Title: WIN 5G Act
Policy area: Science, Technology, Communications

Summary:
Wireless Investment Now in 5G Act or the WIN 5G Act
This bill addresses wireless network technology, including by requiring the Federal Communications Commission to designate a transition facilitator (i.e., an organization consisting of all satellite operators providing mid-band spectrum) to create a transition plan for reallocating mid-band spectrum.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4171 Introduced in House (IH)]

<DOC>






116th CONGRESS
  1st Session
                                H. R. 4171

 To provide for a transition process to make electromagnetic spectrum 
between the frequencies of 3700 megahertz and 4200 megahertz available 
for allocation and auction, to make available Federal spectrum for non-
   Federal use or shared Federal and non-Federal use, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 6, 2019

  Ms. Matsui introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To provide for a transition process to make electromagnetic spectrum 
between the frequencies of 3700 megahertz and 4200 megahertz available 
for allocation and auction, to make available Federal spectrum for non-
   Federal use or shared Federal and non-Federal use, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Wireless 
Investment Now in 5G Act'' or the ``WIN 5G Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Rule of construction.
                TITLE I--TRANSITION OF CERTAIN SPECTRUM

Sec. 101. Transition of spectrum between 3700 megahertz and 4200 
                            megahertz.
                TITLE II--FEDERAL SPECTRUM AVAILABILITY

Sec. 201. Costs of spectrum research and development and planning 
                            activities.
Sec. 202. Inclusion of spectrum sharing in annual NTIA report on 
                            relocation.
Sec. 203. Studies on reallocation of certain Federal spectrum.
Sec. 204. Identification, reallocation, and auction of certain Federal 
                            spectrum.
Sec. 205. Definitions.
                TITLE III--NTIA RESEARCH AND DEVELOPMENT

Sec. 301. NTIA independent research and development costs.
                  TITLE IV--RURAL BROADBAND DEPLOYMENT

Sec. 401. Rural Broadband Deployment Fund.

SEC. 2. 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.

SEC. 3. RULE OF CONSTRUCTION.

    Each range of frequencies described in this Act shall be construed 
to be inclusive of the upper and lower frequencies in the range.

                TITLE I--TRANSITION OF CERTAIN SPECTRUM

SEC. 101. TRANSITION OF SPECTRUM BETWEEN 3700 MEGAHERTZ AND 4200 
              MEGAHERTZ.

    (a) Designation of Transition Facilitator.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Commission shall designate to 
        serve as the Transition Facilitator for purposes of this 
        section an organization that--
                    (A) consists of all satellite operators providing 
                service using spectrum between the frequencies of 3700 
                megahertz and 4200 megahertz to the continental United 
                States pursuant to a license or grant of market access 
                issued by the Commission; and
                    (B) agrees to serve as the Transition Facilitator 
                and to carry out the duties of the Transition 
                Facilitator under this section.
            (2) Exception.--The Commission may designate under 
        paragraph (1) an organization consisting of less than all 
        satellite operators described in subparagraph (A) of such 
        paragraph if--
                    (A) any satellite operator described in such 
                subparagraph that is not part of such organization--
                            (i) notifies the Commission that such 
                        operator does not wish to be part of the 
                        Transition Facilitator; or
                            (ii) is otherwise determined by the 
                        Commission not to be necessary to be part of 
                        the Transition Facilitator; and
                    (B) the organization designated by the Commission 
                consists of not fewer than 4 satellite operators 
                described in such subparagraph.
    (b) Transition Facilitation Plan.--
            (1) Submission by transition facilitator.--Not later than 
        120 days after the Transition Facilitator is designated under 
        subsection (a), the Transition Facilitator shall submit to the 
        Commission and the appropriate committees of Congress a 
        transition facilitation plan for the spectrum between the 
        frequencies of 3700 megahertz and 4200 megahertz that contains 
        the information required by paragraph (2).
            (2) Required contents.--The transition facilitation plan 
        shall contain the following:
                    (A) A specification of the amount of spectrum 
                between the frequencies of 3700 megahertz and 4200 
                megahertz that the Transition Facilitator determines 
                can be cleared in each geographic area in the 
                continental United States, together with--
                            (i) a demonstration that the amount of 
                        spectrum specified for each such area is the 
                        maximum amount of spectrum in such area that 
                        can be made available for the assignment of 
                        licenses through a system of competitive 
                        bidding under subsection (c)(1); and
                            (ii) a demonstration that end users will 
                        receive service after the implementation of the 
                        transition facilitation plan that is comparable 
                        in quality to service received before the 
                        implementation of the transition facilitation 
                        plan.
                    (B) A service migration plan, including--
                            (i) a description, for each geographic area 
                        in the continental United States, of any 
                        activities that will be conducted or measures 
                        that will be taken by the Transition 
                        Facilitator to ensure the continuation of 
                        services corresponding to an earth station 
                        receiving transmissions using spectrum between 
                        the frequencies of 3700 megahertz and 4200 
                        megahertz; and
                            (ii) a description of any other activities 
                        that will be conducted or measures that will be 
                        taken by the Transition Facilitator to 
                        implement the service migration plan.
                    (C) A technical migration plan, including a 
                description of any activities or measures necessary to 
                ensure continuation of service to incumbent end users.
                    (D) An end user protection plan, including--
                            (i) any documentation received by the 
                        Transition Facilitator from end users of any 
                        activities, measures, or equipment necessary to 
                        ensure end users receive service after the 
                        implementation of the transition facilitation 
                        plan that is comparable in quality to service 
                        received before the implementation of the 
                        transition facilitation plan; and
                            (ii) any reasonable requests from end users 
                        for inclusion of estimated costs under 
                        subparagraph (E)(ii).
                    (E) An estimate of the costs expected to be 
                incurred by--
                            (i) the Transition Facilitator for 
                        activities, measures, or equipment necessary to 
                        clear spectrum in accordance with the 
                        transition facilitation plan in each geographic 
                        area in the continental United States, 
                        including any necessary equipment associated 
                        with migrating services; and
                            (ii) end users in each geographic area in 
                        the continental United States for activities, 
                        measures, or equipment necessary to clear 
                        spectrum in accordance with the transition 
                        facilitation plan, including costs to migrate 
                        services to--
                                    (I) alternative technologies; or
                                    (II) spectrum other than spectrum 
                                between the frequencies of 3700 
                                megahertz and 4200 megahertz.
                    (F) A proceeds division plan stating a method by 
                which the portion of the proceeds of a system of 
                competitive bidding under paragraph (1) of subsection 
                (c) that is paid to the Transition Facilitator under 
                paragraph (3)(A)(i)(II) of such subsection may be 
                divided between--
                            (i) entities that comprise the Transition 
                        Facilitator; and
                            (ii) licensees and registrants of earth 
                        stations receiving signals between the 
                        frequencies of 3700 megahertz and 4200 
                        megahertz.
            (3) Review by commission.--Not later than 60 days after the 
        submission of the transition facilitation plan under paragraph 
        (1), the Commission shall--
                    (A) review such plan to determine whether such plan 
                contains the information required by paragraph (2); and
                    (B) submit to the Transition Facilitator and the 
                appropriate committees of Congress a report on the 
                determination under subparagraph (A), including, if the 
                Commission determines that any such information is 
                omitted or inadequate--
                            (i) a description of the omitted or 
                        inadequate information; and
                            (ii) if the Commission determines that the 
                        transition facilitation plan does not contain 
                        an adequate demonstration of a matter specified 
                        in clause (i) or (ii) of paragraph (2)(A), the 
                        steps that the Commission determines are 
                        necessary to correct the inadequacy.
            (4) Opportunity to cure omission or inadequacy.--
                    (A) Submission of revised plan.--If the Commission 
                determines under paragraph (3)(A) that any information 
                required by paragraph (2) to be in the transition 
                facilitation plan is omitted or inadequate, the 
                Transition Facilitator shall, not later than 90 days 
                after receiving the report of the Commission under 
                paragraph (3)(B), submit a revised transition 
                facilitation plan to cure the omission or inadequacy.
                    (B) Review of revised plan.--Not later than 60 days 
                after the submission of a revised transition 
                facilitation plan under subparagraph (A), the 
                Commission shall--
                            (i) review such plan to determine whether 
                        such plan contains the information required by 
                        paragraph (2); and
                            (ii) submit to the Transition Facilitator 
                        and the appropriate committees of Congress a 
                        report on the determination under clause (i), 
                        including, if the Commission determines that 
                        any such information is omitted or inadequate, 
                        a description of the omitted or inadequate 
                        information.
                    (C) Effect of failure to cure.--If the Transition 
                Facilitator fails to submit a revised transition 
                facilitation plan as required by subparagraph (A), 
                subsections (c), (d), and (e) shall not apply.
            (5) Modifications by commission.--
                    (A) In general.--If the Commission determines under 
                paragraph (4)(B)(i) that information required by 
                paragraph (2) is omitted or inadequate in a revised 
                transition facilitation plan submitted by the 
                Transition Facilitator under paragraph (4)(A), the 
                Commission shall, after public notice and an 
                opportunity for public comment, modify such plan in 
                order to cure the omission or inadequacy.
                    (B) Limitation.--In making any modification under 
                subparagraph (A), the Commission--
                            (i) may not, subject to subparagraph 
                        (A)(ii), change the amount of spectrum to be 
                        cleared in each geographic area under such 
                        plan; and
                            (ii) shall ensure that any such 
                        modification does not harm end users.
                    (C) Deadline.--The Commission shall complete any 
                modification under subparagraph (A) not later than 90 
                days after the date on which the Commission submits the 
                report required by paragraph (4)(B)(ii).
                    (D) Report.--Not later than 30 days after 
                completing any modification under subparagraph (A), the 
                Commission shall submit to the Transition Facilitator 
                and the appropriate committees of Congress a report 
                that contains the modified transition facilitation 
                plan.
    (c) Assignment of Licenses Through Competitive Bidding.--
            (1) In general.--Consistent with the transition 
        facilitation plan submitted under paragraph (1) of subsection 
        (b) or the revised transition facilitation plan submitted under 
        paragraph (4)(A) of such subsection (including any modification 
        of such plan by the Commission under paragraph (5)(A) of such 
        subsection), as the case may be, the Commission shall--
                    (A) allocate the spectrum to be cleared in each 
                geographic area in the continental United States, as 
                specified under subsection (b)(2)(A), for terrestrial 
                use (other than the use for which such spectrum is 
                allocated on the date of the enactment of this Act);
                    (B) modify the spectrum usage rights of each 
                satellite operator providing service and each end user 
                using such spectrum (including any such operator that 
                is not part of the Transition Facilitator, as provided 
                in subsection (a)(2)) so as to effect the removal of 
                the co-primary allocation protection afforded to such 
                operator with respect to the use of such spectrum for 
                satellite service (except with respect to a limited 
                number of telemetry, tracking, and command sites, as 
                the Commission considers necessary); and
                    (C) through a system of competitive bidding under 
                section 309(j) of the Communications Act of 1934 (47 
                U.S.C. 309(j)), assign licenses for the use of such 
                spectrum.
            (2) Deadline.--The Commission shall complete the actions 
        required by paragraph (1) not later than--
                    (A) if the Commission determines under paragraph 
                (3)(A) of subsection (b) that the transition 
                facilitation plan submitted under paragraph (1) of such 
                subsection contains the information required by 
                paragraph (2) of such subsection, the date that is 6 
                months after the Commission submits the report required 
                by paragraph (3)(B) of such subsection; or
                    (B) if the Commission determines under paragraph 
                (3)(A) of subsection (b) that the transition 
                facilitation plan submitted under paragraph (1) of such 
                subsection does not contain the information required by 
                paragraph (2) of such subsection--
                            (i) if the Commission determines under 
                        subparagraph (B)(i) of paragraph (4) of 
                        subsection (b) that the revised transition 
                        facilitation plan submitted under subparagraph 
                        (A) of such paragraph contains the information 
                        required by paragraph (2) of such subsection, 
                        the date that is 6 months after the Commission 
                        submits the report required by subparagraph 
                        (B)(ii) of such paragraph (4); or
                            (ii) if the Commission determines under 
                        subparagraph (B)(i) of paragraph (4) of 
                        subsection (b) that the revised transition 
                        facilitation plan submitted under subparagraph 
                        (A) of such paragraph does not contain the 
                        information required by paragraph (2) of such 
                        subsection, the date that is 6 months after the 
                        Commission completes the modification required 
                        by paragraph (5)(A) of such subsection.
            (3) Use of proceeds.--
                    (A) In general.--Notwithstanding subparagraphs (A) 
                and (C)(i) of section 309(j)(8) of the Communications 
                Act of 1934 (47 U.S.C. 309(j)(8)), in the case of the 
                proceeds from the use of a system of competitive 
                bidding under paragraph (1) that are attributable to 
                the licenses assigned in a geographic area in the 
                continental United States (including deposits and 
                upfront payments from successful bidders and excluding 
                the costs retained by the salaries and expenses account 
                of the Commission under subparagraph (B) of such 
                section)--
                            (i) the Commission shall pay the Transition 
                        Facilitator an amount of such proceeds that is 
                        equal to the sum of--
                                    (I) the costs reasonably incurred 
                                and documented by the Transition 
                                Facilitator for activities, measures, 
                                or equipment necessary to clear 
                                spectrum in such geographic area in 
                                accordance with the transition 
                                facilitation plan submitted under 
                                paragraph (1) of subsection (b) or the 
                                revised transition facilitation plan 
                                submitted under paragraph (4)(A) of 
                                such subsection (including any 
                                modification of such plan by the 
                                Commission under paragraph (5)(A) of 
                                such subsection), as the case may be; 
                                and
                                    (II) a percentage of such proceeds 
                                (excluding the amount of the costs 
                                described in subclause (I) and any 
                                amounts paid to end users under clause 
                                (ii) with respect to such geographic 
                                area) determined under subparagraph 
                                (B);
                            (ii) the Commission shall pay each end user 
                        an amount of such proceeds that is equal to the 
                        costs (if any) reasonably incurred and 
                        documented by such end user for activities, 
                        measures, or equipment necessary to clear 
                        spectrum in accordance with the transition 
                        facilitation plan in such geographic area, 
                        including costs to migrate services in such 
                        geographic area to alternative technologies or 
                        to spectrum other than spectrum between the 
                        frequencies of 3700 megahertz and 4200 
                        megahertz; and
                            (iii) the remainder of such proceeds shall 
                        be deposited in the Rural Broadband Deployment 
                        Fund established by section 401.
                    (B) Percentage of proceeds determined.--The 
                percentage of proceeds determined under this 
                subparagraph with respect to a geographic area is the 
                following:
                            (i) If the amount of spectrum cleared in 
                        such geographic area is less than 100 
                        megahertz, 0 percent.
                            (ii) If the amount of spectrum cleared in 
                        such geographic area is 100 megahertz or 
                        greater but less than 200 megahertz, 10 
                        percent.
                            (iii) If the amount of spectrum cleared in 
                        such geographic area is 200 megahertz or 
                        greater but less than 300 megahertz, 35 
                        percent.
                            (iv) If the amount of spectrum cleared in 
                        such geographic area is 300 megahertz or 
                        greater but less than 400 megahertz, 75 
                        percent.
                            (v) If the amount of spectrum cleared in 
                        such geographic area is 400 megahertz or 
                        greater but less than 500 megahertz, 90 
                        percent.
                            (vi) If the amount of spectrum cleared in 
                        such geographic area is 500 megahertz, 100 
                        percent.
                    (C) Treatment of guard bands.--In the case of 
                spectrum that is designated as a guard band after the 
                reallocation required by paragraph (1), such spectrum 
                shall be treated as having been cleared for purposes of 
                determining the percentage of proceeds under 
                subparagraph (B), except that not more than 20 
                megahertz of spectrum in each geographic area may be so 
                treated.
                    (D) Proceeds adjustments.--The Commission shall 
                increase the percentage of proceeds determined with 
                respect to a geographic area under subparagraph (B) 
                (except for clause (vi) of such subparagraph) by 5 
                percent if--
                            (i) the Commission determines under 
                        paragraph (3)(A) of subsection (b) that the 
                        transition facilitation plan submitted under 
                        paragraph (1) of such subsection contains the 
                        information required by paragraph (2) of such 
                        subsection; and
                            (ii) not later than 30 days after the 
                        Commission makes the determination described in 
                        clause (i), the Transition Facilitator 
                        demonstrates to the Commission that the 
                        Transition Facilitator has taken any steps 
                        necessary to clear spectrum in such geographic 
                        area in accordance with the transition 
                        facilitation plan.
    (d) Implementation of Transition Facilitation Plan.--The Commission 
may not make a payment to the Transition Facilitator under subsection 
(c)(3) until the Transition Facilitator has fully implemented the 
transition facilitation plan submitted under paragraph (1) of 
subsection (b) or the revised transition facilitation plan submitted 
under paragraph (4)(A) of such subsection (including any modification 
of such plan by the Commission under paragraph (5)(A) of such 
subsection), as the case may be, except for the portion of such plan 
required by paragraph (2)(F) of such subsection.
    (e) Submission of Additional Transition Facilitation Plans.--Not 
later than 3 years after the Commission determines that the 
implementation of the transition facilitation plan submitted under 
paragraph (1) of subsection (b) or the revised transition facilitation 
plan submitted under paragraph (4)(A) of such subsection (including any 
modification of such plan by the Commission under paragraph (5)(A) of 
such subsection), as the case may be, is completed, the Transition 
Facilitator may submit an additional transition facilitation plan to 
the Commission to clear additional spectrum between the frequencies of 
3700 megahertz and 4200 megahertz. Except for the deadline for the 
submission of the transition facilitation plan under paragraph (1) of 
such subsection, any such additional transition facilitation plan shall 
be subject to this section in the same manner and to the same extent as 
the initial transition facilitation plan, and, not later than 3 years 
after the Commission determines that the implementation of such 
additional transition facilitation plan is completed, the Transition 
Facilitator may submit another additional transition facilitation plan 
as described in this subsection.
    (f) Definitions.--In this section:
            (1) Clear.--The term ``clear'' means, with respect to 
        electromagnetic spectrum between the frequencies of 3700 
        megahertz and 4200 megahertz, to make such spectrum available 
        for allocation and the assignment of licenses through a system 
        of competitive bidding under subsection (c)(1).
            (2) End user.--The term ``end user'' means any entity 
        that--
                    (A) is a licensee or registrant of an earth station 
                receiving signals between the frequencies of 3700 
                megahertz and 4200 megahertz; or
                    (B) receives or distributes programming or services 
                using spectrum between the frequencies of 3700 
                megahertz and 4200 megahertz.
            (3) Transition facilitator.--The term ``Transition 
        Facilitator'' means the organization designated under 
        subsection (a).

                TITLE II--FEDERAL SPECTRUM AVAILABILITY

SEC. 201. 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. 202. 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. 203. 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 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. 204. 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 203(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.--
                    (A) In general.--Notwithstanding subparagraphs (A), 
                (C)(i), and (D)(i) of section 309(j)(8) of the 
                Communications Act of 1934 (47 U.S.C. 309(j)(8)), in 
                the case of the proceeds from the use of a system of 
                competitive bidding under paragraph (1)(B) (including 
                deposits and upfront payments from successful bidders), 
                after the retention of costs by the salaries and 
                expenses account of the Commission under subparagraph 
                (B) of such section and the deposit in the Spectrum 
                Relocation Fund established by section 118 of the 
                National Telecommunications and Information 
                Administration Organization Act (47 U.S.C. 928) of such 
                portion of such proceeds as is necessary to cover the 
                relocation or sharing costs (as defined in section 
                113(g)(3) of such Act (47 U.S.C. 923(g)(3)) of Federal 
                entities with respect to such system of competitive 
                bidding and the amounts required to be made available 
                to the Director of the Office of Management and Budget 
                under subsections (f) and (g) of such section 118, the 
                remainder of such proceeds shall be deposited in the 
                Rural Broadband Deployment Fund established by section 
                401.
                    (B) Rule of construction.--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 204(a)(2) of the Wireless Investment Now 
                in 5G 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. 205. DEFINITIONS.

    In this title:
            (1) 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)).
            (2) 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)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

                TITLE III--NTIA RESEARCH AND DEVELOPMENT

SEC. 301. NTIA INDEPENDENT RESEARCH AND DEVELOPMENT COSTS.

    Section 118 of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 928) is amended by adding at 
the end the following:
    ``(j) NTIA Independent Research and Development Costs.--
            ``(1) In general.--Notwithstanding subsections (c) through 
        (e), from amounts described in paragraph (2), the Director of 
        OMB may transfer to the salaries and expenses account of the 
        NTIA such sums as may be necessary for costs incurred by the 
        NTIA to conduct independent research and development, 
        engineering studies, economic analyses, or other activities not 
        already subject to a plan approved under subsection (g)(2)(E) 
        and intended to improve the efficiency and effectiveness of the 
        spectrum use of Federal entities in order to make available 
        frequencies described in paragraph (3) 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.
            ``(2) Amounts described.--The amounts described in this 
        paragraph are amounts in the Fund from auctions of eligible 
        frequencies that are made available for reallocation and 
        auction primarily as a result of research and development, 
        engineering studies, economic analyses, or other activities 
        intended to improve the efficiency and effectiveness of the 
        spectrum use of Federal entities in order to make available 
        frequencies 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, that are 
        conducted by the NTIA after the date of the enactment of this 
        subsection, regardless of whether the NTIA conducts such 
        activities using amounts transferred to the NTIA under 
        paragraph (1).
            ``(3) Frequencies described.--The frequencies described in 
        this paragraph are frequencies that--
                    ``(A) are assigned to a Federal entity; and
                    ``(B) at the time when the activities described in 
                paragraph (1) are conducted, are not identified for 
                auction.
            ``(4) Availability of funds.--Amounts transferred under 
        paragraph (1) shall be available for obligation subject to the 
        terms and conditions of the receiving appropriations account 
        and shall remain available until expended.
            ``(5) No charge to federal agencies.--Notwithstanding any 
        other provision of law (including the terms and conditions of 
        an appropriations account referred to in paragraph (4)), the 
        NTIA may not charge any Federal agency for an activity 
        conducted using amounts transferred to the NTIA under paragraph 
        (1).
            ``(6) Rule of construction.--Nothing in this subsection 
        shall be construed to limit the availability to the NTIA to 
        conduct activities described in paragraph (1) of funds, other 
        than amounts transferred under such paragraph, that are 
        otherwise available to the NTIA to conduct such activities.''.

                  TITLE IV--RURAL BROADBAND DEPLOYMENT

SEC. 401. RURAL BROADBAND DEPLOYMENT FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the Rural Broadband Deployment 
Fund.
    (b) Availability of Funds.--To the extent or in the amounts 
provided in advance in appropriation Acts, amounts in the Rural 
Broadband Deployment Fund shall be available to the Commission to make 
payments to expand access to broadband in unserved and underserved 
areas.
    (c) No Combination With Other Support.--In making payments under 
subsection (b), the Commission may not combine such payments with any 
other support for broadband provided by the Commission.
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