[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5419 Enrolled Bill (ENR)]
H.R.5419
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To amend the National Telecommunications and Information Administration
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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.