Government Spectrum Valuation Act

Summary#

This bill requires the National Telecommunications and Information Administration (NTIA) to estimate the monetary value of electromagnetic spectrum that is assigned or otherwise allocated to each Federal entity. The covered frequencies run from 3 kilohertz up to 95 gigahertz. NTIA must consult with the Federal Communications Commission (the Commission) and the Office of Management and Budget (OMB) when making the estimates.

The bill sets a schedule for the estimates: frequencies from 3 kHz to 33 GHz must be estimated within 1 year of enactment and every 3 years after; 33 GHz to 66 GHz within 2 years and every 3 years after; and 66 GHz to 95 GHz within 3 years and every 3 years after. NTIA must base each estimate on the value the spectrum would have if reallocated for the highest potential licensed or unlicensed commercial wireless use that did not already have access to that spectrum at the time of the estimate. NTIA may consider federal mission needs while estimating values and should use dynamic scoring methods when practicable.

NTIA must publicly disclose how it arrived at each estimate, except for any classified, law enforcement-sensitive, or proprietary information. Such protected information may not be publicly disclosed but must be provided to any Member of Congress upon request in a classified annex. The bill also requires each Federal entity that uses covered spectrum to report the most recent estimated value in its budget materials submitted to the President and in the entity’s annual financial statement.

The bill makes conforming amendments to the NTIA Organization Act and was introduced in the Senate by Mr. Lee and referred to the Commerce, Science, and Transportation Committee.