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Redesignates existing section 105 (47 U.S.C. 904) as section 106.
Inserts a new section 105 after section 104 (47 U.S.C. 903) establishing requirements for NTIA (in consultation with the Commission and OMB) to estimate the value of electromagnetic spectrum in the covered band assigned to each Federal entity and related definitions, methodologies, disclosure rules, and reporting requirements.
Requires the National Telecommunications and Information Administration (NTIA), working with the Federal Communications Commission (FCC) and the Office of Management and Budget (OMB), to estimate the monetary value of electromagnetic spectrum from 3 kHz to 95 GHz that is assigned or allocated to each Federal entity. It sets a schedule for when different frequency bands must be valued, directs NTIA to disclose its valuation methods (with limited exceptions for classified or proprietary information), and requires Federal entities to include those estimated values in their budgets and annual financial statements.
Redesignate current section 105 of Part A of the NTIA Organization Act as section 106. This is a technical renumbering in the statute.
Insert a new section 105 titled "Estimate of value of electromagnetic spectrum" into Part A of the NTIA Organization Act. This creates the legal basis for the spectrum-value estimates described below.
Define the term "covered band" to mean the band of frequencies between 3 kilohertz and 95 gigahertz.
Define the term "Federal entity" by reference to the meaning given in section 113(l) of the Act.
Define the term "OMB" to mean the Office of Management and Budget.
Who is affected and how:
Federal executive branch agencies: Directly affected. Agencies that hold or use assigned/allocated spectrum must have the estimated monetary value of that spectrum calculated and incorporated into their budget submissions and annual financial statements. This creates a new reporting obligation and administrative workload (data collection, coordination with NTIA, possible accounting adjustments).
Department of Defense and other national security components: Highly affected. Many national security agencies hold significant spectrum rights; they will have to provide valuation inputs but may limit disclosure of sensitive details. The law allows limited withholding for classified information, but agencies will still need to coordinate with NTIA on valuations, which could raise operational and oversight sensitivities.
NTIA, FCC, and OMB: Lead implementers. NTIA must design and publish valuation methods, coordinate interagency work, and produce valuations on a required schedule. FCC input is needed for technical and market context; OMB plays a role in integrating values into budget processes.
Telecommunications and broadband service providers and other spectrum users (private sector): Indirectly affected. Public federal valuations could influence policy debates about spectrum reallocation, leasing, or auctions and affect market expectations about future federal spectrum availability. Valuations may be used by policymakers evaluating cost/benefit of repurposing or monetizing federal spectrum assets.
Oversight bodies and Congress: Benefit from increased transparency and standardized information about federal spectrum holdings and potential fiscal impacts, enabling more informed oversight and policy decisions.
Administrative and budgetary effects:
Compliance burden: Agencies will incur costs (staff time, accounting work, possibly consulting) to support valuations and incorporate results into financial reporting.
No direct appropriation: The provision does not provide funding for implementation; agencies may need to reallocate resources.
Methodology and confidentiality tradeoffs: NTIA must balance transparent valuation methods with protections for classified or proprietary information; this balance may limit the usability of some public information for external stakeholders.
Longer-term policy implications:
Standardized valuations could enable future policy actions (e.g., spectrum swaps, leasing, auctions, or charges) by clarifying the fiscal value of federal holdings.
Revealing values (even high-level) may incentivize efforts to optimize spectrum use, but could also prompt debates over national security exemptions and the appropriateness of monetizing certain federal-held bands.
Expand sections to see detailed analysis
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Introduced February 27, 2025 by Mike Lee · Last progress February 27, 2025
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Introduced in Senate