§ 301.115   Spectrum Pipeline Plans.

   (a) Submission of Spectrum Pipeline Plan. A Federal Entity that
   requests payment from OMB as provided in section 118(g) of the NTIA
   Organization Act (47 U.S.C. 928(g)) must submit a plan to the Technical
   Panel for approval.

   (b) Contents of Spectrum Pipeline Plan. A Spectrum Pipeline Plan
   submitted in accordance with this section must describe activities for
   research and development, engineering studies, economic analyses,
   activities with respect to systems, or other planning activities
   intended to improve the efficiency and effectiveness of the spectrum
   use of Federal Entities in order to make available frequencies for
   reallocation for non-Federal use or shared Federal and non-Federal use,
   or a combination thereof, for auction in accordance with such
   reallocation. Activities with respect to systems that improve the
   efficiency or effectiveness of the spectrum use of Federal Entities
   shall include:

   (1) Systems that have increased functionality or that increase the
   ability of a Federal Entity to accommodate spectrum sharing with
   non-Federal entities;

   (2) Systems that consolidate functions or services that have been
   provided using separate systems; or

   (3) Non-spectrum technology or systems.

   (c) Review by Technical Panel—(1) Deadline for approval. Not later than
   120 days after a Spectrum Pipeline Plan has been submitted to the
   Technical Panel in accordance with this section, the Technical Panel
   shall approve or disapprove such plan.

   (2) Criteria for Review. As part of its review, the Technical Panel
   shall consider whether:

   (i) The activities that the Federal Entity will conduct with the
   payment will:

   (A) Increase the probability of relocation from or sharing of Federal
   spectrum;

   (B) Facilitate an auction intended to occur not later than 8 years
   after the payment; and

   (C) Increase the net expected auction proceeds in an amount not less
   than the time value of the amount of the payment.

   (ii) The transfer will leave sufficient amounts in the Spectrum
   Relocation Fund for the other purposes of such fund.

   [ 81 FR 3338 , Jan. 21, 2016]

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