I 
108TH CONGRESS 
1ST SESSION 
H. R. 363
To require the Federal Communications Commission to allocate additional 
spectrum for unlicensed use by wireless broadband devices, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 27, 2003
Mr. HONDA (for himself, Ms. DUNN, and Ms. LOFGREN) introduced the 
following bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To require the Federal Communications Commission to allo-
cate additional spectrum for unlicensed use by wireless 
broadband devices, 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 ‘‘Jumpstart Broadband 
Act’’. 
SEC. 2. ENCOURAGEMENT OF NEW TECHNOLOGIES. 
(a) UNLICENSED NATIONAL INFORMATION INFRA-
STRUCTURE DEVICES.—
(1) IMMEDIATE ALLOCATION OF SPECTRUM.—
Within 180 days after the date of enactment of this 
Act, the Commission shall allocate not less than an 
additional 255 megahertz of contiguous spectrum in 
the 5 gigahertz band for unlicensed use by wireless 
broadband devices while ensuring that Department 
of Defense devices and systems are not com-
promised. 
(2) INTERFERENCE PROTECTION.—Within 180 
days after the date of enactment of this Act, the Na-
tional Telecommunications and Information Admin-
istration shall, after consultation with all interested 
agencies and parties, including the Department of 
Defense, establish standards for interference protec-
tion that is reasonably required to enable incumbent 
Federal government agency users of spectrum allo-
cated under paragraph (1) to continue to use that 
spectrum, and advise the Commission of those 
standards. 
(3) DEVICE REQUIREMENTS.—Within 360 days 
after the date of enactment of this Act, the Commis-
sion shall—
(A) with respect to spectrum allocation 
under paragraph (1), adopt minimal technical
and device rules to facilitate robust and effi-
cient use for wireless broadband devices; and 
(B) amend its rules to require that all 
wireless broadband devices manufactured after 
the effective date of those rules that operate in 
the spectrum allocated under paragraph (1)—
(i) be capable of 2-way digital commu-
nications; 
(ii) meet the interference protection 
standards established under paragraph (2). 
SEC. 3. DEFINITIONS. 
(a) IN GENERAL.—In this Act: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(2) 
BROADBAND
SERVICE.—The 
term 
‘‘broadband service’’ means high rate digital trans-
mission service—
(A) via cable modem, digital subscriber 
line, wireless, satellite, or other telecommuni-
cations technology; and 
(B) capable of reliably transmitting voice, 
data, and/or video simultaneously between and 
among digital devices and between these devices 
and the Internet, on a consistent basis, at data
transfer rates no slower than those defined 
from time to time by the Commission. 
(3) WIRELESS BROADBAND DEVICE.—The term 
‘‘wireless broadband device’’ includes—
(A) U–NII devices (as defined in section 
15.403(i) of title 47, Code of Federal Regula-
tions); and 
(B) other devices used to access wireless 
broadband services. 
(b) TERMS DEFINED IN THE COMMUNICATIONS ACT 
OF 1934.—Except as provided in subsection (a), any term 
used in this Act that is defined in section 3 of the Commu-
nications Act of 1934 (47 U.S.C. 153) has the meaning 
given that term in that section.
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