I 
112TH CONGRESS 
2D SESSION 
H. R. 4817 
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 
APRIL 26, 2012 
Mr. STEARNS (for himself and Ms. MATSUI) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
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 2012’’. 
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SEC. 2. REALLOCATION AND AUCTION OF 1755–1780 MHZ 
BAND. 
(a) WITHDRAWAL OR MODIFICATION OF FEDERAL 
GOVERNMENT STATION ASSIGNMENTS.—The President 
shall— 
(1) not later than 5 years after the date of the 
enactment of this Act, withdraw or modify the as-
signment to a Federal Government station of the 
electromagnetic spectrum described in subsection 
(e); and 
(2) not later than 30 days after completing the 
withdrawal or modification, notify the Commission 
that the withdrawal or modification is complete. 
(b) 
REALLOCATION
AND
AUCTION.—Notwith-
standing paragraph (15)(A) of section 309(j) of the Com-
munications 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 Commission shall— 
(1) reallocate the electromagnetic spectrum de-
scribed in subsection (e) 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 
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the frequencies from 2155 megahertz to 2180 mega-
hertz, inclusive. 
(c) AUCTION PROCEEDS.—For purposes of depos-
iting the proceeds from the competitive bidding described 
in subsection (b)(2) that are attributable to the electro-
magnetic spectrum described in subsection (e), 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)). 
(d) RELOCATION
OF
AND SHARING
BY FEDERAL 
GOVERNMENT STATIONS.— 
(1) RELOCATION
PRIORITIZED
OVER
SHAR-
ING.—Except as provided in paragraph (2), the 
President shall withdraw under subsection (a)(1) the 
assignments to all Federal Government stations of 
the electromagnetic spectrum described in subsection 
(e). 
(2) SHARING IF RELOCATION NOT POSSIBLE.— 
(A) IN GENERAL.—If the President deter-
mines, based on an operational impact assess-
ment, that a Federal Government station can-
not be relocated from the electromagnetic spec-
trum described in subsection (e) without jeop-
ardizing essential military capability, the Presi-
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dent shall modify under subsection (a)(1) the 
assignment to such station of such spectrum to 
permit shared Federal and non-Federal use. 
(B) IDENTIFICATION OF STATIONS.—Not 
later than 18 months prior to the commence-
ment of the competitive bidding described in 
subsection (b)(2), the President shall— 
(i) identify any Federal Government 
stations the assignments of which will be 
modified in accordance with subparagraph 
(A); and 
(ii) notify— 
(I) the Assistant Secretary of any 
stations so identified; and 
(II) each Federal entity that op-
erates such a station that the station 
has been so identified. 
(C) 
DEVELOPMENT
OF
TRANSITION 
PLAN.—For any station identified by the Presi-
dent under subparagraph (B)(i), the transition 
plan required by section 113(h)(1) of the Na-
tional Telecommunications and Information Ad-
ministration Organization Act (47 U.S.C. 
923(h)(1)) shall enable non-Federal users to 
share with such station the electromagnetic 
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spectrum described in subsection (e). Where ex-
clusion zones are necessary for the protection of 
essential military capability, such plan shall 
provide for the smallest possible zones con-
sistent with such protection. 
(e) SPECTRUM DESCRIBED.—The electromagnetic 
spectrum described in this subsection is the spectrum be-
tween the frequencies from 1755 megahertz to 1780 
megahertz, inclusive. 
(f) DEFINITIONS.—In this section: 
(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. 
Æ 
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