[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 337 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 337

 To require the FCC to issue a final order regarding white spaces, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 18, 2007

  Mr. Sununu 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 white spaces, 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 ``White Spaces Act of 2007''.

SEC. 2. ELIGIBLE TELEVISION SPECTRUM MADE AVAILABLE FOR WIRELESS USE.

    (a) In General.--Not later than the earlier of 90 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.
    (b) Commission to Facilitate Use.--In completing the requirement 
described in subsection (a), the Commission shall--
            (1) permit use of eligible frequencies--
                    (A) at the earliest technically feasible date, but 
                not later than February 18, 2009; and
                    (B) in compliance with the--
                            (i) conditions described in paragraphs (2) 
                        through (5); and
                            (ii) requirements of subsection (c);
            (2) establish technical requirements for devices operating 
        in such eligible frequencies to protect incumbent primary 
        licensees of such frequencies from harmful interference from 
        such devices;
            (3) require 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 90 days for the Commission to review 
        and dispense of each properly submitted and completed 
        application;
            (4) 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; and
            (5) permit the operation of both fixed and personal/
        portable devices at the earliest technically feasible date, but 
        not later than February 18, 2009.
    (c) Commission Authority.--
            (1) Authorized use of specified frequencies.--In each local 
        market, the Commission may authorize the use of eligible 
        frequencies on a licensed or unlicensed basis, or a combination 
        of both.
            (2) Licensed use of eligible frequencies.--To the extent 
        the Commission authorizes the use of eligible frequencies in a 
        local market on a licensed basis under paragraph (1), the 
        Commission--
                    (A) shall grant such licenses through a system of 
                competitive bidding that meets the requirements of 
                section 309(j) of the Communications Act of 1934 (47 
                U.S.C. 309(j));
                    (B) shall not also authorize the unlicensed use of 
                such frequencies in such market; and
                    (C) shall establish licensing areas that may be 
                local, regional, or national in scope.
    (d) Marketing Permitted.--The Commission shall not prohibit the 
marketing of any device in compliance with the requirements of 
subsection (b).
    (e) Definitions.--In this Act, the following definitions shall 
apply:
            (1) Eligible frequencies.--The term ``eligible 
        frequencies'' means frequencies between 54 MHz and 698 MHz.
            (2) Unlicensed device.--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.
                                 <all>