Sec. 101. 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 Federal entity has the meaning given such term in section 113(l) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(l) ). The term relevant congressional committees means— the Committee on Energy and Commerce of the House of Representatives; the Committee on Commerce, Science, and Transportation of the Senate; the Committee on Armed Services of the House of Representatives; and the Committee on Armed Services of the Senate.

The term relocation or sharing costs has the meaning given such term in section 113(g)(3) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(g)(3) ). The term Secretary means the Secretary of Commerce. A Federal entity with operations in the covered band that the Assistant Secretary determines might be affected by reallocation of the covered band may request a payment of up to $25,000,000 under section 118(g)(2)(A) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928(g)(2)(A) ) in order to make available the entire covered band for non-Federal use, shared Federal and non-Federal use, or a combination thereof.

Subparagraphs (C)(ii) and (D)(ii) of section 118(g)(2) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928(g)(2) ) shall not apply with respect to a payment described in subparagraph

(A)of this paragraph. The Assistant Secretary and the Executive Office of the President shall continuously review and provide oversight of the activities carried out using a payment described in subparagraph

(A)of this paragraph, the payment required by section 90008(b)(1)(A) of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ; 135 Stat. 1348; 47 U.S.C. 921 note), as such section was in effect on the day before the date of the enactment of this Act, or a combination of both such payments. Not later than 15 months after the date of the 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 described in subparagraph (A), the payment required by section 90008(b)(1)(A) of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ; 135 Stat. 1348; 47 U.S.C. 921 note), as such section was in effect on the day before the date of the enactment of this Act, or a combination of both such payments, any Federal entity receiving such a payment or payments, 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— contains the findings of the activities carried out using such payment or payments; and recommends frequencies in the covered band for identification by the Secretary under paragraph (2). Not later than 21 months after the date of the enactment of this Act, informed by 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 identifies for inclusion in a system of competitive bidding under paragraph

(3)350 megahertz of frequencies in the covered band for non-Federal use, shared Federal and non-Federal use, or a combination thereof. Not later than 7 years after the date of the 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 such paragraph for a system of competitive bidding. No entity that produces or provides any covered communications equipment or service (as defined in section 9 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1608 )), or any affiliate (as defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 )) of such an entity, may participate in the system of competitive bidding required by subparagraph (A). The Commission may not include in the system of competitive bidding required by subparagraph

(A)any frequencies that are not in the covered band. Notwithstanding subparagraphs (A), (C)(i), and

(D)of section 309(j)(8) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8) ) and except as provided in subparagraph

(B)of such section, the proceeds (including deposits and upfront payments from successful bidders) of the system of competitive bidding required by subparagraph

(A)of this paragraph (in this subparagraph referred to as the covered proceeds ) shall be deposited or available as follows: Such amount of the covered proceeds as is necessary to cover 110 percent of the relocation or sharing costs of Federal entities relocated from or sharing the frequencies identified under paragraph

(2)of this subsection shall be deposited in the Spectrum Relocation Fund established under section 118 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928 ). After the amount required to be deposited by clause

(i)is so deposited, any remainder of the covered proceeds shall be deposited in the Public Safety and Secure Networks Fund established by section 601. The President shall modify or withdraw any assignment to a Federal Government station of the frequencies identified under paragraph

(2)to accommodate non-Federal use, shared Federal and non-Federal use, or a combination thereof in accordance with that paragraph. The President may not modify or withdraw any assignment to a Federal Government station as described in subparagraph (A)— 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 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) ). 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 2026, and with respect to the electromagnetic spectrum identified under section 101(b)(2) of the . Spectrum Innovation Act of 2022 , such authority shall expire on the date that is 7 years after the date of the enactment of that Act. Section 1004 of the Spectrum Pipeline Act of 2015 ( Public Law 114–74 ; 129 Stat. 621; 47 U.S.C. 921 note) is amended— in subsection (a), by striking 2022 and inserting 2024 ; in subsection (b)(1), by striking 2022 and inserting 2024 ; and in subsection (c)(1)(B), by striking 2024 and inserting 2026 . Section 90008 of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ; 135 Stat. 1348; 47 U.S.C. 921 note), and the item relating to such section in the table of contents in section 1(b) of such Act, are repealed. Nothing in this section, or the repeal made by subsection (d), may be construed to alter or impede the activities authorized to be conducted using the payment required by section 90008(b)(1)(A) of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ; 135 Stat. 1348; 47 U.S.C. 921 note), as such section was in effect on the day before the date of the enactment of this Act, if the Assistant Secretary determines that such activities are conducted in accordance with subsection

(b)of this section.

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