections 505, 506, and 507; and
(6) by redesignating section 508 as section 505.
SEC. 5244. STYLISTIC CONSISTENCY.
The Communications Act of 1934 and the Commu-
nications Satellite Act of 1962 are amended so that the
section designation and section heading of each section of
such Acts shall be in the form and typeface of the section
designation and heading of this section.
Subtitle D—Energy Programs
SEC. 5301. NUCLEAR REGULATORY COMMISSION ANNUAL
CHARGES.
Section 6101(a)(3) of the Omnibus Budget Reconcili-
ation Act of 1990 (42 U.S.C. 2214(a)(3)) is amended by
striking ‘‘September 30, 1995’’ and inserting ‘‘September
30, 1998’’.
605
TITLE VI—COMMITTEE ON
FOREIGN AFFAIRS
In order to implement its reconciliation instructions,
the Committee on Foreign Affairs recommends changes
in law that are also recommended by the Committee on
Post Office and Civil Service. These changes in law, which
are contained in title X of this Act, would reduce direct
spending under the Foreign Service Retirement and Dis-
ability Fund and the Foreign Service Pension System by
requiring a 3-month delay in cost-of-living adjustments in
each of the fiscal years 1994, 1995, and 1996.
TITLE VII—COMMITTEE ON THE
JUDICIARY
SEC. 7001. PATENT AND TRADEMARK FEES.
Section 10101 of the Omnibus Budget Reconciliation
Act of 1990 (35 U.S.C. 41 note) is amended—
(1) in subsection (a) by striking ‘‘1995’’ and in-
serting ‘‘1998’’;
(2) in subsection (b)(2) by striking ‘‘1995’’ and
inserting ‘‘1998’’; and
(3) in subsection (c)—
(A) by striking ‘‘through 1995’’ and insert-
ing ‘‘through 1998’’; and
(B) by adding at the end the following:
‘‘(6) $111,000,000 in fiscal year 1996.
606
‘‘(7) $115,000,000 in fiscal year 1997.
‘‘(8) $119,000,000 in fiscal year 1998.’’.
TITLE 
VIII—COMMITTEE 
ON
MERCHANT 
MARINE 
AND
FISHERIES
SEC. 8001. EXTENSION OF VESSEL TONNAGE DUTIES.
(a) EXTENSION OF DUTIES.—Section 36 of the Act
of August 5, 1909 (36 Stat. 111; 46 App. U.S.C. 121),
is amended by—
(1) striking ‘‘and 1995,’’ each place it appears
and inserting ‘‘1995, 1996, 1997, 1998,’’;
(2) striking ‘‘place,’’ and inserting ‘‘place;’’;
and
(3) striking ‘‘port, not, however, to include ves-
sels in distress or not engaged in trade’’ and insert-
ing ‘‘port. However, neither duty shall be imposed
on vessels in distress or not engaged in trade’’.
(b) CONFORMING AMENDMENT.—The Act of March
8, 1910 (36 Stat. 234; 46 App. U.S.C. 132), is amended
by striking ‘‘and 1995,’’ and inserting ‘‘1995, 1996, 1997,
and 1998,’’.
(c) TECHNICAL CORRECTION.—
(1) CORRECTION.—Section 10402(a) of the
Omnibus Budget Reconciliation Act of 1990 (104
607
Stat. 1388–398) is amended by striking ‘‘in the sec-
ond paragraph’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall be effective on and after No-
vember 5, 1990.
SEC. 8002. SENSE OF THE CONGRESS ON THE INLAND WA-
TERWAYS FUEL TAX.
(a) FINDINGS.—The Congress finds the following:
(1) The Administration has proposed to in-
crease the tax on inland barge fuels from $0.19 to
$1.19 per gallon by 1997, which represents an in-
crease of 525 percent.
(2) The General Accounting Office has recently
identified 117 forms of Federal fees, taxes, and as-
sessments, not including customs duties, which raise
some $2,000,000,000 in Federal revenues each year.
(3) Barge transportation is one of the most
competitive, efficient, safe, and environmentally
friendly modes of transportation.
(4) Barges transport 15 percent of our Nation’s
commerce and provide jobs to some 180,000 Ameri-
cans.
(5) The Administration’s proposed increase
would add $420,000,000 in new taxes for operators
608
on inland waterways, which is more than their
pretax profits.
(6) This increase would cause barge rates to
skyrocket, increasing costs to consumers and dev-
astating industries dependent upon the commercial
use of barges such as coal, agriculture, and petro-
chemicals, and would add to our unfavorable balance
of trade payments by hurting the competitiveness of
United States exports.
(7) Because the price of certain agricultural
commodities, such as grain, are set in the world
marketplace, increased inland barge fuel taxes could
not be passed on to consumers and would largely be
borne by our Nation’s farmers.
(8) The Senate on March 18, 1993, voted 88 to
12 to reject any further increase in inland barge fuel
taxes.
(9) This huge tax increase would cause many
barge companies to go out of business, would result
in thousands of lost American jobs, and would fur-
ther burden the already beleaguered United States
maritime industry.
(b) SENSE OF CONGRESS.—It is the sense of the
Congress that the inland waterways fuel tax should not