Commercial Spectrum Enhancement Act
Latest action · Oct 17, 2003 Placed on Senate Legislative Calendar under General Orders. Calendar No. 314.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedMar 18, 2003
- Passed HouseJun 11, 2003
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Commercial Spectrum Enhancement Act - (Sec. 2) Amends the National Telecommunications and Information Administration (NTIA) Organization Act to rewrite provisions concerning the reallocation of spectrum from governmental to commercial users.
Mandates that any Federal entity that operates a Government station assigned within eligible frequencies and that incurs relocation costs due to reallocation to non-Federal use receive reimbursement from the Spectrum Relocation Fund established in this Act. Includes within eligible frequencies: (1) the 216-220, 1432-1435, 1710-1755, and 2385-2390 megahertz bands; and (2) any other band reallocated from Federal to non-Federal use after January 1, 2003, by competitive bidding, except for bands previously identified by NTIA in the Spectrum Reallocation Final Report. Requires NTIA to notify the Federal Communications Commission (FCC): (1) at least 18 months prior to the commencement of any auction of eligible frequencies; and (2) at least six months prior to any auction of estimated relocation costs and timelines. Requires NTIA to submit a copy of the estimated relocation costs and timelines to specified congressional committees and the Comptroller General (CG).
Directs NTIA to: (1) ensure the timely relocation of Federal entities' spectrum-related operations from the eligible frequencies to frequencies or facilities of comparable quality; (2) terminate the entity's authority to operate on the former frequency; and (3) notify the FCC that the entity's relocation has been completed.
(Sec. 3) Amends the Communications Act of 1934 to require the FCC: (1) in designing competitive bidding under such auctions, to have as an objective the recovery of 110 percent of the estimated relocation costs; (2) to prescribe methods to ensure that the total cash proceeds from any auction equals at least 110 percent of such costs; and (3) to prohibit the FCC from concluding any auction under which such goal is not reached. Authorizes the FCC to grant a license for the advance use of eligible frequencies pending an auction, on the condition that the licensee cannot cause harmful interference to the Federal entity until the entity's authorization has been terminated.
(Sec. 4) Establishes the Spectrum Relocation Fund. Provides for: (1) the crediting of receipts from the spectrum auction to the Fund; and (2) the use of auction amounts to pay Federal entity costs of relocating from reallocated frequencies, under specified conditions, including submission of a plan from the Director of the Office of Management and Budget (OMB) to specified congressional committees and the CG detailing how such sums will be used to pay relocation costs and the timelines for such relocation. Allows a Federal entity to receive more than one transfer, but requires an explanation and CG review when the sum of a subsequent transfer exceeds ten percent of the original transfer.
(Sec. 5) Revises the basis for loans or other extensions of credit made to small businesses from the Telecommunications Development Fund.
(Sec. 7) Requires an annual report from NTIA to specified congressional committees and the CG on: (1) progress made in adhering to relocation timelines; and (2) estimated and actual relocation costs and amounts paid from the Fund.
(Sec. 8) Requires a report from the NTIA Administrator to specified congressional committees on various policy options to compensate Federal entities for relocation costs when their frequencies are allocated by the FCC for unlicensed, public safety, shared, or non-commercial use.
(Sec. 9) Amends the ORBIT Act to prohibit any license for fixed terrestrial services in the 12.2-12.7 gigahertz band from being used for the provision of mobile terrestrial telephony services.
Recorded votes 1
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 260 | On Motion to Suspend the Rules and Pass, as Amended | Passed408–10 | Jun 11, 2003 |
Cosponsors 16
Members who signed on, in the order they did. Signatures ran from Mar 18, 2003 to Apr 29, 2003; 6 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-FL | Cliff Stearns | Original | Mar 18, 2003 |
| D-NY | Edolphus Towns | Original | Mar 18, 2003 |
| D-TX | Gene Green | Original | Mar 18, 2003 |
| R-NE | Lee Terry | Original | Mar 18, 2003 |
| D-VA | Rick Boucher | Original | Mar 18, 2003 |
| D-LA | W. J. (Billy) Tauzin | Original | Mar 18, 2003 |
| R-NH | Charles F. Bass | Mar 19, 2003 | |
| R-MS | Charles W. "Chip" Pickering | Mar 19, 2003 | |
| R-KY | Ed Whitfield | Mar 19, 2003 | |
| R-IL | Mark Kirk | Mar 19, 2003 | |
| D-MD | Albert Russell Wynn | Apr 3, 2003 | |
| R-CA | John T. Doolittle | Apr 3, 2003 | |
| D-TN | Bart Gordon | Apr 9, 2003 | |
| D-IL | Bobby L. Rush | Apr 9, 2003 | |
| R-CA | Darrell Issa | Apr 29, 2003 | |
| R-NM | Heather Wilson | Apr 29, 2003 |
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Energy and Commerce Committee | Referred Mar 18, 2003Markup Apr 30, 2003Reported Jun 3, 2003 |
| Communications and Technology Subcommittee | Referred Mar 24, 2003Hearings Mar 25, 2003Markup Apr 9, 2003Reported Apr 9, 2003 | |
| Senate | Commerce, Science, and Transportation Committee | Referred Jun 12, 2003Markup Jun 26, 2003Reported Oct 17, 2003 |
Actions 21
Everything that happened, newest first.
- Oct 17, 2003Committee on Commerce, Science, and Transportation. Reported by Senator McCain with an amendment. With written report No. 108-168. Additional views filed.
- Oct 17, 2003Placed on Senate Legislative Calendar under General Orders. Calendar No. 314.
- Jun 26, 2003Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment favorably.
- Jun 12, 2003Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
- Jun 11, 2003Mr. Upton moved to suspend the rules and pass the bill, as amended.
In the Congressional Record 1
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| House | Debate and remarks H5179–H5185Text printed H5180Recorded votes H5198enact | Edolphus Towns D-NY, Edward J. Markey D-MA, Fred Upton R-MI, Gene Green D-TX, John D. Dingell D-MI, W. J. (Billy) Tauzin D-LA | Jun 11, 2003 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee reports
Congressional Budget Office cost estimates 4
- Jul 11, 2003H.R. 1320, Commercial Spectrum Enhancement Act<p>Cost estimate for the bill as ordered reported by the Senate Committee on Commerce, Science, and Transportation on June 26, 2003</p>
- Jul 11, 2003H.R. 1320, Commercial Spectrum Enhancement ActCost estimate for the bill as ordered reported by the Senate Committee on Commerce, Science, and Transportation on June 26, 2003
- May 13, 2003H.R. 1320, Commercial Spectrum Enhancement Act<p>Cost estimate for the bill as ordered reported by the House Committee on Energy and Commerce on April 30, 2003</p>
- May 13, 2003H.R. 1320, Commercial Spectrum Enhancement ActCost estimate for the bill as ordered reported by the House Committee on Energy and Commerce on April 30, 2003
Printed hearings 4
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| S. Hrg. 108-772 | DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 2005229 pages | Appropriations Committee | Mar 2, 2004–Mar 25, 2004 |
| S. Hrg. 108-772 | DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 200552 pages | Appropriations Committee | Mar 2, 2004 |
| Serial No. 108-50 | DIGITAL DIVIDENDS AND OTHER PROPOSALS TO LEVERAGE INVESTMENT IN TECHNOLOGY42 pages | Energy and Commerce Committee | Nov 19, 2003 |
| Serial No. 108-12 | THE COMMERCIAL SPECTRUM ENHANCEMENT ACT47 pages | Energy and Commerce Committee | Mar 25, 2003 |
Titles 5
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To amend the National Telecommunications and Information Administration Organization Act to facilitate the reallocation of spectrum from governmental to commercial users.
- Short Titles as Introduced
- Commercial Spectrum Enhancement Act
- Short Titles as Reported to House
- Commercial Spectrum Enhancement Act
- Short Titles as Reported to Senate
- Commercial Spectrum Enhancement Act
- Short Titles as Passed House
- Commercial Spectrum Enhancement Act
Subjects
Assigned by the Library of Congress. Policy area: Science, Technology, Communications.
- Administrative procedure
- Auctions
- Commerce
- Competitive bidding
- Congress
- Congressional reporting requirements
- Costs
- Economics and Public Finance
- Federal budgets
- Federal Communications Commission
- Government and business
- Government lending
- Government Operations and Politics
- Government paperwork
- Government property
- Government spending reductions
- Government trust funds
- Independent regulatory commissions
- Law
- Licenses
- Radio spectrum allocation
- Radio stations
- Relocation
- Science, Technology, Communications
- Small business
- Wireless communication
Text 5
Each version as it was printed, newest first.
- Oct 17, 2003Reported to Senate
- Jun 12, 2003Referred in Senate
- Jun 11, 2003Engrossed in House
- Jun 3, 2003Reported in House
- Mar 18, 2003Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.