Title: SPECTRUM NOW Act
Policy area: Science, Technology, Communications

Summary:
Supplementing the Pipeline for Efficient Control of The Resources for Users Making New Opportunities for Wireless Act or the SPECTRUM NOW Act
This bill directs federal entities operating on mid-band spectrum to study the feasibility of (1) increasing spectrum efficiency, and (2) relocating federally held spectrum or sharing it with commercial users to facilitate the deployment of 5G. These federal entities must then submit plans for repurposing their spectrum, or a portion thereof, for commercial wireless use.
Further, the National Telecommunications and Information Administration must consult with the Federal Communications Commission and the relevant federal entity to determine whether spectrum may be made available on an unlicensed basis if the entity determines it is not feasible to make spectrum available on a licensed basis in accordance with the bill.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1968 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1968

To amend the National Telecommunications and Information Administration 
 Organization Act to provide for necessary payments from the Spectrum 
  Relocation Fund for costs of spectrum research and development and 
              planning activities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 2019

  Mr. Wicker (for himself, Mr. Schatz, and Mr. Moran) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend the National Telecommunications and Information Administration 
 Organization Act to provide for necessary payments from the Spectrum 
  Relocation Fund for costs of spectrum research and development and 
              planning activities, 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 ``Supplementing the Pipeline for 
Efficient Control of The Resources for Users Making New Opportunities 
for Wireless Act'' or the ``SPECTRUM NOW Act''.

SEC. 2. COSTS OF SPECTRUM RESEARCH AND DEVELOPMENT AND PLANNING 
              ACTIVITIES.

    Section 118(g) of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 928(g)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) the Director of OMB may make a payment 
                described in paragraph (2) from amounts in the Fund 
                other than amounts made available under subparagraphs 
                (A) and (B) if, before making the payment, the Director 
                of OMB, in consultation with the NTIA, determines and 
                submits to the congressional committees described in 
                subsection (d)(2)(C) a certification that--
                            ``(i) the conditions described in 
                        subclauses (I) and (II) of paragraph (2)(D)(i) 
                        have been met;
                            ``(ii) as of the date of the certification, 
                        amounts made available under subparagraphs (A) 
                        and (B) are insufficient to make the payment 
                        requested by the Federal entity in the plan 
                        approved under paragraph (2)(E) by the 
                        Technical Panel established under section 
                        113(h)(3); and
                            ``(iii) the payment will leave sufficient 
                        amounts in the Fund to pay the relocation or 
                        sharing costs that will be incurred by eligible 
                        Federal entities to complete the implementation 
                        of all transition plans that, as of the date of 
                        the certification, have been found sufficient 
                        by the Technical Panel under section 
                        113(h)(4).''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (D)(ii), by inserting after 
                ``60 days'' the following: ``(or, in the case of a 
                payment under paragraph (1)(C), 30 days)''; and
                    (B) by adding at the end the following:
                    ``(F) Consultation regarding sharing frequencies on 
                unlicensed basis.--If a Federal entity that receives a 
                payment under subparagraph (A) determines, in carrying 
                out activities under a plan approved by the Technical 
                Panel under subparagraph (E), that it is not feasible 
                for such Federal entity to make available frequencies 
                described in such plan for reallocation for non-Federal 
                use or shared Federal and non-Federal use, or a 
                combination thereof, and for auction in accordance with 
                such reallocation--
                            ``(i) such Federal entity shall submit to 
                        the NTIA a certification stating the 
                        determination; and
                            ``(ii) the NTIA shall consult with the 
                        Commission and such Federal entity regarding 
                        whether such frequencies may be shared with 
                        non-Federal entities on an unlicensed basis.''.

SEC. 3. INCLUSION OF SPECTRUM SHARING IN ANNUAL NTIA REPORT ON 
              RELOCATION.

    Section 207 of the Commercial Spectrum Enhancement Act (47 U.S.C. 
928 note) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``or sharing of'' after 
                ``relocation from''; and
                    (B) by striking ``section 118(d)(2)(A)'' and 
                inserting ``section 118(d)(2)(B)''; and
            (2) in paragraph (2)--
                    (A) by striking ``relocated communication system'' 
                and inserting ``such communication system'';
                    (B) by striking ``relocation costs'' and inserting 
                ``relocation or sharing costs''; and
                    (C) by striking ``relocations costs'' and inserting 
                ``relocation or sharing costs''.

SEC. 4. STUDIES ON REALLOCATION OF CERTAIN FEDERAL SPECTRUM.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this Act, each Federal entity that, as of such date of 
enactment, is operating on spectrum between the frequencies of 3450 
megahertz to 3550 megahertz, inclusive, shall--
            (1) request a payment under section 118(g)(2) of the 
        National Telecommunications and Information Administration 
        Organization Act (47 U.S.C. 928(g)(2)) for the purpose of 
        conducting a study of any such frequencies on which such entity 
        operates in order to determine the feasibility of the 
        reallocation of such frequencies, or a portion thereof, for 
        non-Federal use or shared Federal and non-Federal use, or a 
        combination thereof, and auction in accordance with such 
        reallocation; and
            (2) if such Federal entity receives such payment--
                    (A) conduct such study; and
                    (B) submit to the appropriate committees of 
                Congress and the Secretary a report on the results of 
                such study.
    (b) Conditions and Limitations.--
            (1) Receipt of payment.--A Federal entity is not required 
        to conduct a study under subsection (a) if such entity requests 
        such payment in accordance with section 118(g)(2) of the 
        National Telecommunications and Information Administration 
        Organization Act (47 U.S.C. 928(g)(2)) but does not receive 
        such payment.
            (2) Inability to achieve comparable capability of 
        systems.--If it is found in a study conducted under subsection 
        (a) that any Federal entity operating on spectrum with respect 
        to which the study is conducted would not be able to achieve 
        comparable capability of systems in the case of the 
        reallocation of such spectrum or a portion thereof for non-
        Federal use or shared Federal and non-Federal use, or a 
        combination thereof, and auction in accordance with such 
        reallocation, the Federal entity that conducted the study shall 
        submit to the National Telecommunications and Information 
        Administration and the Director of the Office of Management and 
        Budget a certification stating such finding.

SEC. 5. IDENTIFICATION, REALLOCATION, AND AUCTION OF CERTAIN FEDERAL 
              SPECTRUM.

    (a) Identification of Spectrum.--Not later than January 1, 2025, 
the Secretary shall--
            (1) for the frequencies with respect to which a Federal 
        entity makes an affirmative feasibility determination under 
        section 4(a), determine whether the Secretary concurs with the 
        determination of the Federal entity; and
            (2) if the Secretary concurs with the determination of the 
        Federal entity, submit to the President and the Commission a 
        report identifying for reallocation the frequencies with 
        respect to which the Federal entity made the determination.
    (b) Clearing of Spectrum.--The President shall--
            (1) not later than 180 days after the Secretary submits a 
        report under subsection (a)(2), begin the process of 
        withdrawing or modifying the assignment to a Federal Government 
        station of the frequencies identified in such report; and
            (2) not later than 30 days after completing the withdrawal 
        or modification, notify the Commission that the withdrawal or 
        modification is complete.
    (c) Reallocation and Auction.--
            (1) In general.--The Commission shall--
                    (A) reallocate the frequencies identified in a 
                report under subsection (a)(2) for non-Federal use or 
                shared Federal and non-Federal use, or a combination 
                thereof; and
                    (B) notwithstanding paragraph (15)(A) of section 
                309(j) of the Communications Act of 1934 (47 U.S.C. 
                309(j)), not later than January 1, 2026, begin a system 
                of competitive bidding under such section to grant new 
                initial licenses for the use of such frequencies, 
                subject to flexible-use service rules.
            (2) Proceeds to cover 110 percent of federal relocation or 
        sharing costs.--Nothing in this section shall be construed to 
        relieve the Commission from the requirements of section 
        309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 
        309(j)(16)(B)).
    (d) Auction Authority.--Section 309(j)(11) of the Communications 
Act of 1934 (47 U.S.C. 309(j)(11)) is amended--
            (1) by striking the period at the end and inserting ``; 
        and'';
            (2) by striking ``except that, with respect to'' and 
        inserting ``except that--
                    ``(A) with respect to''; and
            (3) by adding at the end the following:
                    ``(B) with respect to the frequencies identified 
                under section 5(a)(2) of the SPECTRUM NOW Act, such 
                authority shall expire on September 30, 2027.''.
    (e) Relationship to Spectrum Pipeline Identification Requirement.--
The identification of frequencies under subsection (a)(2), withdrawal 
or modification of the assignment to a Federal Government station of 
such frequencies under subsection (b), or reallocation or auction of 
such frequencies under subsection (c) does not preclude such 
frequencies from being identified under section 1006(c) of the Spectrum 
Pipeline Act of 2015 (Public Law 114-74; 129 Stat. 624).

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Appropriations of the House of 
                Representatives;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (D) the Committee on Commerce, Science, and 
                Transportation of the Senate.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) Comparable capability of systems.--The term 
        ``comparable capability of systems'' has the meaning described 
        in section 113(g)(3)(B) of the National Telecommunications and 
        Information Administration Organization Act (47 U.S.C. 
        923(g)(3)(B)).
            (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) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
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