II 

116TH CONGRESS 

2D SESSION S. 4809 

To direct the Federal Communications Commission to establish a new Tribal 

priority window for the 2.5 gigahertz band, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 19, 2020 

Ms. WARREN (for herself, Mr. MARKEY, Mr. MERKLEY, Ms. SMITH, Ms. 

HIRONO, Mr. UDALL, Mr. SCHATZ, Mr. WYDEN, Ms. KLOBUCHAR, Ms. 

CORTEZ MASTO, Ms. BALDWIN, Ms. ROSEN, and Mr. KING) introduced 

the following bill; which was read twice and referred to the Committee 

on Commerce, Science, and Transportation 

A BILL 

To direct the Federal Communications Commission to establish a new Tribal priority window for the 2.5 gigahertz 

band, 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 ‘‘Extending Tribal 

5 Broadband Priority Act of 2020’’. 


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•S 4809 IS

1 SEC. 2. ESTABLISHMENT OF NEW 2.5 GHZ TRIBAL PRIORITY 

2 WINDOW. 

3 (a) COMMISSION DEFINED.—In this section, the term 

4 ‘‘Commission’’ means the Federal Communications Com5 mission. 

6 (b) NEW TRIBAL PRIORITY WINDOW.—The Commis7 sion shall— 

8 (1) not later than 30 days after the date of en9 actment of this Act, establish a new Tribal priority 

10 window for the 2.5 gigahertz band, under the same 

11 terms and conditions as the Tribal priority window 

12 established in the Report and Order in the matter 

13 of Transforming the 2.5 GHz Band adopted by the 

14 Commission on July 10, 2019 (FCC 19–62), for any 

15 portions of the band— 

16 (A) that remain available for assignment in 

17 accordance with that Report and Order; and 

18 (B) for which the Commission did not re19 ceive an application during the Tribal priority 

20 window established in that Report and Order; 

21 and 

22 (2) accept applications in the new window es23 tablished under paragraph (1) during the period 

24 that— 

25 (A) begins on the date on which the win26 dow is established; and 


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•S 4809 IS

1 (B) ends on the date that is 180 days after 

2 the date on which the window is established, or 

3 such later date as the Commission considers ap4 propriate. 

5 (c) EXCEPTION FROM CERTAIN PROCEDURAL RE6 QUIREMENTS.—To the extent that the Commission deter7 mines that section 553 of title 5, United States Code, 

8 chapter 6 of that title (commonly known as the ‘‘Regu9 latory Flexibility Act’’), subchapter I of chapter 35 of title 

10 44, United States Code (commonly known as the ‘‘Paper11 work Reduction Act’’), or any other provision of law would 

12 prevent the Commission from establishing the new Tribal 

13 priority window by the date required under paragraph (1) 

14 of subsection (b) or from beginning to accept applications 

15 in that window as required under paragraph (2)(A) of that 

16 subsection, that provision shall not apply to any action 

17 taken by the Commission, or any rule or order issued by 

18 the Commission, to establish that window or to begin ac19 cepting applications in that window (as the case may be). 

Æ 


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