Improving Spectrum Coordination Act of 2021

II 117TH CONGRESS 1ST SESSION S. 1472 To require the Federal Communications Commission and the National Tele- communications and Information Administration to update the Memo- randum of Understanding on Spectrum Coordination, and for other pur- poses. IN THE SENATE OF THE UNITED STATES APRIL 29, 2021 Mr. WICKER (for himself, Mr. THUNE, and Mrs. BLACKBURN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Federal Communications Commission and the National Telecommunications and Information Ad- ministration to update the Memorandum of Under- standing on Spectrum Coordination, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Improving Spectrum 4 Coordination Act of 2021’’. 5 VerDate Sep 11 2014 21:52 May 24, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1472.IS S1472 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 1472 IS SEC. 2. IMPROVED COORDINATION BETWEEN THE FCC AND 1 THE NTIA. 2 (a) DEFINITIONS.—In this section— 3 (1) the term ‘‘Commission’’ means the Federal 4 Communications Commission; 5 (2) the term ‘‘Memorandum’’ means the Memo- 6 randum of Understanding on Spectrum Coordination 7 executed by the Commission and the Administration 8 on January 31, 2003; and 9 (3) the term ‘‘NTIA’’ means the National Tele- 10 communications and Information Administration. 11 (b) UPDATES.—Not later than 60 days after the date 12 of enactment of this Act, the Commission and the NTIA 13 shall update the Memorandum to— 14 (1) outline general processes for addressing 15 technical, procedural, and policy differences regard- 16 ing frequency allocation and related conditions and 17 standards; 18 (2) create a process for the resolution of non- 19 routine policy disputes between the Commission and 20 the NTIA, including specific timelines for an expedi- 21 tious resolution; 22 (3) clarify that— 23 (A) Congress designated the NTIA to 24 serve as the sole agency responsible for man- 25 aging spectrum assigned to Federal agencies, 26 VerDate Sep 11 2014 21:52 May 24, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1472.IS S1472 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 1472 IS and that, as a result, the NTIA represents Fed- 1 eral agencies in addressing technical, proce- 2 dural, and policy differences regarding fre- 3 quency allocation with the Commission, con- 4 sistent with section 103(b) of the National 5 Telecommunications and Information Adminis- 6 tration Organization Act (47 U.S.C. 902(b)); 7 and 8 (B) the representation by the NTIA de- 9 scribed in subparagraph (A) should involve the 10 expertise of the NTIA in technical, engineering, 11 and policy matters; 12 (4) ensure that scientific analyses and testing 13 are considered in actions involving spectrum alloca- 14 tion and standards; 15 (5) ensure that short-, medium-, and long-term 16 implications of spectrum policy and strategy are con- 17 sidered; 18 (6) outline general processes for how the Com- 19 mission and the NTIA will form staff standing 20 working groups with regular meetings to discuss 21 spectrum planning by the Commission and the 22 NTIA; 23 (7) outline general processes for how the Com- 24 mission and the NTIA will jointly interact and con- 25 VerDate Sep 11 2014 21:52 May 24, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1472.IS S1472 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 1472 IS sult with the Department of State in matters re- 1 garding international spectrum coordination pro- 2 ceedings; and 3 (8) endeavor to ensure— 4 (A) the efficient use of frequencies as- 5 signed to Federal agencies, consistent with the 6 responsibilities of the NTIA under section 7 103(b)(2)(U) of the National Telecommuni- 8 cations and Information Administration Organi- 9 zation Act (47 U.S.C. 902(b)(2)(U)); and 10 (B) that frequencies not required for the 11 present or identifiable future needs of the Fed- 12 eral Government are reallocated to non-Federal 13 Government users wherever possible. 14 (c) PERIODIC UPDATES.—Not later than 3 years 15 after the date on which the Commission and the NTIA 16 update the Memorandum under subsection (b), and every 17 4 years thereafter, the Commission and the NTIA shall 18 update the Memorandum to reflect changing technological, 19 procedural, and policy circumstances. 20 (d) REPORT.—Not later than 1 year after the date 21 of enactment of this Act, and every year thereafter, the 22 Commission and the NTIA shall submit to Congress a re- 23 port on joint spectrum planning activities. 24 Æ VerDate Sep 11 2014 21:52 May 24, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1472.IS S1472 pbinns on DSKJLVW7X2PROD with BILLS