Simplifying Management, Access, Reallocation, and Transfer of Spectrum Act or the SMART Spectrum Act
This bill requires the National Telecommunications and Information Administration to implement an incumbent informing capability in its regulation of the electromagnetic spectrum. The bill also outlines minimum requirements for the capability that address protection of classified information and other matters.
Incumbent informing capability is a mechanism that facilitates the sharing of spectrum allocated for both federal and nonfederal uses; it enables federal users to reliably inform nonfederal users when and where the federal systems are operating in order to manage harmful interference between the federal and nonfederal uses.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1677 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 1677
To amend the National Telecommunications and Information Administration
Organization Act to provide for an incumbent informing capability, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2023
Mr. Guthrie (for himself and Ms. Matsui) introduced 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 an incumbent informing capability, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Simplifying Management, Access,
Reallocation, and Transfer of Spectrum Act'' or the ``SMART Spectrum
Act''.
SEC. 2. INCUMBENT INFORMING CAPABILITY.
Part B of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 921 et seq.) is amended by
adding at the end the following:
``SEC. 120. INCUMBENT INFORMING CAPABILITY.
``(a) In General.--The Assistant Secretary shall--
``(1) not later than 120 days after the date of the
enactment of this section, begin to amend the Department of
Commerce spectrum management document entitled `Manual of
Regulations and Procedures for Federal Radio Frequency
Management' so as to incorporate an incumbent informing
capability; and
``(2) not later than the date on which amounts appropriated
to carry out this section are first made available, begin to
implement such capability, including the development and
testing of such capability.
``(b) Establishment of the Incumbent Informing Capability.--
``(1) In general.--The incumbent informing capability
required by subsection (a) shall include a system to enable
sharing, including time-based sharing, to securely manage
harmful interference between non-Federal users and incumbent
Federal entities sharing a band of covered spectrum and between
Federal entities sharing a band of covered spectrum.
``(2) Requirements.--The system required by paragraph (1)
shall contain, at a minimum, the following:
``(A) One or more mechanisms to allow non-Federal
use in covered spectrum, as authorized by the rules of
the Commission. Such mechanism or mechanisms shall
include interfaces to commercial sharing systems, as
appropriate.
``(B) One or more mechanisms to facilitate Federal-
to-Federal sharing, as authorized by the NTIA.
``(C) One or more mechanisms to prevent, eliminate,
or mitigate harmful interference to incumbent Federal
entities, including one or more of the following
functions:
``(i) Sensing.
``(ii) Identification.
``(iii) Reporting.
``(iv) Analysis.
``(v) Resolution.
``(D) Dynamic coordination area analysis,
definition, and control, if appropriate for a band.
``(3) Compliance with commission rules.--The incumbent
informing capability required by subsection (a) shall ensure
that use of covered spectrum is in accordance with the
applicable rules of the Commission.
``(4) Input of information.--
``(A) In general.--Each incumbent Federal entity
sharing a band of covered spectrum shall--
``(i) input into the system required by
paragraph (1) such information as the Assistant
Secretary may require, including the frequency,
time, and location of the use of the band by
such Federal entity; and
``(ii) to the extent practicable, input
such information into such system on an
automated basis.
``(B) Payment of costs.--Notwithstanding
subsections (c) through (e) of section 118 and
subparagraphs (C) through (E) of subsection (g)(2) of
such section, the Director of the Office of Management
and Budget, in consultation with the Assistant
Secretary, may use amounts available in the Spectrum
Relocation Fund to pay the costs incurred by Federal
entities to input information as required by
subparagraph (A).
``(5) Protection of classified information and controlled
unclassified information.--The system required by paragraph (1)
shall contain appropriate measures to protect classified
information and controlled unclassified information, including
any such classified information or controlled unclassified
information that relates to military operations.
``(c) Briefing.--Not later than 1 year after the date on which
amounts appropriated to carry out this section are first made
available, the Assistant Secretary shall provide a briefing on the
implementation of this section to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
``(d) Definitions.--In this section:
``(1) Covered spectrum.--The term `covered spectrum'
means--
``(A) electromagnetic spectrum for which usage
rights are assigned to or authorized for (including
before the date on which the incumbent informing
capability required by subsection (a) is implemented) a
non-Federal user or class of non-Federal users for use
on a shared basis with an incumbent Federal entity in
accordance with the rules of the Commission; and
``(B) electromagnetic spectrum allocated on a
primary or co-primary basis for Federal use that is
shared among Federal entities.
``(2) Federal entity.--The term `Federal entity' has the
meaning given such term in section 113(l).
``(3) Incumbent informing capability.--The term `incumbent
informing capability' means a capability to facilitate the
sharing of covered spectrum.
``(e) Rule of Construction.--Nothing in this section shall be
construed to alter or expand the authority of the NTIA as described in
section 113(j)(1).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Communications and Technology.
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