Page:United States Statutes at Large Volume 107 Part 1.djvu/413

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PUBLIC LAW 103-66 —AUG. 10, 1993 107 STAT. 387 " (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 7ofthel934Act.". (b) CONFORMING AMENDMENT TO ENSURE COLLECTION OF FCC FEES.Section 104 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 903) is amended by adding at the end the following new subsection: " (e) PROOF OF COMPLIANCE WITH FCC LICENSING REQUIRE- MENTS.— "(1) AMENDMENT TO MANUAL REQUIRED. —Within 90 days after the date of enactment of this subsection, the Secretary and the NTIA shall amend the spectrum management document described in subsection (a) to require that— "(A) no person or entity (other than an agency or instrumentality of the United States) shall be permitted, after 1 year after such date of enactment, to operate a radio station utilizing a frequency that is authorized for the use of government stations pursuant to section 103(b)(2)(A) of this Act for any non-government application unless such person or entity has submitted to the NTIA proof, in a form prescribed by such manual, that such person or entity has obtained a license from the Commission; and "(B) no person or entity (other than an agency or instrumentality of the United States) shall be permitted, after 1 year aft«r such date of enactment, to utilize a radio station belonging to the United States for any nongovernment application unless such person or entity has submitted to the NTIA proof, in a form prescribed by such manual, that such person or entity has obtained a license from the Commission. "(2) RETENTION OF FORMS.— The NTIA shall maintain on file the proofs submitted under paragraph (1), or facsimiles thereof. "(3) CERTIFICATION.— Within 1 year after the date of enactment of this subsection, the Secretary and the NTIA shall certify to the Committee on Energy and Commerce of the House of Representatives and the (Committee on Commerce, Science, and Transportation of the Senate that— "(A) the amendments required by paragraph (1) have been accomplished; and "(B) the reqtiirements of subparagraphs (A) and (B) of such paragraph are being enforced.". SEC. 6002. AUTHORITY TO USE COMPETITIVE BIDDING. (a) USE OF COMPETITIVE BIDDING. —Section 309 of the Communications Act of 1934 (47 U.S.C. 309) is amended by adding at the end the following new subsection: