,,ii #aadth ,,congress #ast ,session ,s4 #bbgh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #aj1 #bjae ,mr4 ,schatz introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to promote the availability of additional unlicensed spectrum for innovation and investment1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,promoting ,unlicensed ,spectrum ,act of #bjae4 #b4 ,definitions ,in this ,act-- 7#a7 the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,b7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7#b7 the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information2 7#c7 the term ,commission means the ,federal ,communications ,commission2 7#d7 the term ,federal entity has the meaning given the term in section #aac7l7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7l772 7#e7 the term ,spectrum ,relocation ,fund means the ,fund established under section #aah of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh72 and 7#f7 the term unlicensed operations means the use of spectrum on a nonexclusive basis and without the expectation of protection from interference under-- 7,a7 part #ae of title #dg1 ,code of ,federal ,regulations2 or 7,b7 licensing by rule under part #if of title #dg1 ,code of ,federal ,regulations4 #c4 ,federal ,communications ,commission allocation and allotment of spectrum 7a7 ,in general ,the ,commission shall ensure that spectrum allocation and assignment produce a balance between radio frequency bands available for-- 7#a7 exclusive licensing through an auction2 and 7#b7 unlicensed operations4 7b7 ,rulemaking ,not later than #ah months after the date of enactment of this ,act1 the ,commission shall-- 7#a7 promulgate rules to implement subsection 7a71 including establishing a process that will achieve the mandate under subsection 7a7 in the future allocation and assignment of radio frequency bands2 and 7#b7 consider whether to adopt rules that permit unlicensed operations in spectrum assigned by auction until the licensee brings the spectrum into use by initiating commercial service4 7c7 ,inclusion in service rules ,the ,commission shall include in the service rules of an auction for spectrum any rules promulgated under subsection 7b74 7d7 ,inclusion in reports ,the ,commission shall ensure that each report submitted to ,congress under section #ajjf of the ,bipartisan ,budget ,act of #bjae 7,public ,law #aad-gd2 #abi ,stat4 #ehd7 reflects the rulemaking required under this section4 #d4 ,national strategy for unlicensed spectrum 7a7 ,statement of policy ,it is the policy of the ,united ,states to-- 7#a7 maximize the utility of the spectrum resources of the ,united ,states2 7#b7 advance innovation and investment in wireless broadband services2 and 7#c7 promote a balanced spectrum policy that makes adequate spectrum resources available for both licensed and unlicensed technologies4 7b7 ,national strategy ,not later than #a year after the date of enactment of this ,act1 the ,commission1 in consultation with the ,assistant ,secretary1 shall develop a national strategy for making additional radio frequency bands available for unlicensed operations4 7c7 ,considerations ,the strategy developed under subsection 7b7 shall include-- 7#a7 identification of proposed radio frequency bands to be cleared of incumbent users to permit use by devices conducting unlicensed operations2 7#b7 consideration of a balanced approach that ensures that consumers have access to additional low-1 mid-1 and high-band radio frequency spectrum to conduct unlicensed operations2 7#c7 consideration of rules to permit spectrum sharing to make available additional radio frequency ranges for unlicensed operations1 including-- 7,a7 expanding utilization of the spectrum sharing model implemented by the ,commission for the spectrum between #ceej and #cfej megahertz2 7,b7 allowing underlay unlicensed operations in spectrum allocated for other services in a manner that does not cause harmful interference to licensees2 and 7,c7 any other spectrum sharing approach that the ,commission finds will-- 7i7 expand opportunities for unlicensed operations in a spectrum band2 or 7ii7 otherwise improve spectrum utilization2 7#d7 examination of additional ways to improve the accuracy and efficacy of existing and planned databases or spectrum access systems designed to promote spectrum sharing and access to spectrum for unlicensed operations2 and 7#e7 consideration of the extent to which additional bands used for unlicensed operations may be harmonized to achieve greater economies of scale4 7d7 ,report required 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commission shall submit to the appropriate committees of ,congress a report that describes the strategy developed under subsection 7b71 including any recommendations for legislative change4 7#b7 ,publication on ,commission website ,not later than the date on which the ,commission submits the report under paragraph 7#a71 the ,commission shall make the report publicly available on the website of the ,commission4 #e4 ,making ,federal spectrum available for unlicensed operation 7a7 ,in general ,not later than #bgj days after the date of enactment of this ,act1 the ,assistant ,secretary1 in conjunction with the ,commission and the ,director of the ,office of ,management and ,budget1 shall submit to the appropriate committees of ,congress a report on the steps necessary to designate additional radio frequency bands used by ,federal entities for unlicensed operations in a manner that does not cause harmful interference to ,federal ,government operations4 7b7 ,considerations ,the report required under subsection 7a7 shall consider-- 7#a7 recommendations on how to reform the ,spectrum ,relocation ,fund to address costs incurred by ,federal entities related to sharing radio frequency bands with radio technologies conducting unlicensed operations2 7#b7 recommendations for ensuring the solvency of the ,spectrum ,relocation ,fund if the ,spectrum ,relocation ,fund is used to cover the costs described in paragraph 7#a72 7#c7 whether it may be possible for unlicensed operations to be permitted on an underlay basis in spectrum bands used by ,federal entities without causing harmful interference to ,federal ,government operations1 including impacting homeland security or national security communications needs2 and 7#d7 whether other spectrum sharing techniques may be used to facilitate access by radio technologies conducting unlicensed operations to ,federal spectrum1 such as with the access system used by the ,commission for the spectrum between #ceej and #cfej megahertz4