107 STAT. 382 PUBLIC LAW 103-66—AUG. 10, 1993 "(3) ANALYSIS OF BENEFITS. — In determining whether a band of frequencies meets the criteria specified in subsection (a)(5), the Secretary shall consider— "(A) the extent to which equipment is or will be available that is capable of utilizing the band; "(B) the proximity of frequencies that are already assigned for commercial or other non-Federal use; "(C) the extent to which, in general, commercial users could share the frequency with amateur radio licensees; and "(D) the activities of foreign governments in making frequencies available for experimentation or commercicd assignments in order to support their domestic manufacturers of equipment.
- '(4) POWER AGENCY FREQUENCIES. —
"(A) APPLICABILITY OF CRITERIA.— The criteria specified by subsection (a) shall be deemed not to be met for any purpose under this part with regard to any frequency assignment to, or any frequency assignment used by, a Federal power agency for the purpose of withdrawing that assignment. " (B) MIXED USE ELIGIBILITY.— The frequencies assigned to any Federal power agency may only be eligible for mixed use under subsection (b)(2) in geographically separate areas, but in those cases where a frequency is to be shared by an affected Federal power agency and a non-Federal user, such use by the non-Federal user shall not cause harmful interference to the afTected Federal power agency or adversely affect the reliability of its power system. "(C) DEFINITION.— As used in this paragraph, the term Tederal power agenc/ means the Tennessee Valley Authority, the Bonneville Power Administration, the Western Area Power Administration, the Southwestern Power Administration, the Southeastern Power Administration, or the " Alaska Power Administration. "(5) LIMITATION ON REALLOCATION. —None of the frequencies recommended for reallocation in the reports required by this subsection shall have been recommended, prior to the date of enactment of the Omnibus Budget Reconciliation Act of 1993, for reallocation to non-Federal use by international agreement. "(d) PROCEDURE FOR IDENTIFICATION OF REALLOCABLE BANDS OF FREQUENCIES. — PH.biic "(1) SUBMISSION OF PRELIMINARY IDENTIFICATION TO CON- iL°^!^f GRESS. —Within 6 months after the date of the enactment of the Omnibus Budget Reconciliation Act of 1993, the Secretary shall prepare, make publicly available, and submit to the President, the Congress, and the Commission a report which makes a preliminary identification of reallocable bands of frequencies which meet the criteria established by this section. "(2) PUBLIC COMMENT.— The Secretary shall provide interested persons with the opportunity to submit, within 90 days after the date of its publication, written comment on the preliminary report required by paragraph (1). The Secretary shall immediately transmit a copy of any such comment to the Commission. Reports.
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