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47 U.S.C. § 1506 — Rulemaking related to partitioning or disaggregating licenses

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

47 U.S.C. § 1506 — Rulemaking related to partitioning or disaggregating licenses

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Stable record: federal_law:legal_authorities:record_usc_f2f4ec22081767cba74f9335
Source file: Laws/federal/codes/united-states-code/title-47/section-1506-rulemaking-related-to-partitioning-or-disaggregating-licenses--375d624081.md
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Source location: Title 47, Chapter 14, § 1506; chapter-014-making-opportunities-for-broadband-investment-and-limiting-excessive-and-needless-obstacles-to-wireless.md

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**(a) Definitions** In this section: (1) **Covered small carrier** — The term “covered small carrier” means a carrier (as defined in [section 153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section153&num=0&edition=prelim)) that— (A) has not more than 1,500 employees (as determined under section 121.106 of title 13, Code of Federal Regulations, or any successor thereto); and (B) offers services using the facilities of the carrier. (2) **Rural area** — The term “rural area” means any area other than— (A) a city, town, or incorporated area that has a population of more than 20,000 inhabitants; or (B) an urbanized area contiguous and adjacent to a city or town that has a population of more than 50,000 inhabitants. **(b) Rulemaking** (1) **In general** — Not later than 1 year after March 23, 2018, the Commission shall initiate a rulemaking proceeding to assess whether to establish a program, or modify existing programs, under which a licensee that receives a license for the exclusive use of spectrum in a specific geographic area under [section 301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section301&num=0&edition=prelim) may partition or disaggregate the license by sale or long-term lease— (A) in order to— (i) provide services consistent with the license; and (ii) make unused spectrum available to— (I) an unaffiliated covered small carrier; or (II) an unaffiliated carrier to serve a rural area; and (B) if the Commission finds that such a program would promote— (i) the availability of advanced telecommunications services in rural areas; or (ii) spectrum availability for covered small carriers. (2) **Considerations** — In conducting the rulemaking proceeding under paragraph (1), the Commission shall consider, with respect to the program proposed to be established under that paragraph— (A) whether reduced performance requirements with respect to spectrum obtained through the program would facilitate deployment of advanced telecommunications services in the areas covered by the program; (B) what conditions may be needed on transfers of spectrum under the program to allow covered small carriers that obtain spectrum under the program to build out the spectrum in a reasonable period of time; (C) what incentives may be appropriate to encourage licensees to lease or sell spectrum, including— (i) extending the term of a license granted under [section 301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section301&num=0&edition=prelim); or (ii) modifying performance requirements of the license relating to the leased or sold spectrum; and (D) the administrative feasibility of— (i) the incentives described in subparagraph (C); and (ii) other incentives considered by the Commission that further the goals of this section. (3) **Forfeiture of spectrum** — If a party fails to meet any build out requirements set by the Commission for any spectrum sold or leased under this section, the right to the spectrum shall be forfeited to the Commission unless the Commission finds that there is good cause for the failure of the party. (4) **Requirement** — The Commission may offer a licensee incentives or reduced performance requirements under this section only if the Commission finds that doing so would likely result in increased availability of advanced telecommunications services in a rural area.

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

47 U.S.C. § 301 — License for radio communication or transmission of energy

It is the purpose of this chapter, among other things, to maintain the control of the United States over all the channels of radio transmission; and to provide for the use of such channels, but not the ownership thereof, by persons for limited periods of time, under licenses granted by Federal authority, and no such license shall be construed to create any right, beyond the terms, conditions, and periods of the license. No person shall use or operate any apparatus for the transmission of energy or communications or signals by radio (a) from one place in any State, Territory, or possession of the United States or in the District of Columbia to another place in the same State, Territory, possession, or District; or (b) from any State, Territory, or possession of the United States, or from the District of Columbia to any other State, Territory, or possession of the United States; or (c) from any place in any State, Territory, or possession of the United States, or in the District of Columbia, to any place in any foreign country or to any vessel; or (d) within any State when the effects of such use extend beyond the borders of said State, or when interference is caused by such use or operation with the transmission of such energy, communications, or signals from within said State to any place beyond its borders, or from any place beyond its borders to any place within said State, or with the transmission or reception of such energy, communications, or signals from and/or to places beyond the borders of said State; or (e) upon any vessel or aircraft of the United States (except as provided in [section 303(t) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section303/t&num=0&edition=prelim)); or (f) upon any other mobile stations within the

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

47 U.S.C. § 153 — Definitions

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,

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

47 U.S.C. § 1506 — Rulemaking related to partitioning or

Page 456 TITLE 47—TELECOMMUNICATIONS § 1505 Nothing in this section establishes a mandate or requirement that a State install or allow the in- stallation of broadband infrastructure in a high- way right-of-way. Nothing in this section au- thorizes the Secretary of Transportation to withhold or reserve funds or approval of a project under title 23. (Pub. L. 115–141, div. P, title VI, § 607, Mar. 23, 2018, 132 Stat. 1104.) § 1505. Unlicensed services in guard bands (a) In general After public notice and comment, and in con- sultation with the Assistant Secretary of Com- merce for Communications and Information and the head of each affected Federal agency (or a designee thereof), with respect to frequencies al- located 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, includ- ing 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 Sec- retary of Commerce for Communications and In- formation from otherwise making spectrum available for licensed or unlicensed use in any frequency band in addition to guard bands, in- cluding under section 1502 of this title, con- sistent with their statutory jurisdictions. (Pub. L. 115–141, div. P, title VI, § 611, Mar. 23, 2018, 132 Stat. 1109.) § 1506. Rulemaking related to partitioning or disag

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