I 

118TH CONGRESS 

1ST SESSION H. R. 1341 

To improve Federal coordination with respect to spectrum management, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 3, 2023 

Mr. BALDERSON (for himself and Ms. KUSTER) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To improve Federal coordination with respect to spectrum 

management, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Spectrum Coordination 

5 Act’’. 

6 SEC. 2. IMPROVING SPECTRUM MANAGEMENT. 

7 Part A of the National Telecommunications and In8 formation Administration Organization Act is amended by 

9 adding at the end the following: 


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1 ‘‘SEC. 106. IMPROVING SPECTRUM MANAGEMENT. 

2 ‘‘(a) FEDERAL COORDINATION PROCEDURES.— 

3 ‘‘(1) NOTICE.—With respect to each spectrum 

4 action, the Assistant Secretary shall file in the pub5 lic record with respect to such spectrum action, not 

6 later than the end of the period for submitting com7 ments to the Commission with respect to such spec8 trum action, information (redacted as necessary if 

9 the information is protected from disclosure for a 

10 reason described in paragraph (3)) regarding— 

11 ‘‘(A) the date on which the Commission 

12 provided to the Assistant Secretary notice of 

13 the spectrum action, as required under the 

14 Memorandum; 

15 ‘‘(B) the Federal entities that may be im16 pacted by the spectrum action; 

17 ‘‘(C) the date on which the Assistant Sec18 retary provided to the Federal entities described 

19 in subparagraph (B) notice of the spectrum ac20 tion; 

21 ‘‘(D) a summary of technical or procedural 

22 concerns, if any, of Federal entities with respect 

23 to the spectrum action; and 

24 ‘‘(E) a summary of policy concerns, if any, 

25 of the Assistant Secretary with respect to the 

26 spectrum action. 


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1 ‘‘(2) FINAL RULE.—If the Commission promul2 gates a final rule under section 553 of title 5, 

3 United States Code, involving a spectrum action, the 

4 Commission shall prepare, make available to the 

5 public, and publish in the Federal Register along 

6 with the final rule an interagency coordination sum7 mary that describes— 

8 ‘‘(A) the date on which the Commission 

9 provided to the Assistant Secretary notice of 

10 the spectrum action, as required under the 

11 Memorandum; 

12 ‘‘(B) whether concerns were raised under 

13 subparagraph (D) or subparagraph (E) of para14 graph (1) and, if so, the concerns raised; and 

15 ‘‘(C) how any such concerns were resolved. 

16 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

17 this subsection may be construed to require the dis18 closure of classified information, or other informa19 tion reflecting technical, procedural, or policy con20 cerns that are exempt from disclosure under section 

21 552 of title 5, United States Code. 

22 ‘‘(b) MEMORANDUM.— 

23 ‘‘(1) MEMORANDUM UPDATES.—Not later than 

24 3 years after the date of the enactment of this sec25 tion, and not less frequently than every 4 years 


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1 thereafter, the Commission and the NTIA shall up2 date the Memorandum. 

3 ‘‘(2) NATURE OF UPDATES.—In updating the 

4 Memorandum under paragraph (1), the Commission 

5 and the NTIA shall ensure that each update reflects 

6 changing technological, procedural, and policy cir7 cumstances, as determined necessary and appro8 priate by the Commission and the NTIA. 

9 ‘‘(c) DEFINITIONS.—In this section: 

10 ‘‘(1) MEMORANDUM.—The term ‘Memorandum’ 

11 means the Memorandum of Understanding between 

12 the Commission and the NTIA (relating to increased 

13 coordination between Federal spectrum management 

14 agencies to promote the efficient use of the radio 

15 spectrum in the public interest), signed on August 1, 

16 2022, or any successor memorandum. 

17 ‘‘(2) SPECTRUM ACTION.—The term ‘spectrum 

18 action’ means any proposed action by the Commis19 sion to reallocate radio frequency spectrum that is 

20 anticipated to result in a system of competitive bid21 ding conducted under section 309(j) of the Commu22 nications Act of 1934 (47 U.S.C. 309(j)) or licens23 ing that could potentially impact the spectrum oper24 ations of a Federal entity.’’. 

Æ 


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