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Code · BILL · 119th Congress · H.R. 1 (Engrossed in House) — To provide for reconciliation pursuant to title II of H. Con. Res. 14. · Sec. 43101

Sec. 43101. Identification and auction of spectrum

492 words·~2 min read·/bill/119/hr/1/eh/section-43101

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Not later than 2 years after the date of the enactment of this Act, the Assistant Secretary and the Commission shall identify, from spectrum in the covered band that is allocated for Federal use, non-Federal use, or shared Federal and non-Federal use, a total of not less than 600 megahertz of spectrum for reallocation for non-Federal use on an exclusive, licensed basis for mobile broadband services, fixed broadband services, mobile and fixed broadband services, or a combination thereof. The President, acting through the Assistant Secretary, shall— withdraw or modify the assignments to Federal Government stations of spectrum identified under paragraph
(1)as necessary for the Commission to comply with subsection (b); and not later than 30 days after completing any necessary withdrawal or modification under subparagraph (A), notify the Commission that the withdrawal or modification is complete. Nothing in this subsection may be construed to change the respective authorities of the Assistant Secretary and the Commission with respect to spectrum allocated for Federal use, non-Federal use, or shared Federal and non-Federal use. The Commission shall, through 1 or more systems of competitive bidding under section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) ), grant licenses for the use of the spectrum identified under subsection
(a)on an exclusive, licensed basis for mobile broadband services, fixed broadband services, mobile and fixed broadband services, or a combination thereof. Notwithstanding paragraph (15)(A) of section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) ), the Commission shall auction spectrum under paragraph
(1)of this subsection according to the following schedule: Not later than 3 years after the date of the enactment of this Act, the Commission shall complete 1 or more systems of competitive bidding for not less than 200 megahertz of such spectrum. Not later than 6 years after the date of the enactment of this Act, the Commission shall complete 1 or more systems of competitive bidding for any remaining spectrum required to be auctioned under paragraph
(1)after compliance with subparagraph
(A)of this paragraph. Nothing in this section may be construed to relieve the Commission from the requirements of section 309(j)(16)(B) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(16)(B) ). Section 309(j)(11) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(11) ) is amended by striking grant a license or permit under this subsection shall expire March 9, 2023 and all that follows and inserting complete a system of competitive bidding under this subsection shall expire September 30, 2034. . In this section: The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information. The term Commission means the Federal Communications Commission. The term covered band means the band of frequencies between 1.3 gigahertz and 10 gigahertz, inclusive. The term covered band does not include the following: The band of frequencies between 3.1 gigahertz and 3.45 gigahertz, inclusive. The band of frequencies between 5.925 gigahertz and 7.125 gigahertz, inclusive.
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Sec. 43101
Identification and auction of spectrum
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