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PUBLIC LAW 103-66—AUG. 10, 1993 107 STAT. 391 appropriated to the Commission for fiscal years 1994 through 1998 for the purpose of assigning licenses using random selection under subsection (i) shall be used by the Commission to implement this subsection. "(9) USE OF FORMER GOVERNMENT SPECTRUM.—The Commission shall, not later than 5 years after the date of enactment of this subsection, issue licenses and permits pursu- ant to this subsection for the use of bands of frequencies that— "(A) in the aggregate span not less than 10 megahertz; and "(B) have been reassigned from Government use pursu- ant to part B of the National Telecommunications and Information Administration Organization Act. "(10) AUTHORITY CONTINGENT ON AVAILABILITY OF ADDI- TIONAL SPECTRUM.— "(A) INITIAL CONDITIONS.—The Commission's authority to issue licenses or permits under this subsection shall not take effect unless— "(i) the Secretary of Commerce has submitted to the Commission the report required by section 113(dXl) of the National Telecommunications and Information Administration Organization Act; "(ii) such report recommends for immediate reallocation bands of frequencies that, in the aggregate, sp£ui not less than 50 megahertz; ''(iii) such bands of frequencies meet the criteria required by section 113(a) of such Act; and "(iv) the Commission has completed the rule- making required by section 332(cXlXD) of this Act. **(B) SUBSEQUENT CONDITIONS.—The Commission's authority to issue licenses or permits under this subsection on and after 2 years after Uie date of the enactment of this subsection shall cease to be effective if— **(i) the Secretary of Commerce has failed to submit the report required by section 113(a) of the National Telecommunications and Information Administration Organization Act; "(ii) the President has failed to withdraw and limit assignments of frequencies as required by paragraphs (1) and (2) of section 114(a) of such Act; "(iii) the Commission has failed to issue the regula- tions required by section 115(a) of such Act; "(iv) the Commission has failed to complete and submit to Congress, not later than 18 months after the date of enactment of this subsection, a study of current and future spectrum needs of State and local government public safety agencies through the year 2010, and a specific plan to ensure that adequate fre- quencies are made available to public safety licensees; or "(v) the Commission has failed under section 332(cX3) to grant or deny within the time required by such section any petition that a State has filed within 90 days after the date of enactment of this subsection; imtil such failure has been corrected. 69-194 O - 94 - 14 : QL. 3 Part 1