Government Spectrum Valuation Act
The Government Spectrum Valuation Act would require the National Telecommunications and Information Administration (NTIA), with input from the FCC and the Office of Management and Budget (OMB), to regularly estimate and disclose the monetary value of the electromagnetic spectrum in a broad “covered band” (3 kilohertz to 95 gigahertz) that is assigned to federal entities. The estimates would be updated on a defined schedule, with separate timeframes for different frequency ranges, and would be based on the value the spectrum would have if reallocated for high-value commercial wireless use. Federal entities would be required to report these values in their own budgets and annual financial statements. The bill also includes transparency requirements (with certain allowances for classified or proprietary information) and minor conforming amendments to the NTIA statute. In short, the bill aims to put a regular, market-based valuation on government spectrum and embed that value into federal budgeting and oversight, while balancing the need to preserve mission-critical federal use.
Key Points
- 1New valuation requirement and scope: Establishes a new Section 105 in the NTIA statute to require NTIA to estimate the value of spectrum in the covered band (3 kHz to 95 GHz) that is allocated to federal entities, in collaboration with the FCC and OMB.
- 2Defined timeline by frequency bands: Mandates valuations on a staged schedule:
- 3- 3 kHz to 33 GHz: within 1 year after enactment, then every 3 years.
- 4- 33 GHz to 66 GHz: within 2 years, then every 3 years.
- 5- 66 GHz to 95 GHz: within 3 years, then every 3 years.
- 6Basis and methodology for value: Requires the estimate to reflect the value if the spectrum were reallocated to the highest-valued commercial wireless use, while allowing for consideration of federal mission needs and dynamic scoring where feasible.
- 7Transparency and exceptions: Requires public disclosure of how estimates are calculated and any key findings, but allows withholding classified, law enforcement-sensitive, or proprietary information; such sensitive material must be provided to Congress in a classified annex upon request.
- 8Reporting to budgets and financial statements: Federal entities must include the latest estimated spectrum value in their annual budget submissions to the President (Office of Management and Budget/§1105 budget) and in their annual financial statements (to be filed under §3515). The statute also includes conforming amendments to ensure consistency in cross-references.