[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1682 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1682

 To facilitate a national pipeline of spectrum for commercial use, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2017

Mr. Gardner (for himself and Ms. Hassan) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To facilitate a national pipeline of spectrum for commercial use, 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 ``Advancing Innovation and 
Reinvigorating Widespread Access to Viable Electromagnetic Spectrum 
Act'' or the ``AIRWAVES Act''.

SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that the United States should strive 
to--
            (1) advance innovation with respect to, and investment in, 
        wireless broadband Internet access;
            (2) promote the benefits of connecting all individuals in 
        the United States to quality wireless broadband Internet 
        access, including those individuals in rural communities; and
            (3) support comprehensive, technology-neutral spectrum 
        policy that includes licensed, unlicensed, and shared use of 
        spectrum bands.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) the term ``appropriate committees of Congress'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (C) any other congressional committee with 
                jurisdiction over a matter;
            (2) the term ``Commission'' means the Federal 
        Communications Commission;
            (3) the term ``eligible Federal entity'' means an entity 
        described in section 113(g)(1) of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 923(g)(1));
            (4) the term ``eligible frequency'' means a frequency with 
        respect to which the costs incurred by an eligible Federal 
        entity in relocating from the frequency may be reimbursed from 
        the Spectrum Relocation Fund;
            (5) 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));
            (6) the term ``NTIA'' means the National Telecommunications 
        and Information Administration;
            (7) the term ``Spectrum Frontiers proceeding'' means the 
        Report and Order and Further Notice of Proposed Rulemaking in 
        the matter of Use of Spectrum Bands Above 24 GHz for Mobile 
        Radio Services, adopted by the Commission on July 14, 2016 (FCC 
        16-89);
            (8) 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
            (9) the term ``system of competitive bidding'' means a 
        system of competitive bidding conducted under section 309(j) of 
        the Communications Act of 1934 (47 U.S.C. 309(j)).

SEC. 4. SPECTRUM FRONTIERS PROCEEDING.

    Not later than 1 year after the date of enactment of this Act, the 
Commission shall complete the rule making to which the Spectrum 
Frontiers proceeding relates.

SEC. 5. EXPANDING ACCESS TO COMMERCIAL SPECTRUM.

    (a) FCC Responsibilities.--The Commission, in consultation with the 
NTIA, shall--
            (1) not later than December 31, 2018, complete a system of 
        competitive bidding to grant new licenses for the use of 
        spectrum in frequencies between 3550 megahertz and 3650 
        megahertz;
            (2) not later than December 31, 2019, complete a system of 
        competitive bidding for the use of spectrum in frequencies 
        between--
                    (A) 27500 megahertz and 28350 megahertz, consistent 
                with the spectrum sharing framework adopted for that 
                frequency band as part of the Spectrum Frontiers 
                proceeding;
                    (B) 37000 megahertz and 38600 megahertz; and
                    (C) 38600 megahertz and 40000 megahertz; and
            (3) not later than December 31, 2020, complete a system of 
        competitive bidding for the use of spectrum in frequencies 
        between--
                    (A) 24250 megahertz and 24450 megahertz;
                    (B) 25050 megahertz and 25250 megahertz;
                    (C) 31800 megahertz and 33400 megahertz;
                    (D) 42000 megahertz and 42500 megahertz;
                    (E) 47200 megahertz and 48200 megahertz; and
                    (F) 50400 megahertz and 52600 megahertz.
    (b) Identifying Frequencies Between 7125 Megahertz and 8400 
Megahertz To Be Utilized for Unlicensed Purposes.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Commission, in consultation with the 
        NTIA, shall identify any frequency between 7125 megahertz and 
        8400 megahertz with respect to which there is the potential for 
        unlicensed use without causing harmful interference with 
        incumbents.
            (2) Rule making.--If the Commission, in consultation with 
        the NTIA, makes an identification described in paragraph (1), 
        the Commission shall consider initiating a rule making with 
        respect to the unlicensed use described in that paragraph.
    (c) Report on Reallocation of Certain Incumbent Federal Stations.--
            (1) In general.--Not later than December 31, 2020, the 
        NTIA, in consultation with the Director of the Office of 
        Management and Budget, shall submit to the appropriate 
        committees of Congress a report relating to the relocation of 
        incumbent Federal stations authorized to use spectrum in the 
        frequencies between 1300 megahertz and 1350 megahertz and 
        between 1780 megahertz and 1830 megahertz in order to 
        facilitate the reallocation of such spectrum from Federal to 
        non-Federal use.
            (2) Timing.--The relocation described in paragraph (1) with 
        respect to the frequencies between 1780 megahertz and 1830 
        megahertz shall take place not earlier than 2023.
    (d) Amendments to the Spectrum Pipeline Act of 2015.--Section 1004 
of the Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note) is amended--
            (1) in subsection (a), by striking ``30 megahertz'' and 
        inserting ``100 megahertz''; and
            (2) in subsection (c)(1)(B), by striking ``July 1, 2024'' 
        and inserting ``July 1, 2023''.

SEC. 6. MODERNIZING MID-BAND SPECTRUM.

    (a) In General.--
            (1) Spectrum identification.--Not later than December 31, 
        2019, the Commission, in consultation with the NTIA, shall 
        identify 500 megahertz of additional spectrum in the 
        frequencies between 3700 megahertz and 4200 megahertz to make 
        available for commercial licensed use.
            (2) Spectrum auction.--Not later than December 31, 2022, 
        the Commission shall complete a system of competitive bidding 
        for the use of spectrum identified under paragraph (1).
    (b) Rule Making on the Unlicensed Use of the Frequency Band Between 
5925 Megahertz and 7125 Megahertz.--Not later than 180 days after the 
date of enactment of this Act, the Commission, in consultation with the 
NTIA, shall issue a notice of proposed rule making with respect to 
creating opportunities for the unlicensed use of spectrum in the 
frequencies between 5925 and 7125 megahertz without causing harmful 
interference with any incumbents in that band.

SEC. 7. RURAL SET-ASIDE.

    (a) In General.--Notwithstanding section 309(j)(8) of the 
Communications Act of 1934 (47 U.S.C. 309(j)(8)), the Commission shall 
allocate 10 percent of the proceeds from each system of competitive 
bidding conducted under this Act for the deployment of wireless 
infrastructure in areas that the Commission has determined are 
underserved or unserved with respect to wireless broadband Internet 
access service.
    (b) Limitations.--No amounts allocated under subsection (a) may be 
combined with amounts that are used to fund any other program that is 
in existence on the date on which the allocation is made, including any 
program established under section 254 of the Communications Act of 1934 
(47 U.S.C. 254).

SEC. 8. SPECIAL RULES.

    With respect to any frequency band described in this Act, if the 
relocation of an incumbent from that frequency band to another 
equivalent frequency band (referred to in this section as the 
``destination band'') is not possible, and if the Commission determines 
that no mitigation technology, alternative sharing approach, or 
incentives-based approach would reliably prevent harmful interference 
to licensees, the Commission--
            (1) shall provide notification of that determination to the 
        appropriate committees of Congress and the NTIA; and
            (2) may not proceed with any action, including relocating 
        incumbents from the destination band or permitting new entrants 
        into the destination band, that may result in the dislodging or 
        harming of any incumbent in the destination band until the 
        Commission can ensure that any such action will neither cause 
        harmful interference with nor unreasonably constrain an 
        incumbent in the destination band.

SEC. 9. COMMISSION STUDY ON ENHANCING THE BENEFITS OF UNLICENSED 
              SPECTRUM FOR RURAL COMMUNITIES.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Commission shall conduct, and submit to the 
appropriate committees of Congress the results of, a study regarding 
how unlicensed spectrum can be further utilized to assist in--
            (1) the provision of healthcare in rural areas;
            (2) distance learning; and
            (3) facilitating innovations in agriculture.
    (b) Recommendations.--The results of the study submitted under 
subsection (a) shall include recommendations regarding--
            (1) overcoming barriers to the use of unlicensed spectrum 
        for the purposes described in that subsection; and
            (2) how to further utilize unlicensed spectrum to meet the 
        needs of rural communities with respect to broadband Internet 
        access service.

SEC. 10. GAO STUDY ON SPECTRUM RELOCATION FUND ALLOCATIONS.

    Not later than 180 days after the date of enactment of this Act, 
the Comptroller General of the United States shall conduct, and submit 
to the appropriate committees of Congress the results of, a study to 
determine the efficiency with which amounts in the Spectrum Relocation 
Fund are transferred to eligible Federal entities that willingly 
relocate from eligible frequencies.

SEC. 11. RULES OF CONSTRUCTION.

    (a)  Frequency Ranges.--Any frequency range described in this Act 
shall be construed as including the upper and lower frequency in the 
frequency range.
    (b) Assessment of Electromagnetic Spectrum Reallocation.--Nothing 
in this Act may be construed as affecting any requirement under section 
156 of the National Telecommunications and Information Administration 
Organization Act (47 U.S.C. 921 note).
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