II 112th CONGRESS 1st Session S. 415 IN THE SENATE OF THE UNITED STATES February 17, 2011 Mr. Warner introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide the FCC with authority to conduct incentive auctions, and for other purposes.

1.

Short title

This Act may be cited as the Spectrum Optimization Act.

2.

Provision of incentive auction authority

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

Voluntary incentive auction authority

(i)

Establishment of rules

Not later than 180 days after the date of enactment of the Spectrum Optimization Act, the Commission shall establish rules for the conduct of auctions of licensed spectrum that is voluntarily relinquished by a licensee for assignment of new initial licenses subject to new service rules or for other purposes, in which a portion of the auction proceeds are shared with such relinquishing licensees, consistent with the public interest in maximizing utilization of the spectrum. (ii)

Content of rules

The rules established under clause (i) shall— (I)identify the initial spectrum band or bands that will be eligible for incentive auctions under this subparagraph; (II)establish a maximum revenue sharing threshold applicable to all licensees within any auction, unless the establishment of such threshold would increase the amount of spectrum cleared or would increase the net revenue from the auction of such spectrum; and (III)minimize the cost to the taxpayer of the transition of the spectrum to be auctioned to its newly identified use. (iii)

Schedule for auctions

(I)

Initial auction

The Commission shall commence incentive auctions under this subparagraph not later than 2 years after the date of enactment of the Spectrum Optimization Act. (II)

Other spectrum

The Commission may, in its discretion and at any time after the date of enactment of the Spectrum Optimization Act, use the authority provided in this subparagraph in connection with the auction of other licensed spectrum, provided that the auction of such other spectrum is conducted pursuant to the rules established under this subparagraph. .