47 U.S.C. § 1502 — Identifying 255 megahertz

Page 454 TITLE 47—TELECOMMUNICATIONS § 1502 (5) OMB The term ‘‘OMB’’ means the Office of Man- agement and Budget. (6) Secretary The term ‘‘Secretary’’ means the Secretary of Commerce. (Pub. L. 115–141, div. P, title VI, § 602, Mar. 23, 2018, 132 Stat. 1097.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title VI of div. P of Pub. L. 115–141, Mar. 23, 2018, 132 Stat. 1097, which is classified principally to this chapter. For complete classification of title VI to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 115–141, div. P, title VI, § 601, Mar. 23, 2018, 132 Stat. 1097, provided that: ‘‘This title [enacting this chapter, amending sections 928 and 1455 of this title, en- acting provisions set out as notes under section 1455 of this title, and enacting and amending provisions set out as as notes under section 1303 of Title 40, Public Buildings, Property, and Works] may be cited as the ‘Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless Act’ or the ‘MOBILE NOW Act’.’’ § 1502. Identifying 255 megahertz (a) Requirements (1) In general Not later than December 31, 2022, the Sec- retary, working through the NTIA, and the Commission shall identify a total of at least 255 megahertz of Federal and non-Federal spectrum for mobile and fixed wireless broadband use. (2) Unlicensed and licensed use Of the spectrum identified under paragraph (1), not less than— (A) 100 megahertz below the frequency of 8000 megahertz shall be identified for use on an unlicensed basis; (B) 100 megahertz below the frequency of 6000 megahertz shall be identified for use on an exclusive, licensed basis for commercial mobile use, pursuant to the Commission’s authority to implement such licensing in a flexible manner, and subject to potential continued use of such spectrum by incum- bent Federal entities in designated geo- graphic areas indefinitely or for such length of time stipulated in transition plans ap- proved by the Technical Panel under section 923(h) of this title for those incumbent enti- ties to be relocated to alternate spectrum; and (C) 55 megahertz below the frequency of 8000 megahertz shall be identified for use on either a licensed or unlicensed basis, or a combination of licensed and unlicensed. (3) Non-eligible spectrum For purposes of satisfying the requirement under paragraph (1), the following spectrum shall not be counted: (A) The frequencies between 1695 and 1710 megahertz. (B) The frequencies between 1755 and 1780 megahertz. (C) The frequencies between 2155 and 2180 megahertz. (D) The frequencies between 3550 and 3700 megahertz. (E) Spectrum that the Commission deter- mines had more than de minimis mobile or fixed wireless broadband operations within the band on the day before March 23, 2018. (4) Treatment of certain other spectrum Spectrum identified pursuant to this section may include eligible spectrum, if any, identi- fied after March 23, 2018, pursuant to title X of the Bipartisan Budget Act of 2015 (Public Law 114–74). (5) Spectrum made available on and after Feb- ruary 11, 2016 Any spectrum that has been made available for licensed or unlicensed use on and after February 11, 2016, and that otherwise satisfies the requirements of this section may be count- ed towards the requirements of this sub- section. (6) Relocation prioritized over sharing This section shall be carried out in accord- ance with section 923(j) of this title. (7) Considerations In identifying spectrum for use under this section, the Secretary, working through the NTIA, and Commission shall consider— (A) the need to preserve critical existing and planned Federal Government capabili- ties; (B) the impact on existing State, local, and tribal government capabilities; (C) the international implications; (D) the need for appropriate enforcement mechanisms and authorities; and (E) the importance of the deployment of wireless broadband services in rural areas of the United States. (b) Rules of construction Nothing in this section shall be construed— (1) to impair or otherwise affect the func- tions of the Director of OMB relating to budg- etary, administrative, or legislative proposals; (2) to require the disclosure of classified in- formation, law enforcement sensitive informa- tion, or other information that must be pro- tected in the interest of national security; or (3) to affect any requirement under section 156 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 note), as added by section 1062(a) of the National Defense Authorization Act for Fiscal Year 2000, or any other relevant statu- tory requirement applicable to the realloca- tion of Federal spectrum. (Pub. L. 115–141, div. P, title VI, § 603, Mar. 23, 2018, 132 Stat. 1098.) Editorial Notes REFERENCES IN TEXT The Bipartisan Budget Act of 2015, referred to in sub- sec. (a)(4), is Pub. L. 114–74, Nov. 2, 2015, 129 Stat. 584. 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.