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47 U.S.C. § 1502 — Identifying 255 megahertz
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source location: Title 47, Chapter 14, § 1502; chapter-014-making-opportunities-for-broadband-investment-and-limiting-excessive-and-needless-obstacles-to-wireless.md
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**(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 operations within the band on the day before March 23, 2018.
(4) **Treatment of certain other spectrum** — Spectrum identified pursuant to this section may include eligible spectrum, if any, identified after March 23, 2018, pursuant to title X of the Bipartisan Budget Act of 2015 (Public Law 114–74).
(5) **Spectrum made available on and after February 11, 2016** — Any spectrum that has been made available for licensed or unlicensed use on and after February 11, 2016, and that otherwise satisfies the requirements of this section may be counted towards the requirements of this subsection.
(6) **Relocation prioritized over sharing** — This section shall be carried out in accordance with [section 923(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section923/j&num=0&edition=prelim).
(7) **Considerations** — In identifying spectrum for use under this section, the Secretary, working through the NTIA, and Commission shall consider—
(A) the need to preserve critical existing and planned Federal Government capabilities;
(B) the impact on existing State, local, and tribal government capabilities;
(C) the international implications;
(D) the need for appropriate enforcement mechanisms and authorities; and
(E) the importance of the deployment of wireless broadband services in rural areas of the United States.
**(b) Rules of construction** Nothing in this section shall be construed—
(1) to impair or otherwise affect the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals;
(2) to require the disclosure of classified information, law enforcement sensitive information, or other information that must be protected in the interest of national security; or
(3) to affect any requirement under section 156 of the National Telecommunications and Information Administration Organization Act ([47 U.S.C. 921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section921&num=0&edition=prelim) note), as added by section 1062(a) of the National Defense Authorization Act for Fiscal Year 2000, or any other relevant statutory requirement applicable to the reallocation of Federal spectrum.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) The term “allocation” means an entry in the National Table of Frequency Allocations of a given frequency band for the purpose of its use by one or more radiocommunication services.
(2) The term “assignment” means an authorization given to a station licensee to use specific frequencies or channels.
(3) The term “the 1934 Act” means the Communications Act of 1934 ([47 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim) et seq.).
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 921
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this chapter, the following definitions apply:
(1) The term “NTIA” means the National Telecommunications and Information Administration.
(2) The term “Assistant Secretary” means the Assistant Secretary for Communications and Information.
(3) The term “Secretary” means the Secretary of Commerce.
(4) The term “Commission” means the Federal Communications Commission.
(5) The term “Corporation” means the Communications Satellite Corporation authorized in title III of the Communications Satellite Act of 1962 ([47 U.S.C. 731](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section731&num=0&edition=prelim) et seq.).
**(b) Findings** The Congress finds the following:
(1) Telecommunications and information are vital to the public welfare, national security, and competitiveness of the United States.
(2) Rapid technological advances being made in the telecommunications and information fields make it imperative that the United States maintain effective national and international policies and programs capable of taking advantage of continued advancements.
(3) Telecommunications and information policies and recommendations advancing the strategic interests and the international competitiveness of the United States are essential aspects of the Nation’s involvement in international commerce.
(4) There is a critical need for competent and effective telecommunications and information research and analysis and national and international policy development, advice, and advocacy by the executive branch of the Federal Government.
(5) As one of the largest users of the Nation’s telecommunications facilities and resources, the Federal Government must manage its radio spectrum use and other internal communications operations in the most eff
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) FCC proceeding** Not later than 2 years after March 23, 2018, the Commission shall publish a notice of proposed rulemaking to consider service rules to authorize mobile or fixed terrestrial wireless operations, including for advanced mobile service operations, in the radio frequency band between 42000 and 42500 megahertz.
**(b) Considerations** In conducting a rulemaking under subsection (a), the Commission shall—
(1) consider how the band described in subsection (a) may be used to provide commercial wireless broadband service, including whether—
(A) such spectrum may be best used for licensed or unlicensed services, or some combination thereof; and
(B) to permit additional licensed operations in such band on a shared basis; and
(2) include technical characteristics under which the band described in subsection (a) may be employed for mobile or fixed terrestrial wireless operations, including any appropriate coexistence requirements.
**(c) Spectrum made available on and after February 11, 2016** Any spectrum that has been made available for licensed or unlicensed use on or after February 11, 2016, and that otherwise satisfies the requirements of [section 1502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1502&num=0&edition=prelim) may be counted towards the requirements of [section 1502(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section1502/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1503
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1505
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Federal law — U.S. Code and appendices · legal_authorities
Page 454
TITLE 47—TELECOMMUNICATIONS
§ 1502
(5) OMB
The term ‘‘OMB’’ means the Office of Man-
agement and Budget.
(6) Secretary
The term ‘‘Secretary’’ means the Secretary
of Commerce.
(Pub. L. 115–141, div. P, title VI, § 602, Mar. 23,
2018, 132 Stat. 1097.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this title’’, meaning title VI of div. P of Pub. L.
115–141, Mar. 23, 2018, 132 Stat. 1097, which is classified
principally to this chapter. For complete classification
of title VI to the Code, see Short Title note set out
below and Tables.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 115–141, div. P, title VI, § 601, Mar. 23, 2018, 132
Stat. 1097, provided that: ‘‘This title [enacting this
chapter, amending sections 928 and 1455 of this title, en-
acting provisions set out as notes under section 1455 of
this title, and enacting and amending provisions set
out as as notes under section 1303 of Title 40, Public
Buildings, Property, and Works] may be cited as the
‘Making Opportunities for Broadband Investment and
Limiting Excessive and Needless Obstacles to Wireless
Act’ or the ‘MOBILE NOW Act’.’’
§ 1502. Identifying 255 megahertz
(a) Requirements
(1) In general
Not later than December 31, 2022, the Sec-
retary, 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
a
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 1502
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 381
TITLE 47—TELECOMMUNICATIONS
§ 921
(B) the International Organization for
Standardization
(commonly
known
as
‘‘ISO’’);
(C)
the
Inter-American
Telecommuni-
cation Commission (commonly known as
‘‘CITEL’’); and
(D) the voluntary standards organizations
that develop protocols for wireless devices
and other equipment, such as the 3GPP and
the Institute of Electrical and Electronics
Engineers (commonly known as ‘‘IEEE’’).
(2) Annual report
The Secretary of State, the Secretary of
Commerce, and the Chairman of the Commis-
sion shall jointly submit to the relevant com-
mittees of Congress an annual report on the
progress made under paragraph (1).
(c) Definitions
In this section:
(1) The term ‘‘3GPP’’ means the Third Gen-
eration Partnership Project.
(2) The term ‘‘5G network’’ means a radio
network as described by 3GPP Release 15 or
higher.
(3) The term ‘‘Commission’’ means the Fed-
eral Communications Commission.
(4) The term ‘‘NTIA Administrator’’ means
the Assistant Secretary of Commerce for Com-
munications and Information.
(5) The term ‘‘Open-RAN’’ means the Open
Radio Access Network approach to standard-
ization adopted by the O-RAN Alliance,
Telecom Infra Project, or 3GPP, or any simi-
lar set of open standards for multi-vendor net-
work equipment interoperability.
(6) The term ‘‘relevant committees of Con-
gress’’ means—
(A) the Select Committee on Intelligence
of the Senate;
(B) the Committee on Foreign Relations of
the Senate;
(C) the Committee on Homeland Security
and Governmental Affairs of the Senate;
(D) the Committee on Armed Services of
the Senate;
(E) the Committee on Commerce, Science,
and Transportation of the Senate;
(F) the Committee on Appropriations of
the Senate;
(G) the Permanent Select Committee on
I
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 921
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