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47 U.S.C. § 337 — Allocation and assignment of new public safety services licenses and commercial licenses
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than January 1, 1998, the Commission shall allocate the electromagnetic spectrum between 746 megahertz and 806 megahertz, inclusive, as follows:
(1) 34 megahertz of that spectrum for public safety services according to the terms and conditions established by the Commission, in consultation with the Secretary of Commerce and the Attorney General; and
(2) 26 megahertz of that spectrum for commercial use to be assigned by competitive bidding pursuant to [section 309(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section309/j&num=0&edition=prelim).
**(b) Assignment** The Commission shall commence assignment of licenses for public safety services created pursuant to subsection (a) no later than September 30, 1998.
**(c) Licensing of unused frequencies for public safety services**
(1) **Use of unused channels for public safety services** — Upon application by an entity seeking to provide public safety services, the Commission shall waive any requirement of this chapter or its regulations implementing this chapter (other than its regulations regarding harmful interference) to the extent necessary to permit the use of unassigned frequencies for the provision of public safety services by such entity. An application shall be granted under this subsection if the Commission finds that—
(A) no other spectrum allocated to public safety services is immediately available to satisfy the requested public safety service use;
(B) the requested use is technically feasible without causing harmful interference to other spectrum users entitled to protection from such interference under the Commission’s regulations;
(C) the use of the unassigned frequency for the provision of public safety services is consistent
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Source file: Laws/federal/codes/united-states-code/title-47/section-337-allocation-and-assignment-of-new-public-safety-services-licenses-and-com--2b4a6d0884.md
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Source location: Title 47, Chapter 5, § 337; chapter-005-wire-or-radio-communication.md
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**(a) In general** Not later than January 1, 1998, the Commission shall allocate the electromagnetic spectrum between 746 megahertz and 806 megahertz, inclusive, as follows:
(1) 34 megahertz of that spectrum for public safety services according to the terms and conditions established by the Commission, in consultation with the Secretary of Commerce and the Attorney General; and
(2) 26 megahertz of that spectrum for commercial use to be assigned by competitive bidding pursuant to [section 309(j) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section309/j&num=0&edition=prelim).
**(b) Assignment** The Commission shall commence assignment of licenses for public safety services created pursuant to subsection (a) no later than September 30, 1998.
**(c) Licensing of unused frequencies for public safety services**
(1) **Use of unused channels for public safety services** — Upon application by an entity seeking to provide public safety services, the Commission shall waive any requirement of this chapter or its regulations implementing this chapter (other than its regulations regarding harmful interference) to the extent necessary to permit the use of unassigned frequencies for the provision of public safety services by such entity. An application shall be granted under this subsection if the Commission finds that—
(A) no other spectrum allocated to public safety services is immediately available to satisfy the requested public safety service use;
(B) the requested use is technically feasible without causing harmful interference to other spectrum users entitled to protection from such interference under the Commission’s regulations;
(C) the use of the unassigned frequency for the provision of public safety services is consistent with other allocations for the provision of such services in the geographic area for which the application is made;
(D) the unassigned frequency was allocated for its present use not less than 2 years prior to the date on which the application is granted; and
(E) granting such application is consistent with the public interest.
(2) **Applicability** — Paragraph (1) shall apply to any application to provide public safety services that is pending or filed on or after August 5, 1997.
**(d) Conditions on licenses** In establishing service rules with respect to licenses granted pursuant to this section, the Commission—
(1) shall establish interference limits at the boundaries of the spectrum block and service area;
(2) shall establish any additional technical restrictions necessary to protect full-service analog television service and digital television service during a transition to digital television service;
(3) may permit public safety services licensees and commercial licensees—
(A) to aggregate multiple licenses to create larger spectrum blocks and service areas; and
(B) to disaggregate or partition licenses to create smaller spectrum blocks or service areas; and
(4) shall establish rules insuring that public safety services licensees using spectrum reallocated pursuant to subsection (a)(1) shall not be subject to harmful interference from television broadcast licensees.
**(e) Removal and relocation of incumbent broadcast licensees**
(1) **Channels 52 to 69** — Any full-power television station licensee that holds a television broadcast license to operate between 698 and 806 megahertz may not operate at that frequency after June 12, 2009.
(2) **Incumbent qualifying low-power stations** — After making any allocation or assignment under this section, the Commission shall seek to assure, consistent with the Commission’s plan for allotments for digital television service, that each qualifying low-power television station is assigned a frequency below 698 megahertz to permit the continued operation of such station.
**(f) Definitions** For purposes of this section:
(1) **Public safety services** — The term “public safety services” means services—
(A) the sole or principal purpose of which is to protect the safety of life, health, or property;
(B) that are provided—
(i) by State or local government entities; or
(ii) by nongovernmental organizations that are authorized by a governmental entity whose primary mission is the provision of such services; and
(C) that are not made commercially available to the public by the provider.
(2) **Qualifying low-power television stations** — A station is a qualifying low-power television station if, during the 90 days preceding August 5, 1997—
(A) such station broadcast a minimum of 18 hours per day;
(B) such station broadcast an average of at least 3 hours per week of programming that was produced within the market area served by such station; and
(C) such station was in compliance with the requirements applicable to low-power television stations.
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Communications Act of 1934.”
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 609
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Small business concerns**
(1) **In general** — For the purposes of this chapter, a small-business concern, including but not limited to enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries, shall be deemed to be one which is independently owned and operated and which is not dominant in its field of operation.
(2) **Establishment of size standards**
(A) *In general* — In addition to the criteria specified in paragraph (1) and subject to the requirements specified under subparagraph (C), the Administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for the purposes of this chapter or any other Act.
(B) *Additional criteria* — The standards described in paragraph (1) may utilize number of employees, dollar volume of business, net worth, net income, a combination thereof, or other appropriate factors.
(C) *Requirements* — Unless specifically authorized by statute, no Federal department (including the Administration when acting pursuant to subparagraph (A)) or agency may prescribe a size standard for categorizing a business concern as a small business concern, unless such proposed size standard—
(i) is proposed after an opportunity for public notice and comment;
(ii) provides for determining—
(I) the size of a manufacturing concern as measured by the manufacturing concern’s average employment based upon employment during each of the manufacturing concern’s pay periods for the preceding 24 months;
(II) the size of a business concern providing services on the basis of the annual average gross receipts of the business concern over
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 632
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Commission shall reallocate the 700 MHz D block spectrum for use by public safety entities in accordance with the provisions of this chapter.
**(b) Omitted**
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1422
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding [section 337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section337&num=0&edition=prelim), the First Responder Network Authority is authorized to assess and collect the following fees:
(1) **Network user fee** — A user or subscription fee from each entity, including any public safety entity or secondary user, that seeks access to or use of the nationwide public safety broadband network.
(2) **Lease fees related to network capacity**
(A) *In general* — A fee from any entity that seeks to enter into a covered leasing agreement.
(B) *Covered leasing agreement* — For purposes of subparagraph (A), a “covered leasing agreement” means a written agreement resulting from a public-private arrangement to construct, manage, and operate the nationwide public safety broadband network between the First Responder Network Authority and secondary user to permit—
(i) access to network capacity on a secondary basis for non-public safety services; and
(ii) the spectrum allocated to such entity to be used for commercial transmissions along the dark fiber of the long-haul network of such entity.
(3) **Lease fees related to network equipment and infrastructure** — A fee from any entity that seeks access to or use of any equipment or infrastructure, including antennas or towers, constructed or otherwise owned by the First Responder Network Authority resulting from a public-private arrangement to construct, manage, and operate the nationwide public safety broadband network.
**(b) Establishment of fee amounts; permanent self-funding** The total amount of the fees assessed for each fiscal year pursuant to this section shall be sufficient, and shall not exceed the amount necessary, to recoup the total exp
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1432
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter, unless the context otherwise requires—
(1) **Advanced communications services** — The term “advanced communications services” means—
(A) interconnected VoIP service;
(B) non-interconnected VoIP service;
(C) electronic messaging service;
(D) interoperable video conferencing service; and
(E) any audio or video communications service used by inmates for the purpose of communicating with individuals outside the correctional institution where the inmate is held, regardless of technology used.
(2) **Affiliate** — The term “affiliate” means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the term “own” means to own an equity interest (or the equivalent thereof) of more than 10 percent.
(3) **Amateur station** — The term “amateur station” means a radio station operated by a duly authorized person interested in radio technique solely with a personal aim and without pecuniary interest.
(4) **AT&T Consent Decree** — The term “AT&T Consent Decree” means the order entered August 24, 1982, in the antitrust action styled United States v. Western Electric, Civil Action No. 82–0192, in the United States District Court for the District of Columbia, and includes any judgment or order with respect to such action entered on or after August 24, 1982.
(5) **Bell operating company** — The term “Bell operating company”—
(A) means any of the following companies: Bell Telephone Company of Nevada, Illinois Bell Telephone Company, Indiana Bell Telephone Company, Incorporated, Michigan Bell Telephone Company, New England Telephone and Telegraph Company, New Jersey Bell Telephone Company, New York Telephone Company,
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 153
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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) Commission action** If the Commission determines to issue additional licenses for advanced television services, the Commission—
(1) should limit the initial eligibility for such licenses to persons that, as of the date of such issuance, are licensed to operate a television broadcast station or hold a permit to construct such a station (or both); and
(2) shall adopt regulations that allow the holders of such licenses to offer such ancillary or supplementary services on designated frequencies as may be consistent with the public interest, convenience, and necessity.
**(b) Contents of regulations** In prescribing the regulations required by subsection (a), the Commission shall—
(1) only permit such licensee or permittee to offer ancillary or supplementary services if the use of a designated frequency for such services is consistent with the technology or method designated by the Commission for the provision of advanced television services;
(2) limit the broadcasting of ancillary or supplementary services on designated frequencies so as to avoid derogation of any advanced television services, including high definition television broadcasts, that the Commission may require using such frequencies;
(3) apply to any other ancillary or supplementary service such of the Commission’s regulations as are applicable to the offering of analogous services by any other person, except that no ancillary or supplementary service shall have any rights to carriage under section 534 or 535 of this title or be deemed a multichannel video programming distributor for purposes of [section 548 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section548&num=0&edition=prelim);
(4) adopt such technical and other requirements as may be necessary or appro
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 336
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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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 925
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Federal law — U.S. Code and appendices · legal_authorities
Page 194
TITLE 47—TELECOMMUNICATIONS
§ 337
‘‘(1) CONSTRUCTION DEADLINE.—Any licensee or per-
mittee receiving a paired digital channel pursuant to
this section—
‘‘(A) shall be required to construct the digital tel-
evision broadcast facility within 18 months of the
date on which the Federal Communications Com-
mission issues a construction permit therefore, and
‘‘(B) shall be prohibited from obtaining or receiv-
ing an extension of time from the Commission be-
yond the construction deadline established by para-
graph (1).
‘‘(2) PROHIBITION OF ANALOG OPERATION USING DIG-
ITAL
PAIR.—Any licensee or permittee receiving a
paired digital channel pursuant to this section shall
be prohibited from giving up its current paired analog
assignment and becoming a single-channel broad-
caster and operating in analog on such paired digital
channel.
‘‘(d) RELIEF RESTRICTED.—Any paired digital allot-
ment and assignment made under this section shall not
be available to any other applicant unless such appli-
cant is an eligible licensee or permittee within the
meaning of subsection (b).’’
REPORTS ON PROVISION OF DIGITAL DATA SERVICE BY
LOW-POWER TELEVISION STATIONS
Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 143(b)], Dec.
21, 2000, 114 Stat. 2763, 2763A–238, provided that: ‘‘The
Federal Communications Commission shall submit a
report to the Congress on June 30, 2001, and June 30,
2002, evaluating the utility of using low-power tele-
vision stations to provide high-speed digital data serv-
ice. The reports shall be based on the pilot projects au-
thorized by section 336(h) of the Communications Act
of 1934 (47 U.S.C. 336(h)).’’
CONGRESSIONAL FINDINGS REGARDING LOW-POWER
BROADCASTERS
Pub. L. 106–113, div. B, § 1000(a)(9) [title V, § 5008(b)],
Nov. 29, 1999, 113 Stat
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 337
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