House Commerce clears spectrum relocation bill

The House Energy and Commerce Committee backed legislation Wednesday aimed at improving the process for moving federal users off spectrum that has been reallocated and auctioned for commercial use.

Approved by voice vote, the bill would require the Commerce Department's National Telecommunications and Information Administration to make publicly available the transition plans of federal agency spectrum users that must be relocated after a spectrum auction.

The bill would require these plans to include data about the spectrum's current use, geographic location and the frequency bands of the spectrum, as well as outline the steps the federal users must take to relocate to a different band.

In addition, the legislation clarifies that in order for an agency to be eligible for funds to pay for the cost of relocating, it must complete the relocation within one year. The bill also would establish a process for resolving disputes over the execution, timing or cost of a federal agency's relocation plan.

The bill was prompted by concerns over the failure of some agencies to transition in a timely manner from spectrum that was auctioned off for wireless commercial use in 2006.

"If the government is requiring existing spectrum users to vacate reallocated bands, the government also needs to establish a meaningful process for relocating incumbent users," Energy and Commerce Communications Subcommittee ranking member Rep. Cliff Stearns, R-Fla., said.

Energy and Commerce Chairman Rep. Henry Waxman, D-Calif., noted that the Obama administration has raised concerns with the bill and said he would try to address these issues before the bill goes to the House floor.

The concerns include whether agencies have adequate resources to plan properly for relocation once suitable spectrum has been identified, he said. "Adequate resources are critical for the agencies to produce accurate cost estimates and relocation schedules, including the ability to design and develop the equipment necessary for new spectrum frequencies," Waxman said.

He also said the bill must address whether agencies have the technology to upgrade their capabilities as part of the relocation process and provide more certainty to auction winners and federal agencies related to the timing and process involved in relocating spectrum users.

Despite such concerns, no one offered an amendment to address these issues. Rep. Steve Buyer, R-Ind., noted that he has asked for report language to ensure that federal agencies do what they need to do to honor the government's contract with auction winners.