47 U.S.C. § 336 — Broadcast spectrum flexibility

Page 188 TITLE 47—TELECOMMUNICATIONS § 336 (i) provides the retransmission of the State public affairs networks of at least 15 different States; (ii) offers the programming of State pub- lic affairs networks upon reasonable prices, terms, and conditions as deter- mined by the Commission under paragraph (4); and (iii) does not delete any noncommercial programming of an educational or infor- mational nature in connection with the carriage of a State public affairs network. (D) The term ‘‘State public affairs net- work’’ means a non-commercial non-broad- cast network or a noncommercial edu- cational television station— (i) whose programming consists of infor- mation about State government delibera- tions and public policy events; and (ii) that is operated by— (I) a State government or subdivision thereof; (II) an organization described in sec- tion 501(c)(3) of title 26 that is exempt from taxation under section 501(a) of such title and that is governed by an independent board of directors; or (III) a cable system. (June 19, 1934, ch. 652, title III, § 335, as added Pub. L. 102–385, § 25(a), Oct. 5, 1992, 106 Stat. 1501; amended Pub. L. 111–175, title II, § 209, May 27, 2010, 124 Stat. 1254.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see section 609 of this title and Tables. AMENDMENTS 2010—Subsec. (b). Pub. L. 111–175, § 209(1), inserted ‘‘State public affairs,’’ after ‘‘educational,’’ in heading. Subsec. (b)(1). Pub. L. 111–175, § 209(2), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: ‘‘The Commission shall require, as a condition of any provision, initial authorization, or authorization renewal for a provider of direct broadcast satellite service providing video programming, that the provider of such service reserve a portion of its channel capacity, equal to not less than 4 percent nor more than 7 percent, exclusively for noncommercial pro- gramming of an educational or informational nature.’’ Subsec. (b)(5). Pub. L. 111–175, § 209(3), which directed substitution of ‘‘For purposes of this subsection:’’ for ‘‘For purposes of the subsection—’’, was executed by making the substitution for ‘‘For purposes of this sub- section—’’ in introductory provisions, to reflect the probable intent of Congress. Subsec. (b)(5)(C), (D). Pub. L. 111–175, § 209(4), added subpars. (C) and (D). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–175 effective Feb. 27, 2010, see section 307(a) of Pub. L. 111–175, set out as a note under section 111 of Title 17, Copyrights. EFFECTIVE DATE Section effective 60 days after Oct. 5, 1992, see section 28 of Pub. L. 102–385, set out as an Effective Date of 1992 Amendment note under section 325 of this title. § 336. Broadcast spectrum flexibility (a) Commission action If the Commission determines to issue addi- tional licenses for advanced television services, the Commission— (1) should limit the initial eligibility for such licenses to persons that, as of the date of such issuance, are licensed to operate a tele- vision broadcast station or hold a permit to construct such a station (or both); and (2) shall adopt regulations that allow the holders of such licenses to offer such ancillary or supplementary services on designated fre- quencies as may be consistent with the public interest, convenience, and necessity. (b) Contents of regulations In prescribing the regulations required by sub- section (a), the Commission shall— (1) only permit such licensee or permittee to offer ancillary or supplementary services if the use of a designated frequency for such services is consistent with the technology or method designated by the Commission for the provision of advanced television services; (2) limit the broadcasting of ancillary or supplementary services on designated fre- quencies so as to avoid derogation of any ad- vanced television services, including high defi- nition television broadcasts, that the Commis- sion may require using such frequencies; (3) apply to any other ancillary or supple- mentary service such of the Commission’s reg- ulations as are applicable to the offering of analogous services by any other person, except that no ancillary or supplementary service shall have any rights to carriage under section 534 or 535 of this title or be deemed a multi- channel video programming distributor for purposes of section 548 of this title; (4) adopt such technical and other require- ments as may be necessary or appropriate to assure the quality of the signal used to provide advanced television services, and may adopt regulations that stipulate the minimum num- ber of hours per day that such signal must be transmitted; and (5) prescribe such other regulations as may be necessary for the protection of the public interest, convenience, and necessity. (c) Recovery of license If the Commission grants a license for ad- vanced television services to a person that, as of the date of such issuance, is licensed to operate a television broadcast station or holds a permit to construct such a station (or both), the Com- mission shall, as a condition of such license, re- quire that either the additional license or the original license held by the licensee be surren- dered to the Commission for reallocation or re- assignment (or both) pursuant to Commission regulation. (d) Public interest requirement Nothing in this section shall be construed as relieving a television broadcasting station from its obligation to serve the public interest, con- venience, and necessity. In the Commission’s re- view of any application for renewal of a broad- cast license for a television station that pro- Page 189 TITLE 47—TELECOMMUNICATIONS § 336 vides ancillary or supplementary services, the television licensee shall establish that all of its program services on the existing or advanced television spectrum are in the public interest. Any violation of the Commission rules applica- ble to ancillary or supplementary services shall reflect upon the licensee’s qualifications for re- newal of its license. (e) Fees (1) Services to which fees apply If the regulations prescribed pursuant to subsection (a) permit a licensee to offer ancil- lary or supplementary services on a des- ignated frequency— (A) for which the payment of a subscrip- tion fee is required in order to receive such services, or (B) for which the licensee directly or indi- rectly receives compensation from a third party in return for transmitting material furnished by such third party (other than commercial advertisements used to support broadcasting for which a subscription fee is not required), the Commission shall establish a program to assess and collect from the licensee for such designated frequency an annual fee or other schedule or method of payment that promotes the objectives described in subparagraphs (A) and (B) of paragraph (2). (2) Collection of fees The program required by paragraph (1) shall— (A) be designed (i) to recover for the public a portion of the value of the public spectrum resource made available for such commer- cial use, and (ii) to avoid unjust enrichment through the method employed to permit such uses of that resource; (B) recover for the public an amount that, to the extent feasible, equals but does not exceed (over the term of the license) the amount that would have been recovered had such services been licensed pursuant to the provisions of section 309(j) of this title and the Commission’s regulations thereunder; and (C) be adjusted by the Commission from time to time in order to continue to comply with the requirements of this paragraph. (3) Treatment of revenues (A) General rule Except as provided in subparagraph (B), all proceeds obtained pursuant to the regula- tions required by this subsection shall be de- posited in the Treasury in accordance with chapter 33 of title 31. (B) Retention of revenues Notwithstanding subparagraph (A), the salaries and expenses account of the Com- mission shall retain as an offsetting collec- tion such sums as may be necessary from such proceeds for the costs of developing and implementing the program required by this section and regulating and supervising ad- vanced television services. Such offsetting collections shall be available for obligation subject to the terms and conditions of the receiving appropriations account, and shall be deposited in such accounts on a quarterly basis. (4) Report The Commission shall annually advise the Congress on the amounts collected pursuant to the program required by this subsection. (f) Preservation of low-power community tele- vision broadcasting (1) Creation of class A licenses (A) Rulemaking required Within 120 days after November 29, 1999, the Commission shall prescribe regulations to establish a class A television license to be available to licensees of qualifying low- power television stations. Such regulations shall provide that— (i) the license shall be subject to the same license terms and renewal standards as the licenses for full-power television stations except as provided in this sub- section; and (ii) each such class A licensee shall be accorded primary status as a television broadcaster as long as the station con- tinues to meet the requirements for a qualifying low-power station in paragraph (2). (B) Notice to and certification by licensees Within 30 days after November 29, 1999, the Commission shall send a notice to the li- censees of all low-power television licenses that describes the requirements for class A designation. Within 60 days after November 29, 1999, licensees intending to seek class A designation shall submit to the Commission a certification of eligibility based on the qualification requirements of this sub- section. Absent a material deficiency, the Commission shall grant certification of eli- gibility to apply for class A status. (C) Application for and award of licenses Consistent with the requirements set forth in paragraph (2)(A) of this subsection, a li- censee may submit an application for class A designation under this paragraph within 30 days after final regulations are adopted under subparagraph (A) of this paragraph. Except as provided in paragraphs (6) and (7), the Commission shall, within 30 days after receipt of an application of a licensee of a qualifying low-power television station that is acceptable for filing, award such a class A television station license to such licensee. (D) Resolution of technical problems The Commission shall act to preserve the service areas of low-power television licens- ees pending the final resolution of a class A application. If, after granting certification of eligibility for a class A license, technical problems arise requiring an engineering so- lution to a full-power station’s allotted pa- rameters or channel assignment in the dig- ital television Table of Allotments, the Com- mission shall make such modifications as necessary— Page 190 TITLE 47—TELECOMMUNICATIONS § 336 (i) to ensure replication of the full-power digital television applicant’s service area, as provided for in sections 73.622 and 73.623 of the Commission’s regulations (47 CFR 73.622, 73.623); and (ii) to permit maximization of a full- power digital television applicant’s service area consistent with such sections 73.622 and 73.623, if such applicant has filed an application for maximization or a notice of its intent to seek such maximization by December 31, 1999, and filed a bona fide application for maximization by May 1, 2000. Any such ap- plicant shall comply with all applicable Commission rules regarding the construc- tion of digital television facilities. (E) Change applications If a station that is awarded a construction permit to maximize or significantly enhance its digital television service area, later files a change application to reduce its digital television service area, the protected con- tour of that station shall be reduced in ac- cordance with such change modification. (2) Qualifying low-power television stations For purposes of this subsection, a station is a qualifying low-power television station if— (A)(i) during the 90 days preceding Novem- ber 29, 1999— (I) such station broadcast a minimum of 18 hours per day; (II) such station broadcast an average of at least 3 hours per week of programming that was produced within the market area served by such station, or the market area served by a group of commonly controlled low-power stations that carry common local programming produced within the market area served by such group; and (III) such station was in compliance with the Commission’s requirements applicable to low-power television stations; and (ii) from and after the date of its applica- tion for a class A license, the station is in compliance with the Commission’s operating rules for full-power television stations; or (B) the Commission determines that the public interest, convenience, and necessity would be served by treating the station as a qualifying low-power television station for purposes of this section, or for other reasons determined by the Commission. (3) Common ownership No low-power television station authorized as of November 29, 1999, shall be disqualified for a class A license based on common owner- ship with any other medium of mass commu- nication. (4) Issuance of licenses for advanced television services to television translator stations and qualifying low-power television sta- tions The Commission is not required to issue any additional license for advanced television services to the licensee of a class A television station under this subsection, or to any li- censee of any television translator station, but shall accept a license application for such services proposing facilities that will not cause interference to the service area of any other broadcast facility applied for, protected, permitted, or authorized on the date of filing of the advanced television application. Such new license or the original license of the appli- cant shall be forfeited after the end of the dig- ital television service transition period, as de- termined by the Commission. A licensee of a low-power television station or television translator station may, at the option of li- censee, elect to convert to the provision of ad- vanced television services on its analog chan- nel, but shall not be required to convert to digital operation until the end of such transi- tion period. (5) No preemption of section 337 Nothing in this subsection preempts or oth- erwise affects section 337 of this title. (6) Interim qualification (A) Stations operating within certain band- width The Commission may not grant a class A license to a low-power television station for operation between 698 and 806 megahertz, but the Commission shall provide to low- power television stations assigned to and temporarily operating in that bandwidth the opportunity to meet the qualification re- quirements for a class A license. If such a qualified applicant for a class A license is as- signed a channel within the core spectrum (as such term is defined in MM Docket No. 87–286, February 17, 1998), the Commission shall issue a class A license simultaneously with the assignment of such channel. (B) Certain channels off-limits The Commission may not grant under this subsection a class A license to a low-power television station operating on a channel within the core spectrum that includes any of the 175 additional channels referenced in paragraph 45 of its February 23, 1998, Memo- randum Opinion and Order on Reconsider- ation of the Sixth Report and Order (MM Docket No. 87–268). Within 18 months after November 29, 1999, the Commission shall identify by channel, location, and applicable technical parameters those 175 channels. (7) No interference requirement The Commission may not grant a class A li- cense, nor approve a modification of a class A license, unless the applicant or licensee shows that the class A station for which the license or modification is sought will not cause— (A) interference within— (i) the predicted Grade B contour (as of the date of the enactment of the Commu- nity Broadcasters Protection Act of 1999 [November 29, 1999], or November 1, 1999, whichever is later, or as proposed in a change application filed on or before such date) of any television station transmit- ting in analog format; or (ii)(I) the digital television service areas provided in the DTV Table of Allotments; Page 191 TITLE 47—TELECOMMUNICATIONS § 336 1 See References in Text note below. (II) the areas protected in the Commis- sion’s digital television regulations (47 CFR 73.622(e) and (f)); (III) the digital tele- vision service areas of stations subse- quently granted by the Commission prior to the filing of a class A application; and (IV) stations seeking to maximize power under the Commission’s rules, if such sta- tion has complied with the notification re- quirements in paragraph (1)(D); (B) interference within the protected con- tour of any low-power television station or low-power television translator station that— (i) was licensed prior to the date on which the application for a class A license, or for the modification of such a license, was filed; (ii) was authorized by construction per- mit prior to such date; or (iii) had a pending application that was submitted prior to such date; or (C) interference within the protected con- tour of 80 miles from the geographic center of the areas listed in section 22.625(b)(1) or 90.303 of the Commission’s regulations (47 CFR 22.625(b)(1) and 90.303) for frequencies in— (i) the 470–512 megahertz band identified in section 22.621 or 90.303 of such regula- tions; or (ii) the 482–488 megahertz band in New York. (8) Priority for displaced low-power stations Low-power stations that are displaced by an application filed under this section shall have priority over other low-power stations in the assignment of available channels. (g) Evaluation Within 10 years after the date the Commission first issues additional licenses for advanced tele- vision services, the Commission shall conduct an evaluation of the advanced television serv- ices program. Such evaluation shall include— (1) an assessment of the willingness of con- sumers to purchase the television receivers necessary to receive broadcasts of advanced television services; (2) an assessment of alternative uses, includ- ing public safety use, of the frequencies used for such broadcasts; and (3) the extent to which the Commission has been or will be able to reduce the amount of spectrum assigned to licensees. (h) Provision of digital data service by low- power television stations (1) Within 60 days after receiving a request (made in such form and manner and containing such information as the Commission may re- quire) under this subsection from a low-power television station to which this subsection ap- plies, the Commission shall authorize the li- censee or permittee of that station to provide digital data service subject to the requirements of this subsection as a pilot project to dem- onstrate the feasibility of using low-power tele- vision stations to provide high-speed wireless digital data service, including Internet access to unserved areas. (2) The low-power television stations to which this subsection applies are as follows: (A) KHLM–LP, Houston, Texas. (B) WTAM–LP, Tampa, Florida. (C) WWRJ–LP, Jacksonville, Florida. (D) WVBG–LP, Albany, New York. (E) KHHI–LP, Honolulu, Hawaii. (F) KPHE–LP (K19DD), Phoenix, Arizona. (G) K34FI, Bozeman, Montana. (H) K65GZ, Bozeman, Montana. (I) WXOB–LP, Richmond, Virginia. (J) WIIW–LP, Nashville, Tennessee. (K) A station and repeaters to be determined by the Federal Communications Commission for the sole purpose of providing service to communities in the Kenai Peninsula Borough and Matanuska Susitna Borough. (L) WSPY–LP, Plano, Illinois. (M) W24AJ, Aurora, Illinois. (3) Notwithstanding any requirement of sec- tion 553 of title 5, the Commission shall promul- gate regulations establishing the procedures, consistent with the requirements of paragraphs (4) and (5), governing the pilot projects for the provision of digital data services by certain low power television licensees within 120 days after the date of enactment of LPTV Digital Data Services Act.1 The regulations shall set forth— (A) requirements as to the form, manner, and information required for submitting re- quests to the Commission to provide digital data service as a pilot project; (B) procedures for testing interference to digital television receivers caused by any pilot project station or remote transmitter; (C) procedures for terminating any pilot project station or remote transmitter or both that causes interference to any analog or dig- ital full-power television stations, class A tel- evision station, television translators or any other users of the core television band; (D) specifications for reports to be filed quarterly by each low power television li- censee participating in a pilot project; (E) procedures by which a low power tele- vision licensee participating in a pilot project shall notify television broadcast stations in the same market upon commencement of dig- ital data services and for ongoing coordination with local broadcasters during the test period; and (F) procedures for the receipt and review of interference complaints on an expedited basis consistent with paragraph (5)(D). (4) A low-power television station to which this subsection applies may not provide digital data service unless— (A) the provision of that service, including any remote return-path transmission in the case of 2-way digital data service, does not cause any interference in violation of the Commission’s existing rules, regarding inter- ference caused by low power television sta- tions to full-service analog or digital tele- vision stations, class A television stations, or television translator stations; and (B) the station complies with the Commis- sion’s regulations governing safety, environ- Page 192 TITLE 47—TELECOMMUNICATIONS § 336 mental, and sound engineering practices, and any other Commission regulation under para- graph (3) governing pilot program operations. (5)(A) The Commission may limit the provi- sion of digital data service by a low-power tele- vision station to which this subsection applies if the Commission finds that— (i) the provision of 2-way digital data service by that station causes any interference that cannot otherwise be remedied; or (ii) the provision of 1-way digital data serv- ice by that station causes any interference. (B) The Commission shall grant any such sta- tion, upon application (made in such form and manner and containing such information as the Commission may require) by the licensee or per- mittee of that station, authority to move the station to another location, to modify its facili- ties to operate on a different channel, or to use booster or auxiliary transmitting locations, if the grant of authority will not cause inter- ference to the allowable or protected service areas of full service digital television stations, National Television Standards Committee as- signments, or television translator stations, and provided, however, no such authority shall be granted unless it is consistent with existing Commission regulations relating to the move- ment, modification, and use of non-class A low power television transmission facilities in order— (i) to operate within television channels 2 through 51, inclusive; or (ii) to demonstrate the utility of low-power television stations to provide high-speed 2-way wireless digital data service. (C) The Commission shall require quarterly re- ports from each station authorized to provide digital data services under this subsection that include— (i) information on the station’s experience with interference complaints and the resolu- tion thereof; (ii) information on the station’s market suc- cess in providing digital data service; and (iii) such other information as the Commis- sion may require in order to administer this subsection. (D) The Commission shall resolve any com- plaints of interference with television reception caused by any station providing digital data service authorized under this subsection within 60 days after the complaint is received by the Commission. (6) The Commission shall assess and collect from any low-power television station author- ized to provide digital data service under this subsection an annual fee or other schedule or method of payment comparable to any fee im- posed under the authority of this chapter on providers of similar services. Amounts received by the Commission under this paragraph may be retained by the Commission as an offsetting col- lection to the extent necessary to cover the costs of developing and implementing the pilot program authorized by this subsection, and reg- ulating and supervising the provision of digital data service by low-power television stations under this subsection. Amounts received by the Commission under this paragraph in excess of any amount retained under the preceding sen- tence shall be deposited in the Treasury in ac- cordance with chapter 33 of title 31. (7) In this subsection, the term ‘‘digital data service’’ includes— (A) digitally-based interactive broadcast service; and (B) wireless Internet access, without regard to— (i) whether such access is— (I) provided on a one-way or a two-way basis; (II) portable or fixed; or (III) connected to the Internet via a band allocated to Interactive Video and Data Service; and (ii) the technology employed in delivering such service, including the delivery of such service via multiple transmitters at mul- tiple locations. (8) Nothing in this subsection limits the au- thority of the Commission under any other pro- vision of law. (i) Definitions As used in this section: (1) Advanced television services The term ‘‘advanced television services’’ means television services provided using dig- ital or other advanced technology as further defined in the opinion, report, and order of the Commission entitled ‘‘Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service’’, MM Docket 87–268, adopted September 17, 1992, and suc- cessor proceedings. (2) Designated frequencies The term ‘‘designated frequency’’ means each of the frequencies designated by the Com- mission for licenses for advanced television services. (3) High definition television The term ‘‘high definition television’’ refers to systems that offer approximately twice the vertical and horizontal resolution of receivers generally available on February 8, 1996, as fur- ther defined in the proceedings described in paragraph (1) of this subsection. (June 19, 1934, ch. 652, title III, § 336, as added Pub. L. 104–104, title II, § 201, Feb. 8, 1996, 110 Stat. 107; Pub. L. 106–113, div. B, § 1000(a)(9) [title V, § 5008(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–595; Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 143(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–235; Pub. L. 115–141, div. P, title IV, § 402(i)(6), Mar. 23, 2018, 132 Stat. 1090.) Editorial Notes REFERENCES IN TEXT The date of enactment of LPTV Digital Data Services Act, referred to in subsec. (h)(3), probably means the date of enactment of Pub. L. 106–554, which enacted subsec. (h) of this section, and which was approved Dec. 21, 2000. There is no public law with that short title. This chapter, referred to in subsec. (h)(6), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, Page 193 TITLE 47—TELECOMMUNICATIONS § 336 which is classified principally to this chapter. For com- plete classification of this Act to the Code, see section 609 of this title and Tables. AMENDMENTS 2018—Subsec. (e)(4). Pub. L. 115–141 amended par. (4) generally. Prior to amendment, text read as follows: ‘‘Within 5 years after February 8, 1996, the Commission shall report to the Congress on the implementation of the program required by this subsection, and shall an- nually thereafter advise the Congress on the amounts collected pursuant to such program.’’ 2000—Subsecs. (h), (i). Pub. L. 106–554 added subsec. (h) and redesignated former subsec. (h) as (i). 1999—Subsecs. (f) to (h). Pub. L. 106–113 added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively. Statutory Notes and Related Subsidiaries LOW POWER PROTECTION Pub. L. 117–344, Jan. 5, 2023, 136 Stat. 6193, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Low Power Protection Act’. ‘‘SEC. 2. LOW POWER TV STATIONS. ‘‘(a) DEFINITIONS.—In this section— ‘‘(1) the term ‘Commission’ means the Federal Com- munications Commission; ‘‘(2) the term ‘Designated Market Area’ means— ‘‘(A) a Designated Market Area determined by Nielsen Media Research or any successor entity; or ‘‘(B) a Designated Market Area under a system of dividing television broadcast station licensees into local markets using a system that the Commission determines is equivalent to the system established by Nielsen Media Research; and ‘‘(3) the term ‘low power TV station’ has the mean- ing given the term ‘digital low power TV station’ in section 74.701 of title 47, Code of Federal Regulations, or any successor regulation. ‘‘(b) PURPOSE.—The purpose of this section is to pro- vide low power TV stations with a limited window of opportunity to apply for the opportunity to be accorded primary status as Class A television licensees. ‘‘(c) RULEMAKING.— ‘‘(1) IN GENERAL.—Not later than 90 days after the date of enactment of this Act [Jan. 5, 2023], the Com- mission shall issue a notice of proposed rulemaking to issue a rule that contains the requirements de- scribed in this subsection. ‘‘(2) REQUIREMENTS.— ‘‘(A) IN GENERAL.—The rule with respect to which the Commission is required to issue notice under paragraph (1) shall provide that, during the 1-year period beginning on the date on which that rule takes effect, a low power TV station may apply to the Commission to be accorded primary status as a Class A television licensee under section 73.6001 of title 47, Code of Federal Regulations, or any suc- cessor regulation. ‘‘(B) CONSIDERATIONS.—The Commission may ap- prove an application submitted under subparagraph (A) if the low power TV station submitting the ap- plication— ‘‘(i) satisfies— ‘‘(I) section 336(f)(2) of the Communications Act of 1934 (47 U.S.C. 336(f)(2)) and the rules issued under that section, including the require- ments under such section 336(f)(2) with respect to locally produced programming, except that, for the purposes of this subclause, the period de- scribed in the matter preceding subclause (I) of subparagraph (A)(i) of such section 336(f)(2) shall be construed to be the 90-day period pre- ceding the date of enactment of this Act; and ‘‘(II) paragraphs (b), (c), and (d) of 73.6001 of title 47, Code of Federal Regulations, or any successor regulation; ‘‘(ii) demonstrates to the Commission that the Class A station for which the license is sought will not cause any interference described in sec- tion 336(f)(7) of the Communications Act of 1934 (47 U.S.C. 336(f)(7)); and ‘‘(iii) as of the date of enactment of this Act, operates in a Designated Market Area with not more than 95,000 television households. ‘‘(3) APPLICABILITY OF LICENSE.—A license that ac- cords primary status as a Class A television licensee to a low power TV station as a result of the rule with respect to which the Commission is required to issue notice under paragraph (1) shall— ‘‘(A) be subject to the same license terms and re- newal standards as a license for a full power tele- vision broadcast station, except as otherwise ex- pressly provided in this subsection; and ‘‘(B) require the low power TV station to remain in compliance with paragraph (2)(B) during the term of the license. ‘‘(d) REPORTING.—Not later than 1 year after the date of enactment of this Act [Jan. 5, 2023], the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representa- tives a report regarding the implementation of this sec- tion, which shall include— ‘‘(1) a list of the current, as of the date on which the report is submitted, licensees that have been ac- corded primary status as Class A television licensees; and ‘‘(2) of the licensees described in paragraph (1), an identification of each such licensee that has been ac- corded the status described in that paragraph because of the implementation of this section. ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section may be construed to affect a decision of the Commis- sion relating to completion of the transition, reloca- tion, or reimbursement of entities as a result of the systems of competitive bidding conducted pursuant to title VI of the Middle Class Tax Relief and Job Creation Act of 2012 [Pub. L. 112–96] (47 U.S.C. 1401 et seq.), and the amendments made by that title [enacting section 929 of this title and amending sections 309, 337, 614, 902, 923, 928, and 942 of this title], that are collectively com- monly referred to as the ‘Television Broadcast Incen- tive Auction’.’’ TRANSITION TO DIGITAL TELEVISION Pub. L. 107–188, title V, § 531, June 12, 2002, 116 Stat. 695, provided that: ‘‘(a) PAIR ASSIGNMENT REQUIRED.—In order to further promote the orderly transition to digital television, and to promote the equitable allocation and use of dig- ital channels by television broadcast permittees and li- censees, the Federal Communications Commission, at the request of an eligible licensee or permittee, shall, within 90 days after the date of enactment of this Act [June 12, 2002], allot, if necessary, and assign a paired digital television channel to that licensee or permittee, provided that— ‘‘(1) such channel can be allotted and assigned with- out further modification of the tables of allotments as set forth in sections 73.606 and 73.622 of the Com- mission’s regulations (47 CFR 73.606, 73.622); and ‘‘(2) such allotment and assignment is otherwise consistent with the Commission’s rules (47 CFR part 73). ‘‘(b) ELIGIBLE TRANSITION LICENSEE OR PERMITTEE.— For purposes of subsection (a), the term ‘eligible li- censee or permittee’ means only a full power television broadcast licensee or permittee (or its successor in in- terest) that— ‘‘(1) had an application pending for an analog tele- vision station construction permit as of October 24, 1991, which application was granted after April 3, 1997; and ‘‘(2) as of the date of enactment of this Act [June 12, 2002], is the permittee or licensee of that station. ‘‘(c) REQUIREMENTS ON LICENSEE OR PERMITTEE.— Page 194 TITLE 47—TELECOMMUNICATIONS § 337 ‘‘(1) CONSTRUCTION DEADLINE.—Any licensee or per- mittee receiving a paired digital channel pursuant to this section— ‘‘(A) shall be required to construct the digital tel- evision broadcast facility within 18 months of the date on which the Federal Communications Com- mission issues a construction permit therefore, and ‘‘(B) shall be prohibited from obtaining or receiv- ing an extension of time from the Commission be- yond the construction deadline established by para- graph (1). ‘‘(2) PROHIBITION OF ANALOG OPERATION USING DIG- ITAL PAIR.—Any licensee or permittee receiving a paired digital channel pursuant to this section shall be prohibited from giving up its current paired analog assignment and becoming a single-channel broad- caster and operating in analog on such paired digital channel. ‘‘(d) RELIEF RESTRICTED.—Any paired digital allot- ment and assignment made under this section shall not be available to any other applicant unless such appli- cant is an eligible licensee or permittee within the meaning of subsection (b).’’ REPORTS ON PROVISION OF DIGITAL DATA SERVICE BY LOW-POWER TELEVISION STATIONS Pub. L. 106–554, § 1(a)(4) [div. B, title I, § 143(b)], Dec. 21, 2000, 114 Stat. 2763, 2763A–238, provided that: ‘‘The Federal Communications Commission shall submit a report to the Congress on June 30, 2001, and June 30, 2002, evaluating the utility of using low-power tele- vision stations to provide high-speed digital data serv- ice. The reports shall be based on the pilot projects au- thorized by section 336(h) of the Communications Act of 1934 (47 U.S.C. 336(h)).’’ CONGRESSIONAL FINDINGS REGARDING LOW-POWER BROADCASTERS Pub. L. 106–113, div. B, § 1000(a)(9) [title V, § 5008(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–594, provided that: ‘‘Congress finds the following: ‘‘(1) Since the creation of low-power television li- censes by the Federal Communications Commission, a small number of license holders have operated their stations in a manner beneficial to the public good providing broadcasting to their communities that would not otherwise be available. ‘‘(2) These low-power broadcasters have operated their stations in a manner consistent with the pro- gramming objectives and hours of operation of full- power broadcasters providing worthwhile services to their respective communities while under severe li- cense limitations compared to their full-power coun- terparts. ‘‘(3) License limitations, particularly the tem- porary nature of the license, have blocked many low- power broadcasters from having access to capital, and have severely hampered their ability to continue to provide quality broadcasting, programming, or im- provements. ‘‘(4) The passage of the Telecommunications Act of 1996 [Pub. L. 104–104, see Short Title of 1996 Amend- ment note set out under section 609 of this title] has added to the uncertainty of the future status of these stations by the lack of specific provisions regarding the permanency of their licenses, or their treatment during the transition to high definition, digital tele- vision. ‘‘(5) It is in the public interest to promote diversity in television programming such as that currently provided by low-power television stations to foreign- language communities.’’ Executive Documents EXECUTIVE ORDER NO. 13038 Ex. Ord. No. 13038, Mar. 11, 1997, 62 F.R. 12065, as amended by Ex. Ord. No. 13062, § 5, Sept. 29, 1997, 62 F.R. 51756; Ex. Ord. No. 13065, Oct. 22, 1997, 62 F.R. 55329; Ex. Ord. No. 13081, Apr. 30, 1998, 63 F.R. 24385; Ex. Ord. No. 13102, Sept. 25, 1998, 63 F.R. 52125, which established the Advisory Committee on the Public Interest Obligations of Digital Television Broadcasters, was revoked by Ex. Ord. No. 13138, § 3(b), Sept. 30, 1999, 64 F.R. 53880, for- merly set out as a note under section 1013 of Title 5, Government Organization and Employees. § 337. Allocation and assignment of new public safety services licenses and commercial li- censes (a) In general Not later than January 1, 1998, the Commis- sion shall allocate the electromagnetic spec- trum between 746 megahertz and 806 megahertz, inclusive, as follows: (1) 34 megahertz of that spectrum for public safety services according to the terms and conditions established by the Commission, in consultation with the Secretary of Commerce and the Attorney General; and (2) 26 megahertz of that spectrum for com- mercial use to be assigned by competitive bid- ding pursuant to section 309(j) of this title. (b) Assignment The Commission shall commence assignment of licenses for public safety services created pur- suant to subsection (a) no later than September 30, 1998. (c) Licensing of unused frequencies for public safety services (1) Use of unused channels for public safety services Upon application by an entity seeking to provide public safety services, the Commission shall waive any requirement of this chapter or its regulations implementing this chapter (other than its regulations regarding harmful interference) to the extent necessary to per- mit the use of unassigned frequencies for the provision of public safety services by such en- tity. An application shall be granted under this subsection if the Commission finds that— (A) no other spectrum allocated to public safety services is immediately available to satisfy the requested public safety service use; (B) the requested use is technically fea- sible without causing harmful interference to other spectrum users entitled to protec- tion from such interference under the Com- mission’s regulations; (C) the use of the unassigned frequency for the provision of public safety services is con- sistent with other allocations for the provi- sion of such services in the geographic area for which the application is made; (D) the unassigned frequency was allocated for its present use not less than 2 years prior to the date on which the application is granted; and (E) granting such application is consistent with the public interest. (2) Applicability Paragraph (1) shall apply to any application to provide public safety services that is pend- ing or filed on or after August 5, 1997. (d) Conditions on licenses In establishing service rules with respect to li- censes granted pursuant to this section, the Commission—