Sec. 301. Creation of a spectrum pipeline
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In this section: The term affected Federal entity means a Federal entity— with operations in any band of frequencies described in subsection (b)(1); and that the Under Secretary determines might be affected by a reallocation in a band described in subparagraph (A). The term co-lead means an official who— is the head of a Federal entity— with operations in a band of frequencies described in subsection (b)(1)(A); and that the Under Secretary determines might be affected by a reallocation in a band of frequencies described in subsection (b)(1)(A); and elects to serve as a co-lead of the feasibility assessment required under subsection (b).
The term Federal entity has the meaning given the term in section 113(l) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(l) ). The Secretary of Commerce, acting through the Under Secretary, with the assistance of the co-leads, shall complete a feasibility assessment of making spectrum available for— non-Federal use, shared Federal and non-Federal use, or a combination thereof, in the bands of frequencies between 7125 and 8500 megahertz, inclusive; and shared Federal and non-Federal use in the bands of frequencies between 37000 and 37600 megahertz, inclusive.
In conducting the feasibility assessment required under paragraph (1), the Under Secretary, with the assistance of the co-leads, shall— coordinate directly with each affected Federal entity with respect to frequencies allocated to, and used by, that affected Federal entity in the bands described in that paragraph and in affected adjacent or near adjacent bands; ensure that each affected Federal entity leads that portion of the feasibility assessment that is relevant to individual mission requirements of the affected Federal entity for the systems supported by the incumbent spectrum assignments in an applicable band of frequencies; consider dynamic spectrum sharing, such as an incumbent informing capability, as required under section 120 of the National Telecommunications and Information Administration Organization Act, as added by section 102 of this Act, and, for the bands of frequencies described in paragraph (1)(A), relocation of systems, compression or re-packing of systems, consolidation of systems, and any other re-purposing options the Under Secretary, with the assistance of the co-leads, determines will enable the most efficient and effective use of frequencies considered under that paragraph; and comply with the requirements of section 113(j) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(j) ).
Each affected Federal entity shall provide any assistance that the Under Secretary and the co-leads determine necessary in order to carry out the assessment required under this subsection. The Under Secretary and the co-leads shall complete the assessment required under this subsection— if affected Federal entities submit requests for funding under subsection (c)(1), not later than 2 years after the date on which all such requests for funding have been approved or denied; and if no affected Federal entity submits a request for funding under subsection (c)(1), not later than 850 days after the date of enactment of this Act.
If an affected Federal entity determines that the affected Federal entity requires funding to conduct activities described in section 118(g) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928(g) ) that are necessary to assist the Under Secretary and the co-leads in carrying out the assessment required under subsection (b), the affected Federal entity shall, not later than 120 days after the date of enactment of this Act, submit a request for payment pursuant to such section 118(g).
Section 118(g)(2)(D)(ii) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928(g)(2)(D)(ii) ) shall not apply with respect to a payment requested under paragraph (1). Not later than 30 days after the date on which the Under Secretary and the co-leads complete the feasibility assessment required under subsection (b), and subject to the other requirements of this subsection, the Under Secretary shall submit to the Commission and Congress a report regarding that assessment.
The report submitted under paragraph
(1)shall include— which Federal entities are affected Federal entities and the contributions of those affected Federal entities to the feasibility assessment required under subsection (b); the necessary steps to make the bands of frequencies considered under subsection (b)(1)(A) available for non-Federal use, shared Federal and non-Federal use, or a combination thereof, including— the technical requirements necessary to make those bands of frequencies available for— exclusive non-Federal use; and shared Federal and non-Federal use; and an estimate of the cost to affected Federal entities to make the bands of frequencies considered under subsection (b)(1)(A) available for— exclusive non-Federal use; and shared Federal and non-Federal use; the necessary steps to make the bands of frequencies considered under subsection (b)(1)(B) available for shared Federal and non-Federal use, including the technical requirements necessary to make those bands so available and an estimate of the cost to affected Federal entities to make those bands so available; an assessment of the likelihood that authorizing mobile or fixed terrestrial operations in any of the frequencies considered under subsection (b)(1)(B) would result in harmful interference to an affected Federal entity; and an assessment of the potential impact that authorizing mobile or fixed terrestrial wireless operations, including advanced mobile services operations, in any of the frequencies considered under subsection
(b)could have on the mission of an affected Federal entity. The Under Secretary shall ensure that all information in the report submitted under this subsection that is permitted to be released to the public is made available on the public website of the National Telecommunications and Information Administration. If there is classified material in the report submitted under this subsection, the Under Secretary shall— provide the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and each other committee of Congress with jurisdiction over affected Federal entities with operations in the applicable bands of frequencies with a briefing on the classified components of that report; and transmit at least 1 copy of both the classified report and the classified annexes to the sensitive compartmented information facilities of the Senate and House of Representatives. Before finalizing the report required under this subsection with respect to the feasibility assessment required under subsection (b), the Under Secretary shall— submit the report for review by the Spectrum Advisory Council; and resolve any disputes regarding the feasibility assessment through the interagency process described in the national security memorandum of the President entitled Memorandum on Renewing the National Security Council System , issued on February 4, 2021. Nothing in this subsection may be construed to require the disclosure of classified information, law enforcement sensitive information, or other information reflecting technical, procedural, or policy concerns subject to protection under section 552 of title 5, United States Code. Not later than 30 days after the date on which the Under Secretary completes any feasibility assessment with respect to bands of electromagnetic spectrum (other than the assessment required under subsection (b)), the Under Secretary shall submit to the Commission and Congress a report regarding that assessment. Each report required under paragraph
(1)shall include, with respect to the applicable feasibility assessment described in that paragraph— the Federal entities identified by the Assistant Secretary with equities in the bands with respect to frequencies allocated to, and used by, those Federal entities and the contributions of those Federal entities to that feasibility assessment; the necessary steps to make the bands of frequencies considered under that feasibility assessment available for non-Federal use, shared Federal and non-Federal use, or a combination thereof, including— the technical requirements necessary to make bands in the frequencies considered under that feasibility assessment available for— exclusive non-Federal use; and shared Federal and non-Federal use; and an estimate of the cost to Federal entities affected by making bands in the frequencies considered under that feasibility assessment available for— exclusive non-Federal use; and shared Federal and non-Federal use; an assessment of the likelihood that authorizing mobile or fixed terrestrial operations in any of the frequencies considered under that feasibility assessment would result in harmful interference to a Federal entity; and an assessment of the potential impact that authorizing mobile or fixed terrestrial wireless operations, including advanced mobile services operations, in any of the frequencies considered under that feasibility assessment could have on the mission of a Federal entity. The Under Secretary shall ensure that all information in a report submitted under this subsection that may be released to the public is made available on the public website of the National Telecommunications and Information Administration. If there is classified material in a report submitted under this subsection, the Under Secretary shall— provide the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and each other committee of Congress with jurisdiction over Federal entities with equities in the applicable bands of frequencies with a briefing on the classified components of that report; and transmit at least 1 copy of both the classified report and the classified annexes to the sensitive compartmented information facilities of the Senate and House of Representatives. Nothing in this subsection may be construed to require the disclosure of classified information, law enforcement sensitive information, or other information reflecting technical, procedural, or policy concerns subject to protection under section 552 of title 5, United States Code.
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