Source
(Pub. L. 102–538, title I, § 113, as added Pub. L. 103–66, title VI, § 6001(a)(3), Aug. 10, 1993, 107 Stat. 380; amended Pub. L. 105–33, title III, § 3002(d)(1), (e)(1)–(3), Aug. 5, 1997, 111 Stat. 262, 264, 265; Pub. L. 105–261, div. A, title X, § 1064(c), Oct. 17, 1998, 112 Stat. 2132; Pub. L. 106–65, div. A, title X, § 1062(c)(2), Oct. 5, 1999, 113 Stat. 768; Pub. L. 108–494, title II, § 202, Dec. 23, 2004, 118 Stat. 3991.)
References in Text
For definition of the 1934 Act, referred to in subsecs. (a)(3), (5), (b)(2), and (f), see section
921
(3) of this title.
Section 3002(c)(5) of the Balanced Budget Act of 1997, referred to in subsec. (f), is section 3002(c)(5) of
Pub. L. 105–33, which is set out as a note under section
925 of this title.
Amendments
2004—Subsec. (g).
Pub. L. 108–494 added pars. (1) to (6) and struck out former pars. (1) to (3) which related to relocation of Federal Government stations in general, process for relocation, and right to reclaim.
1999—Subsec. (b)(3)(A).
Pub. L. 106–65 substituted “12 megahertz” for “20 megahertz”.
1998—Subsec. (g)(1).
Pub. L. 105–261 designated existing provisions as subpar. (A), inserted subpar. heading, substituted “Any such Federal entity which proposes to so relocate shall notify the NTIA, which in turn shall notify the Commission, before the auction concerned of the marginal costs anticipated to be associated with such relocation or with modifications necessary to accommodate prospective licensees. The Commission in turn shall notify potential bidders of the estimated relocation or modification costs based on the geographic area covered by the proposed licenses before the auction.” for “Such payments may be in advance of relocation and may be in cash or in kind. Any such payment in cash shall be deposited in the account of such Federal entity in the Treasury of the United States or in a separate account authorized by law. Funds deposited according to this paragraph shall be available, without appropriation or fiscal year limitation, only for such expenses of the Federal entity for which such funds were deposited under this paragraph.”, and added subpars. (B) to (F).
1997—Subsec. (a).
Pub. L. 105–33, § 3002(e)(1), inserted “and within 6 months after August 5, 1997” after “August 10, 1993,” in introductory provisions.
Subsec. (b)(1).
Pub. L. 105–33, § 3002(e)(2)(A), (B), substituted “Initial reallocation report” for “In general” in heading and inserted “in the initial report required by subsection (a) of this section” after “recommend for reallocation” in text.
Subsec. (b)(2).
Pub. L. 105–33, § 3002(e)(2)(C), inserted “or (3)” after “paragraph (1)” in two places.
Subsec. (b)(3).
Pub. L. 105–33, § 3002(e)(2)(D), added par. (3).
Subsec. (d)(4).
Pub. L. 105–33, § 3002(e)(3), substituted “initial report” for “final report”.
Subsecs. (f) to (i).
Pub. L. 105–33, § 3002(d)(1), added subsecs. (f) to (i).
Spectrum Management Authority Retained
Pub. L. 108–494, title II, § 208(a), Dec. 23, 2004,
118 Stat. 3996, provided that: “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 [see Short Title of 2004 Amendment note set out under section
901 of 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.”
Reports on Costs of Relocations
Pub. L. 105–261, div. A, title X, § 1064(d), Oct. 17, 1998,
112 Stat. 2133, provided that: “The head of each department or agency of the Federal Government shall include in the annual budget submission of such department or agency to the Director of the Office of Management and Budget a report assessing the costs to be incurred by such department or agency as a result of any frequency relocations of such department or agency that are anticipated under section 113 of the National Telecommunications [and] Information Administration Organization Act (
47 U.S.C.
923) as of the date of such report.”