II 110th CONGRESS 1st Session S. 337 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.

1.

Short title

This Act may be cited as the White Spaces Act of 2007.

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.