To amend the National Telecommunications and Information Adminstration Organization Act to facilitate the reallocation 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 enhanced 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 activated system; and to provide that funds received as universal 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.
PL 108-494 (H.R.5419), enacted 12/23/2004

118 STAT. 3986
PUBLIC LAW 108–494—DEC. 23, 2004
Public Law 108–494
108th Congress
An Act
To amend the National Telecommunications and Information Administration Organi-
zation Act to facilitate the reallocation of spectrum from governmental to commer-
cial users; to improve, enhance, and promote the Nation’s homeland security,
public safety, and citizen activated emergency response capabilities through the
use of enhanced 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 activated
system; and to provide that funds received as universal 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 Representatives of
the United States of America in Congress assembled,
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 security and
public safety, a universal emergency telephone number (911)
that is enhanced with the most modern and state-of-the-art
telecommunications capabilities possible should be available
to all citizens in all regions of the Nation;
(2) enhanced emergency communications require Federal,
State, and local government resources and coordination;
(3) any funds that are collected from fees imposed on con-
sumer 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 cooperation with State and local
governments and with the numerous organizations dedicated
to delivering emergency communications services.
SEC. 103. PURPOSES.
The purposes of this title are—
(1) to coordinate 911 services and E–911 services, at the
Federal, State, and local levels; and
47 USC 942 note.
47 USC 942 note.
47 USC 901 note.
Ensuring Needed
Help Arrives
Near Callers
Employing 911
Act of 2004.
Dec. 23, 2004
[H.R. 5419]
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118 STAT. 3987
PUBLIC LAW 108–494—DEC. 23, 2004
(2) to ensure that funds collected on telecommunications
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 OFFICE.—
‘‘(1) ESTABLISHMENT.—The Assistant Secretary and the
Administrator of the National Highway Traffic Safety Adminis-
tration shall—
‘‘(A) establish a joint program to facilitate coordination
and communication between Federal, State, and local emer-
gency communications systems, emergency personnel,
public safety organizations, telecommunications carriers,
and telecommunications equipment manufacturers and
vendors involved in the implementation of E–911 services;
and
‘‘(B) create an E-911 Implementation Coordination
Office to implement the provisions of this section.
‘‘(2) MANAGEMENT PLAN.—The Assistant Secretary and the
Administrator shall jointly develop a management plan for
the program established under this section. Such plan shall
include the organizational structure and funding profiles for
the 5-year duration of the program. The Assistant Secretary
and the Administrator shall, within 90 days after the date
of enactment of this Act, submit the management plan to
the Committees on Energy and Commerce and Appropriations
of the House of Representatives and the Committees on Com-
merce, Science, and Transportation and Appropriations of the
Senate.
‘‘(3) PURPOSE OF OFFICE.—The Office shall—
‘‘(A) take actions, in concert with coordinators des-
ignated in accordance with subsection (b)(3)(A)(ii), to
improve such coordination and communication;
‘‘(B) develop, collect, and disseminate information con-
cerning practices, procedures, and technology used in the
implementation of E–911 services;
‘‘(C) advise and assist eligible entities in the prepara-
tion of implementation plans required under subsection
(b)(3)(A)(iii);
‘‘(D) receive, review, and recommend the approval or
disapproval of applications for grants under subsection (b);
and
‘‘(E) oversee the use of funds provided by such grants
in fulfilling such implementation plans.
‘‘(4) REPORTS.—The Assistant Secretary and the Adminis-
trator shall provide a joint annual report to Congress by the
first day of October of each year on the activities of the Office
to improve coordination and communication with respect to
the implementation of E–911 services.
‘‘(b) PHASE II E–911 IMPLEMENTATION GRANTS.—
‘‘(1) MATCHING GRANTS.—The Assistant Secretary and the
Administrator, after consultation with the Secretary of Home-
land Security and the Chairman of the Federal Communications
Deadline.
47 USC 942.
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118 STAT. 3988
PUBLIC LAW 108–494—DEC. 23, 2004
Commission, and acting through the Office, shall provide grants
to eligible entities for the implementation and operation of
Phase II E–911 services.
‘‘(2) MATCHING REQUIREMENT.—The Federal share of the
cost of a project eligible for a grant under this section shall
not exceed 50 percent. The non-Federal share of the cost shall
be provided from non-Federal sources.
‘‘(3) COORDINATION REQUIRED.—In providing grants under
paragraph (1), the Assistant Secretary and the Administrator
shall require an eligible entity to certify in its application
that—
‘‘(A) in the case of an eligible entity that is a State
government, the entity—
‘‘(i) has coordinated its application with the public
safety answering points (as such term is defined in
section 222(h)(4) of the Communications Act of 1934)
located within the jurisdiction of such entity;
‘‘(ii) has designated a single officer or governmental
body of the entity to serve as the coordinator of
implementation of E–911 services, except that such
designation need not vest such coordinator with direct
legal authority to implement E–911 services or manage
emergency communications operations;
‘‘(iii) has established a plan for the coordination
and implementation of E–911 services; and
‘‘(iv) has integrated telecommunications services
involved in the implementation and delivery of phase
II E–911 services; 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 complied with clause (ii) of such subparagraph.
‘‘(4) CRITERIA.—The Assistant Secretary and the Adminis-
trator shall jointly issue regulations within 180 days after
the date of enactment of the ENHANCE 911 Act of 2004,
after a public comment period of not less than 60 days, pre-
scribing 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 financed 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–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 Sec-
retary 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
Regulations.
Deadlines.
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118 STAT. 3989
PUBLIC LAW 108–494—DEC. 23, 2004
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 condition of receipt of
the grant, that if the State or other taxing jurisdiction within
which the applicant is located, during any period of time during
which the funds from the grant are available to the applicant,
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 Office.
‘‘(4) PENALTY
FOR
PROVIDING
FALSE
INFORMATION.—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 sub-
section (b);
‘‘(B) return any grant awarded under subsection (b)
during the time that the certification was not valid; and
‘‘(C) not be eligible to receive any subsequent grants
under subsection (b).
‘‘(d) AUTHORIZATION; TERMINATION.—
‘‘(1) AUTHORIZATION.—There are authorized to be appro-
priated to the Department of Transportation, for the purposes
of grants under the joint program operated under this section
with the Department of Commerce, not more than $250,000,000
for each of the fiscal years 2005 through 2009, not more than
5 percent of which for any fiscal year may be obligated or
expended for administrative 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 ‘Administrator’ means the
Administrator of the National Highway Traffic Safety Adminis-
tration.
‘‘(3) ELIGIBLE ENTITY.—
‘‘(A) IN GENERAL.—The term ‘eligible entity’ 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 includes public
authorities, boards, commissions, and similar bodies cre-
ated by one or more eligible entities described in subpara-
graph (A) to provide E–911 services.
‘‘(C) EXCEPTION.—Such term does not include any
entity that has failed to submit the most recently required
certification under subsection (c) within 30 days after the
date on which such certification is due.
‘‘(4) E–911 SERVICES.—The term ‘E–911 services’ means
both phase I and phase II enhanced 911 services, as described
in section 20.18 of the Commission’s regulations (47 C.F.R.
20.18), as in effect on the date of enactment of the ENHANCE
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118 STAT. 3990
PUBLIC LAW 108–494—DEC. 23, 2004
911 Act of 2004, or as subsequently revised by the Federal
Communications Commission.
‘‘(5) PHASE
II
E–911 SERVICES.—The term ‘phase II E–
911 services’ means only phase II enhanced 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 initiate a study of—
(1) the imposition of taxes, fees, or other charges imposed
by States or political subdivisions of States that are designated
or presented as dedicated to improve emergency communica-
tions services, including 911 services or enhanced 911 services,
or related to emergency communications services 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 Transportation and the House of Rep-
resentatives Committee on Energy and Commerce setting forth
the findings, conclusions, and recommendations, if any, of the study,
including—
(1) the identity of each State or political subdivision that
imposes such taxes, fees, or other charges; and
(2) the amount of revenues obligated or expended by that
State or political subdivision for any purpose other than the
purposes for which such taxes, fees, or charges were designated
or presented.
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 submit a report to the
Committee on Energy and Commerce of the House of Representa-
tives and the Committee on Commerce, Science, and Transportation
of the Senate detailing—
(1) the number of tier III commercial mobile service pro-
viders 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;
Deadline.
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118 STAT. 3991
PUBLIC LAW 108–494—DEC. 23, 2004
(7) actions the Commission has taken to reduce the amount
of time a waiver request remains pending; and
(8) the technologies that are the most effective in the
deployment of phase II E–911 services by such tier III pro-
viders.
SEC. 107. FCC REQUIREMENTS FOR CERTAIN TIER III CARRIERS.
(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 Commission’s rules (47 C.F.R. 20.18(g)(1)(v))
within 100 days after the Commission receives the petition. The
Commission 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 section 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.
TITLE II—SPECTRUM RELOCATION
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Commercial Spectrum Enhance-
ment Act’’.
SEC. 202. RELOCATION OF ELIGIBLE FEDERAL ENTITIES FOR THE RE-
ALLOCATION OF SPECTRUM FOR COMMERCIAL PUR-
POSES.
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 Federal entity that
operates a Federal Government station assigned to a band
of frequencies specified in paragraph (2) and that incurs reloca-
tion costs because 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 purposes of this paragraph, Federal power
agencies exempted under subsection (c)(4) that choose to
relocate from the frequencies identified for reallocation pursu-
ant to subsection (a), are eligible to receive payment under
this paragraph.
‘‘(2) ELIGIBLE
FREQUENCIES.—The bands of eligible fre-
quencies 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 reallocated from
Federal use to non-Federal use after January 1, 2003,
that is assigned by competitive bidding pursuant to section
309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)),
except for bands of frequencies previously identified by
47 USC 901 note.
Commercial
Spectrum
Enhancement
Act.
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118 STAT. 3992
PUBLIC LAW 108–494—DEC. 23, 2004
the 
National 
Telecommunications 
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, regardless of whether that capability is achieved
by relocating to a new frequency assignment or by utilizing
an alternative technology. Such costs include—
‘‘(A) the costs of any modification or replacement of
equipment, software, facilities, operating manuals, training
costs, or regulations that are attributable to relocation;
‘‘(B) the costs of all engineering, equipment, software,
site acquisition and construction costs, as well as any legiti-
mate and prudent transaction expense, including outside
consultants, and reasonable additional costs incurred by
the Federal entity that are attributable to relocation,
including increased recurring costs associated with the
replacement facilities;
‘‘(C) the costs of engineering studies, economic anal-
yses, or other expenses reasonably incurred in calculating
the estimated relocation costs that are provided to the
Commission pursuant to paragraph (4) of this subsection;
‘‘(D) the one-time costs of any modification of equip-
ment reasonably necessary to accommodate 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 sector uses by
competitive bidding and a Federal entity retains primary
allocation or protected status in those frequencies for a
period of time after the completion of the competitive bid-
ding process; and
‘‘(E) the costs associated with the accelerated replace-
ment 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 commencement of any auction of
eligible frequencies defined in paragraph (2). At least 6
months prior to the commencement of any such auction,
the NTIA, on behalf of the Federal entities and after review
by the Office of Management and Budget, shall notify the
Commission of estimated relocation costs and timelines
for such relocation.
‘‘(B) Upon timely request of a Federal entity, the NTIA
shall provide such entity with information regarding an
alternative frequency assignment or assignments to which
their radiocommunications operations could be relocated
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 consistent with
national security considerations, the NTIA shall provide
the information required by subparagraphs (A) and (B)
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118 STAT. 3993
PUBLIC LAW 108–494—DEC. 23, 2004
by the geographic location of the Federal entities’ facilities
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 Commission under paragraph (4)(A),
submit to Committees on Appropriations and Energy and Com-
merce 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 Comp-
troller General a copy of such estimate and the timelines for
relocation. Unless disapproved within 30 days, the estimate
shall be approved. If disapproved, the NTIA may resubmit
a revised initial 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 fre-
quencies defined in paragraph (2) to frequencies or facilities
of comparable capability. Upon a finding by the NTIA that
a Federal entity has achieved comparable capability of systems
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 entity’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 Manage-
ment and Budget under section 118(d)(2)(B).’’.
SEC. 203. MINIMUM AUCTION RECEIPTS AND DISPOSITION OF PRO-
CEEDS.
(a) AUCTION DESIGN.—Section 309(j)(3) of the Communications
Act of 1934 (47 U.S.C. 309(j)(3)) is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(F) for any auction of eligible frequencies described
in section 113(g)(2) of the National Telecommunications
and Information Administration Organization Act (47
U.S.C. 923(g)(2)), the recovery of 110 percent of estimated
relocation costs as provided to the Commission pursuant
to section 113(g)(4) of such Act.’’.
(b) SPECIAL AUCTION PROVISIONS FOR ELIGIBLE FREQUENCIES.—
Section 309(j) of such Act is further amended by adding at the
end the following new paragraph:
‘‘(15) SPECIAL
AUCTION
PROVISIONS
FOR
ELIGIBLE
FRE-
QUENCIES.—
‘‘(A) SPECIAL
REGULATIONS.—The Commission shall
revise the regulations prescribed under paragraph (4)(F)
of this subsection to prescribe methods by which the total
cash proceeds from any auction of eligible frequencies
described in section 113(g)(2) of the National Telecommuni-
cations and Information Administration Organization Act
(47 U.S.C. 923(g)(2)) shall at least equal 110 percent of
the total estimated relocation costs provided to the Commis-
sion pursuant to section 113(g)(4) of such Act.
Notification.
Deadline.
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118 STAT. 3994
PUBLIC LAW 108–494—DEC. 23, 2004
‘‘(B) CONCLUSION OF AUCTIONS CONTINGENT ON MIN-
IMUM PROCEEDS.—The Commission 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 bid-
ders from any obligation to the United States to bid in
any subsequent reauction of such spectrum.
‘‘(C) AUTHORITY TO ISSUE PRIOR TO DEAUTHORIZATION.—
In any auction conducted under the regulations required
by subparagraph (A), the Commission may grant a license
assigned 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 licensee cannot cause harmful inter-
ference to such Federal entity until such entity’s authoriza-
tion has been terminated by the National Telecommuni-
cations and Information Administration.’’.
(c) DEPOSIT OF PROCEEDS.—Paragraph (8) of section 309(j) of
the Communications Act of 1934 (47 U.S.C. 309(j)) is amended—
(1) in subparagraph (A), by inserting ‘‘or subparagraph
(D)’’ after ‘‘subparagraph (B)’’; and
(2) by adding at the end the following new subparagraph:
‘‘(D) DISPOSITION OF CASH PROCEEDS.—Cash proceeds
attributable to the auction of any eligible frequencies
described in section 113(g)(2) of the National Telecommuni-
cations 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.’’.
SEC. 204. ESTABLISHMENT OF FUND AND PROCEDURES.
Part B of the National Telecommunications and Information
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 consultation 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 defined in section 113(g)(3) of
this Act, of an eligible Federal entity incurring such costs with
respect to relocation from those frequencies.
‘‘(d) FUND AVAILABILITY.—
47 USC 928.
Deadline.
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118 STAT. 3995
PUBLIC LAW 108–494—DEC. 23, 2004
‘‘(1) APPROPRIATION.—There are hereby appropriated from
the Fund such sums as are required to pay the relocation
costs specified in subsection (c).
‘‘(2) TRANSFER CONDITIONS.—None of the funds provided
under this subsection may be transferred to any eligible Federal
entity—
‘‘(A) unless the Director of OMB has determined, 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 sub-
mitted to the Committees on Appropriations and Energy
and Commerce of the House of Representatives for
approval, to the Committees on Appropriations and Com-
merce, Science, and Transportation of the Senate for
approval, and to the Comptroller General a detailed plan
describing specifically how the sums transferred from the
Fund will be used to pay relocation costs in accordance
with such subsection 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.
‘‘(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 deposited 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 sub-
section (d)(2)(A);
‘‘(ii) the notice to the committees containing 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;
‘‘(iii) such notice shall include, in addition 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 committees an assessment of the explanation
for the subsequent transfer or transfers.
‘‘(C) Such transferred amounts shall be credited to
the appropriations account of the eligible Federal entity
which has incurred, or will incur, such costs, and shall,
subject to paragraph (2), remain available until expended.
‘‘(2) RETRANSFER TO FUND.—An eligible Federal entity that
has received such amounts shall report its expenditures to
OMB and shall transfer any amounts in excess of actual reloca-
tion costs back to the Fund immediately after the NTIA has
Reports.
Deadline.
Deadline.
Deadline.
Deadline.
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118 STAT. 3996
PUBLIC LAW 108–494—DEC. 23, 2004
notified the Commission that the entity’s relocation is complete,
or has determined that such entity has unreasonably failed
to complete such relocation in accordance with the timeline
required by subsection (d)(2)(A).’’.
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 exten-
sions 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 eligible small
business;
‘‘(2) the reasonable availability of collateral to secure the
loan or credit extension;
‘‘(3) the extent to which the loan or credit extension pro-
motes 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 Administra-
tion shall submit an annual report to the Committees on Appropria-
tions and Energy and Commerce of the House of Representatives,
the Committees on Appropriations and Commerce, Science, and
Transportation of the Senate, and the Comptroller General on—
(1) the progress made in adhering to the timelines
applicable to relocation from eligible frequencies required under
section 118(d)(2)(A) of the National Telecommunications and
Information Administration 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 communication system
and auction, a statement of the estimate of relocation costs
required under section 113(g)(4) of such Act, the actual reloca-
tions costs incurred, and the amount of such costs paid from
the Spectrum Relocation Fund.
SEC. 208. PRESERVATION OF AUTHORITY; NTIA REPORT REQUIRED.
(a) SPECTRUM MANAGEMENT AUTHORITY RETAINED.—Except as
provided with respect to the bands of frequencies identified in
section 113(g)(2)(A) of the National Telecommunications and
Information 
Administration 
Organization 
Act 
(47 
U.S.C.
923(g)(2)(A)) as amended by this title, nothing in this title or
the amendments made by this title shall be construed as limiting
the Federal Communications Commission’s authority to allocate
bands of frequencies that are reallocated from Federal use 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 Tele-
communications and Information Administration shall submit to
the Energy and Commerce Committee of the House of Representa-
tives and the Commerce, Science, and Transportation Committee
47 USC 923 note.
47 USC 928 note.
47 USC 921 note.
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of the Senate a report on various policy options to compensate
Federal entities for relocation costs when such entities’ frequencies
are allocated by the Commission for unlicensed, public safety,
shared, or non-commercial use.
SEC. 209. COMMERCIAL SPECTRUM LICENSE POLICY REVIEW.
(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 electro-
magnetic spectrum capacity that have been assigned by the
Federal Communications Commission—
(A) prior to enactment of section 309(j) of the Commu-
nications Act of 1934 (47 U.S.C. 309(j)) providing to the
Commission’s competitive bidding authority,
(B) after enactment of that section using the Commis-
sion’s competitive bidding authority, and
(C) by means other than competitive bidding,
and a description of the classes of licensees assigned under
each method.
(2) The extent to which requiring entities to obtain licenses
through competitive bidding places those entities at a competi-
tive or financial disadvantage 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’ financial 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 competitive bidding
by incumbent spectrum license holders as applicants or inves-
tors in an applicant, including a discussion of any additional
effect if such applicant qualified for bidding credits as a des-
ignated 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 Presi-
dent’s Budget of the United States Government for Fiscal Year
2004 (Budget, page 299; Appendix, page 1046), and an evalua-
tion of whether the enactment of this proposal could address,
either in part or in whole, any possible competitive disadvan-
tages described in paragraph (2).
(c) FCC ASSISTANCE.—The Federal Communications Commis-
sion shall provide information and assistance, as necessary, to
facilitate the completion of the examination 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’’.
Universal Service
Antideficiency
Temporary
Suspension Act.
Reports.
Deadline.
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118 STAT. 3998
PUBLIC LAW 108–494—DEC. 23, 2004
LEGISLATIVE HISTORY—H.R. 5419 (S. 1250):
SENATE REPORTS: No. 108–130 accompanying S. 1250 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Nov. 20, considered and passed House.
Dec. 8, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Dec. 23, Presidential statement.
SEC. 302. APPLICATION OF CERTAIN TITLE 31 PROVISIONS TO UNI-
VERSAL 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 Federal universal
service contributions required by section 254 of the Communica-
tions 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 service support programs
established pursuant to that section.
(b) POST-2005 FULFILLMENT OF PROTECTED OBLIGATIONS.—Sec-
tion 1341 and subchapter II of chapter 15 of title 31, United States
Code, do not apply after December 31, 2005, to an expenditure
or obligation described in subsection (a)(2) made or authorized
during the period described in subsection (a).
Approved December 23, 2004.
Effective date.
Termination
date.
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