157. We also seek comment on whether to use a different approach to bidding credits. To the extent commenters support a different approach to bidding credits than those discussed here, they should support their proposals with relevant information, including costs and benefits of their alternative proposals on the types of system architecture that are likely to be deployed in these bands, the availability of equipment, market conditions, and other factors that may affect the capital requirements of the types of services that may be provided.
158. Finally, we note that under our part 1 rules, a winning bidder for a market will be eligible to receive a bidding credit for serving a qualifying tribal land within that market, provided that it complies with the applicable competitive bidding rules. The Commission currently has under consideration various provisions and policies intended to promote greater use of spectrum over tribal lands. We propose to extend any rules and policies adopted in that proceeding to any licenses in the 1695-1710 MHz, 1755-1780 MHz, 2020-2025 MHz, and 2155-2180 MHz bands that may be assigned through competitive bidding. We seek comment on this proposal.
159. Commercial Spectrum Enhancement Act Requirements. As noted above, the CSEA established the SRF to reimburse Federal agencies operating on certain frequencies that have been reallocated from Federal to non-Federal use for the cost of relocating their operations. The SRF is funded from cash proceeds attributable to "eligible frequencies" in an auction involving such frequencies. CSEA requires NTIA to notify the Commission of estimated relocation costs and timelines for relocation from eligible frequencies by eligible Federal entities at least six months in advance of a scheduled auction of eligible frequencies. CSEA further requires that the total cash proceeds from any auction of "eligible frequencies" must equal at least 110 percent of estimated relocation costs of eligible Federal entities, and prohibits the Commission from concluding any auction of eligible frequencies that falls short of this revenue requirement. We invite comment on the applicability of the 110 percent requirement in the CSEA to the various relocation and sharing scenarios discussed herein. We also note that the proceeds of spectrum required to be auctioned under section 6401 of the Spectrum Act are to be deposited in the
160. Multi-Stage Auction and Licensing Alternatives for 1.7 GHz. We recognize that the Federal/non-Federal sharing scenarios being considered by CSMAC are very complex and workable rules may prove difficult to implement prior to the licensing deadlines imposed by the Spectrum Act. Therefore, we seek comment on alternative licensing constructs that could facilitate ongoing "operator-to-operator" negotiations between licensees in commercial bands (e.g., 2155 MHz) and Federal agencies occupying complementary Federal bands (e.g., 1.7 GHz), should sharing or relocation for exclusive use not be possible.
161. We expect that such approaches would contain a licensing component, which would provide that licensees in the commercial bands are granted an exclusive license for the shared Federal/non-Federal band with all non-Federal operations subject to successful coordination with all Federal operators. They might also contain a mechanism to allow for the conveyance of funds to facilitate commercial access in a manner consistent with applicable laws, including, but not limited to, the CSEA and the Miscellaneous Receipts Act.
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