Maximizing Spectrum Efficiency and Value Act of 2014 - Amends the National Telecommunications and Information Administration Organization Act to establish a Federal Spectrum Reallocation Commission to make recommendations to the President on the reallocation of federal spectrum over a specified time period.
Directs each federal agency to include a spectrum utilization plan as part of the budget justification documents submitted to Congress each fiscal year. Requires copies of the plan to be submitted to the Reallocation Commission, the Secretary of Commerce, and the National Telecommunications and Information Administration (NTIA).
Requires the Secretary to submit to Congress, the Comptroller General (GAO), and the Reallocation Commission a report identifying and recommending for reallocation bands of frequencies that: (1) are allocated primarily for federal government use, (2) are not required for federal government needs, and (3) can feasibly be made available for assignment through a competitive bidding system under the Communications Act of 1934 during the five-year period beginning on the date of submission of the report.
Directs the Reallocation Commission to hold public hearings and submit to the President and Congress a review and analysis of the Secretary's recommendations with an explanation and justification of any Reallocation Commission recommendation for federal spectrum reallocation that is different from the Secretary's recommendations.
Directs the President to determine whether to approve the Reallocation Commission recommendations and to submit a report on such determination to Congress and the Reallocation Commission.
Sets forth a process requiring the Reallocation Commission, if the President disapproves the recommendations, to continue submitting a revised list of recommendations until the President approves it. Terminates the Reallocation Commission 60 days after the President approves the recommendations.
Directs the President to submit the approved recommendations to Congress.
Directs the head of each federal entity required to relocate spectrum under the approved recommendations to prepare and submit an implementation plan to the President, Congress, the NTIA, the Federal Communications Commission (FCC), the Office of Management and Budget (OMB), and GAO.
Directs each such federal entity, after the President submits the approved recommendations to Congress, to: (1) initiate actions required to comply with the recommendations within two years, and (2) complete such actions within five years.
Prohibits federal entities from initiating such compliance actions if a joint resolution is enacted that disapproves the recommendations within a specified period.
Requires the FCC, within two years after the President submits the approved recommendations to Congress, to commence the auctioning of frequencies that will be made available for assignment of new intitial licenses subject to new service rules or for other purposes.
Directs any federal government station operating on electromagnetic spectrum identified in the approved recommendations for the reallocation of federal spectrum, to the maximum extent practicable, to relocate its spectrum use to other frequencies allocated for federal use or to consolidate its spectrum use with other federal government stations in a manner that maximizes the spectrum available for nonfederal use.
Authorizes Congress, if a federal entity fails to comply with an OMB-approved relocation deadline, to decrease the amount appropriated to the entity in the following fiscal year by up to one-half of 1%.
Sets forth authority for the payment of relocation or sharing costs from the Spectrum Relocation Fund.
Requires specified proceeds from the auction of frequencies to be deposited in the Treasury's general fund for the sole purpose of deficit reduction.
Prohibits the FCC from: (1) establishing licensing conditions relating to its Report and Order on Preserving the Open Internet and Broadband Industry Practices adopted on December 21, 2010, (2) restricting the number or type of bidders or any specific bidder from participating in a public auction, (3) prescribing the rates or terms of or otherwise conditioning services that may be offered by successful bidders in any such auction, or (4) imposing any additional license requirements or rules on successful bidders once any such auction has been completed.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2155 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2155
To amend the National Telecommunications and Information Administration
Organization Act to create a Federal Spectrum Reallocation Commission,
to provide for the use of a portion of the proceeds from the auction of
reallocated Federal spectrum for deficit reduction, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 25, 2014
Mr. Kirk introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend the National Telecommunications and Information Administration
Organization Act to create a Federal Spectrum Reallocation Commission,
to provide for the use of a portion of the proceeds from the auction of
reallocated Federal spectrum for deficit reduction, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Maximizing Spectrum Efficiency and
Value Act of 2014''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Demand for electromagnetic spectrum is sharply rising
due to the growing advanced network of communications devices
that rely on spectrum to transmit and receive information.
(2) It is necessary for the United States to maintain its
investments in innovation of spectrum and broadband
infrastructure to ensure the United States is a global leader
in the wireless age.
(3) Spectrum is a finite resource, and in order to spur
innovation, the United States must provide for better and more
efficient spectrum management.
(4) Many spectrum holders do not efficiently use their
frequency assignments, and a restructuring of the usable
spectrum is a viable solution to make up for this lost
opportunity.
(5) Making available additional spectrum to meet the
demands of broadband technologies and services will prevent
dropped connections, blocked service, decreased connection
speed, and even higher prices for certain advanced
applications.
(6) The availability of increased spectrum will allow
advanced technologies such as 4G mobile services, high-speed
wireless, high definition television, and more to continue
operating without network problems and interference.
(7) The United States public debt totals not less than
$14,300,000,000,000.
(8) Congress should look for ways to increase Federal
Government revenues without creating additional burdens on
taxpayers.
(9) Auctioning spectrum is the most economically sound
method for accurate valuation and assignment of spectrum to
develop the next generation of wireless technologies, expand
broadband service to underserved areas of the country, develop
an interoperable public safety network, and reduce the deficit.
(10) Certain frequencies of spectrum have substantial
market value and could raise significant new revenue in a
public auction.
(11) Barriers to a spectrum auction such as regulatory and
administrative delays are not conducive to the free-market
approach and can hurt innovation.
(12) Federal Government spectrum, while extremely
important, is vast and should be included in any spectrum
reform initiative.
SEC. 3. FEDERAL SPECTRUM REALLOCATION COMMISSION.
(a) In General.--Part B of title I of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 921 et seq.) is amended by adding at the end the following:
``SEC. 120. FEDERAL SPECTRUM REALLOCATION COMMISSION.
``(a) Definitions.--In this section--
``(1) the term `appropriate congressional committees'
means--
``(A) the Committee on Appropriations of the
Senate;
``(B) the Committee on Appropriations of the House
of Representatives;
``(C) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(D) the Committee on Energy and Commerce of the
House of Representatives;
``(2) the term `Chairperson' means the chairperson of the
Reallocation Commission designated under subsection (b)(3)(B);
``(3) the term `Director' means the Director of the
Reallocation Commission appointed under subsection (b)(5)(A);
``(4) the term `Executive agency' has the meaning given the
term in section 105 of title 5, United States Code;
``(5) the term `Federal entity' means any department,
agency, or other instrumentality of the Federal Government that
utilizes a Government station license obtained under section
305 of the Communications Act of 1934 (47 U.S.C. 305);
``(6) the term `Reallocation Commission' means the Federal
Spectrum Reallocation Commission established under subsection
(b)(1); and
``(7) the term `relocation or sharing costs'--
``(A) 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; and
``(B) includes--
``(i) the costs of any modification or
replacement of equipment, software, facilities,
operating manuals, training costs, or
regulations that are attributable to
relocation;
``(ii) the costs of all engineering,
equipment, software, site acquisition, and
construction costs, as well as any legitimate
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;
``(iii) the costs of engineering studies,
economic analyses, or other expenses reasonably
incurred in calculating the estimated
relocation or sharing costs that are provided
to the Commission under subsection (e)(1)(C)
and approved by the Director of the Office of
Management and Budget under subsection
(e)(1)(D);
``(iv) the one-time costs of any
modification of equipment reasonably necessary
to accommodate commercial use of reallocated
frequencies prior to the termination of the
Federal entity's primary allocation or
protected status, when the frequencies 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 bidding
process; and
``(v) the costs associated with the
accelerated replacement of systems and
equipment if such acceleration is necessary to
ensure the timely relocation of systems to a
new frequency assignment.
``(b) Establishment and Operation of Reallocation Commission.--
``(1) Establishment.--There is established an independent
commission to be known as the `Federal Spectrum Reallocation
Commission'.
``(2) Duties.--The Reallocation Commission shall carry out
the duties described in this section.
``(3) Membership.--
``(A) Appointments.--
``(i) In general.--The Reallocation
Commission shall be composed of 9 members
appointed by the President, by and with the
advice and consent of the Senate.
``(ii) Requirements for membership.--
``(I) In general.--Of the 9 members
appointed by the President under clause
(i)--
``(aa) not more than 1
member may be a current
employee or contractor of the
Department of Defense;
``(bb) not more than 1
member may be former employee
or contractor of the Department
of Defense;
``(cc) not fewer than 1
member shall be a
representative of the
commercial mobile technology
industry; and
``(dd) not fewer than 1
member shall be a
representative from a
standards-setting body that is
accredited by the American
National Standards Institute to
develop voluntary industry
standards.
``(II) Private-sector
representation.--In making appointments
under clause (i), the President shall
ensure that there is robust private-
sector representation on the
Reallocation Commission.
``(iii) Transmission of nominations.--Not
later than 180 days after the date of enactment
of this section, the President shall transmit
to the Senate the nominations for appointment
to the Commission.
``(iv) Consultation.--In selecting
individuals for nominations for appointments to
the Reallocation Commission, the President
shall consult with--
``(I) the Speaker of the House of
Representatives concerning the
appointment of 3 members;
``(II) the majority leader of the
Senate concerning the appointment of 3
members;
``(III) the minority leader of the
House of Representatives concerning the
appointment of 1 member; and
``(IV) the minority leader of the
Senate concerning the appointment of 1
member.
``(v) Nonpolitical nature of appointment.--
No political test or qualification may be used
in selecting, appointing, promoting, or taking
other personnel actions with respect to
members, officers, agents, or employees of the
Reallocation Commission.
``(B) Chairperson.--At the time the President
nominates individuals for appointments under
subparagraph (A), the President shall designate 1 of
the individuals nominated to serve as the Chairperson
of the Reallocation Commission.
``(C) Terms.--
``(i) In general.--Each member of the
Reallocation Commission may serve until the
Commission sunsets under paragraph (12).
``(ii) Chairperson.--The Chairperson may
serve until the confirmation of a successor.
``(iii) Vacancies.--Any vacancy in the
Reallocation Commission shall be filled in the
same manner as the original appointment.
``(D) Compensation of members.--
``(i) In general.--Each member of the
Reallocation Commission, other than the
Chairperson, shall be paid at a rate equal to
the daily equivalent of the minimum annual rate
of basic pay payable for level IV of the
Executive Schedule under section 5315 of title
5, United States Code, for each day (including
travel time) during which the member is engaged
in the actual performance of duties vested in
the Reallocation Commission.
``(ii) Chairperson.--The Chairperson shall
be paid for each day referred to in clause (i)
at a rate equal to the daily equivalent of the
minimum annual rate of basic pay payable for
level III of the Executive Schedule under
section 5314 of title 5, United States Code.
``(4) Meetings.--
``(A) In general.--Each meeting of the Reallocation
Commission, other than meetings in which classified
information is to be discussed, shall be open to the
public.
``(B) Access to information.--All of the
proceedings, information, and deliberations of the
Commission shall be open, upon request, to--
``(i) the Chairman and the ranking member
of the Subcommittee on Communications,
Technology, and the Internet of the Committee
on Commerce, Science, and Transportation of the
Senate, or such other members of the
Subcommittee designated by the Chairman or
ranking member of the Subcommittee;
``(ii) the Chairman and the ranking member
of the Subcommittee on Communications and
Technology of the Committee on Energy and
Commerce of the House of Representatives, or
such other members of the Subcommittee
designated by the Chairman or ranking member of
the Subcommittee; and
``(iii) the Chairmen and ranking members of
the Subcommittees on Commerce, Justice,
Science, and Related Agencies and on Financial
Services and General Government of the
Committees on Appropriations of the Senate and
of the House of Representatives, or such other
members of the Subcommittees designated by such
Chairmen or ranking members.
``(5) Director of staff.--
``(A) In general.--The Reallocation Commission
shall, without regard to the provisions of title 5,
United States Code, governing appointments in the
competitive service, appoint a Director.
``(B) Pay.--The Director shall, without regard to
the provisions of chapter 51 and subchapter III of
chapter 53 of such title (relating to classification
and General Schedule pay rates), be paid at the rate of
basic pay payable for level IV of the Executive
Schedule under section 5315 of title 5, United States
Code.
``(6) Staff.--
``(A) In general.--Subject to subparagraphs (B) and
(C), the Director, with the approval of the
Reallocation Commission, may appoint and fix the pay of
additional personnel as may be necessary to enable the
Reallocation Commission to perform the duties of the
Reallocation Commission.
``(B) Limitation.--The Director may make such
appointments without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service, and any personnel so appointed may
be paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of that title relating
to classification and General Schedule pay rates,
except that an individual appointed under this
paragraph may not receive pay in excess of the annual
rate of basic pay payable for GS-18 of the General
Schedule.
``(C) Detail of government employees.--Upon request
of the Director, the Secretary may detail any of the
personnel of the Department of Commerce to the
Reallocation Commission to assist the Reallocation
Commission in carrying out its duties.
``(D) GAO agreement.--The Comptroller General of
the United States shall provide assistance, including
the detailing of employees, to the Reallocation
Commission in accordance with an agreement entered into
with the Reallocation Commission.
``(7) Procurement of temporary and intermittent services.--
The Chairperson may procure temporary and intermittent services
under section 3109 of title 5, United States Code, at rates for
individuals that do not exceed the daily equivalent of the
annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of such title.
``(8) Property.--The Chairperson may lease space and
acquire personal property to the extent funds are available.
``(9) Postal and printing services.--The Reallocation
Commission may use the United States mails and obtain printing
and binding services in the same manner and under the same
conditions as other agencies of the United States.
``(10) Obtaining information.--The Reallocation Commission
may secure directly from any agency or department of the United
States information necessary to enable it to carry out its
duties under this section. Upon request of any member of the
Reallocation Commission, the head of that agency or department
shall furnish that information to the Reallocation Commission
in a full and timely manner.
``(11) Funding.--There are authorized to be transferred to
the Reallocation Commission $13,000,000 from the Spectrum
Relocation Fund established under section 118 to carry out the
duties of the Reallocation Commission under this section, and
such funds shall remain available until the term of the
Reallocation Commission sunsets under paragraph (12). The funds
remaining after the sunset of the Commission shall be returned
to the Treasury for the sole purpose of deficit reduction.
``(12) Sunset.--This subsection is repealed effective 60
days after the date on which the President approves the
recommendations of the Reallocation Commission pursuant to
subsection (d)(4).
``(c) Spectrum Utilization Plan.--
``(1) In general.--As part of the budget justification
documents submitted to Congress in support of the budget
submitted under section 1105 of title 31, United States Code,
for each fiscal year, the head of each Federal entity shall
include a spectrum utilization plan.
``(2) Contents.--A spectrum utilization plan submitted by
the head of a Federal entity under paragraph (1) shall
include--
``(A) the total spectrum authorized for the entity
(in percentage terms and in sum) in each band the
entity uses;
``(B) the approximate number of transmitters, end-
user terminals, or receivers, excluding unintended
radiators, that have been deployed by the entity or
authorized to be used by the entity;
``(C) if such information is available--
``(i) the type of transmitters, end-user
terminals, or receivers, excluding unintended
radiators, operated by the entity and whether
they are space-, air-, or ground-based;
``(ii) the type of transmitters, end-user
terminals, or receivers, excluding unintended
radiators, authorized to be operated by the
entity and whether they are space-, air-, or
ground-based;
``(iii) contour maps or other information
that illustrates the coverage area, receiver
performance, and other parameters relevant to
an assessment of the availability of spectrum
in each band used by the entity;
``(iv) the approximate geolocation of base
stations or fixed transmitters used by the
entity;
``(v) the approximate extent of use, by
geography, of each band of frequencies used by
the entity, such as the amount and percentage
of time of use, number of end-users, or other
measures as appropriate to the particular band;
``(vi) the activities, capabilities,
functions, or missions supported by the
transmitters, end-user terminals, or receivers
used by the entity; and
``(vii) the types of unlicensed devices
authorized to be operated by the entity;
``(D) the opportunity cost borne by the entity for
each spectrum band the entity uses;
``(E) the planned uses of technologies or expanded
services requiring spectrum for a period of time agreed
to by the entity; and
``(F) suggested spectrum-efficient approaches to
meeting the spectrum requirements identified under
subparagraph (E).
``(3) Requirement.--The head of each Federal entity
required to submit a spectrum utilization plan under paragraph
(1) shall submit a copy of each plan submitted under such
paragraph to the Reallocation Commission, the Secretary, and
the NTIA.
``(4) National security; classified information.--
``(A) National security.--If the head of a Federal
entity determines that disclosure of information
required under paragraph (1) would be harmful to the
national security of the United States, such head
shall--
``(i) notify the Secretary of such
determination; and
``(ii) provide to the Secretary--
``(I) the other publicly releasable
information required under paragraph
(1);
``(II) to the maximum extent
practicable, a summary description of
the information with respect to which
the determination was made; and
``(III) an annex containing the
information with respect to which the
determination was made.
``(B) Classified information.--If the head of a
Federal entity determines that any information required
under paragraph (1) is classified in accordance with
Executive Order 13526 (50 U.S.C. 435 note) or any
successor Executive order establishing or modifying the
uniform system for classifying, safeguarding, and
declassifying national security information, such head
shall--
``(i) notify the Secretary of such
determination; and
``(ii) provide to the Secretary--
``(I) the information required
under paragraph (1) that is not
classified;
``(II) to the maximum extent
practicable, a summary description of
the information that is classified; and
``(III) an annex containing the
information that is classified.
``(C) Annex restriction.--
``(i) Availability to ntia and relocation
commission.--The Secretary shall make an annex
described in subparagraph (A)(ii)(III) or
(B)(ii)(III) available to the NTIA and the
Relocation Commission.
``(ii) No public availability.--The NTIA,
the Secretary, and the Relocation Commission
shall not make an annex described in
subparagraph (A)(ii)(III) or (B)(ii)(III)
available to the public or to any unauthorized
person through any means.
``(d) Procedure for Making Recommendations for Spectrum
Reallocation.--
``(1) Recommendations by secretary of commerce.--Not later
than 18 months after the date on which the President submits
the budget documents that include spectrum utilization plans
described in subsection (c) to Congress for the first fiscal
year following the date of enactment of this section, the
Secretary shall prepare and submit to the appropriate
congressional committees, the Comptroller General of the United
States, and the Reallocation Commission a report identifying
and recommending for reallocation bands of frequencies--
``(A) that are allocated on a primary basis for
Federal Government use;
``(B) that--
``(i) are not required for the needs of the
Federal Government at the time the report is
submitted; or
``(ii) will not be required for such needs
in the identifiable future; and
``(C) that can feasibly be made available, as of
the date of submission of the report or at any time
during the 5-year period beginning on such date, for
assignment through a system of competitive bidding
under section 309(j) of the Communications Act of 1934
(47 U.S.C. 309(j)).
``(2) Criteria for identification.--
``(A) Needs of the federal government.--In
determining whether a band of frequencies meets one of
the criteria specified in paragraph (1)(B), the
Secretary shall--
``(i) consider whether the band of
frequencies is used to provide a communications
service that is or could be available from a
commercial provider or other vendor, or whether
the communications services provided on such
frequencies could be relocated to other
frequencies used by the Federal Government;
``(ii) seek to promote--
``(I) the maximum practicable
reliance on commercially available
substitutes;
``(II) the efficient use of
spectrum by Federal Government
stations;
``(III) the development and use of
new communications technologies; and
``(IV) the use of nonradiating
communications systems where
practicable; and
``(iii) seek to avoid--
``(I) serious degradation of
Federal Government services and
operations;
``(II) excessive costs to the
Federal Government and users of Federal
Government services; and
``(III) excessive disruption of
existing use of Federal Government
frequencies by amateur radio licensees.
``(B) Direct discussions.--
``(i) In general.--The Secretary shall
encourage and provide opportunities for direct
discussions among commercial representatives
and Federal Government users of the spectrum to
aid the Secretary in determining which
frequencies to recommend for reallocation under
paragraph (1).
``(ii) Hearings and public comment.--
``(I) In general.--As part of the
discussions required under clause (i),
the Secretary shall conduct public
hearings and accept public comment on
the recommendations.
``(II) Testimony under oath.--All
testimony before the Secretary at a
public hearing conducted under this
clause shall be presented under oath.
``(III) Publication on website.--
All testimony and public comments
collected under this clause shall be
made available on a public website.
``(iii) Representation.--A representative
of the Reallocation Commission, and of the
Secretary at the election of the Secretary, may
attend any discussion held under clause (i).
``(iv) Further comment.--The Secretary
shall provide the public and the Reallocation
Commission with an opportunity to comment on
the results of a discussion held under clause
(i) before the Secretary submits the
recommendation required under paragraph (1).
``(3) Review and recommendations by the reallocation
commission.--
``(A) Review.--
``(i) In general.--After receiving the
recommendations from the Secretary under
paragraph (1), the Reallocation Commission
shall review and analyze the recommendations.
``(ii) New and innovative management
techniques and technologies.--In conducting the
review and analysis under clause (i), the
Reallocation Commission shall give priority to
recommendations that make accommodation for new
and innovative management techniques and
technologies for maximizing the value and use
of spectrum.
``(iii) Hearings.--
``(I) In general.--As part of the
review and analysis required under
clause (i), the Reallocation Commission
shall conduct public hearings on the
recommendations.
``(II) Testimony under oath.--All
testimony before the Reallocation
Commission at a public hearing
conducted under this clause shall be
presented under oath.
``(B) Recommendations.--
``(i) In general.--Not later than 180 days
after the date on which the Secretary submits
recommendations under paragraph (1) to the
Reallocation Commission, the Reallocation
Commission shall submit to the President and
the appropriate congressional committees a
report on the findings and conclusions of the
Reallocation Commission from the review and
analysis conducted under subparagraph (A),
including any recommendations for Federal
spectrum reallocation.
``(ii) Requirement.--A report submitted
under clause (i) shall contain an explanation
and justification of any recommendation for
Federal spectrum reallocation included in the
report that is different from the
recommendations submitted by the Secretary
under paragraph (1).
``(C) Transmission of information to congress.--
After the Reallocation Commission submits
recommendations to the President under subparagraph
(B), upon request by a Member of Congress, the
Reallocation Commission shall provide to the Member of
Congress any information used by the Reallocation
Commission in making the recommendations.
``(D) GAO requirements.--The Comptroller General of
the United States shall--
``(i) assist the Reallocation Commission,
to the extent requested, in the review and
analysis under subparagraph (A); and
``(ii) not later than 90 days after the
date on which the Secretary makes
recommendations under paragraph (1), submit to
Congress and to the Reallocation Commission a
report that contains a detailed analysis of the
recommendations and selection process of the
Secretary.
``(4) Review by the president.--
``(A) In general.--Not later than 30 days after the
date on which the Reallocation Commission submits
recommendations for Federal spectrum reallocation under
paragraph (3)(B), the President shall--
``(i) determine whether to approve the
recommendations made by the Reallocation
Commission; and
``(ii) submit to Congress and the
Reallocation Commission a report that describes
the determination made under clause (i).
``(B) Approval.--If the President approves the
recommendations under subparagraph (A)(i), the
President shall submit a copy of the recommendations to
Congress.
``(C) Disapproval.--
``(i) In general.--If the President
disapproves the recommendations under
subparagraph (A)(i), the President shall submit
to Congress and to the Reallocation Commission
a report that describes the reasons that the
President disapproves of the recommendations.
``(ii) Reallocation commission revisions.--
Not later than 60 days after the date on which
the President submits to the Reallocation
Commission a report under clause (i), the
Reallocation Commission shall submit to the
President a revised list of recommendations for
reallocation of Federal spectrum.
``(iii) Approval and disapproval of
revisions.--
``(I) Approval.--If the President
approves the revised list of
recommendations submitted by the
Reallocation Commission under clause
(ii), the President shall submit the
revised list to Congress.
``(II) Disapproval.--If the
President disapproves the revised list
of recommendations submitted by the
Reallocation Commission under clause
(ii), the President and the
Reallocation Commission shall complete
the requirements described in clauses
(i) and (ii) until the President
approves recommendations from the
Reallocation Commission.
``(5) Public disclosure and nondisclosure.--
``(A) In general.--If the head of an Executive
agency or Federal entity, the Chairperson, or the
President determines that public disclosure of any
information contained in the reports, recommendations,
testimony, or comments required under this section
would reveal classified national security information
or other information for which there is a legal basis
for nondisclosure and such public disclosure would be
detrimental to national security, homeland security, or
public safety or would jeopardize law enforcement
investigations, the head of the Executive agency or
Federal entity, the Chairperson, or the President shall
notify the Secretary of that determination prior to
release of such information.
``(B) Annex.--
``(i) In general.--If the head of an
Executive agency or Federal entity, the
Chairperson, or the President notifies the
Secretary of a determination under subparagraph
(A), the information required to be disclosed
under this section shall be included in a
separate classified annex, as needed.
``(ii) Requirement.--A classified annex
described under clause (i)--
``(I) shall be provided to the
subcommittees of primary jurisdiction
of the committees of primary
jurisdiction of the Senate and House of
Representatives in accordance with
appropriate national security
stipulations; and
``(II) shall not be disclosed to
the public or provided to any
unauthorized person through any means.
``(e) Reallocation of Federal Spectrum.--
``(1) Agency action.--
``(A) NTIA requirement.--Not later than 180 days
after the date on which the President submits approved
recommendations for the reallocation of Federal
spectrum to Congress under subparagraph (B) or
(C)(iii)(I) of subsection (d)(4), the NTIA shall
provide to each Federal entity that is required to take
action under the recommendations information regarding
an alternative frequency assignment to which the radio
communications operations of the Federal entity could
be relocated for purposes of calculating the estimated
relocation or sharing costs and timeline required under
subparagraph (C).
``(B) Requirement.--To the extent practicable and
consistent with national security considerations, the
NTIA shall provide the information described in
subparagraph (A) by the geographic location of the
facilities or systems of the Federal entity and the
frequency bands used by the facilities or systems.
``(C) Implementation plan.--
``(i) In general.--Not later than 1 year
after the date on which the President submits
approved recommendations for the reallocation
of Federal spectrum to Congress under
subparagraph (B) or (C)(iii)(I) of subsection
(d)(4), the head of each Federal entity
required to relocate spectrum under the
recommendations shall prepare and submit to the
President, the appropriate congressional
committees, the NTIA, the Federal
Communications Commission, the Director of the
Office of Management and Budget, and the
Comptroller General of the United States a plan
for implementation of the recommendations
related to the Federal entity.
``(ii) Contents.--An implementation plan
submitted by a Federal entity under clause (i)
shall include--
``(I) a description of how the
Federal entity will comply with the
approved recommendations for the
reallocation of Federal spectrum
submitted to Congress under
subparagraph (B) or (C)(iii)(I) of
subsection (d)(4);
``(II) any statutory or regulatory
barriers that will prohibit the Federal
entity from complying with the
recommendations described in subclause
(I);
``(III) the estimated cost to the
Federal entity of frequency withdrawal
or relocation; and
``(IV) the estimated timeline of
the Federal entity for frequency
withdrawal or relocation.
``(D) Review of implementation plan.--
``(i) In general.--Not later than 30 days
after the date on which an implementation plan
is submitted under subparagraph (C), the
Director of the Office of Management and Budget
shall review and determine whether to approve
the implementation plan.
``(ii) Disapproval.--If an implementation
plan submitted under subparagraph (C) is
disapproved by the Director of the Office of
Management and Budget, the Federal entity that
submitted the implementation plan shall submit
a revised implementation plan under such
subparagraph, and the submission and review
process shall continue until an implementation
plan is approved.
``(iii) Approval of all plans.--Not later
than 7 days after the date on which the
Director of the Office of Management and Budget
approves the plans submitted under subparagraph
(C), the Director shall notify the Federal
Communications Commission of the estimated
relocation or sharing costs and timelines of
all Federal entities required to submit a plan
under such subparagraph.
``(iv) Review of progress.--
``(I) In general.--At the beginning
of each fiscal year following approval
of a plan required under subparagraph
(C), the Director of the Office of
Management and Budget shall review the
progress of the Federal entity in
meeting the cost and timelines of the
implementation plan.
``(II) Enforcement by director.--
If, at any point while conducting a
review under subclause (I), the
Director determines the Federal entity
will not meet the implementation plan
cost or timelines, the Director shall
take action to enforce the approved
plan.
``(E) Compliance.--
``(i) Initiation of required action.--Not
later than 2 years after the date on which the
President submits approved recommendations for
the reallocation of Federal spectrum to
Congress under subparagraph (B) or (C)(iii)(I)
of subsection (d)(4), the head of each Federal
entity shall initiate all actions required to
comply with the approved recommendations.
``(ii) Completion of required action.--Not
later than 5 years after the date on which the
President submits approved recommendations for
the reallocation of Federal spectrum to
Congress under subparagraph (B) or (C)(iii)(I)
of subsection (d)(4), the head of each Federal
entity shall complete all actions required to
comply with the approved recommendations.
``(2) Congressional disapproval.--
``(A) In general.--No Federal entity may initiate
any action in accordance with the approved
recommendations for the reallocation of Federal
spectrum submitted to Congress by the President under
subparagraph (B) or (C)(iii)(I) of subsection (d)(4) if
there is enacted a joint resolution disapproving the
recommendations before the earlier of--
``(i) the end of the 45-day period
beginning on the date on which the President
submits the recommendations to Congress under
subparagraph (B) or (C)(iii)(I) of subsection
(d)(4); or
``(ii) the adjournment of Congress sine die
for the session during which the
recommendations described in clause (i) are
submitted.
``(B) Computation of time period.--The days on
which either the Senate or the House of Representatives
is not in session because of an adjournment for more
than 3 days to a day certain shall be excluded in the
computation of the time period described in
subparagraph (A)(i).
``(3) Notification of successful relocation.--The President
shall terminate the authorization of a Federal entity and
notify the Secretary and the Federal Communications Commission
of the termination if--
``(A) the NTIA determines that a Federal entity has
achieved comparable capability of systems by relocating
to a new frequency assignment or by utilizing an
alternative technology; or
``(B) the Federal entity has unreasonably failed to
comply with the timeline for relocation approved by the
Director of the Office of Management and Budget under
paragraph (1)(D).
``(f) Auction of Available Frequencies.--
``(1) In general.--Not later than 18 months after the date
on which the President submits approved recommendations for the
reallocation of Federal spectrum to Congress under subparagraph
(B) or (C)(iii)(I) of subsection (d)(4), the Federal
Communications Commission shall promulgate rules for the
conduct of auctions of frequencies that will be made available
according to such recommendations for assignment of new initial
licenses subject to new service rules or for other purposes.
``(2) Requirement.--In promulgating rules under paragraph
(1), the Federal Communications Commission shall--
``(A) minimize the cost to the taxpayer of the
transition of the spectrum to be auctioned to its newly
identified use; and
``(B) ensure that any licensing conditions
established are restricted to interference protections
and ethical, geographic, and financial qualifications
of licensees.
``(3) Schedule for auctions.--Not later than 2 years after
the date on which the President submits approved
recommendations for the reallocation of Federal spectrum to
Congress under subparagraph (B) or (C)(iii)(I) of subsection
(d)(4), the Federal Communications Commission shall commence
auctions under this subsection.
``(g) Relocation of Federal Government Stations.--
``(1) Relocation or sharing costs.--Any Federal entity that
operates a Federal Government station assigned to a band of
frequencies and that incurs relocation or sharing costs because
of the reallocation of frequencies from Federal use to non-
Federal use pursuant to this section shall receive payment for
such costs from the Spectrum Relocation Fund, in accordance
with section 118.
``(2) Federal action to expedite spectrum transfer.--Any
Federal Government station that operates on electromagnetic
spectrum that has been identified in the approved
recommendations for the reallocation of Federal spectrum
submitted to Congress by the President under subparagraph (B)
or (C)(iii)(I) of subsection (d)(4) shall, to the maximum
extent practicable through the use of the authority granted
under this section and any other applicable provision of law,
take action to relocate its spectrum use to other frequencies
that are allocated for Federal use or to consolidate its
spectrum use with other Federal Government stations in a manner
that maximizes the spectrum available for non-Federal use.
``(3) Failure to comply.--If a Federal entity does not
comply with the timeline established in the implementation plan
of the entity that was approved under subsection (e)(1)(D),
Congress may decrease the amount appropriated to the entity in
the following fiscal year by up to \1/2\ of 1 percent.
``(4) Equipment upgrades for department of defense.--If a
band of frequencies assigned to the Department of Defense is
reallocated from Federal use to non-Federal use pursuant to
this section, the relocation or sharing costs for which the
Department may receive payment from the Spectrum Relocation
Fund under section 118 shall include the costs of replacement
with state-of-the-art equipment of any of the equipment used
for relocated operations, whether or not such replacement is
necessary to achieve comparable capability of systems, if the
Secretary of Defense considers such replacement appropriate.
``(h) Treatment of Certain Spectrum Subject to Other Reallocation
Processes.--In the case of spectrum that has been identified for
reallocation, is in the process of being reallocated, or has been
reallocated from Federal to non-Federal use under any other provision
of law or administrative process, but with respect to relocation from
which the Federal entity being relocated has not received payment for
relocation or sharing costs, such spectrum shall be treated as spectrum
allocated for Federal use that may be recommended for reallocation by
the Secretary, the Reallocation Commission, or the President under this
section.''.
(b) Technical and Conforming Amendments.--
(1) Auction proceeds.--Section 309(j) of the Communications
Act of 1934 (47 U.S.C. 309(j)) is amended--
(A) in paragraph (3), by striking subparagraph (F)
and inserting the following:
``(F) for any auction of--
``(i) 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 or sharing costs as
provided to the Commission under section
113(g)(4) of such Act; and
``(ii) frequencies described in section
120(f)(1) of the National Telecommunications
and Information Administration Organization
Act, the recovery of 110 percent of estimated
relocation or sharing costs as provided to the
Commission under section 120(e)(1)(D)(iii) of
such Act.'';
(B) in paragraph (8)(D)--
(i) in clause (i), by inserting ``or
(iii)'' after ``provided in clause (ii)''; and
(ii) by adding at the end the following:
``(iii) Proceeds relating to maximizing
spectrum efficiency and value act of 2013.--
With respect to each auction of frequencies
described in section 120(f)(1) of the National
Telecommunications and Information
Administration Organization Act--
``(I) an amount of the proceeds
equal to the estimated relocation or
sharing costs provided to the
Commission under section
120(e)(1)(D)(iii) of such Act for
relocation of Federal entities from the
frequencies being assigned through such
auction shall be deposited in the
Spectrum Relocation Fund; and
``(II) the remainder of the
proceeds shall be deposited in the
general fund of the Treasury for the
sole purpose of deficit reduction.'';
and
(C) in paragraph (16)--
(i) in the header, by striking ``eligible
frequencies'' and inserting ``reallocated
federal spectrum'';
(ii) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) Special regulations.--The Commission shall
revise the regulations prescribed under paragraph
(4)(F) to prescribe methods by which--
``(i) the total cash proceeds from 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)) shall at least equal 110 percent of
the total estimated relocation or sharing costs
provided to the Commission pursuant to section
113(g)(4) of such Act; and
``(ii) the total cash proceeds from any
auction of frequencies described in section
120(f)(1) of such Act shall at least equal 110
percent of the total estimated relocation or
sharing costs provided to the Commission
pursuant to section 120(e)(1)(D)(iii) of such
Act.
``(B) Conclusion of auctions contingent on minimum
proceeds.--
``(i) In general.--The Commission may not
conclude any auction--
``(I) 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)) if the total
cash proceeds attributable to such
spectrum are less than 110 percent of
the total estimated relocation or
sharing costs provided to the
Commission pursuant to section
113(g)(4) of such Act; or
``(II) of frequencies described in
section 120(f)(1) of such Act if the
total cash proceeds attributable to
such spectrum are less than 110 percent
of the total estimated relocation or
sharing costs provided to the
Commission pursuant to section
120(e)(1)(D)(iii) of such Act.
``(ii) Inability to conclude auction.--If
the Commission is unable to conclude an auction
because of the requirement of subclause (I) or
(II) of clause (i), 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 bidders from any obligation to the
United States to bid in any subsequent
reauction of such spectrum.''; and
(iii) in subparagraph (C)--
(I) by striking ``eligible
frequencies'' and inserting
``frequencies''; and
(II) by striking ``an eligible
Federal entity's'' and inserting ``a
Federal entity's''.
(2) Separation from relocation process under section 113 of
the ntia organization act.--Section 113(g)(2)(B) of the
National Telecommunications and Information Administration
Organization Act (47 U.S.C. 923(g)(2)(B)) is amended by
inserting before the period at the end the following: ``, or
frequencies described in section 120(f)(1) of this Act''.
(3) Spectrum relocation fund.--Section 118 of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 928) is amended--
(A) by striking subsection (c) and inserting the
following:
``(c) Used To Pay Relocation or Sharing Costs.--The amounts in the
Fund--
``(1) from auctions of eligible frequencies described in
section 113(g)(2) are authorized to be used to pay relocation
or sharing costs, as defined in section 113(g)(3), of an
eligible Federal entity incurring such costs with respect to
relocation from or sharing of those frequencies; and
``(2) from auctions of frequencies described in section
120(f)(1) are authorized to be used to pay relocation or
sharing costs, as defined in section 120(a)(7), of a Federal
entity incurring such costs with respect to relocation from
those frequencies.'';
(B) in subsection (d)--
(i) in paragraph (1), by striking
``subsection (c) of this section'' and
inserting ``paragraph (1) and the relocation or
sharing costs specified in paragraph (2) of
subsection (c)''; and
(ii) in paragraph (2)--
(I) in the matter before
subparagraph (A), by striking
``eligible'';
(II) in subparagraph (C), by
striking ``for approval'' each place it
appears; and
(III) in the matter after
subparagraph (C), by striking ``Unless
disapproved'' and all that follows and
inserting ``In the case of an initial
transfer to a Federal entity incurring
relocation or sharing costs with
respect to relocation from frequencies
described in section 120(f)(1),
approval of the implementation plan of
the entity under section 120(e)(1)(D)
constitutes approval under subparagraph
(B).''; and
(C) in subsection (e)--
(i) in the header, by striking
``Eligible'';
(ii) in paragraph (1)--
(I) in subparagraph (A), by
striking ``section 113(g)(1) of this
Act'' and inserting ``section
113(g)(1), or Federal entities
incurring relocation or sharing costs
with respect to relocation from
frequencies described in section
120(f)(1)'';
(II) in subparagraph (B), by
striking ``An eligible Federal entity''
and inserting ``A Federal entity''; and
(III) in subparagraph (C), by
striking ``eligible''; and
(iii) in paragraph (2), by striking ``An
eligible Federal entity'' and inserting ``A
Federal entity''.
SEC. 4. PROHIBITION AGAINST CERTAIN CONDITIONS ON LICENSURE AND AUCTION
PARTICIPATION.
Section 309(j) of the Communications Act of 1934, as amended by
section 3(b)(1), is further amended by adding at the end the following:
``(18) Prohibition against certain conditions on licensure
and auction participation.--The Commission may not--
``(A) establish on a license for the use of
spectrum frequencies any condition relating to its
Report and Order with regard to Preserving the Open
Internet; Broadband Industry Practices (GN Docket No.
09-191, WC Docket No. 07-52) (adopted December 21,
2010);
``(B) restrict the number or type of bidders or any
specific bidder from participating in any public
auction for the assignment of licenses for the use of
spectrum frequencies;
``(C) prescribe the rates or terms of or otherwise
condition services that may be offered by successful
bidders in any such auction; or
``(D) notwithstanding section 316, impose any
additional license requirements or rules on successful
bidders once any such auction has been completed.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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