PK Summary of Spectrum Bills

8/3/2019 PK Summary of Spectrum Bills

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A Summary of Spectrum Bills in the 112 th Congress

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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 thisCongressional 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 issuesthat have been the focus of Congressional discussion:

Public Safety Broadband Network | Incentive Auctions | Unlicensed Spectrum | Federal Government Spectrum

S.911 (May 9) House Republican Draft(July 13)

H.R. 2482(Dingell/Greene)(July 11)

House DemocratDraft (July 14)

Reid Amendmentto Debt Bill

Allocates D-block topublic safety

Different; assigns eachstate with an exclusiveuse license for spectrumin the 763 – 768 MHz and793 – 798 MHz bands

Same Same Same

Creates a nonprofitcorporation (sole D-block licensee) to bemanage deploymentof network

Different; establishes apublic safety planningboard

Same Same Same

Enables FCC to adoptrules to improveability roam oncommercial networksfor reasonablecompensation

No Same Yes, but FCCmust adopt rulesthat requirecommercialproviders to offer roaming to publicsafety

No

PublicSafetyBroadbandNetwork

Establishes a $250Mstate and local grantprogram

Same Same Same No

Incentive Allows licensees to Yes, FCC may encourage Same Same Same






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forward auction to assignlicensees for the spectrumoffered up in any acceptedreverse auction bids

No Requires the FCC to set a

reserve price to ensureauction proceeds wouldyield profit

No No No

No Auction results will be voidif the proceeds are not atleast equal to the reserveprice

No No No

No No No No Caps incentiveauction relocationfund to $1B

Licensees can give upspectrum to have itdesignated for unlicensed use

Different; spectrum canonly be allocated for unlicensed use by theFCC through acompetitive auction wherethe aggregate of bids for unlicensed use exceedsthe highest bid for licensed use of the samespectrum

Same Different; after 84MHz of TVspectrum hasbeen assignedthrough theauction then theFCC may give aportion of theproceeds to other licensees toensure availabilityof unlicensedspectrum

Different; if at least90 MHz of spectrum isauctioned off then6 can be madeavailable for unlicensed use

Unlicensedspectrum

Modify part 15, title 47of Code of FederalRegulations to allowunlicensed devicesintended for indoor useto operate in 5350 –5470 MHz band

No Same Same No




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NTIA to study sharingtechnologies and thepotential risk to Federalusers if unlicensed U-NII devices were

allowed to operate in5350 – 5470 band

No Same Same No

FCC to do a study onthe status of development of anyspectrum designatedas unlicensed fiveyears after enactment

No Same No No

No FCC must create adatabase to coordinatedevice use of anyspectrum designated for unlicensed use

No No No

Requires Commercedepartment toreallocate at least 15MHz of contiguousspectrum in 1675 –1710 MHz band

No Same Same; along withrequirement for 25MHz of contiguousspectrum in 1755

– 1850 MHz band

Same; along withrequirement for 25MHz of contiguousspectrum in 1755

– 1850 MHz bandFCC must reallocatecovered spectrum(3550 – 3650 MHz) for auction

No Same Same Same

FederalGovernmentSpectrum

Requires a biennialinventory of federalagency spectrum use

No Same Different; requiresan inventory of each radiospectrum bandlisted in the Tableof FrequencyAllocations

Different; NTIAmust report on itsplan to implementtherecommendationscontained in the‘‘President’sMemorandum on




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ImprovingSpectrumManagement for the 21st Century’

No NTIA must withdraw any

portion of spectrumdesigned by this act froma Federal entity

No No No

No NTIA must establish adatabase to coordinatespectrum sharing betweenFederal and non-Federalentities

No No No




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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 andWireless Innovation ActJohn D. Rockefeller (D-WV)& Kay Bailey Hutchison (R-TX)

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 localinterests 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 theseconditions:- Compatible technology- Reasonable compensation; and- access won’t degrade the quality of communications

GSA needs to establish rules to allow public safety entities licensed to have access to Federalinfrastructure 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 andintegrating with the public safety-State and local entities must match at least 20% of any Federal funding used

House RepublicanSpectrum Bill DiscussionDraft

Spectrum Innovation Actof 2011

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 798MHz

- A public safety broadband network operating in this portion of the spectrum may continue under aspecial temporary authority FCC may not permit the public safety spectrum to continue to be used by a narrowband land mobile

radio system




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H.R. 2482 / Public SafetySpectrum and WirelessInnovation 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 localinterests 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 thegovernment

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 thepublic safety network

FCC can adopt rules to help facilitate public safety roaming onto commercial networks under theseconditions

- Compatible technology- Reasonable compensation; and- access won’t 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.

House Democrat SpectrumBill Discussion DraftPublic Safety Broadbandand Wireless InnovationAct of 2011

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 4private 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 uniformityof deployments and upgrades to preserve nationwide interoperability

Assigns a single license for the public safety and guardband spectrum to a Public Safety

House Democrat SpectrumBill Discussion DraftPublic Safety Broadbandand Wireless Innovation

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 4private sector members

Establish and staff a Program Management Office within the Corporation that will be responsible for - -




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Competitive/Incentive AuctionsS. 911/Public Safetyand WirelessInnovation ActJohn D. Rockefeller (D-WV) & Kay BaileyHutchison (R-TX)

House RepublicanSpectrum BillDiscussion DraftSpectrum Innovation Actof 2011Rep. Greg Walden (R-OR)

H.R. 2482 / PublicSafety Spectrum andWireless InnovationActRep. John Dingell (D-MI) & Rep. Gene Green(D-TX)

House DemocratSpectrum BillDiscussion DraftPublic SafetyBroadband andWireless InnovationAct of 2011

Reid Amendment toDebt Bill –Spectrum Section

Licensees mayvoluntarily give up all or a portion of their licensed spectrumrights to allowassignment of newlicenses for competitiveauction or designationfor unlicensed use

FCC will grant licensesfor the use of or allocateunlicensed spectrum usethrough a competitiveauction

Relevant spectrum for this auction are:

- between 1915 MHz and1920 MHz and between

Licensees mayvoluntarily give up allor a portion of their licensed spectrumrights to allow for assignment of newlicenses for competitive auction or designation for

Licensees mayvoluntarily relinquishspectrum rights toallow for theassignment of newinitial licenses througha competitive auctionprocess where thelicensee will get some

▪(§222) Licenseesmay voluntarily giveup all or a portion of their licensedspectrum rights toallow assignment of new licenses for competitive auctionor designation for

Reid Amendment to DebtBill – 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 requiredby 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 anational broadband public safety network upon submission by the Corporation of a plan for useof the funds

$300 M appropriated to NIST to carry out a research program on public safety wirelesscommunications

GSA shall establish rules to allow public safety entities licensed to use spectrum allocated to thePublic Safety Broadband Corporation and other non-Federal users of the spectrum to have accessto 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 assesswhether any of this spectrum could be returned for reassignment through auction




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- Licensee will get aportion of theproceeds that theFCC determines area direct result of the

relinquished spectrum▪In general, FCC may nottake any broadcastspectrum unless givenvoluntarily....- Except, if it needs to

reclaim spectrumlicensed to atelevision broadcaststation licensee for the purposes of

providing spectrum tocarry out an incentiveauction and

- It must assign anidentical amount of contiguous spectrum,located betweenchannels 14 and 50,in the samegeographic market

FCC may not

involuntarily co-locatemultiple televisionbroadcast stationlicensees on the samechannel; and TVbroadcast stationsrequired to be carriedthat voluntarily elect toshare a channel will

2020 MHz and 2025 MHz(AWS-2 H Block)- between 1755 MHz and1780 MHz and between2155 MHz and 2180 MHz

(AWS-3 band)- between 5350 MHz and5470 MHz and between5850 MHz and 5925 MHz- between 1670 MHz and1710 MHz and between2070 MHz and 2110 MHz- between 1780 MHz and1800 MHz and between2180 MHz and 2200 MHz FCC may encourage a

licensee to voluntarilygive up some or all of itsspectrum in return for aportion of the proceedsfrom auctioning andrelicensing it

Reverse Auctions FCC may not enter into

a relinquishmentagreement unless

- A reverse auction isconducted to gauge theamount of compensation alicensee would require inorder to voluntarily releasesome of their spectrum or move to a differentspectrum assignment- There must be at least

unlicensed use- Licensee will get a

portion of theproceeds that theFCC determines are

a direct result of therelinquishedspectrum as long astelevision broadcaststations that arerequired to becarried thatvolunteer to share achannel retain therights to carriage

In general, FCC may

not take anybroadcast spectrumfor an incentiveauction that is notgiven voluntarily

- FCC also cannotmodify or revoke alicense solely to inducea licensee to participatein an incentive auction Repacking is

permitted; FCC mayreassign thefrequency which atelevision broadcaststation licensee islicensed to use IF...

- the reassignmentconsists of a 6 MHzchannel, located

proceeds equal to thevalue of the amount of spectrum that wasreleased

FCC may create a

framework to makeavailable portions of the TV broadcastspectrum and requirefull-power stationlicensees and other licensees, to relocateto another portion of the televisionbroadcast spectrum

Any effort to reclaim

spectrum from a TVbroadcast licensee for the auction must bevoluntary EXCEPT

FCC may reclaim TVbroadcast spectrumfor the purposes of anincentive auction if itassigns to suchlicensee the rights touse an identical

amount of contiguousspectrum, in the samegeographic market

If spectrum isreclaimed, the FCCmust make reasonableefforts to ensure thatreassigned spectrumrights enable a

unlicensed use- The FCC will givethat licensee aportion of theproceeds from a

competitive auctionthat the FCCdetermines, in itsdiscretion, are adirect result of thethe relinquishedspectrum▪ FCC may modifythe spectrum rightsof incumbentlicensee's in order to

reassign spectrum toTV broadcast stationlicensees or allocating spectrumfor unlicensed use for the purpose of conducting theauction

▪Establish anIncentive Auction

Relocation Fund tocover the reasonablecosts of licenseesthat were impactedby having to relocateor accommodatereassigned stations FCC has authority

to make available




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retain the rights tocarriage

If modification of existing spectrum rightsis necessary to

complete auction theFCC must give thelicensee a portion of the proceeds for thepurpose of relocating

- Reasonable effortsmust be made topreserve thelicensee's populationcoverage and avoidany increase in the

licensee'sinterference; also

- Reasonable effortsmust also be made toallow licenseesassigned to broadcastchannels 2 through 6to relocate to UHFchannels and allowlow power licenseesto move to VHF if

they are affected

Establishes anIncentive AuctionRelocation Fund tocover the reasonablecosts of televisionbroadcast stations thatare relocated to a

one participant in thereverse auction Only the following things

are consideredrelinquishment

- Giving up all usage rightswith respect to a certainchannel without gettingnew rights for another channel- Relinquishing all rightswith respect to a UHFchannel in return for rightsto a VHF channel- Relinquishing usagerights in order to share a

channel with another licensee- Any other voluntaryrelinquishment of rightsthat the FCC determines isin the interest of theauction FCC must evaluate the

results of the reverseauction to determine theamount of compensation

that achieves the proper balance between thevalue of the spectrumand the amount that theFCC must pay in order for the licensees torelinquish such rights

FCC can only acceptbids that are lower than

between channels14 and 50,inclusive, in thesame geographicmarket and with the

same city of license,to each suchlicensee

- preserves thelicensee’s signalpower level,transmissionarchitecture, andinterference levels

▪ Generally, low power TV licensees' spectrum

may not be reclaimedunless it gets a channelwith similar populationcoverage in the UHFregion- However, if the FCC

or the licenseecannot locate asuitable channelwithin the UHF bandthen the FCC can

either collocatemultiple low-power licensees in a UHFchannel or assign alow power televisionlicensee a full VHFchannel between 7and 13, inclusive(as a last option)

licensee to offer service that issubstantially similar inservice contour andamount of harmful

interference A VHF TV broadcast

licensee shall beallowed to use aportion of spectrum inthe UHF band

FCC may also modifya broadcast stations’spectrum rights for thepurposes of theauction and then

disburse to suchlicensee a portionproceeds tocompensate for theloss in rights

- However, reasonableefforts must be madeto preserve theamount of populationcoverage and avoidany substantial

increase ininterference

spectrum licenseson frequenciesbetween 2000 and2020 MHz and2180 and 2200

MHz for terrestrialbroadband useuntil 2021▪ Not more than$1B will beassigned to theIncentive AuctionRelocation Fund




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different spectrumchannel or geographiclocation following anincentive auction or stations that are

impacted by such anauction; or MVPD costincurred from carriageof relocated or sharedchannels

or equal to thedetermined value of compensation and allreverse auction bids arebinding on the licensee

FCC has the authority toreassign televisionbroadcast spectrumlicensees for thepurpose of conductingthe auction as long asthe costs reasonablyincurred by the licenseeare reimbursed

- However, reasonableefforts must be made to

preserve viewer access toover the air broadcastsignals and to ensure thatstation service andpopulation coverage aremaintained- FCC cannot reassign alicensee to move fromUHF to VHF channel broadcast TV license or

MVPD have the option of

requesting a waiver or modification of application of anyprovision of law or regulation administeredby the FCC or instead of reimbursement for relocation

May not require anyTV station licensee tocollocate its facilitieswith that of another television broadcast

station licensee inorder to transmit onthe same frequency.




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Forward auction FCC may conduct a

forward auction to assignlicenses for the use of or allocate for unlicensed

use any reassignedspectrum

FCC must share withany bidder (licensee)from the reverse auctiona portion of the proceedsthat is equal to the valueof their bid

A reserve price must beset that is necessary toensure the proceeds of

the auction are greater than the sum of

- the total amount of bidsaccepted in a reverseauction- costs of conducting theforward auction- estimated costs for whichthe FCC is required tomake reimbursements

Incentive Auction ProceedsS. 911/Public Safetyand WirelessInnovation ActJohn D. Rockefeller (D-WV) & Kay BaileyHutchison (R-TX)

House RepublicanSpectrum BillDiscussion DraftSpectrum InnovationAct of 2011Rep. Greg Walden (R-OR)

H.R. 2482 / PublicSafety Spectrum andWireless Innovation ActRep. John Dingell (D-MI)& Rep. Gene Green (D-TX)

House DemocratSpectrum BillDiscussion Draft PublicSafety Broadband andWireless Innovation Actof 2011

Reid Amendment toDebt Bill – SpectrumSection




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Public Safety TrustFund All proceeds from the

auctions will bedeposited in this fund

(these funds areavailable until the endof FY 2016

This fund will be usedto make any requireddisbursals for licenseesin the incentive auction

- FCC in consultationwith OMB mustdevelop the methodfor calculating

disbursals, whichmust consider thevalue of the spectrumvoluntarilyrelinquished in itscurrent use and thetimeliness with whichthe licensee will clear its use of suchspectrum.

- At least 5% but no more

than $1B should beallocated for IncentiveAuction relocation fund▪$250M will go to theState and Localimplementation fund▪$11.75B must depositedwith the Public SafetyBroadband Corporation

Insufficient proceeds If the auction proceeds

are not greater than or equal to the reserveprice then no licenses

will be assigned or spectrum allocated for unlicensed use andany reassignments or reallocations from thereverse auction will bevoid

FCC can't revoke anyspectrum usage rightsbased on a reverseauction bid if the

proceeds from theforward auction areinsufficient

FCC may only conductone reverse auction andone forward auction

Public Safety TrustFundAll proceeds from theauctions will be depositedin this fund (these funds

are available until the endof FY 2021▪This fund will be used tomake any requireddisbursals for licenseesin the incentive auction- FCC in consultation withOMB must develop themethod for calculatingdisbursals, which mustconsider the value of the

spectrum voluntarilyrelinquished in its currentuse and the timelinesswith which the licenseewill clear its use of suchspectrum.- At least 5% but no morethan $1.5B should beallocated for IncentiveAuction relocation fund▪$250M will go to the

State and Localimplementation fund▪$11.75B must depositedwith the Public SafetyBroadband Corporationfor the national publicsafety interoperablebroadband network▪$100M per year for

Public Safety TrustFundAll proceeds from theauctions will be depositedin this fund (these funds

are available until the endof FY 2016▪This fund will be used tomake any requireddisbursals for licenseesin the incentive auction- FCC in consultation withOMB must develop themethod for calculatingdisbursals, which mustconsider the value of the

spectrum voluntarilyrelinquished in its currentuseand the timeliness withwhich the licensee willclear its use of suchspectrum.- At least 5% but no morethan $2B should beallocated for IncentiveAuction relocation fund

- Amounts in the fundshall be used to makedisbursals to ensure thatcertain portions of theelectromagneticspectrum remainavailable for unlicenseduse▪$250M will go to the




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for the national publicsafety interoperablebroadband network+B6▪$100M per year for public safety R&D▪$130M per year to NSF▪$70M per year toDARPA to conductresearch on Federalwireless communications▪Any remaining amountswill dedicated solely todeficit reduction

public safety R&D▪$70M to conductadvanced informationand technology research▪Any remaining amounts

will dedicated solely todeficit reduction

State and Localimplementation fund▪$11B must depositedwith the Public SafetyBroadband Corporation

for the national publicsafety interoperablebroadband network▪$100M per year for public safety R&D▪ $2M to NationalHighway Traffic SafetyAdministration to preparethe report on NextGeneration 911 services▪Any remaining amounts

will dedicated solely todeficit reduction




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Federal Government Spectrum

S. 911/Public Safetyand WirelessInnovation Act

John D. Rockefeller (D-WV) & Kay BaileyHutchison (R-TX)

House RepublicanSpectrum BillDiscussion Draft

Spectrum InnovationAct of 2011Rep. Greg Walden (R-OR)

H.R. 2482 / PublicSafety Spectrum andWireless Innovation Act

Rep. John Dingell (D-MI)& Rep. Gene Green (D-TX)

House DemocratSpectrum BillDiscussion Draft

Public SafetyBroadband andWireless InnovationAct of 2011

Reid Amendment toDebt Bill – SpectrumSection

Reallocate at least 15MHz of contiguousspectrum in the1675MHz - 1710 MHzband

FCC should conductauctions for the

following spectrum:1915-1920 MHz; 1995- 2000; 2020 - 2025;2155 - 2175; 2175 -2180; and 1755 - 1850MHz

Reallocate coveredspectrum (3550 to3650 MHz, inclusive, or any amendmentidentified in the NTIA

report) for assignmentby competitive biddingUNLESS

- It is needed to protectfederal systems frominterference or allocation of someother spectrum wouldproduce comparable

Relevant spectrumblocks

- 1915 MHz - 1920MHz and between2020 MHz – 2025MHz (the AWS-2 HBlock).

-1755 MHz - 1780MHz and between2155 MHz - 2180MHz (the AWS-3band).

- 5350 MHz - 5470MHz and between5850 MHz - 5925MHz

- Between 1670 MHz -1710 MHz and

between 2070 MHz -2110 MHz.

- between 1780 MHz -1800 MHz andbetween 2180 MHz -2200 MHz

NTIA must withdrawdesignated spectrumthat is assigned to a

Reallocate at least 15MHz of contiguousspectrum in the1675MHz - 1710 MHzband

FCC should conductauctions for the

following spectrum:1915-1920 MHz; 1995- 2000; 2020 - 2025;2155 - 2175; 2175 -2180; and 1755 - 1850MHz

Reallocate coveredspectrum (3550 to3650 MHz, inclusive, or any amendmentidentified in the NTIA

report) for assignmentby competitive biddingUNLESS

- It is needed to protectfederal systems frominterference or allocation of someother spectrum wouldproduce comparable

Identify for reallocation aminimum of 15 MHz of contiguous spectrumat frequencies locatedfrom 1675 MHz to1710 MHz and 25

MHz of contiguousspectrum atfrequencies locatedfrom 1755 MHz to1850 MHz

If the Presidentdetermines that thisspectrum can't bereallocated because of the need to protectincumbent Federal

operations frominterference then hemust identify alternatespectrum for reallocation that canproduce comparableauction receipts

FCC must find at

Any federal entity thatthat operates a FederalGovernment stationauthorized to use thespecified frequencybands and incurs costsbecause of the auction

or the reallocation of spectrum frequenciesfrom Federal use toexclusive non-Federaluse, or shared Federaland non-Federal usewill receive paymentfor such costs▪A Federal entity ispermitted to allowaccess to its frequency

by a non-Federal entityupon approval by NTIA- Any money gainedfrom the agreementmust be deposited intothe spectrumreallocation fund- Any costs incurred bythe federal agency for




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value at auction If covered spectrum

can't be auctioned,then President mustidentify alternative

spectrum that isprimarily used by afederal agency for auction totaling at least20 MHz and no more100 MHz

All proceeds of thisauction will go to thePublic Safety TrustFund to help fundintegration to the public

safety broadbandnetwork

Federal SpectrumReview Required biennial

inventory of federalagency spectrum use,from 300 MHz to 3.5GHz that is managedby each agency

Review the processused by federal entitiesto evaluate their proposed spectrumneeds and establish,update, or revise theprocess as necessary

Every 2 years eachFederal entity shall

Federal entity- If Federal use of

these bands isnecessary for mission critical

activities AND thatFederal and non-Federal use could beco-located by meansof a database thenfederal use may bepermitted

NTIA with FCC mustestablish a databasefor coordinatingFederal and non-

Federal use of thespectrum based

- NTIA will develop theregulationsgoverning Federaluse of this portion of the spectrum and theFCC will developthem for non-Federalusers

FCC may only auction

the portions of Federalspectrum where theFederal entityassignment has beenwithdrawn or collocation with a non-Federal user ispossible

value at auction If covered spectrum

can't be auctioned,then President mustidentify alternative

spectrum that isprimarily used by afederal agency for auction totaling at least20 MHz and no more100 MHz

All proceeds of thisauction will go to thePublic Safety TrustFund to help fundintegration to the public

safety broadbandnetwork

Federal SpectrumReview Required biennial

inventory of federalagency spectrum use,from 300 MHz to 3.5GHz that is managedby each agency

Review the processused by federal entitiesto evaluate their proposed spectrumneeds and establish,update, or revise theprocess as necessary

Every 2 years eachFederal entity shall

minimum an additional15 MHz of contiguousspectrum

FCC shall conduct anauction to assign

licenses for therequired 30 MHz of spectrum allocationand the frequenciesfrom 2155 MHz to2180 MHz

FCC shall alsoreallocate other spectrum between thefrequencies from 3550MHz to 3650 MHz for

assignment through acompetitive auctionprocess or reallocatefor unlicensed use

Create an inventory of each radio spectrumband of frequencieslisted in the UnitedStates Table of Frequency Allocationsunless they determine

that the burdenoutweighs the benefits

Develop a reportcontaining arecommendation of which spectrum, if any, should bereallocated or otherwise made

providing this accesscan be reimbursedthrough the fund- revenue fromproviding this access

should be at least 110percent of theestimated Federalcosts▪ Establishes aspectrum relocationfund where money inthe Fund from auctionsof eligible frequencieswill be used to payrelocation costs of an

eligible Federal entityincurring such costs▪ Money in the Fundthat comes frompayments by non-Federal access toFederal spectrum willbe used to pay thesharing costs▪ No more than $10Mcan be transferred

from the fund to pay for federal entity relocationcosts

▪ (§226) AssistantSecretary shall identifyand make available for immediate reallocationor sharing with




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provide an entity-specific strategicspectrum plan that willbe used to develop aFederal Strategic

Spectrum Plan thatincludes information onhow federal spectrumis being used andopportunities toincrease efficiency of the spectrum use

NTIA and FCC inconsultation with other Federal, State, local,and tribal governments

and commercialspectrum interests willdevelop a quadrennialNational StrategicSpectrum Plan

NTIA to conduct astudy that identifiesspectrum between 225MHz and 3700 MHzoperated or licensed bya Federal entity that is

appropriate for sharingwith nongovernmententities or non-Federalgovernment entities

Develop analytic toolsor metrics for the NTIAand Federal entities tomeasure the spectrumefficiency of Federal

provide an entity-specific strategicspectrum plan that willbe used to develop aFederal Strategic

Spectrum Plan thatincludes information onhow federal spectrumis being used andopportunities toincrease efficiency of the spectrum use

NTIA and FCC inconsultation with other Federal, State, local,and tribal governments

and commercialspectrum interests willdevelop a quadrennialNational StrategicSpectrum Plan

NTIA to conduct astudy that identifiesspectrum between 225MHz and 3700 MHzoperated or licensed bya Federal entity that is

appropriate for sharingwith nongovernmententities or non-Federalgovernment entities

Develop analytic toolsor metrics for the NTIAand Federal entities tomeasure the spectrumefficiency of Federal

available for sharedaccess

Review the processused by federalentities to evaluate

their proposedspectrum needs andmakerecommendations onhow to improve suchprocesses

Every 2 years eachFederal entity shallprovide an entity-specific strategicspectrum plan that will

be used to develop aFederal StrategicSpectrum Plan thatincludes informationon how federalspectrum is beingused andopportunities toincrease efficiency of the spectrum use

NTIA and FCC in

consultation with other Federal, State, local,and tribalgovernments andcommercial spectruminterests will develop aquadrennial NationalStrategic SpectrumPlan

incumbentGovernmentoperations, at aminimum, 15 MHz of contiguous spectrum at

frequencies locatedbetween 1675megahertz and 1710megahertz, inclusive▪ FCC must conductauctions of thefollowing spectrumbands:- 1915 MHz to 1920MHz- 1995 MHz to 2000

MHz- 2020 MHz to 2025MHz- 2155 MHz to 2175MHz- 2175 MHz to 2180MHz- 25 MHz of spectrumbetween thefrequencies of 1755MHz

- Any federal spectrumidentified for reallocation or sharing

▪FCC must reallocatecovered spectrum(3550 to 3650 Mhz,inclusive, or anyamendment identified




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spectrum systemsused by such entities

NTIA should examineits frequencyassignment processes

and identify bestpractices to determinehow to help entitiesmanage current andfuture spectrumassignments moreefficiently.

NTIA should develop aframework todetermine the annualeconomic opportunity

cost of each specificspectrum band allottedfor Federal entity use

spectrum systemsused by such entities

NTIA should examineits frequencyassignment processes

and identify bestpractices to determinehow to help entitiesmanage current andfuture spectrumassignments moreefficiently.

NTIA should develop aframework to determinethe annual economicopportunity cost of each

specific spectrum bandallotted for Federal entityuse

FCC to develop areport on theavailability of wirelessequipment for the 700MHz spectrum band

in the NTIA report) for assignment bycompetitive biddingUNLESS- needed to protect

federal systems frominterference or allocation of someother spectrum wouldproduce comp value▪If covered can't beauctioned, mustidentify alternativespectrum for auctionthat is primarily usedby a federal agency

totaling at least 20 Mhzand no more 100 Mhz(otherwise the coveredwill still be auctioned)▪All proceeds of thisauction will go to thePublic Safety TrustFund to help fundintegration to the publicsafety network▪ NTIA must submit to

Congress a report onits plan to implementthe recommendationscontained in the‘‘President’sMemorandum onImproving SpectrumManagement for 21stCentury’




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Unlicensed Spectrum

S. 911/Public Safetyand Wireless

Innovation ActJohn D. Rockefeller (D-WV) & Kay BaileyHutchison (R-TX)

House RepublicanSpectrum Bill

Discussion DraftSpectrum InnovationAct of 2011Rep. Greg Walden (R-OR)

H.R. 2482 / PublicSafety Spectrum and

Wireless Innovation ActRep. John Dingell (D-MI)& Rep. Gene Green (D-TX)

House DemocratSpectrum Bill

Discussion DraftPublic SafetyBroadband andWireless InnovationAct of 2011

Harry ReidAmendment to

Debt Bill– SpectrumSection

Licensees may give upall or part of their spectrum rights to bedesignated for unlicensed use

84 MHz of spectrum

(bands between 54and72, 76 and 88, 174and 216, 470 and 698MHz) will be assignedthrough a competitivebidding process

- If in public interest,portion of proceedsfrom the auction of these bands may begiven to other

licensees to ensureunlicensed spectrumremains available.

FCC shall alsoreallocate other spectrum between thefrequencies 3550 MHzto 3650 MHz for assignment through a

FCC will allocateunlicensed spectrumuse through acompetitive auctionprocess

Spectrum may only be

allocated for unlicensed use if theFCC conducts acompetitive auction inwhich bids may beplaced to use thespectrum for unlicensed use and togain a license for theuse of such portion;

- The total bids for

unlicensed use, in theaggregate, mustexceed the highestbid for license of thesame spectrum

FCC must establishand maintain adatabase to coordinateany portion the

Licensees mayvoluntarily give up all or a portion of their licensed spectrumrights to allow for designation for

unlicensed use 84 MHz of spectrum

(bands between 54and72, 76 and 88, 174and 216, 470 and 698MHz) will be assignedthrough a competitivebidding process

- If the FCC finds thatit’s in the publicinterest, a portion of

the proceeds may begiven to other licensees to ensureunlicensed spectrumremains available

Report required fiveyears after enactmentof this act about thestatus of development

After 84 MHz of TVspectrum has beenassigned through acompetitive auction,FCC may disburse aportion of the proceeds

of such bidding toother licensees for thepurpose of ensuringthat portions of thetelevision broadcastspectrum remainavailable for unlicensed use

FCC shall alsoreallocate other spectrum between the

frequencies from 3550MHz to 3650 MHz for assignment through acompetitive auctionprocess or reallocatefor unlicensed use

FCC shall modify part15 of title 47, Code of

With respect tofrequency bandsbetween 54 and 72MHz, 76 and 88MHz, 174 and 216MHz, 470 and 698

MHz, 84 MHz shall be

assigned via acompetitive biddingprocess until thewinning bidders for licenses covering90 MHz from thespecified bandsdeposit the fullamount of their bids

-if more than 90

MHz of spectrumfrom the specifiedbands is madeavailable for alternative useand suchspectrum isassigned via




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competitive auctionprocess or reallocatefor unlicensed use


Federal Regulations, toallow unlicenseddevices intended for indoor use to operatein the 5350–5470 MHzband.

- Should be done onlyif 1) FCC finds thattechnical solutionswill protect licensedusers; and 2)primary

mission of licensedusers in this band willnot be negativelyaffected

NTIA will conduct astudy evaluating knownand proposed sharingtechnologies and therisk to Federal users if unlicensed U–NIIdevices were allowed

to operate indoors inthe 5350–5470 MHzband


spectrum that isallocated for unlicensed use throughthe auction

- Any device intending

to use the unlicensedportion mustcoordinate it use withother such devicesthrough the databaseif the device isshipped in interstatecommerce or manufactured in theUnited States, for sale or resale to the

public.

of any spectrumdesignated asunlicensed spectrum


Federal Regulations, toallow unlicenseddevices intended andmarketed for indoor use to operate in the5350–5470 MHz band.

- Should be done onlyif 1) FCC finds thattechnical solutionswill protect licensedusers; and 2) primary

mission of thelicensed users in thisband will not benegatively affected

NTIA will conduct astudy evaluating knownand proposed sharingtechnologies and therisk to Federal users if unlicensed U–NIIdevices were allowed

to operate indoors inthe 5350–5470 MHzband


Federal Regulations,to allow unlicenseddevices intended andmarketed for indoor use to operate in the

5350–5470 MHz band.- This should be only if

1)the FCC finds thattechnical solutionswill protect licensedusers; and 2) theprimary mission of the licensed users inthis band will not benegatively affected

NTIA will conduct a

study evaluatingknown and proposedsharing technologiesand the risk to Federalusers if unlicensed U–NII devices wereallowed to operateindoors in the 5350–5470 MHz band

competitivebidding, a portionof the proceedsmay be disbursedto licensees of

other frequencybands for thepurpose of making additionalspectrumavailable.

FCC along withOMB must developthe methodologyfor calculating suchpayments to

licensees at least 3months in advanceof the relevantauction, and thatsuch methodologyconsider the valueof the spectrum




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Spectrum-based research and development efforts

S. 911/Public Safety andWireless Innovation ActJohn D. Rockefeller (D-WV) &

Kay Bailey Hutchison (R-TX)

House Republican SpectrumBill Discussion DraftSpectrum Innovation Act of

2011Rep. Greg Walden (R- OR)

H.R. 2482 / Public SafetySpectrum and WirelessInnovation Act

Rep. John Dingell (D-MI) &Rep. Gene Green (D-TX)

House Democrat Spectrum BillDiscussion Draft Public SafetyBroadband and Wireless

Innovation Act of 2011

FCC must conduct a studyon the spectrum used bypublic safety licensees or for public safety servicesincluding

an inventory of spectrumassigned to public safety

assess how spectrum isbeing used and if it is

adequate whether there is opportunity

for any of the spectrum to bereturned for auction tocommercial providers

Satellite Broadband Reportto study the current andfuture capabilities of fixedand mobile satellitebroadband to assist publicsafety entities during an

emergency

OEC must complete a studyon the uses and capabilitiesof amateur radio servicecommunications inemergencies and disaster relief

- The study should reviewthe importance of amateur radio n emergencies,

identify any impediments toamateur radio use andprovide recommendations.

OEC must complete a studyon the uses and capabilitiesof amateur radio servicecommunications inemergencies and disaster relief

NIST will conduct R &D for standards, technologies, andapplications to advancewireless public safetycommunications

FCC to conduct a study onthe spectrum used by publicsafety licensees or for publicsafety services including an

inventory of spectrumassigned to public safety, theamount of spectrum, number of licensees

- assess if spectrum isadequate to meet thecurrent and further needsfor public safety servicesand whether there isopportunity for any of thespectrum to be returned for

auction to commercialproviders

US Comptroller General toconduct a study on thecurrent and futurecapabilities of fixed andmobile satellite broadband toassist public safety entitiesduring an emergency

FCC will conduct a study onthe spectrum allocated for public safety use includinghow it is being used,recommendations on how itcan be used more efficientlyas well as assess thefeasibility of public safetyentities relocating from other

bands to the public safetybroadband spectrum; andassess whether any of thisspectrum could be returnedfor reassignment throughauction

NIST to conduct researchand assist with thedevelopment of standards,technologies, andapplications to advance

wireless public safetycommunications






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entities will bepermitted to use abroad range of radiofrequencies for research and

experimentation on anon-interferencebasis without havingto obtain prior FCCapproval for the useof specificfrequencies.

Wireless FacilitiesDeployment▪ A state or local

government may notdeny, and shall approve,any eligible facilitiesrequest for a modificationof an existing wirelesstower that does notsubstantially change thephysical dimensions of such tower ▪ An executive agencyhas the right to grant an

application for easementor right-of-way to, in,over, or on a building or other property owned bythe Federal Governmentfor the right to install,construct, and maintainwireless service antennastructures and

equipment, andbackhaul transmissionequipment (if requested by anexecutive agency, a

State, a politicalsubdivision or agencyof a State, or a person,firm, or organization)

- The General ServicesAdministrator mustdevelop a common formfor applications for easements and rights-of-way for all executiveagencies to be used by

applicants with respectto the buildings or other property of each suchagency and will establisha fee for the granting of the easement

The General servicesadministrator mustdevelop a master contract to govern the

placement of wirelessservice antennastructures on buildingsand other propertyowned by the FederalGovernment; and

standardize thetreatment of theplacement of wireless

broad range of radiofrequencies for researchand experimentation on anon-interference basiswithout having to obtain

prior FCC approval for the use of specificfrequencies.

Wireless FacilitiesDeployment A state or local

government may notdeny, and shallapprove, any eligiblefacilities request for a

modification of anexisting wireless tower that does notsubstantially changethe physical dimensionsof such tower

An executive agencyhas the right to grant anapplication for easement or right-of-way to, in, over, or on a

building or other property owned by theFederal Government for the right to install,construct, and maintainwireless serviceantenna structures andequipment, andbackhaul transmission

equipment, andbackhaul transmissionequipment (if requested by anexecutive agency, a

State, a politicalsubdivision or agencyof a State, or a person,firm, or organization)

- The General ServicesAdministrator mustdevelop a common formfor applications for easements and rights-of-way for all executiveagencies to be used by

applicants with respectto the buildings or other property of each suchagency and will establisha fee for the granting of the easement- Fee amount may bewaived in considerationof the public benefitprovided by granting theright and in the interest

of expanding wirelessand broadbandcoverage. The General services

administrator mustdevelop a master contract to govern theplacement of wirelessservice antenna




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equipment, and backhaultransmission equipment(if requested by anexecutive agency, aState, a political

subdivision or agency of a State, or a person, firm,or organization)- The General ServicesAdministrator mustdevelop a common formfor applications for easements and rights-of-way for all executiveagencies to be used byapplicants with respect to

the buildings or other property of each suchagency and will establisha fee for the granting of the easement- Fee amount may bewaived in consideration of the public benefitprovided by granting theright and in the interest of expanding wireless and

broadband coverage.▪ The General servicesadministrator mustdevelop a master contractto govern the placementof wireless serviceantenna structures onbuildings and other property owned by the

service antennastructures on buildingrooftops or facades,the placement of wireless service

antenna equipment onrooftops or insidebuildings, thetechnology used inconnection withwireless serviceantenna structures or equipment placed onFederal buildings andproperty

equipment (if requestedby an executiveagency, a State, apolitical subdivision or agency of a State, or a

person, firm, or organization)

- The General ServicesAdministrator mustdevelop a common formfor applications for easements and rights-of-way for all executiveagencies to be used byapplicants with respect tothe buildings or other

property of each suchagency and will establisha fee for the granting of the easement- Fee amount may bewaived in consideration of the public benefitprovided by granting theright and in the interest of expanding wireless andbroadband coverage.

▪ The General servicesadministrator mustdevelop a master contractto govern the placementof wireless serviceantenna structures onbuildings and other property owned by theFederal Government; and

structures on buildingsand other propertyowned by the FederalGovernment; and

Developing the master

contract or contracts,must standardize thetreatment of theplacement of wirelessservice antennastructures on buildingrooftops or facades,the placement of wireless serviceantenna equipment onrooftops or inside

buildings, thetechnology used inconnection withwireless serviceantenna structures or equipment placed onFederal buildings andproperty




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Federal Government; and▪in developing the master contract or contracts,must standardize thetreatment of the

placement of wirelessservice antennastructures on buildingrooftops or facades, theplacement of wirelessservice antennaequipment on rooftops or inside buildings, thetechnology used inconnection with wirelessservice antenna

structures or equipmentplaced on Federalbuildings and property

▪in developing the master contract or contracts,must standardize thetreatment of theplacement of wireless

service antennastructures on buildingrooftops or facades, theplacement of wirelessservice antennaequipment on rooftops or inside buildings, thetechnology used inconnection with wirelessservice antennastructures or equipment

placed on Federalbuildings and property

Documents

PK Summary of Spectrum Bills