[House Report 117-287]
[From the U.S. Government Publishing Office]


117th Congress }                                          { Report
                        HOUSE OF REPRESENTATIVES
 2nd Session   }                                          { 117-287

======================================================================
 
                       SPECTRUM COORDINATION ACT

                                _______
                                

 March 31, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2501]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 2501) to require the National Telecommunications 
and Information Administration and the Federal Communications 
Commission to update the memorandum of understanding on 
spectrum coordination, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................2
 II. Background and Need for the Legislation..........................2
III. Committee Hearings...............................................3
 IV. Committee Consideration..........................................3
  V. Committee Votes..................................................4
 VI. Oversight Findings...............................................4
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures4
VIII.Federal Mandates Statement.......................................4

 IX. Statement of General Performance Goals and Objectives............4
  X. Duplication of Federal Programs..................................4
 XI. Committee Cost Estimate..........................................4
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......5
XIII.Advisory Committee Statement.....................................5

XIV. Applicability to Legislative Branch..............................5
 XV. Section-by-Section Analysis of the Legislation...................5
XVI. Changes in Existing Law Made by the Bill, as Reported............5

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Spectrum Coordination Act''.

SEC. 2. UPDATE OF MEMORANDUM OF UNDERSTANDING ON SPECTRUM COORDINATION 
                    BETWEEN NTIA AND FCC.

  Not later than December 31, 2022, the National Telecommunications and 
Information Administration and the Federal Communications Commission 
shall update the Memorandum of Understanding on Spectrum Coordination 
entered into in January 2003, to--
          (1) improve upon the process for resolving frequency 
        allocation disputes in shared or adjacent allocations between 
        the National Telecommunications and Information Administration 
        and the Federal Communications Commission to ensure that such 
        disputes are definitively resolved in an efficient and timely 
        manner;
          (2) ensure that spectrum is used efficiently; and
          (3) establish reasonable timelines for the exchange of 
        information between the National Telecommunications and 
        Information Administration and the Federal Communications 
        Commission in order to maintain effective spectrum coordination 
        and collaboration.

                         I. PURPOSE AND SUMMARY

    H.R. 2501, the ``Spectrum Coordination Act,'' requires the 
National Telecommunications and Information Administration 
(NTIA) and the Federal Communications Commission (FCC) to 
update their memorandum of understanding on spectrum 
coordination, which they entered into in January 2003. 
Specifically, NTIA and the FCC must update the memorandum of 
understanding to: (1) improve the process for resolving 
frequency allocation disputes between the two agencies to 
ensure that disputes are definitively resolved in an efficient 
and timely manner; (2) ensure that spectrum is used 
efficiently; and (3) establish reasonable timelines for the 
exchange of information between the two agencies in order to 
maintain effective spectrum coordination and collaboration.

                II. BACKGROUND AND NEED FOR LEGISLATION

    Congress has tasked NTIA and the FCC with oversight and 
management of the United States' spectrum resources.\1\ As part 
of its mandate, NTIA is tasked with managing federal spectrum 
use by allocating, in collaboration with the FCC, spectrum for 
exclusive and shared federal use. Similarly, the FCC is 
responsible for ensuring, among other things, that spectrum is 
made available for non-federal wireless use and used most 
efficiently. Thus, Congress has designated NTIA as the non-
biased arbiter of managing federal spectrum allocations, with 
the FCC serving as the non-biased arbiter tasked with managing 
non-federal spectrum allocations.
---------------------------------------------------------------------------
    \1\Communications Act of 1934, Pub. L. No. 73-416; National 
Telecommunications and Information Administration Organization Act, 
Pub. L. No. 102-538.
---------------------------------------------------------------------------
    In recent years, it has been made clear that the federal 
spectrum management process is not working as effectively as it 
could,\2\ in part because NTIA and the FCC have not updated 
their MOU on spectrum coordination since 2003.\3\ By statute, 
the NTIA has ``[t]he responsibility to ensure that the views of 
the executive branch on telecommunications matters are 
effectively presented to the [FCC].''\4\ Rather than working 
through NTIA, as the central repository and manager of federal 
spectrum, some federal agencies with spectrum allocations have 
circumvented this statutory process on several occasions, 
including with respect to discussions regarding changes to the 
lower 3 gigahertz (GHz), the 3.7-4.2 GHz, the 2.5 GHz, and the 
24 GHz bands, among others.
---------------------------------------------------------------------------
    \2\U.S. warns 5G wireless use could prompt flight diversions, 
Reuters (Dec. 7, 2021) (www.reuters.com/business/aerospace-defense/us-
warns-5g-wireless-use-could-prompt-flight-diversions-2021-12-07/).
    \3\Federal Communications Commission, FCC and NTIA Sign New 
Memorandum of Understanding on Spectrum Coordination (Jan. 31, 2003) 
(press release).
    \4\47 U.S.C. Sec. 902(b)(2)(J).
---------------------------------------------------------------------------
    Inefficient management and disregard for existing spectrum 
processes undermine the federal government's ability to 
maintain its leadership in the development of wireless 
technology on the global stage, including in international 
spectrum coordination proceedings, and more generally threatens 
national security and technological innovation efforts within 
the United States. These disputes also undermine certainty in 
the licensing process, which enables intensive use of both 
federal and non-federal spectrum. It is therefore imperative 
for NTIA to properly coordinate with the FCC in order to 
successfully oversee the nation's federal spectrum users.
    Accordingly, requiring NTIA and the FCC to revisit and 
revise their memorandum of understanding on spectrum 
coordination, as contemplated in H.R. 2501, will reaffirm the 
commitment of these two agencies to provide and allocate 
spectrum in a manner that will best serve American consumers, 
commercial wireless carriers, and federal agencies.

                        III. COMMITTEE HEARINGS

    For the purposes of clause 3(c) of rule XIII of the Rules 
of the House of Representatives, the following hearings were 
used to develop or consider H.R. 2501:
    The Subcommittee on Communications and Technology held a 
legislative hearing on October 6, 2021, entitled 
``Strengthening Our Communications Networks to Meet the Needs 
of Consumers.'' The Subcommittee received testimony from the 
following witnesses:
           John Fogle, Council Member, City of Loveland 
        Colorado, National League of Cities Information 
        Technology and Communications Committee;
           Cheryl A. Leanza, Policy Advisor, United 
        Church of Christ, Office of Communications, Inc.;
           Tim Donovan, Senior Vice President, 
        Legislative Affairs, Competitive Carriers Association; 
        and
           Todd Brandenburg, President and Chief 
        Executive Officer, PocketiNet.

                      IV. COMMITTEE CONSIDERATION

    H.R. 2501, the ``Spectrum Coordination Act,'' was 
introduced on April 14, 2021, by Representative Bilirakis (R-
FL) and referred to the Committee on Energy and Commerce. 
Subsequently, on April 15, 2021, the bill was referred to the 
Subcommittee on Communications and Technology.
    On November 3, 2021, the Subcommittee on Communications and 
Technology met in open markup session, pursuant to notice, to 
consider H.R. 2501 and one other bill. During consideration of 
the bill, an amendment in the nature of a substitute (AINS) 
offered by Subcommittee Chairman Doyle (D-PA) was agreed to by 
a voice vote. Upon conclusion of consideration of the bill, the 
Subcommittee on Communications and Technology agreed to report 
the bill favorably to the full Committee, amended, by a voice 
vote.
    On November 17, 2021, the full Committee met in open markup 
session, pursuant to notice, to consider H.R. 2501 and 11 other 
bills. No amendments were offered during consideration of the 
bill. Upon conclusion of consideration of the bill, the full 
Committee agreed to a motion on final passage offered by 
Representative Pallone (D-NJ), Chairman of the Committee, to 
order H.R. 2501 reported favorably to the House, as amended, by 
a voice vote.

                           V. COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there were no record votes taken on H.R. 
2501, including a motion by Mr. Pallone ordering H.R. 2501 
favorably reported to the House, as amended.

                         VI. OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to require 
NTIA and the FCC to update their memorandum of understanding on 
spectrum coordination.

                   X. DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 2501 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 2501 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. ADVISORY COMMITTEE STATEMENT

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                XIV. APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    Section 1 designates that the short title may be cited as 
the ``Spectrum Coordination Act.''

Sec. 2. Update of memorandum of understanding on spectrum coordination 
        between NTIA and FCC

    Section 2 requires NTIA and the FCC to update their 
memorandum of understanding on spectrum coordination that they 
entered into on January 31, 2003, by no later than December 31, 
2022. This section further provides that NTIA and the FCC must 
update the memorandum of understanding to: (1) improve the 
process for resolving Frequency allocation disputes between the 
two agencies to ensure that disputes are definitively resolved 
in an efficient and timely manner; (2) ensure that spectrum is 
used efficiently; and (3) establish reasonable timelines for 
the exchange of information between the two agencies in order 
to maintain effective spectrum coordination and collaboration.

       XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    There are no changes to existing law made by H.R. 2501, as 
reported.

                                  [all]