‘‘(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);
‘‘(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);
‘‘(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 ac-
tions 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-
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
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.
‘‘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 Commis-
sion shall prepare, in consultation with the Assistant Sec-
retary 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 re-
quirements 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
‘‘(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-
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.
‘‘(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 li-
censed pursuant to section 305 of the Act (47
U.S.C. 305).
‘‘(4) The term ‘the Act’ means the Communica-
tions Act of 1934 (47 U.S.C. 151 et seq.).’’.
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