Open access spectrum auction

Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended by adding at the end the following new paragraph:

(17)

Open access spectrum auction

(A)

Auctions required

The Commission shall promote nationwide broadband competition through the use of wireless services by issuing nationwide licenses, for a term of not less than 15 years, for 2 bands of frequencies that consist of an initial band and a second band of frequencies— (i)each of which shall be composed of 20 megahertz of unpaired contiguous spectrum; (ii)the initial band of which shall be spectrum located between 2155 and 2180 megahertz, inclusive; and (iii)the second band of which shall be spectrum that— (I)is located under 3 gigahertz; and (II)is not part of the recovered analog spectrum, as such term is defined in paragraph (15)(C)(vi). (B)

Deadlines for initial auction

The Commission shall carry out the initial auctions required by this paragraph by— (i)commencing an auction of a single nationwide license for the initial band described in subparagraph (A)(ii) not later than 180 days after the date of enactment of the Open Wireless Internet Act of 2008; and (ii)depositing the proceeds of such auction in accordance with paragraph (8)(A) not later than 210 days after such date of enactment. (C)

Second auction

The Commission shall commence and complete a separate rule-making or other procedures for licensing through auction additional unpaired contiguous spectrum of 20 megahertz below 3 gigahertz within 1 year of such date of enactment. Such auction shall be conducted without the conditions specified in subparagraph (F) unless the Commission finds it is in the public interest to do so pursuant to a rulemaking. (D)

Interference protection

(i)

In general

The Commission shall ensure that licensees of spectrum obtained pursuant to an auction under this paragraph do not cause harmful interference to, and are protected from harmful interference from, licensees of adjacent spectrum, including by establishing technical and operational rules that are consistent with technical specifications established by telecommunications standards bodies for use of the 2110 through 2170 megahertz band. (ii)

Preventing harmful interference

(I)

Study

The Commission shall conduct a study on the potential for harmful interference between spectrum bands from operations in the spectrum band described under subparagraph (A)(ii), including receiver overload, excessive out-of-band emissions, mobile-to-mobile interference for voice and data services, and the mitigating effect, if any, of handset filters installed in mobile stations used in adjacent spectrum bands. (II)

Contents of study

The study required under subclause (I) shall reflect real deployment conditions and actual equipment that has either been deployed, or is expected to be deployed, in the adjacent spectrum bands and the band described under subparagraph (A)(ii) at the time of the study. (iii)

Timing and input

Not later than 60 days after the date of enactment of the Open Wireless Internet Act, the Commission shall commence the study required under clause (ii). The Commission shall solicit the input and expertise of the National Telecommunications and Information Administration and other parties and organizations, as recommended by the Institute of Electrical and Electronics Engineers, for help in conducting the study. (iv)

Adoption of technical rules

Based on the results of the study required under clause (ii), the Commission shall adopt technical rules to ensure that licensees of spectrum obtained under this paragraph are fully protected from, and fully protect, licensees of adjacent spectrum from harmful interference, including receiver overload and excessive out-of-band emissions. (E)

Service and auction rules

At least 30 days prior to the deadlines established in subparagraphs (B)(i) and (C), the Commission shall promulgate service and auction rules for the licenses issued under subparagraphs (B) and (C) that— (i)make available spectrally efficient nationwide broadband services; and (ii)promote the goals listed in subparagraphs (B), (D), and (F) of paragraph (4). (F)

Content of service requirements rules for auctioned spectrum

The Commission shall promulgate such rules and regulations as are necessary to require, as conditions of the licenses for the use of the frequencies auctioned under this paragraph, that the licensees shall— (i)offer, at a minimum, always-on wireless Internet services within 2 years from the date of receipt of the license, and complete the construction of such wireless network with a signal covering at least 95 percent of the population of the United States and its territories within 10 years from the initial operation of the network; (ii)offer a data service that is faster than 200 kilobits per second one way (subject to subparagraph (G)) for free to consumers and authorized public safety users without subscription, airtime, usage, or other charges; (iii)offer all services on such spectrum consistent with the following principles: (I)Users are entitled to access any lawful content of their choice. (II)Users are entitled to run any application and use any Internet service of their choice subject to limitations necessary for legitimate law enforcement purposes. (III)Users may connect their choice of legal device to the network so long as that device does not harm the network or substantially interfere with access of other individuals to the network; (iv)consistent with section 230 of this Act, offer such free data service with an option available to the user at the time of initial connection or configuration of a connected device, to have that service filtered by means of a technology protection measure or measures that prevent underage users from accessing obscene or indecent material through such service; (v)provide such free data services on a wireless network that permits open access to affiliated and unaffiliated consumer devices by providing, publicly and royalty-free, published technical standards for developing and deploying subscriber equipment that can operate on the network subject to this paragraph; and (vi)provide such free data services using advanced and spectrally efficient wireless technologies that provide services to the largest feasible number of users and encourages broadband competition making broadband services more available and affordable. (G)

Review of free data service requirement

The Commission shall evaluate whether the speed of free services under subparagraph (F) should be increased in light of consumer demand, developments in wireless broadband technologies, and the public interest and shall conduct the first such evaluation 3 years after the licensee commences operations, and shall conduct subsequent evaluations every 3 years thereafter. (H)

Congressional approval

Modification of any of the requirements described under subparagraph (F) shall receive the approval of Congress before any such modification is allowed to take effect. (I)

Biennial broadband spectrum utilization report

(i)Beginning in March of 2009, the Commission and the National Telecommunications and Information Administration shall jointly review competitive market conditions with respect to availability and affordability of broadband as well as the state of utilization of spectrum under the Commission’s and the Administration’s respective jurisdictions. Thereafter, the Commission and the Administration shall provide Congress a joint biannual report of their findings. (ii)Such reports shall consider the state-of-the-art efficient use of all spectrum bands and shall include the basis on which such utilization and efficiency are determined. (iii)In making their recommendations, the Commission and the Administration shall expressly consider the technological advances in commercial use of the spectrum as well as other relevant uses including public safety, national defense and other uses as determined by the public interest. (iv)The joint report shall also provide specific recommendations for the reallocation or reassignment of spectrum found to be underutilized in light of the public interest, necessity and convenience found in promoting broadband availability and affordability. In the joint report, the Commission and the Administration shall also recommend to Congress any statutory changes that would be required to implement any such reassignment or reallocation within 24 months of the report.