H.R. 8545 – Beat CHINA for 5G Act of 2020

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Updated April 14, 2026 at 3:27 PM UTC

The Beat CHINA for 5G Act of 2020 directs the federal government to free up the 3450‑3550 MHz band of the radio spectrum and have the Federal Communications Commission (FCC) auction it for flexible‑use services. The goal is to make more spectrum available for 5G wireless networks, especially to keep the United States competitive with China. The bill affects federal agencies that currently use the band and commercial wireless providers that could win the new licenses.

Key Provisions

Within 180 days of the law’s enactment, the President, via the Assistant Secretary of Commerce for Communications and Information, must start withdrawing or modifying any federal assignments of the 3450‑3550 MHz band and notify the FCC when done.
The FCC must revise the non‑federal allocation of that band to allow flexible‑use services and, by Dec 31 2021, begin a competitive bidding (auction) process to issue new licenses.
The auction proceeds must be sufficient to cover at least 110 % of the costs incurred by the federal government for relocating or sharing the spectrum.

Legislative Activity

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1 earlier action

HouseIntro Referral Latest Action

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

October 6, 2020

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HouseIntro Referral

Introduced in House

October 6, 2020

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

October 6, 2020

Bill Text

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Introduced in HouseIssued October 6, 2020

I

116th CONGRESS

2d Session

H. R. 8545

IN THE HOUSE OF REPRESENTATIVES

October 6, 2020

Mr. Walden (for himself, Mr. Latta, and Mr. Guthrie) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To provide for the reallocation and auction of the electromagnetic spectrum between the frequencies of 3450 megahertz and 3550 megahertz, and for other purposes.

1.

Short title

This Act may be cited as the Beat China by Harnessing Important, National Airwaves for 5G Act of 2020 or the Beat CHINA for 5G Act of 2020.

2.

Reallocation and auction of 3450–3550 MHz spectrum band

(a)

Withdrawal or modification of Federal Government assignments

The President, acting through the Assistant Secretary of Commerce for Communications and Information, shall—

(1)

not later than 180 days after the date of the enactment of this Act, in coordination with relevant Federal users, begin the process (if necessary) of withdrawing or modifying the assignments to Federal Government stations of the electromagnetic spectrum between the frequencies of 3450 megahertz and 3550 megahertz, inclusive; and

(2)

not later than 30 days after completing any such necessary withdrawal or modification under paragraph (1), notify the Commission that the withdrawal or modification is complete.

(b)

Reallocation and auction

(1)

In general

The Commission shall—

(A)

revise the non-Federal allocation for the electromagnetic spectrum between the frequencies of 3450 megahertz and 3550 megahertz, inclusive, to permit flexible-use services; and

(B)

notwithstanding paragraph (15)(A) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), not later than December 31, 2021, begin a system of competitive bidding under such section to grant new initial licenses for the use of such spectrum, subject to flexible-use service rules.

(2)

Exemption from notification requirement

The first sentence of section 113(g)(4)(A) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(4)(A)) shall not apply with respect to the system of competitive bidding required by paragraph (1)(B).

(3)

Proceeds to cover 110 percent of Federal relocation or sharing costs

Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)).

(c)

Commission defined

In this section, the term Commission means the Federal Communications Commission.