,,ii #aacth ,,congress #b;d ,session ,s4 #baee ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #be1 #bjad ,mr4 ,kirk introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,national ,telecommunications and ,information ,administration ,organization ,act to create a ,federal ,spectrum ,reallocation ,commission1 to provide for the use of a portion of the proceeds from the auction of reallocated ,federal spectrum for deficit reduction1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,maximizing ,spectrum ,efficiency and ,value ,act of #bjad4 #b4 ,findings ,congress finds the following3 7#a7 ,demand for electromagnetic spectrum is sharply rising due to the growing advanced network of communications devices that rely on spectrum to transmit and receive information4 7#b7 ,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 age4 7#c7 ,spectrum is a finite resource1 and in order to spur innovation1 the ,united ,states must provide for better and more efficient spectrum management4 7#d7 ,many spectrum holders do not efficiently use their frequency assignments1 and a restructuring of the usable spectrum is a viable solution to make up for this lost opportunity4 7#e7 ,making available additional spectrum to meet the demands of broadband technologies and services will prevent dropped connections1 blocked service1 decreased connection speed1 and even higher prices for certain advanced applications4 7#f7 ,the availability of increased spectrum will allow advanced technologies such as #d;,g mobile services1 high-speed wireless1 high definition television1 and more to continue operating without network problems and interference4 7#g7 ,the ,united ,states public debt totals not less than #ad1cjj1jjj1jjj1jjj4 7#h7 ,congress should look for ways to increase ,federal ,government revenues without creating additional burdens on taxpayers4 7#i7 ,auctioning spectrum is the most economically sound method for accurate valuation and assignment of spectrum to develop the next generation of wireless technologies1 expand broadband service to underserved areas of the country1 develop an interoperable public safety network1 and reduce the deficit4 7#aj7 ,certain frequencies of spectrum have substantial market value and could raise significant new revenue in a public auction4 7#aa7 ,barriers to a spectrum auction such as regulatory and administrative delays are not conducive to the free-market approach and can hurt innovation4 7#ab7 ,federal ,government spectrum1 while extremely important1 is vast and should be included in any spectrum reform initiative4 #c4 ,federal ,spectrum ,reallocation ,commission 7a7 ,in general ,part ,b of title ,i of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #iba et seq47 is amended by adding at the end the following3 #abj4 ,federal ,spectrum ,reallocation ,commission 7a7 ,definitions ,in this section-- 7#a7 the term appropriate congressional committees means-- 7,a7 the ,committee on ,appropriations of the ,senate2 7,b7 the ,committee on ,appropriations of the ,house of ,representatives2 7,c7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7#b7 the term ,chairperson means the chairperson of the ,reallocation ,commission designated under subsection 7b77#c77;,b72 7#c7 the term ,director means the ,director of the ,reallocation ,commission appointed under subsection 7b77#e77;,a72 7#d7 the term ,executive agency has the meaning given the term in section #aje of title #e1 ,united ,states ,code2 7#e7 the term ,federal entity means any department1 agency1 or other instrumentality of the ,federal ,government that utilizes a ,government station license obtained under section #cje of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cje72 7#f7 the term ,reallocation ,commission means the ,federal ,spectrum ,reallocation ,commission established under subsection 7b77#a72 and 7#g7 the term relocation or sharing costs-- 7,a7 means the costs incurred by a ,federal entity to achieve comparable capability of systems1 regardless of whether that capability is achieved by relocating to a new frequency assignment or by utilizing an alternative technology2 and 7,b7 includes-- 7i7 the costs of any modification or replacement of equipment1 software1 facilities1 operating manuals1 training costs1 or regulations that are attributable to relocation2 7ii7 the costs of all engineering1 equipment1 software1 site acquisition1 and construction costs1 as well as any legitimate and prudent transaction expense1 including outside consultants1 and reasonable additional costs incurred by the ,federal entity that are attributable to relocation1 including increased recurring costs associated with the replacement facilities2 7iii7 the costs of engineering studies1 economic analyses1 or other expenses reasonably incurred in calculating the estimated relocation or sharing costs that are provided to the ,commission under subsection 7e77#a77;,c7 and approved by the ,director of the ,office of ,management and ,budget under subsection 7e77#a77;,d72 7iv7 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 status1 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 process2 and 7v7 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 assignment4 7b7 ,establishment and operation of ,reallocation ,commission 7#a7 ,establishment ,there is established an independent commission to be known as the ,federal ,spectrum ,reallocation ,commission4 7#b7 ,duties ,the ,reallocation ,commission shall carry out the duties described in this section4 7#c7 ,membership 7,a7 ,appointments 7i7 ,in general ,the ,reallocation ,commission shall be composed of #i members appointed by the ,president1 by and with the advice and consent of the ,senate4 7ii7 ,requirements for membership 7,i7 ,in general ,of the #i members appointed by the ,president under clause 7i7-- 7aa7 not more than #a member may be a current employee or contractor of the ,department of ,defense2 7bb7 not more than #a member may be former employee or contractor of the ,department of ,defense2 7cc7 not fewer than #a member shall be a representative of the commercial mobile technology industry2 and 7dd7 not fewer than #a member shall be a representative from a standards-setting body that is accredited by the ,american ,national ,standards ,institute to develop voluntary industry standards4 7,,ii7 ,private-sector representation ,in making appointments under clause 7i71 the ,president shall ensure that there is robust private-sector representation on the ,reallocation ,commission4 7iii7 ,transmission of nominations ,not later than #ahj days after the date of enactment of this section1 the ,president shall transmit to the ,senate the nominations for appointment to the ,commission4 7iv7 ,consultation ,in selecting individuals for nominations for appointments to the ,reallocation ,commission1 the ,president shall consult with-- 7,i7 the ,speaker of the ,house of ,representatives concerning the appointment of #c members2 7,,ii7 the majority leader of the ,senate concerning the appointment of #c members2 7,,iii7 the minority leader of the ,house of ,representatives concerning the appointment of #a member2 and 7,,iv7 the minority leader of the ,senate concerning the appointment of #a member4 7v7 ,nonpolitical nature of appointment ,no political test or qualification may be used in selecting1 appointing1 promoting1 or taking other personnel actions with respect to members1 officers1 agents1 or employees of the ,reallocation ,commission4 7,b7 ,chairperson ,at the time the ,president nominates individuals for appointments under subparagraph 7,a71 the ,president shall designate #a of the individuals nominated to serve as the ,chairperson of the ,reallocation ,commission4 7,c7 ,terms 7i7 ,in general ,each member of the ,reallocation ,commission may serve until the ,commission sunsets under paragraph 7#ab74 7ii7 ,chairperson ,the ,chairperson may serve until the confirmation of a successor4 7iii7 ,vacancies ,any vacancy in the ,reallocation ,commission shall be filled in the same manner as the original appointment4 7,d7 ,compensation of members 7i7 ,in general ,each member of the ,reallocation ,commission1 other than the ,chairperson1 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 #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the actual performance of duties vested in the ,reallocation ,commission4 7ii7 ,chairperson ,the ,chairperson shall be paid for each day referred to in clause 7i7 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 #ecad of title #e1 ,united ,states ,code4 7#d7 ,meetings 7,a7 ,in general ,each meeting of the ,reallocation ,commission1 other than meetings in which classified information is to be discussed1 shall be open to the public4 7,b7 ,access to information ,all of the proceedings1 information1 and deliberations of the ,commission shall be open1 upon request1 to-- 7i7 the ,chairman and the ranking member of the ,subcommittee on ,communications1 ,technology1 and the ,internet of the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 or such other members of the ,subcommittee designated by the ,chairman or ranking member of the ,subcommittee2 7ii7 the ,chairman and the ranking member of the ,subcommittee on ,communications and ,technology of the ,committee on ,energy and ,commerce of the ,house of ,representatives1 or such other members of the ,subcommittee designated by the ,chairman or ranking member of the ,subcommittee2 and 7iii7 the ,chairmen and ranking members of the ,subcommittees on ,commerce1 ,justice1 ,science1 and ,related ,agencies and on ,financial ,services and ,general ,government of the ,committees on ,appropriations of the ,senate and of the ,house of ,representatives1 or such other members of the ,subcommittees designated by such ,chairmen or ranking members4 7#e7 ,director of staff 7,a7 ,in general ,the ,reallocation ,commission shall1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 appoint a ,director4 7,b7 ,pay ,the ,director shall1 without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title 7relating to classification and ,general ,schedule pay rates71 be paid at the rate of basic pay payable for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code4 7#f7 ,staff 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 the ,director1 with the approval of the ,reallocation ,commission1 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 ,commission4 7,b7 ,limitation ,the ,director may make such appointments without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and any personnel so appointed may be paid without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of that title relating to classification and ,general ,schedule pay rates1 except that an individual appointed under this paragraph may not receive pay in excess of the annual rate of basic pay payable for ,,gs-#ah of the ,general ,schedule4 7,c7 ,detail of ,government employees ,upon request of the ,director1 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 duties4 7,d7 ,,gao agreement ,the ,comptroller ,general of the ,united ,states shall provide assistance1 including the detailing of employees1 to the ,reallocation ,commission in accordance with an agreement entered into with the ,reallocation ,commission4 7#g7 ,procurement of temporary and intermittent services ,the ,chairperson may procure temporary and intermittent services under section #caji of title #e1 ,united ,states ,code1 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 #ecaf of such title4 7#h7 ,property ,the ,chairperson may lease space and acquire personal property to the extent funds are available4 7#i7 ,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 ,states4 7#aj7 ,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 section4 ,upon request of any member of the ,reallocation ,commission1 the head of that agency or department shall furnish that information to the ,reallocation ,commission in a full and timely manner4 7#aa7 ,funding ,there are authorized to be transferred to the ,reallocation ,commission #ac1jjj1jjj from the ,spectrum ,relocation ,fund established under section #aah to carry out the duties of the ,reallocation ,commission under this section1 and such funds shall remain available until the term of the ,reallocation ,commission sunsets under paragraph 7#ab74 ,the funds remaining after the sunset of the ,commission shall be returned to the ,treasury for the sole purpose of deficit reduction4 7#ab7 ,sunset ,this subsection is repealed effective #fj days after the date on which the ,president approves the recommendations of the ,reallocation ,commission pursuant to subsection 7d77#d74 7c7 ,spectrum utilization plan 7#a7 ,in general ,as part of the budget justification documents submitted to ,congress in support of the budget submitted under section #aaje of title #ca1 ,united ,states ,code1 for each fiscal year1 the head of each ,federal entity shall include a spectrum utilization plan4 7#b7 ,contents ,a spectrum utilization plan submitted by the head of a ,federal entity under paragraph 7#a7 shall include-- 7,a7 the total spectrum authorized for the entity 7in percentage terms and in sum7 in each band the entity uses2 7,b7 the approximate number of transmitters1 end-user terminals1 or receivers1 excluding unintended radiators1 that have been deployed by the entity or authorized to be used by the entity2 7,c7 if such information is available-- 7i7 the type of transmitters1 end-user terminals1 or receivers1 excluding unintended radiators1 operated by the entity and whether they are space-1 air-1 or ground-based2 7ii7 the type of transmitters1 end-user terminals1 or receivers1 excluding unintended radiators1 authorized to be operated by the entity and whether they are space-1 air-1 or ground-based2 7iii7 contour maps or other information that illustrates the coverage area1 receiver performance1 and other parameters relevant to an assessment of the availability of spectrum in each band used by the entity2 7iv7 the approximate geolocation of base stations or fixed transmitters used by the entity2 7v7 the approximate extent of use1 by geography1 of each band of frequencies used by the entity1 such as the amount and percentage of time of use1 number of end-users1 or other measures as appropriate to the particular band2 7vi7 the activities1 capabilities1 functions1 or missions supported by the transmitters1 end-user terminals1 or receivers used by the entity2 and 7vii7 the types of unlicensed devices authorized to be operated by the entity2 7,d7 the opportunity cost borne by the entity for each spectrum band the entity uses2 7,e7 the planned uses of technologies or expanded services requiring spectrum for a period of time agreed to by the entity2 and 7,f7 suggested spectrum-efficient approaches to meeting the spectrum requirements identified under subparagraph 7,e74 7#c7 ,requirement ,the head of each ,federal entity required to submit a spectrum utilization plan under paragraph 7#a7 shall submit a copy of each plan submitted under such paragraph to the ,reallocation ,commission1 the ,secretary1 and the ,,ntia4 7#d7 ,national security2 classified information 7,a7 ,national security ,if the head of a ,federal entity determines that disclosure of information required under paragraph 7#a7 would be harmful to the national security of the ,united ,states1 such head shall-- 7i7 notify the ,secretary of such determination2 and 7ii7 provide to the ,secretary-- 7,i7 the other publicly releasable information required under paragraph 7#a72 7,,ii7 to the maximum extent practicable1 a summary description of the information with respect to which the determination was made2 and 7,,iii7 an annex containing the information with respect to which the determination was made4 7,b7 ,classified information ,if the head of a ,federal entity determines that any information required under paragraph 7#a7 is classified in accordance with ,executive ,order #acebf 7#ej ,u4,s4,c4 #dce note7 or any successor ,executive order establishing or modifying the uniform system for classifying1 safeguarding1 and declassifying national security information1 such head shall-- 7i7 notify the ,secretary of such determination2 and 7ii7 provide to the ,secretary-- 7,i7 the information required under paragraph 7#a7 that is not classified2 7,,ii7 to the maximum extent practicable1 a summary description of the information that is classified2 and 7,,iii7 an annex containing the information that is classified4 7,c7 ,annex restriction 7i7 ,availability to ,,ntia and ,relocation ,commission ,the ,secretary shall make an annex described in subparagraph 7,a77ii77,,iii7 or 7,b77ii77,,iii7 available to the ,,ntia and the ,relocation ,commission4 7ii7 ,no public availability ,the ,,ntia1 the ,secretary1 and the ,relocation ,commission shall not make an annex described in subparagraph 7,a77ii77,,iii7 or 7,b77ii77,,iii7 available to the public or to any unauthorized person through any means4 7d7 ,procedure for making recommendations for spectrum reallocation 7#a7 ,recommendations by ,secretary of ,commerce ,not later than #ah months after the date on which the ,president submits the budget documents that include spectrum utilization plans described in subsection 7c7 to ,congress for the first fiscal year following the date of enactment of this section1 the ,secretary shall prepare and submit to the appropriate congressional committees1 the ,comptroller ,general of the ,united ,states1 and the ,reallocation ,commission a report identifying and recommending for reallocation bands of frequencies-- 7,a7 that are allocated on a primary basis for ,federal ,government use2 7,b7 that-- 7i7 are not required for the needs of the ,federal ,government at the time the report is submitted2 or 7ii7 will not be required for such needs in the identifiable future2 and 7,c7 that can feasibly be made available1 as of the date of submission of the report or at any time during the #e-year period beginning on such date1 for assignment through a system of competitive bidding under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j774 7#b7 ,criteria for identification 7,a7 ,needs of the ,federal ,government ,in determining whether a band of frequencies meets one of the criteria specified in paragraph 7#a77;,b71 the ,secretary shall-- 7i7 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 vendor1 or whether the communications services provided on such frequencies could be relocated to other frequencies used by the ,federal ,government2 7ii7 seek to promote-- 7,i7 the maximum practicable reliance on commercially available substitutes2 7,,ii7 the efficient use of spectrum by ,federal ,government stations2 7,,iii7 the development and use of new communications technologies2 and 7,,iv7 the use of nonradiating communications systems where practicable2 and 7iii7 seek to avoid-- 7,i7 serious degradation of ,federal ,government services and operations2 7,,ii7 excessive costs to the ,federal ,government and users of ,federal ,government services2 and 7,,iii7 excessive disruption of existing use of ,federal ,government frequencies by amateur radio licensees4 7,b7 ,direct discussions 7i7 ,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 7#a74 7ii7 ,hearings and public comment 7,i7 ,in general ,as part of the discussions required under clause 7i71 the ,secretary shall conduct public hearings and accept public comment on the recommendations4 7,,ii7 ,testimony under oath ,all testimony before the ,secretary at a public hearing conducted under this clause shall be presented under oath4 7,,iii7 ,publication on website ,all testimony and public comments collected under this clause shall be made available on a public website4 7iii7 ,representation ,a representative of the ,reallocation ,commission1 and of the ,secretary at the election of the ,secretary1 may attend any discussion held under clause 7i74 7iv7 ,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 7i7 before the ,secretary submits the recommendation required under paragraph 7#a74 7#c7 ,review and recommendations by the ,reallocation ,commission 7,a7 ,review 7i7 ,in general ,after receiving the recommendations from the ,secretary under paragraph 7#a71 the ,reallocation ,commission shall review and analyze the recommendations4 7ii7 ,new and innovative management techniques and technologies ,in conducting the review and analysis under clause 7i71 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 spectrum4 7iii7 ,hearings 7,i7 ,in general ,as part of the review and analysis required under clause 7i71 the ,reallocation ,commission shall conduct public hearings on the recommendations4 7,,ii7 ,testimony under oath ,all testimony before the ,reallocation ,commission at a public hearing conducted under this clause shall be presented under oath4 7,b7 ,recommendations 7i7 ,in general ,not later than #ahj days after the date on which the ,secretary submits recommendations under paragraph 7#a7 to the ,reallocation ,commission1 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 7,a71 including any recommendations for ,federal spectrum reallocation4 7ii7 ,requirement ,a report submitted under clause 7i7 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 7#a74 7,c7 ,transmission of information to ,congress ,after the ,reallocation ,commission submits recommendations to the ,president under subparagraph 7,b71 upon request by a ,member of ,congress1 the ,reallocation ,commission shall provide to the ,member of ,congress any information used by the ,reallocation ,commission in making the recommendations4 7,d7 ,,gao requirements ,the ,comptroller ,general of the ,united ,states shall-- 7i7 assist the ,reallocation ,commission1 to the extent requested1 in the review and analysis under subparagraph 7,a72 and 7ii7 not later than #ij days after the date on which the ,secretary makes recommendations under paragraph 7#a71 submit to ,congress and to the ,reallocation ,commission a report that contains a detailed analysis of the recommendations and selection process of the ,secretary4 7#d7 ,review by the ,president 7,a7 ,in general ,not later than #cj days after the date on which the ,reallocation ,commission submits recommendations for ,federal spectrum reallocation under paragraph 7#c77;,b71 the ,president shall-- 7i7 determine whether to approve the recommendations made by the ,reallocation ,commission2 and 7ii7 submit to ,congress and the ,reallocation ,commission a report that describes the determination made under clause 7i74 7,b7 ,approval ,if the ,president approves the recommendations under subparagraph 7,a77i71 the ,president shall submit a copy of the recommendations to ,congress4 7,c7 ,disapproval 7i7 ,in general ,if the ,president disapproves the recommendations under subparagraph 7,a77i71 the ,president shall submit to ,congress and to the ,reallocation ,commission a report that describes the reasons that the ,president disapproves of the recommendations4 7ii7 ,reallocation ,commission revisions ,not later than #fj days after the date on which the ,president submits to the ,reallocation ,commission a report under clause 7i71 the ,reallocation ,commission shall submit to the ,president a revised list of recommendations for reallocation of ,federal spectrum4 7iii7 ,approval and disapproval of revisions 7,i7 ,approval ,if the ,president approves the revised list of recommendations submitted by the ,reallocation ,commission under clause 7ii71 the ,president shall submit the revised list to ,congress4 7,,ii7 ,disapproval ,if the ,president disapproves the revised list of recommendations submitted by the ,reallocation ,commission under clause 7ii71 the ,president and the ,reallocation ,commission shall complete the requirements described in clauses 7i7 and 7ii7 until the ,president approves recommendations from the ,reallocation ,commission4 7#e7 ,public disclosure and nondisclosure 7,a7 ,in general ,if the head of an ,executive agency or ,federal entity1 the ,chairperson1 or the ,president determines that public disclosure of any information contained in the reports1 recommendations1 testimony1 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 security1 homeland security1 or public safety or would jeopardize law enforcement investigations1 the head of the ,executive agency or ,federal entity1 the ,chairperson1 or the ,president shall notify the ,secretary of that determination prior to release of such information4 7,b7 ,annex 7i7 ,in general ,if the head of an ,executive agency or ,federal entity1 the ,chairperson1 or the ,president notifies the ,secretary of a determination under subparagraph 7,a71 the information required to be disclosed under this section shall be included in a separate classified annex1 as needed4 7ii7 ,requirement ,a classified annex described under clause 7i7-- 7,i7 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 stipulations2 and 7,,ii7 shall not be disclosed to the public or provided to any unauthorized person through any means4 7e7 ,reallocation of ,federal ,spectrum 7#a7 ,agency action 7,a7 ,,ntia requirement ,not later than #ahj days after the date on which the ,president submits approved recommendations for the reallocation of ,federal spectrum to ,congress under subparagraph 7,b7 or 7,c77iii77,i7 of subsection 7d77#d71 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 7,c74 7,b7 ,requirement ,to the extent practicable and consistent with national security considerations1 the ,,ntia shall provide the information described in subparagraph 7,a7 by the geographic location of the facilities or systems of the ,federal entity and the frequency bands used by the facilities or systems4 7,c7 ,implementation plan 7i7 ,in general ,not later than #a year after the date on which the ,president submits approved recommendations for the reallocation of ,federal spectrum to ,congress under subparagraph 7,b7 or 7,c77iii77,i7 of subsection 7d77#d71 the head of each ,federal entity required to relocate spectrum under the recommendations shall prepare and submit to the ,president1 the appropriate congressional committees1 the ,,ntia1 the ,federal ,communications ,commission1 the ,director of the ,office of ,management and ,budget1 and the ,comptroller ,general of the ,united ,states a plan for implementation of the recommendations related to the ,federal entity4 7ii7 ,contents ,an implementation plan submitted by a ,federal entity under clause 7i7 shall include-- 7,i7 a description of how the ,federal entity will comply with the approved recommendations for the reallocation of ,federal spectrum submitted to ,congress under subparagraph 7,b7 or 7,c77iii77,i7 of subsection 7d77#d72 7,,ii7 any statutory or regulatory barriers that will prohibit the ,federal entity from complying with the recommendations described in subclause 7,i72 7,,iii7 the estimated cost to the ,federal entity of frequency withdrawal or relocation2 and 7,,iv7 the estimated timeline of the ,federal entity for frequency withdrawal or relocation4 7,d7 ,review of implementation plan 7i7 ,in general ,not later than #cj days after the date on which an implementation plan is submitted under subparagraph 7,c71 the ,director of the ,office of ,management and ,budget shall review and determine whether to approve the implementation plan4 7ii7 ,disapproval ,if an implementation plan submitted under subparagraph 7,c7 is disapproved by the ,director of the ,office of ,management and ,budget1 the ,federal entity that submitted the implementation plan shall submit a revised implementation plan under such subparagraph1 and the submission and review process shall continue until an implementation plan is approved4 7iii7 ,approval of all plans ,not later than #g days after the date on which the ,director of the ,office of ,management and ,budget approves the plans submitted under subparagraph 7,c71 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 subparagraph4 7iv7 ,review of progress 7,i7 ,in general ,at the beginning of each fiscal year following approval of a plan required under subparagraph 7,c71 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 plan4 7,,ii7 ,enforcement by ,director ,if1 at any point while conducting a review under subclause 7,i71 the ,director determines the ,federal entity will not meet the implementation plan cost or timelines1 the ,director shall take action to enforce the approved plan4 7,e7 ,compliance 7i7 ,initiation of required action ,not later than #b years after the date on which the ,president submits approved recommendations for the reallocation of ,federal spectrum to ,congress under subparagraph 7,b7 or 7,c77iii77,i7 of subsection 7d77#d71 the head of each ,federal entity shall initiate all actions required to comply with the approved recommendations4 7ii7 ,completion of required action ,not later than #e years after the date on which the ,president submits approved recommendations for the reallocation of ,federal spectrum to ,congress under subparagraph 7,b7 or 7,c77iii77,i7 of subsection 7d77#d71 the head of each ,federal entity shall complete all actions required to comply with the approved recommendations4 7#b7 ,congressional ,disapproval 7,a7 ,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 7,b7 or 7,c77iii77,i7 of subsection 7d77#d7 if there is enacted a joint resolution disapproving the recommendations before the earlier of-- 7i7 the end of the #de-;day period beginning on the date on which the ,president submits the recommendations to ,congress under subparagraph 7,b7 or 7,c77iii77,i7 of subsection 7d77#d72 or 7ii7 the adjournment of ,congress sine die for the session during which the recommendations described in clause 7i7 are submitted4 7,b7 ,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 #c days to a day certain shall be excluded in the computation of the time period described in subparagraph 7,a77i74 7#c7 ,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-- 7,a7 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 technology2 or 7,b7 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 7#a77;,d74 7f7 ,auction of available frequencies 7#a7 ,in general ,not later than #ah months after the date on which the ,president submits approved recommendations for the reallocation of ,federal spectrum to ,congress under subparagraph 7,b7 or 7,c77iii77,i7 of subsection 7d77#d71 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 purposes4 7#b7 ,requirement ,in promulgating rules under paragraph 7#a71 the ,federal ,communications ,commission shall-- 7,a7 minimize the cost to the taxpayer of the transition of the spectrum to be auctioned to its newly identified use2 and 7,b7 ensure that any licensing conditions established are restricted to interference protections and ethical1 geographic1 and financial qualifications of licensees4 7#c7 ,schedule for auctions ,not later than #b years after the date on which the ,president submits approved recommendations for the reallocation of ,federal spectrum to ,congress under subparagraph 7,b7 or 7,c77iii77,i7 of subsection 7d77#d71 the ,federal ,communications ,commission shall commence auctions under this subsection4 7g7 ,relocation of ,federal ,government stations 7#a7 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 ,fund1 in accordance with section #aah4 7#b7 ,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 7,b7 or 7,c77iii77,i7 of subsection 7d77#d7 shall1 to the maximum extent practicable through the use of the authority granted under this section and any other applicable provision of law1 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 use4 7#c7 ,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 7e77#a77;,d71 ,congress may decrease the amount appropriated to the entity in the following fiscal year by up to of #a percent4 7#d7 ,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 section1 the relocation or sharing costs for which the ,department may receive payment from the ,spectrum ,relocation ,fund under section #aah shall include the costs of replacement with state-of-the-art equipment of any of the equipment used for relocated operations1 whether or not such replacement is necessary to achieve comparable capability of systems1 if the ,secretary of ,defense considers such replacement appropriate4 7h7 ,treatment of certain spectrum subject to other reallocation processes ,in the case of spectrum that has been identified for reallocation1 is in the process of being reallocated1 or has been reallocated from ,federal to non-,federal use under any other provision of law or administrative process1 but with respect to relocation from which the ,federal entity being relocated has not received payment for relocation or sharing costs1 such spectrum shall be treated as spectrum allocated for ,federal use that may be recommended for reallocation by the ,secretary1 the ,reallocation ,commission1 or the ,president under this section4 4 7b7 ,technical and conforming amendments 7#a7 ,auction proceeds ,section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77 is amended-- 7,a7 in paragraph 7#c71 by striking subparagraph 7,f7 and inserting the following3 7,f7 for any auction of-- 7i7 eligible frequencies described in section #aac7;g77#b7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;g77#b771 the recovery of #aaj percent of estimated relocation or sharing costs as provided to the ,commission under section #aac7;g77#d7 of such ,act2 and 7ii7 frequencies described in section #abj7;f77#a7 of the ,national ,telecommunications and ,information ,administration ,organization ,act1 the recovery of #aaj percent of estimated relocation or sharing costs as provided to the ,commission under section #abj7;e77#a77;,d77iii7 of such ,act4 2 7,b7 in paragraph 7#h77;,d7-- 7i7 in clause 7i71 by inserting or 7iii7 after provided in clause 7ii72 and 7ii7 by adding at the end the following3 7iii7 ,proceeds relating to ,maximizing ,spectrum ,efficiency and ,value ,act of #bjac ,with respect to each auction of frequencies described in section #abj7;f77#a7 of the ,national ,telecommunications and ,information ,administration ,organization ,act-- 7,i7 an amount of the proceeds equal to the estimated relocation or sharing costs provided to the ,commission under section #abj7;e77#a77;,d77iii7 of such ,act for relocation of ,federal entities from the frequencies being assigned through such auction shall be deposited in the ,spectrum ,relocation ,fund2 and 7,,ii7 the remainder of the proceeds shall be deposited in the general fund of the ,treasury for the sole purpose of deficit reduction4 2 and 7,c7 in paragraph 7#af7-- 7i7 in the header1 by striking eligible frequencies and inserting reallocated ,federal spectrum2 7ii7 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 ,special regulations ,the ,commission shall revise the regulations prescribed under paragraph 7#d77;,f7 to prescribe methods by which-- 7i7 the total cash proceeds from any auction of eligible frequencies described in section #aac7;g77#b7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;g77#b77 shall at least equal #aaj percent of the total estimated relocation or sharing costs provided to the ,commission pursuant to section #aac7;g77#d7 of such ,act2 and 7ii7 the total cash proceeds from any auction of frequencies described in section #abj7;f77#a7 of such ,act shall at least equal #aaj percent of the total estimated relocation or sharing costs provided to the ,commission pursuant to section #abj7;e77#a77;,d77iii7 of such ,act4 7,b7 ,conclusion of auctions contingent on minimum proceeds 7i7 ,in general ,the ,commission may not conclude any auction-- 7,i7 of eligible frequencies described in section #aac7;g77#b7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;g77#b77 if the total cash proceeds attributable to such spectrum are less than #aaj percent of the total estimated relocation or sharing costs provided to the ,commission pursuant to section #aac7;g77#d7 of such ,act2 or 7,,ii7 of frequencies described in section #abj7;f77#a7 of such ,act if the total cash proceeds attributable to such spectrum are less than #aaj percent of the total estimated relocation or sharing costs provided to the ,commission pursuant to section #abj7;e77#a77;,d77iii7 of such ,act4 7ii7 ,inability to conclude auction ,if the ,commission is unable to conclude an auction because of the requirement of subclause 7,i7 or 7,,ii7 of clause 7i71 the ,commission shall cancel the auction1 return within #de days after the auction cancellation date any deposits from participating bidders held in escrow1 and absolve such bidders from any obligation to the ,united ,states to bid in any subsequent reauction of such spectrum4 2 and 7iii7 in subparagraph 7,c7-- 7,i7 by striking eligible frequencies and inserting frequencies2 and 7,,ii7 by striking an eligible ,federal entity's and inserting a ,federal entity's4 7#b7 ,separation from relocation process under section #aac of the ,,ntia ,organization ,act ,section #aac7;g77#b77;,b7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;g77#b77;,b77 is amended by inserting before the period at the end the following3 1 or frequencies described in section #abj7;f77#a7 of this ,act4 7#c7 ,spectrum ,relocation ,fund ,section #aah of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh7 is amended-- 7,a7 by striking subsection 7c7 and inserting the following3 7c7 ,used ,to pay relocation or sharing costs ,the amounts in the ,fund-- 7#a7 from auctions of eligible frequencies described in section #aac7;g77#b7 are authorized to be used to pay relocation or sharing costs1 as defined in section #aac7;g77#c71 of an eligible ,federal entity incurring such costs with respect to relocation from or sharing of those frequencies2 and 7#b7 from auctions of frequencies described in section #abj7;f77#a7 are authorized to be used to pay relocation or sharing costs1 as defined in section #abj7;a77#g71 of a ,federal entity incurring such costs with respect to relocation from those frequencies4 2 7,b7 in subsection 7d7-- 7i7 in paragraph 7#a71 by striking subsection 7c7 of this section and inserting paragraph 7#a7 and the relocation or sharing costs specified in paragraph 7#b7 of subsection 7c72 and 7ii7 in paragraph 7#b7-- 7,i7 in the matter before subparagraph 7,a71 by striking eligible2 7,,ii7 in subparagraph 7,c71 by striking for approval each place it appears2 and 7,,iii7 in the matter after subparagraph 7,c71 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 #abj7;f77#a71 approval of the implementation plan of the entity under section #abj7;e77#a77;,d7 constitutes approval under subparagraph 7,b742 and 7,c7 in subsection 7e7-- 7i7 in the header1 by striking ,eligible2 7ii7 in paragraph 7#a7-- 7,i7 in subparagraph 7,a71 by striking section #aac7;g77#a7 of this ,act and inserting section #aac7;g77#a71 or ,federal entities incurring relocation or sharing costs with respect to relocation from frequencies described in section #abj7;f77#a72 7,,ii7 in subparagraph 7,b71 by striking ,an eligible ,federal entity and inserting ,a ,federal entity2 and 7,,iii7 in subparagraph 7,c71 by striking eligible2 and 7iii7 in paragraph 7#b71 by striking ,an eligible ,federal entity and inserting ,a ,federal entity4 #d4 ,prohibition against certain conditions on licensure and auction participation ,section #cji7;j7 of the ,communications ,act of #aicd1 as amended by section #c7;b77#a71 is further amended by adding at the end the following3 7#ah7 ,prohibition against certain conditions on licensure and auction participation ,the ,commission may not-- 7,a7 establish on a license for the use of spectrum frequencies any condition relating to its ,report and ,order with regard to ,preserving the ,open ,internet2 ,broadband ,industry ,practices 7,,gn ,docket ,no4 #ji-aia1 ,,wc ,docket ,no4 #jg-eb7 7adopted ,december #ba1 #bjaj72 7,b7 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 frequencies2 7,c7 prescribe the rates or terms of or otherwise condition services that may be offered by successful bidders in any such auction2 or 7,d7 notwithstanding section #caf1 impose any additional license requirements or rules on successful bidders once any such auction has been completed4 4