IB
Union Calendar No. 8
103D CONGRESS
1ST SESSION
H. R. 707
[Report No. 103–19]
To establish procedures to improve the allocation and assignment of the
electromagnetic spectrum, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 2, 1993
Mr. DINGELL (for himself and Mr. MARKEY) introduced the following bill;
which was referred to the Committee on Energy and Commerce
FEBRUARY 24, 1993
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
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. AMENDMENT TO THE NATIONAL TELECOMMUNI-
CATIONS AND INFORMATION ADMINISTRA-
TION ORGANIZATION ACT.
The National Telecommunications and Information
Administration Organization Act is amended—
(1) by redesignating part B as part C; and
(2) by inserting after part A the following new
part:
‘‘PART B—EMERGING TELECOMMUNICATIONS
TECHNOLOGIES
‘‘SEC. 111. FINDINGS.
‘‘The Congress finds that—
‘‘(1) the Federal Government currently reserves
for its own use, or has priority of access to, approxi-
mately 40 percent of the electromagnetic spectrum
that is assigned for use pursuant to the Communica-
tions Act of 1934;
‘‘(2) many of such frequencies are underutilized
by Federal Government licensees;
‘‘(3) the public interest requires that many of
such frequencies be utilized more efficiently by Fed-
eral Government and non-Federal licensees;
‘‘(4) additional frequencies are assigned for
services that could be obtained more efficiently from
commercial carriers or other vendors;
‘‘(5) scarcity of assignable frequencies for li-
censing by the Commission can and will—
‘‘(A) impede the development and commer-
cialization of new telecommunications products
and services;
‘‘(B) limit the capacity and efficiency of
the United States telecommunications systems;
‘‘(C) prevent some State and local police,
fire, and emergency services from obtaining ur-
gently needed radio channels; and
‘‘(D) adversely affect the productive capac-
ity and international competitiveness of the
United States economy;
‘‘(6) a reassignment of these frequencies can
produce significant economic returns; and
‘‘(7) the Secretary of Commerce, the President,
and the Federal Communications Commission should
be directed to take appropriate steps to correct these
deficiencies.
‘‘SEC. 112. NATIONAL SPECTRUM PLANNING.
‘‘(a) PLANNING ACTIVITIES.—The Assistant Sec-
retary and the Chairman of the Commission shall meet,
at least biannually, to conduct joint spectrum planning
with respect to the following issues—
‘‘(1) the future spectrum requirements for pub-
lic and private uses, including State and local gov-
ernment public safety agencies;
‘‘(2) the spectrum allocation actions necessary
to accommodate those uses; and
‘‘(3) actions necessary to promote the efficient
use of the spectrum, including spectrum manage-
ment techniques to promote increased shared use of
the spectrum that does not cause harmful inter-
ference as a means of increasing commercial access.
‘‘(b) REPORTS.—The Assistant Secretary and the
Chairman of the Commission shall submit a joint annual
report to the Committee on Energy and Commerce of the
House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, the Secretary,
and the Commission on the joint spectrum planning activi-
ties conducted under subsection (a) and recommendations
for action developed pursuant to such activities.
‘‘(c) REPORTING REQUIREMENTS.—The first annual
report submitted after the date of the report by the advi-
sory committee under section 113(d)(4) shall—
‘‘(1) include an analysis of and response to that
committee report; and
‘‘(2) include an analysis of the effect on spec-
trum efficiency and the cost of equipment to Federal
spectrum users of maintaining separate allocations
for Federal Government and non-Federal Govern-
ment licensees for the same or similar services.
‘‘SEC. 
113. 
IDENTIFICATION 
OF 
REALLOCABLE 
FRE-
QUENCIES.
‘‘(a) IDENTIFICATION REQUIRED.—The Secretary
shall, within 24 months after the date of the enactment
of this part, prepare and submit to the President and the
Congress a report identifying bands of frequencies that—
‘‘(1) are allocated on a primary basis for Fed-
eral Government use and eligible for licensing pursu-
ant to section 305(a) of the Act (47 U.S.C. 305(a));
‘‘(2) are not required for the present or identifi-
able future needs of the Federal Government;
‘‘(3) can feasibly be made available, as of the
date of submission of the report or at any time dur-
ing the next 15 years, for use under the Act (other
than for Federal Government stations under such
section 305);
‘‘(4) will not result in costs to the Federal Gov-
ernment, or losses of services or benefits to the pub-
lic, that are excessive in relation to the benefits that
may be obtained by non-Federal licensees; and
‘‘(5) are most likely to have the greatest poten-
tial for productive uses and public benefits under the
Act.
‘‘(b) MINIMUM
AMOUNT
OF
SPECTRUM
REC-
OMMENDED.—
‘‘(1) IN
GENERAL.—Based on the report re-
quired by subsection (a), the Secretary shall rec-
ommend for reallocation, for use other than by Fed-
eral Government stations under section 305 of the
Act (47 U.S.C. 305), bands of frequencies that span
a total of not less than 200 megahertz, that are lo-
cated below 6 gigahertz, and that meet the criteria
specified in paragraphs (1) through (4) of subsection
(a). The Secretary may not include, in such 200
megahertz, bands of frequencies that span more
than 20 megahertz and that are located between 5
and 6 gigahertz. If the report identifies (as meeting
such criteria) bands of frequencies spanning more
than 200 megahertz, the report shall identify and
recommend for reallocation those bands (spanning
not less than 200 megahertz) that meet the criteria
specified in paragraph (5) of such subsection.
‘‘(2) MIXED USES PERMITTED TO BE COUNT-
ED.—Bands of frequencies which the Secretary’s re-
port recommends be partially retained for use by
‘‘(c) CRITERIA FOR IDENTIFICATION.—
‘‘(1) NEEDS OF THE FEDERAL GOVERNMENT.—
In determining whether a band of frequencies meets
the criteria specified in subsection (a)(2), the Sec-
retary 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 carrier or other vendor;
‘‘(B) seek to promote—
‘‘(i) the maximum practicable reliance
on commercially available substitutes;
‘‘(ii) the sharing of frequencies (as
permitted 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 Federal
Government services and operations; and
‘‘(ii) excessive costs to the Federal
Government and users of Federal Govern-
ment services.
‘‘(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 Act (47 U.S.C. 303) over the course of not
less than 15 years;
‘‘(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
licensing by the Commission for non-Federal
use;
‘‘(D) seek to include frequencies which can
be used to stimulate the development of new
technologies; and
‘‘(E) consider the immediate and recurring
costs to reestablish services displaced by the
reallocation of spectrum.
‘‘(3) ANALYSIS OF BENEFITS.—In determining
whether a band of frequencies meets the criteria
specified in subsection (a)(4), the Secretary shall
consider—
‘‘(A) the extent to which equipment is or
will be available that is capable of utilizing the
band;
‘‘(B) the proximity of frequencies that are
already assigned for commercial or other non-
Federal use; and
‘‘(C) the activities of foreign governments
in making frequencies available for experimen-
tation or commercial assignments in order to
support their domestic manufacturers of equip-
ment.
‘‘(4) POWER AGENCY FREQUENCIES.—
‘‘(A) ELIGIBLE FOR MIXED USE ONLY.—
The frequencies assigned to any Federal power
agency may only be eligible for mixed use under
subsection (b)(2) in geographically separate
areas and shall not be recommended for the
purposes of withdrawing that assignment. In
any case where a frequency is to be shared by
an affected Federal power agency and a non-
Federal user, such use by the non-Federal user
shall, consistent with the procedures established
under subsection (b)(2)(C), not cause harmful
interference to the affected Federal power agen-
cy or adversely affect the reliability of its power
system.
‘‘(B) DEFINITION.—As used in this para-
graph, the term ‘Federal power agency’ means
the Tennessee Valley Authority, the Bonneville
Power Administration, the Western Area Power
Administration,
or
the
Southwestern
Power
Administration.
‘‘(d) 
PROCEDURE
FOR
IDENTIFICATION
OF
REALLOCABLE BANDS OF FREQUENCIES.—
‘‘(1) SUBMISSION OF PRELIMINARY IDENTIFICA-
TION TO CONGRESS.—Within 12 months after the
date of the enactment of this part, the Secretary
shall prepare and submit to the Congress a report
which 
makes 
a 
preliminary 
identification 
of
reallocable bands of frequencies which meet the cri-
teria established by this section.
‘‘(2) CONVENING OF ADVISORY COMMITTEE.—
Not later than the date the Secretary submits the
report required by paragraph (1), the Secretary shall
convene an advisory committee to—
‘‘(A) review the bands of frequencies iden-
tified in such report;
‘‘(B) advise the Secretary with respect to
(i) the bands of frequencies which should be in-
cluded in the final report required by subsection
(a), and (ii) the effective dates which should be
established under subsection (e) with respect to
such frequencies;
‘‘(C) receive public comment on the Sec-
retary’s report and on the final report; and
‘‘(D) prepare and submit the report re-
quired by paragraph (4).
The advisory committee shall meet at least monthly
until each of the actions required by section 114(a)
have taken place.
‘‘(3) COMPOSITION
OF
COMMITTEE; CHAIR-
MAN.—The advisory committee shall include—
‘‘(A) the Chairman of the Commission and
the Assistant Secretary, and one other rep-
resentative of the Federal Government as des-
ignated by the Secretary; and
‘‘(B) representatives of—
‘‘(i) United States manufacturers of
spectrum-dependent 
telecommunications
equipment;
‘‘(ii) commercial carriers;
‘‘(iii) other users of the electro-
magnetic spectrum, including radio and
television broadcast licensees, State and
local public safety agencies, and the avia-
tion industry; and
‘‘(iv) other interested members of the
public who are knowledgeable about the
uses of the electromagnetic spectrum.
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.
‘‘(4) RECOMMENDATIONS ON SPECTRUM ALLO-
CATION
PROCEDURES.—The advisory committee
shall, not later than 36 months after the date of the
enactment of this part, submit to the Secretary, the
Commission, the Committee on Energy and Com-
merce of the House of Representatives, and the
Committee on Commerce, Science, and Transpor-
tation of the Senate, a report containing such rec-
ommendations as the advisory committee considers
appropriate for the reform of the process of allocat-
ing the electromagnetic spectrum between Federal
and non-Federal use, and any dissenting views
thereon.
‘‘(e) TIMETABLE FOR REALLOCATION AND LIMITA-
TION.—