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

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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Stable record: federal_law:legal_authorities:record_usc_9c4707017df9e62a1857a33d
Source file: Laws/federal/codes/united-states-code/title-47/section-925-distribution-of-frequencies-by-commission--f7ff4f1eb0.md
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Source location: Title 47, Chapter 8, § 925; chapter-008-national-telecommunications-and-information-administration.md

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**(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 such plan; and (B) to reserve a significant portion of such frequencies for allocation and assignment beginning after the end of such 10-year period; (2) contain appropriate provisions to ensure— (A) the availability of frequencies for new technologies and services in accordance with the policies of section 7 of the 1934 Act ([47 U.S.C. 157](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section157&num=0&edition=prelim)); (B) the availability of frequencies to stimulate the development of such technologies; and (C) the safety of life and property in accordance with the policies of section 1 of the 1934 Act ([47 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim)); (3) address (A) the feasibility of reallocating portions of the spectrum from current commercial and other non-Federal uses to provide for more efficient use of the spectrum, and (B) innovation and marketplace developments that may affect the relative efficiencies of different spectrum allocations; (4) not prevent the Commission from allocating frequencies, and assigning licenses to use frequencies, not included in the plan; and (5) not preclude the Commission from making changes to the plan in future proceedings. **(c) Allocation and assignment of frequencies identified in second reallocation report** (1) **Plan and implementation** — With respect to the frequencies made available for reallocation pursuant to [section 923(b)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section923/b/3&num=0&edition=prelim), the Commission shall, not later than one year after receipt of the second 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 immediate allocation and assignment under the 1934 Act [47 U.S.C. § 151 et seq.] of all such frequencies in accordance with section 309(j) of such Act [[47 U.S.C. 309(j)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section309/j&num=0&edition=prelim)]. (2) **Contents** — The plan prepared by the Commission under paragraph (1) shall consist of a schedule of allocation and assignment of those frequencies in accordance with section 309(j) of the 1934 Act in time for the assignment of those licenses or permits by September 30, 2002.

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

47 U.S.C. § 157 — New technologies and services

**(a)** It shall be the policy of the United States to encourage the provision of new technologies and services to the public. Any person or party (other than the Commission) who opposes a new technology or service proposed to be permitted under this chapter shall have the burden to demonstrate that such proposal is inconsistent with the public interest. **(b)** The Commission shall determine whether any new technology or service proposed in a petition or application is in the public interest within one year after such petition or application is filed. If the Commission initiates its own proceeding for a new technology or service, such proceeding shall be completed within 12 months after it is initiated.

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

47 U.S.C. § 337 — Allocation and assignment of new public safety services licenses and commercial licenses

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

47 U.S.C. § 151 — Purposes of chapter; Federal Communications Commission created

For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting safety of life and property through the use of wire and radio communications, and for the purpose of securing a more effective execution of this policy by centralizing authority heretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in wire and radio communication, there is created a commission to be known as the “Federal Communications Commission”, which shall be constituted as hereinafter provided, and which shall execute and enforce the provisions of this chapter.

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

47 U.S.C. § 305 — Government owned stations

**(a) Frequencies; compliance with regulations; stations on vessels** Radio stations belonging to and operated by the United States shall not be subject to the provisions of sections 301 and 303 of this title. All such Government stations shall use such frequencies as shall be assigned to each or to each class by the President. All such stations, except stations on board naval and other Government vessels while at sea or beyond the limits of the continental United States, when transmitting any radio communication or signal other than a communication or signal relating to Government business, shall conform to such rules and regulations designed to prevent interference with other radio stations and the rights of others as the Commission may prescribe. **(b) Call letters** All stations owned and operated by the United States, except mobile stations of the Army of the United States, and all other stations on land and sea, shall have special call letters designated by the Commission. **(c) Stations operated by foreign governments** The provisions of sections 301 and 303 of this title notwithstanding, the President may, provided he determines it to be consistent with and in the interest of national security, authorize a foreign government, under such terms and conditions as he may prescribe, to construct and operate at the seat of government of the United States a low-power radio station in the fixed service at or near the site of the embassy or legation of such foreign government for transmission of its messages to points outside the United States, but only (1) where he determines that the authorization would be consistent with the national interest of the United States and (2) where such foreign government has provided reciprocal privileges to the United States to constru

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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](

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

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

**(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

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

47 U.S.C. § 151 — Purposes of chapter; Federal Communica-

Page 12 TITLE 47—TELECOMMUNICATIONS § 151 Sec. 561. Scrambling of sexually explicit adult video service programming. 562. Requirements relating to charges for covered services. PART V—VIDEO PROGRAMMING SERVICES PROVIDED BY TELEPHONE COMPANIES 571. Regulatory treatment of video programming services. 572. Prohibition on buy outs. 573. Establishment of open video systems. SUBCHAPTER VI—MISCELLANEOUS PROVISIONS 601. Interstate Commerce Commission and Post- master General; duties, powers, and func- tions transferred to Commission. 602, 603. Repealed. 604. Effect of transfer. 605. Unauthorized publication or use of commu- nications. 606. War powers of President. 607. Effective date of chapter. 608. Separability. 609. Short title. 610. Telephone service for disabled. 611. Closed-captioning of public service announce- ments. 612. Syndicated exclusivity. 613. Video programming accessibility. 614. Telecommunications Development Fund. 615. Support for universal emergency telephone number. 615a. Service provider parity of protection. 615a–1. Duty to provide 9–1–1 and enhanced 9–1–1 serv- ice. 615b. Definitions. 615c. Emergency Access Advisory Committee. 616. Internet protocol-based relay services. 617. Access to advanced communications services and equipment. 618. Enforcement and recordkeeping obligations. 619. Internet browsers built into telephones used with public mobile services. 620. Relay services for deaf-blind individuals. 621. Rulemaking on loud commercials required. 622. Optional electronic labeling of communica- tions equipment. 623. Configuration of multi-line telephone sys- tems for direct dialing of 9–1–1. 624. Disclosure requirements for United States- based foreign media outlets. SUBCHAPTER VI

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

47 U.S.C. § 157 — New technologies and services

Page 38 TITLE 47—TELECOMMUNICATIONS § 157 738; amended Pub. L. 98–214, § 2(a), Dec. 8, 1983, 97 Stat. 1467; Pub. L. 99–272, title V, § 5002(a)(1), Apr. 7, 1986, 100 Stat. 117; Pub. L. 100–594, § 2(a), Nov. 3, 1988, 102 Stat. 3021; Pub. L. 101–396, § 2(a), Sept. 28, 1990, 104 Stat. 848; Pub. L. 103–66, title VI, § 6003(b), Aug. 10, 1993, 107 Stat. 401; Pub. L. 115–141, div. P, title I, § 101(a), Mar. 23, 2018, 132 Stat. 1081.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–141 amended section generally. Prior to amendment, section related to authorization of ap- propriations for fiscal years 1990 and 1991. 1993—Subsec. (d). Pub. L. 103–66 added subsec. (d). 1990—Pub. L. 101–396 amended section generally. Prior to amendment, section read as follows: ‘‘There are au- thorized to be appropriated for the administration of this chapter by the Commission $107,250,000 for fiscal year 1988 and $109,250,000 for fiscal year 1989, together with such sums as may be necessary for increases re- sulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years 1988 and 1989.’’ 1988—Pub. L. 100–594 amended section generally. Prior to amendment, section read as follows: ‘‘There are au- thorized to be appropriated for the administration of this chapter by the Commission $98,100,000 for fiscal year 1986 and $97,600,000 for fiscal year 1987, together with such sums as may be necessary for increases re- sulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs, for each of the fiscal years 1986 and 1987.’’ 1986—Pub. L. 99–272 amended section generally. Prior to amendment, section read as follows: ‘‘There are au-

Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 157

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

47 U.S.C. § 309 — Application for license

**(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

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

47 U.S.C. § 309 — Application for license

Page 145 TITLE 47—TELECOMMUNICATIONS § 309 by the Congress and during the continuance of any war in which the United States is engaged and when such action is necessary for the na- tional defense or security or otherwise in fur- therance of the war effort, or (3) in cases of emergency where the Commission finds, in the nonbroadcast services, that it would not be fea- sible to secure renewal applications from exist- ing licensees or otherwise to follow normal li- censing procedure, the Commission may grant construction permits and station licenses, or modifications or renewals thereof, during the emergency so found by the Commission or dur- ing the continuance of any such national emer- gency or war, in such manner and upon such terms and conditions as the Commission shall by regulation prescribe, and without the filing of a formal application, but no authorization so granted shall continue in effect beyond the pe- riod of the emergency or war requiring it: Pro- vided further, That the Commission may issue by cable, telegraph, or radio a permit for the oper- ation of a station on a vessel of the United States at sea, effective in lieu of a license until said vessel shall return to a port of the conti- nental United States. (b) Conditions All applications for station licenses, or modi- fications or renewals thereof, shall set forth such facts as the Commission by regulation may prescribe as to the citizenship, character, and fi- nancial, technical, and other qualifications of the applicant to operate the station; the owner- ship and location of the proposed station and of the stations, if any, with which it is proposed to communicate; the frequencies and the power de- sired to be used; the hours of the day or other periods of time during which it is

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