I 

112TH CONGRESS 

1ST SESSION H. R. 2520 

To require the Federal Communications Commission to modify its regulations 

to allow certain unlicensed use in the 5350–5470 MHz band and the 

5850–5925 MHz band. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 13, 2011 

Ms. MATSUI introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To require the Federal Communications Commission to modify its regulations to allow certain unlicensed use in 

the 5350–5470 MHz band and the 5850–5925 MHz 

band. 

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 ‘‘Spectrum for Innova5 tion Act of 2011’’. 

6 SEC. 2. UNLICENSED USE IN THE 5 GHZ BAND. 

7 (a) MODIFICATION OF FCC REGULATIONS TO

8 ALLOW CERTAIN UNLICENSED USE.— 


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1 (1) IN GENERAL.—Subject to paragraph (2), 

2 not later than 1 year after the date of the enactment 

3 of this Act, the Federal Communications Commis4 sion shall modify part 15 of title 47, Code of Fed5 eral Regulations, to allow unlicensed U–NII devices 

6 to operate in the 5350–5470 MHz band and the 

7 5850–5925 MHz band. 

8 (2) REQUIRED DETERMINATIONS.—The Federal 

9 Communications Commission may make the modi10 fication described in paragraph (1) only if the Com11 mission determines that— 

12 (A) licensed users will be protected by 

13 technical solutions, including use of existing, 

14 modified, or new spectrum-sharing technologies 

15 and solutions, such as dynamic frequency selec16 tion; and 

17 (B) the primary mission of Federal spec18 trum users in the 5350–5470 MHz band and 

19 the 5850–5925 MHz band will not be com20 promised by the introduction of unlicensed de21 vices. 

22 (b) STUDY BY NTIA.— 

23 (1) IN GENERAL.—The Assistant Secretary of 

24 Commerce for Communications and Information, in 

25 consultation with the Federal Communications ComVerDate Mar 15 2010 02:53 Jul 14, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2520.IH H2520

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1 mission, shall conduct a study evaluating known and 

2 proposed spectrum-sharing technologies and the risk 

3 to Federal users if unlicensed U–NII devices were 

4 allowed to operate in the 5350–5470 MHz band and 

5 the 5850–5925 MHz band. 

6 (2) SUBMISSION.—Not later than 8 months 

7 after the date of the enactment of this Act, the As8 sistant Secretary of Commerce for Communications 

9 and Information shall submit the study required by 

10 paragraph (1) to— 

11 (A) the Federal Communications Commis12 sion; and 

13 (B) the Committee on Energy and Com14 merce of the House of Representatives and the 

15 Committee on Commerce, Science, and Trans16 portation of the Senate. 

17 (c) DEFINITIONS.—In this section: 

18 (1) 5350–5470 MHZ BAND.—The term ‘‘5350– 

19 5470 MHz band’’ means the portion of the electro20 magnetic spectrum between the frequencies from 

21 5350 megahertz to 5470 megahertz, inclusive. 

22 (2) 5850–5925 MHZ BAND.—The term ‘‘5850– 

23 5925 MHz band’’ means the portion of the electro24 magnetic spectrum between the frequencies from 

25 5850 megahertz to 5925 megahertz, inclusive. 


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1 (3) U–NII DEVICES.—The term ‘‘U–NII de2 vices’’ has the meaning given such term in section 

3 15.403(s) of title 47, Code of Federal Regulations, 

4 except for the frequency bands specified in such sec5 tion. 

Æ 


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