Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum Act or the AIRWAVES Act
This bill requires the Federal Communications Commission to establish a bidding marketplace for the use of commercially licensed spectrum in lower-frequency bands and to make additional unlicensed spectrum available in higher-frequency bands.
From the proceeds of transactions conducted under the bill, 10% shall be allocated for the placement of wireless infrastructure in rural areas with limited or no wireless internet service.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2223 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2223
To facilitate a national pipeline of spectrum for commercial use, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 23, 2019
Mr. Gardner (for himself, Ms. Hassan, Mr. Rubio, Ms. Cortez Masto, Mrs.
Capito, Ms. Baldwin, and Mr. Daines) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
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 ``Commission'' means the Federal
Communications Commission;
(2) 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));
(3) the term ``relocation or sharing costs'' has the
meaning given the term in section 113(g)(3) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(g)(3));
(4) 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
(5) 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. EXPANDING ACCESS TO SPECTRUM.
(a) In General.--Not later than December 31, 2022, the Commission
shall--
(1) complete a system of competitive bidding for the use of
at least 500 megahertz of commercially licensed spectrum in
frequency bands below 6 gigahertz; and
(2) make available at least 500 megahertz of additional
unlicensed spectrum in frequency bands above 5 gigahertz.
(b) Incumbent Protections.--With respect to any frequency band with
respect to which the Commission conducts a system of competitive
bidding under subsection (a)(1) (referred to in this subsection as the
``covered band''), the Commission--
(1) may not proceed with any action (including relocating
incumbents or registrants that are, as of the date of enactment
of this Act, operational in the covered band from the covered
band, or permitting new entrants into the covered band) if that
action may result in the dislodging or harming of any such
incumbent or registrant in the covered band until the
Commission determines, including by requiring testing and
technical studies, if appropriate, that any such action will
neither cause harmful interference with nor unreasonably
constrain any such incumbent or registrant in the covered band;
and
(2) if the Commission determines that the relocation of an
incumbent or registrant from the covered band to another
equivalent frequency band as a result of carrying out
subsection (a)(1) 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 or registrants in the
covered band, shall provide a notification to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives regarding those determinations.
(c) Rule of Construction.--Nothing in this section may be construed
as preventing the Commission from--
(1) completing a system of competitive bidding for the use
of more than 500 megahertz of commercially licensed spectrum
under subsection (a)(1); or
(2) making available more than 500 megahertz of additional
unlicensed spectrum under subsection (a)(2).
SEC. 5. 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 attributable to 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, except that, before making such an allocation, the
Commission shall cover the relocation or sharing costs of any Federal
entity that is relocated from the frequency to which that system of
competitive bidding relates.
(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).
(c) Rule of Construction.--Nothing in this section may be construed
to affect the amounts with which the Spectrum Relocation Fund is
credited under section 118(b) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 928(b)).
SEC. 6. 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 Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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