I 
113TH CONGRESS 
1ST SESSION H. R. 2739 
To require the reallocation and auction for commercial use of the electro-
magnetic spectrum between the frequencies from 1755 megahertz to 
1780 megahertz. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 18, 2013 
Ms. MATSUI (for herself, Mr. GUTHRIE, Mr. SMITH of Washington, and Mr. 
HUNTER) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
Armed Services, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To require the reallocation and auction for commercial use 
of the electromagnetic spectrum between the frequencies 
from 1755 megahertz to 1780 megahertz. 
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 ‘‘Efficient Use of Gov-
ernment Spectrum Act of 2013’’. 
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SEC. 2. REALLOCATION AND AUCTION OF 1755–1780 MHZ 
BAND. 
(a) 
IN
GENERAL.—Notwithstanding 
paragraph 
(15)(A) of section 309(j) of the Communications Act of 
1934 (47 U.S.C. 309(j)), not later than 3 years after the 
date of the enactment of the Middle Class Tax Relief and 
Job Creation Act of 2012 (Public Law 112–96), the Com-
mission shall— 
(1) reallocate the electromagnetic spectrum de-
scribed in subsection (d) for commercial use; and 
(2) as part of the system of competitive bidding 
required by section 6401(b)(1)(B) of such Act (47 
U.S.C. 1451(b)(1)(B)), grant new initial licenses, 
subject to flexible-use service rules, for the use of 
such spectrum, paired with the spectrum between 
the frequencies from 2155 megahertz to 2180 mega-
hertz, inclusive. 
(b) AUCTION PROCEEDS.—For purposes of depos-
iting the proceeds from the competitive bidding described 
in subsection (a)(2) that are attributable to the electro-
magnetic spectrum described in subsection (d), such spec-
trum shall be treated as spectrum that is required to be 
auctioned by section 6401(b)(1)(B) of the Middle Class 
Tax Relief and Job Creation Act of 2012 (47 U.S.C. 
1451(b)(1)(B)). 
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(c) RELOCATION
OF
AND SHARING
BY FEDERAL 
GOVERNMENT STATIONS.— 
(1) RELOCATION
PRIORITIZED
OVER
SHAR-
ING.— 
(A) IN GENERAL.—Except as provided in 
paragraph (2), all Federal Government stations 
in the electromagnetic spectrum described in 
subsection (d) shall be relocated to other fre-
quencies under the procedures implemented 
pursuant to section 113(g)(6) of the National 
Telecommunications and Information Adminis-
tration Organization Act (47 U.S.C. 923(g)(6)). 
Such relocation procedures shall ensure max-
imum cooperation and coordination between the 
affected Federal and commercial entities. 
(B) DEPARTMENT
OF
DEFENSE
STA-
TIONS.—Section 1062(b) of the National De-
fense Authorization Act for Fiscal Year 2000 
(Public Law 106–65; 113 Stat. 768) shall apply 
to the relocation of stations operated by the De-
partment of Defense in the electromagnetic 
spectrum described in subsection (d). 
(2) SHARING
WHERE
RELOCATION
NOT
POS-
SIBLE.— 
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(A) IDENTIFICATION OF STATIONS.—If a 
Federal entity that operates a Federal Govern-
ment station in the electromagnetic spectrum 
described in subsection (d) determines, based 
on an operational impact assessment, that such 
station cannot be relocated from such spectrum 
without jeopardizing essential military capa-
bility, such entity shall identify such station in 
the transition plan of such entity required, by 
section 113(h)(1) of the National Telecommuni-
cations and Information Administration Organi-
zation Act (47 U.S.C. 923(h)(1)), to be sub-
mitted not later than 240 days before the com-
mencement of the competitive bidding described 
in subsection (a)(2). 
(B) REQUIRED ELEMENTS OF TRANSITION 
PLAN.—Each transition plan in which a station 
is identified pursuant to subparagraph (A) shall 
provide for non-Federal users to share with 
such station the electromagnetic spectrum de-
scribed in subsection (d). Where exclusion zones 
are necessary to avoid jeopardizing essential 
military capability, such plan shall provide for 
the smallest possible zones necessary for such 
purpose. 
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(3) WITHDRAWAL
OR
MODIFICATION
OF
AS-
SIGNMENTS.— 
(A) WITHDRAWAL.—Upon relocation of a 
Federal Government station pursuant to para-
graph (1), the President shall withdraw the as-
signment to such station of the electromagnetic 
spectrum described in subsection (d). 
(B) MODIFICATION.—For each Federal 
Government station identified in a transition 
plan pursuant to paragraph (2)(A), the Presi-
dent shall modify the assignment to such sta-
tion of the electromagnetic spectrum described 
in subsection (d) to permit shared Federal and 
non-Federal use. 
(d) SPECTRUM DESCRIBED.—The electromagnetic 
spectrum described in this subsection is the spectrum be-
tween the frequencies from 1755 megahertz to 1780 
megahertz, inclusive. 
(e) COMMISSION DEFINED.—In this section, the term 
‘‘Commission’’ means the Federal Communications Com-
mission. 
Æ 
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