I 

113TH CONGRESS 

1ST SESSION H. R. 2739 

To require the reallocation and auction for commercial use of the electromagnetic spectrum between the frequencies from 1755 megahertz to 

1780 megahertz. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 18, 2013 

Ms. MATSUI (for herself, Mr. GUTHRIE, Mr. SMITH of Washington, and Mr. 

HUNTER) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To require the reallocation and auction for commercial use 

of the electromagnetic spectrum between the frequencies 

from 1755 megahertz to 1780 megahertz. 

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 ‘‘Efficient Use of Gov5 ernment Spectrum Act of 2013’’. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 2739 IH

1 SEC. 2. REALLOCATION AND AUCTION OF 1755–1780 MHZ 

2 BAND. 

3 (a) IN GENERAL.—Notwithstanding paragraph 

4 (15)(A) of section 309(j) of the Communications Act of 

5 1934 (47 U.S.C. 309(j)), not later than 3 years after the 

6 date of the enactment of the Middle Class Tax Relief and 

7 Job Creation Act of 2012 (Public Law 112–96), the Com8 mission shall— 

9 (1) reallocate the electromagnetic spectrum de10 scribed in subsection (d) for commercial use; and 

11 (2) as part of the system of competitive bidding 

12 required by section 6401(b)(1)(B) of such Act (47 

13 U.S.C. 1451(b)(1)(B)), grant new initial licenses, 

14 subject to flexible-use service rules, for the use of 

15 such spectrum, paired with the spectrum between 

16 the frequencies from 2155 megahertz to 2180 mega17 hertz, inclusive. 

18 (b) AUCTION PROCEEDS.—For purposes of depos19 iting the proceeds from the competitive bidding described 

20 in subsection (a)(2) that are attributable to the electro21 magnetic spectrum described in subsection (d), such spec22 trum shall be treated as spectrum that is required to be 

23 auctioned by section 6401(b)(1)(B) of the Middle Class 

24 Tax Relief and Job Creation Act of 2012 (47 U.S.C. 

25 1451(b)(1)(B)). 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 2739 IH

1 (c) RELOCATION OF AND SHARING BY FEDERAL

2 GOVERNMENT STATIONS.— 

3 (1) RELOCATION PRIORITIZED OVER SHAR4 ING.— 

5 (A) IN GENERAL.—Except as provided in 

6 paragraph (2), all Federal Government stations 

7 in the electromagnetic spectrum described in 

8 subsection (d) shall be relocated to other fre9 quencies under the procedures implemented 

10 pursuant to section 113(g)(6) of the National 

11 Telecommunications and Information Adminis12 tration Organization Act (47 U.S.C. 923(g)(6)). 

13 Such relocation procedures shall ensure max14 imum cooperation and coordination between the 

15 affected Federal and commercial entities. 

16 (B) DEPARTMENT OF DEFENSE STA17 TIONS.—Section 1062(b) of the National De18 fense Authorization Act for Fiscal Year 2000 

19 (Public Law 106–65; 113 Stat. 768) shall apply 

20 to the relocation of stations operated by the De21 partment of Defense in the electromagnetic 

22 spectrum described in subsection (d). 

23 (2) SHARING WHERE RELOCATION NOT POS24 SIBLE.— 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 2739 IH

1 (A) IDENTIFICATION OF STATIONS.—If a 

2 Federal entity that operates a Federal Govern3 ment station in the electromagnetic spectrum 

4 described in subsection (d) determines, based 

5 on an operational impact assessment, that such 

6 station cannot be relocated from such spectrum 

7 without jeopardizing essential military capa8 bility, such entity shall identify such station in 

9 the transition plan of such entity required, by 

10 section 113(h)(1) of the National Telecommuni11 cations and Information Administration Organi12 zation Act (47 U.S.C. 923(h)(1)), to be sub13 mitted not later than 240 days before the com14 mencement of the competitive bidding described 

15 in subsection (a)(2). 

16 (B) REQUIRED ELEMENTS OF TRANSITION

17 PLAN.—Each transition plan in which a station 

18 is identified pursuant to subparagraph (A) shall 

19 provide for non-Federal users to share with 

20 such station the electromagnetic spectrum de21 scribed in subsection (d). Where exclusion zones 

22 are necessary to avoid jeopardizing essential 

23 military capability, such plan shall provide for 

24 the smallest possible zones necessary for such 

25 purpose. 


emcdonald on DSK67QTVN1PROD with BILLS
5 

•HR 2739 IH

1 (3) WITHDRAWAL OR MODIFICATION OF AS2 SIGNMENTS.— 

3 (A) WITHDRAWAL.—Upon relocation of a 

4 Federal Government station pursuant to para5 graph (1), the President shall withdraw the as6 signment to such station of the electromagnetic 

7 spectrum described in subsection (d). 

8 (B) MODIFICATION.—For each Federal 

9 Government station identified in a transition 

10 plan pursuant to paragraph (2)(A), the Presi11 dent shall modify the assignment to such sta12 tion of the electromagnetic spectrum described 

13 in subsection (d) to permit shared Federal and 

14 non-Federal use. 

15 (d) SPECTRUM DESCRIBED.—The electromagnetic 

16 spectrum described in this subsection is the spectrum be17 tween the frequencies from 1755 megahertz to 1780 

18 megahertz, inclusive. 

19 (e) COMMISSION DEFINED.—In this section, the term 

20 ‘‘Commission’’ means the Federal Communications Com21 mission. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS