RÉSUMÉ DIGEST
ACT 237 (HB 465) 2021 Regular Session Mike Johnson
Existing law grants authority to the Governor's Office of Homeland Security and Emergency
Preparedness (GOHSEP) to address issues relating to public safety and emergency response.
New law creates an exception to the general authority granted to GOHSEP in existing law
by removing the authority to oversee, direct, or manage the 4.9 GHz band.
New law defines "4.9 GHz band" and "office".
New 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).
New law requires the office to develop a policy for leasing the band and to ensure that the
policy complies with existing law.
New law requires the band be leased using a blind auction method and provides a procedure
for the blind auction.
New law provides that the band be auctioned in accordance with the following:
(1)Three portions of the band, each consisting of 10 megahertz of the band for Priority
Access License.
(2)Ten megahertz of the band for General Authorized Access.
New law requires that 10 megahertz of the band be reserved for public safety usage.
New law requires the office to implement a tiered spectrum-sharing architecture, using an
approved Spectrum Access System, that provides incumbent and license holder protection
and provides the requisite functions and capabilities of the system.
New law requires the office to implement 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 the General Authorized Access license at no cost when the Priority Access
License holder is not using the spectrum.
New law prohibits the office from auctioning or leasing any spectrum currently in use by an
incumbent.
New law allows an incumbent to consolidate spectrum into one continuous band.
New law limits the length of the auction to three years and allows a winning bidder to apply
for an additional two years of usage.
New 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, new law requires the office to attempt to auction that portion
again within one year.
New law requires the initial auction to take place on or before June 10, 2022.
New law provides that the 50% of the proceeds from the auction shall go to the office and
the other 50% shall go to the parish from which the spectrum originated for public safety
equipment.
New law prohibits the office from auctioning off a portion of the band located in the
following parishes within the 2022 calendar year: (1)Ascension
(2)Bossier
(3)Caddo
(4)Calcasieu
(5)DeSoto
(6)East Baton Rouge
(7)Iberia
(8)Jefferson
(9)Lafayette
(10)Lafourche
(11)Lincoln
(12)Plaquemines
(13)Rapides
(14)St. Bernard
(15)St. Charles
(16)St. James
(17)St. John the Baptist
(18)St. Tammany
(19)Terrebonne
(20)West Baton Rouge
New law prohibits the office from auctioning any portion of the band located in Ouachita
Parish to any natural or juridical person.
New law requires auction winners, incumbents, and entities using the band for public safety
use to submit reports to the office before Jan. 1, 2023, and provides the information to be
contained in the report.
New law requires the office to submit a report to the House and Senate commerce
committees prior to March 1, 2023, and provides the information to be contained in the
report.
New 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.
New law provides the membership, meeting requirements, considerations, and reporting
requirements each task force is required to comply with.
New law requires the executive director of broadband development and connectivity to serve
as chair of both task forces.
New law requires both task forces to submit reports to the legislature.
Effective August 1, 2021. (Amends R.S. 29:725.4; Adds R.S. 51:1371-1376)