DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 465 Engrossed 2021 Regular Session Mike Johnson
Abstract: Regulates the leasing of the 4.9GHz band.
Present law requires the Governor's Office of Homeland Security and Emergency Preparedness
(GOHSEP) to address issues relating to public safety and emergency response, including spectrum.
Proposed law removes the authority to oversee, direct, or manage the 4.9 GHz band from GOHSEP.
Proposed law defines "4.9 GHz band" and "office".
Proposed law designates the office under the control of the executive director of broadband
development and connectivity (office) as the lessor of the 4.9 GHz band (band).
Proposed law requires the office to develop a policy for leasing the band and to ensure that the policy
complies with present law.
Proposed law requires the band be leased using a blind auction method and provides a procedure for
the blind auction.
Proposed law provides that the band be auctioned in accordance with the following:
(1)Three portions of the band, each consisting of 10 megahertz.
(2)One portion of the band consisting of 15 megahertz.
Proposed law requires that five megahertz of the band be reserved for public safety usage.
Proposed law limits the length of the auction to three years and allows a winning bidder to apply for
an additional two years of usage.
Proposed law requires a winning bidder to utilize the awarded portion of the band or submit plans
to utilize portions of the band within three years from the date of possession. If the winning bidder
fails to utilize or submit plans within three years, the office regains possession of the awarded
portion of the band.
If there are no winning bids, proposed law requires the office to attempt to auction that portion again
within one year. Proposed law requires the initial auction to take place on or before June 10, 2022.
Proposed law prohibits the office from auctioning off a portion of the band located in certain
parishes within the 2022 calendar year.
Proposed law requires auction winners, incumbents, and entities using the band for public safety use
to submit reports to the office before Jan. 1, 2022, and provides the information to be contained in
the report.
Proposed law requires the office to submit a report to the House and Senate commerce committees
prior to Jan. 1, 2023, and provides the information to be contained in the report.
Proposed law requires the office, with the assistance of the Division of Administration, to establish,
facilitate, and maintain two separate task forces. One task force shall consider the commercial use
of the band and one task force shall consider the public safety use.
Proposed law provides the membership, meeting requirements, considerations, and reporting
requirements each task force is required to comply with.
Proposed law requires the executive director of broadband development and connectivity to serve
as chair of both task forces.
Proposed law requires both task forces to submit reports to the legislature.
(Amends R.S. 29:725.4; Adds R.S. 51:1371-1376)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the original bill:
1. Remove the requirement that auction winners, incumbents, and entities using the 4.9
GHz band for public safety include an estimate of moving current 4.9GHz band to 5 GHz
band in the report submitted to the office.
2. Make technical changes.