AIRWAVES Act

To facilitate a national pipeline of spectrum for commercial use, and for other purposes. 1. Short title This Act may be cited as the Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum Act AIRWAVES Act 2. Sense of Congress It is the sense of Congress that the United States should strive to— (1) advance innovation with respect to, and investment in, wireless broadband internet access; (2) promote the benefits of connecting all individuals in the United States to quality wireless broadband internet access, including those individuals in rural communities; and (3) support comprehensive, technology-neutral spectrum policy that includes licensed, unlicensed, and shared use of spectrum bands. 3. Definitions In this Act— (1) the term Commission (2) the term Federal entity 47 U.S.C. 923(l) (3) the term relocation or sharing costs 47 U.S.C. 923(g)(3) (4) the term Spectrum Relocation Fund 47 U.S.C. 928 (5) the term system of competitive bidding 47 U.S.C. 309(j) 4. Expanding access to spectrum (a) In general Not later than December 31, 2022, the Commission shall— (1) complete a system of competitive bidding for the use of at least 500 megahertz of commercially licensed spectrum in frequency bands below 6 gigahertz; and (2) make available at least 500 megahertz of additional unlicensed spectrum in frequency bands above 5 gigahertz. (b) Incumbent protections With respect to any frequency band with respect to which the Commission conducts a system of competitive bidding under subsection (a)(1) (referred to in this subsection as the covered band (1) may not proceed with any action (including relocating incumbents or registrants that are, as of the date of enactment of this Act, operational in the covered band from the covered band, or permitting new entrants into the covered band) if that action may result in the dislodging or harming of any such incumbent or registrant in the covered band until the Commission determines, including by requiring testing and technical studies, if appropriate, that any such action will neither cause harmful interference with nor unreasonably constrain any such incumbent or registrant in the covered band; and (2) if the Commission determines that the relocation of an incumbent or registrant from the covered band to another equivalent frequency band as a result of carrying out subsection (a)(1) is not possible, and if the Commission determines that no mitigation technology, alternative sharing approach, or incentives-based approach would reliably prevent harmful interference to incumbents or registrants in the covered band, shall provide a notification to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding those determinations. (c) Rule of construction Nothing in this section may be construed as preventing the Commission from— (1) completing a system of competitive bidding for the use of more than 500 megahertz of commercially licensed spectrum under subsection (a)(1); or (2) making available more than 500 megahertz of additional unlicensed spectrum under subsection (a)(2). 5. Rural set-aside (a) In general Notwithstanding section 309(j)(8) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8) (b) Limitations No amounts allocated under subsection (a) may be combined with amounts that are used to fund any other program that is in existence on the date on which the allocation is made, including any program established under section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 (c) Rule of construction Nothing in this section may be construed to affect the amounts with which the Spectrum Relocation Fund is credited under section 118(b) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928(b) 6. Rules of construction (a) Frequency ranges Any frequency range described in this Act shall be construed as including the upper and lower frequency in the frequency range. (b) Assessment of electromagnetic spectrum reallocation Nothing in this Act may be construed as affecting any requirement under section 156 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 921

Summary: Advancing Innovation and Reinvigorating Widespread Access to Viable Electromagnetic Spectrum Act or the AIRWAVES Act This bill requires the Federal Communications Commission to establish a bidding marketplace for the use of commercially licensed spectrum in lower-frequency bands and to make additional unlicensed spectrum available in higher-frequency bands. From the proceeds of transactions conducted under the bill, 10% shall be allocated for the placement of wireless infrastructure in rural areas with limited or no wireless internet service.