[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).
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