WIN 5G Act

I 116TH CONGRESS 1ST SESSION H. R. 4171 To provide for a transition process to make electromagnetic spectrum between the frequencies of 3700 megahertz and 4200 megahertz available for allocation and auction, to make available Federal spectrum for non- Federal use or shared Federal and non-Federal use, and for other pur- poses. IN THE HOUSE OF REPRESENTATIVES AUGUST 6, 2019 Ms. MATSUI introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for a transition process to make electromagnetic spectrum between the frequencies of 3700 megahertz and 4200 megahertz available for allocation and auction, to make available Federal spectrum for non-Federal use or shared Federal and non-Federal use, 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; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Wireless Investment Now in 5G Act’’ or the ‘‘WIN 5G 5 Act’’. 6 VerDate Sep 11 2014 03:39 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4171.IH H4171 kjohnson on DSK79L0C42 with BILLS 2 •HR 4171 IH (b) TABLE OF CONTENTS.—The table of contents for 1 this Act is as follows: 2 Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Rule of construction. TITLE I—TRANSITION OF CERTAIN SPECTRUM Sec. 101. Transition of spectrum between 3700 megahertz and 4200 mega- hertz. TITLE II—FEDERAL SPECTRUM AVAILABILITY Sec. 201. Costs of spectrum research and development and planning activities. Sec. 202. Inclusion of spectrum sharing in annual NTIA report on relocation. Sec. 203. Studies on reallocation of certain Federal spectrum. Sec. 204. Identification, reallocation, and auction of certain Federal spectrum. Sec. 205. Definitions. TITLE III—NTIA RESEARCH AND DEVELOPMENT Sec. 301. NTIA independent research and development costs. TITLE IV—RURAL BROADBAND DEPLOYMENT Sec. 401. Rural Broadband Deployment Fund. SEC. 2. DEFINITIONS. 3 In this Act: 4 (1) APPROPRIATE COMMITTEES OF CON- 5 GRESS.—The term ‘‘appropriate committees of Con- 6 gress’’ means— 7 (A) the Committee on Appropriations of 8 the House of Representatives; 9 (B) the Committee on Appropriations of 10 the Senate; 11 (C) the Committee on Energy and Com- 12 merce of the House of Representatives; and 13 (D) the Committee on Commerce, Science, 14 and Transportation of the Senate. 15 VerDate Sep 11 2014 03:39 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4171.IH H4171 kjohnson on DSK79L0C42 with BILLS 3 •HR 4171 IH (2) COMMISSION.—The term ‘‘Commission’’ 1 means the Federal Communications Commission. 2 SEC. 3. RULE OF CONSTRUCTION. 3 Each range of frequencies described in this Act shall 4 be construed to be inclusive of the upper and lower fre- 5 quencies in the range. 6 TITLE I—TRANSITION OF 7 CERTAIN SPECTRUM 8 SEC. 101. TRANSITION OF SPECTRUM BETWEEN 3700 MEGA- 9 HERTZ AND 4200 MEGAHERTZ. 10 (a) DESIGNATION OF TRANSITION FACILITATOR.— 11 (1) IN GENERAL.—Not later than 60 days after 12 the date of the enactment of this Act, the Commis- 13 sion shall designate to serve as the Transition 14 Facilitator for purposes of this section an organiza- 15 tion that— 16 (A) consists of all satellite operators pro- 17 viding service using spectrum between the fre- 18 quencies of 3700 megahertz and 4200 mega- 19 hertz to the continental United States pursuant 20 to a license or grant of market access issued by 21 the Commission; and 22 (B) agrees to serve as the Transition 23 Facilitator and to carry out the duties of the 24 Transition Facilitator under this section. 25 VerDate Sep 11 2014 03:39 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4171.IH H4171 kjohnson on DSK79L0C42 with BILLS 4 •HR 4171 IH (2) EXCEPTION.—The Commission may des- 1 ignate under paragraph (1) an organization con- 2 sisting of less than all satellite operators described 3 in subparagraph (A) of such paragraph if— 4 (A) any satellite operator described in such 5 subparagraph that is not part of such organiza- 6 tion— 7 (i) notifies the Commission that such 8 operator does not wish to be part of the 9 Transition Facilitator; or 10 (ii) is otherwise determined by the 11 Commission not to be necessary to be part 12 of the Transition Facilitator; and 13 (B) the organization designated by the 14 Commission consists of not fewer than 4 sat- 15 ellite operators described in such subparagraph. 16 (b) TRANSITION FACILITATION PLAN.— 17 (1) SUBMISSION BY TRANSITION 18 FACILITATOR.—Not later than 120 days after the 19 Transition Facilitator is designated under subsection 20 (a), the Transition Facilitator shall submit to the 21 Commission and the appropriate committees of Con- 22 gress a transition facilitation plan for the spectrum 23 between the frequencies of 3700 megahertz and 24 VerDate Sep 11 2014 03:39 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4171.IH H4171 kjohnson on DSK79L0C42 with BILLS 5 •HR 4171 IH 4200 megahertz that contains the information re- 1 quired by paragraph (2). 2 (2) REQUIRED CONTENTS.—The transition fa- 3 cilitation plan shall contain the following: 4 (A) A specification of the amount of spec- 5 trum between the frequencies of 3700 mega- 6 hertz and 4200 megahertz that the Transition 7 Facilitator determines can be cleared in each 8 geographic area in the continental United 9 States, together with— 10 (i) a demonstration that the amount 11 of spectrum specified for each such area is 12 the maximum amount of spectrum in such 13 area that can be made available for the as- 14 signment of licenses through a system of 15 competitive bidding under subsection 16 (c)(1); and 17 (ii) a demonstration that end users 18 will receive service after the implementa- 19 tion of the transition facilitation plan that 20 is comparable in quality to service received 21 before the implementation of the transition 22 facilitation plan. 23 (B) A service migration plan, including— 24 VerDate Sep 11 2014 03:39 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4171.IH H4171 kjohnson on DSK79L0C42 with BILLS 6 •HR 4171 IH (i) a description, for each geographic 1 area in the continental United States, of 2 any activities that will be conducted or 3 measures that will be taken by the Transi- 4 tion Facilitator to ensure the continuation 5 of services corresponding to an earth sta- 6 tion receiving transmissions using spec- 7 trum between the frequencies of 3700 8 megahertz and 4200 megahertz; and 9 (ii) a description of any other activi- 10 ties that will be conducted or measures 11 that will be taken by the Transition 12 Facilitator to implement the service migra- 13 tion plan. 14 (C) A technical migration plan, including a 15 description of any activities or measures nec- 16 essary to ensure continuation of service to in- 17 cumbent end users. 18 (D) An end user protection plan, includ- 19 ing— 20 (i) any documentation received by the 21 Transition Facilitator from end users of 22 any activities, measures, or equipment nec- 23 essary to ensure end users receive service 24 after the implementation of the transition 25 VerDate Sep 11 2014 03:39 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4171.IH H4171 kjohnson on DSK79L0C42 with BILLS 7 •HR 4171 IH facilitation plan that is comparable in qual- 1 ity to service received before the implemen- 2 tation of the transition facilitation plan; 3 and 4 (ii) any reasonable requests from end 5 users for inclusion of estimated costs under 6 subparagraph (E)(ii). 7 (E) An estimate of the costs expected to be 8 incurred by— 9 (i) the Transition Facilitator for ac- 10 tivities, measures, or equipment necessary 11 to clear spectrum in accordance with the 12 transition facilitation plan in each geo- 13 graphic area in the continental United 14 States, including any necessary equipment 15 associated with migrating services; and 16 (ii) end users in each geographic area 17 in the continental United States for activi- 18 ties, measures, or equipment necessary to 19 clear spectrum in accordance with the 20 transition facilitation plan, including costs 21 to migrate services to— 22 (I) alternative technologies; or 23 VerDate Sep 11 2014 03:39 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4171.IH H4171 kjohnson on DSK79L0C42 with BILLS 8 •HR 4171 IH (II) spectrum other than spec- 1 trum between the frequencies of 3700 2 megahertz and 4200 megahertz. 3 (F) A proceeds division plan stating a 4 method by which the portion of the proceeds of 5 a system of competitive bidding under para- 6 graph (1) of subsection (c) that is paid to the 7 Transition Facilitator under paragraph 8 (3)(A)(i)(II) of such subsection may be divided 9 between— 10 (i) entities that comprise the Transi- 11 tion Facilitator; and 12 (ii) licensees and registrants of earth 13 stations receiving signals between the fre- 14 quencies of 3700 megahertz and 4200 15 megahertz. 16 (3) REVIEW BY COMMISSION.—Not later than 17 60 days after the submission of the transition facili- 18 tation plan under paragraph (1), the Commission 19 shall— 20 (A) review such plan to determine whether 21 such plan contains the information required by 22 paragraph (2); and 23 (B) submit to the Transition Facilitator 24 and the appropriate committees of Congress a 25 VerDate Sep 11 2014 03:39 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4171.IH H4171 kjohnson on DSK79L0C42 with BILLS 9 •HR 4171 IH report on the determination under subpara- 1 graph (A), including, if the Commission deter- 2 mines that any such information is omitted or 3 inadequate— 4 (i) a description of the omitted or in- 5 adequate information; and 6 (ii) if the Commission determines that 7 the transition facilitation plan does not 8 contain an adequate demonstration of a 9 matter specified in clause (i) or (ii) of 10 paragraph (2)(A), the steps that the Com- 11 mission determines are necessary to correct 12 the inadequacy. 13 (4) OPPORTUNITY TO CURE OMISSION OR INAD- 14 EQUACY.— 15 (A) SUBMISSION OF REVISED PLAN.—If 16 the Commission determines under paragraph 17 (3)(A) that any information required by para- 18 graph (2) to be in the transition facilitation 19 plan is omitted or inadequate, the Transition 20 Facilitator shall, not later than 90 days after 21 receiving the report of the Commission under 22 paragraph (3)(B), submit a revised transition 23 facilitation plan to cure the omission or inad- 24 equacy. 25 VerDate Sep 11 2014 03:39 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4171.IH H4171 kjohnson on DSK79L0C42 with BILLS 10 •HR 4171 IH (B) REVIEW OF REVISED PLAN.—Not later 1 than 60 days after the submission of a revised 2 transition facilitation plan under subparagraph 3 (A), the Commission shall— 4 (i) review such plan to determine 5 whether such plan contains the information 6 required by paragraph (2); and 7 (ii) submit to the Transition Facilita- 8 tor and the appropriate committees of 9 Congress a report on the determination 10 under clause (i), including, if the Commis- 11 sion determines that any such information 12 is omitted or inadequate, a description of 13 the omitted or inadequate information. 14 (C) EFFECT OF FAILURE TO CURE.—If the 15 Transition Facilitator fails to submit a revised 16 transition facilitation plan as required by sub- 17 paragraph (A), subsections (c), (d), and (e) 18 shall not apply. 19 (5) MODIFICATIONS BY COMMISSION.— 20 (A) IN GENERAL.—If the Commission de- 21 termines under paragraph (4)(B)(i) that infor- 22 mation required by paragraph (2) is omitted or 23 inadequate in a revised transition facilitation 24 plan submitted by the Transition Facilitator 25 VerDate Sep 11 2014 03:39 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4171.IH H4171 kjohnson on DSK79L0C42 with BILLS 11 •HR 4171 IH under paragraph (4)(A), the Commission shall, 1 after public notice and an opportunity for pub- 2 lic comment, modify such plan in order to cure 3 the omission or inadequacy. 4 (B) LIMITATION.—In making any modi- 5 fication under subparagraph (A), the Commis- 6 sion— 7 (i) may not, subject to subparagraph 8 (A)(ii), change the amount of spectrum to 9 be cleared in each geographic area under 10 such plan; and 11 (ii) shall ensure that any such modi- 12 fication does not harm end users. 13 (C) DEADLINE.—The Commission shall 14 complete any modification under subparagraph 15 (A) not later than 90 days after the date on 16 which the Commission submits the report re- 17 quired by paragraph (4)(B)(ii). 18 (D) REPORT.—Not later than 30 days 19 after completing any modification under sub- 20 paragraph (A), the Commission shall submit to 21 the Transition Facilitator and the appropriate 22 committees of Congress a report that contains 23 the modified transition facilitation plan. 24 VerDate Sep 11 2014 03:39 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4171.IH H4171 kjohnson on DSK79L0C42 with BILLS 12 •HR 4171 IH (c) ASSIGNMENT OF LICENSES THROUGH COMPETI- 1 TIVE BIDDING.— 2 (1) IN GENERAL.—Consistent with the transi- 3 tion facilitation plan submitted under paragraph (1) 4 of subsection (b) or the revised transition facilitation 5 plan submitted under paragraph (4)(A) of such sub- 6 section (including any modification of such plan by 7 the Commission under paragraph (5)(A) of such 8 subsection), as the case may be, the Commission 9 shall— 10 (A) allocate the spectrum to be cleared in 11 each geographic area in the continental United 12 States, as specified under subsection (b)(2)(A), 13 for terrestrial use (other than the use for which 14 such spectrum is allocated on the date of the 15 enactment of this Act); 16 (B) modify the spectrum usage rights of 17 each satellite operator providing service and 18 each end user using such spectrum (including 19 any such operator that is not part of the Tran- 20 sition Facilitator, as provided in subsection 21 (a)(2)) so as to effect the removal of the co-pri- 22 mary allocation protection afforded to such op- 23 erator with respect to the use of such spectrum 24 for satellite service (except with respect to a 25 VerDate Sep 11 2014 03:39 Aug 16, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4171.IH H4171 kjohnson on DSK79L0C42 with BILLS 13 •HR 4171 IH limited number of telemetry, tracking, and com- 1 mand sites, as the Commission considers nec- 2 essary); and 3 (C) through a system of competitive bid- 4 ding under section 309(j) of the Communica- 5 tions Act of 1934 (47 U.S.C. 309(j)), as [Text truncated for display. 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