Page:United States Statutes at Large Volume 107 Part 1.djvu/406

 107 STAT. 380 PUBLIC LAW 103-66 —AUG. 10, 1993 47 USC 922. "SEC. 112. NATIONAL SPECTRUM ALLOCATION PLANNING. The Assistant Secretary and the Chairman of the Commission shall meet, at least biannually, to conduct joint spectrum planning with respect to the following issues: be issued pursuant to section 309(j) of the 1934 Act to increase Federal revenues; agencies; ''(3) the spectrum allocation actions necessary to accommodate those uses; and "(4) actions necessary to promote the efficient use of the spectrum, including spectrum meuiagement techniques to promote increased shared use of the spectrum that does not cause harmful interference as a means of increasing commercieil access. 47 USC 923. "SEC. 113. IDENTIFICATION OF REALLOCABLE FREQUENCIES. Reports. «(a) IDENTIFICATION REQUIRED. —The Secretary shall, within 18 months after the date of the enactment of the Omnibus Budget Reconciliation Act of 1993, prepare and submit to the President and the Congress a report identifying and recommending for reallocation bands of frequencies— "(1) that are allocated on a primary basis for Federal Government use; "(2) that are not required for the present or identifiable future needs of the Federal Government; ''(3) that can feasibly be made available, as of the date of submission of the report or at any time during the next 15 years, for use under the 1934 Act (other than for Federal Government stations under section 305 of the 1934 Act); "(4) the transfer of which (from Federal Government use) will not result in costs to the Federal Government, or losses of services or benefits to the public, that are excessive in relation to the benefits to the public that may be provided by non-Federal licensees; and "(5) that are most likely to have the greatest potential for productive uses and public benefits under the 1934 Act if allocated for non-Federal use. "(b) MINIMUM AMOUNT OF SPECTRUM RECOMMENDED.— "(1) IN GENERAL. —In accordance with the provisions of this section, the Secretary shall recommend for reallocation, for use other than by Federal Government stations under section 305 of the 1934 Act (47 U.S.C. 305), bands of frequencies that in the aggregate span not less than 200 megahertz, that are located below 5 gigahertz, and that meet the criteria specified in paragraphs (1) through (5) of subsection (a). Such bands of frequencies shall include bands of frequencies, located below 3 gigeihertz, that span in the aggregate not less than 100 megaJiertz. "(2) MIXED USES PERMITTED TO BE COUNTED. —Bands of frequencies which a report of the Secretary under subsection (a) or (d)(1) recommends be partially retained for use by Federal (jrovernment stations, but which are also recommended to be reallocated to be made av£ulable under the 1934 Act for use by non-Federal stations, may be counted toward the minimum
 * (1) the extent to which licenses for spectrum use can
 * (2) the future spectrum requirements for public and private uses, including State and local government public safety

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