,,ii #aaeth ,,congress #ast ,session ,s4 #afhb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #a1 #bjag ,mr4 ,gardner 7for himself and ,ms4 ,hassan7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to facilitate a national pipeline of spectrum for commercial use1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,advancing ,innovation and ,reinvigorating ,widespread ,access to ,viable ,electromagnetic ,spectrum ,act or the ,,airwaves ,act4 #b4 ,sense of ,congress ,it is the sense of ,congress that the ,united ,states should strive to-- 7#a7 advance innovation with respect to1 and investment in1 wireless broadband ,internet access2 7#b7 promote the benefits of connecting all individuals in the ,united ,states to quality wireless broadband ,internet access1 including those individuals in rural communities2 and 7#c7 support comprehensive1 technology-neutral spectrum policy that includes licensed1 unlicensed1 and shared use of spectrum bands4 #c4 ,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 7,b7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,c7 any other congressional committee with jurisdiction over a matter2 7#b7 the term ,commission means the ,federal ,communications ,commission2 7#c7 the term eligible ,federal entity means an entity described in section #aac7;g77#a7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;g77#a772 7#d7 the term eligible frequency means a frequency with respect to which the costs incurred by an eligible ,federal entity in relocating from the frequency may be reimbursed from the ,spectrum ,relocation ,fund2 7#e7 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#f7 the term ,,ntia means the ,national ,telecommunications and ,information ,administration2 7#g7 the term ,spectrum ,frontiers proceeding means the ,report and ,order and ,further ,notice of ,proposed ,rulemaking in the matter of ,use of ,spectrum ,bands ,above #bd ,g,hz for ,mobile ,radio ,services1 adopted by the ,commission on ,july #ad1 #bjaf 7,,fcc #af-hi72 7#h7 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#i7 the term system of competitive bidding means a system of competitive bidding conducted under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j774 #d4 ,spectrum ,frontiers proceeding ,not later than #a year after the date of enactment of this ,act1 the ,commission shall complete the rule making to which the ,spectrum ,frontiers proceeding relates4 #e4 ,expanding access to commercial spectrum 7a7 ,,fcc responsibilities ,the ,commission1 in consultation with the ,,ntia1 shall-- 7#a7 not later than ,december #ca1 #bjah1 complete a system of competitive bidding to grant new licenses for the use of spectrum in frequencies between #ceej megahertz and #cfej megahertz2 7#b7 not later than ,december #ca1 #bjai1 complete a system of competitive bidding for the use of spectrum in frequencies between-- 7,a7 #bgejj megahertz and #bhcej megahertz1 consistent with the spectrum sharing framework adopted for that frequency band as part of the ,spectrum ,frontiers proceeding2 7,b7 #cgjjj megahertz and #chfjj megahertz2 and 7,c7 #chfjj megahertz and #djjjj megahertz2 and 7#c7 not later than ,december #ca1 #bjbj1 complete a system of competitive bidding for the use of spectrum in frequencies between-- 7,a7 #bdbej megahertz and #bddej megahertz2 7,b7 #bejej megahertz and #bebej megahertz2 7,c7 #cahjj megahertz and #ccdjj megahertz2 7,d7 #dbjjj megahertz and #dbejj megahertz2 7,e7 #dgbjj megahertz and #dhbjj megahertz2 and 7,f7 #ejdjj megahertz and #ebfjj megahertz4 7b7 ,identifying frequencies between #gabe megahertz and #hdjj megahertz ,to be utilized for unlicensed purposes 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commission1 in consultation with the ,,ntia1 shall identify any frequency between #gabe megahertz and #hdjj megahertz with respect to which there is the potential for unlicensed use without causing harmful interference with incumbents4 7#b7 ,rule making ,if the ,commission1 in consultation with the ,,ntia1 makes an identification described in paragraph 7#a71 the ,commission shall consider initiating a rule making with respect to the unlicensed use described in that paragraph4 7c7 ,report on reallocation of certain incumbent ,federal stations 7#a7 ,in general ,not later than ,december #ca1 #bjbj1 the ,,ntia1 in consultation with the ,director of the ,office of ,management and ,budget1 shall submit to the appropriate committees of ,congress a report relating to the relocation of incumbent ,federal stations authorized to use spectrum in the frequencies between #acjj megahertz and #acej megahertz and between #aghj megahertz and #ahcj megahertz in order to facilitate the reallocation of such spectrum from ,federal to non-,federal use4 7#b7 ,timing ,the relocation described in paragraph 7#a7 with respect to the frequencies between #aghj megahertz and #ahcj megahertz shall take place not earlier than #bjbc4 7d7 ,amendments to the ,spectrum ,pipeline ,act of #bjae ,section #ajjd of the ,spectrum ,pipeline ,act of #bjae 7#dg ,u4,s4,c4 #iba note7 is amended-- 7#a7 in subsection 7a71 by striking #cj megahertz and inserting #ajj megahertz2 and 7#b7 in subsection 7c77#a77;,b71 by striking ,july #a1 #bjbd and inserting ,july #a1 #bjbc4 #f4 ,modernizing mid-band spectrum 7a7 ,in general 7#a7 ,spectrum identification ,not later than ,december #ca1 #bjai1 the ,commission1 in consultation with the ,,ntia1 shall identify #ejj megahertz of additional spectrum in the frequencies between #cgjj megahertz and #dbjj megahertz to make available for commercial licensed use4 7#b7 ,spectrum auction ,not later than ,december #ca1 #bjbb1 the ,commission shall complete a system of competitive bidding for the use of spectrum identified under paragraph 7#a74 7b7 ,rule making on the unlicensed use of the frequency band between #eibe megahertz and #gabe megahertz ,not later than #ahj days after the date of enactment of this ,act1 the ,commission1 in consultation with the ,,ntia1 shall issue a notice of proposed rule making with respect to creating opportunities for the unlicensed use of spectrum in the frequencies between #eibe and #gabe megahertz without causing harmful interference with any incumbents in that band4 #g4 ,rural set-aside 7a7 ,in general ,notwithstanding section #cji7;j77#h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h771 the ,commission shall allocate #aj percent of the proceeds from each system of competitive bidding conducted under this ,act for the deployment of wireless infrastructure in areas that the ,commission has determined are underserved or unserved with respect to wireless broadband ,internet access service4 7b7 ,limitations ,no amounts allocated under subsection 7a7 may be combined with amounts that are used to fund any other program that is in existence on the date on which the allocation is made1 including any program established under section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed74 #h4 ,special rules ,with respect to any frequency band described in this ,act1 if the relocation of an incumbent from that frequency band to another equivalent frequency band 7referred to in this section as the destination band7 is not possible1 and if the ,commission determines that no mitigation technology1 alternative sharing approach1 or incentives-based approach would reliably prevent harmful interference to licensees1 the ,commission-- 7#a7 shall provide notification of that determination to the appropriate committees of ,congress and the ,,ntia2 and 7#b7 may not proceed with any action1 including relocating incumbents from the destination band or permitting new entrants into the destination band1 that may result in the dislodging or harming of any incumbent in the destination band until the ,commission can ensure that any such action will neither cause harmful interference with nor unreasonably constrain an incumbent in the destination band4 #i4 ,commission study on enhancing the benefits of unlicensed spectrum for rural communities 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,commission shall conduct1 and submit to the appropriate committees of ,congress the results of1 a study regarding how unlicensed spectrum can be further utilized to assist in-- 7#a7 the provision of healthcare in rural areas2 7#b7 distance learning2 and 7#c7 facilitating innovations in agriculture4 7b7 ,recommendations ,the results of the study submitted under subsection 7a7 shall include recommendations regarding-- 7#a7 overcoming barriers to the use of unlicensed spectrum for the purposes described in that subsection2 and 7#b7 how to further utilize unlicensed spectrum to meet the needs of rural communities with respect to broadband ,internet access service4 #aj4 ,,gao study on ,spectrum ,relocation ,fund allocations ,not later than #ahj days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct1 and submit to the appropriate committees of ,congress the results of1 a study to determine the efficiency with which amounts in the ,spectrum ,relocation ,fund are transferred to eligible ,federal entities that willingly relocate from eligible frequencies4 #aa4 ,rules of construction 7a7 ,frequency ranges ,any frequency range described in this ,act shall be construed as including the upper and lower frequency in the frequency range4 7b7 ,assessment of electromagnetic spectrum reallocation ,nothing in this ,act may be construed as affecting any requirement under section #aef of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #iba note74