Spectrum Innovation Act of 2021
This bill specifies a process for auctioning a portion of the electromagnetic spectrum between 3100 megahertz (MHz) and 3540 MHz for nonfederal use, shared federal and nonfederal use, or a combination of those uses. Most wireless technologies (e.g., mobile communication) rely on the electromagnetic spectrum to transmit signals.
Specifically, the Office of Management and Budget must transfer funding from the Spectrum Reallocation Fund to federal entities for planning related to the reallocation. The National Telecommunications and Information Administration (NTIA) and the Executive Office of the President must oversee the planning.
Informed by the planning, the Department of Commerce must identify at least 200 MHz of spectrum for reallocation. In identifying the spectrum, Commerce must consult with the Department of Defense, the Office of National Science and Technology Policy, and the Federal Communications Commission (FCC). The FCC must (1) adopt rules authorizing the use of the identified spectrum in consultation with the NTIA, and (2) auction licenses for the identified spectrum within seven years of the bill's enactment.
Additionally, the President must modify or withdraw (subject to certain limits) current federal assignments of the identified spectrum to increase nonfederal use. The FCC must allow for opportunistic uses (i.e., allow devices to opportunistically identify and transmit on unused spectrum without infringing on the rights of the spectrum license holder) of a withdrawn or modified assignment. An allowed opportunistic use must cease after the auction if the use is inconsistent with the rights of the licensee that obtains its license through the auction.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5378 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5378
To make available additional frequencies in the 3.1-3.45 GHz band for
non-Federal use, shared Federal and non-Federal use, or a combination
thereof, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 27, 2021
Mr. Michael F. Doyle of Pennsylvania (for himself and Ms. Matsui)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To make available additional frequencies in the 3.1-3.45 GHz band for
non-Federal use, shared Federal and non-Federal use, or a combination
thereof, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Spectrum Innovation Act of 2021''.
SEC. 2. SPECTRUM AUCTIONS AND INNOVATION.
(a) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Covered band.--The term ``covered band'' means the band
of frequencies between 3100 megahertz and 3450 megahertz,
inclusive.
(4) Federal entity.--The term ``Federal entity'' has the
meaning given such term in section 113(l) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(l)).
(5) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Energy and Commerce of the
House of Representatives;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on Armed Services of the House of
Representatives; and
(D) the Committee on Armed Services of the Senate.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(b) 3.1-3.45 GHz Band.--
(1) Pipeline funding.--
(A) In general.--Immediately following the approval
under subparagraph (E) of subsection (g)(2) of section
118 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 928) of a
plan submitted under subparagraph (D)(i)(I) of such
subsection by a Federal entity with operations in the
covered band, the Director of the Office of Management
and Budget shall transfer to such Federal entity from
the Spectrum Relocation Fund established under such
section $50,000,000 for such Federal entity to carry
out activities described in subparagraph (A) of such
subsection in order to make available the entire
covered band for non-Federal use, shared Federal and
non-Federal use, or a combination thereof, including by
making available--
(i) frequencies in the covered band for
identification by the Secretary under paragraph
(2)(A); and
(ii) frequencies in the covered band for
identification by the Secretary under paragraph
(2)(B).
(B) Exemption.--Section 118(g)(2)(D)(ii) of the
National Telecommunications and Information
Administration Organization Act (47 U.S.C.
928(g)(2)(D)(ii)) shall not apply with respect to the
payment required under subparagraph (A).
(C) Consideration of common platform.--In carrying
out activities using a payment under subparagraph (A),
any Federal entity receiving such a payment shall
consider facilitating the sharing of spectrum between
Federal and non-Federal users implemented through a
Federal user informing common platform developed by the
Assistant Secretary, in coordination with the
Commission.
(D) Oversight.--The Assistant Secretary and the
Executive Office of the President shall continuously
review and provide oversight of the activities carried
out using a payment under subparagraph (A).
(E) Report to secretary of commerce and congress.--
Not later than 18 months after the date of enactment of
this Act, for the purposes of aiding the Secretary in
making the identification under paragraph (2) and
informed by the activities carried out using a payment
under subparagraph (A), any Federal entity receiving
such a payment, in consultation with the Assistant
Secretary and the Executive Office of the President,
shall submit to the Secretary and the relevant
congressional committees a report that--
(i) contains the findings of the activities
carried out using such payment; and
(ii) recommends--
(I) frequencies in the covered band
for identification by the Secretary
under paragraph (2)(A); and
(II) frequencies in the covered
band for identification by the
Secretary under paragraph (2)(B).
(2) Identification.--Not later than 24 months after the
date of enactment of this Act, informed by the activities
carried out using a payment under paragraph (1)(A) and the
report required under paragraph (1)(E), the Secretary, in
consultation with the Secretary of Defense, the Director of the
Office of Science and Technology Policy, and the Commission,
shall submit to the President, the Commission, and the relevant
congressional committees a report that--
(A) identifies for inclusion in a system of
competitive bidding under paragraph (3) at least 200
megahertz of frequencies in the covered band for non-
Federal use, shared Federal and non-Federal use, or a
combination thereof; and
(B) identifies additional frequencies in the
covered band that could be made available for non-
Federal use, shared Federal and non-Federal use, or a
combination thereof.
(3) Auction.--
(A) In general.--Not later than 7 years after the
date of enactment of this Act, the Commission, in
coordination with the Assistant Secretary, shall
commence a system of competitive bidding under section
309(j) of the Communications Act of 1934 (47 U.S.C.
309(j)), in accordance with paragraph (2) of this
subsection, of the frequencies identified under
subparagraph (A) of that paragraph.
(B) Prohibition.--No entity that is on the list
required by section 2 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1601)
may participate in the system of competitive bidding
required by subparagraph (A).
(4) Modification or withdrawal.--
(A) In general.--The President shall modify or
withdraw any assignment to a Federal Government station
of the frequencies identified under paragraph (2)(A) to
accommodate non-Federal use, shared Federal and non-
Federal use, or a combination thereof in accordance
with that paragraph.
(B) Limitations.--The President may not modify or
withdraw any assignment to a Federal Government station
as described in subparagraph (A)--
(i) unless the President determines that
such modification or withdrawal will not
compromise the primary mission of a Federal
entity operating in the covered band; or
(ii) before November 30, 2024.
(5) Auction proceeds to cover 110 percent of federal
relocation or sharing costs.--Nothing in this subsection shall
be construed to relieve the Commission from the requirements
under section 309(j)(16)(B) of the Communications Act of 1934
(47 U.S.C. 309(j)(16)(B)).
(6) Rules authorizing additional use of spectrum in covered
band.--Not later than 4 years after the date of enactment of
this Act, the Commission, in consultation with the Assistant
Secretary, shall adopt rules that authorize the use of spectrum
in the covered band identified under paragraph (2)(B) for non-
Federal use, shared Federal and non-Federal use, or a
combination thereof.
(7) Opportunistic use of identified frequencies.--
(A) In general.--Not later than 4 years after the
date of enactment of this Act, if the President
modifies or withdraws assignments under paragraph (4),
or if the President accommodates the use described in
paragraph (2)(A) without such modification or
withdrawal, the Commission, in coordination with the
Assistant Secretary, shall allow for the opportunistic
use of the frequencies identified under such paragraph
before the auction required by paragraph (3) is
conducted. Opportunistic use, if such use is
inconsistent with the rights of licensees that obtained
licenses through such auction, shall cease upon the
issuance by the Commission of such licenses.
(B) Limitation.--The Commission may allow for
opportunistic use described in subparagraph (A) only if
the President, in consultation with the Assistant
Secretary, determines that the primary mission of
Federal entities in the covered band will not be
compromised by the introduction of devices operating in
the covered band.
(c) FCC Auction Authority.--
(1) Termination.--Section 309(j)(11) of the Communications
Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking
``2025'' and all that follows and inserting ``2025, and with
respect to the electromagnetic spectrum identified under
section 2(b)(2)(A) of the Spectrum Innovation Act of 2021, such
authority shall expire on the date that is 7 years after the
date of enactment of that Act.''.
(2) Spectrum pipeline act of 2015.--The Spectrum Pipeline
Act of 2015 (Public Law 114-74; 129 Stat. 621) is amended--
(A) in section 1004--
(i) in subsection (a), by striking ``2022''
and inserting ``2024''; and
(ii) in subsection (b)(1), by striking
``2022'' and inserting ``2024''; and
(B) in section 1006(c)(1), by striking ``Not
later'' and all that follows through ``for at least''
and inserting ``Not later than January 1, 2024, for at
least''.
(d) Relationship to Other Law.--
(1) In general.--This section and the amendments made by
this section shall apply instead of any other provision of law
relating to the covered band that is enacted during the period
beginning on September 24, 2021, and ending on January 1, 2022.
(2) Rule of construction.--For purposes of paragraph (1), a
provision of law that applies both to frequencies in the
covered band and to other frequencies may not be construed to
relate to the covered band.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Communications and Technology.
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