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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 424 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wi-Fi Innovation Act''.

SEC. 2. PROMOTING UNLICENSED SPECTRUM.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (2) Dedicated short-range communications services.--The 
        term ``Dedicated Short-Range Communications Services'' has the 
        meaning given the term in section 90.7 of title 47, Code of 
        Federal Regulations.
            (3) Dynamic frequency selection.--The term ``Dynamic 
        Frequency Selection'' has the meaning given the term in section 
        15.403 of title 47, Code of Federal Regulations.
            (4) 5850-5925 mhz band.--The term ``5850-5925 MHz band'' 
        has the meaning given the term in section 6406(c) of the Middle 
        Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 
        1453(c)).
            (5) NTIA.--The term ``NTIA'' means the National 
        Telecommunications and Information Administration.
            (6) Technical rules suitable for the widespread commercial 
        development of unlicensed operations.--The term ``technical 
        rules suitable for the widespread commercial development of 
        unlicensed operations'' means technical rules that, to the 
        maximum extent feasible--
                    (A) permit outdoor unlicensed operations;
                    (B) permit unlicensed operations at a maximum 
                conducted transmitter output power limit of not less 
                than 1 watt; and
                    (C) do not require unlicensed devices to employ 
                Dynamic Frequency Selection.
    (b) Modification of Regulations To Promote Unlicensed Use in the 5 
GHz Band.--
            (1) In general.--
                    (A) Provision of additional unlicensed spectrum.--
                The Commission shall modify title 47, Code of Federal 
                Regulations, to provide additional unlicensed spectrum 
                in the 5850-5925 MHz band under technical rules 
                suitable for the widespread commercial development of 
                unlicensed operations in the band, as specified under 
                paragraph (2).
                    (B) NTIA cooperation.--The NTIA shall facilitate 
                the modification described in subparagraph (A) by 
                cooperating with the Commission to identify the 
                spectrum management actions necessary to accommodate 
                the regulatory changes specified under paragraph (2).
            (2) Required actions and modifications.--
                    (A) In general.--
                            (i) Office of engineering and technology 
                        public notice.--Not later than 3 months after 
                        the date of enactment of this Act, the Office 
                        of Engineering and Technology of the Commission 
                        shall issue a public notice seeking comment on 
                        proposals for--
                                    (I) interference-mitigation 
                                techniques and technologies, and 
                                potential rechannelization, that would 
                                accommodate both incumbent licensees, 
                                including Dedicated Short Range 
                                Communications Services licensees, and 
                                widespread commercial unlicensed 
                                operations in the 5850-5925 MHz band; 
                                and
                                    (II) deployment timelines for the 
                                technologies described in subparagraph 
                                (I).
                            (ii) NTIA response.--The NTIA, in response 
                        to the public notice issued under clause (i), 
                        shall publicly submit to the Office of 
                        Engineering and Technology a description of any 
                        current and anticipated further Federal uses of 
                        the 5850-5925 MHz band.
                    (B) Test plan.--
                            (i) In general.--Not later than 6 months 
                        after the date of enactment of this Act, the 
                        Commission shall, in consultation with the 
                        Department of Transportation and the NTIA, 
                        develop and publish a test plan, including a 
                        timeline, for the use of unlicensed devices in 
                        the 5850-5925 MHz band.
                            (ii) Requirement.--The test plan developed 
                        and published under clause (i) shall be 
                        designed to allow the Commission to evaluate 
                        technologies for allowing unlicensed devices to 
                        utilize the 5850-5925 MHz band without causing 
                        harmful interference to incumbent licensees, 
                        including Dedicated Short Range Communications 
                        Services licensees.
                            (iii) Testing multiple methods.--The 
                        Commission may choose to test multiple methods 
                        of sharing the 5850-5925 MHz band.
                            (iv) Considerations.--In developing the 
                        test plan under clause (i), the Commission 
                        shall consider--
                                    (I) the comments filed in response 
                                to the public notice issued under 
                                subparagraph (A)(i);
                                    (II) the comments filed in response 
                                to ET Docket No. 13-49;
                                    (III) the functions currently 
                                authorized under exclusive allocation 
                                that could be performed by unlicensed 
                                or shared spectrum;
                                    (IV) whether a system of priority 
                                access could substitute for exclusive 
                                licensing and, if so, whether the 
                                system of priority access should be 
                                confined to--
                                            (aa) particular portions of 
                                        the 5850-5925 MHz band; and
                                            (bb) functions critical for 
                                        dedicated short-range 
                                        communications crash avoidance;
                                    (V) whether non-exclusive licensing 
                                or other forms of shared spectrum 
                                access could substitute for exclusive 
                                licensing;
                                    (VI) whether the Commission could 
                                promulgate rules to migrate existing 
                                licensees to an alternative band;
                                    (VII) whether, to protect critical 
                                public safety communications, the 
                                Commission could allow sharing in only 
                                a portion of the 5850-5925 MHz 
                                spectrum; and
                                    (VIII) whether shared use or a 
                                system of priority access--
                                            (aa) causes harmful 
                                        interference to incumbent 
                                        licensees; or
                                            (bb) compromises safety-of-
                                        life uses by incumbent 
                                        licensees that are necessary 
                                        for advancing motor vehicle 
                                        safety.
                    (C) Testing; results.--Not later than 15 months 
                after the date of enactment of this Act, the 
                Commission, in consultation with the Department of 
                Transportation and the NTIA, shall--
                            (i) conduct testing in accordance with the 
                        test plan developed under subparagraph (B);
                            (ii) publish a summary of the results of 
                        the testing to the docket relating to the 5850-
                        5925 MHz band; and
                            (iii) reference the results of the testing 
                        and the comments filed under subparagraph (A) 
                        in determining unlicensed device use of the 
                        5850-5925 MHz band.
                    (D) Regulations.--
                            (i) In general.--Not later than 18 months 
                        after the date of enactment of this Act--
                                    (I) if the Commission determines 
                                that a mitigation technology, 
                                rechannelization, or other approach 
                                would allow unlicensed operations in 
                                the 5850-5925 MHz band that will not 
                                cause harmful interference to existing 
                                licensees of that band, the Commission 
                                shall modify part 15 of title 47, Code 
                                of Federal Regulations, to adopt 
                                technical rules suitable for the 
                                widespread commercial deployment of 
                                unlicensed operations for the 5850-5925 
                                MHz band; or
                                    (II) if the Commission determines 
                                that no mitigation technology, 
                                rechannelization, or other sharing 
                                approach would prevent unlicensed 
                                operations in the 5850-5925 MHz band 
                                from causing harmful interference to 
                                existing licensees of that band, the 
                                Commission--
                                            (aa) shall provide 
                                        notification of the 
                                        determination to--

                                                    (AA) Congress;

                                                    (BB) the Department 
                                                of Transportation; and

                                                    (CC) the NTIA; and

                                            (bb) may not modify part 15 
                                        of title 47, Code of Federal 
                                        Regulations, to adopt technical 
                                        rules suitable for the 
                                        widespread commercial 
                                        deployment of unlicensed 
                                        operations for the 5850-5925 
                                        MHz band until the Commission 
                                        can ensure that such operations 
                                        will not cause harmful 
                                        interference to existing 
                                        licensees of that band.
                            (ii) Intelligent transportation systems.--
                        The Commission shall modify subpart M of part 
                        90 of title 47, Code of Federal Regulations 
                        (relating to the Intelligent Transportation 
                        Systems radio service), and subpart L of part 
                        95 of title 47, Code of Federal Regulations 
                        (relating to dedicated short-range 
                        communications service on-board units), if the 
                        Commission determines that such a modification 
                        would maximize the utility of the 5850-5925 MHz 
                        band while protecting existing licensees from 
                        harmful interference.

SEC. 3. ASSESSING UNLICENSED SPECTRUM AND WI-FI USE IN LOW-INCOME 
              NEIGHBORHOODS.

    (a) Study.--
            (1) In general.--The Commission shall conduct a study to 
        evaluate the availability of broadband Internet access using 
        unlicensed spectrum and wireless networks in low income 
        neighborhoods.
            (2) Requirements.--In conducting the study under paragraph 
        (1), the Commission shall consider and evaluate--
                    (A) any barriers preventing or limiting the 
                deployment and use of wireless networks in low-income 
                neighborhoods;
                    (B) how to overcome the barriers described in 
                subparagraph (A) through incentives, policies, or 
                requirements that would increase the availability of 
                unlicensed spectrum and related technologies in low-
                income neighborhoods to increase broadband adoption by 
                elementary and secondary school-age children in schools 
                and at home in these communities;
                    (C) proposals that would encourage the home 
                broadband adoption by not less than 50 percent of 
                households with elementary and secondary school-age 
                children that are in low income neighborhoods; and
                    (D) the availability of wireless Internet hot spots 
                and access to unlicensed spectrum for children 
                described in subparagraph (B).
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Commission shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a report that--
            (1) summarizes the findings of the study conducted under 
        subsection (a); and
            (2) makes recommendations with respect to the potential 
        incentives, policies, and requirements described in subsection 
        (a)(2)(B).
                                 <all>
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