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II
116TH CONGRESS
1ST SESSION
S. 2881
To require the Federal Communications Commission to make not less than
280 megahertz of spectrum available for terrestrial use, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
NOVEMBER 18, 2019
Mr. WICKER (for himself and Mr. THUNE) introduced the following bill; which
was read twice and referred to the Committee on Commerce, Science, and
Transportation
A BILL
To require the Federal Communications Commission to make
not less than 280 megahertz of spectrum available for
terrestrial use, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘5G Spectrum Act of
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2019’’.
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SEC. 2. DEFINITIONS.
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In this Act:
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(1) COMMISSION.—The term ‘‘Commission’’
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means the Federal Communications Commission.
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•S 2881 IS
(2) COVERED
BAND.—The term ‘‘covered
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band’’ means the band of frequencies between 3700
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megahertz and 4200 megahertz, inclusive.
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(3) GROSS PROCEEDS.—The term ‘‘gross pro-
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ceeds’’ means cash proceeds before compensation or
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relocation (as described in section 3(b)).
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SEC. 3. MAKING 280 MEGAHERTZ AVAILABLE.
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(a) AUCTION.—Not later than December 31, 2020,
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the Commission shall initiate a system of competitive bid-
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ding under section 309(j) of the Communications Act of
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1934 (47 U.S.C. 309(j)), without regard to paragraph
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(15) of that section, to make available for terrestrial use
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not less than 280 megahertz of spectrum, exclusive of
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guard bands, from the covered band.
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(b) RECOVERY.—Not later than December 31, 2022,
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the Commission shall recover the gross proceeds attrib-
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utable to the auction conducted under subsection (a), less
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the cost of—
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(1) relocation of incumbent licensed or reg-
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istered receive-only earth station operators operating
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in the covered band; and
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(2) relocation and compensation of—
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(A) licensees of spectrum in the covered
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band; or
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•S 2881 IS
(B) grantees of market access rights in the
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contiguous United States to spectrum in the
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covered band.
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(c) TREATMENT
OF REVENUES.—Notwithstanding
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section 309(j)(8) of the Communications Act of 1934 (47
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U.S.C. 309(j)(8)), of the gross proceeds attributable to the
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auction conducted under subsection (a) of this section, the
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Commission—
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(1) shall deposit not less than 50 percent in the
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Treasury in accordance with chapter 33 of title 31,
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United States Code; and
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(2) notwithstanding section 3302 of title 31,
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United States Code, may transfer a portion of the
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gross proceeds remaining after compliance with
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paragraph (1) of this subsection to licensees or
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grantees of market access rights that relinquish
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their rights to use spectrum in the covered band for
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purposes of subsection (a) of this section.
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Æ
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