ommended by the Secretary pursuant to section 113(e), shall propose (A) gradually to allocate and assign the frequencies remaining, after making the reservation required by subparagraph (B), over the course of 10 years beginning on the date of submission of such plan; and (B) to reserve a significant portion of such frequencies for allocation and assignment beginning after the end of such 10-year period; (2) contain appropriate provisions to ensure (A) the availability of frequencies for new technologies and services in accordance with the policies of section 7 of the 1934 Act (47 U.S.C. 157); (B) the availability of frequencies to stimulate the development of such technologies; and (C) the safety of life and property in accordance with the policies of section 1 of the 1934 Act (47 U.S.C. 151); (3) address (A) the feasibility of reallocating portions of the spectrum from current commercial and other non-Federal uses to provide for more efficient use of the spectrum, and (B) innovation and marketplace developments that may affect the relative efficiencies of different spectrum allocations; (4) not prevent the Commission from allocating frequencies, and assigning licenses to use frequencies, not included in the plan; and (5) not preclude the Commission from making changes to the plan in future proceedings. (c) ALLOCATION AND ASSIGNMENT OF FREQUENCIES IDENTIFIED IN THE SECOND REALLOCATION REPORT.— (1) PLAN AND IMPLEMENTATION.-With respect to the frequencies made available for reallocation pursuant to section 113(b)(3), the Commission shall, not later than one year after receipt of the second reallocation report required by section 113(a), prepare, submit to the President and the Congress, and implement, a plan for the immediate allocation and assignment under the 1934 Act of all such frequencies in accordance with section 309(j) of such Act. (2) CONTENTS.-The plan prepared by the Commission under paragraph (1) shall consist of a schedule of allocation and assignment of those frequencies in accordance with section 309(j) of the 1934 Act in time for the assignment of those licenses or permits by September 30, 2002. SEC. 116. [47 U.S.C. 926] AUTHORITY TO RECOVER REASSIGNED FREQUENCIES. (a) AUTHORITY OF PRESIDENT.-Subsequent to the withdrawal of assignment to Federal Government stations pursuant to section 114, the President may reclaim reassigned frequencies for reassignment to Federal Government stations in accordance with this section. (b) PROCEDURE FOR RECLAIMING FREQUENCIES.— (1) UNALLOCATED FREQUENCIES.-If the frequencies to be reclaimed have not been allocated or assigned by the Commission pursuant to the 1934 Act, the President shall follow the procedures for substitution of frequencies established by section 114(b) of this part. (2) ALLOCATED FREQUENCIES.—If the frequencies to be reclaimed have been allocated or assigned by the Commission, the President shall follow the procedures for substitution of frequencies established by section 114(b) of this part, except that the statement required by section 114(b)(1)(B) shall include (A) a timetable to accommodate an orderly transition for licensees to obtain new 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 rendered 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 purposes 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 114(b)(1)(B) 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). SEC. 117. [47 U.S.C. 927] EXISTING ALLOCATION AND TRANSFER AUTHORITY RETAINED. (a) ADDITIONAL REALLOCATION.-Nothing in this part 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 part— (1) the Secretary may, consistent with section 104(e) of this Act, at any time allow frequencies allocated on a primary basis for Federal Government use to be used by non-Federal licensees on a mixed-use basis for the purpose of facilitating the prompt implementation of new technologies or services and for other purposes; and (2) the Commission shall make any allocation and licensing decisions with respect to such frequencies in a timely manner and in no event later than the date required by section 7 of the 1934 Act. PART C-SPECIAL AND TEMPORARY SEC. 151. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRA TION. There are authorized to be appropriated for the administration of the NTIA $17,600,000 for fiscal year 1992 and $17,900,000 for fiscal year 1993, and such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs. SEC. 152. NATIONAL ENDOWMENT FOR CHILDREN'S EDUCATIONAL TELEVISION. * * * * * [Section 152 contained amendments to section 394(h) of the Communications Act of 1934.] [Section 153 contained amendments to section 2(a) of Public Law 101-555 (NTIA Authorization for FY 1990-91) printed elsewhere in this compilation.] SEC. 154. COMMUNICATIONS FOR RURAL HEALTH PROVIDERS. (a) PURPOSE.-It is the purpose of this section to improve the ability of rural health providers to use communications to obtain health information and to consult with others concerning the delivery of patient care. Such enhanced communications ability may assist in (1) improving and extending the training of rural health professionals; and (2) improving the continuity of patient care in rural areas. (b) ADVISORY PANEL.-The Secretary of Commerce, in conjunction with the Secretary of Health and Human Services, shall establish an advisory panel (hereafter in this section referred to as the "Panel") to develop recommendations for the improvement of rural health care through the collection of information needed by providers and the improvement in the use of communications to disseminate such information. (c) COMPOSITION OF PANEL.-The Panel shall be composed of individuals from organizations with rural constituencies and practitioners from health care disciplines, representatives of the National Library of Medicine, and representatives of different health professions schools, including nurse practitioners. (d) SELECTION OF CONSULTANTS.-The Panel may select consultants to provide advice to the Panel regarding the types of information that rural health care practitioners need, the procedures to gather and disseminate such information, and the types of communications equipment and training needed by rural health care practitioners to obtain access to such information. (e) REPORT TO CONGRESS.-Not later than 1 year after the Panel is established under subsection (b), the Secretary of Commerce shall prepare and submit, to the Committee on Commerce, Science, and Transportation and the Committee on Labor and Human Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report summarizing the recommendations made by the Panel under subsection (b). (f) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be appropriated to the Secretary of Commerce to carry out this section $1,000,000 to remain available until expended. SEC. 155. REPORT ON THE ROLE OF TELECOMMUNICATIONS IN HATE CRIMES. (a) REQUIREMENT OF REPORT.-Within 240 days after the date of enactment of this Act, the NTIA, with the assistance of the Commission, the Department of Justice, and the United States Commission on Civil Rights, shall prepare a report on the role of telecommunications in crimes of hate and violent acts against ethnic, religious, and racial minorities and shall submit such report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transpor tation of the Senate. (b) SCOPE OF REPORT.-The report required by subsection (a) shall (1) analyze information on the use of telecommunications, including broadcast television and radio, cable television, public access television, computer bulletin boards, and other electronic media, to advocate and encourage violent acts and the commission of crimes of hate, as described in the Hate Crimes Statistics Act (28 U.S.C. 534), against ethnic, religious, and racial minorities. (2) include any recommendations deemed appropriate and necessary by the NTIA. |