1. Short title
This Act may be cited as the “Efficient Use of Government Spectrum Act of 2013”.
Efficient Use of Government Spectrum Act of 2013
A BILL
To require the reallocation and auction for commercial use of the electromagnetic spectrum between the frequencies from 1755 megahertz to 1780 megahertz.
2. Reallocation and auction of 1755–1780 MHz band
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—
reallocate the electromagnetic spectrum described in subsection (d) for commercial use; and
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.
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)).
Relocation of and sharing by Federal Government stations—
Relocation prioritized over sharing—
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.
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).
Sharing where relocation not possible—
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).
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.
Withdrawal or modification of assignments—
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).
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.
Spectrum described— The electromagnetic spectrum described in this subsection is the spectrum between the frequencies from 1755 megahertz to 1780 megahertz, inclusive.
Commission defined— In this section, the term “Commission” means the Federal Communications Commission.