[Senate Report 108-161]
[From the U.S. Government Publishing Office]
Calendar No. 304
108th Congress Report
SENATE
1st Session 108-161
_______________________________________________________________________
Calendar No. 304
THE NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
REAUTHORIZATION ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. H.R. deg.1478
DATE deg.October 2, 2003.--Ordered to be printed
?
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eighth congress
first session
JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana DANIEL K. INOUYE, Hawaii
TRENT LOTT, Mississippi JOHN D. ROCKEFELLER IV, West
KAY BAILEY HUTCHISON, Texas Virginia
OLYMPIA J. SNOWE, Maine JOHN F. KERRY, Massachusetts
SAM BROWNBACK, Kansas JOHN B. BREAUX, Louisiana
GORDON SMITH, Oregon BYRON L. DORGAN, North Dakota
PETER G. FITZGERALD, Illinois RON WYDEN, Oregon
JOHN ENSIGN, Nevada BARBARA BOXER, California
GEORGE ALLEN, Virginia BILL NELSON, Florida
JOHN E. SUNUNU, New Hampshire MARIA CANTWELL, Washington
FRANK LAUTENBERG, New Jersey
Jeanne Bumpus, Staff Director and General Counsel
Ann Begeman, Deputy Staff Director
Robert W. Chamberlin, Chief Counsel
Kevin D. Kayes, Democratic Staff Director and Chief Counsel
Gregg Elias, Democratic General Counsel
(ii)
Calendar No. 304
108th Congress Report
SENATE
1st Session 108-161
======================================================================
AUTHORIZATION OF NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
_______
October 2, 2003.--Ordered to be printed
_______
Mr. McCain, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1478]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1478) to reauthorize the
National Telecommunications and Information Administration, and
for other purposes, having considered the same, reports
favorably thereon without amendment with
amendments deg. with an amendment (in the nature of a
substitute) deg. and recommends that the bill joint
resolution deg. (as amended) deg. do pass.
Purpose of the Bill
The purpose of S. 1478 is to authorize the National
Telecommunications and Information Administration (NTIA) for
fiscal years (FY) 2004 through 2008. The NTIA has been
unauthorized since fiscal year 1993.
Background and Needs
The NTIA, created in 1978 as a result of a major Executive
Branch reorganization, is an agency of the U.S. Department of
Commerce. The Administrator of NTIA, who is also the Assistant
Secretary of Commerce, serves as the President's principal
adviser on telecommunications policies pertaining to the
nation's economic and technological advancement and to
regulation of the telecommunications industry. The NTIA works
to develop and present the Administration's position on both
domestic and international telecommunications issues, and
frequently provides guidance to other Executive Branch agencies
on these issues. Among its responsibilities, the NTIA
establishes policies concerning the Federal government's use of
electromagnetic spectrum, including assignment, allocation, and
use, and administers grants to encourage the growth and
development of telecommunications and information technologies.
Legislative History
On July 28, 2003, Senators McCain and Hollings introduced S.
1478, a bill to reauthorize the NTIA and its programs, and for
other purposes. On July 31, 2003, the Senate Committee on
Commerce, Science, and Transportation held an executive session
at which S. 1478 was considered. The bill was ordered to be
reported by voice vote.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 15, 2003.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation, U.S.
Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1478, a bill to
reauthorize the National Telecommunications and Information
Administration, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Melissa
Zimmerman.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
S. 1478--A bill to reauthorize the National Telecommunications and
Information Administration, and for other purposes
Summary: S. 1478 would authorize the appropriation of $184
million for the National Telecommunications and Information
Administration (NTIA) for the 2004-2008 period. This amount
includes about $100 million for NTIA salaries and expenses and
$84 million for grants under the NTIA Technology Opportunities
Program but does not include an authorization for grants for
public telecommunication projects (which received $44 million
for 2003).
Assuming appropriation of the specified amounts, CBO
estimates that implementing S. 1478 would cost $16 million in
2004 and $144 million over the 2004-2008 period. Enacting this
bill would not affect direct spending or revenues.
S. 1478 contains no intergovernmental or private-section
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would provide benefits to state, local, and tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1478 is shown in the following table.
For this estimate, CBO assumes that the amounts authorized will
be appropriated each year and that outlays will follow
historical trends for these programs. The costs of this
legislation fall within budget functions 370 (commerce and
housing credit) and 500 (education, training, employment, and
social services).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------
2003 2004 2005 2006 2007 2008
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
NTIA Spending Under Current Law:
Budget Authority 1.......................................... 75 0 0 0 0 0
Estimated Outlays........................................... 101 73 32 12 0 0
Proposed Changes:
Authorization Level......................................... 0 35 35 37 38 39
Estimated Outlays........................................... 0 16 22 32 37 37
Spending Under S. 1478
Authorization Level 1....................................... 75 35 35 37 38 39
Estimated Outlays........................................... 101 89 54 44 37 37
----------------------------------------------------------------------------------------------------------------
1 The 2003 level is the amount appropriated for that year.
Intergovernmental and private-sector impact: S. 1478
contains no intergovernmental or private-sector mandates as
defined in UMRA and would provide benefits to state, local, and
tribal governments. The bill would benefit state, local, and
tribal governments by authorizing a total of $84 million in
matching grants for the Technology Opportunities Program over
the period 2004-2008.
Estimate prepared by: Federal Costs: Melissa E. Zimmerman;
Impact on State, Local, and Tribal Governments: Sarah Puro; and
Impact on the Private Sector: Jean Talarico.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
S. 1478 would reauthorize the NTIA for FY 2004 through FY
2008 and authorize funding for the NTIA to provide grants as
part of the Technology Opportunities Program (TOP). The TOP has
never been authorized, but has been operated through
appropriations bills since 1994. The number of persons covered
by this legislation should be consistent with current levels of
individuals affected.
ECONOMIC IMPACT
S. 1478 would authorize funds for the NTIA's programs. These
programs are intended to spur innovation, encourage
competition, help create jobs, and provide consumers with more
choices and better quality telecommunications products and
services. This legislation is expected to have a positive
effect on the nation's economy.
PRIVACY
S. 1478 is not expected to have an adverse effect on the
personal privacy of any individuals that will be impacted by
this legislation.
PAPERWORK
There should be no change in paperwork requirements resulting
from passage of S. 1478.
Section-by-Section Analysis
Section 1. Reauthorization of NTIA
This section would authorize funding for the NTIA for Fiscal
Years 2004 through 2008. The President's FY 2004 budget
requests $18,869,000 for the NTIA. For FY 2005 through 2008,
the bill would authorize funding for the NTIA at 3 percent
increases annually.
This section also would authorize funding for the NTIA to
provide grants as part of the TOP. The TOP has never been
authorized. Instead, it has operated through appropriations
bills since 1994. Through the program, the NTIA provides
matching grants to State and local governments and non-profit
organizations to demonstrate advanced and innovative
applications of telecommunications and information technology.
As described on the NTIA's web site, the TOP is ``a merit-based
grant program that brings the benefits of digital network
technologies to communities throughout the United States.'' In
2002, the NTIA awarded $12.4 million to 25 grantees, selected
from 700 applicants. Awards were granted based on the ability
of the applicant to serve as a model for similar organizations
across the United States. The Administration has requested no
funding for the TOP for FY 2004.
Section 2. Payment for spectrum management functions
This section would permit the NTIA to charge fees to other
Federal agencies to cover its costs of managing Federal
spectrum and making spectrum assignments. Historically, this
authority has been granted to the NTIA in appropriations bills.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION ORGANIZATION
ACT
[47 U.S.C. 901 et seq.]
SEC. 104. SPECTRUM MANAGEMENT ACTIVITIES.
[47 U.S.C. 903]
(a) Revision of Regulations.--Within 180 days after the date
of the enactment of this Act, the Secretary of Commerce and the
NTIA shall amend the Department of Commerce spectrum management
document entitled ``Manual of Regulations and Procedures for
Federal Radio Frequency Management'' to improve Federal
spectrum management activities and shall publish in the Federal
Register any changes in the regulations in such document.
(b) Requirements for Revisions.--The amendments required by
subsection (a) shall--
(1) provide for a period at the beginning of each
meeting of the Interdepartmental Radio Advisory
Committee to be open to the public to make
presentations and receive advice, and provide the
public with other meaningful opportunities to make
presentations and receive advice;
(2) include provisions that will require--
(A) publication in the Federal Register of
major policy proposals that are not classified
and that involve spectrum management, and
(B) adequate opportunity for public review
and comment on those proposals;
(3) include provisions that will require publication
in the Federal Register of major policy decisions that
are not classified and that involve spectrum
management;
(4) include provisions that will require that
nonclassified spectrum management information be made
available to the public, including access to electronic
databases; and
(5) establish procedures that provide for the prompt
and impartial consideration of requests for access to
Government spectrum by the public, which procedures
shall include provisions that will require the
disclosure of the status and ultimate disposition of
any such request.
(c) Certification to Congress.--Not later than 180 days after
the date of enactment of this Act, the Secretary of Commerce
shall certify to Congress that the Secretary has complied with
this section.
(d) Radio Services.--
(1) Assignments for radio services.--In assigning
frequencies for mobile radio services and other radio
services, the Secretary of Commerce shall promote
efficient and cost-effective use of the spectrum to the
maximum extent feasible.
(2) Authority to withhold assignments.--The Secretary
of Commerce shall have the authority to withhold or
refuse to assign frequencies for mobile radio service
or other radio service in order to further the goal of
making efficient and cost-effective use of the
spectrum.
(3) Spectrum plan.--By October 1, 1993, the Secretary
of Commerce shall adopt and commence implementation of
a plan for Federal agencies with existing mobile radio
systems to use more spectrum-efficient technologies
that are at least as spectrum-efficient and cost-
effective as readily available commercial mobile radio
systems. The plan shall include a time schedule for
implementation.
(4) Report to congress.--By October 1, 1993, the
Secretary of Commerce 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 summarizing the plan adopted
under paragraph (3), including the implementation
schedule for the plan.
(e) Proof of Compliance With FCC Licensing Requirements.--
(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 after such date of
enactment, to utilize a radio station belonging
to the United States 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.
(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 requirements of subparagraphs (A) and
(B) of such paragraph are being enforced.
(f) Reimbursement From Federal Agencies.--
(1) Fees for costs.--Notwithstanding section 1535(d)
of title 31, United States Code, the NTIA shall assess
against, and collect from, each Federal agency for
which the NTIA assigns spectrum or provides any
spectrum management functions a charge to cover the
costs thereof.
(2) Assignment and management function charges.--The
NTIA may not assign any spectrum for use for, or
provide any spectrum management functions with respect
to, any Federal agency, except to the extent that the
NTIA obtains reimbursement for the costs thereof.
* * * * * * *
[SEC. 151. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATION.
[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. 151. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATION.
(a) In General.--There are authorized to be appropriated for
the administration of the NTIA--
(1) $18,869,000 for fiscal year 2004;
(2) $19,435,000 for fiscal year 2005;
(3) $20,018,000 for fiscal year 2006;
(4) $20,619,000 for fiscal year 2007; and
(5) $21,237,000 for fiscal year 2008.
(b) TOP Program.--There are authorized to be appropriated to
the NTIA for grants under the NTIA Technology Opportunities
Program (described in the NTIA notice of availability of funds
published on March 17, 2003, in the Federal Register (68 Fed.
Reg. 12678)), including administrative costs--
(1) $15,862,000 for fiscal year 2004;
(2) $16,338,000 for fiscal year 2005;
(3) $16,828,000 for fiscal year 2006;
(4) $17,333,000 for fiscal year 2007; and
(5) $17,852,000 for fiscal year 2008.