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47 U.S.C. § 901 — Definitions; findings; policy

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

47 U.S.C. § 901 — Definitions; findings; policy

**(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

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Source location: Title 47, Chapter 8, § 901; chapter-008-national-telecommunications-and-information-administration.md

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**(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 efficient and effective manner possible. (6) It is in the national interest to codify the authority of the National Telecommunications and Information Administration, an agency in the Department of Commerce, as the executive branch agency principally responsible for advising the President on telecommunications and information policies, and for carrying out the related functions it currently performs, as reflected in Executive Order 12046. **(c) Policy** The NTIA shall seek to advance the following policies: (1) Promoting the benefits of technological development in the United States for all users of telecommunications and information facilities. (2) Fostering national safety and security, economic prosperity, and the delivery of critical social services through telecommunications. (3) Facilitating and contributing to the full development of competition, efficiency, and the free flow of commerce in domestic and international telecommunications markets. (4) Fostering full and efficient use of telecommunications resources, including effective use of the radio spectrum by the Federal Government, in a manner which encourages the most beneficial uses thereof in the public interest. (5) Furthering scientific knowledge about telecommunications and information.

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

47 U.S.C. § 928 — Spectrum Relocation Fund

**(a) Establishment of Spectrum Relocation Fund** There is established on the books of the Treasury a separate fund to be known as the “Spectrum Relocation Fund” (in this section referred to as the “Fund”), which shall be administered by the Office of Management and Budget (in this section referred to as “OMB”), in consultation with the NTIA. **(b) Crediting of receipts** The Fund shall be credited with the amounts specified in [section 309(j)(8)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section309/j/8/D&num=0&edition=prelim). **(c) Use of funds** The amounts in the Fund from auctions of eligible frequencies are authorized to be used to pay relocation or sharing costs of an eligible Federal entity incurring such costs with respect to relocation from or sharing of those frequencies. **(d) Fund availability** (1) **Appropriation** — There are hereby appropriated from the Fund such sums as are required to pay the relocation or sharing costs specified in subsection (c). (2) **Transfer conditions** — None of the funds provided under this subsection may be transferred to any eligible Federal entity— (A) unless the eligible Federal entity has submitted a transition plan to the NTIA as required by paragraph (1) of [section 923(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section923/h&num=0&edition=prelim), the Technical Panel has found such plan sufficient under paragraph (4) of such section, and the NTIA has made available such plan on its website as required by paragraph (5) of such section; (B) unless the Director of OMB has determined, in consultation with the NTIA, the appropriateness of such costs and the timeline for relocation or sharing; and (C) until 30 days after the

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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. § 921 — Definitions

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.).

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

47 U.S.C. § 942 — Coordination of 9–1–1, E9–1–1, and Next Generation 9–1–1 implementation

**(a) 9–1–1 Implementation Coordination Office** (1) **Establishment and continuation** — The Assistant Secretary and the Administrator of the National Highway Traffic Safety Administration shall— (A) establish and further a program to facilitate coordination and communication between Federal, State, and local emergency communications systems, emergency personnel, public safety organizations, telecommunications carriers, and telecommunications equipment manufacturers and vendors involved in the implementation of 9–1–1 services; and (B) establish a 9–1–1 Implementation Coordination Office to implement the provisions of this section. (2) **Management plan** (A) *Development* — The Assistant Secretary and the Administrator shall develop a management plan for the grant program established under this section, including by developing— (i) plans related to the organizational structure of such program; and (ii) funding profiles for each fiscal year of the duration of such program. (B) *Submission to Congress* — Not later than 90 days after February 22, 2012, the Assistant Secretary and the Administrator shall submit the management plan developed under subparagraph (A) to— (i) the Committees on Commerce, Science, and Transportation and Appropriations of the Senate; and (ii) the Committees on Energy and Commerce and Appropriations of the House of Representatives. (3) **Purpose of Office** — The Office shall— (A) take actions, in concert with coordinators designated in accordance with subsection (b)(3)(A)(ii), to improve coordination and communication with respect to the implementation of 9–1–1 services, E9–1–1 services, and Next Generation 9–1–1 services; (B) develop, collect, and disseminate information concerning practices, procedures, a

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

5 U.S.C. § 1013 — Termination of advisory committees

**(a) In General.—** (1) **Advisory committees in existence on january 5, 1973.—** — Each advisory committee that is in existence on January 5, 1973, shall terminate not later than the expiration of the 2-year period following that date unless— (A) in the case of an advisory committee established by the President or an officer of the Federal Government, such advisory committee is renewed by the President or that officer by appropriate action prior to the expiration of such 2-year period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. (2) **Advisory committees established after january 5, 1973.—** — Each advisory committee established after January 5, 1973, shall terminate not later than the expiration of the 2-year period beginning on the date of its establishment unless— (A) in the case of an advisory committee established by the President or an officer of the Federal Government 11 So in original. Probably should be followed by a comma. such advisory committee is renewed by the President or such officer by appropriate action prior to the end of such period; or (B) in the case of an advisory committee established by an Act of Congress, its duration is otherwise provided for by law. **(b) Charters.—** (1) **Upon renewal.—** — Upon the renewal of an advisory committee, the advisory committee shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1008/c&num=0&edition=prelim). (2) **Upon expiration of successive 2-year periods.—** — An advisory committee established by an Act of Congress shall file a charter in accordance with [section 1008(c) of this title](https://uscode.house.gov/view.x

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

47 U.S.C. § 701 — Omitted

### Statutory Notes #### Codification Section, Pub. L. 87–624, title I, § 102, Aug. 31, 1962, 76 Stat. 419, which related to Congressional declaration of policy and purpose, ceased to be effective Apr. 15, 2005, pursuant to [section 765d(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section765d/4&num=0&edition=prelim). #### Short Title of 2003 Amendment Pub. L. 108–39, § 1, June 30, 2003, 117 Stat. 835, provided that: “This Act [amending [section 763 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section763&num=0&edition=prelim)] may be cited as the ‘ORBIT Technical Corrections Act of 2003’.” #### Short Title of 2000 Amendment Pub. L. 106–180, § 1, Mar. 17, 2000, 114 Stat. 48, provided that: “This Act [enacting subchapter VI of this chapter] may be cited as the ‘Open-market Reorganization for the Betterment of International Telecommunications Act’ or the ‘ORBIT Act’.” #### Short Title Pub. L. 87–624, title I, § 101, Aug. 31, 1962, 76 Stat. 419, provided that: “This Act [enacting this chapter] may be cited as the ‘Communications Satellite Act of 1962’.” Pub. L. 87–624, title V, § 501, as added by Pub. L. 95–564, Nov. 1, 1978, 92 Stat. 2392, provided that: “This title [enacting subchapter V of this chapter] may be cited as the ‘International Maritime Satellite Telecommunications Act’.” #### Stylistic Consistency Pub. L. 103–414, title III, § 303(f), Oct. 25, 1994, 108 Stat. 4296, provided that: “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.] and the Communications Satellite Act of 1962 [[47 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section70

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

25 U.S.C. § 5301 — Application of other sections of this chapter

**(a) Mandatory application** All provisions of sections 5305(b), 5306, 5307, 5321(c) and (d), 5323, 5324(k) and (l), 5325(a) through (k), and 5332 of this title and section 314 of Public Law 101–512 (coverage under chapter 171 of title 28, commonly known as the “Federal Tort Claims Act”), to the extent not in conflict with this subchapter, shall apply to compacts and funding agreements authorized by this subchapter. **(b) Discretionary application** At the request of a participating Indian tribe, any other provision of subchapter I of this chapter, to the extent such provision is not in conflict with this subchapter, shall be made a part of a funding agreement or compact entered into under this subchapter. The Secretary is obligated to include such provision at the option of the participating Indian tribe or tribes. If such provision is incorporated it shall have the same force and effect as if it were set out in full in this subchapter. In the event an Indian tribe requests such incorporation at the negotiation stage of a compact or funding agreement, such incorporation shall be deemed effective immediately and shall control the negotiation and resulting compact and funding agreement.

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

47 U.S.C. § 902 — Establishment; assigned functions

**(a) Establishment** (1) **Administration** — There shall be within the Department of Commerce an administration to be known as the National Telecommunications and Information Administration. (2) **Head of administration** — The head of the NTIA shall be an Assistant Secretary of Commerce for Communications and Information, who shall be appointed by the President, by and with the advice and consent of the Senate. **(b) Assigned functions** (1) **In general** — Subject to [section 904(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section904/d&num=0&edition=prelim), the Secretary shall assign to the Assistant Secretary and the NTIA responsibility for the performance of the Secretary’s communications and information functions. (2) **Communications and information functions** — Subject to [section 904(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section904/d&num=0&edition=prelim), the functions to be assigned by the Secretary under paragraph (1) include (but are not limited to) the following functions transferred to the Secretary by Reorganization Plan Number 1 of 1977 and Executive Order 12046: (A) The authority delegated by the President to the Secretary to assign frequencies to radio stations or classes of radio stations belonging to and operated by the United States, including the authority to amend, modify, or revoke such assignments, but not including the authority to make final disposition of appeals from frequency assignments. (B) The authority to authorize a foreign government to construct and operate a radio station at the seat of Government of the United States, but only upon recommendation of the Secretary of State and after consultation with the Attorney General and t

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

47 U.S.C. § 941 — Child-friendly second-level Internet domain

**(a) Responsibilities** The NTIA shall require the registry selected to operate and maintain the United States country code Internet domain to establish, operate, and maintain a second-level domain within the United States country code domain that provides access only to material that is suitable for minors and not harmful to minors (in this section referred to as the “new domain”). **(b) Conditions of contracts** (1) **Initial registry** — The NTIA shall not exercise any option periods under any contract between the NTIA and the initial registry to operate and maintain the United States country code Internet domain unless the initial registry agrees, during the 90-day period beginning upon December 4, 2002, to carry out, and to operate the new domain in accordance with, the requirements under subsection (c). Nothing in this subsection shall be construed to prevent the initial registry of the United States country code Internet domain from participating in the NTIA’s process for selecting a successor registry or to prevent the NTIA from awarding, to the initial registry, the contract to be successor registry subject to the requirements of paragraph (2). (2) **Successor registries** — The NTIA shall not enter into any contract for operating and maintaining the United States country code Internet domain with any successor registry unless such registry enters into an agreement with the NTIA, during the 90-day period after selection of such registry, that provides for the registry to carry out, and the new domain to operate in accordance with, the requirements under subsection (c). **(c) Requirements of new domain** The registry and new domain shall be subject to the following requirements: (1) Written content standards for the new domain, except that the NTIA shall n

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

5 U.S.C. § 601 — Definitions

For purposes of this chapter— (1) the term “agency” means an agency as defined in [section 551(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim); (2) the term “rule” means any rule for which the agency publishes a general notice of proposed rulemaking pursuant to [section 553(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b&num=0&edition=prelim), or any other law, including any rule of general applicability governing Federal grants to State and local governments for which the agency provides an opportunity for notice and public comment, except that the term “rule” does not include a rule of particular applicability relating to rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services, or allowances therefor or to valuations, costs or accounting, or practices relating to such rates, wages, structures, prices, appliances, services, or allowances; (3) the term “small business” has the same meaning as the term “small business concern” under section 3 of the Small Business Act, unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register; (4) the term “small organization” means any not-for-profit enterprise which is independently owned and operated and is not dominant in its field, unless an agency establishes, after opportunity for public comment, one or more definitions of such term which are appropriate to the activities of the agency and publishes such

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