[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2956 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2956
To amend the Communications Act of 1934 to direct the Federal
Communications Commission to conduct a public auction of the C-band,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 21, 2019
Mr. Schatz (for himself, Mr. Markey, and Ms. Cantwell) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to direct the Federal
Communications Commission to conduct a public auction of the C-band,
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 ``Investing in America's Digital
Infrastructure Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) C-band reimbursement fund.--The term ``C-Band
Reimbursement Fund'' means the fund established under section
5(a).
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Digital divide trust fund.--The term ``Digital Divide
Trust Fund'' means the trust fund established under section
4(a).
SEC. 3. PUBLIC AUCTION OF C-BAND SPECTRUM.
(a) In General.--Not earlier than June 1, 2021, and not later than
December 31, 2021, the Commission shall--
(1) identify not less than 200 megahertz of the
electromagnetic spectrum described in subsection (b) for
reallocation consistent with this section;
(2) clear the spectrum identified under paragraph (1)
consistent with subsection (f);
(3) reallocate the spectrum identified under paragraph (1)
for terrestrial broadband use, reserving 20 megahertz of the
spectrum as a guard band; and
(4) notwithstanding paragraph (15)(A) of section 309(j) of
the Communications Act of 1934 (47 U.S.C. 309(j)), begin a
system of competitive bidding under that section to grant new
initial licenses for the use of the spectrum identified under
paragraph (1) of this subsection, subject to--
(A) flexible-use service rules; and
(B) the requirement to protect incumbent uses of
the spectrum not otherwise cleared under paragraph (2)
of this subsection from harmful interference.
(b) Electromagnetic Spectrum Described.--The electromagnetic
spectrum described in this subsection is the spectrum between 3700
megahertz and 4200 megahertz, inclusive.
(c) Auction Proceeds.--Section 309(j)(8) of the Communications Act
of 1934 (47 U.S.C. 309(j)(8)) is amended--
(1) in subparagraph (A), by striking ``and (G)'' and
inserting ``(G), and (H)'';
(2) in subparagraph (C)(i), by striking ``and (G)'' and
inserting ``(G), and (H)''; and
(3) by adding at the end the following:
``(H) Certain proceeds designated for digital
divide trust fund.--Notwithstanding subparagraph (A)
and except as provided in subparagraph (B), the
proceeds (including deposits and upfront payments from
successful bidders) from the use of a system of
competitive bidding under this subsection pursuant to
section 3 of the Investing in America's Digital
Infrastructure Act shall be deposited in the Digital
Divide Trust Fund established under section 4 of the
Investing in America's Digital Infrastructure Act.''.
(d) Clearing of C-Band Spectrum for Auction.--
(1) Licenses.--
(A) Issuance.--The Commission shall issue any new
licenses or license modifications required to clear
electromagnetic spectrum under subsection (a)(2) as
expeditiously as possible after the date of enactment
of this Act.
(B) Protests.--The right of a licensee to protest a
proposed order of modification of its license under
section 316 of the Communications Act of 1934 (47
U.S.C. 316) shall not apply in the case of a
modification made under subparagraph (A) of this
paragraph.
(2) Protection of c-band users.--The Commission shall clear
electromagnetic spectrum under subsection (a)(2) in a manner
that ensures that persons or entities that used the spectrum
before the clearing of the spectrum receive--
(A) service that is equivalent to or better than
the service received before the clearing of the
spectrum; and
(B) service at a level described in subparagraph
(A) continuously throughout the clearing of the
spectrum.
SEC. 4. DIGITAL DIVIDE TRUST FUND.
(a) Establishment.--
(1) In general.--There is established in the Treasury of
the United States a trust fund to be known as the ``Digital
Divide Trust Fund''.
(2) Availability.--Amounts deposited in the Digital Divide
Trust Fund shall remain available until expended.
(b) Investment.--Amounts in the Digital Divide Trust Fund shall be
invested in accordance with section 9702 of title 31, United States
Code, and any interest on, and proceeds from, any such investment shall
be credited to, and become part of, the Fund.
(c) Use of Funds.--
(1) Reimbursement of borrowed amounts.--As amounts are
deposited in the Digital Divide Trust Fund, the Commission
shall first use those amounts to reimburse the general fund of
the Treasury for any amounts borrowed under section 5(b).
(2) Other uses.--
(A) In general.--The Commission shall use the
amounts remaining in the Digital Divide Trust Fund
after compliance with paragraph (1)--
(i) for the deployment of--
(I) wireless broadband
infrastructure in areas that the
Commission has determined are
underserved or unserved with respect to
wireless broadband internet access
service;
(II) wired broadband infrastructure
in areas that the Commission has
determined are underserved or unserved
with respect to wired broadband
internet access service; and
(III) broadband infrastructure to
support other technologies, including
telehealth, telemedicine, e-government,
and educational opportunities at home;
and
(ii) in conjunction with the National 911
Program overseen by the National
Telecommunications and Information
Administration and the National Highway Traffic
Safety Administration, for the deployment of
Next Generation 9-1-1 services.
(B) Limitations.--
(i) Rulemaking required.--
(I) Timing.--Not earlier than
January 1, 2023, the Commission shall
conduct a rulemaking to determine how
to implement subparagraph (A).
(II) Obligation of amounts.--The
Commission may not obligate any amounts
from the Digital Divide Trust Fund
under subparagraph (A) until the
Commission has conducted the rulemaking
under subclause (I) of this clause.
(ii) Relation to universal service
programs.--The amounts provided under
subparagraph (A) are not intended to supplant
any program established under section 254 of
the Communications Act of 1934 (47 U.S.C. 254).
SEC. 5. C-BAND REIMBURSEMENT FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``C-Band Reimbursement Fund''.
(b) Borrowing Authority.--The Commission may borrow from the
Treasury of the United States an amount not to exceed $2,500,000,000 to
use for payments required under subsection (d).
(c) Deposit of Funds.--Any amounts borrowed under subsection (b)
shall be deposited in the C-Band Reimbursement Fund.
(d) Payment of Costs.--The Commission shall use amounts in the C-
Band Reimbursement Fund to reimburse costs reasonably incurred by--
(1) incumbent holders of licenses or market access rights
for use of the electromagnetic spectrum identified under
paragraph (1) of section 3(a), to reduce the usage of that
spectrum by those entities in accordance with that section;
(2) licensees or registrants of an earth station receiving
signals over the spectrum identified under section 3(a)(1); and
(3) the relocation of other incumbent uses of the spectrum
identified under section 3(a)(1).
(e) Transfer of Unused Funds.--If any amounts remain in the C-Band
Reimbursement Fund after the date that is 3 years after the completion
of the system of competitive bidding conducted under section 3, the
Secretary of the Treasury shall transfer those amounts to the Digital
Divide Trust Fund.
SEC. 6. SPECTRUM AUCTION PARTICIPATION.
(a) In General.--Section 309(j) of the Communications Act of 1934
(47 U.S.C. 309(j)) is amended--
(1) in paragraph (17)(A), in the matter preceding clause
(i), by striking ``Notwithstanding'' and inserting ``Subject to
paragraph (19) and notwithstanding''; and
(2) by adding at the end the following:
``(19) Prohibition on auction participation by entities
posing a national security risk.--
``(A) In general.--An entity posing a national
security risk may not participate in any system of
competitive bidding under this subsection.
``(B) Definition.--
``(i) In general.--For purposes of this
paragraph, the term `entity posing a national
security risk' means an entity that the
Commission determines poses a national security
risk.
``(ii) Determination.--In determining which
entities qualify as entities posing a national
security risk under this paragraph, the
Commission may rely solely upon a determination
by--
``(I) an appropriate national
security agency;
``(II) an interagency body that
includes appropriate national security
expertise, including the Federal
Acquisition Security Council
established under section 1322 of title
41, United States Code;
``(III) Congress; or
``(IV) the Secretary of Commerce
under the program established under
Executive Order 13873 (84 Fed. Reg.
22689; relating to securing information
and communications technology and
services supply chain) or by an agency
under any successor program.''.
(b) Implementation.--Not later than 1 year after the date of
enactment of this Act, the Commission shall take all steps necessary to
implement the amendments made by subsection (a).
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