Voluntary Incentive Auctions Act of 2010

Voluntary Incentive Auctions Act of 2010 - Amends the Communications Act of 1934 to provide that, if consistent with the public interest for a licensee to voluntarily relinquish some or all of its spectrum usage rights in order to permit the assignment of new initial licenses or the allocation of spectrum for unlicensed use, the proceeds from the use of a competitive bidding system may be shared with any licensee who agreed to voluntarily relinquish such usage rights.

Prohibits the Federal Communications Commission (FCC) from reclaiming frequencies of broadcast television licensees or any other licensees on an involuntary basis for certain licensing purposes.

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5947 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5947

   To amend the Communications Act of 1934 to provide for voluntary 
       incentive auction revenue sharing, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2010

  Mr. Boucher (for himself and Mr. Stearns) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Communications Act of 1934 to provide for voluntary 
       incentive auction revenue sharing, and for other purposes.

    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 ``Voluntary Incentive Auctions Act of 
2010''.

SEC. 2. INCENTIVE-BASED AUCTIONS.

    Section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 
309(j)(8)) is amended--
            (1) in subparagraph (A), by striking ``(D), and (E),'' and 
        inserting ``(D), (E), and (F),''; and
            (2) by adding at the end the following:
                    ``(F) Voluntary incentive auction revenue sharing 
                plan.--If the Commission determines that it is 
                consistent with the public interest in utilization of 
                the spectrum for a licensee to relinquish voluntarily 
                some or all of its licensed spectrum usage rights in 
                order to permit the assignment of new initial licenses 
                or the allocation of spectrum for unlicensed use 
                subject to new service rules, the proceeds from the use 
                of a competitive bidding system under this subsection 
                may be shared, in an amount or percentage determined in 
                the discretion of the Commission, with any licensee who 
                agrees to participate in relinquishing voluntarily such 
                spectrum usage rights.''.

SEC. 3. FEDERAL COMMUNICATIONS COMMISSION ACTION.

    Not later than 1 year after the date of enactment of this Act, the 
Federal Communications Commission shall establish rules for the 
implementation of the voluntary incentive auction revenue sharing plan 
in section 309(j)(8)(F) of the Communications Act of 1934.

SEC. 4. PROHIBITION ON FEDERAL COMMUNICATIONS COMMISSION ACTION.

    (a) In General.--The Federal Communications Commission shall not 
reclaim frequencies of broadcast television licensees or any other 
licensees directly or indirectly on an involuntary basis for the 
purpose of section 309(j)(8)(F) of the Communications Act of 1934.
    (b) Savings Provision.--Nothing in this Act or in the amendments 
made by this Act shall permit, or be construed as permitting, the 
Federal Communications Commission to reclaim frequencies of broadcast 
television licensees or any other licensees directly or indirectly on 
an involuntary basis for the purpose of section 309(j)(8)(F) of the 
Communications Act of 1934.
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