ing increased recurring costs associated with 
the replacement of facilities; 
‘‘(C) the costs of research, engineering 
studies, economic analyses, or other expenses 
reasonably incurred in connection with— 
‘‘(i) calculating the estimated reloca-
tion costs that are provided to the Com-
mission pursuant to paragraph (4) of this 
subsection, or in calculating the estimated 
sharing costs; 
‘‘(ii) determining the technical or 
operational feasibility of relocation to 1 or 
more potential relocation bands; or 
‘‘(iii) planning for or managing a relo-
cation or sharing project (including spec-
trum coordination with auction winners) or 
potential relocation or sharing project; 
‘‘(D) the one-time costs of any modifica-
tion of equipment reasonably necessary to ac-
commodate commercial use of shared fre-
quencies or, in the case of frequencies reallo-
cated to exclusive commercial use, prior to the 
termination of the Federal entity’s primary allo-
cation or protected status, when the eligible fre-
quencies as defined in paragraph (2) of this 
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subsection are made available for private sector 
uses by competitive bidding and a Federal enti-
ty retains primary allocation or protected status 
in those frequencies for a period of time after 
the completion of the competitive bidding proc-
ess; 
‘‘(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 or the timely accommodation of 
sharing of Federal frequencies; and 
‘‘(F) the costs of the use of commercial 
systems (including systems not utilizing spec-
trum) to replace Federal systems discontinued 
or relocated pursuant to this Act, including 
lease (including lease of land), subscription, and 
equipment costs over an appropriate period, 
such as the anticipated life of an equivalent 
Federal system or other period determined by 
the Director of the Office of Management and 
Budget.’’. 
(d) SPECTRUM SHARING.—Section 113(g) of the Na-
tional Telecommunications and Information Administra-
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sroberts on DSK5SPTVN1PROD with BILLS
tion Organization Act (47 U.S.C. 923(g)) is amended by 
adding at the end the following: 
‘‘(7) SPECTRUM SHARING.—A Federal entity is 
permitted to allow access to its frequency assign-
ments by a non-Federal entity upon approval of 
NTIA, in consultation with the Director of the Of-
fice of Management and Budget. Such non-Federal 
entities shall comply with all applicable rules of the 
Commission and the NTIA, including any regula-
tions promulgated pursuant to this section. Any re-
muneration associated with such access shall be de-
posited into the Spectrum Relocation Fund estab-
lished under section 118. A Federal entity that in-
curs costs as a result of such access is eligible for 
payment from the Fund for the purposes specified in 
paragraph (3) of this section. The revenue associ-
ated with such access shall be at least 110 percent 
of the estimated Federal costs.’’. 
(e) SPECTRUM RELOCATION FUND.—Section 118 of 
the National Telecommunications and Information Ad-
ministration Organization Act (47 U.S.C. 928) is amend-
ed— 
(1) in subsection (b), by inserting before the pe-
riod at the end the following: ‘‘and any payments 
made by non-Federal entities for access to Federal 
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sroberts on DSK5SPTVN1PROD with BILLS
100 
spectrum pursuant to section 113(g)(7) (47 U.S.C. 
113(g)(7))’’; 
(2) by amending subsection (c) to read as fol-
lows: 
‘‘(c) USE OF FUNDS.— 
‘‘(1) FUNDS FROM AUCTIONS.—The amounts in 
the Fund from auctions of eligible frequencies are 
authorized to be used to pay relocation costs, as 
such costs are defined in section 113(g)(3), of an eli-
gible Federal entity incurring such costs with re-
spect to relocation from any eligible frequency. 
‘‘(2) FUNDS
FROM
PAYMENTS
BY
NON-FED-
ERAL ENTITIES.—The amounts in the Fund from 
payments by non-Federal entities for access to Fed-
eral spectrum are authorized to be used to pay the 
sharing costs, as such costs are defined in section 
113(g)(3), of an eligible Federal entity incurring 
such costs. 
‘‘(3) TRANSFER OF FUNDS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Director of OMB may transfer 
at any time (including prior to any auction or 
contemplated auction, or sharing initiative) 
such sums as may be available in the Fund to 
an eligible Federal entity to pay eligible reloca-
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101 
tion or sharing costs related to pre-auction esti-
mates or research, as such costs are described 
in section 113(g)(3)(C). 
‘‘(B) NOTIFICATION.—No funds may be 
transferred pursuant to subparagraph (A) un-
less the notification provided under subsection 
(d)(2)(B) of this section includes a certification 
from the Director of OMB that— 
‘‘(i) funds transferred before an auc-
tion will likely allow for a timely relocation, 
thereby increasing net expected auction 
proceeds by an amount equal to or greater 
than the time value of the amount of funds 
transferred; and 
‘‘(ii) the auction is intended to occur 
within 5 years of transfer of funds. 
‘‘(C) APPLICABILITY.— 
‘‘(i) PRIOR
COSTS
INCURRED.—The 
Director of OMB may transfer up to 
$10,000,000 to eligible Federal entities for 
eligible relocation or sharing costs related 
to pre-auction estimates or research, as 
such 
costs 
are 
described 
in 
section 
113(g)(3)(C), for costs incurred prior to 
the date of the enactment of the Public 
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sroberts on DSK5SPTVN1PROD with BILLS
102 
Safety Spectrum and Wireless Innovation 
Act, but after June 28th, 2010. 
‘‘(ii) SUPPLEMENT NOT SUPPLANT.— 
Any amounts transferred by the Director 
of OMB pursuant to clause (i) shall be in 
addition to any amounts that the Director 
of OMB may transfer after the date of the 
enactment of the Public Safety Spectrum 
and Wireless Innovation Act.’’; 
(3) in subsection (d)— 
(A) in paragraph (1), by inserting ‘‘and 
sharing’’ before ‘‘costs’’; 
(B) in paragraph (2)(B)— 
(i) by inserting ‘‘and sharing’’ before 
‘‘costs’’; and 
(ii) by inserting ‘‘and sharing’’ before 
the period at the end; and 
(C) by amending paragraph (3) to read as 
follows: 
‘‘(3) REVERSION OF UNUSED FUNDS.— 
‘‘(A) IN GENERAL.—Any amounts in the 
Fund that are remaining after the payment of 
the relocation and sharing costs that are pay-
able from the Fund shall revert to and be de-
posited in the General Fund of the Treasury 
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103 
not later than 8 years after the date of the de-
posit of such proceeds to the Fund, unless with-
in 60 days in advance of the reversion of such 
funds, the Director of OMB, in consultation 
with the Assistant Secretary for Communica-
tions and Information, notifies the appropriate 
committees of Congress that such funds are 
needed to complete or to implement current or 
future relocations or sharing initiatives. 
‘‘(B) DEFINITION.—In this paragraph, the 
term ‘appropriate committees of Congress’ 
means— 
‘‘(i) the Committee on Appropriations 
of the Senate; 
‘‘(ii) the Committee on Commerce, 
Science, and Transportation of the Senate; 
‘‘(iii) the Committee on Appropria-
tions of the House of Representatives; and 
‘‘(iv) the Committee on Energy and 
Commerce of the House of Representa-
tives.’’; 
(4) in subsection (e)(2)— 
(A) by inserting ‘‘and sharing’’ before 
‘‘costs’’; 
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sroberts on DSK5SPTVN1PROD with BILLS
104 
(B) by inserting ‘‘or sharing’’ before ‘‘is 
complete’’; and 
(C) by inserting ‘‘or sharing’’ before ‘‘in 
accordance’’; and 
(5) by adding at the end the following: 
‘‘(f) ADDITIONAL PAYMENTS FROM THE FUND.— 
Notwithstanding subsections (c) through (e), after the 
date of the enactment of the Public Safety Spectrum and 
Wireless Innovation Act, and following the credit of any 
amounts specified in subsection (b), there are hereby ap-
propriated from the Fund and available to the Director 
of the OMB up to 10 percent of the amounts deposited 
in the Fund from the auction of licenses for frequencies 
of spectrum vacated by Federal entities, or up to 10 per-
cent of the amounts deposited in the Fund by non-Federal 
entities for sharing of Federal spectrum. The Director of 
OMB, in consultation with the Assistant Secretary for 
Communications and Information, may use such amounts 
to pay eligible Federal entities for the purpose of encour-
aging timely access to such spectrum, provided that— 
‘‘(1) any such payment by the Director of OMB 
is based on the market value of the spectrum, the 
timeliness with which the licensee cleared its use of 
such spectrum, and the need for such spectrum in 
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105 
order for the Federal entity to conduct its essential 
missions; 
‘‘(2) any such payment by the Director of OMB 
is used to carry out the purposes specified in sub-
paragraphs (A) through (F) of paragraph (3) of 
subsection 113(g) to achieve enhanced capability for 
those systems affected by reallocation of Federal 
spectrum to commercial use, or by sharing of Fed-
eral frequencies with non-Federal entities; 
‘‘(3) the amount remaining in the Fund after 
any such payment by the Director is not less than 
10 percent of the winning bids in the relevant auc-
tion, or is not less than 10 percent of the payments 
from non-Federal entities in the relevant sharing 
agreement; and 
‘‘(4) any such payment by the Director shall 
not be made until 30 days after the Director has no-
tified the Committees on Appropriations and Com-
merce, Science, and Transportation of the Senate, 
and the Committees on Appropriations and Energy 
and Commerce of the House of Representatives.’’. 
(f) COMPETITIVE BIDDING; TREATMENT OF REVE-
NUES.—Subparagraph (D) of section 309(j)(8) of the 
Communications Act of 1934 (47 U.S.C. 309(j)(8)) is 
amended by inserting ‘‘excluding frequencies identified by 
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sroberts on DSK5SPTVN1PROD with BILLS
106 
the Federal Communications Commission to be auctioned 
in conjunction with eligible frequencies described in sec-
tion 113(g)(2)’’ before ‘‘shall be deposited’’. 
(g) PUBLIC DISCLOSURE AND NONDISCLOSURE.—If 
the head of an executive agency of the Federal Govern-
ment determines that public disclosure of any information 
contained in notifications and reports required by sections 
113 or 118 of the National Telecommunications and In-
formation Administration Organization Act (47 U.S.C. 
923 and 928) would reveal classified national security in-
formation or other information for which there is a legal 
basis for nondisclosure and such public disclosure would 
be detrimental to national security, homeland security, 
public safety, or jeopardize law enforcement investiga-
tions, the head of the executive agency shall notify the 
NTIA of that determination prior to release of such infor-
mation. In that event, such classified information shall be 
included in a separate annex, as needed. These annexes 
shall be provided to the appropriate subcommittee in ac-
cordance with appropriate national security stipulations, 
but shall not be disclosed to the public or provided to any 
unauthorized person through any other means. 
SEC. 515. REPORT ON SPECTRUM SHARING. 
(a) IDENTIFICATION
OF SPECTRUM; REPORT
TO 
CONGRESS.—Not later than 1 year after the date of enact-
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107 
ment of this Act, the NTIA shall conduct a study and sub-
mit a report to the appropriate committees of Congress— 
(1) that identifies spectrum between 225 MHz 
and 3700 MHz operated or licensed by a Federal en-
tity that the NTIA, in consultation with the Com-
mission, determines appropriate for sharing with 
non-government entities or non-Federal government 
entities, including, after taking into account any 
spectrum identified by the NTIA in its October 2010 
report entitled ‘‘An Assessment of the Near-Term 
Viability of Accommodating Wireless Broadband 
Systems in the 1675–1710 MHz, 1755–1780 MHz, 
3500–3650 MHz, and 4200–4220 MHz, 4380–4400 
MHz Bands’’, the additional 100 MHz most likely to 
be appropriate for wireless broadband operations; 
and 
(2) on how Federal entities can utilize dynamic 
spectrum sharing technologies to allow non-govern-
ment entities or non-Federal government entities to 
share underutilized spectrum without interference to 
the primary usage by the Federal Government of 
that spectrum, including through use of cognitive 
radio and sensing technologies and database and 
geolocation approaches. 
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