I
103D CONGRESS
1ST SESSION
H. R. 857
To establish procedures to improve the allocation and assignment of the
electromagnetic spectrum, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 4, 1993
Mr. OXLEY (for himself, Mr. GILLMOR, and Mr. HASTERT) introduced the
following bill; which was referred to the Committee on Energy and Commerce
NOVEMBER 4, 1993
Additional sponsors: Mr. ARMEY, Mr. ZIMMER, Mr. BAKER of California, Mr.
ROYCE, Mr. COX, Mr. PACKARD, and Mr. DOOLITTLE
A BILL
To establish procedures to improve the allocation and assign-
ment of the electromagnetic spectrum, and for other
purposes.
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 ‘‘Emerging Tele-
communications Technologies Act of 1993’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) spectrum is a valuable natural resource;
(2) it is in the national interest that this re-
source be used more efficiently;
(3) the spectrum below 6 gigahertz (GHz) is
becoming increasingly congested, and, as a result en-
tities that develop innovative new spectrum-based
services are finding it difficult to bring these services
to the marketplace;
(4) scarcity of assignable frequencies can and
will—
(A) impede the development and commer-
cialization of new spectrum-based products and
services;
(B) reduce the capacity and efficiency of
the United States telecommunications system;
and
(C) adversely affect the productive capacity
and international competitiveness of the United
States economy;
(5) the United States Government presently
lacks 
explicit 
authority 
to 
use 
excess
radiocommunications capacity to satisfy non-United
States Government requirements;
(6) more efficient use of the spectrum can pro-
vide the resources for increased economic returns;
(7) many commercial users derive significant
economic benefits from their spectrum licenses, both
through the income they earn from their use of the
spectrum and the returns they realize upon transfer
of their licenses to third parties; but under current
procedures, the United States public does not suffi-
ciently share in their benefits;
(8) many United States Government functions
and responsibilities depend heavily on the use of the
radio spectrum, involve unique applications, and are
performed in the broad national and public interest;
(9) competitive bidding for spectrum can yield
significant benefits for the United States economy
by increasing the efficiency of spectrum allocations,
assignment, and use; and for United States tax-
payers by producing substantial revenues for the
United States Treasury; and
(10) the Secretary, the President, and the Com-
mission should be directed to take appropriate steps
to foster the more efficient use of this valuable na-
tional resource, including the reallocation of a target
amount of 200 megahertz (MHz) of spectrum from
United States Government use under section 305 of
the Communications Act (47 U.S.C. 305) to non-
United States Government use pursuant to other
provisions of the Communications Act and the im-
plementation of competitive bidding procedures by
the Commission for some new assignments of the
spectrum.
SEC. 3. NATIONAL SPECTRUM PLANNING.
(a) PLANNING ACTIVITIES.—The Secretary and the
Chairman of the Commission shall, at least twice each
year, conduct joint spectrum planning meetings with re-
spect to the following issues:
(1) future spectrum needs;
(2) the spectrum allocation actions necessary to
accommodate those needs, including consideration of
innovation and marketplace developments that may
affect the relative efficiencies of different portions of
the spectrum; and
(3) actions necessary to promote the efficient
use of the spectrum, including proven spectrum
management techniques to promote increased shared
use of the spectrum as a means of increasing non-
United States Government access, and innovation in
spectrum utilization including means of providing in-
centives for spectrum users to develop innovative
services and technologies.
(b) REPORTS.—The Secretary and the Chairman of
the Commission shall submit a joint annual report to the
President on the joint spectrum planning meetings con-
ducted under subsection (a) and any recommendations for
action developed in such meetings.
(c) OPEN PROCESS.—The Secretary and the Com-
mission will conduct an open process under this section
to ensure the full consideration and exchange of views
among any interested entities, including all private, public,
commercial, and governmental interests.
SEC. 4. IDENTIFICATION OF REALLOCABLE FREQUENCIES.
(a) IDENTIFICATION
REQUIRED.—The Secretary
shall prepare and submit to the President the reports re-
quired by subsection (d) to identify bands of frequencies
that—
(1) are allocated on a primary basis for United
States Government use and eligible for licensing
pursuant to section 305(a) of the Communications
Act (47 U.S.C. 305(a));
(2) are not required for the present or identifi-
able future needs of the United States Government;
(3) can feasibly be made available during the
next 15 years after enactment of this Act for use
under the provisions of the Communications Act for
non-United States Government users;
(4) will not result in costs to the Federal Gov-
ernment that are excessive in relation to the benefits
that may be obtained from the potential non-United
States Government uses; and
(5) are likely to have significant value for non-
United States Government uses under the Commu-
nications Act.
(b) AMOUNT OF SPECTRUM RECOMMENDED.—
(1) IN
GENERAL.—The Secretary shall rec-
ommend as a goal for reallocation, for use by non-
United States Government stations, bands of fre-
quencies constituting a target amount of 200 MHz,
that are located below 6 GHz, and that meet the cri-
teria specified in paragraphs (1) through (5) of sub-
section (a). If the Secretary identifies (as meeting
such criteria) bands of frequencies totalling more
than 200 MHz, the Secretary shall identify and rec-
ommend for reallocation those bands (totalling not
less than 200 MHz) that are likely to have the
greatest potential for non-United States Government
uses under the Communications Act.
(2) MIXED USES PERMITTED TO BE COUNT-
ED.—Bands of frequencies which the Secretary rec-
ommends be partially retained for use by United
States Government stations, but which are also rec-
ommended to be reallocated and made available
under the Communications Act for use by non-
United States Government stations, may be counted
toward the target 200 MHz of 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 amount targeted by para-
graph (1) of this subsection;
(B) a band of frequencies may not be
counted under this paragraph unless the assign-
ments of the band to United States Government
stations under section 305 of the Communica-
tions Act (47 U.S.C. 305) are limited by geo-
graphic area, by time, or by other means so as
to guarantee that the potential use to be made
by which United States Government stations is
substantially less (as measured by geographic
area, time, or otherwise) than the potential
United States Government use to be made; and
(C) the operational sharing permitted
under this paragraph shall be subject to proce-
dures which the Commission and the Depart-
ment of Commerce shall establish and imple-
ment to ensure against harmful interference.
(c) CRITERIA FOR IDENTIFICATION.—
(1) NEEDS OF THE UNITED STATES GOVERN-
MENT.—In determining whether a band of fre-
quencies meets the criteria specified in subsection
(a)(2), the Secretary 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 provider;
(B) seek to promote—
(i) the maximum practicable reliance
on commercially available substitutes;
(ii) the sharing of frequencies (as per-
mitted 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
(C) seek to avoid—
(i) serious degradation of United
States Government services and oper-
ations;
(ii) excessive costs to the United
States Government and civilian users of
such Government services; and
(iii) identification of any bands for
reallocation that are likely to be subject to
substitution for the reasons specified in
section 5(b)(2) (A) through (C).
(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 Communications Act (47 U.S.C. 303) over
the course of fifteen years after the enactment
of this Act;
(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
non-United States Government use;
(D) seek to include frequencies which can
be used to stimulate the development of new
technologies; and
(E) consider the cost to reestablish United
States Government services displaced by the
reallocation of spectrum during the fifteen year
period.
(3) COSTS TO THE UNITED STATES GOVERN-
MENT.—In determining whether a frequency band
meets the criteria specified in subsection (a)(4), the
Secretary shall consider—
(A) the costs to the United States Govern-
ment of reaccommodating its services in order
to make spectrum available for non-United
States Government use, including the incremen-
tal costs directly attributable to the loss of the
use of the frequency band; and
(B) the benefits that could be obtained
from reallocating such spectrum to non-United
States Government users, including the value of
such spectrum in promoting—
(i) the delivery of improved service to
the public;
(ii) the introduction of new services;
and
(iii) the development of new commu-
nications technologies.
(4) NON-UNITED STATES GOVERNMENT USE.—
In determining whether a band of frequencies meets
the criteria specified in subsection (a)(5), the Sec-
retary shall consider—
(A) the extent to which equipment is com-
mercially available that is capable of utilizing
the band; and
(B) the proximity of frequencies that are
already assigned for non-United States Govern-
ment use.
(d) 
PROCEDURE
FOR
IDENTIFICATION
OF
REALLOCABLE BANDS OF FREQUENCIES.—
(1) SUBMISSION OF REPORTS TO THE PRESI-
DENT.—
(A) Within 6 months after the date of the
enactment of this Act, the Secretary shall pre-
pare and submit to the President a report
which specifically identifies an initial 30 MHz
of 
spectrum, 
to 
be 
made 
available 
for
reallocation upon issuance of this report, and to
be distributed by the Commission pursuant to
competitive bidding procedures.
(B) Within 12 months after the date of the
enactment of this Act, the Secretary shall pre-
pare and submit to the President a preliminary
report to identify reallocable bands of fre-
quencies meeting the criteria established by this
section.
(C) Within 24 months after the date of en-
actment of this Act, the Secretary shall prepare
and submit to the President a final report
which identifies the target 200 MHz for
reallocation (which shall encompass the initial
30 MHz previously designated under subpara-
graph (A) of this paragraph).
(D) The President shall publish the reports
required by this paragraph in the Federal Reg-
ister.
(2) CONVENING OF PRIVATE SECTOR ADVISORY
COMMITTEE.—Not later than 12 months after the
enactment of this Act, the Secretary shall convene a
private sector advisory committee to—
(A) review the bands of frequencies identi-
fied in the preliminary report required by para-
graph (1)(B);
(B) advise the Secretary with respect to—
(i) the bands of frequencies which
should be included in the final report re-
quired by paragraph (1)(C); and
(ii) the effective dates which should be
established under subsection (e) with re-
spect to such frequencies; and
(C) receives public comment on the Sec-
retary’s preliminary and final reports under this
subsection.
The private sector advisory committee shall meet at
least quarterly until each of the actions required by
section 5(a) have taken place.
(3) COMPOSITION
OF
COMMITTEE; 
CHAIR-
MAN.—The private sector advisor committee shall in-
clude—
(A) the Chairman of the Commission, and
the Secretary, or their designated representa-
tives, and two other representatives from two
different United States Government agencies
that are spectrum users, other than the Depart-
ment of Commerce, as such agencies may be
designated by the Secretary; and
(B) persons who are representative of—
(i) manufacturers of spectrum-de-
pendent telecommunications equipment;
(ii) commercial users;
(iii) other users of the electromagnetic
spectrum; and
(iv) other interested members of the
public who are knowledgeable about the
uses of the electromagnetic spectrum to be
chosen by the Secretary.
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.
(e) TIMETABLE FOR REALLOCATION AND LIMITA-
TION.—The Secretary shall, as part of the final report re-
quired by subsection (d)(1)(C), include a timetable for the
effective dates by which the President shall, within 15
years after enactment of this Act, withdraw or limit as-
signments on frequencies specified in the report. The rec-
ommended effective dates shall—
(1) permit the earliest possible reallocation of
the frequency bands, taking into account the re-
quirements of section 6(a);
(2) be based on the useful remaining life of
equipment that has been purchased or contracted for
to operate on identified frequencies;
(3) be based on the need to coordinate fre-
quency use with other nations; and
(4) avoid the imposition of incremental costs on
the United States Government directly attributable
to the loss of the use of frequencies or the changing
to different frequencies that are excessive in relation
to the benefits that may be obtained from non-Unit-
ed States Government uses of the reassigned fre-
quencies.
SEC. 5. WITHDRAWAL OF ASSIGNMENT TO UNITED STATES
GOVERNMENT STATIONS.
(a) IN GENERAL.—The President shall—
(1) within three months after receipt of the
Secretary’s report under section 4(d)(1)(A), with-
draw or limit the assignment to a United States
Government station of any frequency on the initial
30 MHz which that report recommends for imme-
diate reallocation;
(2) with respect to other frequencies rec-
ommended for reallocation by the Secretary’s report
in section 4(d)(1)(C), by the effective dates rec-
ommended pursuant to section 4(e) (except as pro-
vided in section (b)(4)), withdraw or limit the as-
signment to a United States Government station of
any frequency which that report recommends be re-
allocated or available for mixed use on such effective
dates;
(3) assign or reassign other frequencies to
United States Government stations as necessary to
adjust to such withdrawal or limitation of assign-
ments; and
(4) publish in the Federal Register a notice and
description of the actions taken under this sub-
section.
(b) EXCEPTIONS.—
(1) AUTHORITY TO SUBSTITUTE.—If the Presi-
dent determines that a circumstance described in
section 5(b)(2) exists, the President—
(A) may, within one month after receipt of
the Secretary’s report under section 4(d)(1)(A),
and within six months after receipt of the Sec-
retary’s report under section 4(d)(1)(C), sub-
stitute an alternative frequency or band of fre-
quencies for the frequency or band that is sub-
ject to such determination and withdraw (or
limit) the assignment of that alternative fre-
quency or band in the manner required by sub-
section (a); and
(B) shall publish in the Federal Register a
statement of the reasons for taking the action
described in subparagraph (A).
(2) GROUNDS
FOR
SUBSTITUTION.—For pur-
poses of paragraph (1), the following circumstances
are described in this paragraph:
(A) the reassignment would seriously jeop-
ardize the national security interests of the
United States;
(B) the frequency proposed for reassign-
ment is uniquely suited to meeting important
United States Governmental needs;
(C) the reassignment would seriously jeop-
ardize public health or safety; or
(D) the reassignment will result in incre-
mental costs to the United States Government
that are excessive in relation to the benefits
that may be obtained from non-United States
Government 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 final report of the Secretary under sec-
tion 4(d)(1)(C) unless the substituted frequency also
meets each of the criteria specified by section 4(a).
(4) DELAYS
IN
IMPLEMENTATION.—If the
President determines that any action cannot be com-
pleted by the effective dates recommended by the
Secretary pursuant to section 4(e), or that such an
action by such date would result in a frequency
being unused as a consequence of the Commission’s
plan under section 6, the President may—
(A) withdraw or limit the assignment to
United States Government stations on a later
date that is consistent with such plan, by pro-
viding notice to that effect in the Federal Reg-
ister, including the reason that withdrawal at a
later date is required; or
(B) substitute alternative frequencies pur-
suant to the provisions of this subsection.
(c) COSTS
OF WITHDRAWING FREQUENCIES AS-
SIGNED TO THE UNITED STATES GOVERNMENT; APPRO-
PRIATIONS AUTHORIZED.—Any United States Govern-
ment licensee, or non-United States Government entity op-
erating on behalf of a United States Government licensee,
that is displaced from a frequency pursuant to this section
may be reimbursed not more than the incremental costs
it incurs, in such amounts as provided in advance in ap-
propriation acts, that are directly attributable to the loss
of the use of the frequency pursuant to this section. The
estimates of these costs shall be prepared by the affected
agency, in consultation with the Department of Com-
merce.
(d) APPROPRIATIONS AUTHORIZED.—There are au-
thorized to be appropriated to the affected licensee agen-
cies such sums as may be necessary to carry out the pur-
poses of this section.
SEC. 6. DISTRIBUTION OF FREQUENCIES BY THE COMMIS-
SION.
(a) PLANS SUBMITTED.—
(1) With respect to the initial 30 MHz to be re-
allocated from United States Government to non-
United States Government use under section
4(d)(1)(A), not later than 24 months after enact-
ment of this Act, the Commission shall complete a
public notice and comment proceeding regarding the
allocation of this spectrum and shall form a plan to
assign such spectrum pursuant to competitive bid-
ding procedures, pursuant to section 309(j) of the
Communications Act, during fiscal years 1996
through 1998.
(2) With respect to the remaining spectrum to
be reallocated from United States Government to
non-United States Government use under section
4(e), not later than two years after issuance of the
report required by section 4(d)(1)(C), the Commis-
sion shall complete a public notice and comment pro-
ceeding; and the Commission shall, after consulta-
tion with the Secretary, prepare and submit to the
President a plan for the distribution under the Com-
munications Act of the frequency bands reallocated
pursuant to the requirements of this Act. Such plan
shall—
(A) not propose the immediate distribution
of all such frequencies, but, taking into account
the timetable recommended by the Secretary
pursuant to section 4(e), shall propose—
(i) gradually to distribute the fre-
quencies remaining, after making the res-
ervation required by subparagraph (ii),
over the course of a ten-year period begin-
ning on the date of submission of such
plan; and
(ii) to reserve a significant portion of
such frequencies for distribution beginning
after the end of such ten-year period;
(B) contain appropriate provisions to en-
sure—
(i) the availability of frequencies for
new technologies and services in accord-
ance with the policies of section 7 of the
Communications Act (47 U.S.C. 157); and
(ii) the availability of frequencies to
stimulate the development of such tech-
nologies; and
(C) not prevent the Commission from allo-
cating bands of frequencies for specific uses in
future rulemaking proceedings.
(b) AMENDMENT TO THE COMMUNICATIONS ACT.—
Section 303 of the Communications Act is amended by
adding at the end thereof the following new subsection (u)
(indicating that the Commission shall):
‘‘(u) Have authority to assign the frequencies reallo-
cated from United States Government use to non-United
States Government use pursuant to the Emerging Tele-
communications Technologies Act of 1993: Provided, That
any such assignment shall expressly be made subject to
the right of the President to reclaim such frequencies
under the provisions of section 7 of the Emerging Tele-
communications Technologies Act of 1993.’’.
SEC. 
7. 
AUTHORITY 
TO 
RECLAIM 
REASSIGNED 
FRE-
QUENCIES.
(a) AUTHORITY OF PRESIDENT.—The President may
reclaim reallocated frequencies for reassignment to United
States Government stations in accordance with this sec-
tion.
(b) PROCEDURE FOR RECLAIMING FREQUENCIES.—
(1) UNASSIGNED
FREQUENCIES.—If the fre-
quencies to be reclaimed have not been assigned by
the Commission, the President may reclaim them
based on the grounds described in section 5(b)(2) of
this Act.
(2) ASSIGNED
FREQUENCIES.—If the fre-
quencies to be reclaimed have been assigned by the
Commission, the President may reclaim them based
on the grounds described in section 5(b)(2) of this
Act, except that the notification required by section
5(b)(1) shall include—
(A) a timetable to accommodate an orderly
transition for licensees to obtain new fre-
quencies and equipment necessary for their uti-
lization; and
(B) an estimate of the cost of displacing
the licensees.
(c) COSTS
OF RECLAIMING FREQUENCIES.—Any
non-United States Government licensee that is displaced
from a frequency pursuant to this section shall be reim-
bursed the incremental costs it incurs that are directly at-
tributable to the loss of the use of the frequency pursuant
to this section.
(d) EFFECT ON OTHER LAW.—Nothing in this sec-
tion shall be construed to limit or otherwise affect the au-
thority of the President under section 706 of the Commu-
nications Act (47 U.S.C. 606).
SEC. 8. COMPETITIVE BIDDING.
(a) COMPETITIVE BIDDING AUTHORIZED.—Section
309 of the Communications Act is amended to add a new
subsection (j) providing that:
‘‘(j)(1) The Commission shall, subject to the exclu-
sions listed in paragraph (2) of this subsection, use com-
petitive bidding for awarding all initial licenses or new
construction permits, including licenses and permits for
spectrum reallocated for non-United States Government
use pursuant to the Emerging Telecommunications Tech-
nologies Act of 1993 in accordance with the following pro-
cedures:
‘‘(A) The Commission shall require potential
bidders to file a first-stage application indicating an
intent to participate in the competitive bidding proc-
ess and containing such other information as the
Commission finds necessary. After conducting the
bidding, the Commission shall require the winning
bidder to submit a second-stage application. Upon
determining that such application is acceptable for
filing and that the applicant is qualified pursuant to
subparagraph (B) of this paragraph, the Commis-
sion shall grant a permit or license.
‘‘(B) No construction permit or license shall be
granted to an applicant selected pursuant to sub-
paragraph (A) of this paragraph unless the Commis-
sion determines that such applicant is qualified pur-
suant to section 308(b) and section 309(a) of the
Communications Act, on the basis of the information
contained in the first- and second-stage applications
submitted under subparagraph (A) of this para-
graph.
‘‘(C) Each participant in the competitive bid-
ding process is subject to the schedule of changes
contained in section 8 of the Communications Act
(47 U.S.C. 158).
‘‘(D) The Commission shall have the authority
in awarding construction permits or licenses under
competitive bidding procedures to (i) define the geo-
graphic and frequency limitations and technical re-
quirements, if any, of such permits or licenses; (ii)
establish minimum acceptable competitive bids; and
(iii) establish other appropriate conditions on such
permits and licenses that will serve the public
interest.
‘‘(E) The Commission shall, within eighteen
months after enactment of the Emerging Tele-
communications Technologies Act of 1993, following
public notice and comment proceedings, adopt rules
establishing competitive bidding procedures under
this subsection, including the method of bidding and
the basis for payment (such as flat fees, fixed or
variable royalties, combinations of flat fees and roy-
alties, or other reasonable forms of payment); and a
plan for applying such competitive bidding proce-
dures to the initial 30 MHz reallocated from United
States Government to non-United States Govern-
ment use under section 4(d)(1)(A) of the Emerging
Telecommunications Technologies Act of 1993, to be
distributed during the fiscal years 1996 through
1998.
‘‘(F) The Commission shall take into particular
account the new technological benefits derived from
awarding construction permits or licenses under
competitive bidding procedures.
‘‘(G) The Commission shall not exclude any
qualified applicant from bidding for initial licenses
or permits for spectrum under the competitive bid-
ding procedures authorized by this subsection. In de-
termining qualified applicants, the Commission shall
require an applicant to establish threshold technical
and financial commitment requirements to ensure
against speculative ventures.
‘‘(2) Competitive bidding shall not apply to:
‘‘(A) license renewals;
‘‘(B) the United States Government and State
or local government entities;
‘‘(C) amateur operator services, public radio
broadcast services, public television broadcast serv-
ices, public safety services, and radio astronomy
services;
‘‘(D) private radio end-user licenses, such as
Specialized Mobile Radio Service (SMRS), maritime,
and aeronautical end-user licenses;
‘‘(E) any license grant to a non-United States
Government licensee being moved from its current
frequency assignment to a different one by the Com-
mission in order to implement the goals and objec-
tives underlying the Emerging Telecommunications
Technologies Act of 1993;
‘‘(F) any other service, class of services, or as-
signments that the Commission determines, after
conducting public comment and notice proceedings,
should be exempt from competitive bidding because
of public interest factors warranting an exemption.’’.
(b) RANDOM SELECTION NOT TO APPLY WHEN
COMPETITIVE BIDDING REQUIRED.—Section 309(i)(1) of
the Communications Act (47 U.S.C. 309) is amended by
inserting after ‘‘selection’’ the following: ‘‘, except in in-
stances where competitive bidding procedures are required
under subsection (j) of this section’’.
(c) SPECTRUM ALLOCATION DECISIONS.—Section
303 of the Communications Act is amended to add a new
subsection (v):
‘‘(v) In making spectrum allocation decisions among
services that are subject to competitive bidding, the Com-
mission is authorized to consider as one factor among oth-
ers taken into account in making its determination, the
relative economic values and other public interest benefits
of the proposed uses as reflected in the potential revenues
that would be collected under its competitive bidding pro-
cedures.’’.
SEC. 9. DEFINITIONS.
As used in this Act—
(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 radiocommunications services.
(2) The term ‘‘assignment’’ means an author-
ization given by the Commission or the United
States Government for a radio station to use a radio
frequency or radio frequency channel.
(3) The term ‘‘Commission’’ means the Federal
Communications Commission.
(4) The term ‘‘Communications Act’’ means the
Communications Act of 1934, as amended (47
U.S.C. 151 et seq.).
(5) The term ‘‘Secretary’’ means the Secretary
of Commerce.
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