A bill to require the Federal Communications Commission to auction spectrum for a free and open access wireless service.

Summary: Open Wireless Internet Act - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to promote nationwide broadband competition through the use of wireless services by issuing nationwide licenses, for a term of at least 15 years, for two bands of frequencies, each composed of 20 megahertz of unpaired contiguous spectrum, one band under 3 gigahertz and not part of the recovered analog spectrum and the other band between 2155 and 2180 megahertz.

Requires the FCC to ensure that licensees of spectrum obtained under these provisions are fully protected from, and fully protect, licensees of adjacent spectrum from harmful interference, including receiver overload and excessive out-of-band emissions.

Requires licensees, among other things, to offer to consumers and authorized public safety users, without subscription, airtime, usage, or other charges, a data service that is faster than 200 kilobits per second, allows users to access any lawful content of their choice, and has an option that prevents underage users from accessing obscene or indecent material. Requires congressional approval before modification of any of these requirements takes effect.

Requires a separate rule-making or other procedures for licensing through auction additional unpaired contiguous spectrum of 20 megahertz below 3 gigahertz, but states that the auction shall be conducted without the conditions specified in the immediately preceding paragraph unless the FCC finds it is in the public interest.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Open Wireless Internet Act''.

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:
            ``(17) Open access spectrum auction.--
                    ``(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--
                            ``(i) each of which shall be composed of 20 
                        megahertz of unpaired contiguous spectrum;
                            ``(ii) the initial band of which shall be 
                        spectrum located between 2155 and 2180 
                        megahertz, inclusive; and
                            ``(iii) the second band of which shall be 
                        spectrum that--
                                    ``(I) is located under 3 gigahertz; 
                                and
                                    ``(II) is not part of the recovered 
                                analog spectrum, as such term is 
                                defined in paragraph (15)(C)(vi).
                    ``(B) Deadlines for initial auction.--The 
                Commission shall carry out the initial auctions 
                required by this paragraph by--
                            ``(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; and
                            ``(ii) depositing the proceeds of such 
                        auction in accordance with paragraph (8)(A) not 
                        later than 210 days after such date of 
                        enactment.
                    ``(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.
                    ``(D) Interference protection.--
                            ``(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.
                            ``(ii) Preventing harmful interference.--
                                    ``(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.
                                    ``(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.
                            ``(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.
                            ``(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.
                    ``(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--
                            ``(i) make available spectrally efficient 
                        nationwide broadband services; and
                            ``(ii) promote the goals listed in 
                        subparagraphs (B), (D), and (F) of paragraph 
                        (4).
                    ``(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--
                            ``(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;
                            ``(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;
                            ``(iii) offer all services on such spectrum 
                        consistent with the following principles:
                                    ``(I) Users are entitled to access 
                                any lawful content of their choice.
                                    ``(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.
                                    ``(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;
                            ``(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;
                            ``(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; and
                            ``(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.
                    ``(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.
                    ``(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.
                    ``(I) Biennial broadband spectrum utilization 
                report.--
                            ``(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.
                            ``(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.
                            ``(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.
                            ``(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.''.