A Summary of Spectrum Bills in the 112th Congress

In a the past few weeks both the House Democrats and Republicans have released discussion drafts of bills to deal with the issue of spectrum reform. In addition to those versions, there are two other proposed spectrum bills that are currently on the books this Congressional session. All four bills address the issue of allocating spectrum to create a national public safety broadband network, freeing up additional spectrum to conduct more auctions, and designating portions of spectrum for unlicensed use. BRIEF SUMMARY This document is to provide a brief summary of the different versions of proposed spectrum legislation with a focus on the key issues that have been the focus of Congressional discussion: Public Safety Broadband Network | Incentive Auctions | Unlicensed Spectrum | Federal Government Spectrum S.911 (May 9) Public Safety Broadband Network Allocates D-block to public safety House Republican Draft (July 13) Different; assigns each state with an exclusive use license for spectrum in the 763 768 MHz and 793 798 MHz bands Different; establishes a public safety planning board No H.R. 2482 (Dingell/Greene) (July 11) Same House Democrat Draft (July 14) Same Reid Amendment to Debt Bill Same

Creates a nonprofit corporation (sole Dblock licensee) to be manage deployment of network Enables FCC to adopt rules to improve ability roam on commercial networks for reasonable compensation Establishes a $250M state and local grant program Allows licensees to

Same

Same

Same

Same

Same Yes, FCC may encourage

Same Same

Yes, but FCC must adopt rules that require commercial providers to offer roaming to public safety Same Same

No

No Same

Incentive

A Summary of Spectrum Bills in the 112th Congress

Auctions give up their spectrum rights in exchange for a portion of proceeds from auction No a licensee to give up spectrum rights in exchange for proceeds FCC must conduct a reverse auction to determine the amount of compensation a licensee would require to give up spectrum Identity of any licensee that participates in the reverse auction must be made confidential Same Same Same Same

No

No

No

No

No

No

Gives FCC authority to reassign TV broadcast spectrum licensees for the purpose of the auction and then reimburse licensee for costs (along with making reasonable efforts to preserve coverage area and limit interference) No

Same

Same

Same

No

Gives broadcast TV licensees or MVPDs that have been affected the option of requesting a waiver of application of any legal provision or regulation administered by FCC in lieu of reimbursement FCC may conduct a

No

No

No

No

No

No

A Summary of Spectrum Bills in the 112th Congress

forward auction to assign licensees for the spectrum offered up in any accepted reverse auction bids Requires the FCC to set a reserve price to ensure auction proceeds would yield profit Auction results will be void if the proceeds are not at least equal to the reserve price No Different; spectrum can only be allocated for unlicensed use by the FCC through a competitive auction where the aggregate of bids for unlicensed use exceeds the highest bid for licensed use of the same spectrum

No

No

No

No

No

No

No

No

No Unlicensed spectrum Licensees can give up spectrum to have it designated for unlicensed use

No Same

No Different; after 84MHz of TV spectrum has been assigned through the auction then the FCC may give a portion of the proceeds to other licensees to ensure availability of unlicensed spectrum Same

Caps incentive auction relocation fund to $1B Different; if at least 90 MHz of spectrum is auctioned off then 6 can be made available for unlicensed use

Modify part 15, title 47 of Code of Federal Regulations to allow unlicensed devices intended for indoor use to operate in 5350 5470 MHz band

No

Same

No

A Summary of Spectrum Bills in the 112th Congress

NTIA to study sharing technologies and the potential risk to Federal users if unlicensed UNII devices were allowed to operate in 5350 5470 band FCC to do a study on the status of development of any spectrum designated as unlicensed five years after enactment No No Same Same No

No

Same

No

No

Federal Requires Commerce Government department to Spectrum reallocate at least 15 MHz of contiguous spectrum in 1675 1710 MHz band FCC must reallocate covered spectrum (3550 3650 MHz) for auction Requires a biennial inventory of federal agency spectrum use

FCC must create a database to coordinate device use of any spectrum designated for unlicensed use No

No

No

No

Same

No

Same

Same; along with requirement for 25MHz of contiguous spectrum in 1755 1850 MHz band Same

Same; along with requirement for 25MHz of contiguous spectrum in 1755 1850 MHz band Same

No

Same

Different; requires an inventory of each radio spectrum band listed in the Table of Frequency Allocations

Different; NTIA must report on its plan to implement the recommendations contained in the Presidents Memorandum on

A Summary of Spectrum Bills in the 112th Congress

Improving Spectrum Management for the 21st Century No

No

No

NTIA must withdraw any portion of spectrum designed by this act from a Federal entity NTIA must establish a database to coordinate spectrum sharing between Federal and non-Federal entities

No

No

No

No

No

A Summary of Spectrum Bills in the 112th Congress

EXPANDED SUMMARY AND COMPARISONS Establishing a Public Safety Broadband Network | Incentive Auctions | Incentive Auction Proceeds | Federal Government Spectrum | Unlicensed Spectrum | Research & Development | Miscellaneous Establishing a Public Safety Broadband Network S. 911/Public Safety and Wireless Innovation Act John D. Rockefeller (D-WV) & Kay Bailey Hutchison (RTX) Requires FCC to allocate the D-block spectrum to public safety entities FCC may also allow public safety use of narrowband spectrum Creates a non-governmental nonprofit corporation to handle public safety spectrum called the Public Safety Broadband Corporation Initial 10 year renewable license for D-block and existing public safety spectrum must be granted to the Public Safety Broadband Corporation Corporation to be managed by a board consisting of 4 federal agency heads including Commerce Secretary and Homeland Security and 11 non-federal individuals (representing state and local interests and with public safety expertise) to be appointed by Commerce Secretary. The Corporation is tasked with the following: - Ensure national standards for use of the network - Issue RFPs for private sector proposals to build and operate the network - Encourage proposals that use existing wireless infrastructure to speed up deployment - Contract to enable public safety roaming and prioritization on commercial networks FCC can adopt rules to help facilitate public safety roaming onto commercial networks under these conditions: - Compatible technology - Reasonable compensation; and - access wont degrade the quality of communications GSA needs to establish rules to allow public safety entities licensed to have access to Federal infrastructure appropriate for helping to build the public safety network Network Funding NTIA is authorized to issue loans to the Corporation Corporation can collect fees for using or accessing the network (including public safety entities) Establishes a $250M state and local implementation grant program to assist with using and integrating with the public safety -State and local entities must match at least 20% of any Federal funding used FCC must assign to each State (or an Indian tribe) a license for the exclusive use (within their state) of the portion of the spectrum between the frequencies from 763 to 768 MHz and from 793 to 798 MHz - A public safety broadband network operating in this portion of the spectrum may continue under a special temporary authority 6 FCC may not permit the public safety spectrum to continue to be used by a narrowband land mobile radio system Develop a plan for reallocating spectrum between the frequencies from 768 - 775 MHz and from

House Republican Spectrum Bill Discussion Draft Spectrum Innovation Act of 2011

A Summary of Spectrum Bills in the 112th Congress

H.R. 2482 / Public Safety Spectrum and Wireless Innovation Act (Dingell/Green) FCC should reallocate the 700 MHz D block spectrum for use by public safety entities FCC may also allow public safety use of narrowband spectrum Creates a non-governmental nonprofit corporation to handle public safety spectrum called the Public Safety Broadband Corporation Initial 10 year renewable license for D-block and existing public safety spectrum must be granted to the Public Safety Broadband Corporation Corporation to be managed by a board consisting of 4 federal agency heads including Commerce Secretary and Homeland Security and 11 non-federal individuals (representing state and local interests and with public safety expertise) to be appointed by to Commerce Secretary. The Corporation is non-political and prohibited from contributing to campaigns or lobbying the government The Corporation is tasked with the following: - Ensure national standards for use of the network - Issue RFPs for private sector proposals to build and operate the network - Encourage proposals that use existing wireless infrastructure to speed up deployment - Contract to enable public safety roaming and prioritization on commercial networks Develop a list of certified devices and protocols for entities and vendors interested in using the public safety network FCC can adopt rules to help facilitate public safety roaming onto commercial networks under these conditions - Compatible technology - Reasonable compensation; and - access wont degrade the quality of communications Develop an evaluation framework that takes into consideration the public safety network attributes identified in a report completed by the Visiting Committee on Advanced Technology of NIST. - The framework will evaluate for each public safety attribute the marginal cost in developing and deploying the network, the benefit to the network, and the economic feasibility of requiring that each attribute be required as part of the network. FCC should reallocate the 700 MHz D-block spectrum for use by public safety entities Establishes a private, nonprofit corporation called the Public Safety Broadband Network Corporation to be managed by a board of 15 members: 4 federal, 7 non-federal public sector and 4 private sector members Establish and staff a Program Management Office within the Corporation that will be responsible for the day-to-day management of the public safety broadband network, including ensuring uniformity of deployments and upgrades to preserve nationwide interoperability Assigns a single license for the public safety and guardband spectrum to a Public Safety Broadband reallocate the 700 MHz D-block spectrum for use a public safety entities FCC shouldNetwork Corporation to ensure the construction of bypublic safety broadband network - Establishesyear renewable license for D-block and existing public safety spectrum must be granted Initial 10 a private, nonprofit corporation called the Public Safety Broadband Network to the Corporation Corporation to be managed by a board of 15 members: 4 federal, 7 non-federal public sector and 4 7 FCC cannot renew any narrowband license unless the licensee shows that failure to renew would private sector members cause economic hardship or adversely impact the ability to provide public that willservices Establish and staff a Program Management Office within the Corporation safety be responsible for FCC must complete an inventory ofpublic safety broadband network, including ensuring uniformity the day-to-day management of the all state use of narrowband spectrum

House Democrat Spectrum Bill Discussion Draft Public Safety Broadband and Wireless Innovation Act of 2011

House Democrat Spectrum Bill Discussion Draft Public Safety Broadband and Wireless Innovation Act of 2011

A Summary of Spectrum Bills in the 112th Congress

Reid Amendment to Debt Bill Spectrum Section FCC shall reallocate the 700 MHz D block spectrum for use by public safety use Narrowband spectrum may be used in a flexible manner, including usage for public safety broadband communications subject to any technical and interference protection measures required by the FCC Establishes a Public Safety Trust Fund to hold the proceeds of the auction - $7B is appropriated to be given to the Public Safety Broadband Corporation for establishment of a national broadband public safety network upon submission by the Corporation of a plan for use of the funds $300 M appropriated to NIST to carry out a research program on public safety wireless communications GSA shall establish rules to allow public safety entities licensed to use spectrum allocated to the Public Safety Broadband Corporation and other non-Federal users of the spectrum to have access to those components of Federal infrastructure appropriate for the construction and maintenance of the nationwide public safety interoperable broadband network FCC to do a study on the spectrum allocated for public safety use including how it is being used, recommendations on how it can be used more efficiently as well as assess the feasibility of public safety entities relocating from other bands to the public safety broadband spectrum; and assess whether any of this spectrum could be returned for reassignment through auction H.R. 2482 / Public Safety Spectrum and Wireless Innovation Act Rep. John Dingell (DMI) & Rep. Gene Green (D-TX) Licensees may voluntarily give up all or a portion of their licensed spectrum rights to allow for assignment of new licenses for competitive auction or designation for House Democrat Spectrum Bill Discussion Draft Public Safety Broadband and Wireless Innovation Act of 2011 Licensees may voluntarily relinquish spectrum rights to allow for the assignment of new initial licenses through a competitive auction process where the licensee will get some Reid Amendment to Debt Bill Spectrum Section

Competitive/Incentive Auctions S. 911/Public Safety House Republican and Wireless Spectrum Bill Innovation Act Discussion Draft John D. Rockefeller (DSpectrum Innovation Act WV) & Kay Bailey of 2011 Hutchison (R-TX) Rep. Greg Walden (ROR) Licensees may FCC will grant licenses voluntarily give up all or for the use of or allocate a portion of their unlicensed spectrum use licensed spectrum through a competitive rights to allow auction assignment of new Relevant spectrum for this auction are: licenses for competitive auction or designation - between 1915 MHz and for unlicensed use 1920 MHz and between

(222) Licensees may voluntarily give up all or a portion of their licensed spectrum rights to allow assignment of new licenses for competitive auction or designation for

A Summary of Spectrum Bills in the 112th Congress

- Licensee will get a portion of the proceeds that the FCC determines are a direct result of the relinquished spectrum In general, FCC may not take any broadcast spectrum unless given voluntarily.... - Except, if it needs to reclaim spectrum licensed to a television broadcast station licensee for the purposes of providing spectrum to carry out an incentive auction and - It must assign an identical amount of contiguous spectrum, located between channels 14 and 50, in the same geographic market FCC may not involuntarily co-locate multiple television broadcast station licensees on the same channel; and TV broadcast stations required to be carried that voluntarily elect to share a channel will 2020 MHz and 2025 MHz (AWS-2 H Block) - between 1755 MHz and 1780 MHz and between 2155 MHz and 2180 MHz (AWS-3 band) - between 5350 MHz and 5470 MHz and between 5850 MHz and 5925 MHz - between 1670 MHz and 1710 MHz and between 2070 MHz and 2110 MHz - between 1780 MHz and 1800 MHz and between 2180 MHz and 2200 MHz FCC may encourage a licensee to voluntarily give up some or all of its spectrum in return for a portion of the proceeds from auctioning and relicensing it Reverse Auctions FCC may not enter into a relinquishment agreement unless - A reverse auction is conducted to gauge the amount of compensation a licensee would require in order to voluntarily release some of their spectrum or move to a different spectrum assignment - There must be at least unlicensed use Licensee will get a portion of the proceeds that the FCC determines are a direct result of the relinquished spectrum as long as television broadcast stations that are required to be carried that volunteer to share a channel retain the rights to carriage In general, FCC may not take any broadcast spectrum for an incentive auction that is not given voluntarily - FCC also cannot modify or revoke a license solely to induce a licensee to participate in an incentive auction Repacking is permitted; FCC may reassign the frequency which a television broadcast station licensee is licensed to use IF... - the reassignment consists of a 6 MHz channel, located - proceeds equal to the value of the amount of spectrum that was released FCC may create a framework to make available portions of the TV broadcast spectrum and require full-power station licensees and other licensees, to relocate to another portion of the television broadcast spectrum Any effort to reclaim spectrum from a TV broadcast licensee for the auction must be voluntary EXCEPT FCC may reclaim TV broadcast spectrum for the purposes of an incentive auction if it assigns to such licensee the rights to use an identical amount of contiguous spectrum, in the same geographic market If spectrum is reclaimed, the FCC must make reasonable efforts to ensure that reassigned spectrum rights enable a unlicensed use - The FCC will give that licensee a portion of the proceeds from a competitive auction that the FCC determines, in its discretion, are a direct result of the the relinquished spectrum FCC may modify the spectrum rights of incumbent licensee's in order to reassign spectrum to TV broadcast station licensees or allocating spectrum for unlicensed use for the purpose of conducting the auction Establish an Incentive Auction Relocation Fund to cover the reasonable costs of licensees that were impacted by having to relocate or accommodate reassigned stations FCC has authority to make available

A Summary of Spectrum Bills in the 112th Congress

retain the rights to carriage If modification of existing spectrum rights is necessary to complete auction the FCC must give the licensee a portion of the proceeds for the purpose of relocating - Reasonable efforts must be made to preserve the licensee's population coverage and avoid any increase in the licensee's interference; also - Reasonable efforts must also be made to allow licensees assigned to broadcast channels 2 through 6 to relocate to UHF channels and allow low power licensees to move to VHF if they are affected Establishes an Incentive Auction Relocation Fund to cover the reasonable costs of television broadcast stations that are relocated to a one participant in the reverse auction Only the following things are considered relinquishment - Giving up all usage rights with respect to a certain channel without getting new rights for another channel - Relinquishing all rights with respect to a UHF channel in return for rights to a VHF channel - Relinquishing usage rights in order to share a channel with another licensee - Any other voluntary relinquishment of rights that the FCC determines is in the interest of the auction FCC must evaluate the results of the reverse auction to determine the amount of compensation that achieves the proper balance between the value of the spectrum and the amount that the FCC must pay in order for the licensees to relinquish such rights FCC can only accept bids that are lower than between channels licensee to offer 14 and 50, service that is inclusive, in the substantially similar in same geographic service contour and market and with the amount of harmful same city of license, interference to each such A VHF TV broadcast licensee licensee shall be allowed to use a - preserves the portion of spectrum in licensees signal the UHF band power level, FCC may also modify transmission a broadcast stations architecture, and spectrum rights for the interference levels purposes of the Generally, low power auction and then TV licensees' spectrum disburse to such may not be reclaimed licensee a portion unless it gets a channel proceeds to with similar population compensate for the coverage in the UHF loss in rights region - However, if the FCC - However, reasonable efforts must be made or the licensee to preserve the cannot locate a amount of population suitable channel coverage and avoid within the UHF band any substantial then the FCC can increase in either collocate interference multiple low-power licensees in a UHF channel or assign a low power television licensee a full VHF channel between 7 and 13, inclusive (as a last option) spectrum licenses on frequencies between 2000 and 2020 MHz and 2180 and 2200 MHz for terrestrial broadband use until 2021 Not more than $1B will be assigned to the Incentive Auction Relocation Fund

10

A Summary of Spectrum Bills in the 112th Congress

different spectrum channel or geographic location following an incentive auction or stations that are impacted by such an auction; or MVPD cost incurred from carriage of relocated or shared channels or equal to the determined value of compensation and all reverse auction bids are binding on the licensee FCC has the authority to reassign television broadcast spectrum licensees for the purpose of conducting the auction as long as the costs reasonably incurred by the licensee are reimbursed - However, reasonable efforts must be made to preserve viewer access to over the air broadcast signals and to ensure that station service and population coverage are maintained - FCC cannot reassign a licensee to move from UHF to VHF channel broadcast TV license or MVPD have the option of requesting a waiver or modification of application of any provision of law or regulation administered by the FCC or instead of reimbursement for relocation May not require any TV station licensee to collocate its facilities with that of another television broadcast station licensee in order to transmit on the same frequency.

11

A Summary of Spectrum Bills in the 112th Congress

Forward auction FCC may conduct a forward auction to assign licenses for the use of or allocate for unlicensed use any reassigned spectrum FCC must share with any bidder (licensee) from the reverse auction a portion of the proceeds that is equal to the value of their bid A reserve price must be set that is necessary to ensure the proceeds of the auction are greater than the sum of - the total amount of bids accepted in a reverse auction - costs of conducting the forward auction - estimated costs for which the FCC is required to make reimbursements Incentive Auction Proceeds S. 911/Public Safety House Republican and Wireless Spectrum Bill Innovation Act Discussion Draft John D. Rockefeller (DSpectrum Innovation WV) & Kay Bailey Act of 2011 Hutchison (R-TX) Rep. Greg Walden (ROR)

H.R. 2482 / Public Safety Spectrum and Wireless Innovation Act Rep. John Dingell (D-MI) & Rep. Gene Green (DTX)

House Democrat Spectrum Bill Discussion Draft Public Safety Broadband and Wireless Innovation Act of 2011

Reid Amendment to Debt Bill Spectrum Section

12

A Summary of Spectrum Bills in the 112th Congress

Public Safety Trust Fund All proceeds from the auctions will be deposited in this fund (these funds are available until the end of FY 2016 This fund will be used to make any required disbursals for licensees in the incentive auction - FCC in consultation with OMB must develop the method for calculating disbursals, which must consider the value of the spectrum voluntarily relinquished in its current use and the timeliness with which the licensee will clear its use of such spectrum. - At least 5% but no more than $1B should be allocated for Incentive Auction relocation fund $250M will go to the State and Local implementation fund $11.75B must deposited with the Public Safety Broadband Corporation Insufficient proceeds If the auction proceeds are not greater than or equal to the reserve price then no licenses will be assigned or spectrum allocated for unlicensed use and any reassignments or reallocations from the reverse auction will be void FCC can't revoke any spectrum usage rights based on a reverse auction bid if the proceeds from the forward auction are insufficient FCC may only conduct one reverse auction and one forward auction Public Safety Trust Fund All proceeds from the auctions will be deposited in this fund (these funds are available until the end of FY 2021 This fund will be used to make any required disbursals for licensees in the incentive auction - FCC in consultation with OMB must develop the method for calculating disbursals, which must consider the value of the spectrum voluntarily relinquished in its current use and the timeliness with which the licensee will clear its use of such spectrum. - At least 5% but no more than $1.5B should be allocated for Incentive Auction relocation fund $250M will go to the State and Local implementation fund $11.75B must deposited with the Public Safety Broadband Corporation for the national public safety interoperable broadband network $100M per year for Public Safety Trust Fund All proceeds from the auctions will be deposited in this fund (these funds are available until the end of FY 2016 This fund will be used to make any required disbursals for licensees in the incentive auction - FCC in consultation with OMB must develop the method for calculating disbursals, which must consider the value of the spectrum voluntarily relinquished in its current use and the timeliness with which the licensee will clear its use of such spectrum. - At least 5% but no more than $2B should be allocated for Incentive Auction relocation fund - Amounts in the fund shall be used to make disbursals to ensure that certain portions of the electromagnetic spectrum remain available for unlicensed use $250M will go to the

13

A Summary of Spectrum Bills in the 112th Congress

for the national public safety interoperable broadband network+B6 $100M per year for public safety R&D $130M per year to NSF $70M per year to DARPA to conduct research on Federal wireless communications Any remaining amounts will dedicated solely to deficit reduction public safety R&D $70M to conduct advanced information and technology research Any remaining amounts will dedicated solely to deficit reduction State and Local implementation fund $11B must deposited with the Public Safety Broadband Corporation for the national public safety interoperable broadband network $100M per year for public safety R&D $2M to National Highway Traffic Safety Administration to prepare the report on Next Generation 911 services Any remaining amounts will dedicated solely to deficit reduction

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A Summary of Spectrum Bills in the 112th Congress

Federal Government Spectrum S. 911/Public Safety and Wireless Innovation Act John D. Rockefeller (DWV) & Kay Bailey Hutchison (R-TX) Reallocate at least 15 MHz of contiguous spectrum in the 1675MHz - 1710 MHz band FCC should conduct auctions for the following spectrum: 1915-1920 MHz; 1995 - 2000; 2020 - 2025; 2155 - 2175; 2175 2180; and 1755 - 1850 MHz Reallocate covered spectrum (3550 to 3650 MHz, inclusive, or any amendment identified in the NTIA report) for assignment by competitive bidding UNLESS - It is needed to protect federal systems from interference or allocation of some other spectrum would produce comparable House Republican Spectrum Bill Discussion Draft Spectrum Innovation Act of 2011 Rep. Greg Walden (ROR) Relevant spectrum blocks - 1915 MHz - 1920 MHz and between 2020 MHz 2025 MHz (the AWS-2 H Block). - 1755 MHz - 1780 MHz and between 2155 MHz - 2180 MHz (the AWS-3 band). - 5350 MHz - 5470 MHz and between 5850 MHz - 5925 MHz - Between 1670 MHz 1710 MHz and between 2070 MHz 2110 MHz. - between 1780 MHz 1800 MHz and between 2180 MHz 2200 MHz NTIA must withdraw designated spectrum that is assigned to a H.R. 2482 / Public Safety Spectrum and Wireless Innovation Act Rep. John Dingell (D-MI) & Rep. Gene Green (DTX) Reallocate at least 15 MHz of contiguous spectrum in the 1675MHz - 1710 MHz band FCC should conduct auctions for the following spectrum: 1915-1920 MHz; 1995 - 2000; 2020 - 2025; 2155 - 2175; 2175 2180; and 1755 - 1850 MHz Reallocate covered spectrum (3550 to 3650 MHz, inclusive, or any amendment identified in the NTIA report) for assignment by competitive bidding UNLESS - It is needed to protect federal systems from interference or allocation of some other spectrum would produce comparable House Democrat Spectrum Bill Discussion Draft Public Safety Broadband and Wireless Innovation Act of 2011 Identify for reallocation a minimum of 15 MHz of contiguous spectrum at frequencies located from 1675 MHz to 1710 MHz and 25 MHz of contiguous spectrum at frequencies located from 1755 MHz to 1850 MHz If the President determines that this spectrum can't be reallocated because of the need to protect incumbent Federal operations from interference then he must identify alternate spectrum for reallocation that can produce comparable auction receipts FCC must find at Reid Amendment to Debt Bill Spectrum Section

Any federal entity that that operates a Federal Government station authorized to use the specified frequency bands and incurs costs because of the auction or the reallocation of spectrum frequencies from Federal use to exclusive non-Federal use, or shared Federal and non-Federal use will receive payment for such costs A Federal entity is permitted to allow access to its frequency by a non-Federal entity upon approval by NTIA - Any money gained from the agreement must be deposited into the spectrum reallocation fund - Any costs incurred by the federal agency for

15

A Summary of Spectrum Bills in the 112th Congress

value at auction If covered spectrum can't be auctioned, then President must identify alternative spectrum that is primarily used by a federal agency for auction totaling at least 20 MHz and no more 100 MHz All proceeds of this auction will go to the Public Safety Trust Fund to help fund integration to the public safety broadband network Federal Spectrum Review Required biennial inventory of federal agency spectrum use, from 300 MHz to 3.5 GHz that is managed by each agency Review the process used by federal entities to evaluate their proposed spectrum needs and establish, update, or revise the process as necessary Every 2 years each Federal entity shall Federal entity If Federal use of these bands is necessary for mission critical activities AND that Federal and nonFederal use could be co-located by means of a database then federal use may be permitted NTIA with FCC must establish a database for coordinating Federal and nonFederal use of the spectrum based - NTIA will develop the regulations governing Federal use of this portion of the spectrum and the FCC will develop them for non-Federal users FCC may only auction the portions of Federal spectrum where the Federal entity assignment has been withdrawn or collocation with a nonFederal user is possible - value at auction If covered spectrum can't be auctioned, then President must identify alternative spectrum that is primarily used by a federal agency for auction totaling at least 20 MHz and no more 100 MHz All proceeds of this auction will go to the Public Safety Trust Fund to help fund integration to the public safety broadband network Federal Spectrum Review Required biennial inventory of federal agency spectrum use, from 300 MHz to 3.5 GHz that is managed by each agency Review the process used by federal entities to evaluate their proposed spectrum needs and establish, update, or revise the process as necessary Every 2 years each Federal entity shall minimum an additional 15 MHz of contiguous spectrum FCC shall conduct an auction to assign licenses for the required 30 MHz of spectrum allocation and the frequencies from 2155 MHz to 2180 MHz FCC shall also reallocate other spectrum between the frequencies from 3550 MHz to 3650 MHz for assignment through a competitive auction process or reallocate for unlicensed use Create an inventory of each radio spectrum band of frequencies listed in the United States Table of Frequency Allocations unless they determine that the burden outweighs the benefits Develop a report containing a recommendation of which spectrum, if any, should be reallocated or otherwise made providing this access can be reimbursed through the fund - revenue from providing this access should be at least 110 percent of the estimated Federal costs Establishes a spectrum relocation fund where money in the Fund from auctions of eligible frequencies will be used to pay relocation costs of an eligible Federal entity incurring such costs Money in the Fund that comes from payments by nonFederal access to Federal spectrum will be used to pay the sharing costs No more than $10M can be transferred from the fund to pay for federal entity relocation costs (226) Assistant Secretary shall identify and make available for immediate reallocation or sharing with

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A Summary of Spectrum Bills in the 112th Congress

provide an entityspecific strategic spectrum plan that will be used to develop a Federal Strategic Spectrum Plan that includes information on how federal spectrum is being used and opportunities to increase efficiency of the spectrum use NTIA and FCC in consultation with other Federal, State, local, and tribal governments and commercial spectrum interests will develop a quadrennial National Strategic Spectrum Plan NTIA to conduct a study that identifies spectrum between 225 MHz and 3700 MHz operated or licensed by a Federal entity that is appropriate for sharing with nongovernment entities or non-Federal government entities Develop analytic tools or metrics for the NTIA and Federal entities to measure the spectrum efficiency of Federal provide an entityspecific strategic spectrum plan that will be used to develop a Federal Strategic Spectrum Plan that includes information on how federal spectrum is being used and opportunities to increase efficiency of the spectrum use NTIA and FCC in consultation with other Federal, State, local, and tribal governments and commercial spectrum interests will develop a quadrennial National Strategic Spectrum Plan NTIA to conduct a study that identifies spectrum between 225 MHz and 3700 MHz operated or licensed by a Federal entity that is appropriate for sharing with nongovernment entities or non-Federal government entities Develop analytic tools or metrics for the NTIA and Federal entities to measure the spectrum efficiency of Federal available for shared access Review the process used by federal entities to evaluate their proposed spectrum needs and make recommendations on how to improve such processes Every 2 years each Federal entity shall provide an entityspecific strategic spectrum plan that will be used to develop a Federal Strategic Spectrum Plan that includes information on how federal spectrum is being used and opportunities to increase efficiency of the spectrum use NTIA and FCC in consultation with other Federal, State, local, and tribal governments and commercial spectrum interests will develop a quadrennial National Strategic Spectrum Plan incumbent Government operations, at a minimum, 15 MHz of contiguous spectrum at frequencies located between 1675 megahertz and 1710 megahertz, inclusive FCC must conduct auctions of the following spectrum bands: - 1915 MHz to 1920 MHz - 1995 MHz to 2000 MHz - 2020 MHz to 2025 MHz - 2155 MHz to 2175 MHz - 2175 MHz to 2180 MHz - 25 MHz of spectrum between the frequencies of 1755 MHz - Any federal spectrum identified for reallocation or sharing FCC must reallocate covered spectrum (3550 to 3650 Mhz, inclusive, or any amendment identified

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A Summary of Spectrum Bills in the 112th Congress

spectrum systems used by such entities NTIA should examine its frequency assignment processes and identify best practices to determine how to help entities manage current and future spectrum assignments more efficiently. NTIA should develop a framework to determine the annual economic opportunity cost of each specific spectrum band allotted for Federal entity use spectrum systems used by such entities NTIA should examine its frequency assignment processes and identify best practices to determine how to help entities manage current and future spectrum assignments more efficiently. NTIA should develop a framework to determine the annual economic opportunity cost of each specific spectrum band allotted for Federal entity use FCC to develop a report on the availability of wireless equipment for the 700 MHz spectrum band in the NTIA report) for assignment by competitive bidding UNLESS - needed to protect federal systems from interference or allocation of some other spectrum would produce comp value If covered can't be auctioned, must identify alternative spectrum for auction that is primarily used by a federal agency totaling at least 20 Mhz and no more 100 Mhz (otherwise the covered will still be auctioned) All proceeds of this auction will go to the Public Safety Trust Fund to help fund integration to the public safety network NTIA must submit to Congress a report on its plan to implement the recommendations contained in the Presidents Memorandum on Improving Spectrum Management for 21st Century

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A Summary of Spectrum Bills in the 112th Congress

Unlicensed Spectrum S. 911/Public Safety and Wireless Innovation Act John D. Rockefeller (DWV) & Kay Bailey Hutchison (R-TX)
Licensees may give up

all or part of their spectrum rights to be designated for unlicensed use 84 MHz of spectrum (bands between 54 and72, 76 and 88, 174 and 216, 470 and 698 MHz) will be assigned through a competitive bidding process - If in public interest, portion of proceeds from the auction of these bands may be given to other licensees to ensure unlicensed spectrum remains available. FCC shall also reallocate other spectrum between the frequencies 3550 MHz to 3650 MHz for assignment through a

House Republican H.R. 2482 / Public Spectrum Bill Safety Spectrum and Discussion Draft Wireless Innovation Act Spectrum Innovation Rep. John Dingell (D-MI) Act of 2011 & Rep. Gene Green (DRep. Greg Walden (RTX) OR) FCC will allocate Licensees may unlicensed spectrum voluntarily give up all or use through a a portion of their competitive auction licensed spectrum process rights to allow for Spectrum may only be designation for allocated for unlicensed use unlicensed use if the 84 MHz of spectrum FCC conducts a (bands between 54 competitive auction in and72, 76 and 88, 174 which bids may be and 216, 470 and 698 placed to use the MHz) will be assigned spectrum for through a competitive unlicensed use and to bidding process gain a license for the - If the FCC finds that use of such portion; its in the public - The total bids for interest, a portion of unlicensed use, in the the proceeds may be aggregate, must given to other exceed the highest licensees to ensure bid for license of the unlicensed spectrum same spectrum remains available FCC must establish Report required five and maintain a years after enactment database to coordinate of this act about the any portion the status of development

House Democrat Spectrum Bill Discussion Draft Public Safety Broadband and Wireless Innovation Act of 2011 After 84 MHz of TV spectrum has been assigned through a competitive auction, FCC may disburse a portion of the proceeds of such bidding to other licensees for the purpose of ensuring that portions of the television broadcast spectrum remain available for unlicensed use FCC shall also reallocate other spectrum between the frequencies from 3550 MHz to 3650 MHz for assignment through a competitive auction process or reallocate for unlicensed use
FCC shall modify part

Harry Reid Amendment to Debt Bill Spectrum Section

With respect to

15 of title 47, Code of

frequency bands between 54 and 72 MHz, 76 and 88 MHz, 174 and 216 MHz, 470 and 698 MHz, 84 MHz shall be assigned via a competitive bidding process until the winning bidders for licenses covering 90 MHz from the specified bands deposit the full amount of their bids - if more than 90 MHz of spectrum from the specified bands is made available for alternative use and such spectrum is assigned via

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A Summary of Spectrum Bills in the 112th Congress

competitive auction process or reallocate for unlicensed use FCC shall modify part 15 of title 47, Code of Federal Regulations, to allow unlicensed devices intended for indoor use to operate in the 53505470 MHz band. Should be done only if 1) FCC finds that technical solutions will protect licensed users; and 2)primary mission of licensed users in this band will not be negatively affected NTIA will conduct a study evaluating known and proposed sharing technologies and the risk to Federal users if unlicensed UNII devices were allowed to operate indoors in the 53505470 MHz band FCC to do a study on the status of development of any spectrum designated as unlicensed five years after enactment spectrum that is allocated for unlicensed use through the auction - Any device intending to use the unlicensed portion must coordinate it use with other such devices through the database if the device is shipped in interstate commerce or manufactured in the United States, for sale or resale to the public. of any spectrum designated as unlicensed spectrum FCC shall modify part 15 of title 47, Code of Federal Regulations, to allow unlicensed devices intended and marketed for indoor use to operate in the 53505470 MHz band. Should be done only if 1) FCC finds that technical solutions will protect licensed users; and 2) primary mission of the licensed users in this band will not be negatively affected NTIA will conduct a study evaluating known and proposed sharing technologies and the risk to Federal users if unlicensed UNII devices were allowed to operate indoors in the 53505470 MHz band FCC to do a study on the status of development of any spectrum designated as unlicensed five years after enactment Federal Regulations, to allow unlicensed devices intended and marketed for indoor use to operate in the 53505470 MHz band. - This should be only if 1)the FCC finds that technical solutions will protect licensed users; and 2) the primary mission of the licensed users in this band will not be negatively affected NTIA will conduct a study evaluating known and proposed sharing technologies and the risk to Federal users if unlicensed U NII devices were allowed to operate indoors in the 5350 5470 MHz band competitive bidding, a portion of the proceeds may be disbursed to licensees of other frequency bands for the purpose of making additional spectrum available. FCC along with OMB must develop the methodology for calculating such payments to licensees at least 3 months in advance of the relevant auction, and that such methodology consider the value of the spectrum

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A Summary of Spectrum Bills in the 112th Congress

Spectrum-based research and development efforts S. 911/Public Safety and Wireless Innovation Act John D. Rockefeller (D-WV) & Kay Bailey Hutchison (R-TX)
FCC must conduct a study

on the spectrum used by public safety licensees or for public safety services including an inventory of spectrum assigned to public safety assess how spectrum is being used and if it is adequate whether there is opportunity for any of the spectrum to be returned for auction to commercial providers Satellite Broadband Report to study the current and future capabilities of fixed and mobile satellite broadband to assist public safety entities during an emergency

House Republican Spectrum Bill Discussion Draft Spectrum Innovation Act of 2011 Rep. Greg Walden (R- OR) OEC must complete a study on the uses and capabilities of amateur radio service communications in emergencies and disaster relief - The study should review the importance of amateur radio n emergencies, identify any impediments to amateur radio use and provide recommendations. OEC must complete a study on the uses and capabilities of amateur radio service communications in emergencies and disaster relief

H.R. 2482 / Public Safety Spectrum and Wireless Innovation Act Rep. John Dingell (D-MI) & Rep. Gene Green (D-TX) NIST will conduct R &D for standards, technologies, and applications to advance wireless public safety communications FCC to conduct a study on the spectrum used by public safety licensees or for public safety services including an inventory of spectrum assigned to public safety, the amount of spectrum, number of licensees - assess if spectrum is adequate to meet the current and further needs for public safety services and whether there is opportunity for any of the spectrum to be returned for auction to commercial providers US Comptroller General to conduct a study on the current and future capabilities of fixed and mobile satellite broadband to assist public safety entities during an emergency

House Democrat Spectrum Bill Discussion Draft Public Safety Broadband and Wireless Innovation Act of 2011
FCC will conduct a study on

the spectrum allocated for public safety use including how it is being used, recommendations on how it can be used more efficiently as well as assess the feasibility of public safety entities relocating from other bands to the public safety broadband spectrum; and assess whether any of this spectrum could be returned for reassignment through auction NIST to conduct research and assist with the development of standards, technologies, and applications to advance wireless public safety communications

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A Summary of Spectrum Bills in the 112th Congress

Miscellaneous Items S. 911/Public Safety and Wireless Innovation Act John D. Rockefeller (DWV) & Kay Bailey Hutchison (R-TX) Within 2 years, the FCC must conduct rulemaking proceeding to determine how to further promote a more robust secondary spectrum market. - FCC should consider the feasibility and value of establishing a national database to collect and disseminate information on secondary spectrum market opportunities Experimental licenses: revise part 5 of chapter I of title 47, Code of Federal Regulations to promote experimentation and broaden opportunities for market trial - Establish a process by which qualified House Republican Spectrum Bill Discussion Draft Spectrum Innovation Act of 2011 Rep. Greg Walden (ROR) Wireless Facilities Deployment A state or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower that does not substantially change the physical dimensions of such tower An executive agency has the right to grant an application for easement or right-ofway to, in, over, or on a building or other property owned by the Federal Government for the right to install, construct, and maintain wireless service antenna structures and H.R. 2482 / Public Safety Spectrum and Wireless Innovation Act Rep. John Dingell (D-MI) & Rep. Gene Green (DTX) House Democrat Spectrum Bill Discussion Draft Public Safety Broadband and Wireless Innovation Act of 2011 Within 2 years, the FCC Wireless Facilities must conduct Deployment rulemaking proceeding A state or local to determine how to government may not further pro mote a more deny, and shall robust secondary approve, any eligible spectrum market. facilities request for a - FCC should consider modification of an the feasibility and value of existing wireless tower establishing a national that does not database to collect and substantially change disseminate information the physical on secondary spectrum dimensions of such market opportunities tower An executive agency (513) Experimental has the right to grant licenses: revise part 5 of an application for chapter I of title 47, Code easement or right-ofof Federal Regulations to way to, in, over, or on promote experimentation a building or other and broaden property owned by the opportunities for market Federal Government trial for the right to install, - establish a process by construct, and maintain which qualified entities wireless service will be permitted to use a antenna structures and Reid Amendment to Debt Bill Spectrum Section

(225) FCC shall use competitive bidding to assign any license, construction permit, or modification that may be used solely or predominantly for domestic satellite communications services - An alternative means of assignment may be used if the FCC finds that it is in the public interest to do so

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A Summary of Spectrum Bills in the 112th Congress

entities will be permitted to use a broad range of radio frequencies for research and experimentation on a non-interference basis without having to obtain prior FCC approval for the use of specific frequencies. Wireless Facilities Deployment A state or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower that does not substantially change the physical dimensions of such tower An executive agency has the right to grant an application for easement or right-of-way to, in, over, or on a building or other property owned by the Federal Government for the right to install, construct, and maintain wireless service antenna structures and equipment, and backhaul transmission equipment (if requested by an executive agency, a State, a political subdivision or agency of a State, or a person, firm, or organization) - The General Services Administrator must develop a common form for applications for easements and rights-ofway for all executive agencies to be used by applicants with respect to the buildings or other property of each such agency and will establish a fee for the granting of the easement The General services administrator must develop a master contract to govern the placement of wireless service antenna structures on buildings and other property owned by the Federal Government; and standardize the treatment of the placement of wireless broad range of radio frequencies for research and experimentation on a non-interference basis without having to obtain prior FCC approval for the use of specific frequencies. Wireless Facilities Deployment A state or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower that does not substantially change the physical dimensions of such tower An executive agency has the right to grant an application for easement or right-ofway to, in, over, or on a building or other property owned by the Federal Government for the right to install, construct, and maintain wireless service antenna structures and equipment, and backhaul transmission equipment, and backhaul transmission equipment (if requested by an executive agency, a State, a political subdivision or agency of a State, or a person, firm, or organization) - The General Services Administrator must develop a common form for applications for easements and rights-ofway for all executive agencies to be used by applicants with respect to the buildings or other property of each such agency and will establish a fee for the granting of the easement - Fee amount may be waived in consideration of the public benefit provided by granting the right and in the interest of expanding wireless and broadband coverage. The General services administrator must develop a master contract to govern the placement of wireless service antenna

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A Summary of Spectrum Bills in the 112th Congress

equipment, and backhaul transmission equipment (if requested by an executive agency, a State, a political subdivision or agency of a State, or a person, firm, or organization) - The General Services Administrator must develop a common form for applications for easements and rights-ofway for all executive agencies to be used by applicants with respect to the buildings or other property of each such agency and will establish a fee for the granting of the easement - Fee amount may be waived in consideration of the public benefit provided by granting the right and in the interest of expanding wireless and broadband coverage. The General services administrator must develop a master contract to govern the placement of wireless service antenna structures on buildings and other property owned by the service antenna structures on building rooftops or facades, the placement of wireless service antenna equipment on rooftops or inside buildings, the technology used in connection with wireless service antenna structures or equipment placed on Federal buildings and property equipment (if requested structures on buildings by an executive and other property agency, a State, a owned by the Federal political subdivision or Government; and agency of a State, or a Developing the master person, firm, or contract or contracts, organization) must standardize the - The General Services treatment of the Administrator must placement of wireless develop a common form service antenna for applications for structures on building easements and rights-ofrooftops or facades, way for all executive the placement of agencies to be used by wireless service applicants with respect to antenna equipment on the buildings or other rooftops or inside property of each such buildings, the agency and will establish technology used in a fee for the granting of connection with the easement wireless service - Fee amount may be antenna structures or waived in consideration of equipment placed on the public benefit Federal buildings and provided by granting the property right and in the interest of expanding wireless and broadband coverage. The General services administrator must develop a master contract to govern the placement of wireless service antenna structures on buildings and other property owned by the Federal Government; and

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A Summary of Spectrum Bills in the 112th Congress

Federal Government; and in developing the master contract or contracts, must standardize the treatment of the placement of wireless service antenna structures on building rooftops or facades, the placement of wireless service antenna equipment on rooftops or inside buildings, the technology used in connection with wireless service antenna structures or equipment placed on Federal buildings and property in developing the master contract or contracts, must standardize the treatment of the placement of wireless service antenna structures on building rooftops or facades, the placement of wireless service antenna equipment on rooftops or inside buildings, the technology used in connection with wireless service antenna structures or equipment placed on Federal buildings and property

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