Text: H.R.5947 — 111th Congress (2009-2010)All Information (Except Text)

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Introduced in House (07/29/2010)


111th CONGRESS
2d Session
H. R. 5947


To amend the Communications Act of 1934 to provide for voluntary incentive auction revenue sharing, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

July 29, 2010

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


A BILL

To amend the Communications Act of 1934 to provide for voluntary incentive auction revenue sharing, 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 “Voluntary Incentive Auctions Act of 2010”.

SEC. 2. Incentive-based auctions.

Section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)) is amended—

(1) in subparagraph (A), by striking “(D), and (E),” and inserting “(D), (E), and (F),”; and

(2) by adding at the end the following:

    “(F) VOLUNTARY INCENTIVE AUCTION REVENUE SHARING PLAN.—If the Commission determines that it is consistent with the public interest in utilization of the spectrum for a licensee to relinquish voluntarily some or all of its licensed spectrum usage rights in order to permit the assignment of new initial licenses or the allocation of spectrum for unlicensed use subject to new service rules, the proceeds from the use of a competitive bidding system under this subsection may be shared, in an amount or percentage determined in the discretion of the Commission, with any licensee who agrees to participate in relinquishing voluntarily such spectrum usage rights.”.

SEC. 3. Federal Communications Commission action.

Not later than 1 year after the date of enactment of this Act, the Federal Communications Commission shall establish rules for the implementation of the voluntary incentive auction revenue sharing plan in section 309(j)(8)(F) of the Communications Act of 1934.

SEC. 4. Prohibition on Federal Communications Commission action.

(a) In general.—The Federal Communications Commission shall not reclaim frequencies of broadcast television licensees or any other licensees directly or indirectly on an involuntary basis for the purpose of section 309(j)(8)(F) of the Communications Act of 1934.

(b) Savings provision.—Nothing in this Act or in the amendments made by this Act shall permit, or be construed as permitting, the Federal Communications Commission to reclaim frequencies of broadcast television licensees or any other licensees directly or indirectly on an involuntary basis for the purpose of section 309(j)(8)(F) of the Communications Act of 1934.