II 117TH CONGRESS 1ST SESSION S. 1365 To direct the Federal Communications Commission to establish a new Tribal priority window for the 2.5 gigahertz band, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 26, 2021 Ms. WARREN (for herself, Ms. SMITH, Mr. KING, Mr. MARKEY, Ms. CORTEZ MASTO, Mr. MERKLEY, Ms. HIRONO, Ms. KLOBUCHAR, Mr. SANDERS, Mr. SCHATZ, Mr. PETERS, Mr. WYDEN, Ms. BALDWIN, Mr. BOOKER, and Ms. ROSEN) introduced the following bill; which was read twice and re- ferred to the Committee on Commerce, Science, and Transportation A BILL To direct the Federal Communications Commission to estab- lish a new Tribal priority window for the 2.5 gigahertz band, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Extending Tribal 4 Broadband Priority Act of 2021’’. 5 VerDate Sep 11 2014 06:00 May 21, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1365.IS S1365 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1365 IS SEC. 2. ESTABLISHMENT OF NEW 2.5 GHZ TRIBAL PRIORITY 1 WINDOW. 2 (a) COMMISSION DEFINED.—In this section, the term 3 ‘‘Commission’’ means the Federal Communications Com- 4 mission. 5 (b) NEW TRIBAL PRIORITY WINDOW.—The Commis- 6 sion shall— 7 (1) not later than 30 days after the date of en- 8 actment of this Act, establish a new Tribal priority 9 window for the 2.5 gigahertz band, under the same 10 terms and conditions as the Tribal priority window 11 established in the Report and Order in the matter 12 of Transforming the 2.5 GHz Band adopted by the 13 Commission on July 10, 2019 (FCC 19–62), for any 14 portions of the band— 15 (A) that remain available for assignment in 16 accordance with that Report and Order; and 17 (B) for which the Commission did not re- 18 ceive an application during the Tribal priority 19 window established in that Report and Order; 20 and 21 (2) accept applications in the new window es- 22 tablished under paragraph (1) during the period 23 that— 24 (A) begins on the date on which the win- 25 dow is established; and 26 VerDate Sep 11 2014 06:00 May 21, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1365.IS S1365 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1365 IS (B) ends on the date that is 180 days after 1 the date on which the window is established, or 2 such later date as the Commission considers ap- 3 propriate. 4 (c) EXCEPTION FROM CERTAIN PROCEDURAL RE- 5 QUIREMENTS.—To the extent that the Commission deter- 6 mines that section 553 of title 5, United States Code, 7 chapter 6 of that title (commonly known as the ‘‘Regu- 8 latory Flexibility Act’’), subchapter I of chapter 35 of title 9 44, United States Code (commonly known as the ‘‘Paper- 10 work Reduction Act’’), or any other provision of law would 11 prevent the Commission from establishing the new Tribal 12 priority window by the date required under paragraph (1) 13 of subsection (b) or from beginning to accept applications 14 in that window as required under paragraph (2)(A) of that 15 subsection, that provision shall not apply to any action 16 taken by the Commission, or any rule or order issued by 17 the Commission, to establish that window or to begin ac- 18 cepting applications in that window (as the case may be). 19 Æ VerDate Sep 11 2014 06:00 May 21, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\S1365.IS S1365 kjohnson on DSK79L0C42PROD with BILLS