What This Bill Does
This bill requires the Federal Communications Commission and the National Telecommunications and Information Administration to improve how they work together on spectrum management. A "spectrum" is the range of radio frequencies used for wireless communications. The bill sets up procedures for federal agencies to notify each other and the public about proposed changes to spectrum use.
Who It Affects
The Federal Communications Commission, the National Telecommunications and Information Administration, federal entities that use radio spectrum, and the general public who can access information about spectrum decisions.
Key Provisions
• The Assistant Secretary must file information in the public record about spectrum actions, including which federal entities may be impacted and any technical or policy concerns raised (Sec. 2(a)(1))
• When the Commission issues a final rule involving spectrum, it must publish a summary describing the date notice was provided, what concerns were raised, and how those concerns were resolved (Sec. 2(a)(2))
• The Commission and NTIA must update their coordination agreement no later than three years after this law takes effect, and then at least every four years after that (Sec. 2(b)(1))
• Information that is classified or protected from disclosure by law does not have to be made public (Sec. 2(a)(3))
What Changes
Federal agencies must now publicly document their coordination process when decisions are made to reallocate radio frequencies for competitive bidding or licensing that could affect federal spectrum operations.
Important Definitions
"Spectrum action" means any proposed action by the Commission to reallocate radio frequency spectrum that would result in competitive bidding or licensing that could impact federal entity spectrum operations (Sec. 2(c)(2))
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1341
To improve Federal coordination with respect to spectrum management, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 3, 2023
Mr. BALDERSON (for himself and Ms. KUSTER) introduced the following bill;
which was referred to the Committee on Energy and Commerce
A BILL
To improve Federal coordination with respect to spectrum
management, and for other purposes.
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 ‘‘Spectrum Coordination
4
Act’’.
5
SEC. 2. IMPROVING SPECTRUM MANAGEMENT.
6
Part A of the National Telecommunications and In-
7
formation Administration Organization Act is amended by
8
adding at the end the following:
9
VerDate Sep 11 2014
03:24 Mar 17, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1341.IH
H1341
kjohnson on DSK79L0C42PROD with BILLS
2
•HR 1341 IH
‘‘SEC. 106. IMPROVING SPECTRUM MANAGEMENT.
1
‘‘(a) FEDERAL COORDINATION PROCEDURES.—
2
‘‘(1) NOTICE.—With respect to each spectrum
3
action, the Assistant Secretary shall file in the pub-
4
lic record with respect to such spectrum action, not
5
later than the end of the period for submitting com-
6
ments to the Commission with respect to such spec-
7
trum action, information (redacted as necessary if
8
the information is protected from disclosure for a
9
reason described in paragraph (3)) regarding—
10
‘‘(A) the date on which the Commission
11
provided to the Assistant Secretary notice of
12
the spectrum action, as required under the
13
Memorandum;
14
‘‘(B) the Federal entities that may be im-
15
pacted by the spectrum action;
16
‘‘(C) the date on which the Assistant Sec-
17
retary provided to the Federal entities described
18
in subparagraph (B) notice of the spectrum ac-
19
tion;
20
‘‘(D) a summary of technical or procedural
21
concerns, if any, of Federal entities with respect
22
to the spectrum action; and
23
‘‘(E) a summary of policy concerns, if any,
24
of the Assistant Secretary with respect to the
25
spectrum action.
26
VerDate Sep 11 2014
03:24 Mar 17, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1341.IH
H1341
kjohnson on DSK79L0C42PROD with BILLS
3
•HR 1341 IH
‘‘(2) FINAL RULE.—If the Commission promul-
1
gates a final rule under section 553 of title 5,
2
United States Code, involving a spectrum action, the
3
Commission shall prepare, make available to the
4
public, and publish in the Federal Register along
5
with the final rule an interagency coordination sum-
6
mary that describes—
7
‘‘(A) the date on which the Commission
8
provided to the Assistant Secretary notice of
9
the spectrum action, as required under the
10
Memorandum;
11
‘‘(B) whether concerns were raised under
12
subparagraph (D) or subparagraph (E) of para-
13
graph (1) and, if so, the concerns raised; and
14
‘‘(C) how any such concerns were resolved.
15
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in
16
this subsection may be construed to require the dis-
17
closure of classified information, or other informa-
18
tion reflecting technical, procedural, or policy con-
19
cerns that are exempt from disclosure under section
20
552 of title 5, United States Code.
21
‘‘(b) MEMORANDUM.—
22
‘‘(1) MEMORANDUM UPDATES.—Not later than
23
3 years after the date of the enactment of this sec-
24
tion, and not less frequently than every 4 years
25
VerDate Sep 11 2014
03:24 Mar 17, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1341.IH
H1341
kjohnson on DSK79L0C42PROD with BILLS
4
•HR 1341 IH
thereafter, the Commission and the NTIA shall up-
1
date the Memorandum.
2
‘‘(2) NATURE OF UPDATES.—In updating the
3
Memorandum under paragraph (1), the Commission
4
and the NTIA shall ensure that each update reflects
5
changing technological, procedural, and policy cir-
6
cumstances, as determined necessary and appro-
7
priate by the Commission and the NTIA.
8
‘‘(c) DEFINITIONS.—In this section:
9
‘‘(1) MEMORANDUM.—The term ‘Memorandum’
10
means the Memorandum of Understanding between
11
the Commission and the NTIA (relating to increased
12
coordination between Federal spectrum management
13
agencies to promote the efficient use of the radio
14
spectrum in the public interest), signed on August 1,
15
2022, or any successor memorandum.
16
‘‘(2) SPECTRUM ACTION.—The term ‘spectrum
17
action’ means any proposed action by the Commis-
18
sion to reallocate radio frequency spectrum that is
19
anticipated to result in a system of competitive bid-
20
ding conducted under section 309(j) of the Commu-
21
nications Act of 1934 (47 U.S.C. 309(j)) or licens-
22
ing that could potentially impact the spectrum oper-
23
ations of a Federal entity.’’.
24
Æ
VerDate Sep 11 2014
03:24 Mar 17, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H1341.IH
H1341
kjohnson on DSK79L0C42PROD with BILLS