47 U.S.C. § 928
Section 928 · Spectrum Relocation Fund
Current version, with additions and removals from the November 2, 2015 version.
There is established on the books of the Treasury a separate fund to be known as the “Spectrum 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.
There is established on the books of the Treasury a separate fund to be known as the “Spectrum 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.
The Fund shall be credited with the amounts specified in section 309(j)(8)(D) of this title.
The Fund shall be credited with the amounts specified in section 309(j)(8)(D) of this title.
The amounts in the Fund from auctions of eligible 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 frequencies.
The amounts in the Fund from auctions of eligible 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 frequencies.
Notwithstanding subsections (c) through (e), after February 22, 2012, there are appropriated from the Fund and available to the Director of OMB for use in accordance with paragraph (2) not more than 10 percent of the amounts deposited in the Fund from auctions occurring after such date of licenses for the use of spectrum vacated by eligible Federal entities.
The Director of OMB, in consultation with the NTIA, may use amounts made available under paragraph (1) to make payments to eligible Federal entities that are implementing a transition plan submitted under section 923(h)(1) of this title in order to encourage such entities to complete the implementation more quickly, thereby encouraging timely access to the eligible frequencies that are being reallocated for exclusive non-Federal use or shared use.
In the case of any payment by the Director of OMB under subparagraph (A)—
such payment shall be based on the market value of the eligible frequencies, the timeliness with which the eligible Federal entity clears its use of such frequencies, and the need for such frequencies in order for the entity to conduct its essential missions;
the eligible Federal entity shall use such payment for the purposes specified in clauses (i) through (v) of section 923(g)(3)(A) of this title to achieve comparable capability of systems affected by the reallocation of eligible frequencies from Federal use to exclusive non-Federal use or to shared use;
such payment may not be made if the amount remaining in the Fund after such payment will be less than 10 percent of the winning bids in the auction of the spectrum with respect to which the Federal entity is incurring relocation or sharing costs; and
such payment may not be made until 30 days after the Director of OMB has notified the congressional committees described in subsection (d)(2)(C).
Notwithstanding subsections (c) through (e), after February 22, 2012, there are appropriated from the Fund and available to the Director of OMB for use in accordance with paragraph (2) not more than 10 percent of the amounts deposited in the Fund from auctions occurring after such date of licenses for the use of spectrum vacated by eligible Federal entities.
The Director of OMB, in consultation with the NTIA, may use amounts made available under paragraph (1) to make payments to eligible Federal entities that are implementing a transition plan submitted under section 923(h)(1) of this title in order to encourage such entities to complete the implementation more quickly, thereby encouraging timely access to the eligible frequencies that are being reallocated for exclusive non-Federal use or shared use.
In the case of any payment by the Director of OMB under subparagraph (A)—
such payment shall be based on the market value of the eligible frequencies, the timeliness with which the eligible Federal entity clears its use of such frequencies, and the need for such frequencies in order for the entity to conduct its essential missions;
the eligible Federal entity shall use such payment for the purposes specified in clauses (i) through (v) of section 923(g)(3)(A) of this title to achieve comparable capability of systems affected by the reallocation of eligible frequencies from Federal use to exclusive non-Federal use or to shared use;
such payment may not be made if the amount remaining in the Fund after such payment will be less than 10 percent of the winning bids in the auction of the spectrum with respect to which the Federal entity is incurring relocation or sharing costs; and
such payment may not be made until 30 days after the Director of OMB has notified the congressional committees described in subsection (d)(2)(C).
Notwithstanding subsections (c) through (e)—
there are appropriated from the Fund on November 2, 2015, and available to the Director of OMB for use in accordance with paragraph (2), not more than $500,000,000 from amounts in the Fund on November 2, 2015; and
there are appropriated from the Fund after November 2, 2015, and available to the Director of OMB for use in accordance with such paragraph, not more than 10 percent of the amounts deposited in the Fund after November 2, 2015.
The Director of OMB may use amounts made available under paragraph (1) to make payments requested by Federal entities for research and development, engineering studies, economic analyses, activities with respect to systems, or other planning activities intended to improve the efficiency and effectiveness of the spectrum use of Federal entities in order to make available frequencies described in subparagraph (C) for reallocation for non-Federal use or shared Federal and non-Federal use, or a combination thereof, and for auction in accordance with such reallocation.
For purposes of a payment under subparagraph (A) for activities with respect to systems that improve the efficiency and effectiveness of the spectrum use of Federal entities, such systems include the following:
Systems that have increased functionality or that increase the ability of a Federal entity to accommodate spectrum sharing with non-Federal entities.
Systems that consolidate functions or services that have been provided using separate systems.
Non-spectrum technology or systems.
The frequencies described in this subparagraph are, with respect to a payment under subparagraph (A), frequencies that—
are assigned to a Federal entity; and
at the time of the activities conducted with such payment, are not identified for auction.
The Director of OMB may not make a payment to a Federal entity under subparagraph (A)—
unless—
the Federal entity has submitted to the Technical Panel established under section 923(h)(3) of this title a plan describing the activities that the Federal entity will conduct with such payment;
the Technical Panel has approved such plan under subparagraph (E); and
the Director of OMB has submitted the plan approved under subparagraph (E) to the congressional committees described in subsection (d)(2)(C); and
until 60 days have elapsed after submission of the plan under clause (i)(III).
Not later than 120 days after a Federal entity submits a plan under subparagraph (D)(i)(I) to the Technical Panel established under section 923(h)(3) of this title, the Technical Panel shall approve or disapprove such plan.
In considering whether to approve or disapprove a plan under this subparagraph, the Technical Panel shall consider whether—
the activities that the Federal entity will conduct with the payment will—
increase the probability of relocation from or sharing of Federal spectrum;
facilitate an auction intended to occur not later than 8 years after the payment; and
increase the net expected auction proceeds in an amount not less than the time value of the amount of the payment; and
the transfer will leave sufficient amounts in the Fund for the other purposes of the Fund.
Notwithstanding subsections (c) through (e)—
there are appropriated from the Fund on November 2, 2015, and available to the Director of OMB for use in accordance with paragraph (2), not more than $500,000,000 from amounts in the Fund on November 2, 2015; and
there are appropriated from the Fund after November 2, 2015, and available to the Director of OMB for use in accordance with such paragraph, not more than 10 percent of the amounts deposited in the Fund after November 2, 2015.
The Director of OMB may use amounts made available under paragraph (1) to make payments requested by Federal entities for research and development, engineering studies, economic analyses, activities with respect to systems, or other planning activities intended to improve the efficiency and effectiveness of the spectrum use of Federal entities in order to make available frequencies described in subparagraph (C) for reallocation for non-Federal use or shared Federal and non-Federal use, or a combination thereof, and for auction in accordance with such reallocation.
For purposes of a payment under subparagraph (A) for activities with respect to systems that improve the efficiency and effectiveness of the spectrum use of Federal entities, such systems include the following:
Systems that have increased functionality or that increase the ability of a Federal entity to accommodate spectrum sharing with non-Federal entities.
Systems that consolidate functions or services that have been provided using separate systems.
Non-spectrum technology or systems.
The frequencies described in this subparagraph are, with respect to a payment under subparagraph (A), frequencies that—
are assigned to a Federal entity; and
at the time of the activities conducted with such payment, are not identified for auction.
The Director of OMB may not make a payment to a Federal entity under subparagraph (A)—
unless—
the Federal entity has submitted to the Technical Panel established under section 923(h)(3) of this title a plan describing the activities that the Federal entity will conduct with such payment;
the Technical Panel has approved such plan under subparagraph (E); and
the Director of OMB has submitted the plan approved under subparagraph (E) to the congressional committees described in subsection (d)(2)(C); and
until 60 days have elapsed after submission of the plan under clause (i)(III).
Not later than 120 days after a Federal entity submits a plan under subparagraph (D)(i)(I) to the Technical Panel established under section 923(h)(3) of this title, the Technical Panel shall approve or disapprove such plan.
In considering whether to approve or disapprove a plan under this subparagraph, the Technical Panel shall consider whether—
the activities that the Federal entity will conduct with the payment will—
increase the probability of relocation from or sharing of Federal spectrum;
facilitate an auction intended to occur not later than 8 years after the payment; and
increase the net expected auction proceeds in an amount not less than the time value of the amount of the payment; and
the transfer will leave sufficient amounts in the Fund for the other purposes of the Fund.
In determining whether to make payments under subsections (f) and (g), the Director of OMB shall, to the extent practicable, prioritize payments under subsection (g).
In determining whether to make payments under subsections (f) and (g), the Director of OMB shall, to the extent practicable, prioritize payments under subsection (g).
No amounts in the Fund on the day before February 22, 2012, may be used for any purpose except—
to pay the relocation or sharing costs incurred by eligible Federal entities in order to relocate from the frequencies the auction of which generated such amounts; or
to pay relocation or sharing costs related to pre-auction estimates or research, in accordance with subsection (d)(3).
No amounts in the Fund on the day before February 22, 2012, may be used for any purpose except—
to pay the relocation or sharing costs incurred by eligible Federal entities in order to relocate from the frequencies the auction of which generated such amounts; or
to pay relocation or sharing costs related to pre-auction estimates or research, in accordance with subsection (d)(3).