Bill on Agency Relocation Costs Could Help Put Spectrum Into Private Use

At a July 12 hearing, the House Communications & Technology Subcommittee passed, on a voice vote, H.R. 3430, the Spectrum Relocation Enhancement Act. H.R. 3430 is bipartisan measure that is sponsored by Rep. Doris Matsui and co-sponsored by Rep. Randy Weber. The substitute bill for H.R. 3430 that was approved by the House Subcommittee is available via the Subcommittee's website.

H.R. 3430 sets forth basic eligibility criteria for federal agency users of spectrum to receive reimbursement from the Spectrum Relocation Fund (SRF) for relocation or sharing costs. The bill sets forth processes by which those agencies may receive payment. And it expands the NTIA's oversight role in approving disbursements of payments from the SRF to federal agencies to ensure proper use. 

 

On many, many, many occasions, Free State Foundation scholars have stressed the importance of freeing up more spectrum for private commercial use – including shared use by incumbent federal agency users and private users as well as exclusive licensed use by private users. In both scenarios, the federal agencies tasked with relinquishing their use or amount of use of spectrum may incur significant costs and need additional financial resources to resume agency operations utilizing less spectrum or spectrum located in different bands. Any measure that streamlines payments to such federal agency users and gives them improved financial incentives to act in a cooperative and timely manner should be welcome. H.R. 3430 appears to fit this purpose.

 

The House Energy and Commerce Committee ought to give H.R. 3430 prompt consideration. That being said, good governance bills regarding spectrum reallocations won't mean much if the spectrum pipeline stays empty and the FCC's spectrum license auction authority remains lapsed. Accordingly, the House should take up and pass H.R. 3565 – the Spectrum Auction Reauthorization Act of 2023. If it becomes law, H.R. 3565 would restore the Commission's auction authority and it would direct the NTIA to conduct feasibility studies for making spectrum available in the 4 GHz and 7/8 GHz bands.