[Code of Federal Regulations]
[Title 47, Volume 5]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR301.110]

[Page 806-807]
 
                       TITLE 47--TELECOMMUNICATION
 
                         DEPARTMENT OF COMMERCE
 
PART 301_MANDATORY REIMBURSEMENT FOR FREQUENCY BAND OR GEOGRAPHIC RELOCATION 
OF SPECTRUM-DEPENDENT SYSTEMS--Table of Contents
 
   Subpart B_Procedure for Reimbursement for Relocations and Dispute 
                               Resolution
 
Sec.  301.110  Notification of marginal costs.

    (a) NTIA shall provide the Federal entity's estimated marginal cost 
information to the FCC at least 180 days prior to the date on which the 
FCC schedules an auction to commence. Marginal costs, as defined in 
Sec.  301.20(l), are the costs that will be incurred by a Federal entity 
to achieve comparable capability of systems relocated to a new frequency 
assignment or band or otherwise modified. Any Federal entity that 
proposes to relocate, modify or retune shall notify NTIA at least 240 
days before the auction of the marginal costs anticipated to be 
associated with relocation or with modifications necessary to 
accommodate prospective licensees. The information provided to NTIA must 
also include the name and telephone number of a person within the 
Federal entity that can be contacted by the auction winner or licensee.
    (b) Unclassified assignments. NTIA will provide the following 
information to the FCC prior to the date on which the FCC scheduled the 
auction to commence with respect to unclassified Government facilities:
    (1) List of Government facilities.
    (2) Government agency operating each facility.
    (3) Location of each facility.

[[Page 807]]

    (4) General type of operation and equipment.
    (5) Whether the facility can be retuned, modified, or must be 
relocated.
    (6) Estimated marginal cost of retuning, modification, or 
relocation.
    (7) Total estimated costs for all assignments.
    (c) Classified assignments. Prior to the date on which the FCC has 
scheduled an auction to commence, Federal entities located on the 
spectrum to be auctioned will provide a single, consolidated and 
unclassified figure to NTIA for the cost of relocating, retuning, or 
modifying all such classified systems. NTIA will provide this 
information to the FCC which in turn will provide the figure to bidders 
with the following conditions: To the extent it is consistent with 
national security considerations, the figure may be broken down by 
geographical location and spectrum block to give those bidding on a 
geographic basis the best indication possible of the cost they may have 
to pay to relocate, retune or modify the systems at issue. Following the 
auction, the winner may apply for a facility clearance pursuant to the 
National Industrial Security Program Operating Manual and related 
individual security clearances. If those clearances and accesses are 
granted, classified information may be made available with regard to 
certain Government systems in accordance with the terms and conditions 
prescribed in the clearances and accesses provided, and subject to the 
overall rules and authorities found in Executive Order 12958, Executive 
Order 12968, and related Federal laws, rules and regulations.
    (d) Sensitive assignments. Prior to the date on which the FCC has 
scheduled an auction to commence, Federal entities will provide a 
single, consolidated and unclassified figure to NTIA for the cost of 
relocating, retuning, or modifying all such sensitive systems. NTIA will 
provide this information to the FCC which in turn will provide the 
figure to bidders with the following conditions: To the extent it is 
consistent with the sensitive nature of the assignment, the figure may 
be broken down by geographical location and spectrum block to give those 
bidding on a geographic basis the best indication possible of the cost 
they may have to pay to relocate, retune or modify the systems at issue. 
Following the auction, the Government agency shall release the sensitive 
information to the winning licensee pursuant to a non-disclosure 
agreement, if required.