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 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- Page 457 TITLE 47—TELECOMMUNICATIONS § 1508 creased availability of advanced telecommuni- cations services in a rural area. (Pub. L. 115–141, div. P, title VI, § 616, Mar. 23, 2018, 132 Stat. 1110.) § 1507. Unlicensed spectrum policy (a) Statement of policy It is the policy of the United States— (1) to maximize the benefit to the people of the United States of the spectrum resources of the United States; (2) to advance innovation and investment in wireless broadband services; and (3) to promote spectrum policy that makes available on an unlicensed basis radio fre- quency bands to address consumer demand for unlicensed wireless broadband operations. (b) Commission responsibilities The Commission shall ensure that the efforts of the Commission related to spectrum alloca- tion and assignment made available on an unli- censed basis radio frequency bands to address demand for unlicensed wireless broadband oper- ations if doing so is, after taking into account the future needs of homeland security, national security, and other spectrum users— (1) reasonable; and (2) in the public interest. (c) Rule of construction Nothing in this section confers any additional rights on unlicensed users or users licensed by rule under part 96 of title 47, Code of Federal Regulations, to protection from harmful inter- ference. (Pub. L. 115–141, div. P, title VI, § 617, Mar. 23, 2018, 132 Stat. 1112.) § 1508. National plan for unlicensed spectrum (a) Definitions In this section: (1) Spectrum Relocation Fund The term ‘‘Spectrum Relocation Fund’’ means the Fund established under section 928 of this title. (2) Unlicensed or licensed by rule operations The term ‘‘unlicensed or licensed by rule op- erations’’ means the use of spectrum on a non- exclusive basis under— (A) part 15 of title 47, Code of Federal Reg- ulations; or (B) licensing by rule under part 96 of title 47, Code of Federal Regulations. (b) National plan Not later than 18 months after March 23, 2018, the Commission, in consultation with the NTIA, shall develop a national plan for making addi- tional radio frequency bands available for unli- censed or licensed by rule operations. (c) Requirements The plan developed under this section shall— (1) identify an approach that ensures that consumers have access to additional spectrum to conduct unlicensed or licensed by rule oper- ations in a range of radio frequencies to meet consumer demand; (2) recommend specific actions by the Com- mission and the NTIA to permit unlicensed or licensed by rule operations in additional radio frequency ranges that the Commission finds— (A) are consistent with the statement of policy under section 1507(a) of this title; (B) will— (i) expand opportunities for unlicensed or licensed by rule operations in a spec- trum band; or (ii) otherwise improve spectrum utiliza- tion and intensity of use of bands where unlicensed or licensed by rule operations are already permitted; (C) will not cause harmful interference to Federal or non-Federal users of such bands; and (D) will not significantly impact homeland security or national security communica- tions systems; and (3) examine additional ways, with respect to existing and planned databases or spectrum access systems designed to promote spectrum sharing and access to spectrum for unlicensed or licensed by rule operations— (A) to improve accuracy and efficacy; (B) to reduce burdens on consumers, manu- facturers, and service providers; and (C) to protect sensitive Government infor- mation. (d) Spectrum Relocation Fund To be included as an appendix as part of the plan developed under this section, the NTIA, in consultation with the Director of the Office of Management and Budget, shall share with the Commission recommendations about how to re- form the Spectrum Relocation Fund— (1) to address costs incurred by Federal enti- ties related to sharing radio frequency bands with radio technologies conducting unlicensed or licensed by rule operations; and (2) to ensure the Spectrum Relocation Fund has sufficient funds to cover— (A) the costs described in paragraph (1); and (B) other expenditures allowed of the Spec- trum Relocation Fund under section 928 of this title. (e) Report required (1) In general Not later than 18 months after March 23, 2018, the Commission shall submit to the ap- propriate committees of Congress a report that describes the plan developed under this section, including any recommendations for legislative change. (2) Publication on commission website Not later than the date on which the Com- mission submits the report under paragraph (1), the Commission shall make the report publicly available on the website of the Com- mission. (f) Rule of construction Nothing in this section confers any additional rights on unlicensed users or users licensed by rule under part 96 of title 47, Code of Federal Regulations, to protection from harmful inter- ference.