Amateur Radio Spectrum Protection Act of 2005

Amateur Radio Spectrum Protection Act of 2005 - Prohibits the Federal Communications Commission (FCC) from reallocating primary allocations of bands of frequencies of the amateur radio and amateur satellite services, diminishing the secondary allocations of such bands to such services, or making additional allocations within such bands that would substantially reduce their utility to the amateur radio or satellite service, unless the FCC provides equivalent replacement spectrum to amateur radio and satellite service.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1236 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1236

   To ensure the availability of spectrum to amateur radio operators.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2005

Mr. Crapo (for himself, Mr. Baucus, Mr. Bond, Mr. Burns, and Mr. Akaka) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To ensure the availability of spectrum to amateur radio operators.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Amateur Radio Spectrum Protection 
Act of 2005''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) More than 650,000 radio amateurs in the United States 
        are licensed by the Federal Communications Commission.
            (2) Among the basic purposes of the Amateur Radio and 
        Amateur Satellite Services are to provide voluntary, 
        noncommercial radio service, particularly emergency 
        communications.
            (3) Emergency communications services by volunteer amateur 
        radio operators have consistently and reliably been provided 
        before, during, and after floods, hurricanes, tornadoes, forest 
        fires, earthquakes, blizzards, train accidents, chemical 
        spills, and other disasters.
            (4) The Federal Communications Commission has taken actions 
        which have resulted in the loss of at least 107 MHz of spectrum 
        to radio amateurs.

SEC. 3. FEDERAL POLICY REGARDING REALLOCATION OF AMATEUR RADIO 
              SPECTRUM.

    Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is 
amended by adding at the end the following new subsection:
    ``(z) Notwithstanding subsection (c), after the date of the 
enactment of this subsection--
            ``(1) make no reallocation of primary allocations of bands 
        of frequencies of the amateur radio and amateur satellite 
        services;
            ``(2) not diminish the secondary allocations of bands of 
        frequencies to the amateur radio or amateur satellite service; 
        and
            ``(3) make no additional allocations within such bands of 
        frequencies that would substantially reduce the utility thereof 
        to the amateur radio or amateur satellite service;
unless the Commission, at the same time, provides equivalent 
replacement spectrum to amateur radio and amateur satellite service.''.
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