Sec. 3. Making 500 megahertz available
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Consistent with the Presidential Memorandum of June 28, 2010, entitled Unleashing the Wireless Broadband Revolution and establishing a goal of making a total of 500 megahertz of Federal and non-Federal spectrum available on a licensed or unlicensed basis for wireless broadband use by 2020, not later than December 31, 2020, the Secretary, working through the NTIA, and the Commission shall make available a total of at least 255 megahertz of Federal and non-Federal spectrum below the frequency of 6000 megahertz for mobile and fixed wireless broadband use.
Of the spectrum made available under paragraph (1), not less than— 100 megahertz shall be made available on an unlicensed basis; and 100 megahertz shall be made available on an exclusive, licensed basis for commercial mobile use, pursuant to the Commission's authority to implement such licensing in a flexible manner, and subject to potential continued use of such spectrum by incumbent Federal entities in designated geographic areas indefinitely or for such length of time stipulated in transition plans approved by the Technical Panel under section 113(h) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(h) ) for those incumbent entities to be relocated to alternate spectrum.
For purposes of satisfying the requirement under paragraph (1), the following spectrum shall not be counted: The frequencies between 1695 and 1710 megahertz. The frequencies between 1755 and 1780 megahertz. The frequencies between 2155 and 2180 megahertz. The frequencies between 3550 and 3700 megahertz. Spectrum that the Commission determines had more than de minimis mobile or fixed wireless broadband operations within the band on the day before the date of enactment of this Act.
This section shall be carried out in accordance with section 113(j) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(j) ). In making spectrum available under this section, the Secretary and Commission shall consider— the need to preserve critical existing and planned Federal Government capabilities; the impact on existing State, local, and tribal government capabilities; the international implications; the need for appropriate enforcement mechanisms and authorities; and the importance of the deployment of wireless broadband services in rural areas of the United States.
Nothing in this section shall be construed— to impair or otherwise affect the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals; to require the disclosure of classified information, law enforcement sensitive information, or other information that must be protected in the interest of national security; or to affect any requirement under section 156 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 921 note), as added by section 1062(a) of the National Defense Authorization Act for Fiscal Year 2000, or any other relevant statutory requirement applicable to the reallocation of Federal spectrum.
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