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I
116TH CONGRESS
2D SESSION
H. R. 8545
To provide for the reallocation and auction of the electromagnetic spectrum
between the frequencies of 3450 megahertz and 3550 megahertz, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 6, 2020
Mr. WALDEN (for himself, Mr. LATTA, and Mr. GUTHRIE) introduced the
following bill; which was referred to the Committee on Energy and Commerce
A BILL
To provide for the reallocation and auction of the electro-
magnetic spectrum between the frequencies of 3450
megahertz and 3550 megahertz, 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 ‘‘Beat China by Har-
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nessing Important, National Airwaves for 5G Act of
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2020’’ or the ‘‘Beat CHINA for 5G Act of 2020’’.
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•HR 8545 IH
SEC. 2. REALLOCATION AND AUCTION OF 3450–3550 MHZ
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SPECTRUM BAND.
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(a) WITHDRAWAL OR MODIFICATION OF FEDERAL
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GOVERNMENT
ASSIGNMENTS.—The President, acting
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through the Assistant Secretary of Commerce for Commu-
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nications and Information, shall—
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(1) not later than 180 days after the date of
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the enactment of this Act, in coordination with rel-
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evant Federal users, begin the process (if necessary)
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of withdrawing or modifying the assignments to
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Federal Government stations of the electromagnetic
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spectrum between the frequencies of 3450 megahertz
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and 3550 megahertz, inclusive; and
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(2) not later than 30 days after completing any
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such necessary withdrawal or modification under
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paragraph (1), notify the Commission that the with-
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drawal or modification is complete.
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(b) REALLOCATION AND AUCTION.—
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(1) IN GENERAL.—The Commission shall—
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(A) revise the non-Federal allocation for
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the electromagnetic spectrum between the fre-
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quencies of 3450 megahertz and 3550 mega-
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hertz, inclusive, to permit flexible-use services;
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and
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(B) notwithstanding paragraph (15)(A) of
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section 309(j) of the Communications Act of
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•HR 8545 IH
1934 (47 U.S.C. 309(j)), not later than Decem-
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ber 31, 2021, begin a system of competitive
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bidding under such section to grant new initial
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licenses for the use of such spectrum, subject to
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flexible-use service rules.
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(2) EXEMPTION FROM NOTIFICATION REQUIRE-
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MENT.—The first sentence of section 113(g)(4)(A)
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of the National Telecommunications and Informa-
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tion Administration Organization Act (47 U.S.C.
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923(g)(4)(A)) shall not apply with respect to the
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system of competitive bidding required by paragraph
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(1)(B).
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(3) PROCEEDS TO COVER 110 PERCENT OF FED-
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ERAL RELOCATION OR SHARING COSTS.—Nothing in
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paragraph (1) shall be construed to relieve the Com-
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mission
from
the
requirements
of
section
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309(j)(16)(B) of the Communications Act of 1934
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(47 U.S.C. 309(j)(16)(B)).
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(c) COMMISSION DEFINED.—In this section, the term
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‘‘Commission’’ means the Federal Communications Com-
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mission.
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Æ
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