Spectrum Innovation Act of 2022
Bill: S.4117 | Sponsor: Sen. Lujan, Ben Ray (D-NM)
Policy area: Science, Technology, Communications

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identify and transmit on unused spectrum without infringing on the rights of the spectrum license holder) of a withdrawn or modified assignment.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.

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Spectrum Innovation Act of 2022''.

SEC. 2. SPECTRUM AUCTIONS AND INNOVATION.

    (a) Definitions.--In this section:
            (1) Assistant secretary.--The term ``Assistant 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 entity'' has the 
        meaning given the term in section 113(l) of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 923(l)).
            (5) Relevant congressional committees.--The term ``relevant 
        congressional committees'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Armed Services of the Senate;
                    (C) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (D) the Committee on Armed Services of the House of 
                Representatives.
            (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 subsection (g)(2) of section 
                118 of the National Telecommunications and Information 
                Administration Organization Act (47 U.S.C. 928) of a 
                plan submitted under subparagraph (D)(i)(I) of such 
                subsection by a Federal entity with operations in the 
                covered band, the Director of the Office of Management 
                and Budget shall transfer 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 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)) shall not apply with respect to the 
                payment required under subparagraph (A).
                    (C) 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).
                    (D) 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 2 years 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)(D), 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)), in accordance with paragraph (2) of this 
                subsection, of the frequencies identified under 
                subparagraph (A) of that paragraph.
                    (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 under subparagraph (A).
                    (C) Scope.--The Commission may not include in the 
                system of competitive bidding required under 
                subparagraph (A) any frequencies that are not in the 
                covered band.
            (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 coordination 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.
    (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 electromagnetic spectrum identified under 
        section 2(b)(2)(A) of the Spectrum Innovation Act of 2022, such 
        authority shall expire on the date that is 7 years after the 
        date of enactment of that Act.''.
            (2) Spectrum pipeline act of 2015.--Section 1004 of the 
        Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note; Public Law 
        114-74) is amended--
                    (A) in subsection (a), by striking ``2022'' and 
                inserting ``2024''; and
                    (B) in subsection (b)(1), by striking ``2022'' and 
                inserting ``2024''.
    (d) Repeal.--Section 90008 of the Infrastructure Investment and 
Jobs Act (47 U.S.C. 921 note; Public Law 117-58), and the item relating 
to such section in the table of contents in section 1(b) of such Act, 
are repealed.
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