Sec. 2. Promoting unlicensed spectrum
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In this section: The term Commission means the Federal Communications Commission. The term Dedicated Short-Range Communications Services has the meaning given the term in section 90.7 of title 47, Code of Federal Regulations. The term Dynamic Frequency Selection has the meaning given the term in section 15.403 of title 47, Code of Federal Regulations. 5850–5925 MHz band The term 5850–5925 MHz band has the meaning given the term in section 6406(c) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1453(c) ).
The term NTIA means the National Telecommunications and Information Administration. The term technical rules suitable for the widespread commercial development of unlicensed operations means technical rules that, to the maximum extent feasible— permit outdoor unlicensed operations; permit unlicensed operations at a maximum conducted transmitter output power limit of not less than 1 watt; and do not require unlicensed devices to employ Dynamic Frequency Selection. The Commission shall modify title 47, Code of Federal Regulations, to provide additional unlicensed spectrum in the 5850–5925 MHz band under technical rules suitable for the widespread commercial development of unlicensed operations in the band, as specified under paragraph (2).
The NTIA shall facilitate the modification described in subparagraph
(A)by cooperating with the Commission to identify the spectrum management actions necessary to accommodate the regulatory changes specified under paragraph (2). Not later than 3 months after the date of enactment of this Act, the Office of Engineering and Technology of the Commission shall issue a public notice seeking comment on proposals for— interference-mitigation techniques and technologies, and potential rechannelization, that would accommodate both incumbent licensees, including Dedicated Short Range Communications Services licensees, and widespread commercial unlicensed operations in the 5850–5925 MHz band; and deployment timelines for the technologies described in subclause (I). The NTIA, in response to the public notice issued under clause (i), shall publicly submit to the Office of Engineering and Technology a description of any current and anticipated further Federal uses of the 5850–5925 MHz band. Not later than 6 months after the date of enactment of this Act, the Commission shall, in consultation with the Department of Transportation and the NTIA, develop and publish a test plan, including a timeline, for the use of unlicensed devices in the 5850–5925 MHz band. The test plan developed and published under clause
(i)shall be designed to allow the Commission to evaluate technologies for allowing unlicensed devices to utilize the 5850–5925 MHz band without causing harmful interference to incumbent licensees, including Dedicated Short Range Communications Services licensees. The Commission may choose to test multiple methods of sharing the 5850–5925 MHz band. In developing the test plan under clause (i), the Commission shall consider— the comments filed in response to the public notice issued under subparagraph (A)(i); the comments filed in response to ET Docket No. 13–49; the functions currently authorized under exclusive allocation that could be performed by unlicensed or shared spectrum; whether a system of priority access could substitute for exclusive licensing and, if so, whether the system of priority access should be confined to— particular portions of the 5850–5925 MHz band; and functions critical for dedicated short-range communications crash avoidance; whether non-exclusive licensing or other forms of shared spectrum access could substitute for exclusive licensing; whether the Commission could promulgate rules to migrate existing licensees to an alternative band; whether, to protect critical public safety communications, the Commission could allow sharing in only a portion of the 5850–5925 MHz spectrum; and whether shared use or a system of priority access— causes harmful interference to incumbent licensees; or compromises safety-of-life uses by incumbent licensees that are necessary for advancing motor vehicle safety. Not later than 15 months after the date of enactment of this Act, the Commission, in consultation with the Department of Transportation and the NTIA, shall— conduct testing in accordance with the test plan developed under subparagraph (B); publish a summary of the results of the testing to the docket relating to the 5850–5925 MHz band; and reference the results of the testing and the comments filed under subparagraph
(A)in determining unlicensed device use of the 5850–5925 MHz band. Not later than 24 months after the date of enactment of this Act— if the Commission determines that a mitigation technology, rechannelization, or other approach would allow unlicensed operations in the 5850–5925 MHz band that will not cause harmful interference to existing licensees of that band, the Commission shall modify part 15 of title 47, Code of Federal Regulations, to adopt technical rules suitable for the widespread commercial deployment of unlicensed operations for the 5850–5925 MHz band; or if the Commission determines that no mitigation technology, rechannelization, or other sharing approach would prevent unlicensed operations in the 5850–5925 MHz band from causing harmful interference to existing licensees of that band, the Commission— shall provide notification of the determination to— Congress; the Department of Transportation; and the NTIA; and may not modify part 15 of title 47, Code of Federal Regulations, to adopt technical rules suitable for the widespread commercial deployment of unlicensed operations for the 5850–5925 MHz band until the Commission can ensure that such operations will not cause harmful interference to existing licensees of that band. The Commission shall modify subpart M of part 90 of title 47, Code of Federal Regulations (relating to the Intelligent Transportation Systems radio service), and subpart L of part 95 of title 47, Code of Federal Regulations (relating to dedicated short-range communications service on-board units), if the Commission determines that such a modification would maximize the utility of the 5850–5925 MHz band while protecting existing licensees from harmful interference.
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Sec. 2
Promoting unlicensed spectrum
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