; and (B) 100 megahertz shall be made available on an exclusive, licensed basis for commercial mobile use, pursuant to the Commission's authority to implement such licensing in a flexible manner, and subject to potential continued use of such spectrum by incumbent Federal entities in designated geographic areas indefinitely or for such length of time as is necessary for those incumbent entities to be relocated to other spectrum. (3) Non-eligible spectrum For purposes of satisfying the requirement under paragraph (1), the following spectrum shall not be counted: (A) The frequencies between 1695 and 1710 megahertz. (B) The frequencies between 1755 and 1780 megahertz. (C) The frequencies between 2155 and 2180 megahertz. (D) The frequencies between 3550 and 3700 megahertz. (E) Spectrum that the Commission determines had more than de minimis mobile or fixed wireless broadband operations within the band on the day before the date of enactment of this Act. (4) Relocation prioritized over sharing This section shall be carried out in accordance with section 113(j) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(j) ). (5) Considerations In making spectrum available under this section, the Secretary and Commission shall consider— (A) the need to preserve critical existing and planned Federal Government capabilities; (B) the impact on existing State, local, and tribal government capabilities; (C) the international implications; (D) the need for appropriate enforcement mechanisms and authorities; and (E) the importance of the deployment of wireless broadband services in rural areas of the United States. (b) Rules of construction Nothing in this section shall be construed— (1) to impair or otherwise affect the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals