Spectrum Innovation Act of 2021

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. 1. Short title This Act may be cited as the Spectrum Innovation Act of 2021 2. Spectrum auctions and innovation (a) Definitions In this section: (1) Assistant Secretary The term Assistant Secretary (2) Commission The term Commission (3) Covered band The term covered band (4) Federal entity The term Federal entity 47 U.S.C. 923(l) (5) Relevant congressional committees The term relevant congressional committees (A) the Committee on Energy and Commerce of the House of Representatives; (B) the Committee on Commerce, Science, and Transportation of the Senate; (C) the Committee on Armed Services of the House of Representatives; and (D) the Committee on Armed Services of the Senate. (6) Secretary The term Secretary (b) 3.1–3.45 GHz band (1) Pipeline funding (A) In general Immediately following the approval under subparagraph (E) of subsection (g)(2) of section 118 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928 (i) frequencies in the covered band for identification by the Secretary under paragraph (2)(A); and (ii) frequencies in the covered band for identification by the Secretary under paragraph (2)(B). (B) Exemption Section 118(g)(2)(D)(ii) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928(g)(2)(D)(ii) (C) Consideration of common platform In carrying out activities using a payment under subparagraph (A), any Federal entity receiving such a payment shall consider facilitating the sharing of spectrum between Federal and non-Federal users implemented through a Federal user informing common platform developed by the Assistant Secretary, in coordination with the Commission. (D) Oversight The Assistant Secretary and the Executive Office of the President shall continuously review and provide oversight of the activities carried out using a payment under subparagraph (A). (E) Report to Secretary of Commerce and Congress Not later than 18 months after the date of enactment of this Act, for the purposes of aiding the Secretary in making the identification under paragraph (2) and informed by the activities carried out using a payment under subparagraph (A), any Federal entity receiving such a payment, in consultation with the Assistant Secretary and the Executive Office of the President, shall submit to the Secretary and the relevant congressional committees a report that— (i) contains the findings of the activities carried out using such payment; and (ii) recommends— (I) frequencies in the covered band for identification by the Secretary under paragraph (2)(A); and (II) frequencies in the covered band for identification by the Secretary under paragraph (2)(B). (2) Identification Not later than 24 months after the date of enactment of this Act, informed by the activities carried out using a payment under paragraph (1)(A) and the report required under paragraph (1)(E), the Secretary, in consultation with the Secretary of Defense, the Director of the Office of Science and Technology Policy, and the Commission, shall submit to the President, the Commission, and the relevant congressional committees a report that— (A) identifies for inclusion in a system of competitive bidding under paragraph (3) at least 200 megahertz of frequencies in the covered band for non-Federal use, shared Federal and non-Federal use, or a combination thereof; and (B) identifies additional frequencies in the covered band that could be made available for non-Federal use, shared Federal and non-Federal use, or a combination thereof. (3) Auction (A) In general Not later than 7 years after the date of enactment of this Act, the Commission, in coordination with the Assistant Secretary, shall commence a system of competitive bidding under section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) (B) Prohibition No entity that is on the list required by section 2 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601 (4) Modification or withdrawal (A) In general The President shall modify or withdraw any assignment to a Federal Government station of the frequencies identified under paragraph (2)(A) to accommodate non-Federal use, shared Federal and non-Federal use, or a combination thereof in accordance with that paragraph. (B) Limitations The President may not modify or withdraw any assignment to a Federal Government station as described in subparagraph (A)— (i) unless the President determines that such modification or withdrawal will not compromise the primary mission of a Federal entity operating in the covered band; or (ii) before November 30, 2024. (5) Auction proceeds to cover 110 percent of Federal relocation or sharing costs Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(16)(B) (6) Rules authorizing additional use of spectrum in covered band Not later than 4 years after the date of enactment of this Act, the Commission, in consultation with the Assistant Secretary, shall adopt rules that authorize the use of spectrum in the covered band identified under paragraph (2)(B) for non-Federal use, shared Federal and non-Federal use, or a combination thereof. (7) Opportunistic use of identified frequencies (A) In general Not later than 4 years after the date of enactment of this Act, if the President modifies or withdraws assignments under paragraph (4), or if the President accommodates the use described in paragraph (2)(A) without such modification or withdrawal, the Commission, in coordination with the Assistant Secretary, shall allow for the opportunistic use of the frequencies identified under such paragraph before the auction required by paragraph (3) is conducted. Opportunistic use, if such use is inconsistent with the rights of licensees that obtained licenses through such auction, shall cease upon the issuance by the Commission of such licenses. (B) Limitation The Commission may allow for opportunistic use described in subparagraph (A) only if the President, in consultation with the Assistant Secretary, determines that the primary mission of Federal entities in the covered band will not be compromised by the introduction of devices operating in the covered band. (c) FCC auction authority (1) Termination Section 309(j)(11) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(11) 2025 2025, and with respect to the electromagnetic spectrum identified under section 2(b)(2)(A) of the Spectrum Innovation Act of 2021 (2) Spectrum Pipeline Act of 2015 The Spectrum Pipeline Act of 2015 ( Public Law 114–74 (A) in section 1004— (i) in subsection (a), by striking 2022 2024 (ii) in subsection (b)(1), by striking 2022 2024 (B) in section 1006(c)(1), by striking Not later for at least Not later than January 1, 2024, for at least (d) Relationship to other law (1) In general This section and the amendments made by this section shall apply instead of any other provision of law relating to the covered band that is enacted during the period beginning on September 24, 2021, and ending on January 1, 2022. (2) Rule of construction For purposes of paragraph (1), a provision of law that applies both to frequencies in the covered band and to other frequencies may not be construed to relate to the covered band.

Summary: Spectrum Innovation Act of 2021 This bill specifies a process for auctioning a portion of the electromagnetic spectrum between 3100 megahertz (MHz) and 3540 MHz for nonfederal use, shared federal and nonfederal use, or a combination of those uses. Most wireless technologies (e.g., mobile communication) rely on the electromagnetic spectrum to transmit signals. Specifically, the Office of Management and Budget must transfer funding from the Spectrum Reallocation Fund to federal entities for planning related to the reallocation. The National Telecommunications and Information Administration (NTIA) and the Executive Office of the President must oversee the planning. Informed by the planning, the Department of Commerce must identify at least 200 MHz of spectrum for reallocation. In identifying the spectrum, Commerce must consult with the Department of Defense, the Office of National Science and Technology Policy, and the Federal Communications Commission (FCC). The FCC must (1) adopt rules authorizing the use of the identified spectrum in consultation with the NTIA, and (2) auction licenses for the identified spectrum within seven years of the bill's enactment. Additionally, the President must modify or withdraw (subject to certain limits) current federal assignments of the identified spectrum to increase nonfederal use. The FCC must allow for opportunistic uses (i.e., allow devices to opportunistically identify and transmit on unused spectrum without infringing on the rights of the spectrum license holder) of a withdrawn or modified assignment. An allowed opportunistic use must cease after the auction if the use is inconsistent with the rights of the licensee that obtains its license through the auction.