text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Private Wireless Spectrum Use Act''.
  
  SEC. 2. FINDINGS.
  
      The Congress makes the following findings:
              (1) Competent management of the electromagnetic radio 
          spectrum includes continued availability of spectrum for 
          private wireless entities because of such entitiesD23/' unique 
          ability to achieve substantial efficiencies in their use of 
          this important and finite public resource. A private wireless 
          system licensee or entity is able to customize communications 
          systems to meet the individual needs of that licensee or end 
          user while using engineering solutions and other cooperative 
          arrangements to share spectrum with other private system 
          licensees and entities without causing harmful interference or 
          other degradation of quality or reliability to such other 
          licensees or entities. Accordingly, spectrum allocations for 
          the shared use of private wireless systems achieve a high level 
          of spectrum use efficiency and contribute to the economic and 
          social welfare of the United States.
              (2) Wireless communication systems dedicated to the 
          internal communication needs of America's industrial, land 
          transportation, energy (including utilities and pipelines), and 
          other business enterprises are critical to the competitiveness 
          of American industry and business in international commerce; 
          increase corporate productivity; enhance the safety and welfare 
          of employees; and improve the delivery of products and services 
          to consumers in the United States and abroad.
              (3) During the past decade, the Federal Communications 
          Commission allocation and licensing policies have led to 
          dramatic increases in spectrum available for commercial mobile 
          radio services while the spectrum available for private mobile 
          radio systems has decreased, even though the Commission 
          recognizes the spectrum use efficiencies and other public 
          benefits of such private systems and the substantial increases 
          in the use of such systems.
              (4) Spectrum auctions are designed to select among 
          competing applications for spectrum licenses when engineering 
          solutions, negotiation, threshold qualifications, service 
          regulations, and other cooperative means employed by the 
          Commission are not able to prevent mutual exclusivity among 
          such applications. Private wireless systems, on the other hand, 
          avoid mutual exclusivity through cooperative, multiple uses 
          generally achieved by the Commission, the users, or the 
          frequency advisory committees. Accordingly, the requirements of 
          such private wireless systems are accommodated within the 
          spectrum bands allocated for private uses. Since there is no 
          mutual exclusivity among private wireless system applications, 
          there is no need for the Commission to employ a mechanism, such 
          as auctions, to select among applications. Auction valuation 
          principles also do not apply to the private wireless licensing 
          process because the private wireless spectrum is not used on a 
          commercial, interconnected basis. Rather, such private 
          allocations are used for internal communications applications 
          to enhance safety, efficiency and productivity. Nonetheless, 
          there should be some payment associated with the assignment of 
          new private wireless spectrum, and the Commission can and 
          should develop a payment mechanism for this purpose.
  
  SEC. 3. DEFINITIONS.
  
      Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is 
  amended--
              (1) by redesignating paragraphs (33) through (52) as 
          paragraph (35) through (54); and
              (2) by inserting after paragraph (32) the following:
              ``(33) Private Wireless System.--The term `private wireless 
          system' means an infrastructure of telecommunications equipment 
          and customer premises equipment that is owned by, and operated 
          solely to meet the internal wireless communication needs of, an 
          industrial, business, transportation, education, or energy 
          (including utilities and pipelines) entity, or other licensee.
              ``(34) Private Wireless Provider.--The term `private 
          wireless provider' means an entity that owns, operates, or 
          manages an infrastructure of telecommunications equipment and 
          customer premises equipment that is--
                      ``(A) used solely for the purpose of meeting the 
                  internal communications needs of another entity that is 
                  an industrial, business, transportation, education, or 
                  energy (including utilities and pipelines) entity, or 
                  similar end-user;
                      ``(B) neither a commercial mobile service (as 
                  defined in section 332(d)(1)) nor used to provide 
                  public safety services (as defined in section 
                  337(f)(1)); and
                      ``(C) not interconnected with the public switched 
                  network.''.
  
  SEC. 4. ALLOCATION AND ASSIGNMENT OF ADDITIONAL SPECTRUM.
  
      Part I of title III of the Communications Act of 1934 (47 U.S.C. 
  301) is amended by inserting after section 337 the following:
  
  ``SEC. 338. ALLOCATION AND ASSIGNMENT OF SPECTRUM FOR PRIVATE WIRELESS 
                USES.
  
      ``(a) Rulemaking Required.--Within 120 days after the date of 
  enactment of the Private Wireless Spectrum Use Act, the Commission 
  shall initiate a rulemaking designed to identify and allocate at least 
  12 megahertz of electromagnetic spectrum located between 150 and 2,000 
  megahertz for use by private wireless licensees on a shared-use basis. 
  The new spectrum proposed to be reallocated shall be available and 
  appropriate for use by private wireless communications systems and 
  shall accommodate the need for paired allocations and for proximity to 
  existing private wireless spectrum allocations. In accommodating the 
  various private wireless system needs in this rulemaking, the 
  Commission shall reserve at least 50 percent of the reallocated 
  spectrum for the use of private wireless systems. The remaining 
  reallocated spectrum shall be available for use by private wireless 
  providers solely for the purpose described in section 3(34)(A).
      ``(b) Order Required.--Within 180 days after the Commission 
  initiates the rulemaking required by subsection (a), the Commission, in 
  consultation with its frequency advisory committees, shall--
              ``(1) issue an order reallocating spectrum in accordance 
          with subsection (a); and
              ``(2) issue licenses for the reallocated spectrum in a 
          timely manner.''.
  
  SEC. 5. REIMBURSEMENT FOR ADDITIONAL SPECTRUM ALLOCATED FOR PRIVATE 
                WIRELESS SYSTEM USE.
  
      Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309 
  (j)) is amended by inserting after paragraph (14) the following:
              ``(15) Spectrum efficiency for shared spectrum.--
                      ``(A) Within 120 days after the date of enactment 
                  of the Private Wireless Spectrum Use Act, the 
                  Commission shall initiate a rulemaking to devise a 
                  schedule of payment to the Treasury by private wireless 
                  systems, and by private wireless providers for the 
                  purpose described in section 3(34)(A), in return for a 
                  license or other ability to use a portion of the 
                  spectrum reallocated under section 338. The schedule 
                  shall be designed to promote the efficient use of those 
                  frequencies.
                      ``(B) Within 180 days after the Commission 
                  initiates the rulemaking required by subparagraph (A), 
                  the Commission, after consultation with its frequency 
                  advisory committees and after opportunity for comment, 
                  shall adopt a schedule of payment in accordance with 
                  subparagraph (A) and which it determines to be in the 
                  public interest.
                      ``(C) In adopting the schedule of payments referred 
                  to in subparagraph (A), the Commission--
                              ``(i) may not base a finding of public 
                          interest, convenience, and necessity on the 
                          expectation of Federal revenues for the use of 
                          such schedule of payment; and
                              ``(ii) shall take into account the private 
                          nature of the systems, the safety and 
                          efficiencies realized by the public as a result 
                          of these private uses, the amount of bandwidth 
                          and coverage area and geographic location of 
                          the license, and the degree of frequency-
                          sharing.''.
  
  SEC. 6. SPECTRUM SHARING
  
      Section 309(j)(6) of the Communications Act of 1934 (47 U.S.C. 
  309(j)(6)) is amended--
              (1) by striking ``or'' at the end of subparagraph (G);
              (2) by striking ``Act.'' in subparagraph (H) and inserting 
          ``Act; or''; and
              (3) by adding at the end the following:
                      ``(I) be construed to permit the Commission to take 
                  any action to create mutual exclusivity where it does 
                  not already exist.''.
  
  SEC. 7. CONFORMING AND TECHNICAL AMENDMENTS.
  
      (a) Private Mobile Service.--Section 332(d) of the Communications 
  Act of 1934 (47 U.S.C. 332(d)) is amended--
              (1) by inserting ``and'' after the semicolon in paragraph 
          (1);
              (2) by striking ``(c)(1)(B); and'' in paragraph (2) and 
          inserting ``(c)(1)(B).''; and
              (3) by striking paragraph (3).
      (b) Application of Spectrum-use Payment Schedule to New Licenses.--
  Section 337(a)(2) of the Communications Act of 1934 (47 U.S.C. 
  337(a)(2)) is amended by inserting ``or spectrum use payment schedule'' 
  after ``competitive bidding''.
      (c) Exemption From Competitive Bidding.--Section 309(j)(2) of the 
  Communications Act of 1934 (47 U.S.C. 309(j)(2)) is amended--
              (1) by striking ``or'' at the end of subparagraph (B);
              (2) by striking ``Act.'' in subparagraph (C) and inserting 
          ``Act; or''; and
              (3) by adding at the end thereof the following:
                      ``(D) for private wireless systems, and for private 
                  wireless providers for the purpose described in section 
                  3(34)(A), that--
                              ``(i) are used to enhance the productivity 
                          or safety of business or industry; and
                              ``(ii) are not made commercially available 
                          to the public, except for that purpose.''.
      (d) Technical Amendment.--Section 271(c)(1)(A) of the 
  Communications Act of 1934 (47 U.S.C. 271(c)(1)(A)) is amended by 
  striking ``3(47)(A),'' and inserting ``3(49)(A),''.
target: Requires the FCC to: (1) devise a schedule for payments to the Treasury for shared-use spectrum used by private wireless systems; and (2) adopt a payment schedule determined to be in the public interest.
  Prohibits competitive bidding requirements from being construed to permit the FCC to take any action to create mutual exclusivity where it does not already exist.
feat_title: Private Wireless Spectrum Use Act