I 
116TH CONGRESS 
1ST SESSION H. R. 4171 
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 pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 6, 2019 
Ms. MATSUI introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Wireless Investment Now in 5G Act’’ or the ‘‘WIN 5G 
Act’’. 
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(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 mega-
hertz. 
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. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Appropriations of 
the House of Representatives; 
(B) the Committee on Appropriations of 
the Senate; 
(C) the Committee on Energy and Com-
merce of the House of Representatives; and 
(D) the Committee on Commerce, Science, 
and Transportation of the Senate. 
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(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
SEC. 3. RULE OF CONSTRUCTION. 
Each range of frequencies described in this Act shall 
be construed to be inclusive of the upper and lower fre-
quencies in the range. 
TITLE I—TRANSITION OF 
CERTAIN SPECTRUM 
SEC. 101. TRANSITION OF SPECTRUM BETWEEN 3700 MEGA-
HERTZ 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 Commis-
sion shall designate to serve as the Transition 
Facilitator for purposes of this section an organiza-
tion that— 
(A) consists of all satellite operators pro-
viding service using spectrum between the fre-
quencies of 3700 megahertz and 4200 mega-
hertz 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. 
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(2) EXCEPTION.—The Commission may des-
ignate under paragraph (1) an organization con-
sisting 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 organiza-
tion— 
(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 sat-
ellite 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 Con-
gress a transition facilitation plan for the spectrum 
between the frequencies of 3700 megahertz and 
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4200 megahertz that contains the information re-
quired by paragraph (2). 
(2) REQUIRED CONTENTS.—The transition fa-
cilitation plan shall contain the following: 
(A) A specification of the amount of spec-
trum between the frequencies of 3700 mega-
hertz 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 as-
signment of licenses through a system of 
competitive 
bidding 
under 
subsection 
(c)(1); and 
(ii) a demonstration that end users 
will receive service after the implementa-
tion 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— 
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(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 Transi-
tion Facilitator to ensure the continuation 
of services corresponding to an earth sta-
tion receiving transmissions using spec-
trum between the frequencies of 3700 
megahertz and 4200 megahertz; and 
(ii) a description of any other activi-
ties that will be conducted or measures 
that will be taken by the Transition 
Facilitator to implement the service migra-
tion plan. 
(C) A technical migration plan, including a 
description of any activities or measures nec-
essary to ensure continuation of service to in-
cumbent end users. 
(D) An end user protection plan, includ-
ing— 
(i) any documentation received by the 
Transition Facilitator from end users of 
any activities, measures, or equipment nec-
essary to ensure end users receive service 
after the implementation of the transition 
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facilitation plan that is comparable in qual-
ity to service received before the implemen-
tation 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 ac-
tivities, measures, or equipment necessary 
to clear spectrum in accordance with the 
transition facilitation plan in each geo-
graphic 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 activi-
ties, measures, or equipment necessary to 
clear spectrum in accordance with the 
transition facilitation plan, including costs 
to migrate services to— 
(I) alternative technologies; or 
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(II) spectrum other than spec-
trum 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 para-
graph (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 Transi-
tion Facilitator; and 
(ii) licensees and registrants of earth 
stations receiving signals between the fre-
quencies of 3700 megahertz and 4200 
megahertz. 
(3) REVIEW BY COMMISSION.—Not later than 
60 days after the submission of the transition facili-
tation 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 
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(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 Facilita-
tor and the appropriate committees of 
Congress a report on the determination 
under clause (i), including, if the Commis-
sion 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 sub-
paragraph (A), subsections (c), (d), and (e) 
shall not apply. 
(5) MODIFICATIONS BY COMMISSION.— 
(A) IN GENERAL.—If the Commission de-
termines under paragraph (4)(B)(i) that infor-
mation required by paragraph (2) is omitted or 
inadequate in a revised transition facilitation 
plan submitted by the Transition Facilitator 
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under paragraph (4)(A), the Commission shall, 
after public notice and an opportunity for pub-
lic comment, modify such plan in order to cure 
the omission or inadequacy. 
(B) LIMITATION.—In making any modi-
fication under subparagraph (A), the Commis-
sion— 
(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 modi-
fication 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 re-
quired by paragraph (4)(B)(ii). 
(D) REPORT.—Not later than 30 days 
after completing any modification under sub-
paragraph (A), the Commission shall submit to 
the Transition Facilitator and the appropriate 
committees of Congress a report that contains 
the modified transition facilitation plan. 
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(c) ASSIGNMENT OF LICENSES THROUGH COMPETI-
TIVE BIDDING.— 
(1) IN GENERAL.—Consistent with the transi-
tion facilitation plan submitted under paragraph (1) 
of subsection (b) or the revised transition facilitation 
plan submitted under paragraph (4)(A) of such sub-
section (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 Tran-
sition Facilitator, as provided in subsection 
(a)(2)) so as to effect the removal of the co-pri-
mary allocation protection afforded to such op-
erator with respect to the use of such spectrum 
for satellite service (except with respect to a 
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limited number of telemetry, tracking, and com-
mand sites, as the Commission considers nec-
essary); and 
(C) through a system of competitive bid-
ding under section 309(j) of the Communica-
tions Act of 1934 (47 U.S.C. 309(j)), assign li-
censes for the use of such spectrum. 
(2) DEADLINE.—The Commission shall com-
plete 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 con-
tain the information required by paragraph (2) 
of such subsection— 
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(i) if the Commission determines 
under subparagraph (B)(i) of paragraph 
(4) of subsection (b) that the revised tran-
sition facilitation plan submitted under 
subparagraph (A) of such paragraph con-
tains the information required by para-
graph (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 tran-
sition 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 sub-
paragraphs (A) and (C)(i) of section 309(j)(8) 
of the Communications Act of 1934 (47 U.S.C. 
309(j)(8)), in the case of the proceeds from the 
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use of a system of competitive bidding under 
paragraph (1) that are attributable to the li-
censes assigned in a geographic area in the con-
tinental United States (including deposits and 
upfront payments from successful bidders and 
excluding the costs retained by the salaries and 
expenses account of the Commission under sub-
paragraph (B) of such section)— 
(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 spec-
trum in such geographic area in ac-
cordance with the transition facilita-
tion plan submitted under paragraph 
(1) of subsection (b) or the revised 
transition facilitation plan submitted 
under paragraph (4)(A) of such sub-
section (including any modification of 
such plan by the Commission under 
paragraph (5)(A) of such subsection), 
as the case may be; and 
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(II) a percentage of such pro-
ceeds (excluding the amount of the 
costs described in subclause (I) and 
any amounts paid to end users under 
clause (ii) with respect to such geo-
graphic area) determined under sub-
paragraph (B); 
(ii) the Commission shall pay each 
end user an amount of such proceeds that 
is equal to the costs (if any) reasonably in-
curred and documented by such end user 
for activities, measures, or equipment nec-
essary to clear spectrum in accordance 
with the transition facilitation plan in such 
geographic area, including costs to migrate 
services in such geographic area to alter-
native 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 DETER-
MINED.—The percentage of proceeds deter-
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