,,ii #aafth ,,congress #ast ,session ,s4 #aifh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #be1 #bjai,mr4 ,wicker 7for himself1 ,mr4 ,schatz1 and ,mr4 ,moran7 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 provide for necessary payments from the ,spectrum ,relocation ,fund for costs of spectrum research and development and planning activities1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,supplementing the ,pipeline for ,efficient ,control of ,the ,resources for ,users ,making ,new ,opportunities for ,wireless ,act or the ,,spectrum ,,now ,act4 #b4 ,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 #c4 ,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 #d4 ,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 megahertz1 inclusive1 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 #e4 ,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 #d7;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 to cover #aaj percent of ,federal relocation or sharing costs ,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 #e7;a77#b7 of the ,,spectrum ,,now ,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 #f4 ,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 7#c7 ,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#d7 ,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#e7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4