II 

117TH CONGRESS 

2D SESSION S. 4117 

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 SENATE OF THE UNITED STATES 

APRIL 28, 2022 

Mr. LUJA ́N (for himself and Mr. THUNE) introduced the following bill; which 

was read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

To make available additional frequencies in the 3.1–3.45 

GHz band for non-Federal use, shared Federal and nonFederal use, or a combination thereof, 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 Innovation 

5 Act of 2022’’. 

6 SEC. 2. SPECTRUM AUCTIONS AND INNOVATION. 

7 (a) DEFINITIONS.—In this section: 


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1 (1) ASSISTANT SECRETARY.—The term ‘‘Assist2 ant Secretary’’ means the Assistant Secretary of 

3 Commerce for Communications and Information. 

4 (2) COMMISSION.—The term ‘‘Commission’’ 

5 means the Federal Communications Commission. 

6 (3) COVERED BAND.—The term ‘‘covered 

7 band’’ means the band of frequencies between 3100 

8 megahertz and 3450 megahertz, inclusive. 

9 (4) FEDERAL ENTITY.—The term ‘‘Federal en10 tity’’ has the meaning given the term in section 

11 113(l) of the National Telecommunications and In12 formation Administration Organization Act (47 

13 U.S.C. 923(l)). 

14 (5) RELEVANT CONGRESSIONAL COMMIT15 TEES.—The term ‘‘relevant congressional commit16 tees’’ means— 

17 (A) the Committee on Commerce, Science, 

18 and Transportation of the Senate; 

19 (B) the Committee on Armed Services of 

20 the Senate; 

21 (C) the Committee on Energy and Com22 merce of the House of Representatives; and 

23 (D) the Committee on Armed Services of 

24 the House of Representatives. 


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1 (6) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Commerce. 

3 (b) 3.1–3.45 GHZ BAND.— 

4 (1) PIPELINE FUNDING.— 

5 (A) IN GENERAL.—Immediately following 

6 the approval under subparagraph (E) of sub7 section (g)(2) of section 118 of the National 

8 Telecommunications and Information Adminis9 tration Organization Act (47 U.S.C. 928) of a 

10 plan submitted under subparagraph (D)(i)(I) of 

11 such subsection by a Federal entity with oper12 ations in the covered band, the Director of the 

13 Office of Management and Budget shall trans14 fer to such Federal entity from the Spectrum 

15 Relocation Fund established under such section 

16 $50,000,000 for such Federal entity to carry 

17 out activities described in subparagraph (A) of 

18 such subsection in order to make available the 

19 entire covered band for non-Federal use, shared 

20 Federal and non-Federal use, or a combination 

21 thereof, including by making available— 

22 (i) frequencies in the covered band for 

23 identification by the Secretary under para24 graph (2)(A); and 


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1 (ii) frequencies in the covered band 

2 for identification by the Secretary under 

3 paragraph (2)(B). 

4 (B) EXEMPTION.—Section 

5 118(g)(2)(D)(ii) of the National Telecommuni6 cations and Information Administration Organi7 zation Act (47 U.S.C. 928(g)(2)(D)(ii)) shall 

8 not apply with respect to the payment required 

9 under subparagraph (A). 

10 (C) OVERSIGHT.—The Assistant Secretary 

11 and the Executive Office of the President shall 

12 continuously review and provide oversight of the 

13 activities carried out using a payment under 

14 subparagraph (A). 

15 (D) REPORT TO SECRETARY OF COM16 MERCE AND CONGRESS.—Not later than 18 

17 months after the date of enactment of this Act, 

18 for the purposes of aiding the Secretary in 

19 making the identification under paragraph (2), 

20 and informed by the activities carried out using 

21 a payment under subparagraph (A), any Fed22 eral entity receiving such a payment, in con23 sultation with the Assistant Secretary and the 

24 Executive Office of the President, shall submit 


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1 to the Secretary and the relevant congressional 

2 committees a report that— 

3 (i) contains the findings of the activi4 ties carried out using such payment; and 

5 (ii) recommends— 

6 (I) frequencies in the covered 

7 band for identification by the Sec8 retary under paragraph (2)(A); and 

9 (II) frequencies in the covered 

10 band for identification by the Sec11 retary under paragraph (2)(B). 

12 (2) IDENTIFICATION.—Not later than 2 years 

13 after the date of enactment of this Act, informed by 

14 the activities carried out using a payment under 

15 paragraph (1)(A) and the report required under 

16 paragraph (1)(D), the Secretary, in consultation 

17 with the Secretary of Defense, the Director of the 

18 Office of Science and Technology Policy, and the 

19 Commission, shall submit to the President, the Com20 mission, and the relevant congressional committees a 

21 report that— 

22 (A) identifies for inclusion in a system of 

23 competitive bidding under paragraph (3) at 

24 least 200 megahertz of frequencies in the cov25 ered band for non-Federal use, shared Federal 


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1 and non-Federal use, or a combination thereof; 

2 and 

3 (B) identifies additional frequencies in the 

4 covered band that could be made available for 

5 non-Federal use, shared Federal and non-Fed6 eral use, or a combination thereof. 

7 (3) AUCTION.— 

8 (A) IN GENERAL.—Not later than 7 years 

9 after the date of enactment of this Act, the 

10 Commission, in coordination with the Assistant 

11 Secretary, shall commence a system of competi12 tive bidding under section 309(j) of the Com13 munications Act of 1934 (47 U.S.C. 309(j)), in 

14 accordance with paragraph (2) of this sub15 section, of the frequencies identified under sub16 paragraph (A) of that paragraph. 

17 (B) PROHIBITION.—No entity that is on 

18 the list required by section 2 of the Secure and 

19 Trusted Communications Networks Act of 2019 

20 (47 U.S.C. 1601) may participate in the system 

21 of competitive bidding required under subpara22 graph (A). 

23 (C) SCOPE.—The Commission may not in24 clude in the system of competitive bidding reVerDate Sep 11 2014 01:14 Apr 30, 2022 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4117.IS S4117

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1 quired under subparagraph (A) any frequencies 

2 that are not in the covered band. 

3 (4) MODIFICATION OR WITHDRAWAL.— 

4 (A) IN GENERAL.—The President shall 

5 modify or withdraw any assignment to a Fed6 eral Government station of the frequencies iden7 tified under paragraph (2)(A) to accommodate 

8 non-Federal use, shared Federal and non-Fed9 eral use, or a combination thereof in accordance 

10 with that paragraph. 

11 (B) LIMITATIONS.—The President may not 

12 modify or withdraw any assignment to a Fed13 eral Government station, as described in sub14 paragraph (A)— 

15 (i) unless the President determines 

16 that such modification or withdrawal will 

17 not compromise the primary mission of a 

18 Federal entity operating in the covered 

19 band; or 

20 (ii) before November 30, 2024. 

21 (5) AUCTION PROCEEDS TO COVER 110 PER22 CENT OF FEDERAL RELOCATION OR SHARING

23 COSTS.—Nothing in this subsection shall be con24 strued to relieve the Commission from the requireVerDate Sep 11 2014 01:14 Apr 30, 2022 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4117.IS S4117

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1 ments under section 309(j)(16)(B) of the Commu2 nications Act of 1934 (47 U.S.C. 309(j)(16)(B)). 

3 (6) RULES AUTHORIZING ADDITIONAL USE OF

4 SPECTRUM IN COVERED BAND.—Not later than 4 

5 years after the date of enactment of this Act, the 

6 Commission, in coordination with the Assistant Sec7 retary, shall adopt rules that authorize the use of 

8 spectrum in the covered band identified under para9 graph (2)(B) for non-Federal use, shared Federal 

10 and non-Federal use, or a combination thereof. 

11 (c) FCC AUCTION AUTHORITY.— 

12 (1) TERMINATION.—Section 309(j)(11) of the 

13 Communications Act of 1934 (47 U.S.C. 309(j)(11)) 

14 is amended by striking ‘‘2025’’ and all that follows 

15 and inserting ‘‘2025, and with respect to the electro16 magnetic spectrum identified under section 

17 2(b)(2)(A) of the Spectrum Innovation Act of 2022, 

18 such authority shall expire on the date that is 7 

19 years after the date of enactment of that Act.’’. 

20 (2) SPECTRUM PIPELINE ACT OF 2015.—Section 

21 1004 of the Spectrum Pipeline Act of 2015 (47 

22 U.S.C. 921 note; Public Law 114–74) is amended— 

23 (A) in subsection (a), by striking ‘‘2022’’ 

24 and inserting ‘‘2024’’; and 


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1 (B) in subsection (b)(1), by striking 

2 ‘‘2022’’ and inserting ‘‘2024’’. 

3 (d) REPEAL.—Section 90008 of the Infrastructure 

4 Investment and Jobs Act (47 U.S.C. 921 note; Public Law 

5 117–58), and the item relating to such section in the table 

6 of contents in section 1(b) of such Act, are repealed. 

Æ 


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