Spectrum Innovation Act of 2021
Bill: H.R.5378 | Sponsor: Rep. Doyle, Michael F. (D-PA)
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identify and transmit on unused spectrum without infringing on the rights of the spectrum license holder) of a withdrawn or modified assignment.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 2021''.

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 such 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 Energy and Commerce 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.
            (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) Consideration of common platform.--In carrying 
                out activities using a payment under subparagraph (A), 
                any Federal entity receiving such a payment shall 
                consider facilitating the sharing of spectrum between 
                Federal and non-Federal users implemented through a 
                Federal user informing common platform 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 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 24 months 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)(E), 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 by subparagraph (A).
            (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 consultation 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.
            (7) Opportunistic use of identified frequencies.--
                    (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 accommodates 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 paragraph 
                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 subparagraph (A) only if 
                the President, in consultation with the Assistant 
                Secretary, determines that the primary mission of 
                Federal entities in the covered band will not be 
                compromised by the introduction of devices operating 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 electromagnetic 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.''.
            (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 amendments 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 frequencies may not be construed to 
        relate to the covered band.
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