[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4234 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4234

 To require the Secretary of Commerce to identify a certain amount of 
   Federal spectrum to be reallocated for mobile and fixed wireless 
                 broadband use, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2020

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

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Commerce to identify a certain amount of 
   Federal spectrum to be reallocated for mobile and fixed wireless 
                 broadband 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 ``Ensuring Public Safety's Access to 
Airwaves Act of 2020''.

SEC. 2. REPEAL OF REQUIREMENT TO REALLOCATE PUBLIC SAFETY SPECTRUM.

    (a) In General.--Section 6103 of the Middle Class Tax Relief and 
Job Creation Act of 2012 (47 U.S.C. 1413) is repealed.
    (b) Conforming Amendment.--The table of contents for the Middle 
Class Tax Relief and Job Creation Act of 2012 (Public Law 112-96; 126 
Stat. 156) is amended by striking the item relating to section 6103.

SEC. 3. AVAILABILITY OF FEDERAL SPECTRUM.

    (a) Definitions.--In this section--
            (1) the term ``Assistant Secretary'' means the Assistant 
        Secretary of Commerce for Communications and Information;
            (2) the term ``broadband internet access service'' has the 
        meaning given the term in section 8.1(b) of title 47, Code of 
        Federal Regulations, or any successor regulation;
            (3) the term ``Commission'' means the Federal 
        Communications Commission;
            (4) the term ``Federal spectrum'' means a band of frequency 
        that is allocated on a primary basis for Federal Government 
        use;
            (5) the term ``Secretary'' means the Secretary of Commerce; 
        and
            (6) the term ``system of competitive bidding'' means a 
        system of competitive bidding under section 309(j) of the 
        Communications Act of 1934 (47 U.S.C. 309(j)).
    (b) Identification.--
            (1) In general.--Not later than December 31, 2020, and 
        subject to paragraphs (2) and (3), the Secretary, acting 
        through the Assistant Secretary, shall identify not less than 
        42 megahertz of Federal spectrum below the frequency of 10500 
        megahertz that shall be reallocated for the provision of 
        private commercial mobile and fixed wireless broadband internet 
        access service.
            (2) Considerations.--In making the identification required 
        under paragraph (1), the Secretary, acting through the 
        Assistant Secretary, shall consider, with respect to the 
        reallocation described in that paragraph--
                    (A) the need to preserve critical existing and 
                planned capabilities of the Federal Government;
                    (B) the impact of that reallocation on the existing 
                capabilities of State, local, and tribal governments;
                    (C) the international implications of that 
                reallocation;
                    (D) the need for appropriate enforcement mechanisms 
                and authorities; and
                    (E) the importance of the deployment of wireless 
                broadband internet access service in rural areas of the 
                United States.
            (3) Non-eligible spectrum.--The following spectrum shall be 
        ineligible for the identification required under paragraph (1):
                    (A) The bands of frequencies between 470 and 512 
                megahertz (commonly known as the ``T-Band spectrum'').
                    (B) The frequencies with respect to which the 
                Commission has granted a license to the First Responder 
                Network Authority under section 6201 of the Middle 
                Class Tax Relief and Job Creation Act of 2012 (47 
                U.S.C. 1421).
    (c) Auction.--Not later than December 31, 2021, the Commission 
shall--
            (1) reallocate the spectrum identified under subsection 
        (b); and
            (2) begin a system of competitive bidding to grant new 
        initial licenses for the use of the spectrum described in 
        paragraph (1).
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