Page:United States Statutes at Large Volume 118.djvu/4023

 118 STAT. 3993 PUBLIC LAW 108–494—DEC. 23, 2004 by the geographic location of the Federal entities’ facilities or systems and the frequency bands used by such facilities or systems. ‘‘(5) NOTICE TO CONGRESSIONAL COMMITTEES AND GAO.— The NTIA shall, at the time of providing an initial estimate of relocation costs to the Commission under paragraph (4)(A), submit to Committees on Appropriations and Energy and Com- merce of the House of Representatives for approval, to the Committees on Appropriations and Commerce, Science, and Transportation of the Senate for approval, and to the Comp- troller General a copy of such estimate and the timelines for relocation. Unless disapproved within 30 days, the estimate shall be approved. If disapproved, the NTIA may resubmit a revised initial estimate. ‘‘(6) IMPLEMENTATION OF PROCEDURES.—The NTIA shall take such actions as necessary to ensure the timely relocation of Federal entities’ spectrum-related operations from fre- quencies defined in paragraph (2) to frequencies or facilities of comparable capability. Upon a finding by the NTIA that a Federal entity has achieved comparable capability of systems by relocating to a new frequency assignment or by utilizing an alternative technology, the NTIA shall terminate the entity’s authorization and notify the Commission that the entity’s relocation has been completed. The NTIA shall also terminate such entity’s authorization if the NTIA determines that the entity has unreasonably failed to comply with the timeline for relocation submitted by the Director of the Office of Manage- ment and Budget under section 118(d)(2)(B).’’. SEC. 203. MINIMUM AUCTION RECEIPTS AND DISPOSITION OF PRO- CEEDS. (a) AUCTION DESIGN.—Section 309(j)(3) of the Communications Act of 1934 (47 U.S.C. 309(j)(3)) is amended— (1) by striking ‘‘and’’ at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting ‘‘; and’’; and (3) by adding at the end the following new subparagraph: ‘‘(F) for any auction of eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(2)), the recovery of 110 percent of estimated relocation costs as provided to the Commission pursuant to section 113(g)(4) of such Act.’’. (b) SPECIAL AUCTION PROVISIONS FOR ELIGIBLE FREQUENCIES.— Section 309(j) of such Act is further amended by adding at the end the following new paragraph: ‘‘(15) SPECIAL AUCTION PROVISIONS FOR ELIGIBLE FRE- QUENCIES.— ‘‘(A) SPECIAL REGULATIONS.—The Commission shall revise the regulations prescribed under paragraph (4)(F) of this subsection to prescribe methods by which the total cash proceeds from any auction of eligible frequencies described in section 113(g)(2) of the National Telecommuni- cations and Information Administration Organization Act (47 U.S.C. 923(g)(2)) shall at least equal 110 percent of the total estimated relocation costs provided to the Commis- sion pursuant to section 113(g)(4) of such Act. Notification. Deadline. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00527 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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