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47 U.S.C. § 924 — Withdrawal or limitation of assignment to Federal Government stations

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

47 U.S.C. § 924 — Withdrawal or limitation of assignment to Federal Government stations

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Stable record: federal_law:legal_authorities:record_usc_8afe9e1a315a5351b84a42e2
Source file: Laws/federal/codes/united-states-code/title-47/section-924-withdrawal-or-limitation-of-assignment-to-federal-government-stations--af5ac1d9ab.md
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Source location: Title 47, Chapter 8, § 924; chapter-008-national-telecommunications-and-information-administration.md

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**(a) In general** The President shall— (1) within 6 months after receipt of a report by the Secretary under subsection (a), (d)(1), or (f) of [section 923 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section923&num=0&edition=prelim), withdraw the assignment to a Federal Government station of any frequency which the report recommends for immediate reallocation; (2) within any such 6-month period, limit the assignment to a Federal Government station of any frequency which the report recommends be made immediately available for mixed use under [section 923(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section923/b/2&num=0&edition=prelim); (3) by the delayed effective date recommended by the Secretary under [section 923(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section923/e&num=0&edition=prelim) (except as provided in subsection (b)(4) of this section), withdraw or limit the assignment to a Federal Government station of any frequency which the report recommends be reallocated or made available for mixed use on such delayed effective date; (4) assign or reassign other frequencies to Federal Government stations as necessary to adjust to such withdrawal or limitation of assignments; and (5) transmit a notice and description to the Commission and each House of Congress of the actions taken under this subsection. **(b) Exceptions** (1) **Authority to substitute** — If the President determines that a circumstance described in paragraph (2) exists, the President— (A) may substitute an alternative frequency or frequencies for the frequency that is subject to such determination and withdraw (or limit) the assignment of that alternative frequency in the manner required by subsection (a); and (B) shall submit a statement of the reasons for taking the action described in subparagraph (A) to the Commission, Committee on Energy and Commerce of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate. (2) **Grounds for substitution** — For purposes of paragraph (1), the following circumstances are described in this paragraph: (A) the reassignment would seriously jeopardize the national defense interests of the United States; (B) the frequency proposed for reassignment is uniquely suited to meeting important governmental needs; (C) the reassignment would seriously jeopardize public health or safety; (D) the reassignment will result in costs to the Federal Government that are excessive in relation to the benefits that may be obtained from commercial or other non-Federal uses of the reassigned frequency; or (E) the reassignment will disrupt the existing use of a Federal Government band of frequencies by amateur radio licensees. (3) **Criteria for substituted frequencies** — For purposes of paragraph (1), a frequency may not be substituted for a frequency identified and recommended by the report of the Secretary under [section 923(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section923/a&num=0&edition=prelim) unless the substituted frequency also meets each of the criteria specified by [section 923(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section923/a&num=0&edition=prelim). (4) **Delays in implementation** — If the President determines that any action cannot be completed by the delayed effective date recommended by the Secretary pursuant to [section 923(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section923/e&num=0&edition=prelim), or that such an action by such date would result in a frequency being unused as a consequence of the Commission’s plan under [section 925 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section925&num=0&edition=prelim), the President may— (A) withdraw or limit the assignment to Federal Government stations on a later date that is consistent with such plan, except that the President shall notify each committee specified in paragraph (1)(B) and the Commission of the reason that withdrawal or limitation at a later date is required; or (B) substitute alternative frequencies pursuant to the provisions of this subsection.

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

47 U.S.C. § 925 — Distribution of frequencies by Commission

**(a) Allocation and assignment of immediately available frequencies** With respect to the frequencies made available for immediate reallocation pursuant to [section 923(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section923/e/2&num=0&edition=prelim), the Commission, not later than 18 months after August 10, 1993, shall issue regulations to allocate such frequencies and shall propose regulations to assign such frequencies. **(b) Allocation and assignment of remaining available frequencies** With respect to the frequencies made available for reallocation pursuant to [section 923(e)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section923/e/3&num=0&edition=prelim), the Commission shall, not later than 1 year after receipt of the initial reallocation report required by [section 923(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section923/a&num=0&edition=prelim), prepare, submit to the President and the Congress, and implement, a plan for the allocation and assignment under the 1934 Act [[47 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim) et seq.] of such frequencies. Such plan shall— (1) not propose the immediate allocation and assignment of all such frequencies but, taking into account the timetable recommended by the Secretary pursuant to [section 923(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section923/e&num=0&edition=prelim), shall propose— (A) gradually to allocate and assign the frequencies remaining, after making the reservation required by subparagraph (B), over the course of 10 years beginning on the date of submission of su

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

47 U.S.C. § 923 — Identification of reallocable frequencies

**(a) Identification required** The Secretary shall, within 18 months after August 10, 1993, and within 6 months after August 5, 1997, prepare and submit to the President and the Congress a report identifying and recommending for reallocation bands of frequencies— (1) that are allocated on a primary basis for Federal Government use; (2) that are not required for the present or identifiable future needs of the Federal Government; (3) that can feasibly be made available, as of the date of submission of the report or at any time during the next 15 years, for use under the 1934 Act [[47 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim) et seq.] (other than for Federal Government stations under section 305 of the 1934 Act [[47 U.S.C. 305](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section305&num=0&edition=prelim)]); (4) the transfer of which (from Federal Government use) will not result in costs to the Federal Government, or losses of services or benefits to the public, that are excessive in relation to the benefits to the public that may be provided by non-Federal licensees; and (5) that are most likely to have the greatest potential for productive uses and public benefits under the 1934 Act [[47 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim) et seq.] if allocated for non-Federal use. **(b) Minimum amount of spectrum recommended** (1) **Initial reallocation report** — In accordance with the provisions of this section, the Secretary shall recommend for reallocation in the initial report required by subsection (a), for use other than by Federal Government stations under section 305 of the 1934 Act ([47 U.S.C. 305](

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 923

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

47 U.S.C. § 926 — Authority to recover reassigned frequencies

**(a) Authority of President** Subsequent to the withdrawal of assignment to Federal Government stations pursuant to [section 924 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section924&num=0&edition=prelim), the President may reclaim reassigned frequencies for reassignment to Federal Government stations in accordance with this section. **(b) Procedure for reclaiming frequencies** (1) **Unallocated frequencies** — If the frequencies to be reclaimed have not been allocated or assigned by the Commission pursuant to the 1934 Act [[47 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim) et seq.], the President shall follow the procedures for substitution of frequencies established by [section 924(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section924/b&num=0&edition=prelim). (2) **Allocated frequencies** — If the frequencies to be reclaimed have been allocated or assigned by the Commission, the President shall follow the procedures for substitution of frequencies established by [section 924(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section924/b&num=0&edition=prelim), except that the statement required by [section 924(b)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section924/b/1/B&num=0&edition=prelim) shall include— (A) a timetable to accommodate an orderly transition for licensees to obtain new frequencies and equipment necessary for its utilization; and (B) an estimate of the cost of displacing spectrum users licensed by the Commission. **(c) Costs of reclaiming frequencies** The Federal Government shall bear all costs of reclaiming

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

47 U.S.C. § 924 — Withdrawal or limitation of assignment to

Page 391 TITLE 47—TELECOMMUNICATIONS § 924 for relocation submitted by the Director of the Office of Management and Budget under section 928(d)(2)(B) of this title.’’ Subsecs. (h) to (l). Pub. L. 112–96, § 6701(a)(2), (3), added subsecs. (h) to (j) and redesignated former sub- secs. (h) and (i) as (k) and (l), respectively. 2004—Subsec. (g). Pub. L. 108–494 added pars. (1) to (6) and struck out former pars. (1) to (3) which related to relocation of Federal Government stations in general, process for relocation, and right to reclaim. 1999—Subsec. (b)(3)(A). Pub. L. 106–65 substituted ‘‘12 megahertz’’ for ‘‘20 megahertz’’. 1998—Subsec. (g)(1). Pub. L. 105–261 designated exist- ing provisions as subpar. (A), inserted subpar. heading, substituted ‘‘Any such Federal entity which proposes to so relocate shall notify the NTIA, which in turn shall notify the Commission, before the auction con- cerned of the marginal costs anticipated to be associ- ated with such relocation or with modifications nec- essary to accommodate prospective licensees. The Com- mission in turn shall notify potential bidders of the es- timated relocation or modification costs based on the geographic area covered by the proposed licenses before the auction.’’ for ‘‘Such payments may be in advance of relocation and may be in cash or in kind. Any such payment in cash shall be deposited in the account of such Federal entity in the Treasury of the United States or in a separate account authorized by law. Funds deposited according to this paragraph shall be available, without appropriation or fiscal year limita- tion, only for such expenses of the Federal entity for which such funds were deposited under this para- graph.’’, and added subpars. (B) to (F). 1997—Subsec. (a). Pub. L. 105–33,

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