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Private Spectrum Relocation Funding Act of 2015

S. 2227 · 114th Congress · Nov 3, 2015 · Lineage

A BILL

To amend the National Telecommunications and Information Administration Organization Act to permit the National Telecommunications and Information Administration to authorize Federal agencies to accept certain payments related to spectrum efficiency and reallocation, and for other purposes.

Section 1 Short title

This Act may be cited as the “Private Spectrum Relocation Funding Act of 2015”.

Sec. 2 Funds related to spectrum transitions

Section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923) is amended—
(1)
by redesignating subsection (l) as subsection (m); and
(2)
by inserting after subsection (k) the following:

“(l) Certain payments related to spectrum transitions

“(1) Definitions—In this subsection—

“(A) the term covered transition plan means a transition plan that has been—

“(i) submitted to the NTIA and the Technical Panel under subsection (h);

“(ii) reviewed and deemed sufficient by the Technical Panel under that subsection; and

“(iii) published as provided under that subsection; and

“(B) the term Technical Panel means the Technical Panel established under subsection (h)(3).

“(2) Certain payments permitted—Notwithstanding section 1341, subchapter II of chapter 15, and section 3302 of title 31, United States Code, a Federal entity may collect or receive any money or other thing of value from a private entity as payment or reimbursement to accelerate—

“(A) the implementation of a covered transition plan; or

“(B) commercial or other non-Federal use of spectrum subject to a covered transition plan.

“(3) Conditions on use of funds—A Federal entity may not collect or receive any money or other thing of value under paragraph (2) unless—

“(A) the entity submits a proposal to the NTIA describing—

“(i) the activities for which the entity is to be paid or reimbursed; and

“(ii) the extent to which the activities described in clause (i) are expected to accelerate—

“(I) the implementation of a covered transition plan; or

“(II) commercial or other non-Federal use of spectrum subject to a covered transition plan; and

“(B) the Technical Panel approves the proposal submitted under subparagraph (A)—

“(i) based on written findings of the Technical Panel, made publicly available on the website of the NTIA, that—

“(I) the funded activities are reasonably likely to materially accelerate the implementation of a covered transition plan or commercial or other non-Federal use of spectrum subject to a covered transition plan, as described in the proposal; and

“(II) the Federal entity would be unable to achieve the outcomes described in subparagraph (A)(ii) without the money or other thing of value that the Federal entity proposes to collect or receive; and

“(ii) which, when approved, shall be considered an update to the covered transition plan of the Federal entity.”