47 U.S.C. § 1505 — Unlicensed services in guard bands

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 disaggregating licenses (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) that— (A) has not more than 1,500 employees (as determined under section 121.106 of title 13, Code of Federal Regulations, or any suc- cessor 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 inhab- itants; or (B) an urbanized area contiguous and adja- cent 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 geo- graphic area under section 301 of this title 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 car- rier; 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 tele- communications 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 pro- posed to be established under that paragraph— (A) whether reduced performance require- ments with respect to spectrum obtained through the program would facilitate de- ployment of advanced telecommunications services in the areas covered by the pro- gram; (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 spec- trum, including— (i) extending the term of a license grant- ed under section 301 of this title; 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 subpara- graph (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 re- quirements 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 incen- tives or reduced performance requirements under this section only if the Commission finds that doing so would likely result in in-