[Congressional Record Volume 171, Number 112 (Saturday, June 28, 2025)]
[Senate]
[Page S3977]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2418. Mr. PETERS submitted an amendment intended to be proposed to
amendment SA 2360 proposed by Mr. Thune (for Mr. Graham) to the bill
H.R. 1, to provide for reconciliation pursuant to title II of H. Con.
Res. 14; which was ordered to lie on the table; as follows:
In section _0002, strike subsections (a) through (e) and
insert the following:
SEC. _0002. SPECTRUM AUCTIONS.
(a) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Covered band.--The term ``covered band''--
(A) except as provided in subparagraph (B), means the band
of frequencies between 1.3 gigahertz and 10.5 gigahertz; and
(B) does not include--
(i) the band of frequencies between 3.1 gigahertz and 3.45
gigahertz;
(ii) the band of frequencies between 5.895 gigahertz and
5.925 gigahertz; or
(iii) the band of frequencies between 7.4 gigahertz and 8.4
gigahertz.
(4) Full-power commercial licensed use cases.--The term
``full-power commercial licensed use cases'' means flexible
use wireless broadband services with base station power
levels sufficient for high-power, high-density, and wide-area
commercial mobile services, consistent with the service rules
under part 27 of title 47, Code of Federal Regulations, or
any successor regulations, for wireless broadband deployments
throughout the covered band.
(b) General Auction Authority.--
(1) Amendment.--Section 309(j)(11) of the Communications
Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking
``grant a license or permit under this subsection shall
expire March 9, 2023'' and all that follows and inserting the
following: ``complete a system of competitive bidding under
this subsection shall expire September 30, 2034, except that,
with respect to the electromagnetic spectrum--
``(A) between the frequencies of 3.1 gigahertz and 3.45
gigahertz, such authority shall not apply;
``(B) between the frequencies of 5.895 gigahertz and 5.925
gigahertz, such authority shall not apply; and
``(C) between the frequencies of 7.4 gigahertz and 8.4
gigahertz, such authority shall not apply.''.
(2) Spectrum auctions.--The Commission shall grant licenses
through systems of competitive bidding, before the expiration
of the general auction authority of the Commission under
section 309(j)(11) of the Communications Act of 1934 (47
U.S.C. 309(j)(11)), as amended by paragraph (1) of this
subsection, for not less than 300 megahertz across the entire
spectrum band, including by completing a system of
competitive bidding not later than 2 years after the date of
enactment of this Act for not less than 100 megahertz in the
band between 3.98 gigahertz and 4.2 gigahertz.
(c) Identification for Reallocation.--
(1) In general.--The Assistant Secretary, in consultation
with the Commission, shall identify 500 megahertz of
frequencies in the covered band for reallocation to non-
Federal use, shared Federal and non-Federal use, or a
combination thereof, for full-power commercial licensed use
cases, that--
(A) as of the date of enactment of this Act, are allocated
for Federal use; and
(B) shall be in addition to the 300 megahertz of
frequencies for which the Commission grants licenses under
subsection (b)(2).
(2) Schedule.--The Assistant Secretary shall identify the
frequencies under paragraph (1) according to the following
schedule:
(A) Not later than 2 years after the date of enactment of
this Act, the Assistant Secretary shall identify not less
than 200 megahertz of frequencies within the covered band.
(B) Not later than 4 years after the date of enactment of
this Act, the Assistant Secretary shall identify any
remaining bandwidth required to be identified under paragraph
(1).
(3) Required analysis.--
(A) In general.--In determining under paragraph (1) which
specific frequencies within the covered band to reallocate,
the Assistant Secretary shall determine the feasibility of
the reallocation of frequencies.
(B) Requirements.--In conducting the analysis under
subparagraph (A), the Assistant Secretary shall assess net
revenue potential, relocation or sharing costs, as
applicable, and the feasibility of reallocating specific
frequencies, with the goal of identifying the best approach
to maximize net proceeds of systems of competitive bidding
for the Treasury, consistent with section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)).
(d) Auctions.--The Commission shall grant licenses for the
frequencies identified for reallocation under subsection (c)
through systems of competitive bidding in accordance with the
following schedule:
(1) Not later than 4 years after the date of enactment of
this Act, the Commission shall, after notifying the Assistant
Secretary, complete 1 or more systems of competitive bidding
for not less than 200 megahertz of the frequencies.
(2) Not later than 8 years after the date of enactment of
this Act, the Commission shall, after notifying the Assistant
Secretary, complete 1 or more systems of competitive bidding
for any frequencies identified under subsection (c) that
remain to be auctioned after compliance with paragraph (1) of
this subsection.
(e) Limitations.--
(1) In general.--The President shall modify or withdraw any
frequency proposed for reallocation under this section not
later than 60 days before the commencement of a system of
competitive bidding scheduled by the Commission with respect
to that frequency, if the President determines that such
modification or withdrawal is necessary to protect the
national security of the United States.
(2) Rules of construction.--
(A) Nothing in paragraph (1) may be construed to place any
limit on the President to exercise the authority of the
President under section 706 of the Communications Act of 1934
(47 U.S.C. 606).
(B) Nothing in this section may be construed to authorize--
(i) the withdrawal or modification of Federal spectrum
allocations between 3.1 gigahertz and 3.45 gigahertz, between
5.895 gigahertz and 5.925 gigahertz, or between 7.4 gigahertz
and 8.4 gigahertz; or
(ii) non-Federal use of the frequencies described in clause
(i).
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