SPECTRUM NOW Act

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. 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 SPECTRUM NOW Act 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) (1) in paragraph (1)— (A) in subparagraph (A), by striking ; and (B) in subparagraph (B), by striking the period at the end and inserting ; 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 (or, in the case of a payment under paragraph (1)(C), 30 days) (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. . 3. Inclusion of spectrum sharing in annual NTIA report on relocation Section 207 of the Commercial Spectrum Enhancement Act ( 47 U.S.C. 928 (1) in paragraph (1)— (A) by inserting or sharing of relocation from (B) by striking section 118(d)(2)(A) section 118(d)(2)(B) (2) in paragraph (2)— (A) by striking relocated communication system such communication system (B) by striking relocation costs relocation or sharing costs (C) by striking relocations costs relocation or sharing costs 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) (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) (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. 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) (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) (1) by striking the period at the end and inserting ; and (2) by striking except that, with respect to 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 . (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 6. Definitions In this Act: (1) Appropriate committees of congress The term appropriate committees of Congress (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 (3) Comparable capability of systems The term comparable capability of systems 47 U.S.C. 923(g)(3)(B) (4) Federal entity The term Federal entity 47 U.S.C. 923(l) (5) Secretary The term Secretary

Summary: Supplementing the Pipeline for Efficient Control of The Resources for Users Making New Opportunities for Wireless Act or the SPECTRUM NOW Act This bill directs federal entities operating on mid-band spectrum to study the feasibility of (1) increasing spectrum efficiency, and (2) relocating federally held spectrum or sharing it with commercial users to facilitate the deployment of 5G. These federal entities must then submit plans for repurposing their spectrum, or a portion thereof, for commercial wireless use. Further, the National Telecommunications and Information Administration must consult with the Federal Communications Commission and the relevant federal entity to determine whether spectrum may be made available on an unlicensed basis if the entity determines it is not feasible to make spectrum available on a licensed basis in accordance with the bill.