I 112th CONGRESS 1st Session H. R. 1622 IN THE HOUSE OF REPRESENTATIVES April 15, 2011 Mr. Latta 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.

1.

Short title

This Act may be cited as the Spectrum Innovation Act.

2.

Voluntary incentive auction revenue sharing

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

(i)

In general

Notwithstanding subparagraph (A) and except as provided in subparagraphs (B) and (C), 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 subject to new service rules, the proceeds from the use of a competitive bidding system under this subsection in granting such rights to another licensee shall be shared, in an amount or percentage that the Commission considers appropriate, with the licensee who voluntarily relinquished such rights. (ii)

Amounts not shared deposited in Treasury

In any case in which a licensee voluntarily relinquishes licensed spectrum usage rights under clause (i), the Commission shall deposit in the Treasury any portion of the proceeds described in such clause that the Commission does not share with the licensee (except proceeds retained under subparagraph (B) and deposits described in subparagraph (C)). .

3.

Rules for voluntary incentive auction revenue sharing

Not later than 1 year after the date of the enactment of this Act, the Federal Communications Commission shall establish rules for the implementation of voluntary incentive auction revenue sharing under subparagraph (F) of section 309(j)(8) of the Communications Act of 1934, as added by section 2(2).

4.

No involuntary reclamation of frequencies

The Federal Communications Commission may not reclaim frequencies of broadcast television licensees directly or indirectly on an involuntary basis under subparagraph (F) of section 309(j)(8) of the Communications Act of 1934, as added by section 2(2).