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II
116TH CONGRESS
2D SESSION
S. 4803
To make the 3450–3550 MHz spectrum band available for non-Federal use.
IN THE SENATE OF THE UNITED STATES
OCTOBER 19, 2020
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 make the 3450–3550 MHz spectrum band available for
non-Federal use.
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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SEC. 2. REALLOCATION AND AUCTION OF 3450–3550 MHZ
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SPECTRUM BAND.
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(a) DEFINITIONS.—In this section—
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•S 4803 IS
(1) the term ‘‘Commission’’ means the Federal
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Communications Commission; and
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(2) the term ‘‘covered band’’ means the band of
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electromagnetic spectrum between the frequencies of
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3450 megahertz and 3550 megahertz, inclusive.
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(b) 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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enactment of this Act, in coordination with relevant
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Federal users, begin the process of withdrawing or
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modifying the assignments to Federal Government
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stations of the covered band as necessary for the
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Commission to comply with subsection (c); and
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(2) not later than 30 days after completing any
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necessary withdrawal or modification under para-
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graph (1), notify the Commission that the with-
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drawal or modification is complete.
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(c) 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 covered band to permit flexible-use services;
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and
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•S 4803 IS
(B) notwithstanding paragraph (15)(A) of
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section 309(j) of the Communications Act of
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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 that section to grant new initial
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licenses for the use of the covered band, subject
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to 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 under para-
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graph (1)(B) of this subsection.
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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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Æ
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