47 U.S.C. § 927 — Existing allocation and transfer authority

Page 394 TITLE 47—TELECOMMUNICATIONS § 927 frequencies and equipment necessary for its utilization; and (B) an estimate of the cost of displacing spectrum users licensed by the Commission. (c) Costs of reclaiming frequencies The Federal Government shall bear all costs of reclaiming frequencies pursuant to this section, including the cost of equipment which is ren- dered unusable, the cost of relocating operations to a different frequency, and any other costs that are directly attributable to the reclaiming of the frequency pursuant to this section, and there are authorized to be appropriated such sums as may be necessary to carry out the pur- poses of this section. (d) Effective date of reclaimed frequencies The Commission shall not withdraw licenses for any reclaimed frequencies until the end of the fiscal year following the fiscal year in which a statement under section 924(b)(1)(B) of this title pertaining to such frequencies is received by the Commission. (e) Effect on other law Nothing in this section shall be construed to limit or otherwise affect the authority of the President under section 706 of the 1934 Act (47 U.S.C. 606). (Pub. L. 102–538, title I, § 116, as added Pub. L. 103–66, title VI, § 6001(a)(3), Aug. 10, 1993, 107 Stat. 386.) Editorial Notes REFERENCES IN TEXT For definition of the 1934 Act, referred to in subsec. (b)(1), see section 921(3) of this title. § 927. Existing allocation and transfer authority retained (a) Additional reallocation Nothing in this subchapter prevents or limits additional reallocation of spectrum from the Federal Government to other users. (b) Implementation of new technologies and services Notwithstanding any other provision of this subchapter— (1) the Secretary may, consistent with sec- tion 903(e) of this title, at any time allow fre- quencies allocated on a primary basis for Fed- eral Government use to be used by non-Fed- eral licensees on a mixed-use basis for the pur- pose of facilitating the prompt implementa- tion of new technologies or services and for other purposes; and (2) the Commission shall make any alloca- tion and licensing decisions with respect to such frequencies in a timely manner and in no event later than the date required by section 157 of this title. (Pub. L. 102–538, title I, § 117, as added Pub. L. 103–66, title VI, § 6001(a)(3), Aug. 10, 1993, 107 Stat. 386.) § 928. Spectrum Relocation Fund (a) Establishment of Spectrum Relocation Fund There is established on the books of the Treas- ury a separate fund to be known as the ‘‘Spec- trum Relocation Fund’’ (in this section referred to as the ‘‘Fund’’), which shall be administered by the Office of Management and Budget (in this section referred to as ‘‘OMB’’), in consultation with the NTIA. (b) Crediting of receipts The Fund shall be credited with the amounts specified in section 309(j)(8)(D) of this title. (c) Use of funds The amounts in the Fund from auctions of eli- gible frequencies are authorized to be used to pay relocation or sharing costs of an eligible Federal entity incurring such costs with respect to relocation from or sharing of those fre- quencies. (d) Fund availability (1) Appropriation There are hereby appropriated from the Fund such sums as are required to pay the re- location or sharing costs specified in sub- section (c). (2) Transfer conditions None of the funds provided under this sub- section may be transferred to any eligible Fed- eral entity— (A) unless the eligible Federal entity has submitted a transition plan to the NTIA as required by paragraph (1) of section 923(h) of this title, the Technical Panel has found such plan sufficient under paragraph (4) of such section, and the NTIA has made avail- able such plan on its website as required by paragraph (5) of such section; (B) unless the Director of OMB has deter- mined, in consultation with the NTIA, the appropriateness of such costs and the timeline for relocation or sharing; and (C) until 30 days after the Director of OMB has submitted to the Committees on Appro- priations and Energy and Commerce of the House of Representatives for approval, to the Committees on Appropriations and Com- merce, Science, and Transportation of the Senate for approval, and to the Comptroller General a detailed plan describing specifi- cally how the sums transferred from the Fund will be used to pay relocation or shar- ing costs in accordance with such subsection and the timeline for such relocation or shar- ing. Unless disapproved within 30 days, the amounts in the Fund shall be available imme- diately. If the plan is disapproved, the Direc- tor may resubmit a revised plan. (3) Transfers for pre-auction costs (A) In general Subject to subparagraph (B), the Director of OMB may transfer to an eligible Federal entity, at any time (including prior to a scheduled auction), such sums as may be available in the Fund to pay relocation or sharing costs related to pre-auction esti- mates or research, as such costs are de- scribed in section 923(g)(3)(A)(iii) of this title. (B) Notification No funds may be transferred pursuant to subparagraph (A) unless—