47 U.S.C. § 924 — Withdrawal or limitation of assignment to

Page 391 TITLE 47—TELECOMMUNICATIONS § 924 for relocation submitted by the Director of the Office of Management and Budget under section 928(d)(2)(B) of this title.’’ Subsecs. (h) to (l). Pub. L. 112–96, § 6701(a)(2), (3), added subsecs. (h) to (j) and redesignated former sub- secs. (h) and (i) as (k) and (l), respectively. 2004—Subsec. (g). Pub. L. 108–494 added pars. (1) to (6) and struck out former pars. (1) to (3) which related to relocation of Federal Government stations in general, process for relocation, and right to reclaim. 1999—Subsec. (b)(3)(A). Pub. L. 106–65 substituted ‘‘12 megahertz’’ for ‘‘20 megahertz’’. 1998—Subsec. (g)(1). Pub. L. 105–261 designated exist- ing provisions as subpar. (A), inserted subpar. heading, substituted ‘‘Any such Federal entity which proposes to so relocate shall notify the NTIA, which in turn shall notify the Commission, before the auction con- cerned of the marginal costs anticipated to be associ- ated with such relocation or with modifications nec- essary to accommodate prospective licensees. The Com- mission in turn shall notify potential bidders of the es- timated relocation or modification costs based on the geographic area covered by the proposed licenses before the auction.’’ for ‘‘Such payments may be in advance of relocation and may be in cash or in kind. Any such payment in cash shall be deposited in the account of such Federal entity in the Treasury of the United States or in a separate account authorized by law. Funds deposited according to this paragraph shall be available, without appropriation or fiscal year limita- tion, only for such expenses of the Federal entity for which such funds were deposited under this para- graph.’’, and added subpars. (B) to (F). 1997—Subsec. (a). Pub. L. 105–33, § 3002(e)(1), inserted ‘‘and within 6 months after August 5, 1997’’ after ‘‘Au- gust 10, 1993,’’ in introductory provisions. Subsec. (b)(1). Pub. L. 105–33, § 3002(e)(2)(A), (B), sub- stituted ‘‘Initial reallocation report’’ for ‘‘In general’’ in heading and inserted ‘‘in the initial report required by subsection (a)’’ after ‘‘recommend for reallocation’’ in text. Subsec. (b)(2). Pub. L. 105–33, § 3002(e)(2)(C), inserted ‘‘or (3)’’ after ‘‘paragraph (1)’’ in two places. Subsec. (b)(3). Pub. L. 105–33, § 3002(e)(2)(D), added par. (3). Subsec. (d)(4). Pub. L. 105–33, § 3002(e)(3), substituted ‘‘initial report’’ for ‘‘final report’’. Subsecs. (f) to (i). Pub. L. 105–33, § 3002(d)(1), added subsecs. (f) to (i). Statutory Notes and Related Subsidiaries SPECTRUM MANAGEMENT AUTHORITY RETAINED Pub. L. 108–494, title II, § 208(a), Dec. 23, 2004, 118 Stat. 3996, provided that: ‘‘Except as provided with respect to the bands of frequencies identified in section 113(g)(2)(A) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(2)(A)) as amended by this title, nothing in this title [see Short Title of 2004 Amendment note set out under section 901 of this title] or the amendments made by this title shall be construed as limiting the Federal Communications Commission’s authority to al- locate bands of frequencies that are reallocated from Federal use to non-Federal use for unlicensed, public safety, shared, or non-commercial use.’’ REPORTS ON COSTS OF RELOCATIONS Pub. L. 105–261, div. A, title X, § 1064(d), Oct. 17, 1998, 112 Stat. 2133, provided that: ‘‘The head of each depart- ment or agency of the Federal Government shall in- clude in the annual budget submission of such depart- ment or agency to the Director of the Office of Manage- ment and Budget a report assessing the costs to be in- curred by such department or agency as a result of any frequency relocations of such department or agency that are anticipated under section 113 of the National Telecommunications [and] Information Administration Organization Act (47 U.S.C. 923) as of the date of such report.’’ § 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, withdraw the assignment to a Federal Government station of any frequency which the report rec- ommends for immediate reallocation; (2) within any such 6-month period, limit the assignment to a Federal Government station of any frequency which the report rec- ommends be made immediately available for mixed use under section 923(b)(2) of this title; (3) by the delayed effective date rec- ommended by the Secretary under section 923(e) of this title (except as provided in sub- section (b)(4) of this section), withdraw or limit the assignment to a Federal Government station of any frequency which the report rec- ommends 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 as- signments; 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 cir- cumstance described in paragraph (2) exists, the President— (A) may substitute an alternative fre- quency or frequencies for the frequency that is subject to such determination and with- draw (or limit) the assignment of that alter- native frequency in the manner required by subsection (a); and (B) shall submit a statement of the reasons for taking the action described in subpara- graph (A) to the Commission, Committee on Energy and Commerce of the House of Rep- resentatives, and the Committee on Com- merce, Science, and Transportation of the Senate. (2) Grounds for substitution For purposes of paragraph (1), the following circumstances are described in this paragraph: (A) the reassignment would seriously jeop- ardize the national defense interests of the United States; (B) the frequency proposed for reassign- ment is uniquely suited to meeting impor- tant governmental needs; (C) the reassignment would seriously jeop- ardize public health or safety; (D) the reassignment will result in costs to the Federal Government that are excessive in relation to the benefits that may be ob- tained from commercial or other non-Fed- eral uses of the reassigned frequency; or (E) the reassignment will disrupt the ex- isting use of a Federal Government band of frequencies by amateur radio licensees. (3) Criteria for substituted frequencies For purposes of paragraph (1), a frequency may not be substituted for a frequency identi- Page 392 TITLE 47—TELECOMMUNICATIONS § 925 fied and recommended by the report of the Secretary under section 923(a) of this title un- less the substituted frequency also meets each of the criteria specified by section 923(a) of this title. (4) Delays in implementation If the President determines that any action cannot be completed by the delayed effective date recommended by the Secretary pursuant to section 923(e) of this title, or that such an action by such date would result in a fre- quency being unused as a consequence of the Commission’s plan under section 925 of this title, the President may— (A) withdraw or limit the assignment to Federal Government stations on a later date that is consistent with such plan, except that the President shall notify each com- mittee specified in paragraph (1)(B) and the Commission of the reason that withdrawal or limitation at a later date is required; or (B) substitute alternative frequencies pur- suant to the provisions of this subsection. (Pub. L. 102–538, title I, § 114, as added Pub. L. 103–66, title VI, § 6001(a)(3), Aug. 10, 1993, 107 Stat. 384; amended Pub. L. 105–33, title III, § 3002(d)(2), Aug. 5, 1997, 111 Stat. 264.) Editorial Notes AMENDMENTS 1997—Subsec. (a)(1). Pub. L. 105–33, § 3002(d)(2)(A), sub- stituted ‘‘subsection (a), (d)(1), or (f)’’ for ‘‘subsection (a) or (d)(1)’’. Subsec. (a)(2). Pub. L. 105–33, § 3002(d)(2)(B), sub- stituted ‘‘any such 6-month period’’ for ‘‘either such 6- month period’’. § 925. Distribution of frequencies by Commission (a) Allocation and assignment of immediately available frequencies With respect to the frequencies made available for immediate reallocation pursuant to section 923(e)(2) of this title, the Commission, not later than 18 months after August 10, 1993, shall issue regulations to allocate such frequencies and shall propose regulations to assign such fre- quencies. (b) Allocation and assignment of remaining available frequencies With respect to the frequencies made available for reallocation pursuant to section 923(e)(3) of this title, the Commission shall, not later than 1 year after receipt of the initial reallocation re- port required by section 923(a) of this title, pre- pare, submit to the President and the Congress, and implement, a plan for the allocation and as- signment under the 1934 Act [47 U.S.C. 151 et seq.] of such frequencies. Such plan shall— (1) not propose the immediate allocation and assignment of all such frequencies but, taking into account the timetable recommended by the Secretary pursuant to section 923(e) of this title, shall propose— (A) gradually to allocate and assign the frequencies remaining, after making the res- ervation required by subparagraph (B), over the course of 10 years beginning on the date of submission of such plan; and (B) to reserve a significant portion of such frequencies for allocation and assignment beginning after the end of such 10-year pe- riod; (2) contain appropriate provisions to en- sure— (A) the availability of frequencies for new technologies and services in accordance with the policies of section 7 of the 1934 Act (47 U.S.C. 157); (B) the availability of frequencies to stim- ulate the development of such technologies; and (C) the safety of life and property in ac- cordance with the policies of section 1 of the 1934 Act (47 U.S.C. 151); (3) address (A) the feasibility of reallocating portions of the spectrum from current com- mercial and other non-Federal uses to provide for more efficient use of the spectrum, and (B) innovation and marketplace developments that may affect the relative efficiencies of dif- ferent spectrum allocations; (4) not prevent the Commission from allo- cating frequencies, and assigning licenses to use frequencies, not included in the plan; and (5) not preclude the Commission from mak- ing changes to the plan in future proceedings. (c) Allocation and assignment of frequencies identified in second reallocation report (1) Plan and implementation With respect to the frequencies made avail- able for reallocation pursuant to section 923(b)(3) of this title, the Commission shall, not later than one year after receipt of the second reallocation report required by section 923(a) of this title, prepare, submit to the President and the Congress, and implement, a plan for the immediate allocation and assign- ment under the 1934 Act [47 U.S.C. § 151 et seq.] of all such frequencies in accordance with sec- tion 309(j) of such Act [47 U.S.C. 309(j)]. (2) Contents The plan prepared by the Commission under paragraph (1) shall consist of a schedule of al- location and assignment of those frequencies in accordance with section 309(j) of the 1934 Act in time for the assignment of those li- censes or permits by September 30, 2002. (Pub. L. 102–538, title I, § 115, as added Pub. L. 103–66, title VI, § 6001(a)(3), Aug. 10, 1993, 107 Stat. 385; amended Pub. L. 105–33, title III, § 3002(e)(4), Aug. 5, 1997, 111 Stat. 265.) Editorial Notes REFERENCES IN TEXT For definition of the 1934 Act, referred to in subsecs. (b) and (c)(1), see section 921(3) of this title. AMENDMENTS 1997—Subsec. (b). Pub. L. 105–33, § 3002(e)(4)(A), sub- stituted ‘‘the initial reallocation report required’’ for ‘‘the report required’’ in introductory provisions. Subsec. (c). Pub. L. 105–33, § 3002(e)(4)(B), added sub- sec. (c).