,,ii #aafth ,,congress #ast ,session ,s4 #bief ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ba1 #bjai,mr4 ,schatz 7for himself1 ,mr4 ,markey1 and ,ms4 ,cantwell7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,communications ,act of #aicd to direct the ,federal ,communications ,commission to conduct a public auction of the ,c-band1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,investing in ,america's ,digital ,infrastructure ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,c-,band ,reimbursement ,fund ,the term ,c-,band ,reimbursement ,fund means the fund established under section #e7;a74 7#b7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#c7 ,digital ,divide ,trust ,fund ,the term ,digital ,divide ,trust ,fund means the trust fund established under section #d7;a74 #c4 ,public auction of ,c-band spectrum 7a7 ,in general ,not earlier than ,june #a1 #bjba1 and not later than ,december #ca1 #bjba1 the ,commission shall-- 7#a7 identify not less than #bjj megahertz of the electromagnetic spectrum described in subsection 7b7 for reallocation consistent with this section2 7#b7 clear the spectrum identified under paragraph 7#a7 consistent with subsection 7f72 7#c7 reallocate the spectrum identified under paragraph 7#a7 for terrestrial broadband use1 reserving #bj megahertz of the spectrum as a guard band2 and 7#d7 notwithstanding paragraph 7#ae77;,a7 of section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j771 begin a system of competitive bidding under that section to grant new initial licenses for the use of the spectrum identified under paragraph 7#a7 of this subsection1 subject to-- 7,a7 flexible-use service rules2 and 7,b7 the requirement to protect incumbent uses of the spectrum not otherwise cleared under paragraph 7#b7 of this subsection from harmful interference4 7b7 ,electromagnetic spectrum described ,the electromagnetic spectrum described in this subsection is the spectrum between #cgjj megahertz and #dbjj megahertz1 inclusive4 7c7 ,auction proceeds ,section #cji7;j77#h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h77 is amended-- 7#a7 in subparagraph 7,a71 by striking and 7,g7 and inserting 7,g71 and 7,h72 7#b7 in subparagraph 7,c77i71 by striking and 7,g7 and inserting 7,g71 and 7,h72 and 7#c7 by adding at the end the following3 7,h7 ,certain proceeds designated for ,digital ,divide ,trust ,fund ,notwithstanding subparagraph 7,a7 and except as provided in subparagraph 7,b71 the proceeds 7including deposits and upfront payments from successful bidders7 from the use of a system of competitive bidding under this subsection pursuant to section #c of the ,investing in ,america's ,digital ,infrastructure ,act shall be deposited in the ,digital ,divide ,trust ,fund established under section #d of the ,investing in ,america's ,digital ,infrastructure ,act4 4 7d7 ,clearing of ,c-,band spectrum for auction 7#a7 ,licenses 7,a7 ,issuance ,the ,commission shall issue any new licenses or license modifications required to clear electromagnetic spectrum under subsection 7a77#b7 as expeditiously as possible after the date of enactment of this ,act4 7,b7 ,protests ,the right of a licensee to protest a proposed order of modification of its license under section #caf of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #caf7 shall not apply in the case of a modification made under subparagraph 7,a7 of this paragraph4 7#b7 ,protection of ,c-band users ,the ,commission shall clear electromagnetic spectrum under subsection 7a77#b7 in a manner that ensures that persons or entities that used the spectrum before the clearing of the spectrum receive-- 7,a7 service that is equivalent to or better than the service received before the clearing of the spectrum2 and 7,b7 service at a level described in subparagraph 7,a7 continuously throughout the clearing of the spectrum4 #d4 ,digital ,divide ,trust ,fund 7a7 ,establishment 7#a7 ,in general ,there is established in the ,treasury of the ,united ,states a trust fund to be known as the ,digital ,divide ,trust ,fund4 7#b7 ,availability ,amounts deposited in the ,digital ,divide ,trust ,fund shall remain available until expended4 7b7 ,investment ,amounts in the ,digital ,divide ,trust ,fund shall be invested in accordance with section #igjb of title #ca1 ,united ,states ,code1 and any interest on1 and proceeds from1 any such investment shall be credited to1 and become part of1 the ,fund4 7c7 ,use of funds 7#a7 ,reimbursement of borrowed amounts ,as amounts are deposited in the ,digital ,divide ,trust ,fund1 the ,commission shall first use those amounts to reimburse the general fund of the ,treasury for any amounts borrowed under section #e7;b74 7#b7 ,other uses 7,a7 ,in general ,the ,commission shall use the amounts remaining in the ,digital ,divide ,trust ,fund after compliance with paragraph 7#a7-- 7i7 for the deployment of-- 7,i7 wireless broadband infrastructure in areas that the ,commission has determined are underserved or unserved with respect to wireless broadband internet access service2 7,,ii7 wired broadband infrastructure in areas that the ,commission has determined are underserved or unserved with respect to wired broadband internet access service2 and 7,,iii7 broadband infrastructure to support other technologies1 including telehealth1 telemedicine1 e-government1 and educational opportunities at home2 and 7ii7 in conjunction with the ,national #iaa ,program overseen by the ,national ,telecommunications and ,information ,administration and the ,national ,highway ,traffic ,safety ,administration1 for the deployment of ,next ,generation #i-a-a services4 7,b7 ,limitations 7i7 ,rulemaking required 7,i7 ,timing ,not earlier than ,january #a1 #bjbc1 the ,commission shall conduct a rulemaking to determine how to implement subparagraph 7,a74 7,,ii7 ,obligation of amounts ,the ,commission may not obligate any amounts from the ,digital ,divide ,trust ,fund under subparagraph 7,a7 until the ,commission has conducted the rulemaking under subclause 7,i7 of this clause4 7ii7 ,relation to universal service programs ,the amounts provided under subparagraph 7,a7 are not intended to supplant any program established under section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed74 #e4 ,c-,band ,reimbursement ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,c-,band ,reimbursement ,fund4 7b7 ,borrowing authority ,the ,commission may borrow from the ,treasury of the ,united ,states an amount not to exceed #b1ejj1jjj1jjj to use for payments required under subsection 7d74 7c7 ,deposit of funds ,any amounts borrowed under subsection 7b7 shall be deposited in the ,c-,band ,reimbursement ,fund4 7d7 ,payment of costs ,the ,commission shall use amounts in the ,c-,band ,reimbursement ,fund to reimburse costs reasonably incurred by-- 7#a7 incumbent holders of licenses or market access rights for use of the electromagnetic spectrum identified under paragraph 7#a7 of section #c7;a71 to reduce the usage of that spectrum by those entities in accordance with that section2 7#b7 licensees or registrants of an earth station receiving signals over the spectrum identified under section #c7;a77#a72 and 7#c7 the relocation of other incumbent uses of the spectrum identified under section #c7;a77#a74 7e7 ,transfer of unused funds ,if any amounts remain in the ,c-,band ,reimbursement ,fund after the date that is #c years after the completion of the system of competitive bidding conducted under section #c1 the ,secretary of the ,treasury shall transfer those amounts to the ,digital ,divide ,trust ,fund4 #f4 ,spectrum auction participation 7a7 ,in general ,section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77 is amended-- 7#a7 in paragraph 7#ag77;,a71 in the matter preceding clause 7i71 by striking ,notwithstanding and inserting ,subject to paragraph 7#ai7 and notwithstanding2 and 7#b7 by adding at the end the following3 7#ai7 ,prohibition on auction participation by entities posing a national security risk 7,a7 ,in general ,an entity posing a national security risk may not participate in any system of competitive bidding under this subsection4 7,b7 ,definition 7i7 ,in general ,for purposes of this paragraph1 the term entity posing a national security risk means an entity that the ,commission determines poses a national security risk4 7ii7 ,determination ,in determining which entities qualify as entities posing a national security risk under this paragraph1 the ,commission may rely solely upon a determination by-- 7,i7 an appropriate national security agency2 7,,ii7 an interagency body that includes appropriate national security expertise1 including the ,federal ,acquisition ,security ,council established under section #acbb of title #da1 ,united ,states ,code2 7,,iii7 ,congress2 or 7,,iv7 the ,secretary of ,commerce under the program established under ,executive ,order #achgc 7#hd ,fed4 ,reg4 #bbfhi2 relating to securing information and communications technology and services supply chain7 or by an agency under any successor program4 4 7b7 ,implementation ,not later than #a year after the date of enactment of this ,act1 the ,commission shall take all steps necessary to implement the amendments made by subsection 7a74