[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2520 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2520

    To require the Federal Communications Commission to modify its 
 regulations to allow certain unlicensed use in the 5350-5470 MHz band 
                      and the 5850-5925 MHz band.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2011

  Ms. Matsui introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
    To require the Federal Communications Commission to modify its 
 regulations to allow certain unlicensed use in the 5350-5470 MHz band 
                      and the 5850-5925 MHz band.

    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 ``Spectrum for Innovation Act of 
2011''.

SEC. 2. UNLICENSED USE IN THE 5 GHZ BAND.

    (a) Modification of FCC Regulations To Allow Certain Unlicensed 
Use.--
            (1) In general.--Subject to paragraph (2), not later than 1 
        year after the date of the enactment of this Act, the Federal 
        Communications Commission shall modify part 15 of title 47, 
        Code of Federal Regulations, to allow unlicensed U-NII devices 
        to operate in the 5350-5470 MHz band and the 5850-5925 MHz 
        band.
            (2) Required determinations.--The Federal Communications 
        Commission may make the modification described in paragraph (1) 
        only if the Commission determines that--
                    (A) licensed users will be protected by technical 
                solutions, including use of existing, modified, or new 
                spectrum-sharing technologies and solutions, such as 
                dynamic frequency selection; and
                    (B) the primary mission of Federal spectrum users 
                in the 5350-5470 MHz band and the 5850-5925 MHz band 
                will not be compromised by the introduction of 
                unlicensed devices.
    (b) Study by NTIA.--
            (1) In general.--The Assistant Secretary of Commerce for 
        Communications and Information, in consultation with the 
        Federal Communications Commission, shall conduct a study 
        evaluating known and proposed spectrum-sharing technologies and 
        the risk to Federal users if unlicensed U-NII devices were 
        allowed to operate in the 5350-5470 MHz band and the 5850-5925 
        MHz band.
            (2) Submission.--Not later than 8 months after the date of 
        the enactment of this Act, the Assistant Secretary of Commerce 
        for Communications and Information shall submit the study 
        required by paragraph (1) to--
                    (A) the Federal Communications Commission; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives and the Committee on Commerce, 
                Science, and Transportation of the Senate.
    (c) Definitions.--In this section:
            (1) 5350-5470 MHz band.--The term ``5350-5470 MHz band'' 
        means the portion of the electromagnetic spectrum between the 
        frequencies from 5350 megahertz to 5470 megahertz, inclusive.
            (2) 5850-5925 MHz band.--The term ``5850-5925 MHz band'' 
        means the portion of the electromagnetic spectrum between the 
        frequencies from 5850 megahertz to 5925 megahertz, inclusive.
            (3) U-NII devices.--The term ``U-NII devices'' has the 
        meaning given such term in section 15.403(s) of title 47, Code 
        of Federal Regulations, except for the frequency bands 
        specified in such section.
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