II 

116TH CONGRESS 

2D SESSION S. 4234 

To require the Secretary of Commerce to identify a certain amount of Federal 

spectrum to be reallocated for mobile and fixed wireless broadband use, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 21, 2020 

Mr. CRUZ (for himself and Mr. CORNYN) introduced the following bill; which 

was read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

To require the Secretary of Commerce to identify a certain 

amount of Federal spectrum to be reallocated for mobile 

and fixed wireless broadband use, 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 ‘‘Ensuring Public Safe5 ty’s Access to Airwaves Act of 2020’’. 


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1 SEC. 2. REPEAL OF REQUIREMENT TO REALLOCATE PUB2 LIC SAFETY SPECTRUM. 

3 (a) IN GENERAL.—Section 6103 of the Middle Class 

4 Tax Relief and Job Creation Act of 2012 (47 U.S.C. 

5 1413) is repealed. 

6 (b) CONFORMING AMENDMENT.—The table of con7 tents for the Middle Class Tax Relief and Job Creation 

8 Act of 2012 (Public Law 112–96; 126 Stat. 156) is 

9 amended by striking the item relating to section 6103. 

10 SEC. 3. AVAILABILITY OF FEDERAL SPECTRUM. 

11 (a) DEFINITIONS.—In this section— 

12 (1) the term ‘‘Assistant Secretary’’ means the 

13 Assistant Secretary of Commerce for Communica14 tions and Information; 

15 (2) the term ‘‘broadband internet access serv16 ice’’ has the meaning given the term in section 

17 8.1(b) of title 47, Code of Federal Regulations, or 

18 any successor regulation; 

19 (3) the term ‘‘Commission’’ means the Federal 

20 Communications Commission; 

21 (4) the term ‘‘Federal spectrum’’ means a band 

22 of frequency that is allocated on a primary basis for 

23 Federal Government use; 

24 (5) the term ‘‘Secretary’’ means the Secretary 

25 of Commerce; and 


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1 (6) the term ‘‘system of competitive bidding’’ 

2 means a system of competitive bidding under section 

3 309(j) of the Communications Act of 1934 (47 

4 U.S.C. 309(j)). 

5 (b) IDENTIFICATION.— 

6 (1) IN GENERAL.—Not later than December 31, 

7 2020, and subject to paragraphs (2) and (3), the 

8 Secretary, acting through the Assistant Secretary, 

9 shall identify not less than 42 megahertz of Federal 

10 spectrum below the frequency of 10500 megahertz 

11 that shall be reallocated for the provision of private 

12 commercial mobile and fixed wireless broadband 

13 internet access service. 

14 (2) CONSIDERATIONS.—In making the identi15 fication required under paragraph (1), the Secretary, 

16 acting through the Assistant Secretary, shall con17 sider, with respect to the reallocation described in 

18 that paragraph— 

19 (A) the need to preserve critical existing 

20 and planned capabilities of the Federal Govern21 ment; 

22 (B) the impact of that reallocation on the 

23 existing capabilities of State, local, and tribal 

24 governments; 


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1 (C) the international implications of that 

2 reallocation; 

3 (D) the need for appropriate enforcement 

4 mechanisms and authorities; and 

5 (E) the importance of the deployment of 

6 wireless broadband internet access service in 

7 rural areas of the United States. 

8 (3) NON-ELIGIBLE SPECTRUM.—The following 

9 spectrum shall be ineligible for the identification re10 quired under paragraph (1): 

11 (A) The bands of frequencies between 470 

12 and 512 megahertz (commonly known as the 

13 ‘‘T-Band spectrum’’). 

14 (B) The frequencies with respect to which 

15 the Commission has granted a license to the 

16 First Responder Network Authority under sec17 tion 6201 of the Middle Class Tax Relief and 

18 Job Creation Act of 2012 (47 U.S.C. 1421). 

19 (c) AUCTION.—Not later than December 31, 2021, 

20 the Commission shall— 

21 (1) reallocate the spectrum identified under 

22 subsection (b); and 


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1 (2) begin a system of competitive bidding to 

2 grant new initial licenses for the use of the spectrum 

3 described in paragraph (1). 

Æ 


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