Page:United States Statutes at Large Volume 118.djvu/4026

 118 STAT. 3996 PUBLIC LAW 108–494—DEC. 23, 2004 notified the Commission that the entity’s relocation is complete, or has determined that such entity has unreasonably failed to complete such relocation in accordance with the timeline required by subsection (d)(2)(A).’’. SEC. 205. TELECOMMUNICATIONS DEVELOPMENT FUND. Section 714(f) of the Communications Act of 1934 (47 U.S.C. 614(f)) is amended to read as follows: ‘‘(f) LENDING AND CREDIT OPERATIONS.—Loans or other exten- sions of credit from the Fund shall be made available to an eligible small business on the basis of— ‘‘(1) the analysis of the business plan of the eligible small business; ‘‘(2) the reasonable availability of collateral to secure the loan or credit extension; ‘‘(3) the extent to which the loan or credit extension pro- motes the purposes of this section; and ‘‘(4) other lending policies as defined by the Board.’’. SEC. 206. CONSTRUCTION. Nothing in this title is intended to modify section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65). SEC. 207. ANNUAL REPORT. The National Telecommunications and Information Administra- tion shall submit an annual report to the Committees on Appropria- tions and Energy and Commerce of the House of Representatives, the Committees on Appropriations and Commerce, Science, and Transportation of the Senate, and the Comptroller General on— (1) the progress made in adhering to the timelines applicable to relocation from eligible frequencies required under section 118(d)(2)(A) of the National Telecommunications and Information Administration Organization Act, separately stated on a communication system-by-system basis and on an auction- by-auction basis; and (2) with respect to each relocated communication system and auction, a statement of the estimate of relocation costs required under section 113(g)(4) of such Act, the actual reloca- tions costs incurred, and the amount of such costs paid from the Spectrum Relocation Fund. SEC. 208. PRESERVATION OF AUTHORITY; NTIA REPORT REQUIRED. (a) SPECTRUM MANAGEMENT AUTHORITY RETAINED.—Except as provided with respect to the bands of frequencies identified in section 113(g)(2)(A) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(2)(A)) as amended by this title, nothing in this title or the amendments made by this title shall be construed as limiting the Federal Communications Commission’s authority to allocate bands of frequencies that are reallocated from Federal use to non- Federal use for unlicensed, public safety, shared, or non-commercial use. (b) NTIA REPORT REQUIRED.—Within 1 year after the date of enactment of this Act, the Administrator of the National Tele- communications and Information Administration shall submit to the Energy and Commerce Committee of the House of Representa- tives and the Commerce, Science, and Transportation Committee 47 USC 923 note. 47 USC 928 note. 47 USC 921 note. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00530 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

�