PUBLIC LAW 103-66 —AUG. 10, 1993 107 STAT. 381 spectrum required by paragraph (1) of this subsection, except that^ (A) the bands of frequencies counted under this paragraph may not count toward more than one-half of the minimums required by paragraph (1) of this subsection; "(B) a band of frequencies may not be counted under this paragraph unless uie assignments of the band to Federal Government stations under section 305 of the 1934 Act (47 U.S.C. 305) are limited by geographic area, by time, or by other means so as to guarantee that the potential use to be made by such Federal Government stations is substantially less (as measured by geographic area, time, or otherwise) than the potential use to be made by non- Federal stations; and (C) the operational sharing permitted luder this paragraph shall be subject to the interference regulations prescribed by the Commission pursuant to section 305(a) of the 1934 Act and to coordination procedures that the Conunission and the Secretary shall jointly establish and implement to ensure against harmful interference. "(c) CRITERIA FOR IDENTIFICATION.— "(1) NEEDS OF THE FEDERAL GOVERNMENT. —In determining whether a band of frequencies meets the criteria specified in subsection (a)(2), the Secretary shall— "(A) consider whether the band of frequencies is used to provide a communications service that is or could be available from a commercial provider or other vendor; "(B) seek to promote— "(i) the maximum practicable reliance on commercially available substitutes; "(ii) the sharing of frequencies (as permitted under subsection (b)(2)); "(iii) the development and use of new commimications technologies; and "(iv) the use of nonradiating communications systems where practicable; and "(C) seek to avoid— "(i) serious degradation of Federal (]rovernment services and operations; "(ii) excessive costs to the Federal Government and users of Federal Government services; and "(iii) excessive disruption of existing use of Federal Government frequencies by amateur radio licensees. "(2) FEASIBILITY OF USE. —In determining whether a frequency band meets the criteria specified in subsection (a)(3), the Secretary shall— "(A) assume that the frequency will be assigned by the Commission under section 303 of the 1934 Act (47 U.S.C. 303) within 15 years; "(B) assimie reasonable rates of scientific progress and growth of demand for telecommimications services; "(C) seek to include frequencies which can be used to stimiilate the development of new technologies; and "(D) consider the immediate and recurring costs to reestablish services displaced by the reallocation of spectrum.
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