SEC. 1001. Short Title.
This title may be cited as the “Spectrum Pipeline Act of 2015”.
Title X — Spectrum Pipeline
TITLE X Spectrum Pipeline
SEC. 1002. Definitions.
In this title:
Assistant secretary.— The term “Assistant Secretary” means the Assistant Secretary of Commerce for Communications and Information.
Commission.— The term “Commission” means the Federal Communications Commission.
Federal entity.— The term “Federal entity” has the meaning given such term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)).
Secretary.— The term “Secretary” means the Secretary of Commerce.
SEC. 1003. Rule of Construction.
Each range of frequencies described in this title shall be construed to be inclusive of the upper and lower frequencies in the range.
SEC. 1004. Identification, Reallocation, and Auction of Federal Spectrum.
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.
Clearing of Spectrum.— The President shall—
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
not later than 30 days after completing the withdrawal or modification, notify the Commission that the withdrawal or modification is complete.
Reallocation and Auction.—
In general.— The Commission shall—
reallocate the electromagnetic spectrum identified under subsection (a) for non-Federal use or shared Federal and non-Federal use, or a combination thereof; and
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.
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)).
SEC. 1005. Additional Uses of Spectrum Relocation Fund.
In General.— Section 118 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928) is amended—
by redesignating subsection (g) as subsection (i); and
by inserting after subsection (f) the following:
“(g) Additional Payments for Research and Development and Planning Activities.—
“(1) Amounts available.—Notwithstanding subsections (c) through (e)—
“(A) there are appropriated from the Fund on the date of the enactment of the Spectrum Pipeline Act of 2015, and available to the Director of OMB for use in accordance with paragraph (2), not more than $500,000,000 from amounts in the Fund on such date of enactment; and
“(B) there are appropriated from the Fund after such date of enactment, and available to the Director of OMB for use in accordance with such paragraph, not more than 10 percent of the amounts deposited in the Fund after such date of enactment.
“(2) Use of amounts.—
“(A) In general.—The Director of OMB may use amounts made available under paragraph (1) to make payments requested by Federal entities for research and development, engineering studies, economic analyses, activities with respect to systems, or other planning activities intended to improve the efficiency and effectiveness of the spectrum use of Federal entities in order to make available frequencies described in subparagraph (C) for reallocation for non-Federal use or shared Federal and non-Federal use, or a combination thereof, and for auction in accordance with such reallocation.
“(B) Systems that improve efficiency and effectiveness of federal spectrum use.—For purposes of a payment under subparagraph (A) for activities with respect to systems that improve the efficiency and effectiveness of the spectrum use of Federal entities, such systems include the following:
“(i) Systems that have increased functionality or that increase the ability of a Federal entity to accommodate spectrum sharing with non-Federal entities.
“(ii) Systems that consolidate functions or services that have been provided using separate systems.
“(iii) Non-spectrum technology or systems.
“(C) Frequencies described.—The frequencies described in this subparagraph are, with respect to a payment under subparagraph (A), frequencies that—
“(i) are assigned to a Federal entity; and
“(ii) at the time of the activities conducted with such payment, are not identified for auction.
“(D) Conditions.—The Director of OMB may not make a payment to a Federal entity under subparagraph (A)—
“(i) unless—
“(I) the Federal entity has submitted to the Technical Panel established under section 113(h)(3) a plan describing the activities that the Federal entity will conduct with such payment;
“(II) the Technical Panel has approved such plan under subparagraph (E); and
“(III) the Director of OMB has submitted the plan approved under subparagraph (E) to the congressional committees described in subsection (d)(2)(C); and
“(ii) until 60 days have elapsed after submission of the plan under clause (i)(III).
“(E) Review by technical panel.—
“(i) In general.—Not later than 120 days after a Federal entity submits a plan under subparagraph (D)(i)(I) to the Technical Panel established under section 113(h)(3), the Technical Panel shall approve or disapprove such plan.
“(ii) Criteria for review.—In considering whether to approve or disapprove a plan under this subparagraph, the Technical Panel shall consider whether—
“(I) the activities that the Federal entity will conduct with the payment will—
“(aa) increase the probability of relocation from or sharing of Federal spectrum;
“(bb) facilitate an auction intended to occur not later than 8 years after the payment; and
“(cc) increase the net expected auction proceeds in an amount not less than the time value of the amount of the payment; and
“(II) the transfer will leave sufficient amounts in the Fund for the other purposes of the Fund.
“(h) Prioritization of Payments.—In determining whether to make payments under subsections (f) and (g), the Director of OMB shall, to the extent practicable, prioritize payments under subsection (g).”
Administrative Support for Technical Panel.— Section 113(h)(3)(C) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(h)(3)(C)) is amended by striking “ this subsection and subsection (i)” and inserting “ this subsection, subsection (i), and section 118(g)(2)(E)”.
Eligible Federal Entities.— Section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923) is amended—
in subsection (g)—
in paragraph (1)—
by striking “ authorized to use a band of eligible frequencies described in paragraph (2) and”;
by inserting “ eligible” after “ auction of”;
by inserting “ eligible” after “ reallocation of”; and
in paragraph (3)(A), by striking “ previously assigned to such entity or the sharing of spectrum frequencies assigned to such entity” and inserting “ or the sharing of spectrum frequencies”; and
in subsection (h)(1), by striking “ authorized to use any such frequency”.
SEC. 1006. Plans for Auction of Certain Spectrum.
Reports to Congress.— In accordance with each paragraph of subsection (c), the Commission, in coordination with the Assistant Secretary, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing a proposed plan for the assignment of new licenses for non-Federal use of the spectrum identified under such paragraph, including—
an assessment of the operations of Federal entities that operate Federal Government stations authorized to use such spectrum;
an estimated timeline for the competitive bidding process; and
a proposed plan for balance between unlicensed and licensed use.
Information for Assessment of Federal Entity Operations.— The Assistant Secretary, in coordination with the affected Federal entities, shall provide to the Commission the necessary information to carry out subsection (a)(1).
Report Deadlines; Identification of Spectrum.— The Commission shall submit reports under subsection (a) as follows:
Not later than January 1, 2022, for at least 50 megahertz of spectrum (in bands of not less than 10 megahertz of contiguous frequencies) below 6 gigahertz, to be identified by the Commission, in coordination with the Assistant Secretary, from spectrum other than the spectrum identified under section 1004(a).
Not later than January 1, 2024, for at least 50 megahertz of spectrum (in bands of not less than 10 megahertz of contiguous frequencies) below 6 gigahertz, to be identified by the Commission, in coordination with the Assistant Secretary, from spectrum other than the spectrum identified under paragraph (1) or section 1004(a).
SEC. 1007. Fcc Auction Authority.
Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by inserting before the period at the end the following: “ , except that, with respect to the electromagnetic spectrum identified under section 1004(a) of the Spectrum Pipeline Act of 2015, such authority shall expire on September 30, 2025”.
SEC. 1008. Reports to Congress.
Not later than 3 years after the date of the enactment of this Act, the Commission shall submit to Congress—
a report containing an analysis of the results of the rules changes relating to the frequencies between 3550 megahertz and 3650 megahertz; and
a report containing an analysis of proposals to promote and identify additional spectrum bands that can be shared between incumbent uses and new licensed, and unlicensed services under such rules and identification of at least 1 gigahertz between 6 gigahertz and 57 GHz for such use.