SPECTRUM AUCTIONS.

SEC. 90008. [47 U.S.C. 921 note] SPECTRUM AUCTIONS. (a) Definitions.—In this section: (1) Commission.—The term “Commission” means the Federal Communications Commission. (2) Covered band.—The term “covered band” means the band of frequencies between 3100 and 3450 megahertz. (3) Relevant congressional committees.—The term “relevant congressional committees” means— (A) the Committee on Armed Services of the Senate; (B) the Committee on Armed Services of the House of Representatives; (C) the Committee on Commerce, Science, and Transportation of the Senate; and (D) the Committee on Energy and Commerce of the House of Representatives. (b) 3.1-3.45 GHz Band.— (1) Pre-auction funding.— (A) In general.—On the date of enactment of this Act, the Director of the Office of Management and Budget shall transfer $50,000,000 from the Spectrum Relocation Fund established under section 118 of the National Telecommunications and Information Administration Act (47 U.S.C. 928) to the Department of Defense for the purpose of research and development, engineering studies, economic analyses, activities with respect to systems, or other planning activities to improve efficiency and effectiveness of the spectrum use of the Department of Defense in order to make available electromagnetic spectrum in the covered band— (i) for reallocation for shared Federal and non-Federal commercial licensed use; and (ii) for auction under paragraph (3) of this subsection. (B) Exemption.—Section 118(g) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(g)) shall not apply with respect to the payment required under subparagraph (A). (C) Report to secretary of commerce.—For purposes of paragraph (2)(A), the Secretary of Defense shall report to the Secretary of Commerce the findings of the planning activities described in subparagraph (A) of this paragraph. (2) Identification.— (A) In general.—Not later than 21 months after the date of enactment of this Act, in accordance with the findings of the planning activities described in paragraph (1)(A) and subject to the determination of the Secretary of Defense under subparagraph (B) of this paragraph, the Secretary of Commerce, in coordination with the Secretary of Defense, the Director of the Office of Science and Technology Policy, and relevant congressional committees, shall— (i) determine which frequencies of electromagnetic spectrum in the covered band could be made available on a shared basis between Federal use and non-Federal commercial licensed use, subject to flexible-use service rules; and (ii) submit to the President and the Commission a report that identifies the frequencies determined appropriate under clause (i). (B) Required determination.—The Secretary of Commerce may identify frequencies under subparagraph (A)(ii) only if the Secretary of Defense has determined that sharing those frequencies with non-Federal users would not impact the primary mission of military spectrum users in the covered band. (3) Auction.—Not earlier than November 30, 2024, the Commission, in consultation with the Assistant Secretary of Commerce for Communications and Information, shall begin a system of competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) to grant new licenses for the spectrum identified under paragraph (2)(A)(ii) of this subsection. (4) Sharing of spectrum.—Not earlier than May 31, 2025, the President shall modify any assignment to a Federal Government station of the frequencies identified under clause (ii) of paragraph (2)(A) in order to accommodate shared Federal and non-Federal commercial licensed use in accordance with that paragraph. (5) Auction proceeds to cover 110 percent of federal relocation or sharing costs.—Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)). (c) FCC Auction Authority.— (1) Termination.—Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is amended by inserting after “2025” the following: “, and with respect to the electromagnetic spectrum identified under section 90008(b)(2)(A)(ii) of the Infrastructure Investment and Jobs Act, such authority shall expire on the date that is 7 years after the date of enactment of that Act”. (2) Spectrum pipeline act of 2015.—Section 1006(c)(1) of the Spectrum Pipeline Act of 2015 (Public Law 114-74; 129 Stat. 624) is amended by striking “2022” and inserting “2024”.