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Provide for reconciliation pursuant to title II of H. Con. Res. 14 › Section 40002

Spectrum Auctions

Section 40002 · Sec. 40002 ·

What this chapter is about

This part restarts the sale of radio spectrum by auction. The power to run auctions now runs to September 30, 2034. At least 300 megahertz must be sold, and 500 more must be found and sold on a set timetable. Two bands are ruled out, and the President may pull a band for national security.

7 proposals indexed from this chapter.

The document says “meansWho acts: CongressHow: statuteSec. 40002 in the PDF
What the document says

“except as provided in subparagraph (B), means the band of frequencies between 1.3 gigahertz and 10.5 gigahertz; and”

To provide for reconciliation pursuant to title II of H. Con. Res. 14, Sec. 40002

The section defines the covered band as the frequencies between 1.3 and 10.5 gigahertz, excluding the bands between 3.1 and 3.45 gigahertz and between 7.4 and 8.4 gigahertz for purposes of auction, reallocation, modification or withdrawal. It also defines the Assistant Secretary as the Assistant Secretary of Commerce for Communications and Information, the Commission as the Federal Communications Commission, and full-power commercial licensed use cases as flexible use wireless broadband services with base station power levels sufficient for high-power, high-density and wide-area commercial mobile services, consistent with part 27 of title 47 of the Code of Federal Regulations.

What the document actually says

“except as provided in subparagraph (B), means the band of frequencies between 1.3 gigahertz and 10.5 gigahertz; and”

To provide for reconciliation pursuant to title II of H. Con. Res. 14, Sec. 40002
That sentence, in plain words

The band runs from 1.3 gigahertz to 10.5 gigahertz. Some of it is left out, as set out below.

What this is about

Two slices are carved out. One runs from 3.1 to 3.45 gigahertz. The other runs from 7.4 to 8.4 gigahertz. Neither may be sold or moved.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “is amendedWho acts: Federal Communications CommissionHow: statuteSec. 40002 in the PDF
What the document says

“complete a system of competitive bidding under this subsection shall expire September 30, 2034, except that, with respect to the electromagnetic spectrum--”

To provide for reconciliation pursuant to title II of H. Con. Res. 14, Sec. 40002

The section amends section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)) by striking the older expiry wording and inserting words under which the authority to complete a system of competitive bidding expires September 30, 2034, and does not apply between 3.1 and 3.45 gigahertz or between 7.4 and 8.4 gigahertz.

What the document actually says

“complete a system of competitive bidding under this subsection shall expire September 30, 2034, except that, with respect to the electromagnetic spectrum--”

To provide for reconciliation pursuant to title II of H. Con. Res. 14, Sec. 40002
That sentence, in plain words

The power to finish an auction now runs to September 30, 2034. Two parts of the spectrum are treated apart.

What this is about

Those two slices are the ones carved out elsewhere in the section. The power does not reach them at all. The older law it sits in is not indexed here.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shallWho acts: Federal Communications CommissionHow: statuteSec. 40002 in the PDF
What the document says

“The Commission shall grant licenses through systems of competitive bidding, before the expiration of the general auction authority of the Commission under section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)), as amended by paragraph (1) of this subsection, for not less than 300 megahertz”

To provide for reconciliation pursuant to title II of H. Con. Res. 14, Sec. 40002

The section requires the Commission to grant licenses by competitive bidding for at least 300 megahertz before the auction authority expires, including by completing a system of competitive bidding within two years of enactment for at least 100 megahertz in the band between 3.98 and 4.2 gigahertz.

What the document actually says

“The Commission shall grant licenses through systems of competitive bidding, before the expiration of the general auction authority of the Commission under section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)), as amended by paragraph (1) of this subsection, for not less than 300 megahertz”

To provide for reconciliation pursuant to title II of H. Con. Res. 14, Sec. 40002
That sentence, in plain words

The Commission must sell licenses by auction. It must cover at least 300 megahertz. It must do so before its power to auction runs out.

What this is about

Part of that must come sooner. At least 100 megahertz must be sold within two years. That slice runs from 3.98 to 4.2 gigahertz.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shallWho acts: Assistant Secretary of Commerce for Communications and InformationHow: statuteSec. 40002 in the PDF
What the document says

“The Assistant Secretary, in consultation with the Commission, shall identify 500 megahertz of frequencies in the covered band for reallocation to non-Federal use, shared Federal and non-Federal use, or a combination thereof”

To provide for reconciliation pursuant to title II of H. Con. Res. 14, Sec. 40002

The section requires the Assistant Secretary, consulting the Commission, to identify 500 megahertz in the covered band that were allocated for federal use at enactment, for reallocation to non-federal use, shared use or both, for full-power commercial licensed use cases. At least 200 megahertz must be identified within two years and the rest within four. In choosing frequencies the Assistant Secretary must judge the feasibility of reallocation, assessing net revenue potential and relocation or sharing costs, with the goal of maximizing net auction proceeds for the Treasury consistent with section 309(j) of the Communications Act of 1934.

What the document actually says

“The Assistant Secretary, in consultation with the Commission, shall identify 500 megahertz of frequencies in the covered band for reallocation to non-Federal use, shared Federal and non-Federal use, or a combination thereof”

To provide for reconciliation pursuant to title II of H. Con. Res. 14, Sec. 40002
That sentence, in plain words

The Assistant Secretary must find 500 megahertz to hand over. It may go to private use, to shared use, or to both. The Commission must be consulted.

What this is about

The spectrum must be in federal hands now. At least 200 megahertz must be found within two years. The rest must be found within four.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shallWho acts: Federal Communications CommissionHow: statuteSec. 40002 in the PDF
What the document says

“Not later than 4 years after the date of enactment of this Act, the Commission shall, after notifying the Assistant Secretary, complete 1 or more systems of competitive bidding for not less than 200 megahertz of the frequencies.”

To provide for reconciliation pursuant to title II of H. Con. Res. 14, Sec. 40002

The section requires the Commission to auction the identified frequencies on a set timetable: at least 200 megahertz within four years of enactment, and any remaining identified frequencies within eight years, in each case after notifying the Assistant Secretary.

What the document actually says

“Not later than 4 years after the date of enactment of this Act, the Commission shall, after notifying the Assistant Secretary, complete 1 or more systems of competitive bidding for not less than 200 megahertz of the frequencies.”

To provide for reconciliation pursuant to title II of H. Con. Res. 14, Sec. 40002
That sentence, in plain words

The Commission must finish an auction within four years. It must cover at least 200 megahertz. It must tell the Assistant Secretary first.

What this is about

The rest must be sold within eight years. Both deadlines run from the day this law passed. The same notice rule applies to each.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shallWho acts: PresidentHow: statuteSec. 40002 in the PDF
What the document says

“The President shall modify or withdraw any frequency proposed for reallocation under this section not later than 60 days before the commencement of a system of competitive bidding scheduled by the Commission with respect to that frequency”

To provide for reconciliation pursuant to title II of H. Con. Res. 14, Sec. 40002

The section requires the President to modify or withdraw any frequency proposed for reallocation, no later than 60 days before the auction of that frequency begins, where the President determines that doing so is necessary to protect the national security of the United States.

What the document actually says

“The President shall modify or withdraw any frequency proposed for reallocation under this section not later than 60 days before the commencement of a system of competitive bidding scheduled by the Commission with respect to that frequency”

To provide for reconciliation pursuant to title II of H. Con. Res. 14, Sec. 40002
That sentence, in plain words

The President must change or pull any band up for handover. It must be done at least 60 days before its auction starts.

What this is about

The power turns on one test. The President must find it needed to protect national security. Without that finding the auction goes ahead.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The document says “shallWho acts: Assistant Secretary of Commerce for Communications and InformationHow: statuteSec. 40002 in the PDF
What the document says

“there is appropriated to the Department of Commerce for fiscal year 2025, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available through September 30, 2034”

To provide for reconciliation pursuant to title II of H. Con. Res. 14, Sec. 40002

The section appropriates $50,000,000 to the Department of Commerce for fiscal year 2025, available through September 30, 2034, to support the Assistant Secretary in analyzing the bands between 2.7 and 2.9 gigahertz, between 4.4 and 4.9 gigahertz and between 7.25 and 7.4 gigahertz, and in publishing a report every two years, with the last due by June 30, 2034, on the value of all spectrum used by federal entities as defined in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)), valuing bands in increments of no more than 100 megahertz.

What the document actually says

“there is appropriated to the Department of Commerce for fiscal year 2025, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available through September 30, 2034”

To provide for reconciliation pursuant to title II of H. Con. Res. 14, Sec. 40002
That sentence, in plain words

Fifty million dollars goes to the commerce department. It is for fiscal year 2025. It can be spent through September 30, 2034.

What this is about

It pays for a study of three bands. It also pays for a report every two years. That report puts a value on spectrum the government uses.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

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What This Page Covers, and What It Leaves Out

Each distinct thing the section does: the definitions including the covered band and its two carve-outs, the extended auction authority, the 300 megahertz auction duty, the duty to identify 500 megahertz and the analysis behind it, the auction schedule, the President's power to modify or withdraw a frequency, and the appropriation for spectrum analysis and a biennial report.

The definitions of Assistant Secretary and Commission, and the two-step identification schedule, are carried in summaries rather than recorded as separate proposals.

The auction authority sits in section 309(j)(11) of the Communications Act of 1934, and the definition of a Federal entity comes from the National Telecommunications and Information Administration Organization Act, neither of which is indexed here.