[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1320 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1320

     To protect important existing television band devices in the 
unassigned, non-licensed television channels from harmful interference 
                           from new devices.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2007

   Mr. Rush introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
     To protect important existing television band devices in the 
unassigned, non-licensed television channels from harmful interference 
                           from new devices.

    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 ``Interference Protection for Existing 
Television Band Devices Act of 2007''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) The television spectrum is home not only to 
        broadcasting, but also to other existing devices, including 
        wireless microphones. These other existing devices provide 
        important services to the entertainment, religious, news, 
        sports, business, governmental, public safety, and other 
        industries and enable their content delivery to consumers.
            (2) There is spectrum available on unassigned, non-licensed 
        television channels which potentially can support new devices.
            (3) Introducing these new devices without adequate 
        safeguards would cause harmful interference to other existing 
        television band devices already operating on the unassigned, 
        non-licensed television channels.
            (4) Existing television band devices require protection 
        from harmful interference to preserve their important 
        operations.

SEC. 3. CERTIFIED UNLICENSED DEVICE USE OF UNASSIGNED TELEVISION 
              CHANNELS.

    (a) Fixed Device Use Permitted.--Subject to the limitations and 
conditions set forth in this section, the Commission shall permit fixed 
location, certified unlicensed devices to use, on non-exclusive terms, 
unassigned, non-licensed television broadcast channels between 54 
megahertz and 698 megahertz in rural areas no sooner than February 17, 
2009.
    (b) Protection From Harmful Interference Required.--The Commission 
shall protect incumbent certified low-power auxiliary devices from 
harmful interference by--
            (1) requiring certification of unlicensed devices prior to 
        permitting such devices to access or use unassigned, non-
        licensed television broadcast channels between 54 megahertz and 
        698 megahertz in rural areas, and requiring, as part of the 
        certification, proof of successful completion of laboratory and 
        field testing by an independent laboratory demonstrating that 
        unlicensed devices do not cause harmful interference to 
        incumbent certified low-power auxiliary devices;
            (2) prohibiting certified unlicensed devices from operating 
        on any television broadcast channel between 54 megahertz and 
        698 megahertz that is already in use by an incumbent certified 
        low-power auxiliary device; and
            (3) considering additional ways to protect incumbent 
        certified low-power auxiliary devices from harmful 
        interference, such as reserving certain television broadcast 
        channels for exclusive use by incumbent certified low-power 
        auxiliary devices.
    (c) Non-Fixed Devices.--The Commission may consider permitting the 
operation of non-fixed (personal/portable) location, certified 
unlicensed devices to use the non-licensed television broadcast 
channels between 54 megahertz and 698 megahertz no sooner than 36 
months after the Commission's first approval of the operation of a 
fixed location, certified unlicensed devices in the non-licensed 
television broadcast channels under this section.
    (d) Definitions.--For the purposes of this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (2) Certified unlicensed device.--The term ``certified 
        unlicensed device'' means any unlicensed device certified under 
        the Communications Act of 1934 and satisfying the testing 
        requirements of section 3(b)(1) of this Act, whose primary 
        purpose is to provide broadband service to rural areas.
            (3) Incumbent certified low-power auxiliary device.--The 
        term ``incumbent certified low-power auxiliary device'' means 
        any certified low-power wireless microphone, personal wireless 
        monitor, or other audio auxiliary equipment operating on 
        television broadcast channels between 54 megahertz and 698 
        megahertz, used for entertainment, religious, news gathering, 
        governmental, business, or personal consumer purposes to 
        provide real-time, high-quality audio transmissions over 
        distances of approximately 100 meters.
            (4) Rural area.--The term ``rural area'' means any rural 
        service area or rural statistical area, as defined by the 
        Commission.
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