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47 U.S.C. § 1505 — Unlicensed services in guard bands

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1505 — Unlicensed services in guard bands

**(a) In general** After public notice and comment, and in consultation with the Assistant Secretary of Commerce for Communications and Information and the head of each affected Federal agency (or a designee thereof), with respect to frequencies allocated for Federal use, the Commission shall adopt rules that permit unlicensed services where feasible to use any frequencies that are designated as guard bands to protect frequencies allocated after March 23, 2018, by competitive bidding under [section 309(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section309/j&num=0&edition=prelim), including spectrum that acts as a duplex gap between transmit and receive frequencies. **(b) Limitation** The Commission may not permit any use of a guard band under this section that would cause harmful interference to a licensed service or a Federal service. **(c) Rule of construction** Nothing in this section shall be construed as limiting the Commission or the Assistant Secretary of Commerce for Communications and Information from otherwise making spectrum available for licensed or unlicensed use in any frequency band in addition to guard bands, including under [section 1502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1502&num=0&edition=prelim), consistent with their statutory jurisdictions.

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Source location: Title 47, Chapter 14, § 1505; chapter-014-making-opportunities-for-broadband-investment-and-limiting-excessive-and-needless-obstacles-to-wireless.md

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1502 — Identifying 255 megahertz

**(a) Requirements** (1) **In general** — Not later than December 31, 2022, the Secretary, working through the NTIA, and the Commission shall identify a total of at least 255 megahertz of Federal and non-Federal spectrum for mobile and fixed wireless broadband use. (2) **Unlicensed and licensed use** — Of the spectrum identified under paragraph (1), not less than— (A) 100 megahertz below the frequency of 8000 megahertz shall be identified for use on an unlicensed basis; (B) 100 megahertz below the frequency of 6000 megahertz shall be identified for use on an exclusive, licensed basis for commercial mobile use, pursuant to the Commission’s authority to implement such licensing in a flexible manner, and subject to potential continued use of such spectrum by incumbent Federal entities in designated geographic areas indefinitely or for such length of time stipulated in transition plans approved by the Technical Panel under [section 923(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section923/h&num=0&edition=prelim) for those incumbent entities to be relocated to alternate spectrum; and (C) 55 megahertz below the frequency of 8000 megahertz shall be identified for use on either a licensed or unlicensed basis, or a combination of licensed and unlicensed. (3) **Non-eligible spectrum** — For purposes of satisfying the requirement under paragraph (1), the following spectrum shall not be counted: (A) The frequencies between 1695 and 1710 megahertz. (B) The frequencies between 1755 and 1780 megahertz. (C) The frequencies between 2155 and 2180 megahertz. (D) The frequencies between 3550 and 3700 megahertz. (E) Spectrum that the Commission determines had more than de minimis mobile or fixed wireless broadband operat

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Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 1505 — Unlicensed services in guard bands

Page 456 TITLE 47—TELECOMMUNICATIONS § 1505 Nothing in this section establishes a mandate or requirement that a State install or allow the in- stallation of broadband infrastructure in a high- way right-of-way. Nothing in this section au- thorizes the Secretary of Transportation to withhold or reserve funds or approval of a project under title 23. (Pub. L. 115–141, div. P, title VI, § 607, Mar. 23, 2018, 132 Stat. 1104.) § 1505. Unlicensed services in guard bands (a) In general After public notice and comment, and in con- sultation with the Assistant Secretary of Com- merce for Communications and Information and the head of each affected Federal agency (or a designee thereof), with respect to frequencies al- located for Federal use, the Commission shall adopt rules that permit unlicensed services where feasible to use any frequencies that are designated as guard bands to protect frequencies allocated after March 23, 2018, by competitive bidding under section 309(j) of this title, includ- ing spectrum that acts as a duplex gap between transmit and receive frequencies. (b) Limitation The Commission may not permit any use of a guard band under this section that would cause harmful interference to a licensed service or a Federal service. (c) Rule of construction Nothing in this section shall be construed as limiting the Commission or the Assistant Sec- retary of Commerce for Communications and In- formation from otherwise making spectrum available for licensed or unlicensed use in any frequency band in addition to guard bands, in- cluding under section 1502 of this title, con- sistent with their statutory jurisdictions. (Pub. L. 115–141, div. P, title VI, § 611, Mar. 23, 2018, 132 Stat. 1109.) § 1506. Rulemaking related to partitioning or disag

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