Spectrum Innovation Act of 2022

Spectrum Innovation Act of 2022

This bill addresses auctions of, and other matters related to, portions of the electromagnetic spectrum allocated for federal use. The bill also establishes grants for and otherwise modifies provisions concerning next generation 9-1-1 systems (i.e., interoperable Internet Protocol-based systems for receiving 9-1-1 calls).

The bill extends to March 31, 2024, the authority of the Federal Communications Commission (FCC) to auction and license electromagnetic spectrum. (Under current law, the authority expires on September 30, 2022.)

Additionally, the bill establishes a process for auctioning specified parts of the spectrum currently allocated for federal use. The Office of Management and Budget must transfer certain funding to federal entities for planning activities related to reallocating and auctioning spectrum while the National Telecommunications and Information Administration (NTIA) and the Executive Office of the President must oversee the planning. The Department of Commerce must, informed by the planning, identify the spectrum to auction, and the FCC must adopt rules for the use of the identified spectrum and auction the licenses.

Further, the bill addresses shared use of spectrum bands by federal and nonfederal users. For example, the NTIA must implement an incumbent informing capability system to manage harmful interference when nonfederal users and incumbent federal entities share spectrum.

The bill also establishes the Public Safety and Secure Networks Fund and directs a portion of spectrum auction proceeds to the fund for, among other purposes, reimbursing telecommunications providers for replacing equipment that poses risks to national security and safety.

Spectrum Innovation Act of 2021

This bill specifies a process for auctioning a portion of the electromagnetic spectrum between 3100 megahertz (MHz) and 3540 MHz for nonfederal use, shared federal and nonfederal use, or a combination of those uses. Most wireless technologies (e.g., mobile communication) rely on the electromagnetic spectrum to transmit signals.

Specifically, the Office of Management and Budget must transfer funding from the Spectrum Reallocation Fund to federal entities for planning related to the reallocation. The National Telecommunications and Information Administration (NTIA) and the Executive Office of the President must oversee the planning.

Informed by the planning, the Department of Commerce must identify at least 200 MHz of spectrum for reallocation. In identifying the spectrum, Commerce must consult with the Department of Defense, the Office of National Science and Technology Policy, and the Federal Communications Commission (FCC). The FCC must (1) adopt rules authorizing the use of the identified spectrum in consultation with the NTIA, and (2) auction licenses for the identified spectrum within seven years of the bill's enactment.

Additionally, the President must modify or withdraw (subject to certain limits) current federal assignments of the identified spectrum to increase nonfederal use. The FCC must allow for opportunistic uses (i.e., allow devices to opportunistically identify and transmit on unused spectrum without infringing on the rights of the spectrum license holder) of a withdrawn or modified assignment. An allowed opportunistic use must cease after the auction if the use is inconsistent with the rights of the licensee that obtains its license through the auction.