[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2278 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  1st Session
                                S. 2278

   To promote the availability of additional unlicensed spectrum for 
           innovation and investment, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 10, 2015

  Mr. Schatz introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To promote the availability of additional unlicensed spectrum for 
           innovation and investment, and for other purposes.

    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 ``Promoting Unlicensed Spectrum Act of 
2015''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``appropriate committees of Congress'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives;
            (2) the term ``Assistant Secretary'' means the Assistant 
        Secretary of Commerce for Communications and Information;
            (3) the term ``Commission'' means the Federal 
        Communications Commission;
            (4) the term ``Federal entity'' has the meaning given the 
        term in section 113(l) of the National Telecommunications and 
        Information Administration Organization Act (47 U.S.C. 923(l));
            (5) the term ``Spectrum Relocation Fund'' means the Fund 
        established under section 118 of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 928); and
            (6) the term ``unlicensed operations'' means the use of 
        spectrum on a nonexclusive basis and without the expectation of 
        protection from interference under--
                    (A) part 15 of title 47, Code of Federal 
                Regulations; or
                    (B) licensing by rule under part 96 of title 47, 
                Code of Federal Regulations.

SEC. 3. FEDERAL COMMUNICATIONS COMMISSION ALLOCATION AND ALLOTMENT OF 
              SPECTRUM.

    (a) In General.--The Commission shall ensure that spectrum 
allocation and assignment produce a balance between radio frequency 
bands available for--
            (1) exclusive licensing through an auction; and
            (2) unlicensed operations.
    (b) Rulemaking.--Not later than 18 months after the date of 
enactment of this Act, the Commission shall--
            (1) promulgate rules to implement subsection (a), including 
        establishing a process that will achieve the mandate under 
        subsection (a) in the future allocation and assignment of radio 
        frequency bands; and
            (2) consider whether to adopt rules that permit unlicensed 
        operations in spectrum assigned by auction until the licensee 
        brings the spectrum into use by initiating commercial service.
    (c) Inclusion in Service Rules.--The Commission shall include in 
the service rules of an auction for spectrum any rules promulgated 
under subsection (b).
    (d) Inclusion in Reports.--The Commission shall ensure that each 
report submitted to Congress under section 1006 of the Bipartisan 
Budget Act of 2015 (Public Law 114-74; 129 Stat. 584) reflects the 
rulemaking required under this section.

SEC. 4. NATIONAL STRATEGY FOR UNLICENSED SPECTRUM.

    (a) Statement of Policy.--It is the policy of the United States 
to--
            (1) maximize the utility of the spectrum resources of the 
        United States;
            (2) advance innovation and investment in wireless broadband 
        services; and
            (3) promote a balanced spectrum policy that makes adequate 
        spectrum resources available for both licensed and unlicensed 
        technologies.
    (b) National Strategy.--Not later than 1 year after the date of 
enactment of this Act, the Commission, in consultation with the 
Assistant Secretary, shall develop a national strategy for making 
additional radio frequency bands available for unlicensed operations.
    (c) Considerations.--The strategy developed under subsection (b) 
shall include--
            (1) identification of proposed radio frequency bands to be 
        cleared of incumbent users to permit use by devices conducting 
        unlicensed operations;
            (2) consideration of a balanced approach that ensures that 
        consumers have access to additional low-, mid-, and high-band 
        radio frequency spectrum to conduct unlicensed operations;
            (3) consideration of rules to permit spectrum sharing to 
        make available additional radio frequency ranges for unlicensed 
        operations, including--
                    (A) expanding utilization of the spectrum sharing 
                model implemented by the Commission for the spectrum 
                between 3550 and 3650 megahertz;
                    (B) allowing underlay unlicensed operations in 
                spectrum allocated for other services in a manner that 
                does not cause harmful interference to licensees; and
                    (C) any other spectrum sharing approach that the 
                Commission finds will--
                            (i) expand opportunities for unlicensed 
                        operations in a spectrum band; or
                            (ii) otherwise improve spectrum 
                        utilization;
            (4) examination of additional ways to improve the accuracy 
        and efficacy of existing and planned databases or spectrum 
        access systems designed to promote spectrum sharing and access 
        to spectrum for unlicensed operations; and
            (5) consideration of the extent to which additional bands 
        used for unlicensed operations may be harmonized to achieve 
        greater economies of scale.
    (d) Report Required.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Commission shall submit to the 
        appropriate committees of Congress a report that describes the 
        strategy developed under subsection (b), including any 
        recommendations for legislative change.
            (2) Publication on commission website.--Not later than the 
        date on which the Commission submits the report under paragraph 
        (1), the Commission shall make the report publicly available on 
        the website of the Commission.

SEC. 5. MAKING FEDERAL SPECTRUM AVAILABLE FOR UNLICENSED OPERATION.

    (a) In General.--Not later than 270 days after the date of 
enactment of this Act, the Assistant Secretary, in conjunction with the 
Commission and the Director of the Office of Management and Budget, 
shall submit to the appropriate committees of Congress a report on the 
steps necessary to designate additional radio frequency bands used by 
Federal entities for unlicensed operations in a manner that does not 
cause harmful interference to Federal Government operations.
    (b) Considerations.--The report required under subsection (a) shall 
consider--
            (1) recommendations on how to reform the Spectrum 
        Relocation Fund to address costs incurred by Federal entities 
        related to sharing radio frequency bands with radio 
        technologies conducting unlicensed operations;
            (2) recommendations for ensuring the solvency of the 
        Spectrum Relocation Fund if the Spectrum Relocation Fund is 
        used to cover the costs described in paragraph (1);
            (3) whether it may be possible for unlicensed operations to 
        be permitted on an underlay basis in spectrum bands used by 
        Federal entities without causing harmful interference to 
        Federal Government operations, including impacting homeland 
        security or national security communications needs; and
            (4) whether other spectrum sharing techniques may be used 
        to facilitate access by radio technologies conducting 
        unlicensed operations to Federal spectrum, such as with the 
        access system used by the Commission for the spectrum between 
        3550 and 3650 megahertz.
                                 <all>