WIN 5G Act

To provide for a transition process to make electromagnetic spectrum between the frequencies of 3700 megahertz and 4200 megahertz available for allocation and auction, to make available Federal spectrum for non-Federal use or shared Federal and non-Federal use, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Wireless Investment Now in 5G Act WIN 5G Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Rule of construction. Title I—Transition of Certain Spectrum Sec. 101. Transition of spectrum between 3700 megahertz and 4200 megahertz. Title II—Federal Spectrum Availability Sec. 201. Costs of spectrum research and development and planning activities. Sec. 202. Inclusion of spectrum sharing in annual NTIA report on relocation. Sec. 203. Studies on reallocation of certain Federal spectrum. Sec. 204. Identification, reallocation, and auction of certain Federal spectrum. Sec. 205. Definitions. Title III—NTIA Research and Development Sec. 301. NTIA independent research and development costs. Title IV—Rural Broadband Deployment Sec. 401. Rural Broadband Deployment Fund. 2. Definitions In this Act: (1) Appropriate committees of congress The term appropriate committees of Congress (A) the Committee on Appropriations of the House of Representatives; (B) the Committee on Appropriations of the Senate; (C) the Committee on Energy and Commerce of the House of Representatives; and (D) the Committee on Commerce, Science, and Transportation of the Senate. (2) Commission The term Commission 3. Rule of construction Each range of frequencies described in this Act shall be construed to be inclusive of the upper and lower frequencies in the range. I Transition of Certain Spectrum 101. Transition of spectrum between 3700 megahertz and 4200 megahertz (a) Designation of transition facilitator (1) In general Not later than 60 days after the date of the enactment of this Act, the Commission shall designate to serve as the Transition Facilitator for purposes of this section an organization that— (A) consists of all satellite operators providing service using spectrum between the frequencies of 3700 megahertz and 4200 megahertz to the continental United States pursuant to a license or grant of market access issued by the Commission; and (B) agrees to serve as the Transition Facilitator and to carry out the duties of the Transition Facilitator under this section. (2) Exception The Commission may designate under paragraph (1) an organization consisting of less than all satellite operators described in subparagraph (A) of such paragraph if— (A) any satellite operator described in such subparagraph that is not part of such organization— (i) notifies the Commission that such operator does not wish to be part of the Transition Facilitator; or (ii) is otherwise determined by the Commission not to be necessary to be part of the Transition Facilitator; and (B) the organization designated by the Commission consists of not fewer than 4 satellite operators described in such subparagraph. (b) Transition facilitation plan (1) Submission by transition facilitator Not later than 120 days after the Transition Facilitator is designated under subsection (a), the Transition Facilitator shall submit to the Commission and the appropriate committees of Congress a transition facilitation plan for the spectrum between the frequencies of 3700 megahertz and 4200 megahertz that contains the information required by paragraph (2). (2) Required contents The transition facilitation plan shall contain the following: (A) A specification of the amount of spectrum between the frequencies of 3700 megahertz and 4200 megahertz that the Transition Facilitator determines can be cleared in each geographic area in the continental United States, together with— (i) a demonstration that the amount of spectrum specified for each such area is the maximum amount of spectrum in such area that can be made available for the assignment of licenses through a system of competitive bidding under subsection (c)(1); and (ii) a demonstration that end users will receive service after the implementation of the transition facilitation plan that is comparable in quality to service received before the implementation of the transition facilitation plan. (B) A service migration plan, including— (i) a description, for each geographic area in the continental United States, of any activities that will be conducted or measures that will be taken by the Transition Facilitator to ensure the continuation of services corresponding to an earth station receiving transmissions using spectrum between the frequencies of 3700 megahertz and 4200 megahertz; and (ii) a description of any other activities that will be conducted or measures that will be taken by the Transition Facilitator to implement the service migration plan. (C) A technical migration plan, including a description of any activities or measures necessary to ensure continuation of service to incumbent end users. (D) An end user protection plan, including— (i) any documentation received by the Transition Facilitator from end users of any activities, measures, or equipment necessary to ensure end users receive service after the implementation of the transition facilitation plan that is comparable in quality to service received before the implementation of the transition facilitation plan; and (ii) any reasonable requests from end users for inclusion of estimated costs under subparagraph (E)(ii). (E) An estimate of the costs expected to be incurred by— (i) the Transition Facilitator for activities, measures, or equipment necessary to clear spectrum in accordance with the transition facilitation plan in each geographic area in the continental United States, including any necessary equipment associated with migrating services; and (ii) end users in each geographic area in the continental United States for activities, measures, or equipment necessary to clear spectrum in accordance with the transition facilitation plan, including costs to migrate services to— (I) alternative technologies; or (II) spectrum other than spectrum between the frequencies of 3700 megahertz and 4200 megahertz. (F) A proceeds division plan stating a method by which the portion of the proceeds of a system of competitive bidding under paragraph (1) of subsection (c) that is paid to the Transition Facilitator under paragraph (3)(A)(i)(II) of such subsection may be divided between— (i) entities that comprise the Transition Facilitator; and (ii) licensees and registrants of earth stations receiving signals between the frequencies of 3700 megahertz and 4200 megahertz. (3) Review by commission Not later than 60 days after the submission of the transition facilitation plan under paragraph (1), the Commission shall— (A) review such plan to determine whether such plan contains the information required by paragraph (2); and (B) submit to the Transition Facilitator and the appropriate committees of Congress a report on the determination under subparagraph (A), including, if the Commission determines that any such information is omitted or inadequate— (i) a description of the omitted or inadequate information; and (ii) if the Commission determines that the transition facilitation plan does not contain an adequate demonstration of a matter specified in clause (i) or (ii) of paragraph (2)(A), the steps that the Commission determines are necessary to correct the inadequacy. (4) Opportunity to cure omission or inadequacy (A) Submission of revised plan If the Commission determines under paragraph (3)(A) that any information required by paragraph (2) to be in the transition facilitation plan is omitted or inadequate, the Transition Facilitator shall, not later than 90 days after receiving the report of the Commission under paragraph (3)(B), submit a revised transition facilitation plan to cure the omission or inadequacy. (B) Review of revised plan Not later than 60 days after the submission of a revised transition facilitation plan under subparagraph (A), the Commission shall— (i) review such plan to determine whether such plan contains the information required by paragraph (2); and (ii) submit to the Transition Fa­cil­i­ta­tor and the appropriate committees of Congress a report on the determination under clause (i), including, if the Commission determines that any such information is omitted or inadequate, a description of the omitted or inadequate information. (C) Effect of failure to cure If the Transition Facilitator fails to submit a revised transition facilitation plan as required by subparagraph (A), subsections (c), (d), and (e) shall not apply. (5) Modifications by Commission (A) In general If the Commission determines under paragraph (4)(B)(i) that information required by paragraph (2) is omitted or inadequate in a revised transition facilitation plan submitted by the Transition Facilitator under paragraph (4)(A), the Commission shall, after public notice and an opportunity for public comment, modify such plan in order to cure the omission or inadequacy. (B) Limitation In making any modification under subparagraph (A), the Commission— (i) may not, subject to subparagraph (A)(ii), change the amount of spectrum to be cleared in each geographic area under such plan; and (ii) shall ensure that any such modification does not harm end users. (C) Deadline The Commission shall complete any modification under subparagraph (A) not later than 90 days after the date on which the Commission submits the report required by paragraph (4)(B)(ii). (D) Report Not later than 30 days after completing any modification under subparagraph (A), the Commission shall submit to the Transition Facilitator and the appropriate committees of Congress a report that contains the modified transition facilitation plan. (c) Assignment of licenses through competitive bidding (1) In general Consistent with the transition facilitation plan submitted under paragraph (1) of subsection (b) or the revised transition facilitation plan submitted under paragraph (4)(A) of such subsection (including any modification of such plan by the Commission under paragraph (5)(A) of such subsection), as the case may be, the Commission shall— (A) allocate the spectrum to be cleared in each geographic area in the continental United States, as specified under subsection (b)(2)(A), for terrestrial use (other than the use for which such spectrum is allocated on the date of the enactment of this Act); (B) modify the spectrum usage rights of each satellite operator providing service and each end user using such spectrum (including any such operator that is not part of the Transition Facilitator, as provided in subsection (a)(2)) so as to effect the removal of the co-primary allocation protection afforded to such operator with respect to the use of such spectrum for satellite service (except with respect to a limited number of telemetry, tracking, and command sites, as the Commission considers necessary); and (C) through a system of competitive bidding under section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) (2) Deadline The Commission shall complete the actions required by paragraph (1) not later than— (A) if the Commission determines under paragraph (3)(A) of subsection (b) that the transition facilitation plan submitted under paragraph (1) of such subsection contains the information required by paragraph (2) of such subsection, the date that is 6 months after the Commission submits the report required by paragraph (3)(B) of such subsection; or (B) if the Commission determines under paragraph (3)(A) of subsection (b) that the transition facilitation plan submitted under paragraph (1) of such subsection does not contain the information required by paragraph (2) of such subsection— (i) if the Commission determines under subparagraph (B)(i) of paragraph (4) of subsection (b) that the revised transition facilitation plan submitted under subparagraph (A) of such paragraph contains the information required by paragraph (2) of such subsection, the date that is 6 months after the Commission submits the report required by subparagraph (B)(ii) of such paragraph (4); or (ii) if the Commission determines under subparagraph (B)(i) of paragraph (4) of subsection (b) that the revised transition facilitation plan submitted under subparagraph (A) of such paragraph does not contain the information required by paragraph (2) of such subsection, the date that is 6 months after the Commission completes the modification required by paragraph (5)(A) of such subsection. (3) Use of proceeds (A) In general Notwithstanding subparagraphs (A) and (C)(i) of section 309(j)(8) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8) (i) the Commission shall pay the Transition Facilitator an amount of such proceeds that is equal to the sum of— (I) the costs reasonably incurred and documented by the Transition Facilitator for activities, measures, or equipment necessary to clear spectrum in such geographic area in accordance with the transition facilitation plan submitted under paragraph (1) of subsection (b) or the revised transition facilitation plan submitted under paragraph (4)(A) of such subsection (including any modification of such plan by the Commission under paragraph (5)(A) of such subsection), as the case may be; and (II) a percentage of such proceeds (excluding the amount of the costs described in subclause (I) and any amounts paid to end users under clause (ii) with respect to such geographic area) determined under subparagraph (B); (ii) the Commission shall pay each end user an amount of such proceeds that is equal to the costs (if any) reasonably incurred and documented by such end user for activities, measures, or equipment necessary to clear spectrum in accordance with the transition facilitation plan in such geographic area, including costs to migrate services in such geographic area to alternative technologies or to spectrum other than spectrum between the frequencies of 3700 megahertz and 4200 megahertz; and (iii) the remainder of such proceeds shall be deposited in the Rural Broadband Deployment Fund established by section 401. (B) Percentage of proceeds determined The percentage of proceeds determined under this subparagraph with respect to a geographic area is the following: (i) If the amount of spectrum cleared in such geographic area is less than 100 megahertz, 0 percent. (ii) If the amount of spectrum cleared in such geographic area is 100 megahertz or greater but less than 200 megahertz, 10 percent. (iii) If the amount of spectrum cleared in such geographic area is 200 megahertz or greater but less than 300 megahertz, 35 percent. (iv) If the amount of spectrum cleared in such geographic area is 300 megahertz or greater but less than 400 megahertz, 75 percent. (v) If the amount of spectrum cleared in such geographic area is 400 megahertz or greater but less than 500 megahertz, 90 percent. (vi) If the amount of spectrum cleared in such geographic area is 500 megahertz, 100 percent. (C) Treatment of guard bands In the case of spectrum that is designated as a guard band after the reallocation required by paragraph (1), such spectrum shall be treated as having been cleared for purposes of determining the percentage of proceeds under subparagraph (B), except that not more than 20 megahertz of spectrum in each geographic area may be so treated. (D) Proceeds adjustments The Commission shall increase the percentage of proceeds determined with respect to a geographic area under subparagraph (B) (except for clause (vi) of such subparagraph) by 5 percent if— (i) the Commission determines under paragraph (3)(A) of subsection (b) that the transition facilitation plan submitted under paragraph (1) of such subsection contains the information required by paragraph (2) of such subsection; and (ii) not later than 30 days after the Commission makes the determination described in clause (i), the Transition Facilitator demonstrates to the Commission that the Transition Facilitator has taken any steps necessary to clear spectrum in such geographic area in accordance with the transition facilitation plan. (d) Implementation of transition facilitation plan The Commission may not make a payment to the Transition Facilitator under subsection (c)(3) until the Transition Facilitator has fully implemented the transition facilitation plan submitted under paragraph (1) of subsection (b) or the revised transition facilitation plan submitted under paragraph (4)(A) of such subsection (including any modification of such plan by the Commission under paragraph (5)(A) of such subsection), as the case may be, except for the portion of such plan required by paragraph (2)(F) of such subsection. (e) Submission of additional transition facilitation plans Not later than 3 years after the Commission determines that the implementation of the transition facilitation plan submitted under paragraph (1) of subsection (b) or the revised transition facilitation plan submitted under paragraph (4)(A) of such subsection (including any modification of such plan by the Commission under paragraph (5)(A) of such subsection), as the case may be, is completed, the Transition Facilitator may submit an additional transition facilitation plan to the Commission to clear additional spectrum between the frequencies of 3700 megahertz and 4200 megahertz. Except for the deadline for the submission of the transition facilitation plan under paragraph (1) of such subsection, any such additional transition facilitation plan shall be subject to this section in the same manner and to the same extent as the initial transition facilitation plan, and, not later than 3 years after the Commission determines that the implementation of such additional transition facilitation plan is completed, the Transition Facilitator may submit another additional transition facilitation plan as described in this subsection. (f) Definitions In this section: (1) Clear The term clear (2) End user The term end user (A) is a licensee or registrant of an earth station receiving signals between the frequencies of 3700 megahertz and 4200 megahertz; or (B) receives or distributes programming or services using spectrum between the frequencies of 3700 megahertz and 4200 megahertz. (3) Transition facilitator The term Transition Facilitator II Federal Spectrum Availability 201. Costs of spectrum research and development and planning activities Section 118(g) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928(g) (1) in paragraph (1)— (A) in subparagraph (A), by striking ; and (B) in subparagraph (B), by striking the period at the end and inserting ; and (C) by adding at the end the following: (C) the Director of OMB may make a payment described in paragraph (2) from amounts in the Fund other than amounts made available under subparagraphs (A) and (B) if, before making the payment, the Director of OMB, in consultation with the NTIA, determines and submits to the congressional committees described in subsection (d)(2)(C) a certification that— (i) the conditions described in subclauses (I) and (II) of paragraph (2)(D)(i) have been met; (ii) as of the date of the certification, amounts made available under subparagraphs (A) and (B) are insufficient to make the payment requested by the Federal entity in the plan approved under paragraph (2)(E) by the Technical Panel established under section 113(h)(3); and (iii) the payment will leave sufficient amounts in the Fund to pay the relocation or sharing costs that will be incurred by eligible Federal entities to complete the implementation of all transition plans that, as of the date of the certification, have been found sufficient by the Technical Panel under section 113(h)(4). ; and (2) in paragraph (2)— (A) in subparagraph (D)(ii), by inserting after 60 days (or, in the case of a payment under paragraph (1)(C), 30 days) (B) by adding at the end the following: (F) Consultation regarding sharing frequencies on unlicensed basis If a Federal entity that receives a payment under subparagraph (A) determines, in carrying out activities under a plan approved by the Technical Panel under subparagraph (E), that it is not feasible for such Federal entity to make available frequencies described in such plan for reallocation for non-Federal use or shared Federal and non-Federal use, or a combination thereof, and for auction in accordance with such reallocation— (i) such Federal entity shall submit to the NTIA a certification stating the determination; and (ii) the NTIA shall consult with the Commission and such Federal entity regarding whether such frequencies may be shared with non-Federal entities on an unlicensed basis. . 202. Inclusion of spectrum sharing in annual NTIA report on relocation Section 207 of the Commercial Spectrum Enhancement Act ( 47 U.S.C. 928 (1) in paragraph (1)— (A) by inserting or sharing of relocation from (B) by striking section 118(d)(2)(A) section 118(d)(2)(B) (2) in paragraph (2)— (A) by striking relocated communication system such communication system (B) by striking relocation costs relocation or sharing costs (C) by striking relocations costs relocation or sharing costs 203. Studies on reallocation of certain Federal spectrum (a) In general Not later than 6 months after the date of the enactment of this Act, each Federal entity that, as of such date of enactment, is operating on spectrum between the frequencies of 3450 megahertz to 3550 megahertz shall— (1) request a payment under section 118(g)(2) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928(g)(2) (2) if such Federal entity receives such payment— (A) conduct such study; and (B) submit to the appropriate committees of Congress and the Secretary a report on the results of such study. (b) Conditions and limitations (1) Receipt of payment A Federal entity is not required to conduct a study under subsection (a) if such entity requests such payment in accordance with section 118(g)(2) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928(g)(2) (2) Inability to achieve comparable capability of systems If it is found in a study conducted under subsection (a) that any Federal entity operating on spectrum with respect to which the study is conducted would not be able to achieve comparable capability of systems in the case of the reallocation of such spectrum or a portion thereof for non-Federal use or shared Federal and non-Federal use, or a combination thereof, and auction in accordance with such reallocation, the Federal entity that conducted the study shall submit to the National Telecommunications and Information Administration and the Director of the Office of Management and Budget a certification stating such finding. 204. Identification, reallocation, and auction of certain Federal spectrum (a) Identification of spectrum Not later than January 1, 2025, the Secretary shall— (1) for the frequencies with respect to which a Federal entity makes an affirmative feasibility determination under section 203(a), determine whether the Secretary concurs with the determination of the Federal entity; and (2) if the Secretary concurs with the determination of the Federal entity, submit to the President and the Commission a report identifying for reallocation the frequencies with respect to which the Federal entity made the determination. (b) Clearing of spectrum The President shall— (1) not later than 180 days after the Secretary submits a report under subsection (a)(2), begin the process of withdrawing or modifying the assignment to a Federal Government station of the frequencies identified in such report; and (2) not later than 30 days after completing the withdrawal or modification, notify the Commission that the withdrawal or modification is complete. (c) Reallocation and auction (1) In general The Commission shall— (A) reallocate the frequencies identified in a report under subsection (a)(2) for non-Federal use or shared Federal and non-Federal use, or a combination thereof; and (B) notwithstanding paragraph (15)(A) of section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) (2) Proceeds (A) In general Notwithstanding subparagraphs (A), (C)(i), and (D)(i) of section 309(j)(8) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8) 47 U.S.C. 928 47 U.S.C. 923(g)(3) (B) Rule of construction Nothing in this section shall be construed to relieve the Commission from the requirements of section 309(j)(16)(B) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(16)(B) (d) Auction authority Section 309(j)(11) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(11) (1) by striking the period at the end and inserting ; and (2) by striking except that, with respect to except that— (A) with respect to ; and (3) by adding at the end the following: (B) with respect to the frequencies identified under section 204(a)(2) of the Wireless Investment Now in 5G Act . (e) Relationship to Spectrum Pipeline identification requirement The identification of frequencies under subsection (a)(2), withdrawal or modification of the assignment to a Federal Government station of such frequencies under subsection (b), or reallocation or auction of such frequencies under subsection (c) does not preclude such frequencies from being identified under section 1006(c) of the Spectrum Pipeline Act of 2015 ( Public Law 114–74 205. Definitions In this title: (1) Comparable capability of systems The term comparable capability of systems 47 U.S.C. 923(g)(3)(B) (2) Federal entity The term Federal entity 47 U.S.C. 923(l) (3) Secretary The term Secretary III NTIA Research and Development 301. NTIA independent research and development costs Section 118 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928 (j) NTIA independent research and development costs (1) In general Notwithstanding subsections (c) through (e), from amounts described in paragraph (2), the Director of OMB may transfer to the salaries and expenses account of the NTIA such sums as may be necessary for costs incurred by the NTIA to conduct independent research and development, engineering studies, economic analyses, or other activities not already subject to a plan approved under subsection (g)(2)(E) and intended to improve the efficiency and effectiveness of the spectrum use of Federal entities in order to make available frequencies described in paragraph (3) for reallocation for non-Federal use or shared Federal and non-Federal use, or a combination thereof, and for auction in accordance with such reallocation. (2) Amounts described The amounts described in this paragraph are amounts in the Fund from auctions of eligible frequencies that are made available for reallocation and auction primarily as a result of research and development, engineering studies, economic analyses, or other activities intended to improve the efficiency and effectiveness of the spectrum use of Federal entities in order to make available frequencies for reallocation for non-Federal use or shared Federal and non-Federal use, or a combination thereof, and for auction in accordance with such reallocation, that are conducted by the NTIA after the date of the enactment of this subsection, regardless of whether the NTIA conducts such activities using amounts transferred to the NTIA under paragraph (1). (3) Frequencies described The frequencies described in this paragraph are frequencies that— (A) are assigned to a Federal entity; and (B) at the time when the activities described in paragraph (1) are conducted, are not identified for auction. (4) Availability of funds Amounts transferred under paragraph (1) shall be available for obligation subject to the terms and conditions of the receiving appropriations account and shall remain available until expended. (5) No charge to Federal agencies Notwithstanding any other provision of law (including the terms and conditions of an appropriations account referred to in paragraph (4)), the NTIA may not charge any Federal agency for an activity conducted using amounts transferred to the NTIA under paragraph (1). (6) Rule of construction Nothing in this subsection shall be construed to limit the availability to the NTIA to conduct activities described in paragraph (1) of funds, other than amounts transferred under such paragraph, that are otherwise available to the NTIA to conduct such activities. . IV Rural Broadband Deployment 401. Rural Broadband Deployment Fund (a) Establishment There is established in the Treasury of the United States a fund to be known as the Rural Broadband Deployment Fund. (b) Availability of funds To the extent or in the amounts provided in advance in appropriation Acts, amounts in the Rural Broadband Deployment Fund shall be available to the Commission to make payments to expand access to broadband in unserved and underserved areas. (c) No combination with other support In making payments under subsection (b), the Commission may not combine such payments with any other support for broadband provided by the Commission.

Summary: Wireless Investment Now in 5G Act or the WIN 5G Act This bill addresses wireless network technology, including by requiring the Federal Communications Commission to designate a transition facilitator (i.e., an organization consisting of all satellite operators providing mid-band spectrum) to create a transition plan for reallocating mid-band spectrum.