Page:United States Statutes at Large Volume 107 Part 1.djvu/411

 PUBLIC LAW 103-66 —AUG. 10, 1993 107 STAT. 385 "(E) the reassignment will disrupt the existing use of a Federal Government band of frequencies by amateur radio licensees. "(3) CRITERIA FOR SUBSTITUTED FREQUENCIES.—For purposes of paragraph (1), a frequency may not be substituted for a frequency identified and recommended by the report of the Secretary under section 113(a) unless the substituted frequency also meets each of the criteria specified by section 113(a). "(4) DELAYS IN IMPLEMENTATION. — If the President determines that any action cannot be completed by the delayed effective date recommended by the Secretary pursuant to section 113(e), or that such an action by such date would result in a frequency being unused as a consequence of the Commission's plan under section 115, the President may— "(A) withdraw or limit the assignment to Federal Government stations on a later date that is consistent with such plan, except that the President shall notify each committee specified in paragraph (I)(B) and the Commission of the reason that withdrawal or limitation at a later date is required; or "(B) substitute alternative frequencies pursuant to the provisions of this subsection. "SEC. 116. DISTRTOUTIGN OF FREQUENCIES BY THE COMMISSION. 47 USC 925. "(a) ALLOCATION AND ASSIGNMENT OF IMMEDIATELY AVAILABLE Regulations. FREQUENCIES.—With respect to the frequencies made available for immediate reallocation pursuant to section 113(e)(2), the Commission, not later than 18 months after the date of enactment of the Omnibus Budget Reconciliation Act of 1993, shall issue regulations to allocate such frequencies and shall propose regulations to assign such frequencies. " (b) ALLOCATION AND ASSIGNMENT OF REMAINING AVAILABLE FREQUENCIES.—With respect to the frequencies made available for reallocation pursuant to section 113(e)(3), the Commission shall, not later than 1 year after receipt of the report required by section 113(a), prepare, submit to the President and the Congress, and implement, a plan for the allocation and assignment under the 1934 Act of such frequencies. Such plan shall— "(1) not propose the immediate allocation and assignment of all such frequencies but, taking into account the timetable recommended by the Secretary pursuant to section 113(e), shall propose— "(A) gradually to allocate and assign the frequencies remaining, after making the reservation required by subparagraph (B), over the course of 10 years oeginning on the date of submission of such plan; and "(B) to reserve a significant portion of such frequencies for allocation and assignment beginning after the end of such 10-year period; "(2) contain appropriate provisions to ensure— "(A) the availability of frequencies for new technologies and services in accordance with the policies of section 7 of the 1934 Act (47 U.S.C. 157); "(B) the availability of frequencies to stimulate the development of such technologies; and

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