SEC. 103. PUBLIC BROADBAND INFRASTRUCTURE INVEST-
MENTS. 
Part A of the National Telecommunications and In-
formation Administration Organization Act is amended by 
adding after section 106 (as added by section 102 of this 
Act) the following new section: 
‘‘SEC. 107. PUBLIC BROADBAND INFRASTRUCTURE INVEST-
MENTS PROGRAM. 
‘‘(a) GRANT PROGRAM AUTHORIZED.—From the 
funds available under section 309A(d)(2) of the Commu-
nications Act of 1934, the Secretary shall carry out a Pub-
lic Broadband Infrastructure Investments Program in ac-
cordance with the requirements of this section. 
‘‘(b) USE OF GRANT FUNDS.—
‘‘(1) PERMITTED USES.—Funds made available 
by a grant under this section may be used for—
‘‘(A) local and regional initiatives that ex-
pand public access to advanced telecommuni-
cations and information services at locations 
that are accessible to the general public; 
‘‘(B) 
deployment 
of 
broadband 
tele-
communications services in unserved rural 
areas; and 
‘‘(C) 
deployment 
of 
broadband 
tele-
communications services to low-income housing 
and community centers.
‘‘(2) 
REQUIRED
USES.—Not 
to 
exceed 
$300,000,000 from the funds available under section 
309A(d)(2) of the Communications Act of 1934 for 
each of the first 5 fiscal years shall be made avail-
able by grant for the purpose of converting public 
broadcasting facilities to digital technology through 
the public telecommunications facilities program 
under section 392 of the Communications Act of 
1934. 
‘‘(c) ELIGIBLE APPLICANTS.—The following organi-
zations and agencies shall be eligible to apply for funds 
under this subsection (b)(1): 
‘‘(1) a nonprofit agency or organization that is 
exempt from income taxes under section 501(c)(3) 
of the Internal Revenue Code of 1986; or 
‘‘(2) an agency or instrumentality of a State or 
local government of the United States (including an 
agency or instrumentality of a territory or posses-
sion of the United States). 
‘‘(d) APPLICATION.—Any organization or entity seek-
ing a grant under this section shall submit to the Sec-
retary an application at such time, in such manner, and 
containing or accompanied by such information and assur-
ances as the Secretary may require by regulation.’’.
TITLE II—CREATION OF SPEC-
TRUM COMMONS AND AVAIL-
ABILITY OF SPECTRUM FOR 
ADVANCED WIRELESS SERV-
ICES 
SEC. 201. AVAILABILITY OF SPECTRUM FOR ADVANCED 
WIRELESS SERVICES. 
(a) IDENTIFICATION.—Section 113 of the National 
Telecommunications and Information Administration Or-
ganization Act (47 U.S.C. 923) is amended by adding at 
the end thereof the following new subsection: 
‘‘(j) CREATION OF SPECTRUM COMMONS AND DES-
IGNATION
OF SPECTRUM
FOR ADVANCED WIRELESS 
SERVICES; RELOCATION PLAN.—
‘‘(1) PLAN
REQUIRED.—The Secretary shall, 
not later than January 1, 2003, prepare, make pub-
licly available, and submit to the President, the Con-
gress, and the Commission a report that—
‘‘(A) designates a 20-megahertz band of 
contiguous 
frequencies 
located 
below 
gigahertz, and a band of between 3 and 500 
megahertz of contiguous frequencies above 2 
gigahertz and below 6 gigahertz, for realloca-
tion to the public for unlicensed use;
‘‘(B) designates bands of frequencies for 
reallocation for the provision of advanced wire-
less services; and 
‘‘(C) in consultation with the Commission, 
establishes a plan for the relocation or modi-
fication of Federal Government stations cur-
rently occupying the band of frequencies located 
at 1,710–1,850 megahertz, including a descrip-
tion of the phases by which such relocation or 
modification shall be accomplished consistent 
with the public interest. 
‘‘(2) DEADLINES.—
‘‘(A) 
MINIMUM
FOR
2005.—Notwith-
standing any other provision of law, such plan 
shall ensure that not less than 30, but not more 
than 45, megahertz of paired spectrum is avail-
able and usable for advanced wireless services 
by December 31, 2005. 
‘‘(B) 
MINIMUM
FOR
2008.—Notwith-
standing any other provision of law, such plan 
shall ensure that an additional 50 megahertz of 
paired spectrum is made available and usable 
for advanced wireless services by December 31, 
2008.
‘‘(C) POTENTIAL
ADDITIONAL
SPECTRUM 
FOR TIMELY REALLOCATION.—Notwithstanding 
any other provision of law, the Commission 
shall ensure that any rules necessary to effec-
tuate the timely transition to digital television 
are promulgated and completed by the Commis-
sion prior to making available the bands of fre-
quencies at 747–762 and 777–792 megahertz 
for advanced wireless services or other competi-
tive wireless services. The Commission shall en-
sure that any plan to achieve the clearance of 
such frequencies shall not result in the unjust 
enrichment of any incumbent licensee. 
‘‘(D) DEFINITION.—For the purposes of 
subparagraph (C), the term ‘rules necessary to 
effectuate the timely transition to digital tele-
vision’ includes rules requiring must-carry of 
free, over-the-air signals of broadcast television 
stations, minimum digital television network 
programming and broadcasting requirements, 
and rules requiring that models of television re-
ceiver equipment have the capability of dis-
playing digital television signals by certain 
dates.’’.
(b) ALLOCATION.—Section 115 of the National Tele-
communications and Information Administration Organi-
zation Act (47 U.S.C. 925) is amended by adding at the 
end the following new subsection: 
‘‘(d) ALLOCATION
OF SPECTRUM
FOR ADVANCED 
WIRELESS SERVICES.—
‘‘(1) IN GENERAL.—With respect to the fre-
quencies identified in section 113(j)(1)(A) and in 
section 113(j)(1)(B), the Commission shall, within 
60 days of the release of the report required by sec-
tion 113(j), commence a proceeding to allocate such 
frequencies for advanced wireless services and adopt 
technical, licensing, and service rules applicable to 
such frequencies. Such frequencies shall be assigned 
by competitive bidding pursuant to section 309(j) of 
the 1934 Act on a schedule consistent with the relo-
cation 
plan 
established 
pursuant 
to 
section 
113(j)(1)(B) and the requirements of section 
113(g)(1)(A). 
‘‘(2) SPECTRUM
COMMONS.—With respect to 
the frequencies designated for reallocation pursuant 
to section 113(j)(1)(C), the Commission shall—
‘‘(A) establish any rules necessary for unli-
censed use of such spectrum including—
‘‘(i) standards for interference protec-
tion; and 
‘‘(ii) rules ensuring that all wireless 
broadband devices meet minimum technical 
standards; and 
‘‘(B) make such spectrum available to the 
public by December 31, 2004.’’. 
SEC. 202. RELOCATION OF FEDERAL GOVERNMENT STA-
TIONS. 
(a) RELOCATION FROM SPECTRUM FOR ADVANCED 
WIRELESS SERVICES.—Section 113(g) of National Tele-
communications and Information Administration Organi-
zation Act (47 U.S.C. 923(g)) is amended by adding at 
the end the following new paragraph: 
‘‘(4) SPECIAL
PROVISIONS
FOR
RELOCATION 
FROM SPECTRUM FOR ADVANCED WIRELESS SERV-
ICES.—
‘‘(A) APPLICABILITY.—The provisions of 
this paragraph shall apply in lieu of the provi-
sions of paragraphs (1) through (3) with re-
spect to relocating the operations of Federal en-
tities from the frequencies reallocated to ad-
vanced wireless services under section 115(d). 
‘‘(B) AUTHORITY TO ACCEPT COMPENSA-
TION.—In order to expedite the commercial use
of the electromagnetic spectrum and notwith-
standing section 3302(b) of title 31, United 
States Code, the head of any Federal entity 
may accept from the Spectrum Relocation 
Trust Fund compensation for the costs of relo-
cating such entity’s operations from one or 
more frequencies to another frequency or fre-
quencies. The costs for which the Federal entity 
shall be compensated shall be the relocation 
costs of the entity’s operations, except that the 
entity may be compensated for the replacement 
costs of relocating a particular station if the 
head of such entity can demonstrate to the 
President that such a level of compensation is 
vital to the national security or public safety. 
‘‘(C) REQUIREMENT TO COMPENSATE FED-
ERAL ENTITIES.—The Federal entity shall be 
compensated in advance for the costs that the 
Federal entity incurs under subparagraph (B). 
Such compensation may take the form of a cash 
payment or in-kind compensation. Such com-
pensation shall come from the Spectrum Relo-
cation Trust Fund. 
‘‘(D) 
SPECTRUM
RELOCATION
TRUST 
FUND.—
‘‘(i) ESTABLISHMENT.—There is es-
tablished in the Treasury a Spectrum Relo-
cation Trust Fund (referred to in this sub-
paragraph as the ‘Fund’), consisting of 
amounts deposited pursuant to section 
309(j)(8)(D)(i) of the 1934 Act. 
‘‘(ii) EXPENDITURE OF AMOUNTS FOR 
REIMBURSEMENT
OF
RELOCATED
OPER-
ATIONS.—The Secretary of the Treasury 
shall transfer from the Fund to each Fed-
eral entity the sums identified under sub-
paragraph (B) to pay the costs of reloca-
tion or modification of the entity’s stations 
and the head of such entity shall use such 
sums to make payments to satisfy such 
costs. 
‘‘(iii) MAXIMUM
DEPOSITS.—If the 
NTIA determines that the proceeds of an 
auction the proceeds of which are required 
to be deposited in the Fund have exceeded 
or will exceed a sum equal to (I) the re-
placement costs incurred in connection 
with such auction, plus (II) 10 percent of 
any auction proceeds above such amount, 
the NTIA shall notify the Secretary of the
Treasury. Upon receipt of such notice, the 
Secretary of the Treasury shall, notwith-
standing section 309(j)(8) of the Commu-
nications 
Act 
of 
1934 
(47 
U.S.C. 
309(j)(8)), transfer the remainder of the 
proceeds of any such auction in excess of 
such sum to the Digital Dividends Trust 
Fund established by section 309A of the 
1934 Act. 
‘‘(iv) 
TERMINATION.—When 
the 
NTIA determines that no additional Fed-
eral Government stations need to be relo-
cated or modified, NTIA shall notify the 
Secretary of the Treasury, who shall termi-
nate the Fund. Any unallocated funds re-
maining in the Fund shall be transferred 
to the Fund specified in clause (iii).’’. 
SEC. 203. DEFINITIONS. 
Section 111 of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 
921) is amended by adding at the end the following new 
paragraphs: 
‘‘(4) The term ‘relocation costs’ means the costs 
that will be incurred by a Federal entity to achieve 
comparable capability of systems that are relocated
to a new frequency assignment or band or otherwise 
modified, including the costs of any modification, re-
placement, or reissuance of equipment and facilities 
incurred by that entity. 
‘‘(5) The term ‘replacement costs’ means the 
costs that would be incurred by a Federal entity to 
replace existing equipment or facilities in order to 
relocate to a new frequency assignment or band.’’. 
TITLE 
III—DISTRIBUTION 
OF 
PROCEEDS OF AUCTIONS FOR 
ADVANCED WIRELESS SERV-
ICES 
SEC. 301. DIVISION BETWEEN TRUST FUNDS. 
Section 309(j)(8) of the Communications Act of 1934 
(47 U.S.C. 309(j)(8)) is amended—
(1) in subparagraph (A), by striking ‘‘subpara-
graph (B)’’ and inserting ‘‘subparagraphs (B) and 
(D)’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(D) PROCEEDS
OF
AUCTIONS
FOR
AD-
VANCED
WIRELESS
SERVICES.—Notwith-
standing subparagraph (A), the proceeds of any 
competitive bidding under this subsection with 
respect to the spectrum allocated for advanced
wireless services pursuant to section 115(d)(1) 
of the National Telecommunications and Infor-
mation Administration Organization Act shall, 
after the deduction of salaries and expenses re-
quired by subparagraph (B), be allocated as fol-
lows: 
‘‘(i) the first $5,000,000,000 shall be 
deposited in the Relocated Federal Entities 
Trust 
Fund 
established 
BY 
section 
113(g)(4)(D) of such Act; and 
‘‘(ii) the remainder of the proceeds of 
such competitive bidding shall be deposited 
in the Digital Dividends Trust Fund estab-
lished by section 309A of this Act.’’.
Æ