[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5419 Considered and Passed House (CPH)]
108th CONGRESS
2d Session
H. R. 5419
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 20, 2004
Mr. Upton introduced the following bill; which was referred to the
Committee on Energy and Commerce
November 20, 2004
The Committee on Energy and Commerce discharged; considered and passed
_______________________________________________________________________
A BILL
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.
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
consumer 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
(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
Administration shall--
``(A) establish a joint program to facilitate
coordination and communication between Federal, State,
and local emergency 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 Commerce, Science, and
Transportation and Appropriations of the Senate.
``(3) Purpose of office.--The Office shall--
``(A) take actions, in concert with coordinators
designated in accordance with subsection (b)(3)(A)(ii),
to improve such coordination and communication;
``(B) develop, collect, and disseminate information
concerning practices, procedures, and technology used
in the implementation of E-911 services;
``(C) advise and assist eligible entities in the
preparation 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
Administrator 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
Homeland Security and the Chairman of the Federal
Communications 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
Administrator 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,
prescribing 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 Secretary 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 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
subsection (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
appropriated 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
Administration.
``(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
created by one or more eligible entities described in
subparagraph (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
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
Communications 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
communications 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 Representatives 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 Representatives and the Committee
on Commerce, Science, and Transportation of the Senate detailing--
(1) the number of tier III commercial mobile service
providers 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;
(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
providers.
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 requirements 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 Enhancement
Act''.
SEC. 202. RELOCATION OF ELIGIBLE FEDERAL ENTITIES FOR THE REALLOCATION
OF SPECTRUM FOR COMMERCIAL PURPOSES.
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
relocation 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 pursuant to subsection (a), are eligible to
receive payment under this paragraph.
``(2) Eligible frequencies.--The bands of eligible
frequencies 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 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 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;
``(C) the costs of engineering studies, economic
analyses, 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
equipment 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 bidding
process; and
``(E) 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.
``(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) 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 Commerce
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 Comptroller 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 frequencies
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
Management and Budget under section 118(d)(2)(B).''.
SEC. 203. MINIMUM AUCTION RECEIPTS AND DISPOSITION OF PROCEEDS.
(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
frequencies.--
``(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 Telecommunications 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 Commission pursuant to
section 113(g)(4) of such Act.
``(B) Conclusion of auctions contingent on minimum
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 bidders 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 interference to
such Federal entity until such entity's authorization
has been terminated by the National Telecommunications
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
Telecommunications 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.--
``(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
submitted to the Committees on Appropriations and
Energy and Commerce 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 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 subsection (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 relocation
costs back to the Fund immediately after the NTIA has 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 extensions 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
promotes 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 Administration
shall submit an annual report to the Committees on Appropriations 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
relocations 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
Telecommunications and Information Administration shall submit to the
Energy and Commerce Committee of the House of Representatives and the
Commerce, Science, and Transportation Committee 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
electromagnetic spectrum capacity that have been assigned by
the Federal Communications Commission--
(A) prior to enactment of section 309(j) of the
Communications 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
Commission'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
competitive 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
investors in an applicant, including a discussion of any
additional effect if such applicant qualified for bidding
credits as a designated 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 President's
Budget of the United States Government for Fiscal Year 2004
(Budget, page 299; Appendix, page 1046), and an evaluation of
whether the enactment of this proposal could address, either in
part or in whole, any possible competitive disadvantages
described in paragraph (2).
(c) FCC Assistance.--The Federal Communications Commission 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''.
SEC. 302. APPLICATION OF CERTAIN TITLE 31 PROVISIONS TO UNIVERSAL
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
Communications 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.--Section 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).
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