II 
108TH CONGRESS 
2D SESSION 
H. R. 5419 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 20, 2004 
Received 
AN ACT 
To amend the National Telecommunications and Information 
Administration Organization Act to facilitate the re-
allocation of spectrum from governmental to commercial 
users; to improve, enhance, and promote the Nation’s 
homeland security, public safety, and citizen activated 
emergency response capabilities through the use of en-
hanced 911 services, to further upgrade Public Safety 
Answering Point capabilities and related functions in 
receiving E–911 calls, and to support in the construction 
and operation of a ubiquitous and reliable citizen acti-
vated system; and to provide that funds received as uni-
versal service contributions under section 254 of the 
Communications Act of 1934 and the universal service 
support programs established pursuant thereto are not 
subject to certain provisions of title 31, United States 
Code, commonly known as the Antideficiency Act, for 
a period of time. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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TITLE I—E–911 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Ensuring Needed Help 
Arrives Near Callers Employing 911 Act of 2004’’ or the 
‘‘ENHANCE 911 Act of 2004’’. 
SEC. 102. FINDINGS. 
The Congress finds that— 
(1) for the sake of our Nation’s homeland secu-
rity and public safety, a universal emergency tele-
phone number (911) that is enhanced with the most 
modern and state-of-the-art telecommunications ca-
pabilities possible should be available to all citizens 
in all regions of the Nation; 
(2) enhanced emergency communications re-
quire Federal, State, and local government resources 
and coordination; 
(3) any funds that are collected from fees im-
posed on consumer bills for the purposes of funding 
911 services or enhanced 911 should go only for the 
purposes for which the funds are collected; and 
(4) enhanced 911 is a high national priority 
and it requires Federal leadership, working in co-
operation with State and local governments and with 
the numerous organizations dedicated to delivering 
emergency communications services.
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SEC. 103. PURPOSES. 
The purposes of this title are— 
(1) to coordinate 911 services and E–911 serv-
ices, at the Federal, State, and local levels; and 
(2) to ensure that funds collected on tele-
communications bills for enhancing emergency 911 
services are used only for the purposes for which the 
funds are being collected. 
SEC. 104. COORDINATION OF E–911 IMPLEMENTATION. 
Part C of title I of the National Telecommunications 
and Information Administration Organization Act (47 
U.S.C. 901 et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 158. COORDINATION OF E–911 IMPLEMENTATION. 
‘‘(a) E–911 IMPLEMENTATION COORDINATION OF-
FICE.— 
‘‘(1) ESTABLISHMENT.—The Assistant Sec-
retary and the Administrator of the National High-
way Traffic Safety Administration shall— 
‘‘(A) establish a joint program to facilitate 
coordination and communication between Fed-
eral, State, and local emergency communica-
tions systems, emergency personnel, public safe-
ty organizations, telecommunications carriers, 
and telecommunications equipment manufactur-
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‘‘(iii) has established a plan for the 
coordination and implementation of E–911 
services; and 
‘‘(iv) has integrated telecommuni-
cations services involved in the implemen-
tation and delivery of phase II E–911 serv-
ices; or 
‘‘(B) in the case of an eligible entity that 
is not a State, the entity has complied with 
clauses (i), (iii), and (iv) of subparagraph (A), 
and the State in which it is located has com-
plied with clause (ii) of such subparagraph. 
‘‘(4) CRITERIA.—The Assistant Secretary and 
the Administrator shall jointly issue regulations 
within 180 days after the date of enactment of the 
ENHANCE 911 Act of 2004, after a public com-
ment period of not less than 60 days, prescribing the 
criteria for selection for grants under this section, 
and shall update such regulations as necessary. The 
criteria shall include performance requirements and 
a timeline for completion of any project to be fi-
nanced by a grant under this section. 
‘‘(c) DIVERSION OF E–911 CHARGES.— 
‘‘(1) DESIGNATED
E–911
CHARGES.—For the 
purposes of this subsection, the term ‘designated E–
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911 charges’ means any taxes, fees, or other charges 
imposed by a State or other taxing jurisdiction that 
are designated or presented as dedicated to deliver 
or improve E–911 services. 
‘‘(2) CERTIFICATION.—Each applicant for a 
matching grant under this section shall certify to the 
Assistant Secretary and the Administrator at the 
time of application, and each applicant that receives 
such a grant shall certify to the Assistant Secretary 
and the Administrator annually thereafter during 
any period of time during which the funds from the 
grant are available to the applicant, that no portion 
of any designated E–911 charges imposed by a 
State or other taxing jurisdiction within which the 
applicant is located are being obligated or expended 
for any purpose other than the purposes for which 
such charges are designated or presented during the 
period beginning 180 days immediately preceding 
the date of the application and continuing through 
the period of time during which the funds from the 
grant are available to the applicant. 
‘‘(3) CONDITION
OF
GRANT.—Each applicant 
for a grant under this section shall agree, as a con-
dition of receipt of the grant, that if the State or 
other taxing jurisdiction within which the applicant
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is located, during any period of time during which 
the funds from the grant are available to the appli-
cant, obligates or expends designated E–911 charges 
for any purpose other than the purposes for which 
such charges are designated or presented, all of the 
funds from such grant shall be returned to the Of-
fice. 
‘‘(4) PENALTY FOR PROVIDING FALSE INFOR-
MATION.—Any applicant that provides a certification 
under paragraph (1) knowing that the information 
provided in the certification was false shall— 
‘‘(A) not be eligible to receive the grant 
under subsection (b); 
‘‘(B) return any grant awarded under sub-
section (b) during the time that the certification 
was not valid; and 
‘‘(C) not be eligible to receive any subse-
quent grants under subsection (b). 
‘‘(d) AUTHORIZATION; TERMINATION.— 
‘‘(1) AUTHORIZATION.—There are authorized to 
be appropriated to the Department of Transpor-
tation, for the purposes of grants under the joint 
program operated under this section with the De-
partment 
of 
Commerce, 
not 
more 
than 
$250,000,000 for each of the fiscal years 2005
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through 2009, not more than 5 percent of which for 
any fiscal year may be obligated or expended for ad-
ministrative costs. 
‘‘(2) TERMINATION.—The provisions of this 
section shall cease to be effective on October 1, 
2009. 
‘‘(e) DEFINITIONS.—As used in this section: 
‘‘(1) OFFICE.—The term ‘Office’ means the E– 
911 Implementation Coordination Office. 
‘‘(2) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the National 
Highway Traffic Safety Administration. 
‘‘(3) ELIGIBLE ENTITY.— 
‘‘(A) IN GENERAL.—The term ‘eligible en-
tity’ means a State or local government or a 
tribal organization (as defined in section 4(l) of 
the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 450b(l))). 
‘‘(B) INSTRUMENTALITIES.—Such term in-
cludes public authorities, boards, commissions, 
and similar bodies created by one or more eligi-
ble entities described in subparagraph (A) to 
provide E–911 services. 
‘‘(C) EXCEPTION.—Such term does not in-
clude any entity that has failed to submit the
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most recently required certification under sub-
section (c) within 30 days after the date on 
which such certification is due. 
‘‘(4) E–911 SERVICES.—The term ‘E–911 serv-
ices’ means both phase I and phase II enhanced 911 
services, as described in section 20.18 of the Com-
mission’s regulations (47 C.F.R. 20.18), as in effect 
on the date of enactment of the ENHANCE 911 
Act of 2004, or as subsequently revised by the Fed-
eral Communications Commission. 
‘‘(5) PHASE
II
E–911 SERVICES.—The term 
‘phase II E–911 services’ means only phase II en-
hanced 911 services, as described in such section 
20.18 (47 C.F.R. 20.18), as in effect on such date, 
or as subsequently revised by the Federal Commu-
nications Commission. 
‘‘(6) STATE.—The term ‘State’ means any 
State of the United States, the District of Columbia, 
Puerto Rico, the Northern Mariana Islands, and any 
territory or possession of the United States.’’. 
SEC. 105. GAO STUDY OF STATE AND LOCAL USE OF 911 
SERVICE CHARGES. 
(a) IN GENERAL.—Within 60 days after the date of 
enactment of this Act, the Comptroller General shall ini-
tiate a study of—
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(1) the imposition of taxes, fees, or other 
charges imposed by States or political subdivisions 
of States that are designated or presented as dedi-
cated to improve emergency communications serv-
ices, including 911 services or enhanced 911 serv-
ices, or related to emergency communications serv-
ices operations or improvements; and 
(2) the use of revenues derived from such taxes, 
fees, or charges. 
(b) REPORT.—Within 18 months after initiating the 
study required by subsection (a), the Comptroller General 
shall transmit a report on the results of the study to the 
Senate Committee on Commerce, Science, and Transpor-
tation and the House of Representatives Committee on 
Energy and Commerce setting forth the findings, conclu-
sions, and recommendations, if any, of the study, includ-
ing— 
(1) the identity of each State or political sub-
division that imposes such taxes, fees, or other 
charges; and 
(2) the amount of revenues obligated or ex-
pended by that State or political subdivision for any 
purpose other than the purposes for which such 
taxes, fees, or charges were designated or presented.
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SEC. 106. REPORT ON THE DEPLOYMENT OF E–911 PHASE II 
SERVICES BY TIER III SERVICE PROVIDERS. 
Within 90 days after the date of enactment of this 
Act, the Federal Communications Commission shall sub-
mit a report to the Committee on Energy and Commerce 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate de-
tailing— 
(1) the number of tier III commercial mobile 
service providers that are offering phase II E–911 
services; 
(2) the number of requests for waivers from 
compliance with the Commission’s phase II E–911 
service requirements received by the Commission 
from such tier III providers; 
(3) the number of waivers granted or denied by 
the Commission to such tier III providers; 
(4) how long each waiver request remained 
pending before it was granted or denied; 
(5) how many waiver requests are pending at 
the time of the filing of the report; 
(6) when the pending requests will be granted 
or denied; 
(7) actions the Commission has taken to reduce 
the amount of time a waiver request remains pend-
ing; and
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(8) the technologies that are the most effective 
in the deployment of phase II E–911 services by 
such tier III providers. 
SEC. 107. FCC REQUIREMENTS FOR CERTAIN TIER III CAR-
RIERS. 
(a) IN GENERAL.—The Federal Communications 
Commission shall act on any petition filed by a qualified 
Tier III carrier requesting a waiver of compliance with the 
requirements of section 20.18(g)(1)(v) of the Commis-
sion’s rules (47 C.F.R. 20.18(g)(1)(v)) within 100 days 
after the Commission receives the petition. The Commis-
sion shall grant the waiver of compliance with the require-
ments of section 20.18(g)(1)(v) of the Commission’s rules 
(47 C.F.R. 20.18(g)(1)(v)) requested by the petition if it 
determines that strict enforcement of the requirements of 
that section would result in consumers having decreased 
access to emergency services. 
(b) QUALIFIED TIER III CARRIER DEFINED.—In 
this section, the term ‘‘qualified Tier III carrier’’ means 
a provider of commercial mobile service (as defined in sec-
tion 332(d) of the Communications Act of 1934 (47 
U.S.C. 332(d)) that had 500,000 or fewer subscribers as 
of December 31, 2001.
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TITLE II—SPECTRUM 
RELOCATION 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Commercial Spectrum 
Enhancement Act’’. 
SEC. 202. RELOCATION OF ELIGIBLE FEDERAL ENTITIES 
FOR THE REALLOCATION OF SPECTRUM FOR 
COMMERCIAL PURPOSES. 
Section 113(g) of the National Telecommunications 
and Information Administration Organization Act (47 
U.S.C. 923(g)) is amended by striking paragraphs (1) 
through (3) and inserting the following: 
‘‘(1) ELIGIBLE FEDERAL ENTITIES.—Any Fed-
eral entity that operates a Federal Government sta-
tion assigned to a band of frequencies specified in 
paragraph (2) and that incurs relocation costs be-
cause of the reallocation of frequencies from Federal 
use to non-Federal use shall receive payment for 
such costs from the Spectrum Relocation Fund, in 
accordance with section 118 of this Act. For pur-
poses of this paragraph, Federal power agencies ex-
empted under subsection (c)(4) that choose to relo-
cate from the frequencies identified for reallocation 
pursuant to subsection (a), are eligible to receive 
payment under this paragraph.
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‘‘(2) ELIGIBLE FREQUENCIES.—The bands of 
eligible frequencies for purposes of this section are 
as follows: 
‘‘(A) the 216–220 megahertz band, the 
1432–1435 megahertz band, the 1710–1755 
megahertz band, and the 2385–2390 megahertz 
band of frequencies; and 
‘‘(B) any other band of frequencies reallo-
cated from Federal use to non-Federal use after 
January 1, 2003, that is assigned by competi-
tive bidding pursuant to section 309(j) of the 
Communications Act of 1934 (47 U.S.C. 
309(j)), except for bands of frequencies pre-
viously identified by the National Telecommuni-
cations and Information Administration in the 
Spectrum Reallocation Final Report, NTIA 
Special Publication 95–32 (1995). 
‘‘(3) DEFINITION OF RELOCATION COSTS.—For 
purposes of this subsection, the term ‘relocation 
costs’ means the costs incurred by a Federal entity 
to achieve comparable capability of systems, regard-
less of whether that capability is achieved by relo-
cating to a new frequency assignment or by utilizing 
an alternative technology. Such costs include—
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‘‘(A) the costs of any modification or re-
placement of equipment, software, facilities, op-
erating manuals, training costs, or regulations 
that are attributable to relocation; 
‘‘(B) the costs of all engineering, equip-
ment, software, site acquisition and construc-
tion costs, as well as any legitimate and pru-
dent transaction expense, including outside con-
sultants, and reasonable additional costs in-
curred by the Federal entity that are attrib-
utable to relocation, including increased recur-
ring costs associated with the replacement fa-
cilities; 
‘‘(C) the costs of engineering studies, eco-
nomic analyses, or other expenses reasonably 
incurred in calculating the estimated relocation 
costs that are provided to the Commission pur-
suant to paragraph (4) of this subsection; 
‘‘(D) the one-time costs of any modifica-
tion of equipment reasonably necessary to ac-
commodate commercial use of such frequencies 
prior to the termination of the Federal entity’s 
primary allocation or protected status, when the 
eligible frequencies as defined in paragraph (2) 
of this subsection are made available for private
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sector uses by competitive bidding and a Fed-
eral entity retains primary allocation or pro-
tected status in those frequencies for a period 
of time after the completion of the competitive 
bidding process; and 
‘‘(E) the costs associated with the acceler-
ated replacement of systems and equipment if 
such acceleration is necessary to ensure the 
timely relocation of systems to a new frequency 
assignment. 
‘‘(4) NOTICE TO COMMISSION OF ESTIMATED 
RELOCATION COSTS.— 
‘‘(A) The Commission shall notify the 
NTIA at least 18 months prior to the com-
mencement of any auction of eligible fre-
quencies defined in paragraph (2). At least 6 
months prior to the commencement of any such 
auction, the NTIA, on behalf of the Federal en-
tities and after review by the Office of Manage-
ment and Budget, shall notify the Commission 
of estimated relocation costs and timelines for 
such relocation. 
‘‘(B) Upon timely request of a Federal en-
tity, the NTIA shall provide such entity with in-
formation regarding an alternative frequency
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assignment or assignments to which their 
radiocommunications operations could be relo-
cated for purposes of calculating the estimated 
relocation costs and timelines to be submitted 
to the Commission pursuant to subparagraph 
(A). 
‘‘(C) To the extent practicable and con-
sistent with national security considerations, 
the NTIA shall provide the information re-
quired by subparagraphs (A) and (B) by the ge-
ographic location of the Federal entities’ facili-
ties or systems and the frequency bands used 
by such facilities or systems. 
‘‘(5) NOTICE TO CONGRESSIONAL COMMITTEES 
AND GAO.—The NTIA shall, at the time of providing 
an initial estimate of relocation costs to the Commis-
sion under paragraph (4)(A), submit to Committees 
on Appropriations and Energy and Commerce of the 
House of Representatives for approval, to the Com-
mittees on Appropriations and Commerce, Science, 
and Transportation of the Senate for approval, and 
to the Comptroller General a copy of such estimate 
and the timelines for relocation. Unless disapproved 
within 30 days, the estimate shall be approved. If
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disapproved, the NTIA may resubmit a revised ini-
tial estimate. 
‘‘(6) IMPLEMENTATION OF PROCEDURES.—The 
NTIA shall take such actions as necessary to ensure 
the timely relocation of Federal entities’ spectrum- 
related operations from frequencies defined in para-
graph (2) to frequencies or facilities of comparable 
capability. Upon a finding by the NTIA that a Fed-
eral entity has achieved comparable capability of sys-
tems by relocating to a new frequency assignment or 
by utilizing an alternative technology, the NTIA 
shall terminate the entity’s authorization and notify 
the Commission that the entity’s relocation has been 
completed. The NTIA shall also terminate such enti-
ty’s authorization if the NTIA determines that the 
entity has unreasonably failed to comply with the 
timeline for relocation submitted by the Director of 
the Office of Management and Budget under section 
118(d)(2)(B).’’. 
SEC. 203. MINIMUM AUCTION RECEIPTS AND DISPOSITION 
OF PROCEEDS. 
(a) AUCTION DESIGN.—Section 309(j)(3) of the 
Communications Act of 1934 (47 U.S.C. 309(j)(3)) is 
amended—
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Telecommunications and Information Adminis-
tration Organization Act (47 U.S.C. 923(g)(2)) 
shall at least equal 110 percent of the total esti-
mated relocation costs provided to the Commis-
sion pursuant to section 113(g)(4) of such Act. 
‘‘(B) CONCLUSION OF AUCTIONS CONTIN-
GENT ON MINIMUM PROCEEDS.—The Commis-
sion shall not conclude any auction of eligible 
frequencies described in section 113(g)(2) of 
such Act if the total cash proceeds attributable 
to such spectrum are less than 110 percent of 
the total estimated relocation costs provided to 
the Commission pursuant to section 113(g)(4) 
of such Act. If the Commission is unable to 
conclude an auction for the foregoing reason, 
the Commission shall cancel the auction, return 
within 45 days after the auction cancellation 
date any deposits from participating bidders 
held in escrow, and absolve such bidders from 
any obligation to the United States to bid in 
any subsequent reauction of such spectrum. 
‘‘(C) AUTHORITY TO ISSUE PRIOR TO DE-
AUTHORIZATION.—In any auction conducted 
under the regulations required by subparagraph 
(A), the Commission may grant a license as-
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signed for the use of eligible frequencies prior 
to the termination of an eligible Federal entity’s 
authorization. However, the Commission shall 
condition such license by requiring that the li-
censee cannot cause harmful interference to 
such Federal entity until such entity’s author-
ization has been terminated by the National 
Telecommunications and Information Adminis-
tration.’’. 
(c) DEPOSIT OF PROCEEDS.—Paragraph (8) of sec-
tion 309(j) of the Communications Act of 1934 (47 U.S.C. 
309(j)) is amended— 
(1) in subparagraph (A), by inserting ‘‘or sub-
paragraph (D)’’ after ‘‘subparagraph (B)’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(D) DISPOSITION OF CASH PROCEEDS.— 
Cash proceeds attributable to the auction of any 
eligible 
frequencies 
described 
in 
section 
113(g)(2) of the National Telecommunications 
and Information Administration Organization 
Act (47 U.S.C. 923(g)(2)) shall be deposited in 
the Spectrum Relocation Fund established 
under section 118 of such Act, and shall be 
available in accordance with that section.’’.
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SEC. 204. ESTABLISHMENT OF FUND AND PROCEDURES. 
Part B of the National Telecommunications and In-
formation Administration Organization Act is amended by 
adding after section 117 (47 U.S.C. 927) the following 
new section: 
‘‘SEC. 118. SPECTRUM RELOCATION FUND. 
‘‘(a) ESTABLISHMENT OF SPECTRUM RELOCATION 
FUND.—There is established on the books of the Treasury 
a separate fund to be known as the ‘Spectrum Relocation 
Fund’ (in this section referred to as the ‘Fund’), which 
shall be administered by the Office of Management and 
Budget (in this section referred to as ‘OMB’), in consulta-
tion with the NTIA. 
‘‘(b) CREDITING OF RECEIPTS.—The Fund shall be 
credited 
with 
the 
amounts 
specified 
in 
section 
309(j)(8)(D) of the Communications Act of 1934 (47 
U.S.C. 309(j)(8)(D)). 
‘‘(c) USED
TO
PAY
RELOCATION
COSTS.—The 
amounts in the Fund from auctions of eligible frequencies 
are authorized to be used to pay relocation costs, as de-
fined in section 113(g)(3) of this Act, of an eligible Fed-
eral entity incurring such costs with respect to relocation 
from those frequencies. 
‘‘(d) FUND AVAILABILITY.— 
‘‘(1) APPROPRIATION.—There are hereby ap-
propriated from the Fund such sums as are required
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to pay the relocation costs specified in subsection 
(c). 
‘‘(2) TRANSFER
CONDITIONS.—None of the 
funds provided under this subsection may be trans-
ferred to any eligible Federal entity— 
‘‘(A) unless the Director of OMB has de-
termined, in consultation with the NTIA, the 
appropriateness of such costs and the timeline 
for relocation; and 
‘‘(B) until 30 days after the Director of 
OMB has submitted to the Committees on Ap-
propriations and Energy and Commerce of the 
House of Representatives for approval, to the 
Committees on Appropriations and Commerce, 
Science, and Transportation of the Senate for 
approval, and to the Comptroller General a de-
tailed plan describing specifically how the sums 
transferred from the Fund will be used to pay 
relocation costs in accordance with such sub-
section and the timeline for such relocation. 
Unless disapproved within 30 days, the amounts in 
the Fund shall be available immediately. If the plan 
is disapproved, the Director may resubmit a revised 
plan.
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‘‘(3) REVERSION
OF
UNUSED
FUNDS.—Any 
auction proceeds in the Fund that are remaining 
after the payment of the relocation costs that are 
payable from the Fund shall revert to and be depos-
ited in the general fund of the Treasury not later 
than 8 years after the date of the deposit of such 
proceeds to the Fund. 
‘‘(e) TRANSFER TO ELIGIBLE FEDERAL ENTITIES.— 
‘‘(1) TRANSFER.— 
‘‘(A) Amounts made available pursuant to 
subsection (d) shall be transferred to eligible 
Federal entities, as defined in section 113(g)(1) 
of this Act. 
‘‘(B) An eligible Federal entity may receive 
more than one such transfer, but if the sum of 
the subsequent transfer or transfers exceeds 10 
percent of the original transfer— 
‘‘(i) such subsequent transfers are 
subject to prior approval by the Director of 
OMB as required by subsection (d)(2)(A); 
‘‘(ii) the notice to the committees con-
taining the plan required by subsection 
(d)(2)(B) shall be not less than 45 days 
prior to the date of the transfer that 
causes such excess above 10 percent;
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‘‘(iii) such notice shall include, in ad-
dition to such plan, an explanation of need 
for such subsequent transfer or transfers; 
and 
‘‘(iv) the Comptroller General shall, 
within 30 days after receiving such plan, 
review such plan and submit to such com-
mittees an assessment of the explanation 
for the subsequent transfer or transfers. 
‘‘(C) Such transferred amounts shall be 
credited to the appropriations account of the el-
igible Federal entity which has incurred, or will 
incur, such costs, and shall, subject to para-
graph (2), remain available until expended. 
‘‘(2) RETRANSFER TO FUND.—An eligible Fed-
eral entity that has received such amounts shall re-
port its expenditures to OMB and shall transfer any 
amounts in excess of actual relocation costs back to 
the Fund immediately after the NTIA has notified 
the Commission that the entity’s relocation is com-
plete, or has determined that such entity has unrea-
sonably failed to complete such relocation in accord-
ance with the timeline required by subsection 
(d)(2)(A).’’.
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SEC. 205. TELECOMMUNICATIONS DEVELOPMENT FUND. 
Section 714(f) of the Communications Act of 1934 
(47 U.S.C. 614(f)) is amended to read as follows: 
‘‘(f) LENDING AND CREDIT OPERATIONS.—Loans or 
other extensions of credit from the Fund shall be made 
available to an eligible small business on the basis of— 
‘‘(1) the analysis of the business plan of the eli-
gible small business; 
‘‘(2) the reasonable availability of collateral to 
secure the loan or credit extension; 
‘‘(3) the extent to which the loan or credit ex-
tension promotes the purposes of this section; and 
‘‘(4) other lending policies as defined by the 
Board.’’. 
SEC. 206. CONSTRUCTION. 
Nothing in this title is intended to modify section 
1062(b) of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106–65). 
SEC. 207. ANNUAL REPORT. 
The National Telecommunications and Information 
Administration shall submit an annual report to the Com-
mittees on Appropriations and Energy and Commerce of 
the House of Representatives, the Committees on Appro-
priations and Commerce, Science, and Transportation of 
the Senate, and the Comptroller General on—
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(1) the progress made in adhering to the 
timelines applicable to relocation from eligible fre-
quencies required under section 118(d)(2)(A) of the 
National Telecommunications and Information Ad-
ministration Organization Act, separately stated on 
a communication system-by-system basis and on an 
auction-by-auction basis; and 
(2) with respect to each relocated communica-
tion system and auction, a statement of the estimate 
of relocation costs required under section 113(g)(4) 
of such Act, the actual relocations costs incurred, 
and the amount of such costs paid from the Spec-
trum Relocation Fund. 
SEC. 208. PRESERVATION OF AUTHORITY; NTIA REPORT 
REQUIRED. 
(a) SPECTRUM
MANAGEMENT
AUTHORITY
RE-
TAINED.—Except as provided with respect to the bands 
of frequencies identified in section 113(g)(2)(A) of the Na-
tional Telecommunications and Information Administra-
tion Organization Act (47 U.S.C. 923(g)(2)(A)) as amend-
ed by this title, nothing in this title or the amendments 
made by this title shall be construed as limiting the Fed-
eral Communications Commission’s authority to allocate 
bands of frequencies that are reallocated from Federal use
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to non-Federal use for unlicensed, public safety, shared, 
or non-commercial use. 
(b) NTIA REPORT REQUIRED.—Within 1 year after 
the date of enactment of this Act, the Administrator of 
the National Telecommunications and Information Ad-
ministration shall submit to the Energy and Commerce 
Committee of the House of Representatives and the Com-
merce, Science, and Transportation Committee of the Sen-
ate a report on various policy options to compensate Fed-
eral entities for relocation costs when such entities’ fre-
quencies are allocated by the Commission for unlicensed, 
public safety, shared, or non-commercial use. 
SEC. 209. COMMERCIAL SPECTRUM LICENSE POLICY RE-
VIEW. 
(a) EXAMINATION.—The Comptroller General shall 
examine national commercial spectrum license policy as 
implemented by the Federal Communications Commission, 
and shall report its findings to the Senate Committee on 
Commerce, Science, and Transportation and the House of 
Representatives Committee on Energy and Commerce 
within 270 days. 
(b) CONTENT.—The report shall address each of the 
following: 
(1) An estimate of the respective proportions of 
electromagnetic spectrum capacity that have been
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assigned by the Federal Communications Commis-
sion— 
(A) prior to enactment of section 309(j) of 
the Communications Act of 1934 (47 U.S.C. 
309(j)) providing to the Commission’s competi-
tive bidding authority, 
(B) after enactment of that section using 
the Commission’s competitive bidding authority, 
and 
(C) by means other than competitive bid-
ding, 
and a description of the classes of licensees assigned 
under each method. 
(2) The extent to which requiring entities to ob-
tain licenses through competitive bidding places 
those entities at a competitive or financial disadvan-
tage to offer services similar to entities that did not 
acquire licenses through competitive bidding. 
(3) The effect, if any, of the use of competitive 
bidding and the resulting diversion of licensees’ fi-
nancial resources on the introduction of new services 
including the quality, pace, and scope of the offering 
of such services to the public. 
(4) The effect, if any, of participation in com-
petitive bidding by incumbent spectrum license hold-
HR 5419 RDS 
ers as applicants or investors in an applicant, includ-
ing a discussion of any additional effect if such ap-
plicant qualified for bidding credits as a designated 
entity. 
(5) The effect on existing license holders and 
consumers of services offered by these providers of 
the Administration’s Spectrum License User Fee 
proposal contained in the President’s Budget of the 
United States Government for Fiscal Year 2004 
(Budget, page 299; Appendix, page 1046), and an 
evaluation of whether the enactment of this proposal 
could address, either in part or in whole, any pos-
sible competitive disadvantages described in para-
graph (2). 
(c) FCC ASSISTANCE.—The Federal Communica-
tions Commission shall provide information and assist-
ance, as necessary, to facilitate the completion of the ex-
amination required by subsection (a). 
TITLE III—UNIVERSAL SERVICE 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Universal Service 
Antideficiency Temporary Suspension Act’’.
HR 5419 RDS 
SEC. 302. APPLICATION OF CERTAIN TITLE 31 PROVISIONS 
TO UNIVERSAL SERVICE FUND. 
(a) IN GENERAL.—During the period beginning on 
the date of enactment of this Act and ending on December 
31, 2005, section 1341 and subchapter II of chapter 15 
of title 31, United States Code, do not apply— 
(1) to any amount collected or received as Fed-
eral universal service contributions required by sec-
tion 254 of the Communications Act of 1934 (47 
U.S.C. 254), including any interest earned on such 
contributions; nor 
(2) to the expenditure or obligation of amounts 
attributable to such contributions for universal serv-
ice support programs established pursuant to that 
section. 
(b) POST-2005 FULFILLMENT OF PROTECTED OBLI-
GATIONS.—Section 1341 and subchapter II of chapter 15 
of title 31, United States Code, do not apply after Decem-
ber 31, 2005, to an expenditure or obligation described 
in subsection (a)(2) made or authorized during the period 
described in subsection (a). 
Passed the House of Representatives November 20, 
2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.