Spectrum Coordination Act

Bill: 118-hr-1341
Sponsor: full_name: Rep. Balderson, Troy [R-OH-12]
Introduced: 2023-03-03
Policy area: Science, Technology, Communications
Subjects: Government information and archives

Radio spectrum allocation

Telephone and wireless communication
Latest action: action_date: 2023-03-24
text: Ordered to be Reported by the Yeas and Nays: 49 - 0.

Summaries:
action_date: 2023-03-03
action_desc: Introduced in House
text: <p><b>Spectrum Coordination Act</b></p> <p>This bill requires periodic updates to the memorandum of understanding (MOU) that guides federal efforts to coordinate the efficient management and use of the electromagnetic spectrum. It also requires documentation of interagency coordination during spectrum actions.</p> <p>Specifically, the Federal Communications Commission (FCC) and the National Telecommunications and Information Administration (NTIA) must update the current MOU within three years and then update subsequent MOUs at least every four years thereafter.</p> <p>Additionally, the NTIA and the FCC must document their efforts to coordinate the identification and resolution of technical, procedural, or policy concerns of federal entities that are affected by a spectrum action (i.e., a proposed action by the FCC to reallocate spectrum that is anticipated to result in an auction or licensing that could potentially impact the spectrum operations of a federal entity). </p> <p>In particular, the NTIA must file specified information in the public record during the period for submitting comments about the spectrum action. The information must include (1) the date on which the FCC notified the NTIA about the action, (2) a list of federal entities that may be affected by the action, (3) the date on which the NTIA notified those entities about the action, and (4) a summary of concerns with the action raised by affected entities.</p> <p>The bill also requires the FCC to include in any final rule for a spectrum action an interagency coordination summary that describes (1) the date the FCC notified the NTIA about the spectrum action, (2) whether federal entities raised concerns, and (3) how any concerns were resolved.</p>

tv_txt: I 118th CONGRESS 1st Session H. R. 1341 IN THE HOUSE OF REPRESENTATIVES March 3, 2023 Mr. Balderson (for himself and Ms. Kuster ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To improve Federal coordination with respect to spectrum management, and for other purposes.

1. Short title This Act may be cited as the Spectrum Coordination Act . 2. Improving spectrum management Part A of the National Telecommunications and Information Administration Organization Act is amended by adding at the end the following: 106. Improving spectrum management (a) Federal coordination procedures (1) Notice With respect to each spectrum action, the Assistant Secretary shall file in the public record with respect to such spectrum action, not later than the end of the period for submitting comments to the Commission with respect to such spectrum action, information (redacted as necessary if the information is protected from disclosure for a reason described in paragraph (3)) regarding— (A) the date on which the Commission provided to the Assistant Secretary notice of the spectrum action, as required under the Memorandum; (B) the Federal entities that may be impacted by the spectrum action; (C) the date on which the Assistant Secretary provided to the Federal entities described in subparagraph (B) notice of the spectrum action; (D) a summary of technical or procedural concerns, if any, of Federal entities with respect to the spectrum action; and (E) a summary of policy concerns, if any, of the Assistant Secretary with respect to the spectrum action. (2) Final rule If the Commission promulgates a final rule under section 553 of title 5, United States Code, involving a spectrum action, the Commission shall prepare, make available to the public, and publish in the Federal Register along with the final rule an interagency coordination summary that describes— (A) the date on which the Commission provided to the Assistant Secretary notice of the spectrum action, as required under the Memorandum; (B) whether concerns were raised under subparagraph (D) or subparagraph (E) of paragraph (1) and, if so, the concerns raised; and (C) how any such concerns were resolved. (3) Rule of construction Nothing in this subsection may be construed to require the disclosure of classified information, or other information reflecting technical, procedural, or policy concerns that are exempt from disclosure under section 552 of title 5, United States Code. (b) Memorandum (1) Memorandum updates Not later than 3 years after the date of the enactment of this section, and not less frequently than every 4 years thereafter, the Commission and the NTIA shall update the Memorandum. (2) Nature of updates In updating the Memorandum under paragraph (1), the Commission and the NTIA shall ensure that each update reflects changing technological, procedural, and policy circumstances, as determined necessary and appropriate by the Commission and the NTIA. (c) Definitions In this section: (1) Memorandum The term Memorandum means the Memorandum of Understanding between the Commission and the NTIA (relating to increased coordination between Federal spectrum management agencies to promote the efficient use of the radio spectrum in the public interest), signed on August 1, 2022, or any successor memorandum. (2) Spectrum action The term spectrum action means any proposed action by the Commission to reallocate radio frequency spectrum that is anticipated to result in a system of competitive bidding conducted under section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) ) or licensing that could potentially impact the spectrum operations of a Federal entity. .