Sec. 3. Public auction of C-band spectrum
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Not earlier than June 1, 2021, and not later than December 31, 2021, the Commission shall— identify not less than 200 megahertz of the electromagnetic spectrum described in subsection
(b)for reallocation consistent with this section; clear the spectrum identified under paragraph
(1)consistent with subsection (f); reallocate the spectrum identified under paragraph
(1)for terrestrial broadband use, reserving 20 megahertz of the spectrum as a guard band; and notwithstanding paragraph (15)(A) of section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) ), begin a system of competitive bidding under that section to grant new initial licenses for the use of the spectrum identified under paragraph
(1)of this subsection, subject to— flexible-use service rules; and the requirement to protect incumbent uses of the spectrum not otherwise cleared under paragraph
(2)of this subsection from harmful interference. The electromagnetic spectrum described in this subsection is the spectrum between 3700 megahertz and 4200 megahertz, inclusive. Section 309(j)(8) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8) ) is amended— in subparagraph (A), by striking and
(G)and inserting (G), and
(H); in subparagraph (C)(i), by striking and
(G)and inserting (G), and
(H); and by adding at the end the following: Notwithstanding subparagraph
(A)and except as provided in subparagraph (B), the proceeds (including deposits and upfront payments from successful bidders) from the use of a system of competitive bidding under this subsection pursuant to section 3 of the Investing in America's Digital Infrastructure Act shall be deposited in the Digital Divide Trust Fund established under section 4 of the Investing in America's Digital Infrastructure Act . . The Commission shall issue any new licenses or license modifications required to clear electromagnetic spectrum under subsection (a)(2) as expeditiously as possible after the date of enactment of this Act. The right of a licensee to protest a proposed order of modification of its license under section 316 of the Communications Act of 1934 ( 47 U.S.C. 316 ) shall not apply in the case of a modification made under subparagraph
(A)of this paragraph. The Commission shall clear electromagnetic spectrum under subsection (a)(2) in a manner that ensures that persons or entities that used the spectrum before the clearing of the spectrum receive— service that is equivalent to or better than the service received before the clearing of the spectrum; and service at a level described in subparagraph
(A)continuously throughout the clearing of the spectrum.
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