I 
115TH CONGRESS 
2D SESSION 
H. R. 4953 
To facilitate a national pipeline of spectrum for commercial use, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 6, 2018 
Mr. LANCE (for himself, Mr. MICHAEL F. DOYLE of Pennsylvania, Mrs. 
BROOKS of Indiana, Mr. WELCH, Mr. GUTHRIE, Ms. MATSUI, Mr. 
WALBERG, and Ms. CLARKE of New York) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To facilitate a national pipeline of spectrum for commercial 
use, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Advancing Innovation 
and Reinvigorating Widespread Access to Viable Electro-
magnetic Spectrum Act’’ or the ‘‘AIRWAVES Act’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that the United States 
should strive to— 
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(1) advance innovation with respect to, and in-
vestment in, wireless broadband Internet access; 
(2) promote the benefits of connecting all indi-
viduals in the United States to quality wireless 
broadband Internet access, including those individ-
uals in rural communities; and 
(3) support comprehensive, technology-neutral 
spectrum policy that includes licensed, unlicensed, 
and shared use of spectrum bands. 
SEC. 3. DEFINITIONS. 
In this Act— 
(1) the term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; 
(B) the Committee on Energy and Com-
merce of the House of Representatives; and 
(C) any other congressional committee 
with jurisdiction over a matter; 
(2) the term ‘‘Commission’’ means the Federal 
Communications Commission; 
(3) the term ‘‘eligible Federal entity’’ means an 
entity described in section 113(g)(1) of the National 
Telecommunications and Information Administration 
Organization Act (47 U.S.C. 923(g)(1)); 
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(4) the term ‘‘eligible frequency’’ means a fre-
quency with respect to which the costs incurred by 
an eligible Federal entity in relocating from the fre-
quency may be reimbursed from the Spectrum Relo-
cation Fund; 
(5) the term ‘‘Federal entity’’ has the meaning 
given the term in section 113(l) of the National 
Telecommunications and Information Administration 
Organization Act (47 U.S.C. 923(l)); 
(6) the term ‘‘NTIA’’ means the National Tele-
communications and Information Administration; 
(7) the term ‘‘Spectrum Frontiers proceeding’’ 
means the Report and Order and Further Notice of 
Proposed Rulemaking in the matter of Use of Spec-
trum Bands Above 24 GHz for Mobile Radio Serv-
ices, adopted by the Commission on July 14, 2016 
(FCC 16–89); 
(8) the term ‘‘Spectrum Relocation Fund’’ 
means the fund established under section 118 of the 
National Telecommunications and Information Ad-
ministration Organization Act (47 U.S.C. 928); and 
(9) the term ‘‘system of competitive bidding’’ 
means a system of competitive bidding conducted 
under section 309(j) of the Communications Act of 
1934 (47 U.S.C. 309(j)). 
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SEC. 4. SPECTRUM FRONTIERS PROCEEDING. 
Not later than 1 year after the date of enactment 
of this Act, the Commission shall complete the rule mak-
ing to which the Spectrum Frontiers proceeding relates. 
SEC. 5. EXPANDING ACCESS TO COMMERCIAL SPECTRUM. 
(a) FCC RESPONSIBILITIES.— 
(1) IN
GENERAL.—The Commission, in con-
sultation with the NTIA, shall— 
(A) not later than December 31, 2018, 
complete a system of competitive bidding to 
grant priority access licenses for the use of 70 
megahertz of spectrum in the frequencies be-
tween 3550 megahertz and 3650 megahertz; 
(B) not later than December 31, 2018, 
complete a system of competitive bidding for 
the use of spectrum in frequencies between— 
(i) 24250 megahertz and 24450 
megahertz; 
(ii) 24750 megahertz and 25250 
megahertz; 
(iii) 27500 megahertz and 28350 
megahertz, consistent with the spectrum 
sharing framework adopted for that fre-
quency band as part of the Spectrum 
Frontiers proceeding; 
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(iv) 37600 megahertz and 38600 
megahertz; 
(v) 38600 megahertz and 40000 
megahertz; and 
(vi) 47200 megahertz and 48200 
megahertz; and 
(C) not later than December 31, 2020, 
complete a system of competitive bidding for 
the use of spectrum in frequencies between— 
(i) 31800 megahertz and 33400 
megahertz; 
(ii) 42000 megahertz and 42500 
megahertz; and 
(iii) 50400 megahertz and 52600 
megahertz. 
(2) REQUIREMENTS
RELATING
TO
3550–3700 
MHZ BAND.—Consistent with the Commission’s rules 
governing the Citizens Broadband Radio Service and 
the Report and Order and Second Further Notice of 
Proposed Rulemaking in the matter of Amendment 
of the Commission’s Rules with Regard to Commer-
cial Operations in the 3550–3650 MHz Band, 
adopted by the Commission on April 17, 2015 (FCC 
15–47)— 
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(A) 30 megahertz of spectrum in the fre-
quencies between 3550 megahertz and 3650 
megahertz shall be reserved for general author-
ized access use; and 
(B) the frequencies between 3650 mega-
hertz and 3700 megahertz shall be reserved for 
grandfathered wireless broadband licensees and 
general authorized access users. 
(b) IDENTIFYING FREQUENCIES BETWEEN 7125 
MEGAHERTZ AND 8400 MEGAHERTZ TO BE UTILIZED 
FOR UNLICENSED PURPOSES.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the NTIA, in con-
sultation with the Commission, shall identify any 
frequency between 7125 megahertz and 8400 mega-
hertz with respect to which there is the potential for 
unlicensed use without causing harmful interference 
with incumbents. 
(2) RULE MAKING.—If the NTIA, in consulta-
tion with the Commission, makes an identification 
described in paragraph (1), the Commission shall 
consider initiating a rule making with respect to the 
unlicensed use described in that paragraph. 
(c) REPORT ON REALLOCATION OF CERTAIN INCUM-
BENT FEDERAL STATIONS.— 
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(1) IN GENERAL.—Not later than December 31, 
2020, the NTIA, in consultation with the Director 
of the Office of Management and Budget, shall sub-
mit to the appropriate committees of Congress a re-
port relating to the relocation of incumbent Federal 
stations authorized to use spectrum in the fre-
quencies between 1300 megahertz and 1350 mega-
hertz and between 1780 megahertz and 1830 mega-
hertz in order to facilitate the reallocation of such 
spectrum from Federal to non-Federal use. 
(2) TIMING.—The relocation described in para-
graph (1) with respect to the frequencies between 
1780 megahertz and 1830 megahertz shall take 
place not earlier than 2023. 
(d) AMENDMENTS TO THE SPECTRUM PIPELINE ACT 
OF 2015.—Section 1004 of the Spectrum Pipeline Act of 
2015 (47 U.S.C. 921 note) is amended— 
(1) in subsection (a), by striking ‘‘30 mega-
hertz’’ and inserting ‘‘100 megahertz’’; and 
(2) in subsection (c)(1)(B), by striking ‘‘July 1, 
2024’’ and inserting ‘‘July 1, 2023’’. 
SEC. 6. MODERNIZING MID-BAND SPECTRUM. 
(a) IN GENERAL.— 
(1) SPECTRUM
IDENTIFICATION.—Not later 
than December 31, 2019, the Commission, in con-
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sultation with the NTIA, shall identify up to 500 
megahertz of additional spectrum in the frequencies 
between 3700 megahertz and 4200 megahertz to 
make available for commercial licensed use. 
(2) SPECTRUM AUCTION.—Not later than De-
cember 31, 2022, the Commission shall complete a 
system of competitive bidding for the use of spec-
trum identified under paragraph (1). 
(b) RULE MAKING ON THE UNLICENSED USE OF 
THE FREQUENCY BAND BETWEEN 5925 MEGAHERTZ 
AND 7125 MEGAHERTZ.—Not later than 180 days after 
the date of enactment of this Act, the Commission, in con-
sultation with the NTIA, shall issue a notice of proposed 
rule making with respect to creating opportunities for the 
unlicensed use of spectrum in the frequencies between 
5925 and 7125 megahertz without causing harmful inter-
ference with any incumbents in that band. 
SEC. 7. RURAL SET-ASIDE. 
(a) 
IN
GENERAL.—Notwithstanding 
section 
309(j)(8) of the Communications Act of 1934 (47 U.S.C. 
309(j)(8)), the Commission shall allocate 10 percent of the 
proceeds from each system of competitive bidding con-
ducted under this Act for the deployment of wireless infra-
structure in areas that the Commission has determined 
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are underserved or unserved with respect to wireless 
broadband Internet access service. 
(b) LIMITATIONS.—No amounts allocated under sub-
section (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). 
SEC. 8. SPECIAL RULES. 
With respect to any frequency band described in this 
Act (in this section referred to as the ‘‘covered band’’), 
if the relocation of an incumbent from the covered band 
to another equivalent frequency band is not possible, and 
if the Commission determines that no mitigation tech-
nology, alternative sharing approach, or incentives-based 
approach would reliably prevent harmful interference to 
incumbents in the covered band, the Commission— 
(1) shall provide notification of that determina-
tion to the appropriate committees of Congress and 
the NTIA; and 
(2) may not proceed with any action, including 
relocating incumbents from the covered band or per-
mitting new entrants into the covered band, that 
may result in the dislodging or harming of any in-
cumbent in the covered band until the Commission 
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can ensure that any such action will neither cause 
harmful interference with nor unreasonably con-
strain an incumbent in the covered band. 
SEC. 9. COMMISSION STUDY ON ENHANCING THE BENEFITS 
OF 
UNLICENSED 
SPECTRUM 
FOR 
RURAL 
COMMUNITIES. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Commission shall con-
duct, and submit to the appropriate committees of Con-
gress the results of, a study regarding how unlicensed 
spectrum can be further utilized to assist in— 
(1) the provision of healthcare in rural areas; 
(2) distance learning; and 
(3) facilitating innovations in agriculture. 
(b) RECOMMENDATIONS.—The results of the study 
submitted under subsection (a) shall include recommenda-
tions regarding— 
(1) overcoming barriers to the use of unlicensed 
spectrum for the purposes described in that sub-
section; and 
(2) how to further utilize unlicensed spectrum 
to meet the needs of rural communities with respect 
to broadband Internet access service. 
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SEC. 10. GAO STUDY ON SPECTRUM RELOCATION FUND AL-
LOCATIONS. 
Not later than 180 days after the date of enactment 
of this Act, the Comptroller General of the United States 
shall conduct, and submit to the appropriate committees 
of Congress the results of, a study to determine the effi-
ciency with which amounts in the Spectrum Relocation 
Fund are transferred to eligible Federal entities that will-
ingly relocate from eligible frequencies. 
SEC. 11. RULES OF CONSTRUCTION. 
(a) FREQUENCY RANGES.—Any frequency range de-
scribed 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 Na-
tional Telecommunications and Information Administra-
tion Organization Act (47 U.S.C. 921 note). 
Æ 
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