I 111th CONGRESS 2d Session H. R. 5947 IN THE HOUSE OF REPRESENTATIVES July 29, 2010 Mr. Boucher (for himself and Mr. Stearns) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to provide for voluntary incentive auction revenue sharing, and for other purposes.

1.

Short title

This Act may be cited as the Voluntary Incentive Auctions Act of 2010.

2.

Incentive-based auctions

Section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)) is amended— (1)in subparagraph (A), by striking (D), and (E), and inserting (D), (E), and (F),; and (2)by adding at the end the following: (F)

Voluntary incentive auction revenue sharing plan

If the Commission determines that it is consistent with the public interest in utilization of the spectrum for a licensee to relinquish voluntarily some or all of its licensed spectrum usage rights in order to permit the assignment of new initial licenses or the allocation of spectrum for unlicensed use subject to new service rules, the proceeds from the use of a competitive bidding system under this subsection may be shared, in an amount or percentage determined in the discretion of the Commission, with any licensee who agrees to participate in relinquishing voluntarily such spectrum usage rights. .

3.

Federal Communications Commission action

Not later than 1 year after the date of enactment of this Act, the Federal Communications Commission shall establish rules for the implementation of the voluntary incentive auction revenue sharing plan in section 309(j)(8)(F) of the Communications Act of 1934.

4.

Prohibition on Federal Communications Commission action

(a)

In general

The Federal Communications Commission shall not reclaim frequencies of broadcast television licensees or any other licensees directly or indirectly on an involuntary basis for the purpose of section 309(j)(8)(F) of the Communications Act of 1934. (b)

Savings provision

Nothing in this Act or in the amendments made by this Act shall permit, or be construed as permitting, the Federal Communications Commission to reclaim frequencies of broadcast television licensees or any other licensees directly or indirectly on an involuntary basis for the purpose of section 309(j)(8)(F) of the Communications Act of 1934.