§309 Application for license

2025—Subsec. (j)(11). Pub. L. 119–21 substituted “complete a system of competitive bidding under this subsection shall expire

September 30, 2034, except that, with respect to the electromagnetic spectrum—” and subpars. (A) and (B) for “grant a license or permit under this subsection shall expire

March 9, 2023, except that, with respect to the electromagnetic spectrum identified under section 1004(a) of the Spectrum Pipeline Act of 2015, such authority shall expire on

September 30, 2025, and with respect to the electromagnetic spectrum identified under section 90008(b)(2)(A)(ii) of the Infrastructure Investment and Jobs Act, such authority shall expire on the date that is 7 years after

November 15, 2021.” 2022—Subsec. (j)(11). Pub. L. 117–328 substituted “

March 9, 2023” for “

December 23, 2022”. Pub. L. 117–229 substituted “

December 23, 2022” for “

December 16, 2022”. Pub. L. 117–180 substituted “

December 16, 2022” for “

September 30, 2022”. 2021—Subsec. (j)(11). Pub. L. 117–58 inserted before period at end “, and with respect to the electromagnetic spectrum identified under section 90008(b)(2)(A)(ii) of the Infrastructure Investment and Jobs Act, such authority shall expire on the date that is 7 years after

November 15, 2021”. 2018—Subsec. (j)(8)(B). Pub. L. 115–141, § 402(h)(2), struck out at end: “No sums may be retained under this subparagraph during any fiscal year beginning after

September 30, 1998, if the annual report of the Commission under section 154(k) of this title for the second preceding fiscal year fails to include in the itemized statement required by paragraph (3) of such section a statement of each expenditure made for purposes of conducting competitive bidding under this subsection during such second preceding fiscal year.” Subsec. (j)(8)(C). Pub. L. 115–141, § 101(b)(1), substituted “the Treasury.” for “an interest bearing account at a financial institution designated for purposes of this subsection by the Commission (after consultation with the Secretary of the Treasury).” in introductory provisions. Subsec. (j)(8)(C)(i). Pub. L. 115–141, § 101(b)(2)(A), substituted “deposited in the general fund of the Treasury (where such deposits shall be used for the sole purpose of deficit reduction)” for “paid to the Treasury”. Subsec. (j)(8)(C)(ii). Pub. L. 115–141, § 101(b)(3), substituted “, and payments representing the return of such deposits shall not be subject to administrative offset under section 3716(c) of title 31.” for “; and” Subsec. (j)(8)(C)(iii). Pub. L. 115–141, § 101(b)(2)(B), (4), struck out cl. (iii) which read as follows: “the interest accrued to the account shall be deposited in the general fund of the Treasury, where such amount shall be dedicated for the sole purpose of deficit reduction.” Subsec. (j)(12). Pub. L. 115–141, § 402(i)(4)(A), struck out par. (12) which required the Commission to submit to Congress a report evaluating the use of competitive bidding systems. Subsec. (j)(15)(C)(iv). Pub. L. 115–141, § 402(i)(4)(B), struck out cl. (iv) which required the Commission to submit to Congress a report related to the rescheduling of auctions 31 and 44 and progress made by the Commission in the digital television transition. Subsec. (j)(18). Pub. L. 115–141, § 512(a), added par. (18). 2015—Subsec. (j)(11). Pub. L. 114–74 inserted before period at end “, except that, with respect to the electromagnetic spectrum identified under section 1004(a) of the Spectrum Pipeline Act of 2015, such authority shall expire on

September 30, 2025”. 2012—Subsec. (j)(3)(F). Pub. L. 112–96, § 6701(b), substituted “relocation or sharing costs” for “relocation costs”. Subsec. (j)(8)(A). Pub. L. 112–96, § 6401(c)(1), substituted “(D), (E), (F), and (G),” for “(D), and (E),”. Subsec. (j)(8)(C)(i). Pub. L. 112–96, § 6401(c)(2), substituted “subparagraphs (D)(ii), (E)(ii), (F), and (G)” for “subparagraph (E)(ii)”. Subsec. (j)(8)(C)(iii). Pub. L. 112–96, § 6601, amended cl. (iii) generally. Prior to amendment, subcl. (iii) read as follows: “the interest accrued to the account shall be transferred to the Telecommunications Development Fund established pursuant to section 614 of this title.” Subsec. (j)(8)(D). Pub. L. 112–96, § 6401(c)(3), substituted “Proceeds from reallocated Federal spectrum” for “Disposition of cash proceeds” in subpar. heading, designated existing provisions as cl. (i), inserted cl. heading, substituted “Except as provided in clause (ii), cash” for “Cash”, and added cl. (ii). Subsec. (j)(8)(F). Pub. L. 112–96, § 6401(c)(4), added subpar. (F). Subsec. (j)(8)(G). Pub. L. 112–96, § 6402, added subpar. (G). Subsec. (j)(11). Pub. L. 112–96, § 6405, substituted “2022” for “2012”. Subsec. (j)(16)(A), (B). Pub. L. 112–96, § 6701(b), substituted “relocation or sharing costs” for “relocation costs”. Subsec. (j)(17). Pub. L. 112–96, § 6404, added par. (17). 2009—Subsec. (j)(11). Pub. L. 111–4, § 5, substituted “2012” for “2011”. Subsec. (j)(14)(A). Pub. L. 111–4, § 2(b)(2), substituted “

June 12, 2009” for “

February 17, 2009”. 2006—Subsec. (j)(8)(A). Pub. L. 109–171, § 3004(1), substituted “subparagraphs (B), (D), and (E)” for “subparagraph (B) or subparagraph (D)”. Subsec. (j)(8)(C)(i). Pub. L. 109–171, § 3004(2), inserted “, except as otherwise provided in subparagraph (E)(ii)” before semicolon at end. Subsec. (j)(8)(E). Pub. L. 109–171, § 3004(3), added subpar. (E). Subsec. (j)(11). Pub. L. 109–171, § 3003(b), substituted “2011” for “2007”. Subsec. (j)(14)(A). Pub. L. 109–171, § 3002(a)(1), inserted “full-power” before “television broadcast license” and substituted “

February 17, 2009” for “

December 31, 2006”. Subsec. (j)(14)(B). Pub. L. 109–171, § 3002(a)(2), (5), redesignated subpar. (C) as (B) and struck out former subpar. (B) which related to requirement of Commission to extend renewal period upon certain findings. Subsec. (j)(14)(C). Pub. L. 109–171, § 3002(a)(5), redesignated subpar. (D) as (C). Former subpar. (C) redesignated (B). Subsec. (j)(14)(C)(i)(I). Pub. L. 109–171, § 3002(a)(3), struck out “or (B)” after “pursuant to subparagraph (A)”. Subsec. (j)(14)(D). Pub. L. 109–171, § 3002(a)(5), redesignated subpar. (D) as (C). Pub. L. 109–171, § 3002(a)(4), substituted “subparagraph (B)(i)” for “subparagraph (C)(i)” in introductory provisions. Subsec. (j)(15). Pub. L. 109–171, § 3003(a)(2), added cls. (v) and (vi) to subpar. (C). Pub. L. 109–171, § 3003(a)(1), redesignated par. (15) relating to special auction provisions for eligible frequencies as (16). Subsec. (j)(16). Pub. L. 109–171, § 3003(a)(1), redesignated par. (15) relating to special auction provisions for eligible frequencies as (16). 2004—Subsec. (j)(3)(F). Pub. L. 108–494, § 203(a), added subpar. (F). Subsec. (j)(8)(A). Pub. L. 108–494, § 203(c)(1), inserted “or subparagraph (D)” after “subparagraph (B)”. Subsec. (j)(8)(D). Pub. L. 108–494, § 203(c)(2), added subpar. (D). Subsec. (j)(15). Pub. L. 108–494, § 203(b), added par. (15) relating to special auction provisions for eligible frequencies. 2002—Subsec. (j)(14)(C)(ii). Pub. L. 107–195, § 3(b)(1), struck out at end “The Commission shall complete the assignment of such licenses, and report to the Congress the total revenues from such competitive bidding, by

September 30, 2002.” Subsec. (j)(15). Pub. L. 107–195, § 3(a), added par. (15). 1997—Subsec. (i)(1). Pub. L. 105–33, § 3002(a)(2)(A), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “If— “(A) there is more than one application for any initial license or

permit which will involve a use of the electromagnetic spectrum described in paragraph (2), then the Commission shall have the authority, subject to paragraph (10), to grant such license or permit to a qualified applicant through the use of a system of competitive bidding that meets the requirements of this subsection. “(2) Uses to which bidding may apply.—A use of the electromagnetic spectrum is described in this paragraph if the Commission determines that— “(A) the principal use of such spectrum will involve, or is reasonably likely to involve, the licensee receiving compensation from subscribers in return for which the licensee— “(i) enables those subscribers to receive communications signals that are transmitted utilizing frequencies on which the licensee is licensed to operate; or “(ii) enables those subscribers to transmit directly communications signals utilizing frequencies on which the licensee is licensed to operate; and “(B) a system of competitive bidding will promote the objectives described in paragraph (3).” Subsec. (j)(3). Pub. L. 105–33, § 3002(a)(1)(B)(i), inserted after second sentence of introductory provisions “The Commission shall, directly or by contract, provide for the design and conduct (for purposes of testing) of competitive bidding using a contingent combinatorial bidding system that permits prospective bidders to bid on combinations or groups of licenses in a single bid and to enter multiple alternative bids within a single bidding round.” Subsec. (j)(3)(E). Pub. L. 105–33, § 3002(a)(1)(B)(ii)–(iv), added subpar. (E). Subsec. (j)(4)(F). Pub. L. 105–33, § 3002(a)(1)(C), added subpar. (F). Subsec. (j)(8)(B). Pub. L. 105–33, § 3002(a)(1)(D), struck out “Any funds appropriated to the Commission for fiscal years 1994 through 1998 for the purpose of assigning licenses using random selection under subsection (i) of this section shall be used by the Commission to implement this subsection.” after “quarterly basis.” and inserted at end “No sums may be retained under this subparagraph during any fiscal year beginning after

September 30, 1998, if the annual report of the Commission under section 154(k) of this title for the second preceding fiscal year fails to include in the itemized statement required by paragraph (3) of such section a statement of each expenditure made for purposes of conducting competitive bidding under this subsection during such second preceding fiscal year.” Subsec. (j)(11). Pub. L. 105–33, § 3002(a)(1)(E), substituted “2007” for “1998”. Subsec. (j)(13)(F). Pub. L. 105–33, § 3002(a)(1)(F), substituted “

August 5, 1997” for “

September 30, 1998”. Subsec. (j)(14). Pub. L. 105–33, § 3003, added par. (14). Subsec. (l). Pub. L. 105–33, § 3002(a)(3), added subsec. (l). 1996—Subsec. (b)(2)(A) to (G). Pub. L. 104–104, § 403(j), redesignated subpars. (B) to (G) as (A) to (F), respectively, and struck out former subpar. (A) which read as follows: “fixed point-to-point microwave stations (exclusive of control and relay stations used as integral parts of mobile radio systems),”. Subsec. (d). Pub. L. 104–104, § 204(a)(2), inserted “(or subsection (k) in the case of renewal of any broadcast station license)” after “with subsection (a)” wherever appearing. Subsec. (j)(8)(B). Pub. L. 104–104, § 710(c), inserted at end “Such offsetting collections are authorized to remain available until expended.” Subsec. (j)(8)(C). Pub. L. 104–104, § 707(a), added subpar. (C). Subsec. (k). Pub. L. 104–104, § 204(a)(1), added subsec. (k). 1994—Subsec. (c)(2)(F). Pub. L. 103–414, § 303(a)(16), substituted “section 325(c)” for “section 325(b)”. Subsec. (i)(4)(A). Pub. L. 103–414, § 304(a)(9), which directed substitution of “The Commission shall” for “The commission, not later than 180 days after the date of the enactment of the Communications Technical

permits for any media of mass communications, significant preferences will be granted to applicants or groups of applicants, the grant to which of the license or permit would increase the diversification of ownership of the media of mass communications. To further diversify the ownership of the media of mass communications, an additional significant preference shall be granted to any applicant controlled by a member or members of a minority group” for “, groups or organizations, or members of groups or organizations, which are underrepresented in the ownership of telecommunications facilities or properties will be granted significant preferences”. Subsec. (i)(3)(C). Pub. L. 97–259, § 115(c)(2), added subpar. (C). Subsec. (i)(4)(A). Pub. L. 97–259, § 115(d), substituted “

September 13, 1982,” for “

August 13, 1981,”. 1981—Subsec. (i). Pub. L. 97–35 added subsec. (i). 1964—Subsec. (c)(2)(G). Pub. L. 88–307 inserted “not to exceed sixty days”. Subsec. (e). Pub. L. 88–306 substituted “not more than thirty days after publication of the hearing issues or any substantial amendment thereto in the Federal Register” for “at any time not less than ten days prior to the date of hearing”. 1960—Pub. L. 86–752 amended section generally to revise pre-grant procedure, and, among other changes, a public notice was substituted for a mandatory notice to applicants and interested parties before hearings upon applications; the Commission was required to hold applications for 30 days before acting upon them without hearings; interested parties were permitted to file petitions to deny applications before the Commission acted upon them without hearings, in lieu of 30 days after applications were granted; interested parties were required to support their petitions with “specific” allegations of fact; the Commission was permitted to dispense with formal hearings when there are “no substantial or material questions of fact,” subject to a requirement that it issue a “concise statement of the reasons” for its action. 1956—Subsec. (c). Act Jan. 20, 1956, struck out hearings with respect to facts which, even if true, would not be grounds for setting aside the Commission’s grant; gave the Commission discretion to keep in effect the protested authorization but required the Commission to affirmatively find and set forth that the public interest requires grant to remain in effect; and authorized Commission to redraft issues urged by protestant in accordance with the facts alleged in the protest. 1954—Subsec. (c). Act Mar. 26, 1954, substituted “thirty days” for “fifteen days” in fourth sentence. 1952—Act

July 16, 1952, amended section generally to set forth procedure to be followed in cases of denial of applications.

, for wireless broadband deployments throughout the covered band. “(b) General Auction Authority.—“(1) Amendment.— [Amended this section.] “(2) Spectrum auctions.—The Commission shall grant licenses through systems of competitive bidding, before the expiration of the general auction authority of the Commission under section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)), as amended by paragraph (1) of this subsection, for not less than 300 megahertz, including by completing a system of competitive bidding not later than 2 years after the date of enactment of this Act [

July 4, 2025] for not less than 100 megahertz in the band between 3.98 gigahertz and 4.2 gigahertz. “(c) Identification for Reallocation.—“(1) In general.—The Assistant Secretary, in consultation with the Commission, shall identify 500 megahertz of frequencies in the covered band for reallocation to non-Federal use, shared Federal and non-Federal use, or a combination thereof, for full-power commercial licensed use cases, that—“(A) as of the date of enactment of this Act, are allocated for Federal use; and “(B) shall be in addition to the 300 megahertz of frequencies for which the Commission grants licenses under subsection (b)(2). “(2) Schedule.—The Assistant Secretary shall identify the frequencies under paragraph (1) according to the following schedule:“(A) Not later than 2 years after the date of enactment of this Act, the Assistant Secretary shall identify not less than 200 megahertz of frequencies within the covered band. “(B) Not later than 4 years after the date of enactment of this Act, the Assistant Secretary shall identify any remaining bandwidth required to be identified under paragraph (1). “(3) Required analysis.—“(A) In general.—In determining under paragraph (1) which specific frequencies within the covered band to reallocate, the Assistant Secretary shall determine the feasibility of the reallocation of frequencies. “(B) Requirements.—In conducting the analysis under subparagraph (A), the Assistant Secretary shall assess net revenue potential, relocation or sharing costs, as applicable, and the feasibility of reallocating specific frequencies, with the goal of identifying the best approach to maximize net proceeds of systems of competitive bidding for the Treasury, consistent with section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)). “(d) Auctions.—The Commission shall grant licenses for the frequencies identified for reallocation under subsection (c) through systems of competitive bidding in accordance with the following schedule:“(1) Not later than 4 years after the date of enactment of this Act [

July 4, 2025], the Commission shall, after notifying the Assistant Secretary, complete 1 or more systems of competitive bidding for not less than 200 megahertz of the frequencies. “(2) Not later than 8 years after the date of enactment of this Act, the Commission shall, after notifying the Assistant Secretary, complete 1 or more systems of competitive bidding for any frequencies identified under subsection (c) that remain to be auctioned after compliance with paragraph (1) of this subsection. “(e) Limitation.—The President shall modify or withdraw any frequency proposed for reallocation under this section not later than 60 days before the commencement of a system of competitive bidding scheduled by the Commission with respect to that frequency, if the President determines that such modification or withdrawal is necessary to protect the national security of the United States. “(f) Appropriation.—In addition to amounts otherwise available, there is appropriated to the Department of Commerce for fiscal year 2025, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available through

September 30, 2034, to provide additional support to the Assistant Secretary to—“(1) conduct a timely spectrum analysis of the bands of frequencies—“(A) between 2.7 gigahertz and 2.9 gigahertz; “(B) between 4.4 gigahertz and 4.9 gigahertz; and “(C) between 7.25 gigahertz and 7.4 gigahertz; and “(2) publish a biennial report, with the last report to be published not later than

June 30, 2034, on the value of all spectrum used by Federal entities (as defined in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l))), that assesses the value of bands of frequencies in increments of not more than 100 megahertz.” Auction of AWS–3 Bands Pub. L. 118–159, div. E, title LIV, §§ 5402–5404, Dec. 23, 2024, 138 Stat. 2449, 2450, provided that: “SEC. 5402. DEFINITIONS.“In this title [amending section 1603 of this title and enacting provisions set out as a note under section 609 of this title]:“(1) Commission.—The term ‘Commission’ means the Federal Communications Commission. “(2) Covered auction.—The term ‘covered auction’ means a system of competitive bidding conducted under section 5403 [of Pub. L. 118–159, set out below]. “SEC. 5403. FCC AUCTION OF CERTAIN LICENSES.“(a) FCC Auction of Certain Licenses.—Not later than 18 months after the date of enactment of this Act [Dec. 23, 2024], the Commission shall initiate systems of competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) to grant licenses for spectrum in the inventory of the Commission as of the date of enactment of this Act in the bands of frequencies referred to by the Commission as the ‘AWS–3 bands’, consistent with existing

to protect Federal Government operations. “(b) Completion of Auctions.—The Commission shall complete the systems of competitive bidding described in subsection (a), including receiving payments, processing applications, and granting licenses, without regard to whether the authority of the Commission under paragraph (11) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) has expired. “SEC. 5404. SPECTRUM AUCTION TRUST FUND.“(a) Establishment.—“(1) In general.—There is established in the Treasury of the United States a fund to be known as the ‘Spectrum Auction Trust Fund’ (referred to in this section as the ‘Fund’) for the purposes described in subsection (b). “(2) Amounts available until expended.—Amounts deposited in the Fund shall remain available until expended. “(b) Deposit of Proceeds.—“(1) In general.—Notwithstanding any other provision of law, except section 309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)), the proceeds (including deposits and upfront payments from successful bidders) from any covered auction shall be deposited or available in accordance with this subsection. “(2) Treasury reimbursement.—Notwithstanding any other provision of law, an aggregate total amount of $3,300,000,000 of the proceeds of covered auctions shall be deposited in the Fund as follows:“(A) 50 percent of those amounts, but not more than $3,080,000,000 cumulatively, shall be transferred to the general fund of the Treasury to reimburse the amount borrowed under subsection (c)(1). “(B) 50 percent of those amounts, but not more than $220,000,000 cumulatively, shall be transferred to the general fund of the Treasury to reimburse the amount borrowed under subsection (d)(1). “(3) Distribution.—If the maximum amount permitted under any subparagraph of paragraph (2) is reached, whether through covered auction proceeds or appropriations to the program specified in that subparagraph, any remaining proceeds from the amount of proceeds of covered auctions described in that paragraph shall be deposited pro rata based on the original distribution to all subparagraphs of paragraph (2) for which the maximum amount permitted has not been met. “(4) Extra amounts.—“(A) In general.—After the amounts required to be made available by paragraphs (2) and (3) are so made available, any remaining amounts up to $280,000,000 shall be made available to the Secretary of Commerce to carry out section 28 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722a). “(B) Limitation.—The Secretary of Commerce may not use any funds made available under subparagraph (A) in a manner that may result in outlays on or after

December 31, 2033. “(C) Deficit reduction.—After the amounts required to be made available by subparagraph (A) are so made available, any remaining amounts shall be deposited in the general fund of the Treasury, where such amounts shall be dedicated for the sole purpose of deficit reduction. “(c) FCC Borrowing Authority.—“(1) In general.—Subject to the limitation under paragraph (2), not later than 90 days after the date of enactment of this Act [Dec. 23, 2024], the Commission may borrow from the Treasury of the United States an amount not to exceed $3,080,000,000 to carry out the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601 et seq.). “(2) Limitation.—The Commission may not use any funds borrowed under this subsection in a manner that may result in outlays on or after

December 31, 2033. “(d) Department of Commerce Borrowing Authority.—“(1) In general.—Subject to the limitation under paragraph (2), not later than 90 days after the date of enactment of this Act, the Secretary of Commerce may borrow from the Treasury of the United States an amount not to exceed $220,000,000 to carry out section 28 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722a). “(2) Limitation.—The Secretary of Commerce may not use any funds borrowed under this subsection in a manner that may result in outlays on or after

December 31, 2033. “(e) Reporting Requirement.—Not later than 2 years after the date of enactment of this Act, and annually thereafter until funds are fully expended, the head of an agency that receives funds under subsection (b)(4)(A), (c)(1), or (d)(1) shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the uses of the amounts received by that agency head under the applicable subsection.” 5G Spectrum Authority Licensing

Act’ or the ‘5G SALE Act’. “SEC. 2. FCC PROCESSING OF APPLICATIONS FOR SPECTRUM LICENSES AWARDED BY AUCTION.“In the case of any applicant for a license or permit for the use of spectrum in the band of frequencies between 2496 megahertz and 2690 megahertz, inclusive, that the Federal Communications Commission selected through a system of competitive bidding conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) on or before

March 9, 2023, and to whom the Commission has not granted the license or permit as of the date of enactment of this Act [Dec. 19, 2023], the Commission may process the application of the applicant during the 90-day period beginning on the date of enactment of this Act.” Digital Television Transition and Public Safety Pub. L. 111–4, § 4, Feb. 11, 2009, 123 Stat. 113, provided that: “(a) Permissive Early Termination Under Existing Requirements.—Nothing in this Act [amending this section and section 337 of this title, enacting provisions set out as notes under this section and section 609 of this title, and amending provisions set out as notes under this section] is intended to prevent a licensee of a television broadcast station from terminating the broadcasting of such station’s analog television signal (and continuing to broadcast exclusively in the digital television service) prior to the date established by law under section 3002(b) of the Digital Television Transition and Public Safety Act of 2005 [section 3002(b) of Pub. L. 109–171, set out below] for termination of all licenses for full-power television stations in the analog television service (as amended by section 2 of this Act) so long as such prior termination is conducted in accordance with the Federal Communications Commission’s requirements in effect on the date of enactment of this Act [Feb. 11, 2009], including the flexible procedures established in the Matter of Third Periodic Review of the Commission’s Rules and Policies Affecting the Conversion to Digital Television (FCC 07–228, MB Docket No. 07–91, released

December 31, 2007). “(b) Public Safety Radio Services.—Nothing in this Act, or the

under this section between

January 1, 2008, and

July 31, 2009, inclusive. The Assistant Secretary shall ensure that each requesting household redeems no more than two coupons. “(B) No combinations of coupons.—Two coupons may not be used in combination toward the purchase of a single digital-to-analog converter box. “(C) Duration.—All coupons shall expire 3 months after issuance. “(D) Expired coupons.—The Assistant Secretary may issue to a household, upon request by the household, one replacement coupon for each coupon that was issued to such household and that expired without being redeemed. “(2) Distribution of coupons.—The Assistant Secretary shall expend not more than $100,000,000 on administrative expenses and shall ensure that the sum of—“(A) all administrative expenses for the program, including not more than $5,000,000 for consumer education concerning the digital television transition and the availability of the digital-to-analog converter box program; and “(B) the total maximum value of all the coupons redeemed, and issued but not expired, does not exceed $990,000,000. “(3) Use of additional amount.—If the Assistant Secretary transmits to the Committee on Energy and Commerce of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a statement certifying that the sum permitted to be expended under paragraph (2) will be insufficient to fulfill the requests for coupons from eligible households—“(A) paragraph (2) shall be applied—“(i) by substituting ‘$160,000,000’ for ‘$100,000,000’; and “(ii) by substituting ‘$1,500,000,000’ for ‘$990,000,000’; “(B) subsection (a)(2) shall be applied by substituting ‘$1,500,000,000’ for ‘$990,000,000’; and “(C) the additional amount permitted to be expended shall be available 60 days after the Assistant Secretary sends such statement. “(4) Coupon value.—The value of each coupon shall be $40. “(d) Definition of Digital-to-Analog Converter Box.—For purposes of this section, the term ‘digital-to-analog converter box’ means a stand-alone device that does not contain features or functions except those necessary to enable a consumer to convert any channel broadcast in the digital television service into a format that the consumer can display on television receivers designed to receive and display signals only in the analog television service, but may also include a remote control device. “SEC. 3006. PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS.“(a) Creation of Program.—The Assistant Secretary, in consultation with the Secretary of the Department of Homeland Security—“(1) may take such administrative action as is necessary to establish and implement—“(A) a grant program to assist public safety agencies in the planning and coordination associated with, the acquisition of, deployment of, or training for the use of interoperable communications equipment, software and systems that—“(i) utilize reallocated public safety spectrum for radio communication; “(ii) enable interoperability with communications systems that can utilize reallocated public safety spectrum for radio communication; or “(iii) otherwise improve or advance the interoperability of public safety communications systems that utilize other public safety spectrum bands; and “(B) are used to establish and implement [sic] a strategic technology reserve to pre-position or secure interoperable communications in advance for immediate deployment in an emergency or major disaster; “(2) shall make payments of not to exceed $1,000,000,000, in the aggregate, through fiscal year 2010 from the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) to carry out the grant program established under paragraph (1), of which at least $75,000,000, in the aggregate, shall be used for purposes described in paragraph (1)(B); and “(3) shall permit any funds allocated for use under paragraph (1)(B) to be used for purposes identified under paragraph (1)(A), if the public safety agency demonstrates that it has already implemented such a strategic technology reserve or demonstrates higher priority public safety communications needs. “(b) Eligibility.—To be eligible for assistance under the grant program established under subparagraph (a)(1)(A), an applicant shall submit an application, at such time, in such form, and containing such information as the Assistant Secretary may require, including a detailed explanation of how assistance received under the program would be used to improve communications interoperability and ensure interoperability with other public safety agencies in an emergency or a major disaster. “(c) Criteria for Strategic Technology Reserves.—“(1) In general.—In evaluating permitted uses under subparagraph (a)(1)(B), the Assistant Secretary shall consider the continuing technological evolution of communications technologies and devices, with its implicit risk of obsolescence, and shall ensure, to the maximum extent feasible, that a substantial part of the reserve involves prenegotiated contracts and other arrangements for rapid deployment of equipment, supplies, and systems (and communications service related to such equipment, supplies, and systems), rather than the warehousing or storage of equipment and supplies currently available at the time the reserve is established. “(2) Requirements and characteristics.—Funds provided to meet uses described in paragraph (1) shall be used in support of reserves that—“(A) are capable of re-establishing communications when existing critical infrastructure is damaged or destroyed in an emergency or a major disaster; “(B) include appropriate current, widely-used equipment, such as Land Mobile Radio Systems, cellular telephones and satellite-enabled equipment (and related communications service), Cells-On-Wheels, Cells-On-Light-Trucks, or other self-contained mobile cell sites that can be towed, backup batteries, generators, fuel, and computers; “(C) include equipment on hand for the Governor of each State, key emergency response officials, and appropriate State or local personnel; “(D) include contracts (including prenegotiated contracts) for rapid delivery of the most current technology available from commercial sources; and “(E) include arrangements for training to ensure that personnel are familiar with the operation of the equipment and devices to be delivered pursuant to such contracts. “(3) Additional characteristics.—Portions of the reserve may be virtual and may include items donated on an in-kind contribution basis. “(4) Allocation of funds.—In evaluating permitted uses under subparagraph (a)(1)(B), the Assistant Secretary shall take into account barriers to immediate deployment, including time and distance, that may slow the rapid deployment of equipment, supplies, and systems (and communications service related to such equipment, supplies, and systems) in the event of an emergency in any State. “(d) Voluntary Consensus Standards.—In carrying out this section, the Assistant Secretary, in cooperation with the Secretary of Homeland Security, shall identify and, if necessary, encourage the development and implementation of, voluntary consensus standards for interoperable communications systems to the greatest extent practicable, but shall not require any such standard. “(e) Inspector General Report and Audits.—“(1) Report.—Beginning with the first fiscal year beginning after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007 [Aug. 3, 2007], the Inspector General of the Department of Commerce shall conduct an annual assessment of the management of the grant program implemented under subsection (a)(1) and transmit a report containing the findings of that assessment and any recommendations related thereto to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce. “(2) Audits.—Beginning with the first fiscal year beginning after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Inspector General of the Department of Commerce shall conduct financial audits of entities receiving grants from the program implemented under subsection (a)(1), and shall ensure that, over the course of 4 years, such audits cover recipients in a representative sample of not fewer than 25 States or territories. The results of any such audits shall be made publicly available via web site, subject to redaction as the Inspector General determines necessary to protect classified and other sensitive information. “(f) Rule of

.—Nothing in this section shall be construed or interpreted to preclude the use of funds under this section by any public safety agency for interim- or long-term Internet Protocol-based interoperable solutions. “(h)[(g)] Credit.—The Assistant Secretary may borrow from the Treasury beginning on

October 1, 2006, such sums as may be necessary, but not to exceed $1,000,000,000, to implement this section. The Assistant Secretary shall reimburse the Treasury, without interest, as funds are deposited into the Digital Television Transition and Public Safety Fund. “(i)[(h)] Condition of Grants.—In order to obtain a grant under the grant program, a public safety agency shall agree to provide, from non-Federal sources, not less than 20 percent of the costs of acquiring and deploying the interoperable communications systems funded under the grant program. “(j)[(i)] Definitions.—For purposes of this section:“(1) Public safety agency.—The term ‘public safety agency’ means any State, local, or tribal government entity, or nongovernmental organization authorized by such entity, whose sole or principal purpose is to protect the safety of life, health, or property. “(2) Interoperable communications systems.—The term ‘interoperable communications systems’ means communications systems which enable public safety agencies to share information amongst local, State, Federal, and tribal public safety agencies in the same area via voice or data signals. “SEC. 3007. NYC 9/11 DIGITAL TRANSITION.“(a) Funds Available.—From the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) the Assistant Secretary shall make payments of not to exceed $30,000,000, in the aggregate, which shall be available to carry out this section for fiscal years 2007 through 2008. The Assistant Secretary may borrow from the Treasury beginning

October 1, 2006, such sums as may be necessary not to exceed $30,000,000 to implement and administer the program in accordance with this section. The Assistant Secretary shall reimburse the Treasury, without interest, as funds are deposited into the Digital Television Transition and Public Safety Fund. “(b) Use of Funds.—The sums available under subsection (a) shall be made available by the Assistant Secretary by grant to be used to reimburse the Metropolitan Television Alliance for costs incurred in the design and deployment of a temporary digital television broadcast system to ensure that, until a permanent facility atop the Freedom Tower is constructed, the members of the Metropolitan Television Alliance can provide the New York City area with an adequate digital television signal as determined by the Federal Communications Commission. “(c) Definitions.—For purposes of this section:“(1) Metropolitan television alliance.—The term ‘Metropolitan Television Alliance’ means the organization formed by New York City television broadcast station licensees to locate new shared facilities as a result of the attacks on

September 11, 2001 and the loss of use of shared facilities that housed broadcast equipment. “(2) New york city area.—The term ‘New York City area’ means the five counties comprising New York City and counties of northern New Jersey in immediate proximity to New York City (Bergen, Essex, Union, and Hudson Counties). “SEC. 3008. LOW-POWER TELEVISION AND TRANSLATOR DIGITAL-TO-ANALOG CONVERSION.“(a) Creation of Program.—“(1) In General.—The Assistant Secretary shall make payments of not to exceed $10,000,000, in the aggregate, during the fiscal year 2008 and 2009 period from the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) to implement and administer a program through which each eligible low-power television station may receive compensation toward the cost of the purchase of a digital-to-analog conversion device that enables it to convert the incoming digital signal of its corresponding full-power television station to analog format for transmission on the low-power television station’s analog channel. An eligible low-power television station may receive such compensation only if it submits a request for such compensation on or before

June 12, 2009. Priority compensation shall be given to eligible low-power television stations in which the license is held by a non-profit corporation and eligible low-power television stations that serve rural areas of fewer than 10,000 viewers. “(2) Use of funds.—As soon as practicable after the date of enactment of the DTV Transition Assistance Act [

July 30, 2008], the Assistant Secretary shall make a determination, which the Assistant Secretary may adjust from time to time, with respect to whether the full amount provided under paragraph (1) will be needed for payments under that paragraph. If the Assistant Secretary determines that the full amount will not be needed for payments authorized by paragraph (1), the Assistant Secretary may use the remaining amount for consumer education and technical assistance regarding the digital television transition and the availability of the digital-to-analog converter box program (in addition to any amounts expended for such purpose under [section] 3005(c)(2)(A) of this title), including partnering with, providing grants to, and contracting with non-profit organizations or public interest groups in achieving these efforts. If the Assistant Secretary initiates such an education program, the Assistant Secretary shall develop a plan to address the educational and technical assistance needs of vulnerable populations, such as senior citizens, individuals residing in rural and remote areas, and minorities, including, where appropriate, education plans focusing on the need for analog pass-through digital converter boxes in areas served by low power or translator stations, and shall consider the speed with which these objectives can be accomplished to the greatest public benefit. “(b) Credit.—The Assistant Secretary may borrow from the Treasury beginning

October 1, 2006, such sums as may be necessary, but not to exceed $10,000,000, to implement this section. The Assistant Secretary shall reimburse the Treasury, without interest, as funds are deposited into the Digital Television Transition and Public Safety Fund. “(c) Eligible Stations.—For purposes of this section, the term ‘eligible low-power television station’ means a low-power television broadcast station, Class A television station, television translator station, or television booster station—“(1) that is itself broadcasting exclusively in analog format; and “(2) that has not purchased a digital-to-analog conversion device prior to the date of enactment of the Digital Television Transition and Public Safety Act of 2005 [Feb. 8, 2006]. “SEC. 3009. LOW-POWER TELEVISION AND TRANSLATOR UPGRADE PROGRAM.“(a) Establishment.—The Assistant Secretary shall make payments of not to exceed $65,000,000, in the aggregate, during fiscal years 2009 through 2012 from the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) to implement and administer a program through which each licensee of an eligible low-power television station may receive reimbursement for equipment to upgrade low-power television stations from analog to digital in eligible rural communities, as that term is defined in section 610(b)(2) [601(b)(2)] of the Rural Electrification Act of 1937 [1936] (7 U.S.C. 950bb(b)(2)). Such reimbursements shall be issued to eligible stations on or after

February 18, 2009. Priority reimbursements shall be given to eligible low-power television stations in which the license is held by a non-profit corporation and eligible low-power television stations that serve rural areas of fewer than 10,000 viewers. “(b) Eligible Stations.—For purposes of this section, the term ‘eligible low-power television station’ means a low-power television broadcast station, Class A television station, television translator station, or television booster station—“(1) that is itself broadcasting exclusively in analog format; and “(2) that has not converted from analog to digital operations prior to the date of enactment of the Digital Television Transition and Public Safety Act of 2005 [Feb. 8, 2006]. “SEC. 3010. NATIONAL ALERT AND TSUNAMI WARNING PROGRAM.“The Assistant Secretary shall make payments of not to exceed $156,000,000, in the aggregate, during the fiscal year 2007 through 2012 period from the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) to implement a unified national alert system capable of alerting the public, on a national, regional, or local basis to emergency situations by using a variety of communications technologies. The Assistant Secretary shall use $50,000,000 of such amounts to implement a tsunami warning and coastal vulnerability program. “SEC. 3011. ENHANCE 911.“(a) In General.—The Assistant Secretary shall make payments of not to exceed $43,500,000, in the aggregate, from the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) to implement the ENHANCE 911 Act of 2004 [title I of Pub. L. 108–494, see

made by this section [amending section 3005(c)(1) of Pub. L. 109–171, set out above] shall not take effect until the enactment of additional budget authority after the date of enactment of this Act [Feb. 11, 2009] to carry out the analog-to-digital converter box program under section 3005 of the Digital Television Transition and Public Safety Act of 2005 [section 3005 of Pub. L. 109–171, set out above].” ] Findings Pub. L. 107–195, § 2,

June 19, 2002, 116 Stat. 715, provided that: “Congress finds the following: “(1) Circumstances in the telecommunications market have changed dramatically since the auctioning of spectrum in the 700 megahertz band was originally mandated by Congress in 1997, raising serious questions as to whether the original deadlines, or the subsequent revision of the deadlines, are consistent with sound telecommunications policy and spectrum management principles. “(2) No comprehensive plan yet exists for allocating additional spectrum for third-generation wireless and other advanced communications services. The Federal Communications Commission should have the flexibility to auction frequencies in the 700 megahertz band for such purposes. “(3) The study being conducted by the National Telecommunications and Information Administration in consultation with the Department of Defense to determine whether the Department of Defense can share or relinquish additional spectrum for third generation wireless and other advanced communications services will not be completed until after the June 19th auction date for the upper 700 megahertz band, and long after the applications must be filed to participate in the auction, thereby creating further uncertainty as to whether the frequencies in the 700 megahertz band will be put to their highest and best use for the benefit of consumers. “(4) The Federal Communications Commission is also in the process of determining how to resolve the interference problems that exist in the 800 megahertz band, especially for public safety. One option being considered for the 800 megahertz band would involve the 700 megahertz band. The Commission should not hold the 700 megahertz auction before the 800 megahertz interference issues are resolved or a tenable plan has been conceived. “(5) The 700 megahertz band is currently occupied by television broadcasters, and will be so until the transfer to digital television is completed. This situation creates a tremendous amount of uncertainty concerning when the spectrum will be available and reduces the value placed on the spectrum by potential bidders. The encumbrance of the 700 megahertz band reduces both the amount of money that the auction would be likely to produce and the probability that the spectrum would be purchased by the entities that valued the spectrum the most and would put the spectrum to its most productive use. “(6) The Commission’s rules governing voluntary mechanisms for vacating the 700 megahertz band by broadcast stations—“(A) produced no certainty that the band would be available for advanced mobile communications services, public safety operations, or other wireless services any earlier than the existing statutory framework provides; and “(B) should advance the transition of digital television and must not result in the unjust enrichment of any incumbent licensee.” Compliance With Auction Authority Pub. L. 107–195, § 4,

June 19, 2002, 116 Stat. 717, provided that: “The Federal Communications Commission shall conduct rescheduled auctions 31 and 44 prior to the expiration of the auction authority under section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)).” Preservation of Broadcaster Obligations Pub. L. 107–195, § 5,

June 19, 2002, 116 Stat. 717, provided that: “Nothing in this Act [see