I 

110TH CONGRESS 

1ST SESSION H. R. 1320 

To protect important existing television band devices in the unassigned, nonlicensed television channels from harmful interference from new devices. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 5, 2007 

Mr. RUSH introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To protect important existing television band devices in the 

unassigned, non-licensed television channels from harmful interference from new devices. 

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 ‘‘Interference Protection 

5 for Existing Television Band Devices Act of 2007’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) The television spectrum is home not only to 

9 broadcasting, but also to other existing devices, in10 cluding wireless microphones. These other existing 


hmoore on PROD1PC68 with HMBILLS
2 

•HR 1320 IH

1 devices provide important services to the entertain2 ment, religious, news, sports, business, govern3 mental, public safety, and other industries and en4 able their content delivery to consumers. 

5 (2) There is spectrum available on unassigned, 

6 non-licensed television channels which potentially 

7 can support new devices. 

8 (3) Introducing these new devices without ade9 quate safeguards would cause harmful interference 

10 to other existing television band devices already op11 erating on the unassigned, non-licensed television 

12 channels. 

13 (4) Existing television band devices require pro14 tection from harmful interference to preserve their 

15 important operations. 

16 SEC. 3. CERTIFIED UNLICENSED DEVICE USE OF UNAS17 SIGNED TELEVISION CHANNELS. 

18 (a) FIXED DEVICE USE PERMITTED.—Subject to the 

19 limitations and conditions set forth in this section, the 

20 Commission shall permit fixed location, certified unli21 censed devices to use, on non-exclusive terms, unassigned, 

22 non-licensed television broadcast channels between 54 

23 megahertz and 698 megahertz in rural areas no sooner 

24 than February 17, 2009. 


hmoore on PROD1PC68 with HMBILLS
3 

•HR 1320 IH

1 (b) PROTECTION FROM HARMFUL INTERFERENCE

2 REQUIRED.—The Commission shall protect incumbent 

3 certified low-power auxiliary devices from harmful inter4 ference by— 

5 (1) requiring certification of unlicensed devices 

6 prior to permitting such devices to access or use un7 assigned, non-licensed television broadcast channels 

8 between 54 megahertz and 698 megahertz in rural 

9 areas, and requiring, as part of the certification, 

10 proof of successful completion of laboratory and field 

11 testing by an independent laboratory demonstrating 

12 that unlicensed devices do not cause harmful inter13 ference to incumbent certified low-power auxiliary 

14 devices; 

15 (2) prohibiting certified unlicensed devices from 

16 operating on any television broadcast channel be17 tween 54 megahertz and 698 megahertz that is al18 ready in use by an incumbent certified low-power 

19 auxiliary device; and 

20 (3) considering additional ways to protect in21 cumbent certified low-power auxiliary devices from 

22 harmful interference, such as reserving certain tele23 vision broadcast channels for exclusive use by incum24 bent certified low-power auxiliary devices. 


hmoore on PROD1PC68 with HMBILLS
4 

•HR 1320 IH

1 (c) NON-FIXED DEVICES.—The Commission may 

2 consider permitting the operation of non-fixed (personal/ 

3 portable) location, certified unlicensed devices to use the 

4 non-licensed television broadcast channels between 54 

5 megahertz and 698 megahertz no sooner than 36 months 

6 after the Commission’s first approval of the operation of 

7 a fixed location, certified unlicensed devices in the non8 licensed television broadcast channels under this section. 

9 (d) DEFINITIONS.—For the purposes of this section: 

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

11 means the Federal Communications Commission. 

12 (2) CERTIFIED UNLICENSED DEVICE.—The 

13 term ‘‘certified unlicensed device’’ means any unli14 censed device certified under the Communications 

15 Act of 1934 and satisfying the testing requirements 

16 of section 3(b)(1) of this Act, whose primary pur17 pose is to provide broadband service to rural areas. 

18 (3) INCUMBENT CERTIFIED LOW-POWER AUXIL19 IARY DEVICE.—The term ‘‘incumbent certified low20 power auxiliary device’’ means any certified low21 power wireless microphone, personal wireless mon22 itor, or other audio auxiliary equipment operating on 

23 television broadcast channels between 54 megahertz 

24 and 698 megahertz, used for entertainment, reli25 gious, news gathering, governmental, business, or 


hmoore on PROD1PC68 with HMBILLS
5 

•HR 1320 IH

1 personal consumer purposes to provide real-time, 

2 high-quality audio transmissions over distances of 

3 approximately 100 meters. 

4 (4) RURAL AREA.—The term ‘‘rural area’’ 

5 means any rural service area or rural statistical 

6 area, as defined by the Commission. 

Æ 


hmoore on PROD1PC68 with HMBILLS