S 3420 ISCommentsClose CommentsPermalink

To require the Federal Communications Commission to auction spectrum for a free and open access wireless service.CommentsClose CommentsPermalink

August 1, 2008CommentsClose CommentsPermalink

Mr. WYDEN introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

To require the Federal Communications Commission to auction spectrum for a free and open access wireless service.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Open Wireless Internet Act’.CommentsClose CommentsPermalink

SEC. 2. OPEN ACCESS SPECTRUM AUCTION.

Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(17) OPEN ACCESS SPECTRUM AUCTION-CommentsClose CommentsPermalink





‘(A) AUCTIONS REQUIRED- The Commission shall promote nationwide broadband competition through the use of wireless services by issuing nationwide licenses, for a term of not less than 15 years, for 2 bands of frequencies that consist of an initial band and a second band of frequencies--CommentsClose CommentsPermalink





‘(i) each of which shall be composed of 20 megahertz of unpaired contiguous spectrum;CommentsClose CommentsPermalink





‘(ii) the initial band of which shall be spectrum located between 2155 and 2180 megahertz, inclusive; andCommentsClose CommentsPermalink





‘(iii) the second band of which shall be spectrum that--CommentsClose CommentsPermalink





‘(I) is located under 3 gigahertz; andCommentsClose CommentsPermalink





‘(II) is not part of the recovered analog spectrum, as such term is defined in paragraph (15)(C)(vi).CommentsClose CommentsPermalink





‘(B) DEADLINES FOR INITIAL AUCTION- The Commission shall carry out the initial auctions required by this paragraph by--CommentsClose CommentsPermalink





‘(i) commencing an auction of a single nationwide license for the initial band described in subparagraph (A)(ii) not later than 180 days after the date of enactment of the Open Wireless Internet Act of 2008; andCommentsClose CommentsPermalink





‘(ii) depositing the proceeds of such auction in accordance with paragraph (8)(A) not later than 210 days after such date of enactment.CommentsClose CommentsPermalink





‘(C) SECOND AUCTION- The Commission shall commence and complete a separate rule-making or other procedures for licensing through auction additional unpaired contiguous spectrum of 20 megahertz below 3 gigahertz within 1 year of such date of enactment. Such auction shall be conducted without the conditions specified in subparagraph (F) unless the Commission finds it is in the public interest to do so pursuant to a rulemaking.CommentsClose CommentsPermalink





‘(D) INTERFERENCE PROTECTION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- The Commission shall ensure that licensees of spectrum obtained pursuant to an auction under this paragraph do not cause harmful interference to, and are protected from harmful interference from, licensees of adjacent spectrum, including by establishing technical and operational rules that are consistent with technical specifications established by telecommunications standards bodies for use of the 2110 through 2170 megahertz band.CommentsClose CommentsPermalink





‘(ii) PREVENTING HARMFUL INTERFERENCE-CommentsClose CommentsPermalink





‘(I) STUDY- The Commission shall conduct a study on the potential for harmful interference between spectrum bands from operations in the spectrum band described under subparagraph (A)(ii), including receiver overload, excessive out-of-band emissions, mobile-to-mobile interference for voice and data services, and the mitigating effect, if any, of handset filters installed in mobile stations used in adjacent spectrum bands.CommentsClose CommentsPermalink





‘(II) CONTENTS OF STUDY- The study required under subclause (I) shall reflect real deployment conditions and actual equipment that has either been deployed, or is expected to be deployed, in the adjacent spectrum bands and the band described under subparagraph (A)(ii) at the time of the study.CommentsClose CommentsPermalink





‘(iii) TIMING AND INPUT- Not later than 60 days after the date of enactment of the Open Wireless Internet Act, the Commission shall commence the study required under clause (ii). The Commission shall solicit the input and expertise of the National Telecommunications and Information Administration and other parties and organizations, as recommended by the Institute of Electrical and Electronics Engineers, for help in conducting the study.CommentsClose CommentsPermalink





‘(iv) ADOPTION OF TECHNICAL RULES- Based on the results of the study required under clause (ii), the Commission shall adopt technical rules to ensure that licensees of spectrum obtained under this paragraph are fully protected from, and fully protect, licensees of adjacent spectrum from harmful interference, including receiver overload and excessive out-of-band emissions.CommentsClose CommentsPermalink





‘(E) SERVICE AND AUCTION RULES- At least 30 days prior to the deadlines established in subparagraphs (B)(i) and (C), the Commission shall promulgate service and auction rules for the licenses issued under subparagraphs (B) and (C) that--CommentsClose CommentsPermalink





‘(i) make available spectrally efficient nationwide broadband services; andCommentsClose CommentsPermalink





‘(ii) promote the goals listed in subparagraphs (B), (D), and (F) of paragraph (4).CommentsClose CommentsPermalink





‘(F) CONTENT OF SERVICE REQUIREMENTS RULES FOR AUCTIONED SPECTRUM- The Commission shall promulgate such rules and regulations as are necessary to require, as conditions of the licenses for the use of the frequencies auctioned under this paragraph, that the licensees shall--CommentsClose CommentsPermalink





‘(i) offer, at a minimum, always-on wireless Internet services within 2 years from the date of receipt of the license, and complete the construction of such wireless network with a signal covering at least 95 percent of the population of the United States and its territories within 10 years from the initial operation of the network;CommentsClose CommentsPermalink





‘(ii) offer a data service that is faster than 200 kilobits per second one way (subject to subparagraph (G)) for free to consumers and authorized public safety users without subscription, airtime, usage, or other charges;CommentsClose CommentsPermalink





‘(iii) offer all services on such spectrum consistent with the following principles:CommentsClose CommentsPermalink





‘(I) Users are entitled to access any lawful content of their choice.CommentsClose CommentsPermalink





‘(II) Users are entitled to run any application and use any Internet service of their choice subject to limitations necessary for legitimate law enforcement purposes.CommentsClose CommentsPermalink





‘(III) Users may connect their choice of legal device to the network so long as that device does not harm the network or substantially interfere with access of other individuals to the network;CommentsClose CommentsPermalink





‘(iv) consistent with section 230 of this Act, offer such free data service with an option available to the user at the time of initial connection or configuration of a connected device, to have that service filtered by means of a technology protection measure or measures that prevent underage users from accessing obscene or indecent material through such service;CommentsClose CommentsPermalink





‘(v) provide such free data services on a wireless network that permits open access to affiliated and unaffiliated consumer devices by providing, publicly and royalty-free, published technical standards for developing and deploying subscriber equipment that can operate on the network subject to this paragraph; andCommentsClose CommentsPermalink





‘(vi) provide such free data services using advanced and spectrally efficient wireless technologies that provide services to the largest feasible number of users and encourages broadband competition making broadband services more available and affordable.CommentsClose CommentsPermalink





‘(G) REVIEW OF FREE DATA SERVICE REQUIREMENT- The Commission shall evaluate whether the speed of free services under subparagraph (F) should be increased in light of consumer demand, developments in wireless broadband technologies, and the public interest and shall conduct the first such evaluation 3 years after the licensee commences operations, and shall conduct subsequent evaluations every 3 years thereafter.CommentsClose CommentsPermalink





‘(H) CONGRESSIONAL APPROVAL- Modification of any of the requirements described under subparagraph (F) shall receive the approval of Congress before any such modification is allowed to take effect.CommentsClose CommentsPermalink





‘(I) BIENNIAL BROADBAND SPECTRUM UTILIZATION REPORT-CommentsClose CommentsPermalink





‘(i) Beginning in March of 2009, the Commission and the National Telecommunications and Information Administration shall jointly review competitive market conditions with respect to availability and affordability of broadband as well as the state of utilization of spectrum under the Commission’s and the Administration’s respective jurisdictions. Thereafter, the Commission and the Administration shall provide Congress a joint biannual report of their findings.CommentsClose CommentsPermalink





‘(ii) Such reports shall consider the state-of-the-art efficient use of all spectrum bands and shall include the basis on which such utilization and efficiency are determined.CommentsClose CommentsPermalink





‘(iii) In making their recommendations, the Commission and the Administration shall expressly consider the technological advances in commercial use of the spectrum as well as other relevant uses including public safety, national defense and other uses as determined by the public interest.CommentsClose CommentsPermalink





‘(iv) The joint report shall also provide specific recommendations for the reallocation or reassignment of spectrum found to be underutilized in light of the public interest, necessity and convenience found in promoting broadband availability and affordability. In the joint report, the Commission and the Administration shall also recommend to Congress any statutory changes that would be required to implement any such reassignment or reallocation within 24 months of the report.’.CommentsClose CommentsPermalink