doc.: 18-11/59r1 Submission July 2011 Rich Kennedy, Research In MotionSlide 1 US House of Representatives 5 GHz Bills Notice: This document has been prepared to assist IEEE It is offered as a basis for discussion and is not binding on the contributing individual(s) or organization(s). The material in this document is subject to change in form and content after further study. The contributor(s) reserve(s) the right to add, amend or withdraw material contained herein. Date: Authors:

doc.: 18-11/59r1 Submission July 2011 Rich Kennedy, Research In MotionSlide 2 Abstract Congresswoman Doris Matsui has introduced in the House, a bill to have the FCC and NTIA study opening two new segments of the 5 GHz bands. Another bill is in the works that would subject this spectrum to auction. This document introduces these actions, and potential impact on IEEE projects.

doc.: 18-11/59r1 Submission Spectrum for Innovation Act of 2011 Quotes from the Matsui bill: –“To require the Federal Communications Commission to modify its regulations to allow certain unlicensed use in the MHz band and the MHz band.” –“IN GENERAL.—Subject to paragraph (2), not later than 1 year after the date of the enactment of this Act, the Federal Communications Commission shall modify part 15 of title 47, Code of Federal Regulations, to allow unlicensed U-NII devices to operate in the MHz band and the MHz band.” July 2011 Rich Kennedy, Research In MotionSlide 3

doc.: 18-11/59r1 Submission Spectrum for Innovation Act of 2011 [2] –“IN GENERAL.—The Assistant Secretary of Commerce for Communications and Information, in consultation with the Federal Communications Commission, shall conduct a study evaluating known and proposed spectrum-sharing technologies and the risk to Federal users if unlicensed U-NII devices were allowed to operate in the MHz band and the MHz band.” –“SUBMISSION.—Not later than 8 months after the date of the enactment of this Act, the Assistant Secretary of Commerce for Communications and Information shall submit the study required by paragraph (1) to— (A) the Federal Communications Commission; and (B) the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.” July 2011 Rich Kennedy, Research In MotionSlide 4

doc.: 18-11/59r1 Submission Spectrum Innovation Act of 2011 Some important sections of the Republican Bill: –(103) The Commission may conduct a reverse auction to determine the amount of compensation that each broadcast television licensee would accept in return for voluntarily relinquishing some or all of its broadcast television spectrum usage rights for assignment or reallocation for unlicensed use through a system of competitive bidding under subparagraph (F) of section 309(j)(8) of the Communications Act of 1934, as added by section 102(3). –(104) Requires that any spectrum made available for commercial use must be done so through auction, regardless whether the spectrum is to be made available on a licensed or unlicensed basis. –(105) Limits the authority of the FCC to use spectrum license conditions to accomplish policy goals that are properly addressed through notice and comment rulemaking. Would prohibit the Commission from placing restrictions on licenses that are related to network management practices, wholesale access, caps on total spectrum holdings, and any other restrictions on eligibility to bid at spectrum auction that are unrelated to the bidders qualifications or fitness to be a Commission licensee. July 2011 Rich Kennedy, Research In MotionSlide 5