47 U.S.C. § 1503 — Millimeter wave spectrum

Page 455 TITLE 47—TELECOMMUNICATIONS § 1504 Title X of the Act, known as the Spectrum Pipeline Act of 2015, is title X of Pub. L. 114–74, Nov. 2, 2015, 129 Stat. 621. For complete classification of this Act to the Code, see Short Title of 2015 Amendment note set out under section 901 of this title and Tables. Section 156 of the National Telecommunications and Information Administration Organization Act, as added by section 1062(a) of the National Defense Authoriza- tion Act for Fiscal Year 2000, referred to in subsec. (b)(3), is section 156 of title I of Pub. L. 102–538, as added by Pub. L. 106–65, div. A, title X, § 1062(a), Oct. 5, 1999, 113 Stat. 767, formerly set out as a note under section 921 of this title. § 1503. Millimeter wave spectrum (a) FCC proceeding Not later than 2 years after March 23, 2018, the Commission shall publish a notice of proposed rulemaking to consider service rules to author- ize mobile or fixed terrestrial wireless oper- ations, including for advanced mobile service operations, in the radio frequency band between 42000 and 42500 megahertz. (b) Considerations In conducting a rulemaking under subsection (a), the Commission shall— (1) consider how the band described in sub- section (a) may be used to provide commercial wireless broadband service, including wheth- er— (A) such spectrum may be best used for li- censed or unlicensed services, or some com- bination thereof; and (B) to permit additional licensed oper- ations in such band on a shared basis; and (2) include technical characteristics under which the band described in subsection (a) may be employed for mobile or fixed terres- trial wireless operations, including any appro- priate coexistence requirements. (c) Spectrum made available on and after Feb- ruary 11, 2016 Any spectrum that has been made available for licensed or unlicensed use on or after Feb- ruary 11, 2016, and that otherwise satisfies the requirements of section 1502 of this title may be counted towards the requirements of section 1502(a) of this title. (Pub. L. 115–141, div. P, title VI, § 604, Mar. 23, 2018, 132 Stat. 1099.) § 1504. Broadband infrastructure deployment (a) Definitions In this section: (1) Appropriate State agency The term ‘‘appropriate State agency’’ means a State governmental agency that is recog- nized by the executive branch of the State as having the experience necessary to evaluate and carry out projects relating to the proper and effective installation and operation of broadband infrastructure. (2) Broadband infrastructure The term ‘‘broadband infrastructure’’ means any buried, underground, or aerial facility, and any wireless or wireline connection, that enables users to send and receive voice, video, data, graphics, or any combination thereof. (3) Broadband infrastructure entity The term ‘‘broadband infrastructure entity’’ means any entity that— (A) installs, owns, or operates broadband infrastructure; and (B) provides broadband services in a man- ner consistent with the public interest, con- venience, and necessity, as determined by the State. (4) State The term ‘‘State’’ means— (A) a State; (B) the District of Columbia; and (C) the Commonwealth of Puerto Rico. (b) Broadband infrastructure deployment To facilitate the installation of broadband in- frastructure, the Secretary of Transportation shall promulgate regulations to ensure that each State that receives funds under chapter 1 of title 23 meets the following requirements: (1) Broadband consultation The State department of transportation, in consultation with appropriate State agencies, shall— (A) identify a broadband utility coordi- nator, that may have additional responsibil- ities, whether in the State department of transportation or in another State agency, that is responsible for facilitating the broadband infrastructure right-of-way ef- forts within the State; (B) establish a process for the registration of broadband infrastructure entities that seek to be included in those broadband infra- structure right-of-way facilitation efforts within the State; (C) establish a process to electronically notify broadband infrastructure entities identified under subparagraph (B) of the State transportation improvement program on an annual basis and provide additional notifications as necessary to achieve the goals of this section; and (D) coordinate initiatives carried out under this section with other statewide tele- communication and broadband plans and State and local transportation and land use plans, including strategies to minimize re- peated excavations that involve the installa- tion of broadband infrastructure in a right- of-way. (2) Priority If a State chooses to provide for the installa- tion of broadband infrastructure in the right- of-way of an applicable Federal-aid highway project under this subsection, the State de- partment of transportation shall carry out any appropriate measures to ensure that any existing broadband infrastructure entities are not disadvantaged, as compared to other broadband infrastructure entities, with re- spect to the program under this subsection. (c) Effect of section This section applies only to activities for which Federal obligations or expenditures are initially approved on or after the date regula- tions under subsection (b) become effective.