TINKERING WITH TELECOMMUNICATIONS ACTTo make the telecommunications industry work better for consumers
SECTION I: NAMEa. This law shall be known as the Tinkering with Telecommunications Act
SECTION II: SPECTRUM AVAILABILITYa. The National Telecommunication and Information Agency (NTIA) and the Federal Communications Commission shall study and jointly publish a report by January 1, 2023 identifying all excess or underutilized federal electromagnetic spectrum frequencies unrelated to emergency frequencies. Such study shall include an analysis of excess “white space” between existing frequencies. On April 1, 2023, the NTIA shall conduct public auctions for ten (10) year rights to those spectrum frequencies identified in the report.
b. The sales terms of the auction shall include a provision that the spectrum leaseholder must utilize or sell their spectrum frequency within the first eighteen (18) months of acquisition or else the rights to the spectrum frequency revert back to federal management. Upon such reversion, a new auction for the frequency shall be held within six (6) months upon the same terms as the first.
c. Bidders at an auction conducted in accordance with this act shall not be subject to any aggregation limits on their potential purchases.
d. Any auctioned spectrum frequencies in the 14.0-14.5-GHz Band shall be reserved for bidders who certify that such frequency shall be used in the provision of internet services to aircraft.
e. The 70CM Band shall be reserved for public use by amateur radio licensees.
f. Nothing in federal law shall be interpreted as prohibiting persons from using satellites in the dissemination of signals along appropriately leased frequencies, provided
that all: such signals do not interfere with other frequencies to which that person does not have an agreement to interfere with;
- such satellites do not cause harmful interference to other authorized users of the radio frequency spectrum;
- satellite operators conduct missions from the lowest possible altitudes, in order to minimize the time satellites are illuminated, in accordance with 6.4.1.1.R12 of the IAU's 2020 Satellite Constellation Report;
- such satellites reflect sunlight at an intensity fainter than 7.0 Vmag+2.5 × log(SatAltitude / 550 km), or equivalently, 44 ×(550 km / SatAltitude) watts/steradian, as recorded by high etendue (effective area × field of view), large-aperture ground-based telescopes, as suggested in 6.4.1.1.R15 of the IAU's 2020 Satellite Constellation Report;
- satellite operators provide astronomers with pre-launch predictions and timely post-launch confirmations of the initial deployment orbits for satellites, in accordance with 6.4.1.1.R18 of the IAU's 2020 Satellite Constellation Report;
- satellite operators maintain and make available to astronomers, satellite ephemeris predictions with a sky location precision of arcseconds and a time precision of a tenth of a second, up to 12 hours in advance, in accordance with 6.4.1.1.R19 of the IAU's 2020 Satellite Constellation Report;
g. The FCC shall be prohibited from blocking or interfering with secondary sales of spectrum frequencies purchased at auction.
h. The regulation granting automatic roaming rights to cell phone carriers shall be amended to exclude cell phone carriers who already own spectrum rights in the specific market area.
i. The regulation purporting to remove local authority for cell tower siting is hereby eliminated. FCC's Small Cell Siting Declaratory Ruling "Accelerating Broadband deployment" WT Docket No. 17-79 and 17-84 (2018) is hereby rescinded.
j. The FCC shall classify Digital Subscriber Line (DSL) as broadband for the purposes of rulemaking.
SECTION III: TELEVISION CHANNELSa. Cable and Satellite companies that have purchased the right to air a sporting event across their network
shall not be required to may not “black out” or refuse to air that sporting event in specific geographic markets.
b. Cable providers may continued to carry broadcast stations on an interim basis during disputes over retransmission consent fees.
c. Satellite
and cable providers shall be prohibited from refusing to offer a la carte packages of available content channels to subscribers
provider provided the subscriber selects a minimum of
ten (10) four (4) channels.
d. Media companies shall be prohibited from requiring cable and satellite providers to carry specific cable channels in order to obtain broadcast stations.
e. All fees and/or surcharges charged by television providers in addition to the base subscription fee (including but not limited to service fees, applicable federal, state, and local taxes, equipment rental fees, supplementary fees, Regional Sports fees, DVR charges, Broadcast TV fees, capital fees, franchise fees, and FCC administration fees) shall be disclosed at the time of subscription, and must be included in any price advertised to consumers.
f. Any additional fees, increases in existing fees, and increases in subscription costs introduced by television providers must be disclosed to any affected subscribers with six (6) months' advance notice, and providers must deliver said notice through subscribers' preferred communication method at each of the following intervals:- six (6) months prior to aforementioned changes;
- three (3) months prior to aforementioned changes, and;
- one (1) month prior to aforementioned changes;
g. The advertisement of promotional subscription rates for internet and television services shall be prohibited unless said promotional rates are effective indefinitely throughout the entire duration of a subscriber's relationship with the provider.
h. All internet and television providers must provide subscribers with the ability to, at any time, cancel, suspend with no fee, or modify their subscription through an online portal.
i. Internet and television providers shall be prohibited from charging early contract termination or cancellation fees exceeding the equivalent of two months of the subscription.
SECTION IV: FCC REFORMa. All of the separate reports that the FCC is required to make to Congress each year shall be consolidated into one large report due on the harmonized date of the first workday of the new year.
b. Beginning in FY 2023 the following programs shall be eliminated:
1. Broadband Opportunities Program
2. Lifeline Program
3. Public Safety Interoperable System Grant Program
4. Public Telecommunications Facilities Program
5. Technology Opportunities Program
c. On January 1, 2023 The NTIA and all of its duties shall be consolidated into the FCC.
d.E-Rate Applicants shall be permitted to file physical copies of their application until January 1, 2023.
SECTION V: TIMEa. Unless otherwise provided herein, this act shall take effect immediately.
