I 
116TH CONGRESS 
1ST SESSION H. R. 3475 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 25, 2019 
Ms. MATSUI (for herself and Mr. GUTHRIE) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
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 ac-
tivities, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 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’’ or the 
‘‘SPECTRUM NOW Act’’. 
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SEC. 2. COSTS OF SPECTRUM RESEARCH AND DEVELOP-
MENT AND PLANNING ACTIVITIES. 
Section 118(g) of the National Telecommunications 
and Information Administration Organization Act (47 
U.S.C. 928(g)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; and’’; 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, deter-
mines and submits to the congressional commit-
tees described in subsection (d)(2)(C) a certifi-
cation that— 
‘‘(i) the conditions described in sub-
clauses (I) and (II) of paragraph (2)(D)(i) 
have been met; 
‘‘(ii) as of the date of the certification, 
amounts made available under subpara-
graphs (A) and (B) are insufficient to 
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make the payment requested by the Fed-
eral 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 el-
igible Federal entities to complete the im-
plementation 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’’ the following: ‘‘(or, in the case 
of a payment under paragraph (1)(C), 30 
days)’’; and 
(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 Tech-
nical Panel under subparagraph (E), that it is 
not feasible for such Federal entity to make 
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available frequencies described in such plan for 
reallocation for non-Federal use or shared Fed-
eral 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 de-
termination; and 
‘‘(ii) the NTIA shall consult with the 
Commission and such Federal entity re-
garding whether such frequencies may be 
shared with non-Federal entities on an un-
licensed basis.’’. 
SEC. 3. INCLUSION OF SPECTRUM SHARING IN ANNUAL 
NTIA REPORT ON RELOCATION. 
Section 207 of the Commercial Spectrum Enhance-
ment Act (47 U.S.C. 928 note) is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘or sharing of’’ after ‘‘re-
location from’’; and 
(B) by striking ‘‘section 118(d)(2)(A)’’ and 
inserting ‘‘section 118(d)(2)(B)’’; and 
(2) in paragraph (2)— 
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(A) by striking ‘‘relocated communication 
system’’ and inserting ‘‘such communication 
system’’; 
(B) by striking ‘‘relocation costs’’ and in-
serting ‘‘relocation or sharing costs’’; and 
(C) by striking ‘‘relocations costs’’ and in-
serting ‘‘relocation or sharing costs’’. 
SEC. 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 spec-
trum 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 Informa-
tion Administration Organization Act (47 U.S.C. 
928(g)(2)) for the purpose of conducting a study of 
any such frequencies on which such entity operates 
in order to determine the feasibility of the realloca-
tion of such frequencies, or a portion thereof, for 
non-Federal use or shared Federal and non-Federal 
use, or a combination thereof, and auction in accord-
ance with such reallocation; and 
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(2) if such Federal entity receives such pay-
ment— 
(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 Telecommuni-
cations and Information Administration Organiza-
tion Act (47 U.S.C. 928(g)(2)) but does not receive 
such payment. 
(2) INABILITY TO ACHIEVE COMPARABLE CAPA-
BILITY OF SYSTEMS.—If it is found in a study con-
ducted under subsection (a) that any Federal entity 
operating on spectrum with respect to which the 
study is conducted would not be able to achieve com-
parable capability of systems in the case of the re-
allocation 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 accord-
ance with such reallocation, the Federal entity that 
conducted the study shall submit to the National 
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Telecommunications and Information Administration 
and the Director of the Office of Management and 
Budget a certification stating such finding. 
SEC. 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 deter-
mination under section 4(a), determine whether the 
Secretary concurs with the determination of the 
Federal entity; and 
(2) if the Secretary concurs with the determina-
tion of the Federal entity, submit to the President 
and the Commission a report identifying for re-
allocation 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 
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(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-Fed-
eral 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)), not later than Janu-
ary 1, 2026, begin a system of competitive bid-
ding under such section to grant new initial li-
censes for the use of such frequencies, subject 
to flexible-use service rules. 
(2) PROCEEDS TO COVER 110 PERCENT OF FED-
ERAL RELOCATION OR SHARING COSTS.—Nothing in 
this section shall be construed to relieve the Com-
mission 
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)) is 
amended— 
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(1) by striking the period at the end and insert-
ing ‘‘; and’’; 
(2) by striking ‘‘except that, with respect to’’ 
and inserting ‘‘except that— 
‘‘(A) with respect to’’; and 
(3) by adding at the end the following: 
‘‘(B) with respect to the frequencies identi-
fied under section 5(a)(2) of the SPECTRUM 
NOW Act, such authority shall expire on Sep-
tember 30, 2027.’’. 
(e) RELATIONSHIP TO SPECTRUM PIPELINE IDENTI-
FICATION
REQUIREMENT.—The identification of fre-
quencies under subsection (a)(2), withdrawal or modifica-
tion 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; 129 Stat. 624). 
SEC. 6. DEFINITIONS. 
In this Act: 
(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
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(A) the Committee on Appropriations of 
the House of Representatives; 
(B) the Committee on Appropriations of 
the Senate; 
(C) the Committee on Energy and Com-
merce of the House of Representatives; and 
(D) the Committee on Commerce, Science, 
and Transportation of the Senate. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(3) COMPARABLE CAPABILITY OF SYSTEMS.— 
The term ‘‘comparable capability of systems’’ has 
the meaning described in section 113(g)(3)(B) of the 
National Telecommunications and Information Ad-
ministration 
Organization 
Act 
(47 
U.S.C. 
923(g)(3)(B)). 
(4) FEDERAL ENTITY.—The term ‘‘Federal en-
tity’’ has the meaning given such term in section 
113(l) of the National Telecommunications and In-
formation Administration Organization Act (47 
U.S.C. 923(l)). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
Æ 
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