Section 274 of The American Jobs Act is a paragraph in length.
To the extent that the Commission makes available terrestrial broadband rights on spectrum primarily licensed for mobile satellite services, the Commission shall recover a significant portion of the value of such right either through the authority provided in section 309(j) of the Communications Act of 1934 ((j)) or by section 278 of this subtitle.
Cited Law:
TITLE 47 > CHAPTER 5 > SUBCHAPTER III > Part I > § 309
(j) Use of competitive bidding
(1) General authority
If, consistent with the obligations described in paragraph (6)(E), mutually exclusive applications are accepted for any initial license or construction permit, then, except as provided in paragraph (2), the Commission shall grant the license or permit to a qualified applicant through a system of competitive bidding that meets the requirements of this subsection.
(2) Exemptions
The competitive bidding authority granted by this subsection shall not apply to licenses or construction permits issued by the Commission—
(A) for public safety radio services, including private internal radio services used by State and local governments and non-government entities and including emergency road services provided by not-for-profit organizations, that—
(i) are used to protect the safety of life, health, or property; and
(ii) are not made commercially available to the public;
SECTION 275. PERMANENT EXTENSION OF AUCTION AUTHORITY.
Section 309(j)11 of the Communications Act of 1934 ( (j)(11)) is repealed.
Cited Law:
(11) Termination
The authority of the Commission to grant a license or permit under this subsection shall expire September 30, 2012.
I am trying to figure out what part of this Senators didn't like.
SECTION 276. AUTHORITY TO AUCTION LICENSES FOR DOMESTIC SATELLITE SERVICES.
Section 309(j) of the Communications Act of 1934 is amended by adding the following new subsection at the end thereof:
“(17) Notwithstanding any other provision of law, the Commission shall use competitive bidding under this subsection to assign any license, construction permit, reservation, or similar authorization or modification thereof, that may be used solely or predominantly for domestic satellite communications services, including satellite-based television or radio services....
Pondering the odds of this failing to pass the Senate may take forever actually.
SECTION 277. DIRECTED AUCTION OF CERTAIN SPECTRUM.
(a) IDENTIFICATION OF SPECTRUM.—Not later than 1 year after the date of enactment of this subtitle, the Assistant Secretary shall identify...
(b) AUCTION.—Not later than January 31, 2016, the Commission shall conduct, in such combination as deemed appropriate by the Commission, the auctions
(6) At least 25 megahertz of spectrum between the frequencies of , minus appropriate geographic exclusion zones if necessary, unless the President of the United States determines that —
(A) such spectrum should not be reallocated due to the need to protect incumbent Federal operations; or reallocation must be delayed or progressed in phases to ensure protection or continuity of Federal operations; and
(B) allocation of other spectrum—
(i) better serves the public interest, convenience, and necessity; and
(ii) can reasonably be expected to produce receipts comparable to auction of spectrum frequencies identified in this paragraph.
FEDERAL OPERATIONS (click here)
IN THE 1755–1850 MHZ BAND:
The Potential for Accommodating Third Generation Mobile Systems
Well, I'll be darn, the auctions are suppose to produce an income for the country. Who knew?
(7) The Commission may substitute alternative spectrum frequencies for the spectrum frequencies identified in paragraphs (1) through (5) of this subsection, if the Commission determines that alternative spectrum would better serve the public interest and the Office of Management and Budget certifies that such alternative spectrum frequencies are reasonably expected to produce receipts comparable to auction of the spectrum frequencies identified in paragraphs (1) through (5) of this subsection.
(d) FURTHER REALLOCATION OF CERTAIN OTHER SPECTRUM.—
(1) COVERED SPECTRUM.—For purposes of this subsection, the term ‘‘covered spectrum’’ means the portion of the electromagnetic spectrum between the frequencies of 3550 to 3650 megahertz, inclusive, minus the geographic exclusion zones, or any amendment thereof, identified in NTIA’s October 2010 report entitled ‘‘An Assessment of Near-Term Viability of Accommodating Wireless Broadband Systems in 1675–1710 MHz, 1755–1780 MHz, 3500–3650 MHz, and 4200–4220 MHz, 4380–4400 MHz Bands’’.
Cited work:
An Assessment of the Near-Term Viability of Accommodating Wireless Broadband Systems in the 1675-1710 MHz, 1755-1780 MHz, 3500-3650 MHz, and 4200-4220 MHz, 4380-4400 MHz Bands (President's Spectrum Plan Report) (click here)
Abstract:
This report presents NTIA’s analysis of bands under a “Fast Track” review. The report recommends making available, within five years, 115 megahertz (1695-1710 MHz and 3550-3650 MHz) as an important step toward the President’s goal to make 500 megahertz available for wireless broadband within ten years.
By Golly, the government has actually been doing something to benefit the people of the nation. Could it be our tax dollars they are NOT wasting after all?
(A) IN GENERAL.—If the President makes a determination under paragraph (2) that the covered spectrum cannot be reallocated, then the President shall, within 1 year after the date of such determination—
(i) identify alternative bands of frequencies totaling more than 20 megahertz and no more than 100 megahertz of spectrum used primarily by Federal agencies that satisfy the requirements of clauses (i)and (ii) of paragraph (2)(B);
(ii) report to the appropriate committees of Congress and the Commission an identification of such alternative spectrum for assignment by competitive bidding; and
(iii) make such alternative spectrum for assignment immediately available for reallocation.
Well, if that doesn't beat all. If the bandwidth utilized by the government cannot be authorized for auction, we get a redress automatically by the Chief Executive himself.
I can say that the newly allocated bandwidth should be given a review by Congress before allocated for auction. I don't like the idea of simply one branch of government having carte blanc if there are difficulties in allocating the frequencies in the first place. The reasons being should be made publicly available as well. That is fixed with a simple amendment to the bill.
(e) AMENDMENTS TO DESIGN REQUIREMENTS RELATED TO COMPETITIVE BIDDING.—
Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended—
(1) in paragraph (3)—
(A) in subparagraph (E)(ii), by striking ‘‘; and’’ and inserting a semicolon;
(B) in subparagraph (F), by striking the period at the end and inserting a semicolon; and
(2) by amending clause (i) of the second sentence of paragraph (8)(C) to read as follows:
‘‘(i) the deposits—
‘‘(I) of successful bidders of any auction conducted pursuant to subparagraph (F) of section 106 of this act shall be paid to the Public Safety Trust Fund established under section 217 of such Act; and
‘‘(II) of successful bidders of any other auction shall be paid to the Treasury;’’.
Cited Law:
(3)(E)(ii) after issuance of bidding rules, to ensure that interested parties have a sufficient time to develop business plans, assess market conditions, and evaluate the availability of equipment for the relevant services; and
(3)(F) for any auction of eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923 (g)(2)), the recovery of 110 percent of estimated relocation costs as provided to the Commission pursuant to section 113(g)(4) of such Act.
(8)(C)(i) the deposits of successful bidders shall be paid to the Treasury, except as otherwise provided in subparagraph (E)(ii);
SECTION 278. AUTHORITY TO ESTABLISH SPECTRUM LICENSE USER FEES.
Section 309 of the Communications Act of 1934 is amended by adding the following new subsection at the end thereof:
“(m) USE OF SPECTRUM LICENSE USER FEES....
...the Commission may, where warranted, establish, assess, and collect annual user fees on holders...
“(1) REQUIRED COLLECTIONS. –the Commission shall collect at least the following amounts –
(A)$200,000,000 in fiscal year 2012;
(B) $300,000,000 in fiscal year 2013;
(C) $425,000,000 in fiscal year 2014;
(D) $550,000,000 in fiscal year 2015;
(E) $550,000,000 in fiscal year 2016;
(F) $550,000,000 in fiscal year 2017;
(G) $550,000,000 in fiscal year 2018;
(H) $550,000,000 in fiscal year 2019;
(I) $550,000,000 in fiscal year 2020; and
(J) $550,000,000 in fiscal year 2021.”
Nice. Not bad addition to the Treasury. The holders should benefit far above those amounts, no doubt. The above amounts are the minimum monies to be collected, but, was also at work is a review of the fee regulations to accommodate the tax payer with more relief if the use proves to be lucrative.
“(2) DEVELOPMENT OF SPECTRUM FEE REGULATIONS. –
“(A) The Commission shall, by regulation, establish a methodology for assessing annual spectrum user fees and a schedule for collection of such fees on classes of spectrum licenses or construction permits or other instruments of authorization, consistent with the public interest, convenience and necessity...
Commission may consider the following factors:
“(i) the highest value alternative spectrum use forgone;
“(ii) scope and type of permissible services and uses;
“(iii) amount of spectrum and licensed coverage area;
“(iv) shared versus exclusive use;
“(v) level of demand for spectrum licenses or construction permits within a certain spectrum band or geographic area;
“(vi) the amount of revenue raised on comparable licenses awarded through an auction; and
“(vii) such factors that the Commission determines, in its discretion, are necessary to promote efficient and effective spectrum use.
Number (VI) otherwise known as 6; is a measure of market demand. It keeps this aspect of fees REAL. The acquisition of this broadband will fluctuate. THEY WILL CHANGE HANDS. In 'keeping up' with price through demand will hopefully limit monopoly as well. Monopoly needs to be avoided by offering by THE PEOPLE. No doubt there needs to be policing of the availability of the broadband to be sure there is sufficient exposure to all markets to satisfy THE DEMOCRACY.
“(B) In addition, the Commission shall, by regulation, establish a methodology for assessing annual user fees and a schedule for collection of such fees on entities holding in conjunction with Mobile Satellite Service spectrum licenses,...
Cited Law:
[Title 47, Volume 2] (click here)
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR25.149]
PART 25_SATELLITE COMMUNICATIONS--Table of Contents
Subpart B_Applications and Licenses
Sec. 25.149 Application requirements for ancillary terrestrial components
in the mobile-satellite service networks operating in the 1.5./1.6 GHz, 1.6/2.4 GHz
and 2 GHz mobile-satellite service.
(a) Applicants for shall
demonstrate that the applicant does or will comply with the following
through certification or explanatory technical exhibit, as appropriate:
(1) ATC shall be deployed in the forward-band mode of operation
whereby the ATC mobile terminals transmit in the MSS uplink bands and
the ATC base stations transmit in the MSS downlink bands in portions of
the 2000-2020 MHz/2180-2200 MHz bands (2 GHz band), the 1626.5-1660.5
MHz/1525-1559 MHz bands (L-band), and the 1610-1626.5 MHz/2483.5-2500
MHz bands (Big LEO band).
* Reuters is not responsible for the content in this press release.
Thu Apr 10, 2008 9:01pm EDT
MILPITAS, Calif., April 10, 2008 (PRIME NEWSWIRE) -- Globalstar, Inc.
(Nasdaq:GSAT), a leading provider of mobile satellite voice and data services to
businesses, government and individuals, today announced that the U.S. Federal
Communications Commission (FCC) has issued a Report & Order expanding
Globalstar's authority to offer Ancillary Terrestrial Component services (ATC)
in the United States in conjunction with its mobile satellite services. The
Report & Order concludes a rulemaking proceeding that the FCC began in November
2007 in response to a petition that Globalstar filed in June 2006.
In January 2006 the FCC authorized Globalstar to use 11 MHz of its 1.6/2.4 GHz
mobile satellite service (MSS) spectrum for ATC. As a consequence of the FCC's
decision today Globalstar is permitted to use 19.275 MHz of its spectrum for
ATC.
In its release the FCC stated, "The Commission increases...the spectrum
available for ATC in the Big LEO L-band from 1610-1615.5 MHz to 1610-1617.775
MHz, and in the Big LEO S-band from 2487.5-2493 MHz to 2483.5-2495 MHz." The FCC
added, "This action will allow greater capacity and flexibility for MSS/ATC, and
will allow...Big LEO MSS/ATC systems to provide improved service to customers,
particularly in urban and underserved rural areas of the United States."
The bill continues:
“(C) Within 60 days of enactment of this Act, the Commission shall commence a rulemaking to develop the fee methodology and regulations. The Commission shall take all actions necessary so that it can collect fees from the first class or classes of spectrum license or construction permit holders no later than September 30, 2012.
I've got a little trouble with the paragraph below, except, the actions to modify will first have to have an impetus based in CHANGED LAW. That should work. The Commission should not in any way have carte blanc to change the rules in a whim of political fervor.
“(D) The Commission, from time to time, may commence further rulemakings (separate from or in connection with other rulemakings or proceedings involving spectrum-based services, licenses, permits and uses) and modify the fee methodologyor revise its rules required by paragraph (B) to add or modify classes of spectrum license or construction permit holders that must pay fees, and assign or adjust such fee as a result of the addition, deletion, reclassification or other change in a spectrum-based service or use, including changes in the nature of a spectrum-based service or use as a consequence of Commission rulemaking proceedings or changes in law....
It is my opinion that rule making is the place where adverse elements of the POLITICAL SPECTRUM find their footing to undermine the democracy. I would think such provisions would be initiated by DEMANDS of the change of law. Changes in law require legislative authority and the public will have access should the topic come to the floor of either house. Considering the potential shift in Treasury income that can occur there needs to be protections to that effect. There is such a dynamic as 'fast tracking' once the public has been aware of any change in law that could adversely effect THE NATIONAL DEBT. And by adversely effect I don't mean simply a shift in changing the income demands to a different government authority within the federal government such as dried up oil wells. These are particular capacity of the people of this country and they should have their place of RESPONSIBILITY for the operations of the government. This capacity should be protected and not subverted to benefit the people of this nation.
This aside. As I read through President Obama's American Jobs Act it comes completely clear the mind of the master. He is always CORRECT in content. Harvard, no doubt. High integrity and regard for the verbiage that dictates the laws. There is one aspect he neglects to defend from. Yes, I did say, DEFEND FROM. He needs to reach a capacity of skepticism in his composition that words are fluid and to that end the meaning of those words have fluidity and serve adverse purpose to the US Constitution and hence the people of the country. It is in that 'fluidity' subversion takes place. It has been mastered by The Rove Republican. He needs to remember, while he trusts the Executive Branch implicitly simply because he can and should under a well qualified and diverse administration, that may not hold true for the future and the security of our government as generations take their place. There should always, regardless of level of government; local, county, state and federal; be the provision of all provisions that when 'shifts' in impact of law are changing the public should be aware of the effect of that impact of that shift.
We have witnessed with the 2010 elections a highly aggressive entity that has caused economic downturn for the sake of political ideology during one of the most adverse economic disasters in our country. An economic downturn engineered to destroy entitlements and place citizen's lives, organization and structure and livelihoods in peril. To say this is treasonous is simply viewed as political play while those understanding the 'fluid dynamics' of these shifts see it quite as an assault against our democracy and the people of this nation.
Entering a provision into legislation that brings the legislative process to HIGH STANDARD will avoid 'surprise' and 'buyers remorse' by the people and save the economic integrity of the USA and its levels of government.
Simply my opinion. I am not Harvard. I am a UNCW biologist with specialties in conservation biology, environmental science and women's studies.
Back to the bill.
“(E) The Commission shall exempt from such fees holders of licenses for broadcast television and public safety services. The term “emergency response providers” includes State, local, and tribal, emergency public safety, law enforcement, firefighter, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies and authorities.
I like that one.
“(3) PENALTIES FOR LATE PAYMENT. – The Commission shall prescribe by regulation an additional charge which shall be assessed as a penalty for late payment of fees required by this subsection.
“(4) REVOCATION OF LICENSE OR PERMIT. –
“(5) TREATMENT OF REVENUES. –All proceeds obtained pursuant to the regulations required by this subsection shall be deposited in the General Fund of the Treasury.”
This Broadband stuff in this bill simply goes on and on. The President has been very interested in the REVENUES from this capacity of the federal government. I can understand that. Considering a use fee annually can be in excess of a half a TRILLION or more for each bandwidth, these provisions are a complete assault on the national debt. Well done.
Which leaves one to ponder all the more the reasons why the US Senate didn't authorize it. Odd. They have personal networks out there we don't know about? Nah. I am sure of that were the case Anthony Weiner would be unknown to anyone at this point. He could literally say, "What transmissions?"
Is the Senate making errors in the number of zeros after the numbers?
THAT IS A FUCKING HUGE SUM OF MONEY TO TURN DOWN. I think the President really meant this bill to go somewhere!!!!!!!!!!!!!!
PART II ﾖ PUBLIC SAFETY BROADBAND NETWORK
SECTION 281. REALLOCATION OF D BLOCK FOR PUBLIC SAFETY.
(a) In General.ﾗThe Commission shall reallocate the 700 MHz D block spectrum for use by public safety entities in accordance with the provisions of this subtitle.
(b) Spectrum Allocation.ﾗSection 337(a) of the Communications Act of 1934 (47 U.S.C. 337(a)) is amendedﾗ
(1) by striking ﾓ24ﾔ in paragraph (1) and inserting ﾓ34ﾔ; and
(2) by striking ﾓ36ﾔ in paragraph (2) and inserting ﾓ26ﾔ.
Cited Law:
Codes and Statutes - US Code - Title 47 - Chapter 5 - Subchapter III - Part I - Section 337
(a) In general
Not later than January 1, 1998, the Commission shall allocate the electromagnetic spectrum between 746 megahertz and 806 megahertz, inclusive, as follows:
(1) 24 megahertz of that spectrum for public safety services according to the terms and conditions established by the Commission, in consultation with the Secretary of Commerce and the Attorney General; and
(2) 36 megahertz of that spectrum for commercial use to be assigned by competitive bidding pursuant to section 309(j) of this title.
continuing the bill:
SECTION 282. FLEXIBLE USE OF NARROWBAND SPECTRUM.
The Commission may allow the narrowband spectrum to be used in a flexible manner, including usage for public safety broadband communications, subject to such technical and interference protection measures as the Commission may require and subject to interoperability requirements of the Commission and the Corporation established in section 204 of this subtitle.
SECTION 283. SINGLE PUBLIC SAFETY WIRELESS NETWORK LICENSEE.
(a) Reallocation and Grant of License.—Notwithstanding any other provision of law, and subject to the provisions of this subtitle, including section 290, the Commission shall grant a license to the Public Safety Broadband Corporation established under section 284 for the use of the 700 MHz D block spectrum and existing public safety broadband spectrum.
(b) Term of License.—
What follows is basically definitions.
(c) Facilitation of Transition.—The Commission shall take all actions necessary to facilitate the transition of the existing public safety broadband spectrum to the Public Safety Broadband Corporation established under section 284.
SECTION 284. ESTABLISHMENT OF PUBLIC SAFETY BROADBAND CORPORATION.
This is similar to the private corporation established in the Infrastructure Bank. I sincerely don't see ANY justification for those that say President Obama has a distain for the private sector. This bill alone stands in complete opposition to that ? point of view. ?
What all Americans stand in distain of is a political party that panders to the private sector while causing harm to the human condition. If regulation is necessary to protect live and quality of life and Republicans see that as an inhibition to PROFIT then they are an adverse entity to this country. There are better ways and it is called Research and Development. If companies and corporations cannot afford R&D under their current CEO, then they need to cut their bonuses and find a new CEO.
The President is bound by oath to protect and defend this nation. That oath belongs to the citizens and not Wall Street.
(b) Application of Provisions.—The Corporation shall be subject to the provisions of this subtitle, and, to the extent consistent with this subtitle, to the District of Columbia Non Profit Corporation Act (sec. 29–301.01 et seq., D.C. Official Code).
Cited Law:
D.C. Council Holds Hearing on New Nonprofit Corporation Law (click here)
