,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #daga  ,,in ,,the ,,house ,,of  
,,representatives  ,august #f1 #bjai,ms4
 ,matsui introduced the following bill2 
which was referred to the ,committee on 
,energy and ,commerce  ,a ,,bill  ,to   
provide for a transition process to make
 electromagnetic spectrum between the   
frequencies of #cgjj megahertz and #dbjj
 megahertz available for allocation and 
auction1 to make available ,federal     
spectrum for non-,federal use or shared 
,federal and non-,federal use1 and for  
other purposes4  #a4 ,short title2 table
 of contents  7a7 ,short title ,this    
,act may be cited as the ,wireless      
,investment ,now in #e;,g ,act or the   
,,win #e;,g ,act4  7b7 ,table of        
contents ,the table of contents for this
 ,act is as follows3  ,sec4 #a4 ,short  
title2 table of contents4 ,sec4 #b4     
,definitions4 ,sec4 #c4 ,rule of        
construction4 ,title ,i--,transition of 
,certain ,spectrum ,sec4 #aja4          
,transition of spectrum between #cgjj   

megahertz and #dbjj megahertz4 ,title   
,,ii--,federal ,spectrum ,availability  
,sec4 #bja4 ,costs of spectrum research 
and development and planning activities4
 ,sec4 #bjb4 ,inclusion of spectrum     
sharing in annual ,,ntia report on      
relocation4 ,sec4 #bjc4 ,studies on     
reallocation of certain ,federal        
spectrum4 ,sec4 #bjd4 ,identification1  
reallocation1 and auction of certain    
,federal spectrum4 ,sec4 #bje4          
,definitions4 ,title ,,iii--,,ntia      
,research and ,development ,sec4 #cja4  
,,ntia independent research and         
development costs4 ,title ,,iv--,rural  
,broadband ,deployment ,sec4 #dja4      
,rural ,broadband ,deployment ,fund4    
#b4 ,definitions ,in this ,act3 7#a7    
,appropriate committees of congress ,the
 term appropriate committees of         
,congress means--  7,a7 the ,committee  
on ,appropriations of the ,house of     
,representatives2  7,b7 the ,committee  
on ,appropriations of the ,senate2  7,c7
 the ,committee on ,energy and ,commerce

 of the ,house of ,representatives2 and 
7,d7 the ,committee on ,commerce1       
,science1 and ,transportation of the    
,senate4  7#b7 ,commission ,the term    
,commission means the ,federal          
,communications ,commission4  #c4 ,rule 
of construction ,each range of          
frequencies described in this ,act shall
 be construed to be inclusive of the    
upper and lower frequencies in the      
range4  ,i ,transition of ,certain      
,spectrum  #aja4 ,transition of spectrum
 between #cgjj megahertz and #dbjj      
megahertz  7a7 ,designation of          
transition facilitator  7#a7 ,in general
 ,not later than #fj days after the date
 of the enactment of this ,act1 the     
,commission shall designate to serve as 
the ,transition ,facilitator for        
purposes of this section an organization
 that--  7,a7 consists of all satellite 
operators providing service using       
spectrum between the frequencies of     
#cgjj megahertz and #dbjj megahertz to  
the continental ,united ,states pursuant

 to a license or grant of market access 
issued by the ,commission2 and  7,b7    
agrees to serve as the ,transition      
,facilitator and to carry out the duties
 of the ,transition ,facilitator under  
this section4  7#b7 ,exception ,the     
,commission may designate under         
paragraph 7#a7 an organization          
consisting of less than all satellite   
operators described in subparagraph 7,a7
 of such paragraph if--  7,a7 any       
satellite operator described in such    
subparagraph that is not part of such   
organization-- 7i7 notifies the         
,commission that such operator does not 
wish to be part of the ,transition      
,facilitator2 or  7ii7 is otherwise     
determined by the ,commission not to be 
necessary to be part of the ,transition 
,facilitator2 and  7,b7 the organization
 designated by the ,commission consists 
of not fewer than #d satellite operators
 described in such subparagraph4  7b7   
,transition facilitation plan  7#a7     
,submission by transition facilitator   

,not later than #abj days after the     
,transition ,facilitator is designated  
under subsection 7a71 the ,transition   
,facilitator shall submit to the        
,commission and the appropriate         
committees of ,congress a transition    
facilitation plan for the spectrum      
between the frequencies of #cgjj        
megahertz and #dbjj megahertz that      
contains the information required by    
paragraph 7#b74  7#b7 ,required contents
 ,the transition facilitation plan shall
 contain the following3 7,a7 ,a         
specification of the amount of spectrum 
between the frequencies of #cgjj        
megahertz and #dbjj megahertz that the  
,transition ,facilitator determines can 
be cleared in each geographic area in   
the continental ,united ,states1        
together with--  7i7 a demonstration    
that the amount of spectrum specified   
for each such area is the maximum amount
 of spectrum in such area that can be   
made available for the assignment of    
licenses through a system of competitive

 bidding under subsection 7c77#a72 and  
7ii7 a demonstration that end users will
 receive service after the              
implementation of the transition        
facilitation plan that is comparable in 
quality to service received before the  
implementation of the transition        
facilitation plan4  7,b7 ,a service     
migration plan1 including-- 7i7 a       
description1 for each geographic area in
 the continental ,united ,states1 of any
 activities that will be conducted or   
measures that will be taken by the      
,transition ,facilitator to ensure the  
continuation of services corresponding  
to an earth station receiving           
transmissions using spectrum between the
 frequencies of #cgjj megahertz and     
#dbjj megahertz2 and  7ii7 a description
 of any other activities that will be   
conducted or measures that will be taken
 by the ,transition ,facilitator to     
implement the service migration plan4   
7,c7 ,a technical migration plan1       
including a description of any          

activities or measures necessary to     
ensure continuation of service to       
incumbent end users4  7,d7 ,an end user 
protection plan1 including-- 7i7 any    
documentation received by the           
,transition ,facilitator from end users 
of any activities1 measures1 or         
equipment necessary to ensure end users 
receive service after the implementation
 of the transition facilitation plan    
that is comparable in quality to service
 received before the implementation of  
the transition facilitation plan2 and   
7ii7 any reasonable requests from end   
users for inclusion of estimated costs  
under subparagraph 7,e77ii74  7,e7 ,an  
estimate of the costs expected to be    
incurred by--  7i7 the ,transition      
,facilitator for activities1 measures1  
or equipment necessary to clear spectrum
 in accordance with the transition      
facilitation plan in each geographic    
area in the continental ,united ,states1
 including any necessary equipment      
associated with migrating services2 and 

7ii7 end users in each geographic area  
in the continental ,united ,states for  
activities1 measures1 or equipment      
necessary to clear spectrum in          
accordance with the transition          
facilitation plan1 including costs to   
migrate services to--  7,i7 alternative 
technologies2 or  7,,ii7 spectrum other 
than spectrum between the frequencies of
 #cgjj megahertz and #dbjj megahertz4   
7,f7 ,a proceeds division plan stating a
 method by which the portion of the     
proceeds of a system of competitive     
bidding under paragraph 7#a7 of         
subsection 7c7 that is paid to the      
,transition ,facilitator under paragraph
 7#c77;,a77i77,,ii7 of such subsection  
may be divided between--  7i7 entities  
that comprise the ,transition           
,facilitator2 and  7ii7 licensees and   
registrants of earth stations receiving 
signals between the frequencies of #cgjj
 megahertz and #dbjj megahertz4  7#c7   
,review by commission ,not later than   
#fj days after the submission of the    

transition facilitation plan under      
paragraph 7#a71 the ,commission shall-- 
7,a7 review such plan to determine      
whether such plan contains the          
information required by paragraph 7#b72 
and  7,b7 submit to the ,transition     
,facilitator and the appropriate        
committees of ,congress a report on the 
determination under subparagraph 7,a71  
including1 if the ,commission determines
 that any such information is omitted or
 inadequate--  7i7 a description of the 
omitted or inadequate information2 and  
7ii7 if the ,commission determines that 
the transition facilitation plan does   
not contain an adequate demonstration of
 a matter specified in clause 7i7 or    
7ii7 of paragraph 7#b77;,a71 the steps  
that the ,commission determines are     
necessary to correct the inadequacy4    
7#d7 ,opportunity to cure omission or   
inadequacy  7,a7 ,submission of revised 
plan ,if the ,commission determines     
under paragraph 7#c77;,a7 that any      
information required by paragraph 7#b7  

to be in the transition facilitation    
plan is omitted or inadequate1 the      
,transition ,facilitator shall1 not     
later than #ij days after receiving the 
report of the ,commission under         
paragraph 7#c77;,b71 submit a revised   
transition facilitation plan to cure the
 omission or inadequacy4  7,b7 ,review  
of revised plan ,not later than #fj days
 after the submission of a revised      
transition facilitation plan under      
subparagraph 7,a71 the ,commission      
shall--  7i7 review such plan to        
determine whether such plan contains the
 information required by paragraph 7#b72
 and  7ii7 submit to the ,transition    
,facilitator and the appropriate        
committees of ,congress a report on the 
determination under clause 7i71         
including1 if the ,commission determines
 that any such information is omitted or
 inadequate1 a description of the       
omitted or inadequate information4  7,c7
 ,effect of failure to cure ,if the     
,transition ,facilitator fails to submit

 a revised transition facilitation plan 
as required by subparagraph 7,a71       
subsections 7c71 7d71 and 7e7 shall not 
apply4  7#e7 ,modifications by          
,commission  7,a7 ,in general ,if the   
,commission determines under paragraph  
7#d77;,b77i7 that information required  
by paragraph 7#b7 is omitted or         
inadequate in a revised transition      
facilitation plan submitted by the      
,transition ,facilitator under paragraph
 7#d77;,a71 the ,commission shall1 after
 public notice and an opportunity for   
public comment1 modify such plan in     
order to cure the omission or           
inadequacy4  7,b7 ,limitation ,in making
 any modification under subparagraph    
7,a71 the ,commission-- 7i7 may not1    
subject to subparagraph 7,a77ii71 change
 the amount of spectrum to be cleared in
 each geographic area under such plan2  
and  7ii7 shall ensure that any such    
modification does not harm end users4   
7,c7 ,deadline ,the ,commission shall   
complete any modification under         

subparagraph 7,a7 not later than #ij    
days after the date on which the        
,commission submits the report required 
by paragraph 7#d77;,b77ii74  7,d7       
,report ,not later than #cj days after  
completing any modification under       
subparagraph 7,a71 the ,commission shall
 submit to the ,transition ,facilitator 
and the appropriate committees of       
,congress a report that contains the    
modified transition facilitation plan4  
7c7 ,assignment of licenses through     
competitive bidding  7#a7 ,in general   
,consistent with the transition         
facilitation plan submitted under       
paragraph 7#a7 of subsection 7b7 or the 
revised transition facilitation plan    
submitted under paragraph 7#d77;,a7 of  
such subsection 7including any          
modification of such plan by the        
,commission under paragraph 7#e77;,a7 of
 such subsection71 as the case may be1  
the ,commission shall--  7,a7 allocate  
the spectrum to be cleared in each      
geographic area in the continental      

,united ,states1 as specified under     
subsection 7b77#b77;,a71 for terrestrial
 use 7other than the use for which such 
spectrum is allocated on the date of the
 enactment of this ,act72  7,b7 modify  
the spectrum usage rights of each       
satellite operator providing service and
 each end user using such spectrum      
7including any such operator that is not
 part of the ,transition ,facilitator1  
as provided in subsection 7a77#b77 so as
 to effect the removal of the co-primary
 allocation protection afforded to such 
operator with respect to the use of such
 spectrum for satellite service 7except 
with respect to a limited number of     
telemetry1 tracking1 and command sites1 
as the ,commission considers necessary72
 and  7,c7 through a system of          
competitive bidding under section       
#cji7;j7 of the ,communications ,act of 
#aicd 7#dg ,u4,s4,c4 #cji7;j771 assign  
licenses for the use of such spectrum4  
7#b7 ,deadline ,the ,commission shall   
complete the actions required by        

paragraph 7#a7 not later than-- 7,a7 if 
the ,commission determines under        
paragraph 7#c77;,a7 of subsection 7b7   
that the transition facilitation plan   
submitted under paragraph 7#a7 of such  
subsection contains the information     
required by paragraph 7#b7 of such      
subsection1 the date that is #f months  
after the ,commission submits the report
 required by paragraph 7#c77;,b7 of such
 subsection2 or  7,b7 if the ,commission
 determines under paragraph 7#c77;,a7 of
 subsection 7b7 that the transition     
facilitation plan submitted under       
paragraph 7#a7 of such subsection does  
not contain the information required by 
paragraph 7#b7 of such subsection--  7i7
 if the ,commission determines under    
subparagraph 7,b77i7 of paragraph 7#d7  
of subsection 7b7 that the revised      
transition facilitation plan submitted  
under subparagraph 7,a7 of such         
paragraph contains the information      
required by paragraph 7#b7 of such      
subsection1 the date that is #f months  

after the ,commission submits the report
 required by subparagraph 7,b77ii7 of   
such paragraph 7#d72 or  7ii7 if the    
,commission determines under            
subparagraph 7,b77i7 of paragraph 7#d7  
of subsection 7b7 that the revised      
transition facilitation plan submitted  
under subparagraph 7,a7 of such         
paragraph does not contain the          
information required by paragraph 7#b7  
of such subsection1 the date that is #f 
months after the ,commission completes  
the modification required by paragraph  
7#e77;,a7 of such subsection4  7#c7 ,use
 of proceeds  7,a7 ,in general          
,notwithstanding subparagraphs 7,a7 and 
7,c77i7 of section #cji7;j77#h7 of the  
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #cji7;j77#h771 in the case of 
the proceeds from the use of a system of
 competitive bidding under paragraph    
7#a7 that are attributable to the       
licenses assigned in a geographic area  
in the continental ,united ,states      
7including deposits and upfront payments

 from successful bidders and excluding  
the costs retained by the salaries and  
expenses account of the ,commission     
under subparagraph 7,b7 of such         
section7--  7i7 the ,commission shall   
pay the ,transition ,facilitator an     
amount of such proceeds that is equal to
 the sum of--  7,i7 the costs reasonably
 incurred and documented by the         
,transition ,facilitator for activities1
 measures1 or equipment necessary to    
clear spectrum in such geographic area  
in accordance with the transition       
facilitation plan submitted under       
paragraph 7#a7 of subsection 7b7 or the 
revised transition facilitation plan    
submitted under paragraph 7#d77;,a7 of  
such subsection 7including any          
modification of such plan by the        
,commission under paragraph 7#e77;,a7 of
 such subsection71 as the case may be2  
and  7,,ii7 a percentage of such        
proceeds 7excluding the amount of the   
costs described in subclause 7,i7 and   
any amounts paid to end users under     

clause 7ii7 with respect to such        
geographic area7 determined under       
subparagraph 7,b72  7ii7 the ,commission
 shall pay each end user an amount of   
such proceeds that is equal to the costs
 7if any7 reasonably incurred and       
documented by such end user for         
activities1 measures1 or equipment      
necessary to clear spectrum in          
accordance with the transition          
facilitation plan in such geographic    
area1 including costs to migrate        
services in such geographic area to     
alternative technologies or to spectrum 
other than spectrum between the         
frequencies of #cgjj megahertz and #dbjj
 megahertz2 and  7iii7 the remainder of 
such proceeds shall be deposited in the 
,rural ,broadband ,deployment ,fund     
established by section #dja4  7,b7      
,percentage of proceeds determined ,the 
percentage of proceeds determined under 
this subparagraph with respect to a     
geographic area is the following3  7i7  
,if the amount of spectrum cleared in   

such geographic area is less than #ajj  
megahertz1 #j percent4  7ii7 ,if the    
amount of spectrum cleared in such      
geographic area is #ajj megahertz or    
greater but less than #bjj megahertz1   
#aj percent4  7iii7 ,if the amount of   
spectrum cleared in such geographic area
 is #bjj megahertz or greater but less  
than #cjj megahertz1 #ce percent4  7iv7 
,if the amount of spectrum cleared in   
such geographic area is #cjj megahertz  
or greater but less than #djj megahertz1
 #ge percent4  7v7 ,if the amount of    
spectrum cleared in such geographic area
 is #djj megahertz or greater but less  
than #ejj megahertz1 #ij percent4  7vi7 
,if the amount of spectrum cleared in   
such geographic area is #ejj megahertz1 
#ajj percent4  7,c7 ,treatment of guard 
bands ,in the case of spectrum that is  
designated as a guard band after the    
reallocation required by paragraph 7#a71
 such spectrum shall be treated as      
having been cleared for purposes of     
determining the percentage of proceeds  

under subparagraph 7,b71 except that not
 more than #bj megahertz of spectrum in 
each geographic area may be so treated4 
7,d7 ,proceeds adjustments ,the         
,commission shall increase the          
percentage of proceeds determined with  
respect to a geographic area under      
subparagraph 7,b7 7except for clause    
7vi7 of such subparagraph7 by #e percent
 if--  7i7 the ,commission determines   
under paragraph 7#c77;,a7 of subsection 
7b7 that the transition facilitation    
plan submitted under paragraph 7#a7 of  
such subsection contains the information
 required by paragraph 7#b7 of such     
subsection2 and  7ii7 not later than #cj
 days after the ,commission makes the   
determination described in clause 7i71  
the ,transition ,facilitator            
demonstrates to the ,commission that the
 ,transition ,facilitator has taken any 
steps necessary to clear spectrum in    
such geographic area in accordance with 
the transition facilitation plan4  7d7  
,implementation of transition           

facilitation plan ,the ,commission may  
not make a payment to the ,transition   
,facilitator under subsection 7c77#c7   
until the ,transition ,facilitator has  
fully implemented the transition        
facilitation plan submitted under       
paragraph 7#a7 of subsection 7b7 or the 
revised transition facilitation plan    
submitted under paragraph 7#d77;,a7 of  
such subsection 7including any          
modification of such plan by the        
,commission under paragraph 7#e77;,a7 of
 such subsection71 as the case may be1  
except for the portion of such plan     
required by paragraph 7#b77;,f7 of such 
subsection4  7e7 ,submission of         
additional transition facilitation plans
 ,not later than #c years after the     
,commission determines that the         
implementation of the transition        
facilitation plan submitted under       
paragraph 7#a7 of subsection 7b7 or the 
revised transition facilitation plan    
submitted under paragraph 7#d77;,a7 of  
such subsection 7including any          

modification of such plan by the        
,commission under paragraph 7#e77;,a7 of
 such subsection71 as the case may be1  
is completed1 the ,transition           
,facilitator may submit an additional   
transition facilitation plan to the     
,commission to clear additional spectrum
 between the frequencies of #cgjj       
megahertz and #dbjj megahertz4 ,except  
for the deadline for the submission of  
the transition facilitation plan under  
paragraph 7#a7 of such subsection1 any  
such additional transition facilitation 
plan shall be subject to this section in
 the same manner and to the same extent 
as the initial transition facilitation  
plan1 and1 not later than #c years after
 the ,commission determines that the    
implementation of such additional       
transition facilitation plan is         
completed1 the ,transition ,facilitator 
may submit another additional transition
 facilitation plan as described in this 
subsection4  7f7 ,definitions ,in this  
section3 7#a7 ,clear ,the term clear    

means1 with respect to electromagnetic  
spectrum between the frequencies of     
#cgjj megahertz and #dbjj megahertz1 to 
make such spectrum available for        
allocation and the assignment of        
licenses through a system of competitive
 bidding under subsection 7c77#a74  7#b7
 ,end user ,the term end user means any 
entity that-- 7,a7 is a licensee or     
registrant of an earth station receiving
 signals between the frequencies of     
#cgjj megahertz and #dbjj megahertz2 or 
7,b7 receives or distributes programming
 or services using spectrum between the 
frequencies of #cgjj megahertz and #dbjj
 megahertz4  7#c7 ,transition           
facilitator ,the term ,transition       
,facilitator means the organization     
designated under subsection 7a74  ,,ii  
,federal ,spectrum ,availability  #bja4 
,costs of spectrum research and         
development and planning activities     
,section #aah7;g7 of the ,national      
,telecommunications and ,information    
,administration ,organization ,act 7#dg 

,u4,s4,c4 #ibh7;g77 is amended--  7#a7  
in paragraph 7#a7-- 7,a7 in subparagraph
 7,a71 by striking 2 and and inserting a
 semicolon2  7,b7 in subparagraph 7,b71 
by striking the period at the end and   
inserting 2 and2 and  7,c7 by adding at 
the end the following3  7,c7 the        
,director of ,,omb may make a payment   
described in paragraph 7#b7 from amounts
 in the ,fund other than amounts made   
available under subparagraphs 7,a7 and  
7,b7 if1 before making the payment1 the 
,director of ,,omb1 in consultation with
 the ,,ntia1 determines and submits to  
the congressional committees described  
in subsection 7d77#b77;,c7 a            
certification that--  7i7 the conditions
 described in subclauses 7,i7 and 7,,ii7
 of paragraph 7#b77;,d77i7 have been    
met2  7ii7 as of the date of the        
certification1 amounts made available   
under subparagraphs 7,a7 and 7,b7 are   
insufficient to make the payment        
requested by the ,federal entity in the 
plan approved under paragraph 7#b77;,e7 

by the ,technical ,panel established    
under section #aac7;h77#c72 and  7iii7  
the payment will leave sufficient       
amounts in the ,fund to pay the         
relocation or sharing costs that will be
 incurred by eligible ,federal entities 
to complete the implementation of all   
transition plans that1 as of the date of
 the certification1 have been found     
sufficient by the ,technical ,panel     
under section #aac7;h77#d74  2 and  7#b7
 in paragraph 7#b7-- 7,a7 in            
subparagraph 7,d77ii71 by inserting     
after #fj days the following3 7or1 in   
the case of a payment under paragraph   
7#a77;,c71 #cj days72 and  7,b7 by      
adding at the end the following3  7,f7  
,consultation regarding sharing         
frequencies on unlicensed basis ,if a   
,federal entity that receives a payment 
under subparagraph 7,a7 determines1 in  
carrying out activities under a plan    
approved by the ,technical ,panel under 
subparagraph 7,e71 that it is not       
feasible for such ,federal entity to    

make available frequencies described in 
such plan for reallocation for          
non-,federal use or shared ,federal and 
non-,federal use1 or a combination      
thereof1 and for auction in accordance  
with such reallocation--  7i7 such      
,federal entity shall submit to the     
,,ntia a certification stating the      
determination2 and  7ii7 the ,,ntia     
shall consult with the ,commission and  
such ,federal entity regarding whether  
such frequencies may be shared with     
non-,federal entities on an unlicensed  
basis4  4  #bjb4 ,inclusion of spectrum 
sharing in annual ,,ntia report on      
relocation ,section #bjg of the         
,commercial ,spectrum ,enhancement ,act 
7#dg ,u4,s4,c4 #ibh note7 is amended--  
7#a7 in paragraph 7#a7--  7,a7 by       
inserting or sharing of after relocation
 from2 and  7,b7 by striking section    
#aah7;d77#b77;,a7 and inserting section 
#aah7;d77#b77;,b72 and  7#b7 in         
paragraph 7#b7-- 7,a7 by striking       
relocated communication system and      

inserting such communication system2    
7,b7 by striking relocation costs and   
inserting relocation or sharing costs2  
and  7,c7 by striking relocations costs 
and inserting relocation or sharing     
costs4  #bjc4 ,studies on reallocation  
of certain ,federal spectrum  7a7 ,in   
general ,not later than #f months after 
the date of the enactment of this ,act1 
each ,federal entity that1 as of such   
date of enactment1 is operating on      
spectrum between the frequencies of     
#cdej megahertz to #ceej megahertz      
shall--  7#a7 request a payment under   
section #aah7;g77#b7 of the ,national   
,telecommunications and ,information    
,administration ,organization ,act 7#dg 
,u4,s4,c4 #ibh7;g77#b77 for the purpose 
of conducting a study of any such       
frequencies on which such entity        
operates in order to determine the      
feasibility of the reallocation of such 
frequencies1 or a portion thereof1 for  
non-,federal use or shared ,federal and 
non-,federal use1 or a combination      

thereof1 and auction in accordance with 
such reallocation2 and  7#b7 if such    
,federal entity receives such payment-- 
7,a7 conduct such study2 and  7,b7      
submit to the appropriate committees of 
,congress and the ,secretary a report on
 the results of such study4  7b7        
,conditions and limitations  7#a7       
,receipt of payment ,a ,federal entity  
is not required to conduct a study under
 subsection 7a7 if such entity requests 
such payment in accordance with section 
#aah7;g77#b7 of the ,national           
,telecommunications and ,information    
,administration ,organization ,act 7#dg 
,u4,s4,c4 #ibh7;g77#b77 but does not    
receive such payment4  7#b7 ,inability  
to achieve comparable capability of     
systems ,if it is found in a study      
conducted under subsection 7a7 that any 
,federal entity operating on spectrum   
with respect to which the study is      
conducted would not be able to achieve  
comparable capability of systems in the 
case of the reallocation of such        

spectrum or a portion thereof for       
non-,federal use or shared ,federal and 
non-,federal use1 or a combination      
thereof1 and auction in accordance with 
such reallocation1 the ,federal entity  
that conducted the study shall submit to
 the ,national ,telecommunications and  
,information ,administration and the    
,director of the ,office of ,management 
and ,budget a certification stating such
 finding4  #bjd4 ,identification1       
reallocation1 and auction of certain    
,federal spectrum  7a7 ,identification  
of spectrum ,not later than ,january #a1
 #bjbe1 the ,secretary shall-- 7#a7 for 
the frequencies with respect to which a 
,federal entity makes an affirmative    
feasibility determination under section 
#bjc7;a71 determine whether the         
,secretary concurs with the             
determination of the ,federal entity2   
and  7#b7 if the ,secretary concurs with
 the determination of the ,federal      
entity1 submit to the ,president and the
 ,commission a report identifying for   

reallocation the frequencies with       
respect to which the ,federal entity    
made the determination4  7b7 ,clearing  
of spectrum ,the ,president shall-- 7#a7
 not later than #ahj days after the     
,secretary submits a report under       
subsection 7a77#b71 begin the process of
 withdrawing or modifying the assignment
 to a ,federal ,government station of   
the frequencies identified in such      
report2 and  7#b7 not later than #cj    
days after completing the withdrawal or 
modification1 notify the ,commission    
that the withdrawal or modification is  
complete4  7c7 ,reallocation and auction
  7#a7 ,in general ,the ,commission     
shall-- 7,a7 reallocate the frequencies 
identified in a report under subsection 
7a77#b7 for non-,federal use or shared  
,federal and non-,federal use1 or a     
combination thereof2 and  7,b7          
notwithstanding paragraph 7#ae77;,a7 of 
section #cji7;j7 of the ,communications 
,act of #aicd 7#dg ,u4,s4,c4 #cji7;j771 
not later than ,january #a1 #bjbf1 begin

 a system of competitive bidding under  
such section to grant new initial       
licenses for the use of such            
frequencies1 subject to flexible-use    
service rules4  7#b7 ,proceeds  7,a7 ,in
 general ,notwithstanding subparagraphs 
7,a71 7,c77i71 and 7,d77i7 of section   
#cji7;j77#h7 of the ,communications ,act
 of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h771 
in the case of the proceeds from the use
 of a system of competitive bidding     
under paragraph 7#a77;,b7 7including    
deposits and upfront payments from      
successful bidders71 after the retention
 of costs by the salaries and expenses  
account of the ,commission under        
subparagraph 7,b7 of such section and   
the deposit in the ,spectrum ,relocation
 ,fund established by section #aah of   
the ,national ,telecommunications and   
,information ,administration            
,organization ,act 7#dg ,u4,s4,c4 #ibh7 
of such portion of such proceeds as is  
necessary to cover the relocation or    
sharing costs 7as defined in section    

#aac7;g77#c7 of such ,act 7#dg ,u4,s4,c4
 #ibc7;g77#c77 of ,federal entities with
 respect to such system of competitive  
bidding and the amounts required to be  
made available to the ,director of the  
,office of ,management and ,budget under
 subsections 7f7 and 7g7 of such section
 #aah1 the remainder of such proceeds   
shall be deposited in the ,rural        
,broadband ,deployment ,fund established
 by section #dja4  7,b7 ,rule of        
construction ,nothing in this section   
shall be construed to relieve the       
,commission from the requirements of    
section #cji7;j77#af77;,b7 of the       
,communications ,act of #aicd 7#dg      
,u4,s4,c4 #cji7;j77#af77;,b774  7d7     
,auction authority ,section             
#cji7;j77#aa7 of the ,communications    
,act of #aicd 7#dg ,u4,s4,c4            
#cji7;j77#aa77 is amended-- 7#a7 by     
striking the period at the end and      
inserting 2 and2  7#b7 by striking      
except that1 with respect to and        
inserting except that-- 7,a7 with       

respect to  2 and  7#c7 by adding at the
 end the following3  7,b7 with respect  
to the frequencies identified under     
section #bjd7;a77#b7 of the ,wireless   
,investment ,now in #e;,g ,act1 such    
authority shall expire on ,september    
#cj1 #bjbg4  4  7e7 ,relationship to    
,spectrum ,pipeline identification      
requirement ,the identification of      
frequencies under subsection 7a77#b71   
withdrawal or modification of the       
assignment to a ,federal ,government    
station of such frequencies under       
subsection 7b71 or reallocation or      
auction of such frequencies under       
subsection 7c7 does not preclude such   
frequencies from being identified under 
section #ajjf7;c7 of the ,spectrum      
,pipeline ,act of #bjae 7,public ,law   
#aad-gd2 #abi ,stat4 #fbd74  #bje4      
,definitions ,in this title3 7#a7       
,comparable capability of systems ,the  
term comparable capability of systems   
has the meaning described in section    
#aac7;g77#c77;,b7 of the ,national      

,telecommunications and ,information    
,administration ,organization ,act 7#dg 
,u4,s4,c4 #ibc7;g77#c77;,b774  7#b7     
,federal entity ,the term ,federal      
entity has the meaning given such term  
in section #aac7l7 of the ,national     
,telecommunications and ,information    
,administration ,organization ,act 7#dg 
,u4,s4,c4 #ibc7l774  7#c7 ,secretary    
,the term ,secretary means the          
,secretary of ,commerce4  ,,iii ,,ntia  
,research and ,development  #cja4 ,,ntia
 independent research and development   
costs ,section #aah of the ,national    
,telecommunications and ,information    
,administration ,organization ,act 7#dg 
,u4,s4,c4 #ibh7 is amended by adding at 
the end the following3  7j7 ,,ntia      
independent research and development    
costs  7#a7 ,in general ,notwithstanding
 subsections 7c7 through 7e71 from      
amounts described in paragraph 7#b71 the
 ,director of ,,omb may transfer to the 
salaries and expenses account of the    
,,ntia such sums as may be necessary for

 costs incurred by the ,,ntia to conduct
 independent research and development1  
engineering studies1 economic analyses1 
or other activities not already subject 
to a plan approved under subsection     
7g77#b77;,e7 and intended to improve the
 efficiency and effectiveness of the    
spectrum use of ,federal entities in    
order to make available frequencies     
described in paragraph 7#c7 for         
reallocation for non-,federal use or    
shared ,federal and non-,federal use1 or
 a combination thereof1 and for auction 
in accordance with such reallocation4   
7#b7 ,amounts described ,the amounts    
described in this paragraph are amounts 
in the ,fund from auctions of eligible  
frequencies that are made available for 
reallocation and auction primarily as a 
result of research and development1     
engineering studies1 economic analyses1 
or other activities intended to improve 
the efficiency and effectiveness of the 
spectrum use of ,federal entities in    
order to make available frequencies for 

reallocation for non-,federal use or    
shared ,federal and non-,federal use1 or
 a combination thereof1 and for auction 
in accordance with such reallocation1   
that are conducted by the ,,ntia after  
the date of the enactment of this       
subsection1 regardless of whether the   
,,ntia conducts such activities using   
amounts transferred to the ,,ntia under 
paragraph 7#a74  7#c7 ,frequencies      
described ,the frequencies described in 
this paragraph are frequencies that--   
7,a7 are assigned to a ,federal entity2 
and  7,b7 at the time when the          
activities described in paragraph 7#a7  
are conducted1 are not identified for   
auction4  7#d7 ,availability of funds   
,amounts transferred under paragraph    
7#a7 shall be available for obligation  
subject to the terms and conditions of  
the receiving appropriations account and
 shall remain available until expended4 
7#e7 ,no charge to ,federal agencies    
,notwithstanding any other provision of 
law 7including the terms and conditions 

of an appropriations account referred to
 in paragraph 7#d771 the ,,ntia may not 
charge any ,federal agency for an       
activity conducted using amounts        
transferred to the ,,ntia under         
paragraph 7#a74  7#f7 ,rule of          
construction ,nothing in this subsection
 shall be construed to limit the        
availability to the ,,ntia to conduct   
activities described in paragraph 7#a7  
of funds1 other than amounts transferred
 under such paragraph1 that are         
otherwise available to the ,,ntia to    
conduct such activities4  4  ,,iv ,rural
 ,broadband ,deployment  #dja4 ,rural   
,broadband ,deployment ,fund  7a7       
,establishment ,there is established in 
the ,treasury of the ,united ,states a  
fund to be known as the ,rural          
,broadband ,deployment ,fund4  7b7      
,availability of funds ,to the extent or
 in the amounts provided in advance in  
appropriation ,acts1 amounts in the     
,rural ,broadband ,deployment ,fund     
shall be available to the ,commission to

 make payments to expand access to      
broadband in unserved and underserved   
areas4  7c7 ,no combination with other  
support ,in making payments under       
subsection 7b71 the ,commission may not 
combine such payments with any other    
support for broadband provided by the   
,commission4