II 109th CONGRESS 1st Session S. 1236 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.

1.

Short title

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

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.

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..