I 
113TH CONGRESS 
2D SESSION 
H. R. 5125 
To promote unlicensed spectrum use in the 5 GHz band, to maximize the 
use of the band for shared purposes in order to bolster innovation 
and economic development, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 16, 2014 
Mr. LATTA (for himself, Mr. ISSA, Ms. ESHOO, and Ms. MATSUI) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce 
A BILL 
To promote unlicensed spectrum use in the 5 GHz band, 
to maximize the use of the band for shared purposes 
in order to bolster innovation and economic development, 
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 ‘‘Wi-Fi Innovation Act’’. 
SEC. 2. PROMOTING UNLICENSED SPECTRUM. 
(a) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
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(2) DEDICATED
SHORT-RANGE
COMMUNICA-
TIONS
SERVICES.—The term ‘‘Dedicated Short- 
Range Communications Services’’ has the meaning 
given the term in section 90.7 of title 47, Code of 
Federal Regulations. 
(3) DYNAMIC
FREQUENCY
SELECTION.—The 
term ‘‘Dynamic Frequency Selection’’ has the mean-
ing given the term in section 15.403 of title 47, 
Code of Federal Regulations. 
(4) 5850–5925 MHZ BAND.—The term ‘‘5850– 
5925 MHz band’’ has the meaning given the term 
in section 6406(c) of the Middle Class Tax Relief 
and Job Creation Act of 2012 (47 U.S.C. 1453(c)). 
(5) NTIA.—The term ‘‘NTIA’’ means the Na-
tional Telecommunications and Information Admin-
istration. 
(6) TECHNICAL
RULES
SUITABLE
FOR
THE 
WIDESPREAD COMMERCIAL DEVELOPMENT OF UNLI-
CENSED
OPERATIONS.—The term ‘‘technical rules 
suitable for the widespread commercial development 
of unlicensed operations’’ means technical rules that, 
to the maximum extent feasible— 
(A) permit outdoor unlicensed operations; 
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(B) permit unlicensed operations at a max-
imum conducted transmitter output power limit 
of not less than 1 watt; and 
(C) do not require unlicensed devices to 
employ Dynamic Frequency Selection. 
(b) MODIFICATION OF REGULATIONS TO PROMOTE 
UNLICENSED USE IN THE 5 GHZ BAND.— 
(1) IN GENERAL.— 
(A) PROVISION
OF
ADDITIONAL
UNLI-
CENSED
SPECTRUM.—The Commission shall 
modify title 47, Code of Federal Regulations, to 
provide additional unlicensed spectrum in the 
5850–5925 MHz band under technical rules 
suitable for the widespread commercial develop-
ment of unlicensed operations in the band, as 
specified under paragraph (2). 
(B) NTIA 
COOPERATION.—The NTIA 
shall facilitate the modification described in 
subparagraph (A) by cooperating with the Com-
mission to identify the spectrum management 
actions necessary to accommodate the regu-
latory changes specified under paragraph (2). 
(2) REQUIRED ACTIONS AND MODIFICATIONS.— 
(A) IN GENERAL.— 
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(i) OFFICE
OF
ENGINEERING
AND 
TECHNOLOGY PUBLIC NOTICE.—Not later 
than 3 months after the date of enactment 
of this Act, the Office of Engineering and 
Technology of the Commission shall issue 
a public notice seeking comment on pro-
posals for— 
(I) interference-mitigation tech-
niques and technologies, and potential 
rechannelization, that would accom-
modate both incumbent licensees, in-
cluding Dedicated Short Range Com-
munications Services licensees, and 
widespread commercial unlicensed op-
erations in the 5850–5925 MHz band; 
and 
(II) deployment timelines for the 
technologies described in subclause 
(I). 
(ii) NTIA RESPONSE.—The NTIA, in 
response to the public notice issued under 
clause (i), shall publicly submit to the Of-
fice of Engineering and Technology a de-
scription of any current and anticipated 
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further Federal uses of the 5850–5925 
MHz band. 
(B) TEST PLAN.— 
(i) IN GENERAL.—Not later than 6 
months after the date of enactment of this 
Act, the Commission shall, in consultation 
with the Department of Transportation 
and the NTIA, develop and publish a test 
plan, including a timeline, for the use of 
unlicensed devices in the 5850–5925 MHz 
band. 
(ii) REQUIREMENT.—The test plan 
developed and published under clause (i) 
shall be designed to allow the Commission 
to evaluate technologies for allowing unli-
censed devices to utilize the 5850–5925 
MHz band without causing harmful inter-
ference to incumbent licensees, including 
Dedicated Short Range Communications 
Services licensees. 
(iii) TESTING MULTIPLE METHODS.— 
The Commission may choose to test mul-
tiple methods of sharing the 5850–5925 
MHz band. 
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(iv) CONSIDERATIONS.—In developing 
the test plan under clause (i), the Commis-
sion shall consider— 
(I) the comments filed in re-
sponse to the public notice issued 
under subparagraph (A)(i); 
(II) the comments filed in re-
sponse to ET Docket No. 13–49; 
(III) the functions currently au-
thorized under exclusive allocation 
that could be performed by unlicensed 
or shared spectrum; 
(IV) whether a system of priority 
access could substitute for exclusive li-
censing and, if so, whether the system 
of priority access should be confined 
to— 
(aa) particular portions of 
the 5850–5925 MHz band; and 
(bb) functions critical for 
dedicated 
short-range 
commu-
nications crash avoidance; 
(V) whether non-exclusive licens-
ing or other forms of shared spectrum 
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access could substitute for exclusive li-
censing; 
(VI) whether the Commission 
could promulgate rules to migrate ex-
isting licensees to an alternative band; 
(VII) whether, to protect critical 
public safety communications, the 
Commission could allow sharing in 
only a portion of the 5850–5925 MHz 
spectrum; and 
(VIII) whether shared use or a 
system of priority access— 
(aa) causes harmful inter-
ference to incumbent licensees; or 
(bb) compromises safety-of- 
life uses by incumbent licensees 
that are necessary for advancing 
motor vehicle safety. 
(C) TESTING; RESULTS.—Not later than 
15 months after the date of enactment of this 
Act, the Commission, in consultation with the 
Department of Transportation and the NTIA, 
shall— 
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(i) conduct testing in accordance with 
the test plan developed under subpara-
graph (B); 
(ii) publish a summary of the results 
of the testing to the docket relating to the 
5850–5925 MHz band; and 
(iii) reference the results of the test-
ing and the comments filed under subpara-
graph (A) in determining unlicensed device 
use of the 5850–5925 MHz band. 
(D) REGULATIONS.— 
(i) IN GENERAL.—Not later than 24 
months after the date of enactment of this 
Act— 
(I) if the Commission determines 
that a mitigation technology, re-
channelization, or other approach 
would allow unlicensed operations in 
the 5850–5925 MHz band that will 
not cause harmful interference to ex-
isting licensees of that band, the Com-
mission shall modify part 15 of title 
47, Code of Federal Regulations, to 
adopt technical rules suitable for the 
widespread commercial deployment of 
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unlicensed operations for the 5850– 
5925 MHz band; or 
(II) if the Commission deter-
mines that no mitigation technology, 
rechannelization, or other sharing ap-
proach would prevent unlicensed oper-
ations in the 5850–5925 MHz band 
from causing harmful interference to 
existing licensees of that band, the 
Commission— 
(aa) shall provide notifica-
tion of the determination to— 
(AA) Congress; 
(BB) the Department 
of Transportation; and 
(CC) the NTIA; and 
(bb) may not modify part 15 
of title 47, Code of Federal Reg-
ulations, to adopt technical rules 
suitable for the widespread com-
mercial deployment of unlicensed 
operations for the 5850–5925 
MHz band until the Commission 
can ensure that such operations 
will not cause harmful inter-
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ference to existing licensees of 
that band. 
(ii) INTELLIGENT
TRANSPORTATION 
SYSTEMS.—The Commission shall modify 
subpart M of part 90 of title 47, Code of 
Federal Regulations (relating to the Intel-
ligent Transportation Systems radio serv-
ice), and subpart L of part 95 of title 47, 
Code of Federal Regulations (relating to 
dedicated 
short-range 
communications 
service on-board units), if the Commission 
determines that such a modification would 
maximize the utility of the 5850–5925 
MHz band while protecting existing licens-
ees from harmful interference. 
SEC. 3. ASSESSING UNLICENSED SPECTRUM AND WI-FI USE 
IN LOW-INCOME NEIGHBORHOODS. 
(a) STUDY.— 
(1) IN
GENERAL.—The Federal Communica-
tions Commission (in this section referred to as the 
‘‘Commission’’) shall conduct a study to evaluate the 
availability of broadband Internet access using unli-
censed spectrum and wireless networks in low-in-
come neighborhoods. 
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