Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum Act or the AIRWAVES Act
This bill requires the Federal Communications Commission (FCC) to complete auctions by December 31, 2020, that will grant priority access broadcast licenses for specified frequency spectrum bands.
The FCC and the National Telecommunications and Information Administration are directed to identify frequencies in specified spectrum bands that may be utilized for non-federal unlicensed use and commercial licensed use.
The FCC must allocate 10% of proceeds from each of the spectrum band auctions specified in the bill to expand wireless infrastructure in rural areas that are underserved or unserved.
The FCC shall conduct a study on how unlicensed frequency spectrum bands can be utilized for: (1) the provision of healthcare in rural areas, (2) distance learning, and (3) facilitating innovations in agriculture.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4953 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 4953
To facilitate a national pipeline of spectrum for commercial use, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 6, 2018
Mr. Lance (for himself, Mr. Michael F. Doyle of Pennsylvania, Mrs.
Brooks of Indiana, Mr. Welch, Mr. Guthrie, Ms. Matsui, Mr. Walberg, and
Ms. Clarke of New York) introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To facilitate a national pipeline of spectrum for commercial use, 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 ``Advancing Innovation and
Reinvigorating Widespread Access to Viable Electromagnetic Spectrum
Act'' or the ``AIRWAVES Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that the United States should strive
to--
(1) advance innovation with respect to, and investment in,
wireless broadband Internet access;
(2) promote the benefits of connecting all individuals in
the United States to quality wireless broadband Internet
access, including those individuals in rural communities; and
(3) support comprehensive, technology-neutral spectrum
policy that includes licensed, unlicensed, and shared use of
spectrum bands.
SEC. 3. DEFINITIONS.
In this Act--
(1) the term ``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of the
House of Representatives; and
(C) any other congressional committee with
jurisdiction over a matter;
(2) the term ``Commission'' means the Federal
Communications Commission;
(3) the term ``eligible Federal entity'' means an entity
described in section 113(g)(1) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(g)(1));
(4) the term ``eligible frequency'' means a frequency with
respect to which the costs incurred by an eligible Federal
entity in relocating from the frequency may be reimbursed from
the Spectrum Relocation Fund;
(5) the term ``Federal entity'' has the meaning given the
term in section 113(l) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 923(l));
(6) the term ``NTIA'' means the National Telecommunications
and Information Administration;
(7) the term ``Spectrum Frontiers proceeding'' means the
Report and Order and Further Notice of Proposed Rulemaking in
the matter of Use of Spectrum Bands Above 24 GHz for Mobile
Radio Services, adopted by the Commission on July 14, 2016 (FCC
16-89);
(8) the term ``Spectrum Relocation Fund'' means the fund
established under section 118 of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 928); and
(9) the term ``system of competitive bidding'' means a
system of competitive bidding conducted under section 309(j) of
the Communications Act of 1934 (47 U.S.C. 309(j)).
SEC. 4. SPECTRUM FRONTIERS PROCEEDING.
Not later than 1 year after the date of enactment of this Act, the
Commission shall complete the rule making to which the Spectrum
Frontiers proceeding relates.
SEC. 5. EXPANDING ACCESS TO COMMERCIAL SPECTRUM.
(a) FCC Responsibilities.--
(1) In general.--The Commission, in consultation with the
NTIA, shall--
(A) not later than December 31, 2018, complete a
system of competitive bidding to grant priority access
licenses for the use of 70 megahertz of spectrum in the
frequencies between 3550 megahertz and 3650 megahertz;
(B) not later than December 31, 2018, complete a
system of competitive bidding for the use of spectrum
in frequencies between--
(i) 24250 megahertz and 24450 megahertz;
(ii) 24750 megahertz and 25250 megahertz;
(iii) 27500 megahertz and 28350 megahertz,
consistent with the spectrum sharing framework
adopted for that frequency band as part of the
Spectrum Frontiers proceeding;
(iv) 37600 megahertz and 38600 megahertz;
(v) 38600 megahertz and 40000 megahertz;
and
(vi) 47200 megahertz and 48200 megahertz;
and
(C) not later than December 31, 2020, complete a
system of competitive bidding for the use of spectrum
in frequencies between--
(i) 31800 megahertz and 33400 megahertz;
(ii) 42000 megahertz and 42500 megahertz;
and
(iii) 50400 megahertz and 52600 megahertz.
(2) Requirements relating to 3550-3700 mhz band.--
Consistent with the Commission's rules governing the Citizens
Broadband Radio Service and the Report and Order and Second
Further Notice of Proposed Rulemaking in the matter of
Amendment of the Commission's Rules with Regard to Commercial
Operations in the 3550-3650 MHz Band, adopted by the Commission
on April 17, 2015 (FCC 15-47)--
(A) 30 megahertz of spectrum in the frequencies
between 3550 megahertz and 3650 megahertz shall be
reserved for general authorized access use; and
(B) the frequencies between 3650 megahertz and 3700
megahertz shall be reserved for grandfathered wireless
broadband licensees and general authorized access
users.
(b) Identifying Frequencies Between 7125 Megahertz and 8400
Megahertz To Be Utilized for Unlicensed Purposes.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the NTIA, in consultation with the
Commission, shall identify any frequency between 7125 megahertz
and 8400 megahertz with respect to which there is the potential
for unlicensed use without causing harmful interference with
incumbents.
(2) Rule making.--If the NTIA, in consultation with the
Commission, makes an identification described in paragraph (1),
the Commission shall consider initiating a rule making with
respect to the unlicensed use described in that paragraph.
(c) Report on Reallocation of Certain Incumbent Federal Stations.--
(1) In general.--Not later than December 31, 2020, the
NTIA, in consultation with the Director of the Office of
Management and Budget, shall submit to the appropriate
committees of Congress a report relating to the relocation of
incumbent Federal stations authorized to use spectrum in the
frequencies between 1300 megahertz and 1350 megahertz and
between 1780 megahertz and 1830 megahertz in order to
facilitate the reallocation of such spectrum from Federal to
non-Federal use.
(2) Timing.--The relocation described in paragraph (1) with
respect to the frequencies between 1780 megahertz and 1830
megahertz shall take place not earlier than 2023.
(d) Amendments to the Spectrum Pipeline Act of 2015.--Section 1004
of the Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note) is amended--
(1) in subsection (a), by striking ``30 megahertz'' and
inserting ``100 megahertz''; and
(2) in subsection (c)(1)(B), by striking ``July 1, 2024''
and inserting ``July 1, 2023''.
SEC. 6. MODERNIZING MID-BAND SPECTRUM.
(a) In General.--
(1) Spectrum identification.--Not later than December 31,
2019, the Commission, in consultation with the NTIA, shall
identify up to 500 megahertz of additional spectrum in the
frequencies between 3700 megahertz and 4200 megahertz to make
available for commercial licensed use.
(2) Spectrum auction.--Not later than December 31, 2022,
the Commission shall complete a system of competitive bidding
for the use of spectrum identified under paragraph (1).
(b) Rule Making on the Unlicensed Use of the Frequency Band Between
5925 Megahertz and 7125 Megahertz.--Not later than 180 days after the
date of enactment of this Act, the Commission, in consultation with the
NTIA, shall issue a notice of proposed rule making with respect to
creating opportunities for the unlicensed use of spectrum in the
frequencies between 5925 and 7125 megahertz without causing harmful
interference with any incumbents in that band.
SEC. 7. RURAL SET-ASIDE.
(a) In General.--Notwithstanding section 309(j)(8) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)), the Commission shall
allocate 10 percent of the proceeds from each system of competitive
bidding conducted under this Act for the deployment of wireless
infrastructure in areas that the Commission has determined are
underserved or unserved with respect to wireless broadband Internet
access service.
(b) Limitations.--No amounts allocated under subsection (a) may be
combined with amounts that are used to fund any other program that is
in existence on the date on which the allocation is made, including any
program established under section 254 of the Communications Act of 1934
(47 U.S.C. 254).
SEC. 8. SPECIAL RULES.
With respect to any frequency band described in this Act (in this
section referred to as the ``covered band''), if the relocation of an
incumbent from the covered band to another equivalent frequency band is
not possible, and if the Commission determines that no mitigation
technology, alternative sharing approach, or incentives-based approach
would reliably prevent harmful interference to incumbents in the
covered band, the Commission--
(1) shall provide notification of that determination to the
appropriate committees of Congress and the NTIA; and
(2) may not proceed with any action, including relocating
incumbents from the covered band or permitting new entrants
into the covered band, that may result in the dislodging or
harming of any incumbent in the covered band until the
Commission can ensure that any such action will neither cause
harmful interference with nor unreasonably constrain an
incumbent in the covered band.
SEC. 9. COMMISSION STUDY ON ENHANCING THE BENEFITS OF UNLICENSED
SPECTRUM FOR RURAL COMMUNITIES.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Commission shall conduct, and submit to the
appropriate committees of Congress the results of, a study regarding
how unlicensed spectrum can be further utilized to assist in--
(1) the provision of healthcare in rural areas;
(2) distance learning; and
(3) facilitating innovations in agriculture.
(b) Recommendations.--The results of the study submitted under
subsection (a) shall include recommendations regarding--
(1) overcoming barriers to the use of unlicensed spectrum
for the purposes described in that subsection; and
(2) how to further utilize unlicensed spectrum to meet the
needs of rural communities with respect to broadband Internet
access service.
SEC. 10. GAO STUDY ON SPECTRUM RELOCATION FUND ALLOCATIONS.
Not later than 180 days after the date of enactment of this Act,
the Comptroller General of the United States shall conduct, and submit
to the appropriate committees of Congress the results of, a study to
determine the efficiency with which amounts in the Spectrum Relocation
Fund are transferred to eligible Federal entities that willingly
relocate from eligible frequencies.
SEC. 11. RULES OF CONSTRUCTION.
(a) Frequency Ranges.--Any frequency range described in this Act
shall be construed as including the upper and lower frequency in the
frequency range.
(b) Assessment of Electromagnetic Spectrum Reallocation.--Nothing
in this Act may be construed as affecting any requirement under section
156 of the National Telecommunications and Information Administration
Organization Act (47 U.S.C. 921 note).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Communications and Technology.
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