118 STAT. 3991 PUBLIC LAW 108–494—DEC. 23, 2004 (7) actions the Commission has taken to reduce the amount of time a waiver request remains pending; and (8) the technologies that are the most effective in the deployment of phase II E–911 services by such tier III pro- viders. SEC. 107. FCC REQUIREMENTS FOR CERTAIN TIER III CARRIERS. (a) IN GENERAL.—The Federal Communications Commission shall act on any petition filed by a qualified Tier III carrier requesting a waiver of compliance with the requirements of section 20.18(g)(1)(v) of the Commission’s rules (47 C.F.R. 20.18(g)(1)(v)) within 100 days after the Commission receives the petition. The Commission shall grant the waiver of compliance with the require- ments of section 20.18(g)(1)(v) of the Commission’s rules (47 C.F.R. 20.18(g)(1)(v)) requested by the petition if it determines that strict enforcement of the requirements of that section would result in consumers having decreased access to emergency services. (b) QUALIFIED TIER III CARRIER DEFINED.—In this section, the term ‘‘qualified Tier III carrier’’ means a provider of commercial mobile service (as defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)) that had 500,000 or fewer subscribers as of December 31, 2001. TITLE II—SPECTRUM RELOCATION SEC. 201. SHORT TITLE. This title may be cited as the ‘‘Commercial Spectrum Enhance- ment Act’’. SEC. 202. RELOCATION OF ELIGIBLE FEDERAL ENTITIES FOR THE RE- ALLOCATION OF SPECTRUM FOR COMMERCIAL PUR- POSES. Section 113(g) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)) is amended by striking paragraphs (1) through (3) and inserting the following: ‘‘(1) ELIGIBLE FEDERAL ENTITIES.—Any Federal entity that operates a Federal Government station assigned to a band of frequencies specified in paragraph (2) and that incurs reloca- tion costs because of the reallocation of frequencies from Federal use to non-Federal use shall receive payment for such costs from the Spectrum Relocation Fund, in accordance with section 118 of this Act. For purposes of this paragraph, Federal power agencies exempted under subsection (c)(4) that choose to relocate from the frequencies identified for reallocation pursu- ant to subsection (a), are eligible to receive payment under this paragraph. ‘‘(2) ELIGIBLE FREQUENCIES.—The bands of eligible fre- quencies for purposes of this section are as follows: ‘‘(A) the 216–220 megahertz band, the 1432–1435 megahertz band, the 1710–1755 megahertz band, and the 2385–2390 megahertz band of frequencies; and ‘‘(B) any other band of frequencies reallocated from Federal use to non-Federal use after January 1, 2003, that is assigned by competitive bidding pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), except for bands of frequencies previously identified by 47 USC 901 note. Commercial Spectrum Enhancement Act. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00525 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
�
