From a 7/19 release from my fellow New Englanders, Sen. Snowe and Kerry:


U.S. Senators Olympia J. Snowe (R-Maine) and John Kerry (D-Mass.) today introduced the Spectrum Measurement and Policy Reform Act, comprehensive spectrum reform legislation to modernize the nation’s radio spectrum planning, management, and coordination activities.

“This legislation will lay the groundwork to develop a strong and effective 21st century comprehensive spectrum policy that will provide consumers with additional choices, greater innovation, lower prices and more reliable services,” said Senator Snowe. “Our nation’s competitiveness, economic growth, and national security demand that we allocate the necessary attention to current policy shortcomings, and enactment of this vital legislation will help avert the looming spectrum crisis and allow us to continue to enjoy the boundless benefits of spectrum-based services.”

“Our nation’s airwaves are finite resources, and we need to use them as efficiently as possible,” Senator Kerry said. “This analysis will help us empower innovation, encourage competition, and lower prices for emerging technologies nationwide. Steps like this are essential to expanding broadband internet access while providing a platform where entrepreneurs can create new services and generate jobs. We can and should know how our spectrum is being used and do more to encourage more efficient and productive use. We look forward to working with the Administration and the communications community to move forward with this important legislation.”

Senators Snowe and Kerry, senior members of the Senate Committee on Commerce, Science, and Transportation and longtime champions of spectrum reform, designed the bipartisan measure to complement the Federal Communications Commission's (FCC) National Broadband Plan in promoting more efficient use of spectrum and ensuring that the proper framework is in place to meet the future telecommunications needs of the nation. Specifically, the Spectrum Measurement and Policy Reform Act tasks the FCC and the National Telecommunications and Information Administration (NTIA) to perform much needed spectrum measurements to determine actual usage and occupancy rates. This data will assist policymakers and the public in making informed decisions about future spectrum uses. In addition, the bill requires greater collaboration between the FCC and NTIA on spectrum policy and management related issues, implementation of spectrum sharing and reuse programs, as well as more market-based incentives to promote efficient spectrum use; and, sets a deadline for the creation of the National Strategic Spectrum Plan, which will provide a long-term vision for domestic spectrum use and strategies to meet those needs.
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Section 4(b)(1) 0f the bill requires NTIA and FCC to identify based on actual surveys:

(A) 120 megahertz below 4 gigahertz worth of close proximity electromagnetic spectrum that is most feasible for spectrum sharing opportunities for commercial and government users;
(B) 120 megahertz below 4 gigahertz worth of close proximity electromagnetic spectrum that is most feasible for spectrum reuse opportunities for commercial and government users;
(C) 120 megahertz below 4 gigahertz worth of electromagnetic spectrum that is most feasible for temporary or dynamic short-term assignment and use;
(D) 120 megahertz below 4 gigahertz worth of close proximity electromagnetic spectrum that is most feasible for spectrum layering opportunities for commercial and government users.

Section 6(b)(2) lets NTIA withhold spectrum from federal users, charge federal users an annual fee based on market value, and allows incentive awards for agencies that allow their spectrum to be auctioned

Section 6(g) creates an IRAC “shot clock” to require IRAC to “ act within 30 days” on certain items.

My sometimes clients at New America Foundation commented:

"We applaud Senators Kerry and Snowe for their forward-looking efforts to promote spectrum access and mobile broadband innovation," said Michael Calabrese, who directs the New America Foundation's Wireless Future Program. "The Kerry-Snowe bill maps a path to opening enormous amounts of grossly underutilized spectrum, especially federal government bands, for licensed, unlicensed and shared access by the private sector."

The more establishment trade organizations have not commented yet on the bill. I will add this comments when available.