Sec. 5. Identification, reallocation, and auction of certain Federal spectrum
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Not later than January 1, 2025, the Secretary shall— for the frequencies with respect to which a Federal entity makes an affirmative feasibility determination under section 4(a), determine whether the Secretary concurs with the determination of the Federal entity; and if the Secretary concurs with the determination of the Federal entity, submit to the President and the Commission a report identifying for reallocation the frequencies with respect to which the Federal entity made the determination.
The President shall— not later than 180 days after the Secretary submits a report under subsection (a)(2), begin the process of withdrawing or modifying the assignment to a Federal Government station of the frequencies identified in such report; and not later than 30 days after completing the withdrawal or modification, notify the Commission that the withdrawal or modification is complete. The Commission shall— reallocate the frequencies identified in a report under subsection (a)(2) for non-Federal use or shared Federal and non-Federal use, or a combination thereof; and notwithstanding paragraph (15)(A) of section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) ), not later than January 1, 2026, begin a system of competitive bidding under such section to grant new initial licenses for the use of such frequencies, subject to flexible-use service rules.
Nothing in this section shall be construed to relieve the Commission from the requirements of section 309(j)(16)(B) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(16)(B) ). Section 309(j)(11) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(11) ) is amended— by striking the period at the end and inserting ; and ; by striking except that, with respect to and inserting except that— with respect to ; and by adding at the end the following: with respect to the frequencies identified under section 5(a)(2) of the SPECTRUM NOW Act , such authority shall expire on September 30, 2027. .
The identification of frequencies under subsection (a)(2), withdrawal or modification of the assignment to a Federal Government station of such frequencies under subsection (b), or reallocation or auction of such frequencies under subsection
(c)does not preclude such frequencies from being identified under section 1006(c) of the Spectrum Pipeline Act of 2015 ( Public Law 114–74 ; 129 Stat. 624).
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Sec. 5
Identification, reallocation, and auction of certain Federal spectrum
Stat.129 Stat. 624
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