117 S4117 IS: Spectrum Innovation Act of 2022
U.S. Senate
2022-04-28
text/xml
EN
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II
117th CONGRESS
2d Session
S. 4117
IN THE SENATE OF THE UNITED STATES
April 28, 2022
Mr. Luján (for himself and Mr. Thune) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To make available additional frequencies in the 3.1–3.45 GHz band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, and for other purposes.
1.

Short title
This Act may be cited as the “Spectrum Innovation Act of 2022”.
2.

Spectrum auctions and innovation
(a)

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.
(3)

Covered band
The term covered band means the band of frequencies between 3100 megahertz and 3450 megahertz, inclusive.
(4)

Federal entity
The term Federal entity has the meaning given the term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)).
(5)

Relevant congressional committees
The term relevant congressional committees means—
(A)
the Committee on Commerce, Science, and Transportation of the Senate;
(B)
the Committee on Armed Services of the Senate;
(C)
the Committee on Energy and Commerce of the House of Representatives; and
(D)
the Committee on Armed Services of the House of Representatives.
(6)

Secretary
The term Secretary means the Secretary of Commerce.
(b)

3.1–3.45 GHz band
(1)

Pipeline funding
(A)

In general
Immediately following the approval under subparagraph (E) of subsection (g)(2) of section 118 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928) of a plan submitted under subparagraph (D)(i)(I) of such subsection by a Federal entity with operations in the covered band, the Director of the Office of Management and Budget shall transfer to such Federal entity from the Spectrum Relocation Fund established under such section $50,000,000 for such Federal entity to carry out activities described in subparagraph (A) of such subsection in order to make available the entire covered band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, including by making available—
(i)
frequencies in the covered band for identification by the Secretary under paragraph (2)(A); and
(ii)
frequencies in the covered band for identification by the Secretary under paragraph (2)(B).
(B)

Exemption
Section 118(g)(2)(D)(ii) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(g)(2)(D)(ii)) shall not apply with respect to the payment required under subparagraph (A).
(C)

Oversight
The Assistant Secretary and the Executive Office of the President shall continuously review and provide oversight of the activities carried out using a payment under subparagraph (A).
(D)

Report to secretary of commerce and congress
Not later than 18 months after the date of enactment of this Act, for the purposes of aiding the Secretary in making the identification under paragraph (2), and informed by the activities carried out using a payment under subparagraph (A), any Federal entity receiving such a payment, in consultation with the Assistant Secretary and the Executive Office of the President, shall submit to the Secretary and the relevant congressional committees a report that—
(i)
contains the findings of the activities carried out using such payment; and
(ii)
recommends—
(I)
frequencies in the covered band for identification by the Secretary under paragraph (2)(A); and
(II)
frequencies in the covered band for identification by the Secretary under paragraph (2)(B).
(2)

Identification
Not later than 2 years after the date of enactment of this Act, informed by the activities carried out using a payment under paragraph (1)(A) and the report required under paragraph (1)(D), the Secretary, in consultation with the Secretary of Defense, the Director of the Office of Science and Technology Policy, and the Commission, shall submit to the President, the Commission, and the relevant congressional committees a report that—
(A)
identifies for inclusion in a system of competitive bidding under paragraph (3) at least 200 megahertz of frequencies in the covered band for non-Federal use, shared Federal and non-Federal use, or a combination thereof; and
(B)
identifies additional frequencies in the covered band that could be made available for non-Federal use, shared Federal and non-Federal use, or a combination thereof.
(3)

Auction
(A)

In general
Not later than 7 years after the date of enactment of this Act, the Commission, in coordination with the Assistant Secretary, shall commence a system of competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), in accordance with paragraph (2) of this subsection, of the frequencies identified under subparagraph (A) of that paragraph.
(B)

Prohibition
No entity that is on the list required by section 2 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601) may participate in the system of competitive bidding required under subparagraph (A).
(C)

Scope
The Commission may not include in the system of competitive bidding required under subparagraph (A) any frequencies that are not in the covered band.
(4)

Modification or withdrawal
(A)

In general
The President shall modify or withdraw any assignment to a Federal Government station of the frequencies identified under paragraph (2)(A) to accommodate non-Federal use, shared Federal and non-Federal use, or a combination thereof in accordance with that paragraph.
(B)

Limitations
The President may not modify or withdraw any assignment to a Federal Government station, as described in subparagraph (A)—
(i)
unless the President determines that such modification or withdrawal will not compromise the primary mission of a Federal entity operating in the covered band; or
(ii)
before November 30, 2024.
(5)

Auction proceeds to cover 110 percent of federal relocation or sharing costs
Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)).
(6)

Rules authorizing additional use of spectrum in covered band
Not later than 4 years after the date of enactment of this Act, the Commission, in coordination with the Assistant Secretary, shall adopt rules that authorize the use of spectrum in the covered band identified under paragraph (2)(B) for non-Federal use, shared Federal and non-Federal use, or a combination thereof.
(c)

FCC auction authority
(1)

Termination
Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking “2025” and all that follows and inserting “2025, and with respect to the electromagnetic spectrum identified under section 2(b)(2)(A) of the Spectrum Innovation Act of 2022, such authority shall expire on the date that is 7 years after the date of enactment of that Act.”.
(2)

Spectrum Pipeline Act of 2015
Section 1004 of the Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note; Public Law 114–74) is amended—
(A)
in subsection (a), by striking “2022” and inserting “2024”; and
(B)
in subsection (b)(1), by striking “2022” and inserting “2024”.
(d)

Repeal
Section 90008 of the Infrastructure Investment and Jobs Act (47 U.S.C. 921 note; Public Law 117–58), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed.