47 U.S.C. § 926 — Untitled legal text

Page 393 TITLE 47—TELECOMMUNICATIONS § 926 Statutory Notes and Related Subsidiaries ACCELERATED AVAILABILITY FOR AUCTION OF 1,710–1,755 MEGAHERTZ FROM INITIAL REALLOCATION REPORT Pub. L. 105–33, title III, § 3002(b), Aug. 5, 1997, 111 Stat. 260, provided that: ‘‘The band of frequencies located at 1,710–1,755 megahertz identified in the initial realloca- tion report under section 113(a) of the National Tele- communications and Information Administration Act (47 U.S.C. 923(a)) shall, notwithstanding the timetable recommended under section 113(e) of such Act and sec- tion 115(b)(1) of such Act [47 U.S.C. 925(b)(1)], be avail- able in accordance with this subsection for assignment for commercial use. The Commission shall assign li- censes for such use by competitive bidding commenced after January 1, 2001, pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)).’’ COMMISSION OBLIGATION TO MAKE ADDITIONAL SPECTRUM AVAILABLE BY AUCTION Pub. L. 105–33, title III, § 3002(c), Aug. 5, 1997, 111 Stat. 261, provided that: ‘‘(1) IN GENERAL.—The Commission shall complete all actions necessary to permit the assignment by Sep- tember 30, 2002, by competitive bidding pursuant to sec- tion 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), of licenses for the use of bands of frequencies that— ‘‘(A) in the aggregate span not less than 55 mega- hertz; ‘‘(B) are located below 3 gigahertz; ‘‘(C) have not, as of the date of enactment of this Act [Aug. 5, 1997]— ‘‘(i) been designated by Commission regulation for assignment pursuant to such section; ‘‘(ii) been identified by the Secretary of Com- merce pursuant to section 113 of the National Tele- communications and Information Administration Organization Act (47 U.S.C. 923); ‘‘(iii) been allocated for Federal Government use pursuant to section 305 of the Communications Act of 1934 (47 U.S.C. 305); ‘‘(iv) been designated for reallocation under sec- tion 337 of the Communications Act of 1934 [47 U.S.C. 337] (as added by this Act); or ‘‘(v) been allocated or authorized for unlicensed use pursuant to part 15 of the Commission’s regula- tions (47 C.F.R. Part 15), if the operation of services licensed pursuant to competitive bidding would interfere with operation of end-user products per- mitted under such regulations; ‘‘(D) include frequencies at 2,110–2,150 megahertz; and ‘‘(E) include 15 megahertz from within the bands of frequencies at 1,990–2,110 megahertz. ‘‘(2) CRITERIA FOR REASSIGNMENT.—In making avail- able bands of frequencies for competitive bidding pur- suant to paragraph (1), the Commission shall— ‘‘(A) seek to promote the most efficient use of the electromagnetic spectrum; ‘‘(B) consider the cost of relocating existing uses to other bands of frequencies or other means of commu- nication; ‘‘(C) consider the needs of existing public safety radio services (as such services are described in sec- tion 309(j)(2)(A) of the Communications Act of 1934, as amended by this Act); ‘‘(D) comply with the requirements of international agreements concerning spectrum allocations; and ‘‘(E) coordinate with the Secretary of Commerce when there is any impact on Federal Government spectrum use. ‘‘(3) USE OF BANDS AT 2,110–2,150 MEGAHERTZ.—The Com- mission shall reallocate spectrum located at 2,110–2,150 megahertz for assignment by competitive bidding un- less the Commission determines that auction of other spectrum (A) better serves the public interest, conven- ience, and necessity, and (B) can reasonably be ex- pected to produce greater receipts. If the Commission makes such a determination, then the Commission shall, within 2 years after the date of enactment of this Act [Aug. 5, 1997], identify an alternative 40 megahertz, and report to the Congress an identification of such al- ternative 40 megahertz for assignment by competitive bidding. ‘‘(4) USE OF 15 MEGAHERTZ FROM BANDS AT 1,990–2,110 MEGAHERTZ.—The Commission shall reallocate 15 mega- hertz from spectrum located at 1,990–2,110 megahertz for assignment by competitive bidding unless the Presi- dent determines such spectrum cannot be reallocated due to the need to protect incumbent Federal systems from interference, and that allocation of other spec- trum (A) better serves the public interest, convenience, and necessity, and (B) can reasonably be expected to produce comparable receipts. If the President makes such a determination, then the President shall, within 2 years after the date of enactment of this Act, identify alternative bands of frequencies totalling 15 megahertz, and report to the Congress an identification of such al- ternative bands for assignment by competitive bidding. ‘‘(5) NOTIFICATION TO THE SECRETARY OF COMMERCE.— The Commission shall attempt to accommodate incum- bent licensees displaced under this section by relo- cating them to other frequencies available for alloca- tion by the Commission. The Commission shall notify the Secretary of Commerce whenever the Commission is not able to provide for the effective relocation of an incumbent licensee to a band of frequencies available to the Commission for assignment. The notification shall include— ‘‘(A) specific information on the incumbent li- censee; ‘‘(B) the bands the Commission considered for relo- cation of the licensee; ‘‘(C) the reasons the licensee cannot be accommo- dated in such bands; and ‘‘(D) the bands of frequencies identified by the Com- mission that are— ‘‘(i) suitable for the relocation of such licensee; and ‘‘(ii) allocated for Federal Government use, but that could be reallocated pursuant to part B of the National Telecommunications and Information Ad- ministration Organization Act (as amended by this Act) [part B (§§ 131–135) of title I of Pub. L. 102–538, see Tables for classification].’’ § 926. Authority to recover reassigned fre- quencies (a) Authority of President Subsequent to the withdrawal of assignment to Federal Government stations pursuant to sec- tion 924 of this title, the President may reclaim reassigned frequencies for reassignment to Fed- eral Government stations in accordance with this section. (b) Procedure for reclaiming frequencies (1) Unallocated frequencies If the frequencies to be reclaimed have not been allocated or assigned by the Commission pursuant to the 1934 Act [47 U.S.C. 151 et seq.], the President shall follow the procedures for substitution of frequencies established by sec- tion 924(b) of this title. (2) Allocated frequencies If the frequencies to be reclaimed have been allocated or assigned by the Commission, the President shall follow the procedures for sub- stitution of frequencies established by section 924(b) of this title, except that the statement required by section 924(b)(1)(B) of this title shall include— (A) a timetable to accommodate an or- derly transition for licensees to obtain new Page 394 TITLE 47—TELECOMMUNICATIONS § 927 frequencies and equipment necessary for its utilization; and (B) an estimate of the cost of displacing spectrum users licensed by the Commission. (c) Costs of reclaiming frequencies The Federal Government shall bear all costs of reclaiming frequencies pursuant to this section, including the cost of equipment which is ren- dered unusable, the cost of relocating operations to a different frequency, and any other costs that are directly attributable to the reclaiming of the frequency pursuant to this section, and there are authorized to be appropriated such sums as may be necessary to carry out the pur- poses of this section. (d) Effective date of reclaimed frequencies The Commission shall not withdraw licenses for any reclaimed frequencies until the end of the fiscal year following the fiscal year in which a statement under section 924(b)(1)(B) of this title pertaining to such frequencies is received by the Commission. (e) Effect on other law Nothing in this section shall be construed to limit or otherwise affect the authority of the President under section 706 of the 1934 Act (47 U.S.C. 606). (Pub. L. 102–538, title I, § 116, as added Pub. L. 103–66, title VI, § 6001(a)(3), Aug. 10, 1993, 107 Stat. 386.) Editorial Notes REFERENCES IN TEXT For definition of the 1934 Act, referred to in subsec. (b)(1), see section 921(3) of this title. § 927. Existing allocation and transfer authority retained (a) Additional reallocation Nothing in this subchapter prevents or limits additional reallocation of spectrum from the Federal Government to other users. (b) Implementation of new technologies and services Notwithstanding any other provision of this subchapter— (1) the Secretary may, consistent with sec- tion 903(e) of this title, at any time allow fre- quencies allocated on a primary basis for Fed- eral Government use to be used by non-Fed- eral licensees on a mixed-use basis for the pur- pose of facilitating the prompt implementa- tion of new technologies or services and for other purposes; and (2) the Commission shall make any alloca- tion and licensing decisions with respect to such frequencies in a timely manner and in no event later than the date required by section 157 of this title. (Pub. L. 102–538, title I, § 117, as added Pub. L. 103–66, title VI, § 6001(a)(3), Aug. 10, 1993, 107 Stat. 386.) § 928. Spectrum Relocation Fund (a) Establishment of Spectrum Relocation Fund There is established on the books of the Treas- ury a separate fund to be known as the ‘‘Spec- trum Relocation Fund’’ (in this section referred to as the ‘‘Fund’’), which shall be administered by the Office of Management and Budget (in this section referred to as ‘‘OMB’’), in consultation with the NTIA. (b) Crediting of receipts The Fund shall be credited with the amounts specified in section 309(j)(8)(D) of this title. (c) Use of funds The amounts in the Fund from auctions of eli- gible frequencies are authorized to be used to pay relocation or sharing costs of an eligible Federal entity incurring such costs with respect to relocation from or sharing of those fre- quencies. (d) Fund availability (1) Appropriation There are hereby appropriated from the Fund such sums as are required to pay the re- location or sharing costs specified in sub- section (c). (2) Transfer conditions None of the funds provided under this sub- section may be transferred to any eligible Fed- eral entity— (A) unless the eligible Federal entity has submitted a transition plan to the NTIA as required by paragraph (1) of section 923(h) of this title, the Technical Panel has found such plan sufficient under paragraph (4) of such section, and the NTIA has made avail- able such plan on its website as required by paragraph (5) of such section; (B) unless the Director of OMB has deter- mined, in consultation with the NTIA, the appropriateness of such costs and the timeline for relocation or sharing; and (C) until 30 days after the Director of OMB has submitted to the Committees on Appro- priations and Energy and Commerce of the House of Representatives for approval, to the Committees on Appropriations and Com- merce, Science, and Transportation of the Senate for approval, and to the Comptroller General a detailed plan describing specifi- cally how the sums transferred from the Fund will be used to pay relocation or shar- ing costs in accordance with such subsection and the timeline for such relocation or shar- ing. Unless disapproved within 30 days, the amounts in the Fund shall be available imme- diately. If the plan is disapproved, the Direc- tor may resubmit a revised plan. (3) Transfers for pre-auction costs (A) In general Subject to subparagraph (B), the Director of OMB may transfer to an eligible Federal entity, at any time (including prior to a scheduled auction), such sums as may be available in the Fund to pay relocation or sharing costs related to pre-auction esti- mates or research, as such costs are de- scribed in section 923(g)(3)(A)(iii) of this title. (B) Notification No funds may be transferred pursuant to subparagraph (A) unless—