192 
TITLE VI—WIRELESS 
INNOVATION NETWORKS 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Wireless Innovation Act 
of 2006’’ or the ‘‘WIN Act of 2006’’. 
SEC. 602. ELIGIBLE TELEVISION SPECTRUM MADE AVAIL-
ABLE FOR WIRELESS USE. 
Part I of title III (47 U.S.C. 301 et seq.), as amended 
by section 453 of this Act, is further amended by adding 
at the end the following: 
‘‘SEC. 343. ELIGIBLE BROADCAST TELEVISION SPECTRUM 
MADE AVAILABLE FOR WIRELESS USE. 
‘‘(a) IN GENERAL.—Effective 270 days after the date 
of enactment of the WIN Act of 2006, a certified unlicensed 
device may use eligible broadcast television frequencies in 
a manner that protects licensees from harmful interference. 
‘‘(b) COMMISSION TO FACILITATE USE.—Within 270 
days after the date of enactment of that Act, the Commis-
sion shall adopt technical and device rules in ET Docket 
No. 04–186 to facilitate the efficient use of eligible broadcast 
television frequencies by certified unlicensed devices, which 
shall include rules and procedures— 
‘‘(1) to protect licensees from harmful inter-
ference from certified unlicensed devices; 
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‘‘(2) to require certification of unlicensed devices 
designed to be operated in the eligible broadcast tele-
vision frequencies that includes testing, which may 
include testing in an independent laboratory certified 
by the Commission and field testing, that dem-
onstrates— 
‘‘ (A) compliance with the requirements set 
forth pursuant to this paragraph; and 
‘‘(B) that such compliance effectively pro-
tects licensees from harmful interference; 
‘‘(3) to require manufacturers of such devices to 
include a means of disabling or modifying the device 
remotely if the Commission determines that certain 
certified unlicensed devices may cause harmful inter-
ference to licensees; 
‘‘(4) to act immediately on any bona fide com-
plaints from licensees that a certified unlicensed de-
vice 
causes 
harmful 
interference 
including 
verification, in the field, of actual harmful inter-
ference; and 
‘‘(5) to limit the operation or use of certified un-
licensed devices within any geographic area in which 
a public safety entity is authorized to operate as a 
primary licensee within the eligible broadcast tele-
vision frequencies. 
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‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) CERTIFIED UNLICENSED DEVICE.—The term 
‘certified unlicensed device’ means a device certified 
under subsection (b)(2). 
‘‘(2) ELIGIBLE
BROADCAST
TELEVISION
FRE-
QUENCIES.—The term ‘eligible broadcast television 
frequencies’ means the following frequencies: 
‘‘(A) All frequencies between 54 and 72 
megaHertz, inclusive. 
‘‘(B) All frequencies between 76 and 88 
megaHertz, inclusive. 
‘‘(C) All frequencies between 174 and 216 
megaHertz, inclusive. 
‘‘(D) All frequencies between 470 and 608 
megaHertz, inclusive. 
‘‘(E) All frequencies between 614 and 698 
megaHertz, inclusive. 
‘‘(3) LICENSEE.—The term ‘licensee’ means a li-
censee, as defined in section 3(24), that is operating 
in a manner that is not inconsistent with its li-
cense.’’. 
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