Spectrum Coordination Act
The Spectrum Coordination Act would add a new provision (Section 106) to the NTIA/FCC framework to improve coordination on spectrum actions. Under the bill, the Federal Communications Commission (the Commission) and the National Telecommunications and Information Administration (NTIA) must strengthen and document interagency coordination for spectrum reallocations or licensing that could affect federal operations. The bill requires the Commission and NTIA to publicly record and share information about each spectrum action, provide interagency coordination summaries in final rules, and periodically update their governing Memorandum of Understanding (MOU) to reflect changing technology and policy. The overall aim is greater transparency and collaboration between federal spectrum users and the agencies that regulate and manage spectrum. In practical terms, the bill creates formal steps for notifying federal entities, documenting concerns from both agencies, and disclosing how concerns are resolved when the FCC undertakes spectrum actions that could impact federal operations or lead to competitive bidding/licensing. It also preserves a discretion not to disclose classified or other sensitive information. The act signals a shift toward more structured, publicly visible coordination between FCC and NTIA in spectrum management.
Key Points
- 1Notice and public record requirements: For every spectrum action, the NTIA Assistant Secretary must file in the public record details such as when the FCC notified NTIA, which federal entities may be affected, when NTIA notified those entities, and summaries of any technical, procedural, or policy concerns raised by federal entities or the NTIA.
- 2Interagency coordination summary in final rules: If the FCC issues a final rule involving a spectrum action, the FCC must publish an interagency coordination summary in the Federal Register describing the notice date to NTIA, the concerns raised (if any), and how those concerns were resolved.
- 3Protection for sensitive information: The act allows redaction of certain information in the public record when disclosure is prohibited for reasons such as classification or other protections under the U.S. Code.
- 4Memorandum updates: The FCC and NTIA must update the Memorandum of Understanding at least every four years and, more specifically, within three years after enactment, ensuring updates reflect evolving technology, procedures, and policy circumstances.
- 5Definitions and scope: The bill defines “Memorandum” as the MOU between the FCC and NTIA (from August 1, 2022, or a successor) and “spectrum action” as FCC actions to reallocate spectrum likely to involve bidding under 47 U.S.C. 309(j) or licensing that could affect federal spectrum operations.