I 112th CONGRESS 2d Session H. R. 4817 IN THE HOUSE OF REPRESENTATIVES April 26, 2012 Mr. Stearns (for himself and Ms. Matsui) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the reallocation and auction for commercial use of the electromagnetic spectrum between the frequencies from 1755 megahertz to 1780 megahertz.

1.

Short title

This Act may be cited as the Efficient Use of Government Spectrum Act of 2012.

2.

Reallocation and auction of 1755–1780 MHz band

(a)

Withdrawal or modification of Federal Government station assignments

The President shall— (1)not later than 5 years after the date of the enactment of this Act, withdraw or modify the assignment to a Federal Government station of the electromagnetic spectrum described in subsection (e); and (2)not later than 30 days after completing the withdrawal or modification, notify the Commission that the withdrawal or modification is complete. (b)

Reallocation and auction

Notwithstanding paragraph (15)(A) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), not later than 3 years after the date of the enactment of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112–96), the Commission shall— (1)reallocate the electromagnetic spectrum described in subsection (e) for commercial use; and (2)as part of the system of competitive bidding required by section 6401(b)(1)(B) of such Act (47 U.S.C. 1451(b)(1)(B)), grant new initial licenses, subject to flexible-use service rules, for the use of such spectrum, paired with the spectrum between the frequencies from 2155 megahertz to 2180 megahertz, inclusive. (c)

Auction proceeds

For purposes of depositing the proceeds from the competitive bidding described in subsection (b)(2) that are attributable to the electromagnetic spectrum described in subsection (e), such spectrum shall be treated as spectrum that is required to be auctioned by section 6401(b)(1)(B) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1451(b)(1)(B)). (d)

Relocation of and sharing by Federal Government stations

(1)

Relocation prioritized over sharing

Except as provided in paragraph (2), the President shall withdraw under subsection (a)(1) the assignments to all Federal Government stations of the electromagnetic spectrum described in subsection (e). (2)

Sharing if relocation not possible

(A)

In general

If the President determines, based on an operational impact assessment, that a Federal Government station cannot be relocated from the electromagnetic spectrum described in subsection (e) without jeopardizing essential military capability, the President shall modify under subsection (a)(1) the assignment to such station of such spectrum to permit shared Federal and non-Federal use. (B)

Identification of stations

Not later than 18 months prior to the commencement of the competitive bidding described in subsection (b)(2), the President shall— (i)identify any Federal Government stations the assignments of which will be modified in accordance with subparagraph (A); and (ii)notify— (I)the Assistant Secretary of any stations so identified; and (II)each Federal entity that operates such a station that the station has been so identified. (C)

Development of transition plan

For any station identified by the President under subparagraph (B)(i), the transition plan required by section 113(h)(1) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(h)(1)) shall enable non-Federal users to share with such station the electromagnetic spectrum described in subsection (e). Where exclusion zones are necessary for the protection of essential military capability, such plan shall provide for the smallest possible zones consistent with such protection. (e)

Spectrum described

The electromagnetic spectrum described in this subsection is the spectrum between the frequencies from 1755 megahertz to 1780 megahertz, inclusive. (f)

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.