SHARE Act

I 116TH CONGRESS 1ST SESSION H. R. 5000 To amend the National Telecommunications and Information Administration Organization Act to provide for the establishment of an electromagnetic spectrum sharing prototyping program and an integrated spectrum auto- mation enterprise strategy, and for other purposes. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 8, 2019 Mr. MICHAEL F. DOYLE of Pennsylvania (for himself and Mr. LATTA) intro- duced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the National Telecommunications and Information Administration Organization Act to provide for the estab- lishment of an electromagnetic spectrum sharing proto- typing program and an integrated spectrum automation enterprise strategy, 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 ‘‘Studying How to Har- 4 ness Airwave Resources Efficiently Act of 2019’’ or the 5 ‘‘SHARE Act’’. 6 VerDate Sep 11 2014 23:06 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5000.IH H5000 kjohnson on DSK79L0C42 with BILLS 2 •HR 5000 IH SEC. 2. NTIA ELECTROMAGNETIC SPECTRUM SHARING 1 PROTOTYPING PROGRAM AND AUTOMATION 2 STRATEGY. 3 Part A of the National Telecommunications and In- 4 formation Administration Organization Act (47 U.S.C. 5 901 et seq.) is amended by adding at the end the fol- 6 lowing: 7 ‘‘SEC. 106. ELECTROMAGNETIC SPECTRUM SHARING 8 PROTOTYPING PROGRAM AND AUTOMATION 9 STRATEGY. 10 ‘‘(a) PROTOTYPING PROGRAM.— 11 ‘‘(1) IN GENERAL.—Not later than 1 year after 12 the date of the enactment of the Studying How to 13 Harness Airwave Resources Efficiently Act of 2019, 14 the Assistant Secretary, in consultation with the 15 Commission, shall establish a program to facilitate 16 the prototyping of innovative technologies and tech- 17 niques that facilitate the sharing of the same cov- 18 ered electromagnetic spectrum by more than one 19 Federal entity. 20 ‘‘(2) SHARING TEST BED.—Not later than 15 21 months after the date of the enactment of the 22 Studying How to Harness Airwave Resources Effi- 23 ciently Act of 2019, the Assistant Secretary, in con- 24 sultation with the Commission, shall, under the pro- 25 gram established under paragraph (1), establish at 26 VerDate Sep 11 2014 23:06 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5000.IH H5000 kjohnson on DSK79L0C42 with BILLS 3 •HR 5000 IH least one test bed to demonstrate the potential for 1 the dynamic sharing of the same covered electro- 2 magnetic spectrum by more than one Federal entity. 3 ‘‘(b) DEVELOPMENT OF INTEGRATED SPECTRUM AU- 4 TOMATION ENTERPRISE STRATEGY.— 5 ‘‘(1) IN GENERAL.—Not later than 18 months 6 after the date of the enactment of the Studying How 7 to Harness Airwave Resources Efficiently Act of 8 2019, the Assistant Secretary, in consultation with 9 the Commission, shall, under the program estab- 10 lished under subsection (a)(1), propose, after notice 11 and opportunity for comment, an integrated spec- 12 trum automation enterprise strategy to address the 13 management of covered electromagnetic spectrum in 14 order to facilitate the sharing of such spectrum by 15 more than one Federal entity. 16 ‘‘(2) MATTERS ENCOMPASSED.—In developing 17 the strategy under paragraph (1), the Assistant Sec- 18 retary shall consider, at a minimum, whether to pro- 19 pose in the strategy— 20 ‘‘(A) changes in policy or to the law, in- 21 cluding legislative and regulatory changes; and 22 ‘‘(B) using— 23 ‘‘(i) databases; 24 ‘‘(ii) artificial intelligence; 25 VerDate Sep 11 2014 23:06 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5000.IH H5000 kjohnson on DSK79L0C42 with BILLS 4 •HR 5000 IH ‘‘(iii) spectrum management proc- 1 esses; 2 ‘‘(iv) public-facing application pro- 3 gramming interfaces and online tools; 4 ‘‘(v) automatic frequency coordination 5 systems, including standard interfaces and 6 data exchange formats and requirements; 7 ‘‘(vi) spectrum enforcement require- 8 ments; 9 ‘‘(vii) listen-before-talk; 10 ‘‘(viii) environmental sensing capabili- 11 ties; and 12 ‘‘(ix) electromagnetic spectrum com- 13 patibility analyses. 14 ‘‘(3) UPDATES TO STRATEGY.—Not later than 15 2 years after the strategy under paragraph (1) is 16 proposed, and every 2 years thereafter, the Assistant 17 Secretary shall update such strategy. 18 ‘‘(c) BIANNUAL REPORT.—Not later than 18 months 19 after the date of the enactment of the Studying How to 20 Harness Airwave Resources Efficiently Act of 2019, and 21 in the last quarter of each even-numbered calendar year 22 thereafter, the Assistant Secretary, in consultation with 23 the Commission, shall submit to the Committee on Energy 24 and Commerce of the House of Representatives and the 25 VerDate Sep 11 2014 23:06 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5000.IH H5000 kjohnson on DSK79L0C42 with BILLS 5 •HR 5000 IH Committee on Commerce, Science, and Transportation of 1 the Senate a report containing the status and results of 2 the program established under subsection (a), including 3 the status and results of the test bed established under 4 paragraph (2) of such subsection and the strategy devel- 5 oped under subsection (b). 6 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 7 is authorized to be appropriated to the Assistant Secretary 8 to carry out this section $50,000,000. Such amounts are 9 authorized to remain available until expended. 10 ‘‘(e) DEFINITIONS.—In this section: 11 ‘‘(1) COVERED ELECTROMAGNETIC SPEC- 12 TRUM.—The term ‘covered electromagnetic spec- 13 trum’ means electromagnetic spectrum allocated for 14 exclusive or primary use by Federal entities. 15 ‘‘(2) FEDERAL ENTITY.—The term ‘Federal en- 16 tity’ has the meaning given such term in section 17 113(l).’’. 18 SEC. 3. FCC AND NTIA REPORT ON EXPANDING SPECTRUM 19 SHARING TECHNIQUES AND SHARING STRAT- 20 EGIES. 21 (a) REPORT.—Not later than 1 year after the conclu- 22 sion of the first auction of Priority Access Licenses in the 23 3.5 gigahertz band, the Federal Communications Commis- 24 sion and the Assistant Secretary of Commerce for Com- 25 VerDate Sep 11 2014 23:06 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5000.IH H5000 kjohnson on DSK79L0C42 with BILLS 6 •HR 5000 IH munications and Information, in consultation with the Di- 1 rector of the National Institute of Standards and Tech- 2 nology, after notice and opportunity for comment, shall 3 submit to the Committee on Energy and Commerce of the 4 House of Representatives and the Committee on Com- 5 merce, Science, and Transportation of the Senate a report 6 that assesses and provides recommendations for expanding 7 upon and improving spectrum sharing techniques devel- 8 oped for use in the 3.5 gigahertz band, or other spectrum 9 sharing strategies, that includes the following consider- 10 ations: 11 (1) How to promote an ecosystem of devices 12 employing such sharing techniques or such other 13 sharing strategies. 14 (2) How to incentivize spectrum users to em- 15 ploy such sharing techniques or such other sharing 16 strategies. 17 (3) How to ensure that any Federal protection 18 zones and corresponding technical rules and power 19 levels are no more protective than necessary. 20 (4) The applicability of such sharing techniques 21 or such other sharing strategies to frequencies be- 22 tween 3100 megahertz and 3550 megahertz, inclu- 23 sive, and frequencies between 7125 megahertz and 24 8400 megahertz, inclusive, to the extent any portion 25 VerDate Sep 11 2014 23:06 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5000.IH H5000 kjohnson on DSK79L0C42 with BILLS 7 •HR 5000 IH of such frequencies cannot be cleared in a reasonable 1 amount of time. 2 (b) RULE OF CONSTRUCTION.—Nothing in sub- 3 section (a)(4) may be construed to require that every spec- 4 trum sharing technique developed for use in the 3.5 5 gigahertz band be recommended for use in other bands. 6 Æ VerDate Sep 11 2014 23:06 Nov 15, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H5000.IH H5000 kjohnson on DSK79L0C42 with BILLS