[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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