Sec. 31201. Spectrum auctions and innovation

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In this section: The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information. The term Commission means the Federal Communications Commission. The term covered band means the band of frequencies between 3100 megahertz and 3450 megahertz, inclusive. The term relevant congressional committees means— the Committee on Energy and Commerce of the House of Representatives ; and the Committee on Commerce, Science, and Transportation of the Senate .

The term Secretary means the Secretary of Commerce. On the date of enactment of this Act, the Director of the Office of Management and Budget shall transfer $50,000,000 from the Spectrum Relocation Fund established under section 118 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928 ) to the Secretary for the purpose of engineering studies, economic analyses, activities with respect to systems, or other planning activities to improve efficiency and effectiveness of Federal spectrum use in order to make available— frequencies in the covered band for identification by the Secretary under paragraph (2)(A); and frequencies in the covered band for identification by the Secretary under paragraph (2)(B).

Section 118(g) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928(g) ) shall not apply with respect to the payment required under subparagraph (A). Not later than 180 days after the date of enactment of this Act, the Assistant Secretary, in coordination with the Secretary of Defense and the Executive Office of the President, shall develop a plan for conducting the engineering studies, economic analyses, activities with respect to systems, or other planning activities described in subparagraph (A).

In developing the plan required by subparagraph (C), the Assistant Secretary shall consider facilitating the sharing of spectrum between Federal and non-Federal users implemented through a Federal user informing common platform developed by the Assistant Secretary, in coordination with the Commission. The Assistant Secretary and the Executive Office of the President shall continuously review and provide oversight of the execution of the plan required by subparagraph (C). 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 findings of the engineering studies, economic analyses, activities with respect to systems, or other planning activities described in subparagraph (A), the Assistant Secretary, in consultation with the Secretary of Defense, shall submit to the Secretary and the relevant congressional committees a report that— contains such findings; and recommends— frequencies in the covered band for identification by the Secretary under paragraph (2)(A); and frequencies in the covered band for identification by the Secretary under paragraph (2)(B). Not later than 24 months after the date of enactment of this Act, informed by the findings of the engineering studies, economic analyses, activities with respect to systems, or other planning activities described in paragraph (1)(A) and the report required under paragraph (1)(F), 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— 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 identifies additional frequencies of electromagnetic spectrum in the covered band that could be made available for non-Federal use, shared Federal and non-Federal use, or a combination thereof. 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. 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 by subparagraph (A). 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 or shared Federal and non-Federal use in accordance with that paragraph. The President may not modify or withdraw any assignment to a Federal Government station as described in subparagraph

(A)before November 30, 2024. 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) ). Not later than 4 years after the date of enactment of this Act, the Commission, in consultation 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. Not later than 4 years after the date of enactment of this Act, if the President modifies or withdraws assignments under paragraph (4), or if President accommodates the use described in paragraph (2)(A) without such modification or withdrawal, the Commission, in coordination with the Assistant Secretary, shall allow for the opportunistic use of the frequencies identified under such paragraph before the auction required by paragraph

(3)is conducted. Opportunistic use, if such use is inconsistent with the rights of licensees that obtained licenses through such auction, shall cease upon the issuance by the Commission of such licenses. Section 309(j)(11) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(11) ) is amended by inserting after 2025 the following: , and with respect to the electromagnetic spectrum identified under section 31201(b)(2)(A) of the Act to provide for reconciliation pursuant to title II of S. Con. Res. 14, such authority shall expire on the date that is 7 years after the date of enactment of that Act . The Spectrum Pipeline Act of 2015 ( Public Law 114–74 ; 129 Stat. 621) is amended— in section 1004— in subsection (a), by striking 2022 and inserting 2024 ; and in subsection (b)(1), by striking 2022 and inserting 2024 ; and in section 1006(c)(1), by striking 2022 and inserting 2024 .

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