Sec. 1004. IDENTIFICATION, REALLOCATION, AND AUCTION OF FEDERAL SPECTRUM
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## SEC. 1004 IDENTIFICATION, REALLOCATION, AND AUCTION OF FEDERAL SPECTRUM **[**[47 U.S.C. 921 note](/us/usc/t47/s921)**]** ###
(a)Identification of Spectrum Not later than January 1, 2022, the Secretary shall submit to the President and to the Commission a report identifying 30 megahertz of electromagnetic spectrum (in bands of not less than 10 megahertz of contiguous frequencies) below the frequency of 3 gigahertz (except for the spectrum between the frequencies of 1675 megahertz and 1695 megahertz) for reallocation from Federal use to non-Federal use or shared Federal and non-Federal use, or a combination thereof. ###
(b)Clearing of Spectrum The President shall— ####
(1)not later than January 1, 2022, begin the process of withdrawing or modifying the assignment to a Federal Government station of the electromagnetic spectrum identified under subsection (a); and ####
(2)not later than 30 days after completing the withdrawal or modification, notify the Commission that the withdrawal or modification is complete. ###
(c)Reallocation and Auction ####
(1)In general The Commission shall— #####
(A)reallocate the electromagnetic spectrum identified under subsection
(a)for non-Federal use or shared Federal and non-Federal use, or a combination thereof; and #####
(B)notwithstanding paragraph (15)(A) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), not later than July 1, 2024, begin a system of competitive bidding under such section to grant new initial licenses for the use of such spectrum, subject to flexible-use service rules. ####
(2)Proceeds to cover 110 percent of federal relocation or sharing costs Nothing in paragraph
(1)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)). ###
(d)Protection of Certain Federal Spectrum Operations If the report required by subsection
(a)determines that reallocation and auction of the spectrum described in the report would harm national security by impacting existing terrestrial Federal spectrum operations at the Nevada Test and Training Range, the Commission, in coordination with the Secretary shall, prior to the auction described in subsection (c)(1)(B), establish rules for licensees in such spectrum sufficient to mitigate harmful interference to such operations. ###
(e)Rule of Construction Nothing in this section shall be construed to affect any requirement under section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 (47 U.S.C. 921 note; Public Law 106–65).
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- Pub. L. 106-65
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Sec. 1004
IDENTIFICATION, REALLOCATION, AND AUCTION OF FEDERAL SPECTRUM
Pub. L.Pub. L. 106-65
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