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47 U.S.C. § 1455 — Deadlines for auction of certain spectrum
Federal law — U.S. Code and appendices · legal_authorities
**(a) Clearing certain Federal spectrum**
(1) **In general** — The President shall—
(A) not later than 3 years after February 22, 2012, begin the process of withdrawing or modifying the assignment to a Federal Government station of the electromagnetic spectrum described in paragraph (2); and
(B) not later than 30 days after completing the withdrawal or modification, notify the Commission that the withdrawal or modification is complete.
(2) **Spectrum described** — The electromagnetic spectrum described in this paragraph is the 15 megahertz of spectrum between 1675 megahertz and 1710 megahertz identified under paragraph (3).
(3) **Identification by Secretary of Commerce** — Not later than 1 year after February 22, 2012, the Secretary of Commerce shall submit to the President a report identifying 15 megahertz of spectrum between 1675 megahertz and 1710 megahertz for reallocation from Federal use to non-Federal use.
**(b) Reallocation and auction**
(1) **In general** — Notwithstanding paragraph (15)(A) of [section 309(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section309/j&num=0&edition=prelim), not later than 3 years after February 22, 2012, the Commission shall, except as provided in paragraph (4)—
(A) allocate the spectrum described in paragraph (2) for commercial use; and
(B) through a system of competitive bidding under such section, grant new initial licenses for the use of such spectrum, subject to flexible-use service rules.
(2) **Spectrum described** — The spectrum described in this paragraph is the following:
(A) The frequencies between 1915 megahertz and 1920 megahertz.
(B) The frequencies between 1995 megahertz and 2000 megahertz.
(C) The frequencies described in subsection (a)(2).
(D) Th
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Source file: Laws/federal/codes/united-states-code/title-47/section-1455-deadlines-for-auction-of-certain-spectrum--25c1deb621.md
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Source location: Title 47, Chapter 13, § 1455; chapter-013-public-safety-communications-and-electromagnetic-spectrum-auctions.md
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**(a) Clearing certain Federal spectrum**
(1) **In general** — The President shall—
(A) not later than 3 years after February 22, 2012, begin the process of withdrawing or modifying the assignment to a Federal Government station of the electromagnetic spectrum described in paragraph (2); and
(B) not later than 30 days after completing the withdrawal or modification, notify the Commission that the withdrawal or modification is complete.
(2) **Spectrum described** — The electromagnetic spectrum described in this paragraph is the 15 megahertz of spectrum between 1675 megahertz and 1710 megahertz identified under paragraph (3).
(3) **Identification by Secretary of Commerce** — Not later than 1 year after February 22, 2012, the Secretary of Commerce shall submit to the President a report identifying 15 megahertz of spectrum between 1675 megahertz and 1710 megahertz for reallocation from Federal use to non-Federal use.
**(b) Reallocation and auction**
(1) **In general** — Notwithstanding paragraph (15)(A) of [section 309(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section309/j&num=0&edition=prelim), not later than 3 years after February 22, 2012, the Commission shall, except as provided in paragraph (4)—
(A) allocate the spectrum described in paragraph (2) for commercial use; and
(B) through a system of competitive bidding under such section, grant new initial licenses for the use of such spectrum, subject to flexible-use service rules.
(2) **Spectrum described** — The spectrum described in this paragraph is the following:
(A) The frequencies between 1915 megahertz and 1920 megahertz.
(B) The frequencies between 1995 megahertz and 2000 megahertz.
(C) The frequencies described in subsection (a)(2).
(D) The frequencies between 2155 megahertz and 2180 megahertz.
(E) Fifteen megahertz of contiguous spectrum to be identified by the Commission.
(3) **Proceeds to cover 110 percent of Federal relocation or sharing costs** — Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of [section 309(j)(16)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section309/j/16/B&num=0&edition=prelim).
(4) **Determination by Commission** — If the Commission determines that the band of frequencies described in paragraph (2)(A) or the band of frequencies described in paragraph (2)(B) cannot be used without causing harmful interference to commercial mobile service licensees in the frequencies between 1930 megahertz and 1995 megahertz, the Commission may not—
(A) allocate such band for commercial use under paragraph (1)(A); or
(B) grant licenses under paragraph (1)(B) for the use of such band.
**(c) Omitted**
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Considerations in granting application** Subject to the provisions of this section, the Commission shall determine, in the case of each application filed with it to which [section 308 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section308&num=0&edition=prelim) applies, whether the public interest, convenience, and necessity will be served by the granting of such application, and, if the Commission, upon examination of such application and upon consideration of such other matters as the Commission may officially notice, shall find that public interest, convenience, and necessity would be served by the granting thereof, it shall grant such application.
**(b) Time of granting application** Except as provided in subsection (c) of this section, no such application—
(1) for an instrument of authorization in the case of a station in the broadcasting or common carrier services, or
(2) for an instrument of authorization in the case of a station in any of the following categories:
(A) industrial radio positioning stations for which frequencies are assigned on an exclusive basis,
(B) aeronautical en route stations,
(C) aeronautical advisory stations,
(D) airdrome control stations,
(E) aeronautical fixed stations, and
(F) such other stations or classes of stations, not in the broadcasting or common carrier services, as the Commission shall by rule prescribe,
shall be granted by the Commission earlier than thirty days following issuance of public notice by the Commission of the acceptance for filing of such application or of any substantial amendment thereof.
**(c) Applications not affected by subsection (b)** Subsection (b) of this section shall not apply—
(1) to any minor amendment of an application to which such
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 309
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Communications facility** — The term “communications facility” includes—
(A) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of all kinds; and
(B) any antenna or apparatus that—
(i) is designed for the purpose of emitting radio frequency;
(ii) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal Communications Commission or is using duly authorized devices that do not require individual licenses; and
(iii) is added to a tower, building, or other structure.
(2) **Communications site** — The term “communications site” means an area of covered land designated for communications uses.
(3) **Communications use** — The term “communications use” means the placement and operation of a communications facility.
(4) **Communications use authorization** — The term “communications use authorization” means an easement, right-of-way, lease, license, or other authorization to locate or modify a communications facility on covered land by the Forest Service for the primary purpose of authorizing the occupancy and use of the covered land for communications use.
(5) **Covered land** — The term “covered land” means National Forest System land.
(6) **Forest Service** — The term “Forest Service” means the United States Forest Service of the Department of Agriculture.
(7) **Organizational unit** — The term “organizational unit” means, within the Forest Service—
(A) a regional office;
(B) the headqu
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds the following:
(1) The deployment and adoption of broadband technology has resulted in enhanced economic development and public safety for communities across the Nation, improved health care and educational opportunities, and a better quality of life for all Americans.
(2) Continued progress in the deployment and adoption of broadband technology is vital to ensuring that our Nation remains competitive and continues to create business and job growth.
(3) Improving Federal data on the deployment and adoption of broadband service will assist in the development of broadband technology across all regions of the Nation.
(4) The Federal Government should also recognize and encourage complementary State efforts to improve the quality and usefulness of broadband data and should encourage and support the partnership of the public and private sectors in the continued growth of broadband services and information technology for the residents and businesses of the Nation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Facility modifications**
(1) **In general** — Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104–104) or any other provision of law, a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.
(2) **Eligible facilities request** — For purposes of this subsection, the term “eligible facilities request” means any request for modification of an existing wireless tower or base station that involves—
(A) collocation of new transmission equipment;
(B) removal of transmission equipment; or
(C) replacement of transmission equipment.
(3) **Applicability of environmental laws** — Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of the National Historic Preservation Act 11 See References in Text note below. or the National Environmental Policy Act of 1969.
**(b) Federal easements, rights-of-way, and leases**
(1) **Grant** — If an executive agency, a State, a political subdivision or agency of a State, or a person, firm, or organization applies for the grant of an easement, right-of-way, or lease to, in, over, or on a building or other property owned by the Federal Government for the right to install, construct, modify, or maintain a communications facility installation, the executive agency having control of the building or other property may grant to the applicant, on behalf of the Federal Government, subject to paragraph (3), an easement, right-of-way, or lease to perform such installation, construction, modification, or maintenance.
(2) **Application**
(A) *In general* — The Administrator of Gener
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1472
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Appropriate committees of Congress** — The term “appropriate committees of Congress” means—
(A) the Committee on Commerce, Science, and Transportation of the Senate;
(B) the Committee on Energy and Commerce of the House of Representatives; and
(C) each committee of the Senate or of the House of Representatives with jurisdiction over a Federal entity affected by the applicable section in which the term appears.
(2) **Commission** — The term “Commission” means the Federal Communications Commission.
(3) **Federal entity** — The term “Federal entity” has the meaning given the term in section 923(l) of this title.
(4) **NTIA** — The term “NTIA” means the National Telecommunications and Information Administration of the Department of Commerce.
(5) **OMB** — The term “OMB” means the Office of Management and Budget.
(6) **Secretary** — The term “Secretary” means the Secretary of Commerce.
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1501
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Federal law — U.S. Code and appendices · legal_authorities
Page 450
TITLE 47—TELECOMMUNICATIONS
§ 1454
1 See References in Text note below.
tween the frequencies from 5850 megahertz to
5925 megahertz.
(Pub. L. 112–96, title VI, § 6406, Feb. 22, 2012, 126
Stat. 231.)
§ 1454. Guard bands and unlicensed use
(a) In general
Nothing
in
subparagraph
(G)
of
section
309(j)(8) of this title or in section 1452 of this
title shall be construed to prevent the Commis-
sion from using relinquished or other spectrum
to implement band plans with guard bands.
(b) Size of guard bands
Such guard bands shall be no larger than is
technically reasonable to prevent harmful inter-
ference between licensed services outside the
guard bands.
(c) Unlicensed use in guard bands
The Commission may permit the use of such
guard bands for unlicensed use.
(d) Database
Unlicensed use shall rely on a database or sub-
sequent methodology as determined by the Com-
mission.
(e) Protections against harmful interference
The Commission may not permit any use of a
guard band that the Commission determines
would cause harmful interference to licensed
services.
(Pub. L. 112–96, title VI, § 6407, Feb. 22, 2012, 126
Stat. 231.)
§ 1455. Wireless facilities deployment
(a) Facility modifications
(1) In general
Notwithstanding section 704 of the Tele-
communications Act of 1996 (Public Law
104–104) or any other provision of law, a State
or local government may not deny, and shall
approve, any eligible facilities request for a
modification of an existing wireless tower or
base station that does not substantially
change the physical dimensions of such tower
or base station.
(2) Eligible facilities request
For purposes of this subsection, the term
‘‘eligible facilities request’’ means any request
for modification of an existing wireless
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 1455
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