47 U.S.C. § 337 — Allocation and assignment of new public

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. 1536, 1501A–594, provided that: ‘‘Congress finds the following: ‘‘(1) Since the creation of low-power television li- censes by the Federal Communications Commission, a small number of license holders have operated their stations in a manner beneficial to the public good providing broadcasting to their communities that would not otherwise be available. ‘‘(2) These low-power broadcasters have operated their stations in a manner consistent with the pro- gramming objectives and hours of operation of full- power broadcasters providing worthwhile services to their respective communities while under severe li- cense limitations compared to their full-power coun- terparts. ‘‘(3) License limitations, particularly the tem- porary nature of the license, have blocked many low- power broadcasters from having access to capital, and have severely hampered their ability to continue to provide quality broadcasting, programming, or im- provements. ‘‘(4) The passage of the Telecommunications Act of 1996 [Pub. L. 104–104, see Short Title of 1996 Amend- ment note set out under section 609 of this title] has added to the uncertainty of the future status of these stations by the lack of specific provisions regarding the permanency of their licenses, or their treatment during the transition to high definition, digital tele- vision. ‘‘(5) It is in the public interest to promote diversity in television programming such as that currently provided by low-power television stations to foreign- language communities.’’ Executive Documents EXECUTIVE ORDER NO. 13038 Ex. Ord. No. 13038, Mar. 11, 1997, 62 F.R. 12065, as amended by Ex. Ord. No. 13062, § 5, Sept. 29, 1997, 62 F.R. 51756; Ex. Ord. No. 13065, Oct. 22, 1997, 62 F.R. 55329; Ex. Ord. No. 13081, Apr. 30, 1998, 63 F.R. 24385; Ex. Ord. No. 13102, Sept. 25, 1998, 63 F.R. 52125, which established the Advisory Committee on the Public Interest Obligations of Digital Television Broadcasters, was revoked by Ex. Ord. No. 13138, § 3(b), Sept. 30, 1999, 64 F.R. 53880, for- merly set out as a note under section 1013 of Title 5, Government Organization and Employees. § 337. Allocation and assignment of new public safety services licenses and commercial li- censes (a) In general Not later than January 1, 1998, the Commis- sion shall allocate the electromagnetic spec- trum 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 com- mercial use to be assigned by competitive bid- ding pursuant to section 309(j) of this title. (b) Assignment The Commission shall commence assignment of licenses for public safety services created pur- suant 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 per- mit the use of unassigned frequencies for the provision of public safety services by such en- tity. 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 fea- sible without causing harmful interference to other spectrum users entitled to protec- tion from such interference under the Com- mission’s regulations; (C) the use of the unassigned frequency for the provision of public safety services is con- sistent with other allocations for the provi- sion 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 pend- ing or filed on or after August 5, 1997. (d) Conditions on licenses In establishing service rules with respect to li- censes granted pursuant to this section, the Commission— Page 195 TITLE 47—TELECOMMUNICATIONS § 337 (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 tele- vision service; (3) may permit public safety services licens- ees and commercial licensees— (A) to aggregate multiple licenses to cre- ate 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 re- allocated pursuant to subsection (a)(1) shall not be subject to harmful interference from television broadcast licensees. (e) Removal and relocation of incumbent broad- cast licensees (1) Channels 52 to 69 Any full-power television station licensee that holds a television broadcast license to op- erate 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 serv- ice, 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 en- tity whose primary mission is the provi- sion of such services; and (C) that are not made commercially avail- able to the public by the provider. (2) Qualifying low-power television stations A station is a qualifying low-power tele- vision 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. (June 19, 1934, ch. 652, title III, § 337, as added Pub. L. 105–33, title III, § 3004, Aug. 5, 1997, 111 Stat. 266; amended Pub. L. 106–79, title VIII, § 8124(a), Oct. 25, 1999, 113 Stat. 1262; Pub. L. 106–113, div. B, § 1000(a)(5) [title II, § 213(a)(1), (d)], Nov. 29, 1999, 113 Stat. 1536, 1501A–295, 1501A–297; Pub. L. 109–171, title III, § 3002(c)(1), Feb. 8, 2006, 120 Stat. 21; Pub. L. 111–4, § 2(b)(3), Feb. 11, 2009, 123 Stat. 112; Pub. L. 112–96, title VI, § 6101(b), Feb. 22, 2012, 126 Stat. 205.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c)(1), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see section 609 of this title and Tables. AMENDMENTS 2012—Subsec. (a)(1). Pub. L. 112–96, § 6101(b)(1), sub- stituted ‘‘34’’ for ‘‘24’’. Subsec. (a)(2). Pub. L. 112–96, § 6101(b)(2), substituted ‘‘26’’ for ‘‘36’’. 2009—Subsec. (e)(1). Pub. L. 111–4 substituted ‘‘June 12, 2009’’ for ‘‘February 17, 2009’’. 2006—Subsec. (e)(1). Pub. L. 109–171, § 3002(c)(1)(A), substituted ‘‘Channels 52 to 69’’ for ‘‘Channels 60 to 69’’ in heading and substituted in text ‘‘full-power tele- vision station licensee that’’ for ‘‘person who’’, ‘‘698 and 806 megahertz’’ for ‘‘746 and 806 megahertz’’, and ‘‘Feb- ruary 17, 2009’’ for ‘‘the date on which the digital tele- vision service transition period terminates, as deter- mined by the Commission’’. Subsec. (e)(2). Pub. L. 109–171, § 3002(c)(1)(B), sub- stituted ‘‘698 megahertz’’ for ‘‘746 megahertz’’. 1999—Subsec. (b). Pub. L. 106–113, § 1000(a)(5) [title II, § 213(a)(1)], substituted ‘‘The Commission shall com- mence assignment of licenses for public safety services created pursuant to subsection (a) no later than Sep- tember 30, 1998.’’ for ‘‘The Commission shall— ‘‘(1) commence assignment of the licenses for public safety services created pursuant to subsection (a) no later than September 30, 1998; and’’. Subsec. (b)(2). Pub. L. 106–79, which struck out par. (2) reading ‘‘commence competitive bidding for the com- mercial licenses created pursuant to subsection (a) after January 1, 2001.’’, was repealed by Pub. L. 106–113, § 1000(a)(5) [title II, § 213(d)]. Statutory Notes and Related Subsidiaries INTERFERENCE PROTECTION Pub. L. 107–195, § 6, June 19, 2002, 116 Stat. 717, pro- vided that: ‘‘(a) INTERFERENCE WAIVERS.—In granting a request by a television broadcast station licensee assigned to any of channels 52–69 to utilize any channel of channels 2–51 that is assigned for digital broadcasting in order to continue analog broadcasting during the transition to digital broadcasting, the Federal Communications Commission may not, either at the time of the grant or thereafter, waive or otherwise reduce— ‘‘(1) the spacing requirements provided for analog broadcasting licensees within channels 2–51 as re- quired by section 73.610 of the Commission’s rules (and the table contained therein) (47 CFR 73.610), or ‘‘(2) the interference standards provided for digital broadcasting licensees within channels 2–51 as re- quired by sections 73.622 and 73.623 of such rules (47 CFR 73.622, 73.623), if such waiver or reduction will result in any degrada- tion in or loss of service, or an increased level of inter- ference, to any television household except as the Com- mission’s rules would otherwise expressly permit, ex- clusive of any waivers previously granted. Page 196 TITLE 47—TELECOMMUNICATIONS § 338 1 See References in Text note below. ‘‘(b) EXCEPTION FOR PUBLIC SAFETY CHANNEL CLEAR- ING.—The restrictions in subsection (a) shall not apply to a station licensee that is seeking authority (either by waiver or otherwise) to vacate the frequencies that constitute television channel 63, 64, 68, or 69 in order to make such frequencies available for public safety pur- poses pursuant to the provisions of section 337 of the Communications Act of 1934 (47 U.S.C. 337).’’ COMPETITIVE BIDDING PROCESS FOR COMMERCIAL LICENSES FOR ASSIGNED FREQUENCIES Pub. L. 106–113, div. B, § 1000(a)(5) [title II, § 213], Nov. 29, 1999, 113 Stat. 1536, 1501A–295, as amended by Pub. L. 107–195, § 3(b)(3), June 19, 2002, 116 Stat. 717, provided that: ‘‘(a) REVISED SCHEDULE FOR COMPETITIVE BIDDING OF SPECTRUM.—(1) [Amended subsec. (b) of this section.] ‘‘[(2), (3) Repealed. Pub. L. 107–195, § 3(b)(3), June 19, 2002, 116 Stat. 717.] ‘‘(4)(A) To expedite the assignment by competitive bidding of the frequencies identified in section 337(a)(2) of the Communications Act of 1934 (47 U.S.C. 337(a)(2)), the rules governing such frequencies shall be effective immediately upon publication in the Federal Register without regard to sections 553(d), 801(a)(3), 804(2), and 806(a) of title 5, United States Code. ‘‘(B) Chapter 6 of title 5, United States Code, section 3 of the Small Business Act (15 U.S.C. 632), and sections 3507 and 3512 of title 44, United States Code, shall not apply to the rules and competitive bidding procedures governing the frequencies described in subparagraph (A). ‘‘(5) Notwithstanding section 309(b) of the Commu- nications Act of 1934 (47 U.S.C. 309(b)), no application for an instrument of authorization for the frequencies described in paragraph (4) may be granted by the Fed- eral Communications Commission earlier than 7 days following issuance of public notice by the Commission of the acceptance for filing of such application or of any substantial amendment thereto. ‘‘(6) Notwithstanding section 309(d)(1) of the Commu- nications Act of 1934 (47 U.S.C. 309(d)(1)), the Federal Communications Commission may specify a period (which shall be not less than 5 days following issuance of the public notice described in paragraph (5)) for the filing of petitions to deny any application for an instru- ment of authorization for the frequencies described in paragraph (4). ‘‘(b) REPORTS.—(1) Not later than 30 days after the date of the enactment of this Act [Nov. 29, 1999], the Di- rector of the Office of Management and Budget and the Federal Communications Commission shall each sub- mit to the appropriate congressional committees a re- port which shall— ‘‘(A) set forth the anticipated schedule (including specific dates) for— ‘‘(i) preparing and conducting the competitive bidding process required by subsection (a); and ‘‘(ii) depositing the receipts of the competitive bidding process; ‘‘(B) set forth each significant milestone in the rulemaking process with respect to the competitive bidding process; and ‘‘(C) include an explanation of the effect of each re- quirement in subsection (a) on the schedule for the competitive bidding process and any post-bidding ac- tivities (including the deposit of receipts) when com- pared with the schedule for the competitive bidding and any post-bidding activities (including the deposit of receipts) that would otherwise have occurred under section 337(b)(2) of the Communications Act of 1934 (47 U.S.C. 337(b)(2)) if not for the enactment of sub- section (a). ‘‘(2) Not later than 60 days after the date of the enact- ment of this Act [Nov. 29, 1999], the Federal Commu- nications Commission shall submit to the appropriate congressional committees a report which shall set forth for each spectrum auction held by the Commis- sion since January 1, 1998, information on— ‘‘(A) the time required for each stage of preparation for the auction; ‘‘(B) the date of the commencement and of the com- pletion of the auction; ‘‘(C) the time which elapsed between the date of the completion of the auction and the date of the first de- posit of receipts from the auction in the Treasury; and ‘‘(D) the amounts, summarized by month, of all subsequent deposits in a Treasury receipt account from the auction. ‘‘(3) Not later than October 31, 2000, the Federal Com- munications Commission shall submit to the appro- priate congressional committees a report which shall— ‘‘(A) describe the course of the competitive bidding process required by subsection (a) through September 30, 2000, including the amount of any receipts from the competitive bidding process deposited in the Treasury as of September 30, 2000; and ‘‘(B) if the course of the competitive bidding proc- ess has included any deviations from the schedule set forth under paragraph (1)(A), an explanation for such deviations from the schedule. ‘‘(4) Each report required by this subsection shall be prepared by the agency concerned without influence of any other Federal department or agency. ‘‘(5) In this subsection, the term ‘‘appropriate con- gressional committees’’ means the following: ‘‘(A) The Committees on Appropriations, the Budg- et, and Commerce, Science, and Transportation of the Senate. ‘‘(B) The Committees on Appropriations, the Budg- et, and Commerce of the House of Representatives. ‘‘(c) CONSTRUCTION.—Nothing in this section shall be construed to supersede the requirements placed on the Federal Communications Commission by section 337(d)(4) of the Communications Act of 1934 (47 U.S.C. 337(d)(4)). ‘‘(d) REPEAL OF SUPERSEDED PROVISIONS.—Section 8124 of the Department of Defense Appropriations Act, 2000 [Pub. L. 106–79, amending this section and enacting provisions formerly set out under this section] is re- pealed.’’ Pub. L. 106–79, title VIII, § 8124, Oct. 25, 1999, 113 Stat. 1262, related to the establishment of a competitive bid- ding process for commercial licenses and required re- ports to Congressional committees, prior to repeal by Pub. L. 106–113, div. B, § 1000(a)(5) [title II, § 213(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A–297. § 338. Carriage of local television signals by sat- ellite carriers (a) Carriage obligations (1) In general Each satellite carrier providing, under sec- tion 122 of title 17, secondary transmissions to subscribers located within the local market of a television broadcast station of a primary transmission made by that station shall carry upon request the signals of all television broadcast stations located within that local market, subject to section 325(b) of this title. (2) Remedies for failure to carry In addition to the remedies available to tele- vision broadcast stations under section 501(f) of title 17, the Commission may use the Com- mission’s authority under this chapter to as- sure compliance with the obligations of this subsection, but in no instance shall a Commis- sion enforcement proceeding be required as a predicate to the pursuit of a remedy available under such section 501(f). (3) Low power station carriage optional No low power television station whose sig- nals are provided under section 119(a)(14) 1 of