[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1968 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 1968
To amend the National Telecommunications and Information Administration
Organization Act to provide for necessary payments from the Spectrum
Relocation Fund for costs of spectrum research and development and
planning activities, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 25, 2019
Mr. Wicker (for himself, Mr. Schatz, and Mr. Moran) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend the National Telecommunications and Information Administration
Organization Act to provide for necessary payments from the Spectrum
Relocation Fund for costs of spectrum research and development and
planning activities, 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 ``Supplementing the Pipeline for
Efficient Control of The Resources for Users Making New Opportunities
for Wireless Act'' or the ``SPECTRUM NOW Act''.
SEC. 2. COSTS OF SPECTRUM RESEARCH AND DEVELOPMENT AND PLANNING
ACTIVITIES.
Section 118(g) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 928(g)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(C) the Director of OMB may make a payment
described in paragraph (2) from amounts in the Fund
other than amounts made available under subparagraphs
(A) and (B) if, before making the payment, the Director
of OMB, in consultation with the NTIA, determines and
submits to the congressional committees described in
subsection (d)(2)(C) a certification that--
``(i) the conditions described in
subclauses (I) and (II) of paragraph (2)(D)(i)
have been met;
``(ii) as of the date of the certification,
amounts made available under subparagraphs (A)
and (B) are insufficient to make the payment
requested by the Federal entity in the plan
approved under paragraph (2)(E) by the
Technical Panel established under section
113(h)(3); and
``(iii) the payment will leave sufficient
amounts in the Fund to pay the relocation or
sharing costs that will be incurred by eligible
Federal entities to complete the implementation
of all transition plans that, as of the date of
the certification, have been found sufficient
by the Technical Panel under section
113(h)(4).''; and
(2) in paragraph (2)--
(A) in subparagraph (D)(ii), by inserting after
``60 days'' the following: ``(or, in the case of a
payment under paragraph (1)(C), 30 days)''; and
(B) by adding at the end the following:
``(F) Consultation regarding sharing frequencies on
unlicensed basis.--If a Federal entity that receives a
payment under subparagraph (A) determines, in carrying
out activities under a plan approved by the Technical
Panel under subparagraph (E), that it is not feasible
for such Federal entity to make available frequencies
described in such plan for reallocation for non-Federal
use or shared Federal and non-Federal use, or a
combination thereof, and for auction in accordance with
such reallocation--
``(i) such Federal entity shall submit to
the NTIA a certification stating the
determination; and
``(ii) the NTIA shall consult with the
Commission and such Federal entity regarding
whether such frequencies may be shared with
non-Federal entities on an unlicensed basis.''.
SEC. 3. INCLUSION OF SPECTRUM SHARING IN ANNUAL NTIA REPORT ON
RELOCATION.
Section 207 of the Commercial Spectrum Enhancement Act (47 U.S.C.
928 note) is amended--
(1) in paragraph (1)--
(A) by inserting ``or sharing of'' after
``relocation from''; and
(B) by striking ``section 118(d)(2)(A)'' and
inserting ``section 118(d)(2)(B)''; and
(2) in paragraph (2)--
(A) by striking ``relocated communication system''
and inserting ``such communication system'';
(B) by striking ``relocation costs'' and inserting
``relocation or sharing costs''; and
(C) by striking ``relocations costs'' and inserting
``relocation or sharing costs''.
SEC. 4. STUDIES ON REALLOCATION OF CERTAIN FEDERAL SPECTRUM.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, each Federal entity that, as of such date of
enactment, is operating on spectrum between the frequencies of 3450
megahertz to 3550 megahertz, inclusive, shall--
(1) request a payment under section 118(g)(2) of the
National Telecommunications and Information Administration
Organization Act (47 U.S.C. 928(g)(2)) for the purpose of
conducting a study of any such frequencies on which such entity
operates in order to determine the feasibility of the
reallocation of such frequencies, or a portion thereof, for
non-Federal use or shared Federal and non-Federal use, or a
combination thereof, and auction in accordance with such
reallocation; and
(2) if such Federal entity receives such payment--
(A) conduct such study; and
(B) submit to the appropriate committees of
Congress and the Secretary a report on the results of
such study.
(b) Conditions and Limitations.--
(1) Receipt of payment.--A Federal entity is not required
to conduct a study under subsection (a) if such entity requests
such payment in accordance with section 118(g)(2) of the
National Telecommunications and Information Administration
Organization Act (47 U.S.C. 928(g)(2)) but does not receive
such payment.
(2) Inability to achieve comparable capability of
systems.--If it is found in a study conducted under subsection
(a) that any Federal entity operating on spectrum with respect
to which the study is conducted would not be able to achieve
comparable capability of systems in the case of the
reallocation of such spectrum or a portion thereof for non-
Federal use or shared Federal and non-Federal use, or a
combination thereof, and auction in accordance with such
reallocation, the Federal entity that conducted the study shall
submit to the National Telecommunications and Information
Administration and the Director of the Office of Management and
Budget a certification stating such finding.
SEC. 5. IDENTIFICATION, REALLOCATION, AND AUCTION OF CERTAIN FEDERAL
SPECTRUM.
(a) Identification of Spectrum.--Not later than January 1, 2025,
the Secretary shall--
(1) for the frequencies with respect to which a Federal
entity makes an affirmative feasibility determination under
section 4(a), determine whether the Secretary concurs with the
determination of the Federal entity; and
(2) if the Secretary concurs with the determination of the
Federal entity, submit to the President and the Commission a
report identifying for reallocation the frequencies with
respect to which the Federal entity made the determination.
(b) Clearing of Spectrum.--The President shall--
(1) not later than 180 days after the Secretary submits a
report under subsection (a)(2), begin the process of
withdrawing or modifying the assignment to a Federal Government
station of the frequencies identified in such report; and
(2) not later than 30 days after completing the withdrawal
or modification, notify the Commission that the withdrawal or
modification is complete.
(c) Reallocation and Auction.--
(1) In general.--The Commission shall--
(A) reallocate the frequencies identified in a
report under subsection (a)(2) for non-Federal use or
shared Federal and non-Federal use, or a combination
thereof; and
(B) notwithstanding paragraph (15)(A) of section
309(j) of the Communications Act of 1934 (47 U.S.C.
309(j)), not later than January 1, 2026, begin a system
of competitive bidding under such section to grant new
initial licenses for the use of such frequencies,
subject to flexible-use service rules.
(2) Proceeds to cover 110 percent of federal relocation or
sharing costs.--Nothing in this section shall be construed to
relieve the Commission from the requirements of section
309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C.
309(j)(16)(B)).
(d) Auction Authority.--Section 309(j)(11) of the Communications
Act of 1934 (47 U.S.C. 309(j)(11)) is amended--
(1) by striking the period at the end and inserting ``;
and'';
(2) by striking ``except that, with respect to'' and
inserting ``except that--
``(A) with respect to''; and
(3) by adding at the end the following:
``(B) with respect to the frequencies identified
under section 5(a)(2) of the SPECTRUM NOW Act, such
authority shall expire on September 30, 2027.''.
(e) Relationship to Spectrum Pipeline Identification Requirement.--
The identification of frequencies under subsection (a)(2), withdrawal
or modification of the assignment to a Federal Government station of
such frequencies under subsection (b), or reallocation or auction of
such frequencies under subsection (c) does not preclude such
frequencies from being identified under section 1006(c) of the Spectrum
Pipeline Act of 2015 (Public Law 114-74; 129 Stat. 624).
SEC. 6. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations of the House of
Representatives;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Energy and Commerce of the
House of Representatives; and
(D) the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Comparable capability of systems.--The term
``comparable capability of systems'' has the meaning described
in section 113(g)(3)(B) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
923(g)(3)(B)).
(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) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
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