Ensuring Public Safety’s Access to Airwaves Act of 2020

II 116TH CONGRESS 2D SESSION S. 4234 To require the Secretary of Commerce to identify a certain amount of Federal spectrum to be reallocated for mobile and fixed wireless broadband use, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 21, 2020 Mr. CRUZ (for himself and Mr. CORNYN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Commerce to identify a certain amount of Federal spectrum to be reallocated for mobile and fixed wireless broadband 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. 3 This Act may be cited as the ‘‘Ensuring Public Safe- 4 ty’s Access to Airwaves Act of 2020’’. 5 VerDate Sep 11 2014 18:47 Aug 01, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4234.IS S4234 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 4234 IS SEC. 2. REPEAL OF REQUIREMENT TO REALLOCATE PUB- 1 LIC SAFETY SPECTRUM. 2 (a) IN GENERAL.—Section 6103 of the Middle Class 3 Tax Relief and Job Creation Act of 2012 (47 U.S.C. 4 1413) is repealed. 5 (b) CONFORMING AMENDMENT.—The table of con- 6 tents for the Middle Class Tax Relief and Job Creation 7 Act of 2012 (Public Law 112–96; 126 Stat. 156) is 8 amended by striking the item relating to section 6103. 9 SEC. 3. AVAILABILITY OF FEDERAL SPECTRUM. 10 (a) DEFINITIONS.—In this section— 11 (1) the term ‘‘Assistant Secretary’’ means the 12 Assistant Secretary of Commerce for Communica- 13 tions and Information; 14 (2) the term ‘‘broadband internet access serv- 15 ice’’ has the meaning given the term in section 16 8.1(b) of title 47, Code of Federal Regulations, or 17 any successor regulation; 18 (3) the term ‘‘Commission’’ means the Federal 19 Communications Commission; 20 (4) the term ‘‘Federal spectrum’’ means a band 21 of frequency that is allocated on a primary basis for 22 Federal Government use; 23 (5) the term ‘‘Secretary’’ means the Secretary 24 of Commerce; and 25 VerDate Sep 11 2014 18:47 Aug 01, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4234.IS S4234 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 4234 IS (6) the term ‘‘system of competitive bidding’’ 1 means a system of competitive bidding under section 2 309(j) of the Communications Act of 1934 (47 3 U.S.C. 309(j)). 4 (b) IDENTIFICATION.— 5 (1) IN GENERAL.—Not later than December 31, 6 2020, and subject to paragraphs (2) and (3), the 7 Secretary, acting through the Assistant Secretary, 8 shall identify not less than 42 megahertz of Federal 9 spectrum below the frequency of 10500 megahertz 10 that shall be reallocated for the provision of private 11 commercial mobile and fixed wireless broadband 12 internet access service. 13 (2) CONSIDERATIONS.—In making the identi- 14 fication required under paragraph (1), the Secretary, 15 acting through the Assistant Secretary, shall con- 16 sider, with respect to the reallocation described in 17 that paragraph— 18 (A) the need to preserve critical existing 19 and planned capabilities of the Federal Govern- 20 ment; 21 (B) the impact of that reallocation on the 22 existing capabilities of State, local, and tribal 23 governments; 24 VerDate Sep 11 2014 18:47 Aug 01, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4234.IS S4234 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 4234 IS (C) the international implications of that 1 reallocation; 2 (D) the need for appropriate enforcement 3 mechanisms and authorities; and 4 (E) the importance of the deployment of 5 wireless broadband internet access service in 6 rural areas of the United States. 7 (3) NON-ELIGIBLE SPECTRUM.—The following 8 spectrum shall be ineligible for the identification re- 9 quired under paragraph (1): 10 (A) The bands of frequencies between 470 11 and 512 megahertz (commonly known as the 12 ‘‘T-Band spectrum’’). 13 (B) The frequencies with respect to which 14 the Commission has granted a license to the 15 First Responder Network Authority under sec- 16 tion 6201 of the Middle Class Tax Relief and 17 Job Creation Act of 2012 (47 U.S.C. 1421). 18 (c) AUCTION.—Not later than December 31, 2021, 19 the Commission shall— 20 (1) reallocate the spectrum identified under 21 subsection (b); and 22 VerDate Sep 11 2014 18:47 Aug 01, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4234.IS S4234 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 4234 IS (2) begin a system of competitive bidding to 1 grant new initial licenses for the use of the spectrum 2 described in paragraph (1). 3 Æ VerDate Sep 11 2014 18:47 Aug 01, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S4234.IS S4234 pbinns on DSKJLVW7X2PROD with BILLS