II 110th CONGRESS 1st Session S. 234 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.

1.

Short title

This Act may be cited as the Wireless Innovation Act of 2007.

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.