Sec. 102. Common sharing platform; incumbent informing capability
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Part B of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 921 et seq. ) is amended by adding at the end the following: The Under Secretary shall— not later than 120 days after the date of enactment of this section, begin to amend the Department of Commerce spectrum management document entitled Manual of Regulations and Procedures for Federal Radio Frequency Management so as to incorporate an incumbent informing capability; and not later than 90 days after the date of enactment of this section, begin to implement such capability, including initiating the development and testing of such capability.
The incumbent informing capability required by subsection
(a)shall include a system to enable sharing, including time-based sharing and coordination, to securely manage spectrum access to mitigate the risk of harmful interference between non-Federal users and incumbent Federal entities sharing a band of covered spectrum and between Federal entities sharing a band of covered spectrum. The system required by paragraph
(1)shall contain, at a minimum, the following: One or more mechanisms (that shall include interfaces to commerce sharing systems, as appropriate) to allow non-Federal use in covered spectrum, as authorized by the rules of the Commission. One or more mechanisms to facilitate Federal-to-Federal sharing, as authorized by the NTIA. One or more mechanisms to prevent, eliminate, or mitigate harmful interference to and from incumbent Federal entities, including one or more of the following functions: Sensing. Identification. Reporting. Analysis. Resolution. Dynamic coordination area analysis, definition, and control, if appropriate for a band. The incumbent informing capability required by subsection
(a)shall ensure that use of covered spectrum is in accordance with the applicable rules of the Commission. Each incumbent Federal entity sharing a band of covered spectrum shall— input into the system required by paragraph
(1)such information as the Under Secretary may require, including the frequency, time, and location of the use of the band by the Federal entity; and to the extent practicable, input the information into the system on an automated basis. The system required by paragraph
(1)shall contain appropriate measures to protect classified information and controlled unclassified information, including any such classified information or controlled unclassified information that relates to Federal operations. The Under Secretary shall develop a mechanism— for information sharing between classified and unclassified databases; and to address issues of aggregate classification challenges. The Under Secretary shall consult with the heads of other relevant Federal agencies on the development, testing, and implementation of the incumbent informing capability to ensure consideration of the operational and mission requirements of those Federal agencies. The Under Secretary shall solicit stakeholder feedback from Federal and non-Federal users of the incumbent informing capability, including on— how best to mitigate risks to incumbent Federal users and missions; which mitigation measures could enable secondary access by non-Federal users to avoid operational impact; and a process for incumbent Federal users to share complaints or report harmful interference and mission impact, including how the impact to Federal missions would be assessed. Not later than December 16, 2024, and annually thereafter, the Under Secretary shall provide a briefing on the implementation and operation of the incumbent informing capability to— the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Energy and Commerce of the House of Representatives. Nothing in this section shall be construed to alter or expand the authority of the NTIA as described in section 113(j)(1). In this section: The term covered spectrum means— electromagnetic spectrum for which usage rights are assigned to or authorized for (including before the date on which the incumbent informing capability required by subsection
(a)is implemented) a non-Federal user or class of non-Federal users for use on a shared basis with an incumbent Federal entity in accordance with the rules of the Commission; and electromagnetic spectrum allocated on a primary or co-primary basis for Federal use that is shared among Federal entities. The term Federal entity has the meaning given the term in section 113(l). The term incumbent informing capability means a capability to facilitate the sharing of covered spectrum. . On the date of enactment of this Act, the Director of the Office of Management and Budget shall transfer $120,000,000 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 National Telecommunications and Information Administration for the purpose of establishing the incumbent informing capability under section 120 of that Act, as added by subsection (a).
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