II 

114TH CONGRESS 

1ST SESSION S. 424 

To promote unlicensed spectrum use in the 5 GHz band, to maximize the 

use of the band for shared purposes in order to bolster innovation 

and economic development, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 10, 2015 

Mr. RUBIO (for himself and Mr. BOOKER) introduced the following bill; which 

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

Transportation 

A BILL 

To promote unlicensed spectrum use in the 5 GHz band, 

to maximize the use of the band for shared purposes 

in order to bolster innovation and economic development, 

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 ‘‘Wi-Fi Innovation Act’’. 

5 SEC. 2. PROMOTING UNLICENSED SPECTRUM. 

6 (a) DEFINITIONS.—In this section: 

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

8 means the Federal Communications Commission. 


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1 (2) DEDICATED SHORT-RANGE COMMUNICA2 TIONS SERVICES.—The term ‘‘Dedicated Short3 Range Communications Services’’ has the meaning 

4 given the term in section 90.7 of title 47, Code of 

5 Federal Regulations. 

6 (3) DYNAMIC FREQUENCY SELECTION.—The 

7 term ‘‘Dynamic Frequency Selection’’ has the mean8 ing given the term in section 15.403 of title 47, 

9 Code of Federal Regulations. 

10 (4) 5850–5925 MHZ BAND.—The term ‘‘5850– 

11 5925 MHz band’’ has the meaning given the term 

12 in section 6406(c) of the Middle Class Tax Relief 

13 and Job Creation Act of 2012 (47 U.S.C. 1453(c)). 

14 (5) NTIA.—The term ‘‘NTIA’’ means the Na15 tional Telecommunications and Information Admin16 istration. 

17 (6) TECHNICAL RULES SUITABLE FOR THE

18 WIDESPREAD COMMERCIAL DEVELOPMENT OF UNLI19 CENSED OPERATIONS.—The term ‘‘technical rules 

20 suitable for the widespread commercial development 

21 of unlicensed operations’’ means technical rules that, 

22 to the maximum extent feasible— 

23 (A) permit outdoor unlicensed operations; 


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1 (B) permit unlicensed operations at a max2 imum conducted transmitter output power limit 

3 of not less than 1 watt; and 

4 (C) do not require unlicensed devices to 

5 employ Dynamic Frequency Selection. 

6 (b) MODIFICATION OF REGULATIONS TO PROMOTE

7 UNLICENSED USE IN THE 5 GHZ BAND.— 

8 (1) IN GENERAL.— 

9 (A) PROVISION OF ADDITIONAL UNLI10 CENSED SPECTRUM.—The Commission shall 

11 modify title 47, Code of Federal Regulations, to 

12 provide additional unlicensed spectrum in the 

13 5850–5925 MHz band under technical rules 

14 suitable for the widespread commercial develop15 ment of unlicensed operations in the band, as 

16 specified under paragraph (2). 

17 (B) NTIA COOPERATION.—The NTIA 

18 shall facilitate the modification described in 

19 subparagraph (A) by cooperating with the Com20 mission to identify the spectrum management 

21 actions necessary to accommodate the regu22 latory changes specified under paragraph (2). 

23 (2) REQUIRED ACTIONS AND MODIFICATIONS.— 

24 (A) IN GENERAL.— 


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1 (i) OFFICE OF ENGINEERING AND

2 TECHNOLOGY PUBLIC NOTICE.—Not later 

3 than 3 months after the date of enactment 

4 of this Act, the Office of Engineering and 

5 Technology of the Commission shall issue 

6 a public notice seeking comment on pro7 posals for— 

8 (I) interference-mitigation tech9 niques and technologies, and potential 

10 rechannelization, that would accom11 modate both incumbent licensees, in12 cluding Dedicated Short Range Com13 munications Services licensees, and 

14 widespread commercial unlicensed op15 erations in the 5850–5925 MHz band; 

16 and 

17 (II) deployment timelines for the 

18 technologies described in subpara19 graph (I). 

20 (ii) NTIA RESPONSE.—The NTIA, in 

21 response to the public notice issued under 

22 clause (i), shall publicly submit to the Of23 fice of Engineering and Technology a de24 scription of any current and anticipated 


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1 further Federal uses of the 5850–5925 

2 MHz band. 

3 (B) TEST PLAN.— 

4 (i) IN GENERAL.—Not later than 6 

5 months after the date of enactment of this 

6 Act, the Commission shall, in consultation 

7 with the Department of Transportation 

8 and the NTIA, develop and publish a test 

9 plan, including a timeline, for the use of 

10 unlicensed devices in the 5850–5925 MHz 

11 band. 

12 (ii) REQUIREMENT.—The test plan 

13 developed and published under clause (i) 

14 shall be designed to allow the Commission 

15 to evaluate technologies for allowing unli16 censed devices to utilize the 5850–5925 

17 MHz band without causing harmful inter18 ference to incumbent licensees, including 

19 Dedicated Short Range Communications 

20 Services licensees. 

21 (iii) TESTING MULTIPLE METHODS.— 

22 The Commission may choose to test mul23 tiple methods of sharing the 5850–5925 

24 MHz band. 


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1 (iv) CONSIDERATIONS.—In developing 

2 the test plan under clause (i), the Commis3 sion shall consider— 

4 (I) the comments filed in re5 sponse to the public notice issued 

6 under subparagraph (A)(i); 

7 (II) the comments filed in re8 sponse to ET Docket No. 13–49; 

9 (III) the functions currently au10 thorized under exclusive allocation 

11 that could be performed by unlicensed 

12 or shared spectrum; 

13 (IV) whether a system of priority 

14 access could substitute for exclusive li15 censing and, if so, whether the system 

16 of priority access should be confined 

17 to— 

18 (aa) particular portions of 

19 the 5850–5925 MHz band; and 

20 (bb) functions critical for 

21 dedicated short-range commu22 nications crash avoidance; 

23 (V) whether non-exclusive licens24 ing or other forms of shared spectrum 


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1 access could substitute for exclusive li2 censing; 

3 (VI) whether the Commission 

4 could promulgate rules to migrate ex5 isting licensees to an alternative band; 

6 (VII) whether, to protect critical 

7 public safety communications, the 

8 Commission could allow sharing in 

9 only a portion of the 5850–5925 MHz 

10 spectrum; and 

11 (VIII) whether shared use or a 

12 system of priority access— 

13 (aa) causes harmful inter14 ference to incumbent licensees; or 

15 (bb) compromises safety-of16 life uses by incumbent licensees 

17 that are necessary for advancing 

18 motor vehicle safety. 

19 (C) TESTING; RESULTS.—Not later than 

20 15 months after the date of enactment of this 

21 Act, the Commission, in consultation with the 

22 Department of Transportation and the NTIA, 

23 shall— 


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1 (i) conduct testing in accordance with 

2 the test plan developed under subpara3 graph (B); 

4 (ii) publish a summary of the results 

5 of the testing to the docket relating to the 

6 5850–5925 MHz band; and 

7 (iii) reference the results of the test8 ing and the comments filed under subpara9 graph (A) in determining unlicensed device 

10 use of the 5850–5925 MHz band. 

11 (D) REGULATIONS.— 

12 (i) IN GENERAL.—Not later than 18 

13 months after the date of enactment of this 

14 Act— 

15 (I) if the Commission determines 

16 that a mitigation technology, re17 channelization, or other approach 

18 would allow unlicensed operations in 

19 the 5850–5925 MHz band that will 

20 not cause harmful interference to ex21 isting licensees of that band, the Com22 mission shall modify part 15 of title 

23 47, Code of Federal Regulations, to 

24 adopt technical rules suitable for the 

25 widespread commercial deployment of 


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1 unlicensed operations for the 5850– 

2 5925 MHz band; or 

3 (II) if the Commission deter4 mines that no mitigation technology, 

5 rechannelization, or other sharing ap6 proach would prevent unlicensed oper7 ations in the 5850–5925 MHz band 

8 from causing harmful interference to 

9 existing licensees of that band, the 

10 Commission— 

11 (aa) shall provide notifica12 tion of the determination to— 

13 (AA) Congress; 

14 (BB) the Department 

15 of Transportation; and 

16 (CC) the NTIA; and 

17 (bb) may not modify part 15 

18 of title 47, Code of Federal Reg19 ulations, to adopt technical rules 

20 suitable for the widespread com21 mercial deployment of unlicensed 

22 operations for the 5850–5925 

23 MHz band until the Commission 

24 can ensure that such operations 

25 will not cause harmful interVerDate Sep 11 2014 23:44 Feb 17, 2015 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S424.IS S424

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1 ference to existing licensees of 

2 that band. 

3 (ii) INTELLIGENT TRANSPORTATION

4 SYSTEMS.—The Commission shall modify 

5 subpart M of part 90 of title 47, Code of 

6 Federal Regulations (relating to the Intel7 ligent Transportation Systems radio serv8 ice), and subpart L of part 95 of title 47, 

9 Code of Federal Regulations (relating to 

10 dedicated short-range communications 

11 service on-board units), if the Commission 

12 determines that such a modification would 

13 maximize the utility of the 5850–5925 

14 MHz band while protecting existing licens15 ees from harmful interference. 

16 SEC. 3. ASSESSING UNLICENSED SPECTRUM AND WI-FI USE 

17 IN LOW-INCOME NEIGHBORHOODS. 

18 (a) STUDY.— 

19 (1) IN GENERAL.—The Commission shall con20 duct a study to evaluate the availability of 

21 broadband Internet access using unlicensed spec22 trum and wireless networks in low income neighbor23 hoods. 


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1 (2) REQUIREMENTS.—In conducting the study 

2 under paragraph (1), the Commission shall consider 

3 and evaluate— 

4 (A) any barriers preventing or limiting the 

5 deployment and use of wireless networks in low6 income neighborhoods; 

7 (B) how to overcome the barriers described 

8 in subparagraph (A) through incentives, poli9 cies, or requirements that would increase the 

10 availability of unlicensed spectrum and related 

11 technologies in low-income neighborhoods to in12 crease broadband adoption by elementary and 

13 secondary school-age children in schools and at 

14 home in these communities; 

15 (C) proposals that would encourage the 

16 home broadband adoption by not less than 50 

17 percent of households with elementary and sec18 ondary school-age children that are in low in19 come neighborhoods; and 

20 (D) the availability of wireless Internet hot 

21 spots and access to unlicensed spectrum for 

22 children described in subparagraph (B). 

23 (b) REPORT.—Not later than 1 year after the date 

24 of enactment of this Act, the Commission shall submit to 

25 the Committee on Commerce, Science, and Transportation 


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1 of the Senate and the Committee on Energy and Com2 merce of the House of Representatives a report that— 

3 (1) summarizes the findings of the study con4 ducted under subsection (a); and 

5 (2) makes recommendations with respect to the 

6 potential incentives, policies, and requirements de7 scribed in subsection (a)(2)(B). 

Æ 


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