2017 AIRWAVES Act, S.1682

Senate Bill 1682 — AIRWAVES Act


Summary, emphases, and [comments], below, by Scientists For Wired Technology (‘S4WT’)

Bill Summary: S.1682

The Bill states the following:

  • To facilitate a national pipeline of spectrum for commercial use for various frequencies: some to be auctioned off (licensed for private use for a fee) and some to be designated as unlicensed (for public use at no fee).
  • Specific frequencies are listed below: frequencies span from 1,300 to 52,600 megahertz
  • Even though "technology-neutral" is mentioned in "technology-neutral spectrum policy that includes licensed, unlicensed, and shared use of spectrum bands", this term needs to be specified to mean either Wireline or Wireless broadband access.
  • To address the Digital Divide, the Bill states "10 percent of the proceeds from each system of competitive bidding conducted under this Act for the deployment of wireless infrastructure", but this language is not technology-neutral — the Bill needs to be amended to allow fiber-optic-to-the-premises (FTTP) installations to address the Digital Divide, as well.

Scientists For Wired Technology Bill Analysis: S.1682

S4Wt recommends amendments to S.1682 to make all references to broadband Internet access to be technology neutral — so Federal funds can be used to provide data connections via fiber-optic-to-the-premises (FTTP), instead of via Wireless means. See comments below.

S.1682 Bill Text

115th CONGRESS, 1st Session

To facilitate a national pipeline of spectrum for commercial use, and for other purposes.

IN THE SENATE OF THE UNITED STATES
August 1, 2017
Mr. Gardner (for himself and Ms. Hassan) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL
To facilitate a national pipeline of spectrum for commercial use, and for other purposes.

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 “Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum Act” or the “AIRWAVES Act”.

SEC. 2. Sense of Congress.

It is the sense of Congress that the United States should strive to —

(1) advance innovation with respect to, and investment in, wireless broadband Internet access;

[S4WT Comment: for the good of the US, (1) should be be amended to say "advance innovation with respect to, and investment in, both Wireline and Wireless broadband Internet access"]

(2) promote the benefits of connecting all individuals in the United States to quality wireless broadband Internet access, including those individuals in rural communities; and

(3) support comprehensive, technology-neutral spectrum policy that includes licensed, unlicensed, and shared use of spectrum bands.

[S4WT Comment: "technology neutral" must mean for both Wireline and Wireless broadband Internet access"]

SEC. 3. Definitions.

In this Act —

(1) the term “appropriate committees of Congress” means —

   (A) the Committee on Commerce, Science, and Transportation of the Senate;

   B) the Committee on Energy and Commerce of the House of Representatives; and

   (C) any other congressional committee with jurisdiction over a matter;

(2) the term "Commission" means the Federal Communications Commission;

(3) the term "eligible Federal entity" means an entity described in section 113(g)(1) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(1));

47 U.S.C. 923 Relocation of and spectrum sharing by Federal Government stations (g)(1) Eligible Federal entities:
Any Federal entity that operates a Federal Government station that incurs relocation or sharing costs because of planning for an auction of eligible spectrum frequencies or the reallocation of eligible spectrum frequencies from Federal use to exclusive non-Federal use or to shared use shall receive payment for such relocation or sharing costs from the Spectrum Relocation Fund, in accordance with this section and section 928 of this title. For purposes of this paragraph, Federal power agencies exempted under subsection (c)(4) that choose to relocate from the frequencies identified for reallocation pursuant to subsection (a) are eligible to receive payment under this paragraph.

(4) 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 Fund;

(5) the term "Federal entity" has the meaning given the term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l));

47 U.S.C. 923 Relocation of and spectrum sharing by Federal Government stations (l)"Federal entity" defined:
For purposes of this section, the term “Federal entity” means any department, agency, or other instrumentality of the Federal Government that utilizes a Government station license obtained under section 305 of the 1934 Act (47 U.S.C. 305).

(6) the term "NTIA" means the National Telecommunications and Information Administration;

(7) 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 24 GHz for Mobile Radio Services, adopted by the Commission on July 14, 2016 (FCC 16–89);

(8) the term "Spectrum Relocation Fund" means the fund established under section 118 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928); and

(9) the term "system of competitive bidding" means a system of competitive bidding conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)).

SEC. 4. Spectrum Frontiers proceeding.

Not later than 1 year after the date of enactment of this Act, the Commission shall complete the rule making to which the Spectrum Frontiers proceeding relates.

SEC. 5. Expanding access to commercial spectrum.

(a) FCC responsibilities.The Commission, in consultation with the NTIA, shall —

   (1) not later than December 31, 2018, complete a system of competitive bidding to grant new licenses for the use of spectrum in frequencies between 3,550 megahertz and 3,650 megahertz;

   (2) not later than December 31, 2019, complete a system of competitive bidding for the use of spectrum in frequencies between

      (A) 27,500 megahertz and 28,350 megahertz, consistent with the spectrum sharing framework adopted for that frequency band as part of the Spectrum Frontiers proceeding;

      (B) 37,000 megahertz and 38,600 megahertz; and

      (C) 38,600 megahertz and 40,000 megahertz; and

   (3) not later than December 31, 2020, complete a system of competitive bidding for the use of spectrum in frequencies between—

      (A) 24,250 megahertz and 24,450 megahertz;

      (B) 25,050 megahertz and 25,250 megahertz;

      (C) 31,800 megahertz and 33,400 megahertz;

      (D) 42,000 megahertz and 42,500 megahertz;

      (E) 47,200 megahertz and 48,200 megahertz; and

      (F) 50,400 megahertz and 52,600 megahertz.

(b) Identifying frequencies between 7,125 megahertz and 8,400 megahertz To be utilized for unlicensed purposes.

   (1) IN GENERAL. — Not later than 1 year after the date of enactment of this Act, the Commission, in consultation with the NTIA, shall identify any frequency between 7,125 megahertz and 8,400 megahertz with respect to which there is the potential for unlicensed use without causing harmful interference with incumbents.

   (2) RULE MAKING.—If the Commission, in consultation with the NTIA, makes an identification described in paragraph (1), the Commission shall consider initiating a rule making with respect to the unlicensed use described in that paragraph.

(c) Report on reallocation of certain incumbent Federal stations.

   (1) IN GENERAL. — Not later than December 31, 2020, the NTIA, in consultation with the Director of the Office of Management and Budget, 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 1,300 megahertz and 1,350 megahertz and between 1,780 megahertz and 1,830 megahertz in order to facilitate the reallocation of such spectrum from Federal to non-Federal use.

   (2) TIMING. — The relocation described in paragraph (1) with respect to the frequencies between 1780 megahertz and 1830 megahertz shall take place not earlier than 2023.

(d) Amendments to the Spectrum Pipeline Act of 2015.
Section 1004 of the Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note) is amended—

   (1) in subsection (a), by striking “30 megahertz” and inserting “100 megahertz”; and

   (2) in subsection (c)(1)(B), by striking “July 1, 2024” and inserting “July 1, 2023”.

SEC. 6. Modernizing mid-band spectrum.

(a) In general.

   (1) SPECTRUM IDENTIFICATION. — Not later than December 31, 2019, the Commission, in consultation with the NTIA, shall identify 500 megahertz of additional spectrum in the frequencies between 3,700 megahertz and 4,200 megahertz to make available for commercial licensed use.

   (2) SPECTRUM AUCTION. — Not later than December 31, 2022, the Commission shall complete a system of competitive bidding for the use of spectrum identified under paragraph (1).

(b) Rule making on the unlicensed use of the frequency band between 5,925 megahertz and 7,125 megahertz. — Not later than 180 days after the date of enactment of this Act, the Commission, in consultation with the NTIA, shall issue a notice of proposed rule making with respect to creating opportunities for the unlicensed use of spectrum in the frequencies between 5,925 and 7,125 megahertz without causing harmful interference with any incumbents in that band.

SEC. 7. Rural set-aside.

(a) In general. — Notwithstanding section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)), the Commission shall allocate 10 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 service.

[S4WT Comment: funds must be specified as "technology-neutral"** for the deployment of either Wireline or Wireless infrastructure.]

(b) Limitations. — No amounts allocated under subsection (a) 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 made, including any program established under section 254 of the Communications Act of 1934 (47 U.S.C. 254).

SEC. 8. Special rules.

With respect to any frequency band described in this Act, if the relocation of an incumbent from that frequency band to another equivalent frequency band (referred to in this section as the “destination band”) is not possible, and if the Commission determines that no mitigation technology, alternative sharing approach, or incentives-based approach would reliably prevent harmful interference to licensees, the Commission —

   (1) shall provide notification of that determination to the appropriate committees of Congress and the NTIA; and

   (2) may not proceed with any action, including relocating incumbents from the destination band or permitting new entrants into the destination band, 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 band.

SEC. 9. Commission study on enhancing the benefits of unlicensed spectrum for rural communities.

(a) In general. — Not later than 1 year after the date of enactment of this Act, the Commission shall conduct, and submit to the appropriate committees of Congress the results of, a study regarding how unlicensed spectrum can be further utilized to assist in —

   (1) the provision of healthcare in rural areas;

   (2) distance learning; and

   (3) facilitating innovations in agriculture.

(b) Recommendations. — The results of the study submitted under subsection (a) shall include recommendations regarding —

   (1) overcoming barriers to the use of unlicensed spectrum for the purposes described in that subsection; and

   (2) how to further utilize unlicensed spectrum to meet the needs of rural communities with respect to broadband Internet access service.

SEC. 10. GAO study on Spectrum Relocation Fund allocations.

Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall conduct, and submit to the appropriate committees of Congress the results of, 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 frequencies.

SEC. 11. Rules of construction.

(a) Frequency ranges. — Any frequency range described in this Act shall be construed as including the upper and lower frequency in the frequency range.

(b) Assessment of electromagnetic spectrum reallocation. — Nothing in this Act may be construed as affecting any requirement under section 156 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921).