I 
117TH CONGRESS 
1ST SESSION H. R. 5378 
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 HOUSE OF REPRESENTATIVES 
SEPTEMBER 27, 2021 
Mr. MICHAEL F. DOYLE of Pennsylvania (for himself and Ms. MATSUI) intro-
duced the following bill; which was referred to the Committee on Energy 
and Commerce 
A BILL 
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. 
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 ‘‘Spectrum Innovation 
Act of 2021’’. 
SEC. 2. SPECTRUM AUCTIONS AND INNOVATION. 
(a) DEFINITIONS.—In this section: 
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(1) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Commerce for Communications and Information. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(3) COVERED
BAND.—The term ‘‘covered 
band’’ means the band of frequencies between 3100 
megahertz and 3450 megahertz, inclusive. 
(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) 
RELEVANT
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘relevant congressional commit-
tees’’ means— 
(A) the Committee on Energy and Com-
merce 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. 
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(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
(b) 3.1–3.45 GHZ BAND.— 
(1) PIPELINE FUNDING.— 
(A) IN GENERAL.—Immediately following 
the approval under subparagraph (E) of sub-
section (g)(2) of section 118 of the National 
Telecommunications and Information Adminis-
tration Organization Act (47 U.S.C. 928) of a 
plan submitted under subparagraph (D)(i)(I) of 
such subsection by a Federal entity with oper-
ations in the covered band, the Director of the 
Office of Management and Budget shall trans-
fer to such Federal entity from the Spectrum 
Relocation Fund established under such section 
$50,000,000 for such Federal entity to carry 
out activities described in subparagraph (A) of 
such subsection in order to make available the 
entire covered band for non-Federal use, shared 
Federal and non-Federal use, or a combination 
thereof, including by making available— 
(i) frequencies in the covered band for 
identification by the Secretary under para-
graph (2)(A); and 
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(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 Telecommuni-
cations and Information Administration Organi-
zation Act (47 U.S.C. 928(g)(2)(D)(ii)) shall 
not apply with respect to the payment required 
under subparagraph (A). 
(C) CONSIDERATION
OF
COMMON
PLAT-
FORM.—In carrying out activities using a pay-
ment under subparagraph (A), any Federal en-
tity receiving such a payment shall consider fa-
cilitating the sharing of spectrum between Fed-
eral 
and 
non-Federal 
users 
implemented 
through a Federal user informing common plat-
form 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 
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after the date of enactment of this Act, for the 
purposes of aiding the Secretary in making the 
identification under paragraph (2) and in-
formed by the activities carried out using a pay-
ment under subparagraph (A), any Federal en-
tity receiving such a payment, in consultation 
with the Assistant Secretary and the Executive 
Office of the President, shall submit to the Sec-
retary and the relevant congressional commit-
tees a report that— 
(i) contains the findings of the activi-
ties carried out using such payment; and 
(ii) recommends— 
(I) frequencies in the covered 
band for identification by the Sec-
retary under paragraph (2)(A); and 
(II) frequencies in the covered 
band for identification by the Sec-
retary under paragraph (2)(B). 
(2) 
IDENTIFICATION.—Not 
later 
than 
months after the date of enactment of this Act, in-
formed by the activities carried out using a payment 
under paragraph (1)(A) and the report required 
under paragraph (1)(E), the Secretary, in consulta-
tion with the Secretary of Defense, the Director of 
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the Office of Science and Technology Policy, and the 
Commission, shall submit to the President, the Com-
mission, 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 cov-
ered 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-Fed-
eral 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 competi-
tive bidding under section 309(j) of the Com-
munications Act of 1934 (47 U.S.C. 309(j)), in 
accordance with paragraph (2) of this sub-
section, of the frequencies identified under sub-
paragraph (A) of that paragraph. 
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(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) may participate in the system 
of competitive bidding required by subpara-
graph (A). 
(4) MODIFICATION OR WITHDRAWAL.— 
(A) IN
GENERAL.—The President shall 
modify or withdraw any assignment to a Fed-
eral Government station of the frequencies iden-
tified under paragraph (2)(A) to accommodate 
non-Federal use, shared Federal and non-Fed-
eral use, or a combination thereof in accordance 
with that paragraph. 
(B) LIMITATIONS.—The President may not 
modify or withdraw any assignment to a Fed-
eral Government station as described in sub-
paragraph (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. 
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(5) AUCTION
PROCEEDS
TO
COVER
110
PER-
CENT
OF
FEDERAL
RELOCATION
OR
SHARING 
COSTS.—Nothing in this subsection shall be con-
strued to relieve the Commission from the require-
ments under section 309(j)(16)(B) of the Commu-
nications 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 Sec-
retary, shall adopt rules that authorize the use of 
spectrum in the covered band identified under para-
graph (2)(B) for non-Federal use, shared Federal 
and non-Federal use, or a combination thereof. 
(7) OPPORTUNISTIC USE OF IDENTIFIED FRE-
QUENCIES.— 
(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 accom-
modates 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 para-
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graph 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 sub-
paragraph (A) only if the President, in con-
sultation with the Assistant Secretary, deter-
mines that the primary mission of Federal enti-
ties in the covered band will not be com-
promised by the introduction of devices oper-
ating 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)) 
is amended by striking ‘‘2025’’ and all that follows 
and inserting ‘‘2025, and with respect to the electro-
magnetic 
spectrum 
identified 
under 
section 
2(b)(2)(A) of the Spectrum Innovation Act of 2021, 
such authority shall expire on the date that is 7 
years after the date of enactment of that Act.’’. 
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(2) SPECTRUM
PIPELINE
ACT
OF
2015.—The 
Spectrum Pipeline Act of 2015 (Public Law 114–74; 
129 Stat. 621) is amended— 
(A) in section 1004— 
(i) in subsection (a), by striking 
‘‘2022’’ and inserting ‘‘2024’’; and 
(ii) in subsection (b)(1), by striking 
‘‘2022’’ and inserting ‘‘2024’’; and 
(B) in section 1006(c)(1), by striking ‘‘Not 
later’’ and all that follows through ‘‘for at 
least’’ and inserting ‘‘Not later than January 1, 
2024, for at least’’. 
(d) RELATIONSHIP TO OTHER LAW.— 
(1) IN GENERAL.—This section and the amend-
ments 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 fre-
quencies may not be construed to relate to the cov-
ered band. 
Æ 
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