Efficient Use of Government Spectrum Act of 2013

Summary: Efficient Use of Government Spectrum Act of 2013 - Directs the Federal Communications Commission (FCC), within three years after enactment of the Middle Class Tax Relief and Job Creation Act of 2012, to: (1) reallocate electromagnetic spectrum between the frequencies from 1755 to 1780 megahertz (currently, such frequencies are occupied by the Department of Defense [DOD] and other federal agencies); and (2) as part of the competitive bidding auctions required by such Act, grant new initial licenses, subject to flexible-use service rules, for the use of such spectrum, paired with the spectrum between frequencies from 2155 to 2180 megahertz already designated for auction. Directs the proceeds attributable to the competitive bidding of the 1755 to 1780 megahertz range to be allocated in the same manner as other specified frequencies pursuant to such Act for uses including reimbursements to agencies for relocation and sharing costs, the building of the nationwide public safety broadband network, and deposits or reimbursements to the U.S. Treasury.  Requires such spectrum to be relocated in a manner to ensure cooperation between federal and commercial entities under procedures in the National Telecommunications and Information Administration Organization Act, except for DOD-operated spectrum, which shall be relocated under the National Defense Authorization Act for Fiscal Year 2000. Directs federal entities operating a federal government station, within a specified period before commencement of competitive bidding, to identify stations that cannot be relocated without jeopardizing essential military capability. Requires the transition plans of federal entities identifying such essential spectrum to: (1) provide for non-federal users to share such stations, and (2) limit any necessary exclusion zones to the smallest possible zones.  Directs the President to withdraw assignments upon relocation or to modify assignments to permit federal and non-federal use.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Efficient Use of Government Spectrum 
Act of 2013''.

SEC. 2. REALLOCATION AND AUCTION OF 1755-1780 MHZ BAND.

    (a) In General.--Notwithstanding paragraph (15)(A) of section 
309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), not later 
than 3 years after the date of the enactment of the Middle Class Tax 
Relief and Job Creation Act of 2012 (Public Law 112-96), the Commission 
shall--
            (1) reallocate the electromagnetic spectrum described in 
        subsection (d) for commercial use; and
            (2) as part of the system of competitive bidding required 
        by section 6401(b)(1)(B) of such Act (47 U.S.C. 1451(b)(1)(B)), 
        grant new initial licenses, subject to flexible-use service 
        rules, for the use of such spectrum, paired with the spectrum 
        between the frequencies from 2155 megahertz to 2180 megahertz, 
        inclusive.
    (b) Auction Proceeds.--For purposes of depositing the proceeds from 
the competitive bidding described in subsection (a)(2) that are 
attributable to the electromagnetic spectrum described in subsection 
(d), such spectrum shall be treated as spectrum that is required to be 
auctioned by section 6401(b)(1)(B) of the Middle Class Tax Relief and 
Job Creation Act of 2012 (47 U.S.C. 1451(b)(1)(B)).
    (c) Relocation of and Sharing by Federal Government Stations.--
            (1) Relocation prioritized over sharing.--
                    (A) In general.--Except as provided in paragraph 
                (2), all Federal Government stations in the 
                electromagnetic spectrum described in subsection (d) 
                shall be relocated to other frequencies under the 
                procedures implemented pursuant to section 113(g)(6) of 
                the National Telecommunications and Information 
                Administration Organization Act (47 U.S.C. 923(g)(6)). 
                Such relocation procedures shall ensure maximum 
                cooperation and coordination between the affected 
                Federal and commercial entities.
                    (B) Department of defense stations.--Section 
                1062(b) of the National Defense Authorization Act for 
                Fiscal Year 2000 (Public Law 106-65; 113 Stat. 768) 
                shall apply to the relocation of stations operated by 
                the Department of Defense in the electromagnetic 
                spectrum described in subsection (d).
            (2) Sharing where relocation not possible.--
                    (A) Identification of stations.--If a Federal 
                entity that operates a Federal Government station in 
                the electromagnetic spectrum described in subsection 
                (d) determines, based on an operational impact 
                assessment, that such station cannot be relocated from 
                such spectrum without jeopardizing essential military 
                capability, such entity shall identify such station in 
                the transition plan of such entity required, by section 
                113(h)(1) of the National Telecommunications and 
                Information Administration Organization Act (47 U.S.C. 
                923(h)(1)), to be submitted not later than 240 days 
                before the commencement of the competitive bidding 
                described in subsection (a)(2).
                    (B) Required elements of transition plan.--Each 
                transition plan in which a station is identified 
                pursuant to subparagraph (A) shall provide for non-
                Federal users to share with such station the 
                electromagnetic spectrum described in subsection (d). 
                Where exclusion zones are necessary to avoid 
                jeopardizing essential military capability, such plan 
                shall provide for the smallest possible zones necessary 
                for such purpose.
            (3) Withdrawal or modification of assignments.--
                    (A) Withdrawal.--Upon relocation of a Federal 
                Government station pursuant to paragraph (1), the 
                President shall withdraw the assignment to such station 
                of the electromagnetic spectrum described in subsection 
                (d).
                    (B) Modification.--For each Federal Government 
                station identified in a transition plan pursuant to 
                paragraph (2)(A), the President shall modify the 
                assignment to such station of the electromagnetic 
                spectrum described in subsection (d) to permit shared 
                Federal and non-Federal use.
    (d) Spectrum Described.--The electromagnetic spectrum described in 
this subsection is the spectrum between the frequencies from 1755 
megahertz to 1780 megahertz, inclusive.
    (e) Commission Defined.--In this section, the term ``Commission'' 
means the Federal Communications Commission.