Page:United States Statutes at Large Volume 111 Part 1.djvu/288

 Ill STAT. 264 PUBLIC LAW 105-33 —AUG. 5, 1997 the new facilities or spectrum are not comparable to the facilities or spectrum from which the Federal Government station was relocated, the person who filed the petition under paragraph (2) for such relocation shall take reasonable steps to remedy any defects or pay the Federal entity for the expenses incurred in returning the Federal Government station to the spectrum from which such station was relocated. "(h) FEDERAL ACTION TO EXPEDITE SPECTRUM TRANSFER. —Any Federal Government station which operates on electromagnetic spectrum that has been identified in any reallocation report under this section shall, to the maximum extent practicable through the use of the authority granted under subsection (g) and any other applicable provision of law, take action to relocate its spectrum use to other frequencies that are reserved for Federal use or to consolidate its spectrum use with other Federal Government stations in a manner that maximizes the spectrum available for non- Federal use. "(i) DEFINITION. —For purposes of this section, the term 'Federal entity means any department, agency, or other instrumentality of the Federal Government that utilizes a Government station license obtained under section 305 of the 1934 Act (47 U.S.C. 305).". (2) Section 114(a) of such Act (47 U.S.C. 924(a)) is amended— (A) in paragraph (1), by striking "(a) or (d)(1)" and inserting "(a), (d)(1), or (f)"; and (B) in paragraph (2), by striking "either" and inserting "any". (e) IDENTIFICATION AND REALLOCATION OF AUCTIONABLE FRE- QUENCIES. — (1) SECOND REPORT REQUIRED.— Section 113(a) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(a)) is amended by inserting "and within 6 months after the date of enactment of the Balanced Budget Act of 1997" after "Act of 1993". (2) IN GENERAL.— Section 113(b) of such Act (47 U.S.C. 923(b)) is amended— (A) by striking the caption of paragraph (1) and inserting "INITIAL REALLOCATION REPORT. — "; (B) by inserting "in the initial report required by subsection (a)" after "recommend for reallocation" in paragraph (1); (C) by inserting "or (3)" after "paragraph (1)" each place it appears in paragraph (2); and (D) by adding at the end thereof the following: "(3) SECOND REALLOCATION REPORT.— In accordance with the provisions of this section, the Secretary shall recommend for reallocation in the second report required by subsection (a), for use other than by Federal Government stations under section 305 of the 1934 Act (47 U.S.C. 305), a band or bands of frequencies that— "(A) in the aggregate span not less than 20 megahertz; "(B) are located below 3 gigahertz; and "(C) meet the criteria specified in paragraphs (1) through (5) of subsection (a).".

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