H. R. 2264—76
‘‘(b) IMPLEMENTATION OF NEW TECHNOLOGIES AND SERVICES.—
Notwithstanding any other provision of this part—
‘‘(1) the Secretary may, consistent with section 104(e) of
this Act, at any time allow frequencies allocated on a primary
basis for Federal Government use to be used by non-Federal
licensees on a mixed-use basis for the purpose of facilitating
the prompt implementation of new technologies or services
and for other purposes; and
‘‘(2) the Commission shall make any allocation and licens-
ing decisions with respect to such frequencies in a timely man-
ner and in no event later than the date required by section
7 of the 1934 Act.’’.
(b) CONFORMING AMENDMENT TO ENSURE COLLECTION OF FCC
FEES.—Section 104 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 903) is
amended by adding at the end the following new subsection:
‘‘(e) PROOF OF COMPLIANCE WITH FCC LICENSING REQUIRE-
MENTS.—
‘‘(1) AMENDMENT TO MANUAL REQUIRED.—Within 90 days
after the date of enactment of this subsection, the Secretary
and the NTIA shall amend the spectrum management docu-
ment described in subsection (a) to require that—
‘‘(A) no person or entity (other than an agency or
instrumentality of the United States) shall be permitted,
after 1 year after such date of enactment, to operate a
radio station utilizing a frequency that is authorized for
the use of government stations pursuant to section
103(b)(2)(A) of this Act for any non-government application
unless such person or entity has submitted to the NTIA
proof, in a form prescribed by such manual, that such
person or entity has obtained a license from the Commis-
sion; and
‘‘(B) no person or entity (other than an agency or
instrumentality of the United States) shall be permitted,
after 1 year after such date of enactment, to utilize a
radio station belonging to the United States for any non-
government application unless such person or entity has
submitted to the NTIA proof, in a form prescribed by
such manual, that such person or entity has obtained a
license from the Commission.
‘‘(2) RETENTION OF FORMS.—The NTIA shall maintain on
file the proofs submitted under paragraph (1), or facsimiles
thereof.
‘‘(3) CERTIFICATION.—Within 1 year after the date of enact-
ment of this subsection, the Secretary and the NTIA shall
certify to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate that—
‘‘(A) the amendments required by paragraph (1) have
been accomplished; and
‘‘(B) the requirements of subparagraphs (A) and (B)
of such paragraph are being enforced.’’.
SEC. 6002. AUTHORITY TO USE COMPETITIVE BIDDING.
(a) USE OF COMPETITIVE BIDDING.—Section 309 of the Commu-
nications Act of 1934 (47 U.S.C. 309) is amended by adding at
the end the following new subsection:
H. R. 2264—77
‘‘(j) USE OF COMPETITIVE BIDDING.—
‘‘(1) GENERAL AUTHORITY.—If mutually exclusive applica-
tions are accepted for filing for any initial license or construc-
tion permit which will involve a use of the electromagnetic
spectrum described in paragraph (2), then the Commission
shall have the authority, subject to paragraph (10), to grant
such license or permit to a qualified applicant through the
use of a system of competitive bidding that meets the require-
ments of this subsection.
‘‘(2) USES TO WHICH BIDDING MAY APPLY.—A use of the
electromagnetic spectrum is described in this paragraph if the
Commission determines that—
‘‘(A) the principal use of such spectrum will involve,
or is reasonably likely to involve, the licensee receiving
compensation from subscribers in return for which the
licensee—
‘‘(i) enables those subscribers to receive commu-
nications signals that are transmitted utilizing fre-
quencies on which the licensee is licensed to operate;
or
‘‘(ii) enables those subscribers to transmit directly
communications signals utilizing frequencies on which
the licensee is licensed to operate; and
‘‘(B) a system of competitive bidding will promote the
objectives described in paragraph (3).
‘‘(3) DESIGN
OF
SYSTEMS
OF
COMPETITIVE
BIDDING.—For
each class of licenses or permits that the Commission grants
through the use of a competitive bidding system, the Commis-
sion shall, by regulation, establish a competitive bidding meth-
odology. The Commission shall seek to design and test multiple
alternative methodologies under appropriate circumstances. In
identifying classes of licenses and permits to be issued by
competitive 
bidding, 
in 
specifying 
eligibility 
and 
other
characteristics of such licenses and permits, and in designing
the methodologies for use under this subsection, the Commis-
sion shall include safeguards to protect the public interest
in the use of the spectrum and shall seek to promote the
purposes specified in section 1 of this Act and the following
objectives:
‘‘(A) the development and rapid deployment of new
technologies, products, and services for the benefit of the
public, including those residing in rural areas, without
administrative or judicial delays;
‘‘(B) promoting economic opportunity and competition
and ensuring that new and innovative technologies are
readily accessible to the American people by avoiding exces-
sive concentration of licenses and by disseminating licenses
among a wide variety of applicants, including small
businesses, rural telephone companies, and businesses
owned by members of minority groups and women;
‘‘(C) recovery for the public of a portion of the value
of the public spectrum resource made available for commer-
cial use and avoidance of unjust enrichment through the
methods employed to award uses of that resource; and
‘‘(D) efficient and intensive use of the electromagnetic
spectrum.