I 

108TH CONGRESS 

1ST SESSION H. R. 363

To require the Federal Communications Commission to allocate additional 

spectrum for unlicensed use by wireless broadband devices, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 27, 2003

Mr. HONDA (for himself, Ms. DUNN, and Ms. LOFGREN) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL

To require the Federal Communications Commission to allocate additional spectrum for unlicensed use by wireless 

broadband devices, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Jumpstart Broadband 

5 Act’’. 

6 SEC. 2. ENCOURAGEMENT OF NEW TECHNOLOGIES. 

7 (a) UNLICENSED NATIONAL INFORMATION INFRA8 STRUCTURE DEVICES.—
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1 (1) IMMEDIATE ALLOCATION OF SPECTRUM.—

2 Within 180 days after the date of enactment of this 

3 Act, the Commission shall allocate not less than an 

4 additional 255 megahertz of contiguous spectrum in 

5 the 5 gigahertz band for unlicensed use by wireless 

6 broadband devices while ensuring that Department 

7 of Defense devices and systems are not com8 promised. 

9 (2) INTERFERENCE PROTECTION.—Within 180 

10 days after the date of enactment of this Act, the Na11 tional Telecommunications and Information Admin12 istration shall, after consultation with all interested 

13 agencies and parties, including the Department of 

14 Defense, establish standards for interference protec15 tion that is reasonably required to enable incumbent 

16 Federal government agency users of spectrum allo17 cated under paragraph (1) to continue to use that 

18 spectrum, and advise the Commission of those 

19 standards. 

20 (3) DEVICE REQUIREMENTS.—Within 360 days 

21 after the date of enactment of this Act, the Commis22 sion shall—

23 (A) with respect to spectrum allocation 

24 under paragraph (1), adopt minimal technical 
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1 and device rules to facilitate robust and effi2 cient use for wireless broadband devices; and 

3 (B) amend its rules to require that all 

4 wireless broadband devices manufactured after 

5 the effective date of those rules that operate in 

6 the spectrum allocated under paragraph (1)—

7 (i) be capable of 2-way digital commu8 nications; 

9 (ii) meet the interference protection 

10 standards established under paragraph (2). 

11 SEC. 3. DEFINITIONS. 

12 (a) IN GENERAL.—In this Act: 

13 (1) COMMISSION.—The term ‘‘Commission’’ 

14 means the Federal Communications Commission. 

15 (2) BROADBAND SERVICE.—The term 

16 ‘‘broadband service’’ means high rate digital trans17 mission service—

18 (A) via cable modem, digital subscriber 

19 line, wireless, satellite, or other telecommuni20 cations technology; and 

21 (B) capable of reliably transmitting voice, 

22 data, and/or video simultaneously between and 

23 among digital devices and between these devices 

24 and the Internet, on a consistent basis, at data 
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1 transfer rates no slower than those defined 

2 from time to time by the Commission. 

3 (3) WIRELESS BROADBAND DEVICE.—The term 

4 ‘‘wireless broadband device’’ includes—

5 (A) U–NII devices (as defined in section 

6 15.403(i) of title 47, Code of Federal Regula7 tions); and 

8 (B) other devices used to access wireless 

9 broadband services. 

10 (b) TERMS DEFINED IN THE COMMUNICATIONS ACT

11 OF 1934.—Except as provided in subsection (a), any term 

12 used in this Act that is defined in section 3 of the Commu13 nications Act of 1934 (47 U.S.C. 153) has the meaning 

14 given that term in that section.

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