Sec. 8. Analysis of spectrum requirements
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Section 104(d) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 903(d) ) is amended— in paragraph (1)— by striking In assigning and inserting the following: In assigning ; and by adding at the end the following: Before the Secretary may assign frequencies for mobile radio services and other radio services, and subject to subparagraph (C), each Federal agency seeking a new or modified frequency assignment for a mobile service or other radio service shall submit to the Secretary and the Director of the Office of Management and Budget (referred to in this paragraph as the Director ) a report analyzing— whether the Federal agency may use commercial services for the operation of the service rather than obtain a new or modified frequency assignment consistent with national security, public safety and overall ability to reliably perform the Federal mission, including an explicit consideration of the cost of contracting for the commercial service against the cost of the agency operating on the new or modified frequency assignment; whether the proposed spectrum requirements of the Federal agency could— use an existing or planned service operated by the Federal agency or another Federal agency; or share a frequency allocation with an existing Federal agency, including the use of dynamic and opportunistic spectrum sharing; whether the Federal agency could— use unlicensed spectrum; or lease capacity from commercial providers; if the Federal agency cannot use a commercial or other Federal service, how much spectrum the Federal agency needs to operate the service; whether the service requires a frequency assignment below 3 gigahertz; and whether, once the allocation is made, the Federal agency may share the spectrum with non-Federal users.
The Secretary, in consultation with the Director and any Federal agency that the Secretary may determine appropriate, shall determine whether to grant a request of a Federal agency for a new or modified frequency assignment for a mobile service or other radio service. If the Secretary determines that a request described in clause
(i)is better met through sharing frequencies or systems with another Federal agency, the Secretary, in consultation with the Director, the requesting Federal agency, the Federal agency with whom the requesting Federal agency will share systems or allocation, and any other Federal agency that the Secretary may determine appropriate, shall alter the previously granted allocation accordingly. A Federal agency shall include spectrum efficiency when considering procurement of spectrum-dependent systems and hardware, as a technical requirement, an evaluation criterion for award, or both. The NTIA and the Director shall develop and incorporate spectrum efficiency guidelines into budget and procurement processes. The guidelines developed under clause
(ii)shall— facilitate, as appropriate, the design and procurement of systems that increase flexibility through means such as multiple-band tuning capabilities and the use of commercial systems; and require, to the extent possible, procurement of Federal systems such that emission levels resulting from reasonable use of adjacent spectrum will not impair the functioning of such systems, consistent with any applicable radio receiver performance criteria and international obligations. All requests for allocation made under this Act shall be published in the Federal Register. The NTIA shall maintain a database of all requests for allocation made under this Act that is searchable electronically and available to the public. At the discretion of the Secretary, the Secretary may seek public comment on any requested allocation. Where necessary to protect the interests of national security, the Assistant Secretary shall redact a request for allocation made under this Act from the public. ; and in paragraph (2), by striking The Secretary and inserting In addition to the circumstances described in paragraph (1)(C), the Secretary .
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Sec. 8
Analysis of spectrum requirements
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