I 112th CONGRESS 1st Session H. R. 2520 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.

1.

Short title

This Act may be cited as the Spectrum for Innovation Act of 2011.

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.