47 U.S.C. § 1453 — Unlicensed use in the 5 GHZ band

Page 449 TITLE 47—TELECOMMUNICATIONS § 1453 digital companion facilities may be com- bined. (B) Television translator station The term ‘‘television translator station’’ means a television broadcast translator sta- tion (as defined in section 74.701 of title 47, Code of Federal Regulations) that was li- censed and transmitting for at least 9 of the 12 months prior to April 13, 2017. For pur- poses of the preceding sentence, the oper- ation of analog and digital companion facili- ties may be combined. (l) Payment of Relocation Costs of FM Broadcast Stations (1) Payment required (A) In general From amounts made available under sub- section (j)(2), the Commission shall reim- burse costs reasonably incurred by an FM broadcast station for facilities necessary for such station to reasonably minimize disrup- tion of service as a result of the reorganiza- tion of broadcast television spectrum under subsection (b). (B) Limitation The Commission may not make reimburse- ments under subparagraph (A) for lost reve- nues. (C) Duplicative payments prohibited If an FM broadcast station has received a payment for interim facilities from the li- censee of a television broadcast station that was reimbursed for such payment under sub- section (b)(4)(A)(i) (including from amounts made available under subsection (j)(2)(A)(i)), or from any other source, such FM broadcast station may not receive any reimbursements under subparagraph (A). (2) FM broadcast station defined In this subsection, the term ‘FM broadcast station’ has the meaning given such term in section 73.310 of title 47, Code of Federal Regu- lations, and includes an FM translator, which has the meaning given the term ‘‘FM trans- lator’’ in section 74.1201 of such title. (m) Rulemaking (1) In general Not later than 1 year after March 23, 2018, the Commission shall complete a rulemaking to implement subsections (k) and (l). (2) Matters for inclusion The rulemaking completed under paragraph (1) shall include the development of lists of reasonable eligible costs to be reimbursed by the Commission pursuant to subsections (k) and (l), and procedures for the submission and review of cost estimates and other materials related to those costs consistent with the reg- ulations developed by the Commission pursu- ant to subsection (b)(4). (n) Rule of construction (1) Nothing in subsections (j) through (m) shall alter the final transition phase completion date established by the Commission for full power and Class A television stations. (Pub. L. 112–96, title VI, § 6403, Feb. 22, 2012, 126 Stat. 225; Pub. L. 115–141, div. E, title V, § 511, Mar. 23, 2018, 132 Stat. 563.) Editorial Notes AMENDMENTS 2018—Subsecs. (j) to (n). Pub. L. 115–141 added subsecs. (j) to (n). § 1453. Unlicensed use in the 5 GHZ band (a) Modification of Commission regulations to allow certain unlicensed use (1) In general Subject to paragraph (2), not later than 1 year after February 22, 2012, the Commission shall begin a proceeding to modify part 15 of title 47, Code of Federal Regulations, to allow unlicensed U–NII devices to operate in the 5350–5470 MHz band. (2) Required determinations The Commission may make the modification described in paragraph (1) only if the Commis- sion, in consultation with the Assistant Sec- retary, determines that— (A) licensed users will be protected by technical solutions, including use of exist- ing, modified, or new spectrum-sharing tech- nologies and solutions, such as dynamic fre- quency selection; and (B) the primary mission of Federal spec- trum users in the 5350–5470 MHz band will not be compromised by the introduction of unlicensed devices. (b) Study by NTIA (1) In general The Assistant Secretary, in consultation with the Department of Defense and other im- pacted agencies, shall conduct a study evalu- ating known and proposed spectrum-sharing technologies and the risk to Federal users if unlicensed U–NII devices were allowed to oper- ate in the 5350–5470 MHz band and in the 5850–5925 MHz band. (2) Submission The Assistant Secretary shall submit to the Commission and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate— (A) not later than 8 months after February 22, 2012, a report on the portion of the study required by paragraph (1) with respect to the 5350–5470 MHz band; and (B) not later than 18 months after Feb- ruary 22, 2012, a report on the portion of the study required by paragraph (1) with respect to the 5850–5925 MHz band. (c) Definitions In this section: (1) 5350–5470 MHz band The term ‘‘5350–5470 MHz band’’ means the portion of the electromagnetic spectrum be- tween the frequencies from 5350 megahertz to 5470 megahertz. (2) 5850–5925 MHz band The term ‘‘5850–5925 MHz band’’ means the portion of the electromagnetic spectrum be- Page 450 TITLE 47—TELECOMMUNICATIONS § 1454 1 See References in Text note below. tween the frequencies from 5850 megahertz to 5925 megahertz. (Pub. L. 112–96, title VI, § 6406, Feb. 22, 2012, 126 Stat. 231.) § 1454. Guard bands and unlicensed use (a) In general Nothing in subparagraph (G) of section 309(j)(8) of this title or in section 1452 of this title shall be construed to prevent the Commis- sion from using relinquished or other spectrum to implement band plans with guard bands. (b) Size of guard bands Such guard bands shall be no larger than is technically reasonable to prevent harmful inter- ference between licensed services outside the guard bands. (c) Unlicensed use in guard bands The Commission may permit the use of such guard bands for unlicensed use. (d) Database Unlicensed use shall rely on a database or sub- sequent methodology as determined by the Com- mission. (e) Protections against harmful interference The Commission may not permit any use of a guard band that the Commission determines would cause harmful interference to licensed services. (Pub. L. 112–96, title VI, § 6407, Feb. 22, 2012, 126 Stat. 231.) § 1455. Wireless facilities deployment (a) Facility modifications (1) In general Notwithstanding section 704 of the Tele- communications Act of 1996 (Public Law 104–104) or any other provision of law, a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station. (2) Eligible facilities request For purposes of this subsection, the term ‘‘eligible facilities request’’ means any request for modification of an existing wireless tower or base station that involves— (A) collocation of new transmission equip- ment; (B) removal of transmission equipment; or (C) replacement of transmission equip- ment. (3) Applicability of environmental laws Nothing in paragraph (1) shall be construed to relieve the Commission from the require- ments of the National Historic Preservation Act 1 or the National Environmental Policy Act of 1969. (b) Federal easements, rights-of-way, and leases (1) Grant If an executive agency, a State, a political subdivision or agency of a State, or a person, firm, or organization applies for the grant of an easement, right-of-way, or lease to, in, over, or on a building or other property owned by the Federal Government for the right to in- stall, construct, modify, or maintain a com- munications facility installation, the execu- tive agency having control of the building or other property may grant to the applicant, on behalf of the Federal Government, subject to paragraph (3), an easement, right-of-way, or lease to perform such installation, construc- tion, modification, or maintenance. (2) Application (A) In general The Administrator of General Services shall develop a common form for applica- tions for easements, rights-of-way, and leases under paragraph (1) for all executive agencies that, except as provided in subpara- graph (B), shall be used by all executive agencies and applicants with respect to the buildings or other property of each such agency. (B) Exception The requirement under subparagraph (A) for an executive agency to use the common form developed by the Administrator of Gen- eral Services shall not apply to an executive agency if the head of an executive agency notifies the Administrator that the execu- tive agency uses a substantially similar ap- plication. (3) Timely consideration of applications (A) In general Not later than 270 days after the date on which an executive agency receives a duly filed application for an easement, right-of- way, or lease under this subsection, the ex- ecutive agency shall— (i) grant or deny, on behalf of the Fed- eral Government, the application; and (ii) notify the applicant of the grant or denial. (B) Explanation of denial If an executive agency denies an applica- tion under subparagraph (A), the executive agency shall notify the applicant in writing, including a clear statement of the reasons for the denial. (C) Applicability of environmental laws Nothing in this paragraph shall be con- strued to relieve an executive agency of the requirements of division A of subtitle III of title 54 or the National Environmental Pol- icy Act of 1969 (42 U.S.C. 4321 et seq.). (D) Point of contact Upon receiving an application under sub- paragraph (A), an executive agency shall designate one or more appropriate individ- uals within the executive agency to act as a point of contact with the applicant. (c) Master contracts for communications facility installation sitings (1) In general Notwithstanding section 704 of the Tele- communications Act of 1996 (Public Law