To require the Federal Communications Commission to allocate additional spectrum for unlicensed use by wireless broadband devices, and for other purposes.

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

To require the Federal Communications Commission to allocate additional spectrum for unlicensed use by wireless broadband devices, and for other purposes.

Be it enacted by the Senate and House of Representatives 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 INFRASTRUCTURE 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 compromised.

(2) INTERFERENCE PROTECTION- Within 180 days after the date of enactment of this Act, the National Telecommunications and Information Administration shall, after consultation with all interested agencies and parties, including the Department of Defense, establish standards for interference protection that is reasonably required to enable incumbent Federal government agency users of spectrum allocated 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 Commission shall--

(A) with respect to spectrum allocation under paragraph (1), adopt minimal technical and device rules to facilitate robust and efficient 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 communications;

(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 transmission service--

(A) via cable modem, digital subscriber line, wireless, satellite, or other telecommunications 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 Regulations); 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 Communications Act of 1934 (47 U.S.C. 153) has the meaning given that term in that section.

END