H.R. 2739 — Introduced in House

I 113th CONGRESS 1st Session H. R. 2739 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Ms. Matsui (for herself, Mr. Guthrie, Mr. Smith of Washington, and Mr. Hunter) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the reallocation and auction for commercial use of the electromagnetic spectrum between the frequencies from 1755 megahertz to 1780 megahertz. 1. Short title This Act may be cited as the Efficient Use of Government Spectrum Act of 2013. 2. Reallocation and auction of 1755–1780 MHz band (a) In general Notwithstanding paragraph (15)(A) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), not later than 3 years after the date of the enactment of the Middle Class Tax Relief and Job Creation Act of 2012 (Public Law 112–96), the Commission shall— (1) reallocate the electromagnetic spectrum described in subsection (d) for commercial use; and (2) as part of the system of competitive bidding required by section 6401(b)(1)(B) of such Act (47 U.S.C. 1451(b)(1)(B)), grant new initial licenses, subject to flexible-use service rules, for the use of such spectrum, paired with the spectrum between the frequencies from 2155 megahertz to 2180 megahertz, inclusive. (b) Auction proceeds For purposes of depositing the proceeds from the competitive bidding described in subsection (a)(2) that are attributable to the electromagnetic spectrum described in subsection (d), such spectrum shall be treated as spectrum that is required to be auctioned by section 6401(b)(1)(B) of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1451(b)(1)(B)). (c) Relocation of and sharing by Federal Government stations (1) Relocation prioritized over sharing (A) In general Except as provided in paragraph (2), all Federal Government stations in the electromagnetic spectrum described in subsection (d) shall be relocated to other frequencies under the procedures implemented pursuant to section 113(g)(6) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(6)). Such relocation procedures shall ensure maximum cooperation and coordination between the affected Federal and commercial entities. (B) Department of Defense stations Section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 768) shall apply to the relocation of stations operated by the Department of Defense in the electromagnetic spectrum described in subsection (d). (2) Sharing where relocation not possible (A) Identification of stations If a Federal entity that operates a Federal Government station in the electromagnetic spectrum described in subsection (d) determines, based on an operational impact assessment, that such station cannot be relocated from such spectrum without jeopardizing essential military capability, such entity shall identify such station in the transition plan of such entity required, by section 113(h)(1) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(h)(1)), to be submitted not later than 240 days before the commencement of the competitive bidding described in subsection (a)(2). (B) Required elements of transition plan Each transition plan in which a station is identified pursuant to subparagraph (A) shall provide for non-Federal users to share with such station the electromagnetic spectrum described in subsection (d). Where exclusion zones are necessary to avoid jeopardizing essential military capability, such plan shall provide for the smallest possible zones necessary for such purpose. (3) Withdrawal or modification of assignments (A) Withdrawal Upon relocation of a Federal Government station pursuant to paragraph (1), the President shall withdraw the assignment to such station of the electromagnetic spectrum described in subsection (d). (B) Modification For each Federal Government station identified in a transition plan pursuant to paragraph (2)(A), the President shall modify the assignment to such station of the electromagnetic spectrum described in subsection (d) to permit shared Federal and non-Federal use. (d) Spectrum described The electromagnetic spectrum described in this subsection is the spectrum between the frequencies from 1755 megahertz to 1780 megahertz, inclusive. (e) Commission defined In this section, the term Commission means the Federal Communications Commission.