[Congressional Record Volume 145, Number 162 (Tuesday, November 16, 1999)]
[Senate]
[Pages S14613-S14614]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BROWNBACK.
  S. 1923. A bill to prohibit the Federal Communications Commission 
from applying spectrum aggregation limits to spectrum assigned by 
auction after 1999; to the Committee on Commerce, Science, and 
Transportation.


               the third-generation wireless internet act

  Mr. BROWNBACK. Mr. President, I rise today to introduce the Third-
Generation Wireless Internet Act of 1999, a bill to prevent the FCC 
from applying the current spectrum cap imposed upon commercial mobile 
wireless services to new spectrum auctions.
  Mr. President, the popularity of wireless services has far exceeded 
expectations. More people purchase wireless phones every month, and the 
duration of calls is growing rapidly as per-minute rates decline.
  Mr. President, while the popularity of wireless has increased, the 
Internet has become a mass-market phenomenon. Flat-rate Internet-usage 
plans have lured millions of Americans online. Broadband services have 
increased the Internet applications available to consumers and 
drastically reduced the amount of time necessary to access information 
online.
  Now, we are witnessing the marriage of the wireless and Internet 
crazes. Wireless Internet access presents consumers with the 
opportunity to access the Internet anywhere and anytime.
  With wireless access, consumers will no longer be dependent upon 
personal computers to reach the Internet. However, wireless Internet 
access will only

[[Page S14614]]

become a mass-market phenomenon when consumers can obtain wireless 
broadband services that provide the bandwidth necessary to download 
information from the Internet on a hand-held device at reasonable 
speeds.
  Third-generation wireless services represent the first wave of truly 
broadband mobile services. Third-generation services should enable 
wireless users to achieve speeds of up to 384 kilobits per second. But, 
Mr. President, to ensure the rapid deployment of third-generation 
services, Congress needs to provide wireless carriers with the ability 
to purchase additional spectrum at future FCC auctions, which many 
carriers cannot do under the current FCC policy.
  Manufacturers are hesitant to produce equipment for third-generation 
applications, and wireless carriers are unable to roll out third-
generation services, because wireless carriers do not have enough 
spectrum to offer true third-generation services. Consumers have an 
opportunity to have wireless high-speed access to the Internet. But 
until there is regulatory certainty that carriers will be able to 
obtain the spectrum necessary to offer third-generation services, 
consumers will have to wait before they can have a mobile on-ramp to 
the information superhighway.
  Mr. President, I ask unanimous consent that the bill be printed in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1923

       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 ``Third-Generation Wireless 
     Internet Act.''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) Mobile telephony has been one of the fastest growing 
     industries of the telecommunications sector, offering 
     consumers innovative services at affordable rates.
       (2) Demand for mobile telecommunications services has 
     greatly exceeded industry expectations.
       (3) Mobile carriers are poised to bring high-speed Internet 
     access to consumers through wireless telecommunications 
     devices.
       (4) Third Generation mobile systems (hereinafter referred 
     to as ``3G'') are capable of delivering high-speed data 
     services for Internet access and other multimedia 
     applications.
       (5) Advanced wireless services such as 3G may be the most 
     efficient and economic way to provide high-speed Internet 
     access to rural areas of the United States.
       (6) Under the current Federal Communications Commission 
     rules, commercial mobile service providers may not use more 
     than 45 megahertz of combined cellular, broadband Personal 
     Communications Service, and Specialized Mobile Radio spectrum 
     within any geographic area.
       (7) Assignments of additional spectrum may be needed to 
     enable mobile operators to keep pace with the demand for 3G 
     services.
       (8) The application of the current Commission spectrum cap 
     rules to new spectrum auctioned by the FCC would greatly 
     impede the deployment of 3G services.

     SEC. 3. WIRELESS TELECOMMUNICATIONS SERVICES.

       Section 332(c) of the Communications Act of 1934 (47 U.S.C. 
     332(c)) is amended by adding at the end thereof the 
     following:
       ``(9) Non-Application of spectrum aggregation limits to new 
     auctions.--
       ``(A) The Commission may not apply section 20.6(a) of its 
     regulations (47 C.F.R. 20.6(a)) to a license for spectrum 
     assigned by initial auction held for after December 31, 1999.
       ``(B) The Commission may relax or eliminate the spectrum 
     aggregation limits of section 20.6 of its regulations (47 
     C.F.R. 20.6), but may not lower these limits.''.
                                 ______