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.