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H.R. 8545 (116th): Beat CHINA for 5G Act of 2020

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The text of the bill below is as of Oct 6, 2020 (Introduced). The bill was not enacted into law.

I

116th CONGRESS

2d Session

H. R. 8545

IN THE HOUSE OF REPRESENTATIVES

October 6, 2020

(for himself, Mr. Latta, and Mr. Guthrie) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To provide for the reallocation and auction of the electromagnetic spectrum between the frequencies of 3450 megahertz and 3550 megahertz, and for other purposes.

1.

Short title

This Act may be cited as the Beat China by Harnessing Important, National Airwaves for 5G Act of 2020 or the Beat CHINA for 5G Act of 2020.

2.

Reallocation and auction of 3450–3550 MHz spectrum band

(a)

Withdrawal or modification of Federal Government assignments

The President, acting through the Assistant Secretary of Commerce for Communications and Information, shall—

(1)

not later than 180 days after the date of the enactment of this Act, in coordination with relevant Federal users, begin the process (if necessary) of withdrawing or modifying the assignments to Federal Government stations of the electromagnetic spectrum between the frequencies of 3450 megahertz and 3550 megahertz, inclusive; and

(2)

not later than 30 days after completing any such necessary withdrawal or modification under paragraph (1), notify the Commission that the withdrawal or modification is complete.

(b)

Reallocation and auction

(1)

In general

The Commission shall—

(A)

revise the non-Federal allocation for the electromagnetic spectrum between the frequencies of 3450 megahertz and 3550 megahertz, inclusive, to permit flexible-use services; and

(B)

notwithstanding paragraph (15)(A) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), not later than December 31, 2021, begin a system of competitive bidding under such section to grant new initial licenses for the use of such spectrum, subject to flexible-use service rules.

(2)

Exemption from notification requirement

The first sentence of section 113(g)(4)(A) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(4)(A)) shall not apply with respect to the system of competitive bidding required by paragraph (1)(B).

(3)

Proceeds to cover 110 percent of Federal relocation or sharing costs

Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)).

(c)

Commission defined

In this section, the term Commission means the Federal Communications Commission.