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

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

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

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Source file: Laws/federal/codes/united-states-code/title-47/section-926-authority-to-recover-reassigned-frequencies--b84aea086a.md
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Source location: Title 47, Chapter 8, § 926; chapter-008-national-telecommunications-and-information-administration.md

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**(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 frequencies pursuant to this section, including the cost of equipment which is rendered unusable, the cost of relocating operations to a different frequency, and any other costs that are directly attributable to the reclaiming of the frequency pursuant to this section, and there are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section. **(d) Effective date of reclaimed frequencies** The Commission shall not withdraw licenses for any reclaimed frequencies until the end of the fiscal year following the fiscal year in which a statement under [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) pertaining to such frequencies is received by the Commission. **(e) Effect on other law** Nothing in this section shall be construed to limit or otherwise affect the authority of the President under section 706 of the 1934 Act ([47 U.S.C. 606](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section606&num=0&edition=prelim)).

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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 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. § 606 — War powers of President

**(a) Priority communications** During the continuance of a war in which the United States is engaged, the President is authorized, if he finds it necessary for the national defense and security, to direct that such communications as in his judgment may be essential to the national defense and security shall have preference or priority with any carrier subject to this chapter. He may give these directions at and for such times as he may determine, and may modify, change, suspend, or annul them and for any such purpose he is authorized to issue orders directly, or through such person or persons as he designates for the purpose, or through the Commission. Any carrier complying with any such order or direction for preference or priority herein authorized shall be exempt from any and all provisions in existing law imposing civil or criminal penalties, obligations, or liabilities upon carriers by reason of giving preference or priority in compliance with such order or direction. **(b) Obstruction of interstate or foreign communications** It shall be unlawful for any person during any war in which the United States is engaged to knowingly or willfully, by physical force or intimidation by threats of physical force, obstruct or retard or aid in obstructing or retarding interstate or foreign communication by radio or wire. The President is authorized, whenever in his judgment the public interest requires, to employ the armed forces of the United States to prevent any such obstruction or retardation of communication: Provided, That nothing in this section shall be construed to repeal, modify, or affect either [section 17 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section17&num=0&edition=prelim) or [section 52 of title 29](https://uscode.ho

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 606

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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

Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 151

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

47 U.S.C. § 606 — War powers of President

Page 317 TITLE 47—TELECOMMUNICATIONS § 606 98–549, §§ 5(a), 6(a), Oct. 30, 1984, 98 Stat. 2802, 2804; Pub. L. 100–626, § 11, Nov. 7, 1988, 102 Stat. 3211; Pub. L. 100–667, title II, §§ 204, 205, Nov. 16, 1988, 102 Stat. 3958, 3959; Pub. L. 103–414, title III, §§ 303(a)(25)–(28), 304(a)(15), Oct. 25, 1994, 108 Stat. 4295–4297; Pub. L. 104–104, title II, § 205(a), Feb. 8, 1996, 110 Stat. 114.) Editorial Notes AMENDMENTS 1996—Subsec. (e)(4). Pub. L. 104–104 inserted ‘‘or di- rect-to-home satellite services,’’ after ‘‘programming,’’. 1994—Subsec. (d)(6). Pub. L. 103–414, § 303(a)(25), sub- stituted ‘‘subsection (e)’’ for ‘‘subsection (d)’’. Subsec. (e)(3)(A). Pub. L. 103–414, § 303(a)(26), sub- stituted ‘‘paragraph (4) of this subsection’’ for ‘‘para- graph (4) of subsection (d)’’. Subsec. (f). Pub. L. 103–414, § 303(a)(27), redesignated subsec. (f), relating to universal encryption standard, as (g). Subsec. (g). Pub. L. 103–414, § 304(a)(15), which directed substitution of ‘‘The Commission’’ for ‘‘within 6 months after November 16, 1988, the Federal Commu- nications Commission’’, was executed by making the substitution in text which read ‘‘Within 6 months’’ rather than ‘‘within 6 months’’ in introductory provi- sions to reflect the probable intent of Congress. Pub. L. 103–414, § 303(a)(27), redesignated subsec. (f), relating to universal encryption standard, as (g). Former subsec. (g) redesignated (h). Subsec. (h). Pub. L. 103–414, § 303(a)(27), (28), redesig- nated subsec. (g) as (h) and substituted ‘‘subsection (g)’’ for ‘‘subsection (f)’’. 1988—Subsecs. (c), (d). Pub. L. 100–626 added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (d)(6). Pub. L. 100–667, § 205(1), which directed the addit

Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 606

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

47 U.S.C. § 926 — Untitled legal text

Page 393 TITLE 47—TELECOMMUNICATIONS § 926 Statutory Notes and Related Subsidiaries ACCELERATED AVAILABILITY FOR AUCTION OF 1,710–1,755 MEGAHERTZ FROM INITIAL REALLOCATION REPORT Pub. L. 105–33, title III, § 3002(b), Aug. 5, 1997, 111 Stat. 260, provided that: ‘‘The band of frequencies located at 1,710–1,755 megahertz identified in the initial realloca- tion report under section 113(a) of the National Tele- communications and Information Administration Act (47 U.S.C. 923(a)) shall, notwithstanding the timetable recommended under section 113(e) of such Act and sec- tion 115(b)(1) of such Act [47 U.S.C. 925(b)(1)], be avail- able in accordance with this subsection for assignment for commercial use. The Commission shall assign li- censes for such use by competitive bidding commenced after January 1, 2001, pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)).’’ COMMISSION OBLIGATION TO MAKE ADDITIONAL SPECTRUM AVAILABLE BY AUCTION Pub. L. 105–33, title III, § 3002(c), Aug. 5, 1997, 111 Stat. 261, provided that: ‘‘(1) IN GENERAL.—The Commission shall complete all actions necessary to permit the assignment by Sep- tember 30, 2002, by competitive bidding pursuant to sec- tion 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), of licenses for the use of bands of frequencies that— ‘‘(A) in the aggregate span not less than 55 mega- hertz; ‘‘(B) are located below 3 gigahertz; ‘‘(C) have not, as of the date of enactment of this Act [Aug. 5, 1997]— ‘‘(i) been designated by Commission regulation for assignment pursuant to such section; ‘‘(ii) been identified by the Secretary of Com- merce pursuant to section 113 of the National Tele- communications and Information Administration Organization Act (47 U.S.C. 923); ‘‘(iii) bee

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