text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Spectrum Relocation Improvement Act 
  of 2008''.
  
  SEC. 2. RIGHTS AND RESPONSIBILITIES OF FEDERAL ENTITIES IN THE SPECTRUM 
                RELOCATION PROCESS.
  
      (a) Eligible Federal Entities.--Section 113(g)(1) of the National 
  Telecommunications and Information Administration Organization Act (47 
  U.S.C. 923(g)(1)) is amended to read as follows:
              ``(1) Eligible federal entities.--Any Federal entity, as 
          defined in subsection (i), that operates a Federal Government 
          station assigned to a band of eligible frequencies, as 
          described in paragraph (2), and that incurs relocation 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 if the Federal entity is found by the 
          Office of Management and Budget (`OMB') to comply with the 
          requirements of this section and section 118. For purposes of 
          this paragraph, Federal power agencies exempted under 
          subsection (c)(4) that choose to relocate from the frequencies 
          identified for reallocation pursuant to subsection (a) are 
          eligible to receive payment under this paragraph.''.
      (b) Public Information on Relocation Process.--Section 113(g) of 
  such Act (47 U.S.C. 923(g)) is amended by redesignating paragraph (6) 
  as paragraph (7) and by inserting after paragraph (5) the following new 
  paragraph:
              ``(6) Public notice of relocation plans.--
                      ``(A) Not later than 60 days after the date on 
                  which the NTIA, on behalf of eligible Federal entities 
                  and after review by OMB, notifies the Commission of 
                  estimated relocation costs and timelines for such 
                  relocation as required by subsection (g)(4)(A), NTIA 
                  shall post on its website detailed transition plans 
                  from each of the eligible Federal entities. Each 
                  Federal entity's transition plan shall provide the 
                  public with the following information about its 
                  spectrum relocation requirements:
                              ``(i) Current use of the spectrum.
                              ``(ii) Geographic location of the Federal 
                          entities' facilities or systems.
                              ``(iii) Frequency bands used by such 
                          facilities or systems, described by geographic 
                          location.
                              ``(iv) The steps to be taken by the Federal 
                          entity to relocate its current spectrum uses 
                          from the eligible frequencies, detailed 
                          according to timelines for specific geographic 
                          locations in sufficient detail to indicate when 
                          use of such frequencies at specific locations 
                          will be shared between the Federal entity and 
                          the commercial licensee.
                              ``(v) The specific interactions between 
                          eligible Federal entities and NTIA needed to 
                          implement the transition plan.
                              ``(vi) The professional staff, including 
                          managers, who are responsible for the Federal 
                          entity's relocation efforts and who are 
                          authorized to meet and negotiate with 
                          commercial licensees regarding the relocation 
                          process.
                              ``(vii) The Federal entity's plans and 
                          timeline for using relocation funds received 
                          from the Spectrum Relocation Fund.
                              ``(viii) The Federal entity's plans and 
                          timeline for procuring new equipment and 
                          additional personnel needed for the relocation.
                              ``(ix) The Federal entity's plans and 
                          timeline for field-testing and deploying new 
                          equipment needed in the relocation.
                              ``(x) The Federal entity's plans and 
                          timeline for hiring and relying on contract 
                          personnel, if any.
                              ``(xi) Risk factors in the relocation 
                          process that could affect the Federal entity's 
                          fulfillment of its transition plan.
                      ``(B) To be eligible to receive payment for 
                  relocation costs from the Spectrum Relocation Fund--
                              ``(i) Federal entities shall make the 
                          transition plans described in this subsection 
                          available to NTIA at least 60 days prior to the 
                          date that NTIA must make such plans publicly 
                          available on its website pursuant to 
                          subparagraph (A), in a common format to be 
                          specified by NTIA after public input; and
                              ``(ii) each transition plan shall be 
                          evaluated by a standing 3-member technical 
                          panel (in this section referred to as the 
                          `Technical Panel'), which shall report to NTIA 
                          and to the Federal entity, within 30 days after 
                          the plan's submission to NTIA, on the 
                          sufficiency of the plan under this paragraph, 
                          including whether the required public 
                          information is included and whether proposed 
                          timelines and estimated relocation costs are 
                          reasonable.
                      ``(C) The Director of OMB, the Administrator of 
                  NTIA, and the Chairman of the FCC shall each appoint 
                  one member to the Technical Panel, and each such member 
                  shall be a radio engineer or technical expert not 
                  employed by, or a paid consultant to, any Federal or 
                  State governmental agency. NTIA shall adopt regulations 
                  to govern the workings of the Technical Panel after 
                  public notice and comment, subject to OMB approval, and 
                  the members of the Technical Panel shall be appointed, 
                  within 180 days of the date of enactment of the 
                  Spectrum Relocation Improvement Act of 2008.
                      ``(D) If any of the information otherwise required 
                  in subparagraph (g)(6) is `classified information,' as 
                  that term is defined in section 798(b) of title 18, 
                  United States Code, the Federal entity's transition 
                  plan shall explain the exclusion of any such 
                  information as specifically as possible, shall make all 
                  relevant non-classified information available in its 
                  transition plan, and shall discuss as a risk factor the 
                  extent of the classified information and the effect on 
                  the relocation process of the classified 
                  information.''.
      (c) Sharing and Coordination of Spectrum Between Commercial 
  Licensees and Federal Entities During Relocation Transition.--Section 
  118 of such Act (47 U.S.C. 928) is amended by adding at the end the 
  following new subsections:
      ``(f) Eligibility for Payment of Relocation Costs.--
              ``(1) Spectrum sharing.--To be eligible to receive payment 
          for relocation costs from the Spectrum Relocation Fund, a 
          Federal entity must--
                      ``(A) in its transition plan for relocating its 
                  current spectrum uses, provide, to the fullest extent 
                  possible, for sharing and coordination of eligible 
                  frequencies with commercial licensees, including 
                  reasonable accommodation by the Federal entity for the 
                  use of eligible frequencies by the commercial licensee 
                  during the period that the Federal entity is relocating 
                  its spectrum uses (in this subsection referred to as 
                  the `transition period');
                      ``(B) during the transition period, make itself 
                  available, within 30 days after a written request, for 
                  negotiation and discussion with commercial licensees; 
                  and
                      ``(C) during the transition period, make available 
                  to a commercial licensee with appropriate security 
                  clearances any `classified information' as that term is 
                  defined in section 798(b) of title 18, United States 
                  Code, regarding the relocation process, on a need-to-
                  know basis, to assist the commercial licensee in the 
                  relocation process with that Federal entity or other 
                  Federal entities.
              ``(2) Timely and successful completion of relocation.--In 
          addition to the conditions of paragraph (1), to be eligible to 
          receive payment for relocation costs from the Spectrum 
          Relocation Fund, a Federal entity must--
                      ``(A) complete the relocation of its current 
                  spectrum uses not later than 1 year after the date upon 
                  which funds are transferred to the entity to fund the 
                  relocation unless, prior to the date that NTIA is 
                  required to post publicly the Federal entity's 
                  transition plan, the Federal entity receives written 
                  approval from OMB, with advice of NTIA, for a different 
                  time period for completion; and
                      ``(B) make available to NTIA, not later than 15 
                  days prior to the date that is the halfway point of the 
                  time period described in subparagraph (A), a complete 
                  update of its transition plan. NTIA shall post such 
                  update publicly on its website not later than the date 
                  that is the halfway point of the time period described 
                  in subparagraph (A).
              ``(3) Nothing in paragraphs (1) or (2) shall be construed 
          to adversely affect critical communications related to the 
          mission of any Federal entity.
              ``(4) Subject to subsection (d), payments for relocation 
          costs from the Spectrum Relocation Fund shall be made to an 
          eligible Federal entity not later than 30 days after the grant 
          of the first license following the close of the auction.
      ``(g) Dispute Resolution Process.--
              ``(1) If, during the spectrum relocation process, a dispute 
          arises over the execution, timing, or cost of the Federal 
          entity's transition plan, either the Federal entity or the 
          affected commercial licensee may seek resolution of the dispute 
          from a 3-member dispute resolution board, consisting of a 
          representative of OMB, NTIA, and the Commission, and chaired by 
          the representative of OMB.
              ``(2) The dispute resolution board shall meet with 
          representatives of the Federal entity and the commercial 
          licensee together to discuss the dispute. The dispute 
          resolution board may require the parties to make written 
          submissions to it. The dispute resolution board shall rule on 
          any dispute within 28 days after the date that the dispute was 
          brought before it.
              ``(3) The dispute resolution board shall be assisted by the 
          Technical Panel described in section 113(g)(6)(C).
              ``(4) Subject to OMB approval, NTIA shall adopt regulations 
          to govern the working of the dispute resolution board and the 
          role of the Technical Panel after public notice and comment 
          within 180 days after the date of enactment of the Spectrum 
          Relocation Improvement Act of 2008.
              ``(5) Appeals may be taken from decisions of the dispute 
          resolution board to the United States Court of Appeals for the 
          District of Columbia Circuit by filing a notice of appeal with 
          that court within 30 days after the date of such decision. Each 
          party shall bear its own costs and expenses, including 
          attorneys' fees, for any litigation to enforce this subsection 
          or any decision rendered under it.''.
target: Spectrum Relocation Improvement Act of 2008 - Amends the National Telecommunications and Information Administration Organization Act to require the National Telecommunications and Information Administration (NTIA) to post on its website detailed transition plans from each federal entity that is eligible for payments from the Spectrum Relocation Fund for costs related to the reallocation of frequencies from federal to nonfederal use. Requires the federal entities, to the fullest extent possible, to provide for sharing and coordination of eligible frequencies with commercial licensees. Requires federal entities to complete spectrum relocation within one year of receiving relocation payments.
feat_title: To amend the National Telecommunications and Information Administration Organization Act to improve the process of reallocation of spectrum from Federal government uses to commercial uses.