Louisiana Revised Statutes 51:1373 – Auctioning of the 4.9 GHz band; authority; policy requirements
Terms Used In Louisiana Revised Statutes 51:1373
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Office: means the office under the direction of the executive director of broadband development and connectivity. See Louisiana Revised Statutes 51:1372
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. The office is hereby designated as the lessor of the 4.9 GHz band, in accordance with Federal Communications Commission rules. The office shall oversee, manage, and direct the leasing of the 4.9 GHz band in accordance with all rules and regulations provided in FCC-20-137.
B. The office shall develop a policy for leasing the 4.9 GHz band. The office shall ensure that the policy complies with the federal regulations provided for in Subsection A of this Section and meets all of the following requirements:
(1) Utilizes a blind auction method in which any natural or juridical person interested in leasing the 4.9 GHz band may submit bids to the office, and shall not be provided any information regarding other bids.
(2) Auctions the 4.9 GHz band as follows:
(a) Three portions of the band, each consisting of ten megahertz for Priority Access License.
(b) Reserve ten megahertz of the band for General Authorized Access.
(3) Reserves ten megahertz of the 4.9 GHz band for public safety usage.
(4)(a) Implements a tiered spectrum-sharing architecture, using an approved Spectrum Access System, that provides incumbent and license holder protection.
(b) The Spectrum Access System is required to monitor spectrum utilization, provide interference mitigation control, and provide a reporting mechanism.
(c) In addition to the requirements of Subparagraphs (a) and (b) of this Paragraph, the Spectrum Access System is required to include all of the following capabilities:
(i) Radio registration transmission.
(ii) Interference analysis.
(iii) Incumbent protection.
(iv) License validation.
(v) Radio channel assignment.
(vi) Radio power limits control.
(vii) License protection.
(5) Implements a tiered spectrum-sharing licensing model, that provides a “use it or share it” licensing scheme to allow the general public and enterprise to have access to General Authorized Access licenses at no cost, when the Priority Access License holder is not using the spectrum in a defined area.
(6) In accordance with FCC-20-137, does not auction or lease any spectrum currently in use by any incumbent, but shall allow an incumbent to consolidate spectrum into one continuous band upon request.
(7) Limits the length of the auction for portions of the 4.9 GHz band to three years, and allows an auction winner who utilizes the band to apply for two additional years of usage of the portions won at auction.
(8) Requires an auction winner to utilize his portion of the 4.9 GHz band or submit to the office plans to utilize his portion of the band within three years from the date of possession. If an auction winner has not utilized his portion of the band or submitted plans for utilization, within the three-year period, the office shall regain possession of his portion of the band and shall auction the portion during the following calendar year.
(9) In the event that there are no winning bids for an auctioned portion of the 4.9 GHz band, requires the office to attempt to auction that portion again within one calendar year.
(10) Requires the initial auction to take place on or before June 10, 2022.
(11) Allocates the proceeds from the auction as follows:
(a) Fifty percent to the office.
(b) Fifty percent to the parish from which the spectrum originated, to be used for public safety equipment.
(12)(a) Prohibits the office from auctioning any portion of the 4.9 GHz band in the following parishes to any natural or juridical person during the 2022 calendar year:
(i) Ascension.
(ii) Bossier.
(iii) Caddo.
(iv) Calcasieu.
(v) DeSoto.
(vi) East Baton Rouge.
(vii) Iberia.
(viii) Jefferson.
(ix) Lafayette.
(x) Lafourche.
(xi) Lincoln.
(xii) Plaquemines.
(xiii) Rapides.
(xiv) St. Bernard.
(xv) St. Charles.
(xvi) St. James.
(xvii) St. John the Baptist.
(xviii) St. Tammany.
(xix) Terrebonne.
(xx) West Baton Rouge.
(b) Prohibits the office from auctioning any portion of the 4.9 GHz band in Ouachita Parish to any natural or juridical person.
Acts 2021, No. 237, §2.