[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 234 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 234

 To require the FCC to issue a final order regarding television white 
                                spaces.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 9, 2007

   Mr. Kerry introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To require the FCC to issue a final order regarding television white 
                                spaces.

    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 ``Wireless Innovation Act of 2007''.

SEC. 2. WHITE SPACES.

    (a) Adoption of Final Order.--Not later than the earlier of 180 
days after the date of enactment of this Act or October 1, 2007, the 
Federal Communications Commission (in this Act referred to as the 
``Commission'') shall complete its proceeding and issue a final order 
in the Matter of Unlicensed Operation in the TV Broadcast Bands, ET 
Docket No. 04-186, which facilitates the efficient operation of 
unlicensed devices in television white spaces.
    (b) Conditions.--In completing the requirement described in 
subsection (a), the Commission in such final order--
            (1) shall permit unlicensed, non-exclusive use of eligible 
        frequencies between 54 MHz and 698 MHz--
                    (A) at the earliest technically feasible date, but 
                not later than February 18, 2009; and
                    (B) in compliance with the conditions described in 
                paragraphs (2) through (6);
            (2) shall establish technical requirements for unlicensed 
        devices operating in such eligible frequencies to protect 
        incumbent primary licensees of such frequencies from harmful 
        interference from such devices;
            (3) shall require unlicensed devices operating in such 
        eligible frequencies to comply with existing Commission 
        certification processes for new devices, including the initial 
        acceptance of applications for certification of unlicensed 
        devices not later than December 1, 2007, with a maximum of 180 
        days for the Commission to review and dispense of each properly 
        submitted and completed application;
            (4) shall conduct and complete field testing in a limited 
        number of markets (such markets to be chosen at the discretion 
        of the Commission)--
                    (A) prior to the initiation of the certification 
                process; and
                    (B) for the purpose of evaluating the potential for 
                actual harmful interference to incumbent primary 
                licensees of such frequencies;
            (5) may provide a reasonable public comment period to 
        solicit views on the published results of the field tests 
        conducted under paragraph (4), but only if such comment period 
        can be concluded in a timeframe that will not delay completion 
        of the proceeding described subsection (a); and
            (6) shall permit the operation of both fixed and personal/
        portable unlicensed devices at the earliest technically 
        feasible date, but not later than February 18, 2009.
    (c) Definition of Unlicensed Device.--In this Act, the term 
``unlicensed device'' means both fixed/access and personal/portable 
devices, as such terms are defined in paragraph 19 of the Federal 
Communications Commission's Notice of Proposed Rulemaking in the Matter 
of Unlicensed Operation in the TV Broadcast Bands, ET Docket No. 04-
186, adopted May 13, 2004.
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