47 U.S.C. § 1508 — National plan for unlicensed spectrum

Page 457 TITLE 47—TELECOMMUNICATIONS § 1508 creased availability of advanced telecommuni- cations services in a rural area. (Pub. L. 115–141, div. P, title VI, § 616, Mar. 23, 2018, 132 Stat. 1110.) § 1507. Unlicensed spectrum policy (a) Statement of policy It is the policy of the United States— (1) to maximize the benefit to the people of the United States of the spectrum resources of the United States; (2) to advance innovation and investment in wireless broadband services; and (3) to promote spectrum policy that makes available on an unlicensed basis radio fre- quency bands to address consumer demand for unlicensed wireless broadband operations. (b) Commission responsibilities The Commission shall ensure that the efforts of the Commission related to spectrum alloca- tion and assignment made available on an unli- censed basis radio frequency bands to address demand for unlicensed wireless broadband oper- ations if doing so is, after taking into account the future needs of homeland security, national security, and other spectrum users— (1) reasonable; and (2) in the public interest. (c) Rule of construction Nothing in this section confers any additional rights on unlicensed users or users licensed by rule under part 96 of title 47, Code of Federal Regulations, to protection from harmful inter- ference. (Pub. L. 115–141, div. P, title VI, § 617, Mar. 23, 2018, 132 Stat. 1112.) § 1508. National plan for unlicensed spectrum (a) Definitions In this section: (1) Spectrum Relocation Fund The term ‘‘Spectrum Relocation Fund’’ means the Fund established under section 928 of this title. (2) Unlicensed or licensed by rule operations The term ‘‘unlicensed or licensed by rule op- erations’’ means the use of spectrum on a non- exclusive basis under— (A) part 15 of title 47, Code of Federal Reg- ulations; or (B) licensing by rule under part 96 of title 47, Code of Federal Regulations. (b) National plan Not later than 18 months after March 23, 2018, the Commission, in consultation with the NTIA, shall develop a national plan for making addi- tional radio frequency bands available for unli- censed or licensed by rule operations. (c) Requirements The plan developed under this section shall— (1) identify an approach that ensures that consumers have access to additional spectrum to conduct unlicensed or licensed by rule oper- ations in a range of radio frequencies to meet consumer demand; (2) recommend specific actions by the Com- mission and the NTIA to permit unlicensed or licensed by rule operations in additional radio frequency ranges that the Commission finds— (A) are consistent with the statement of policy under section 1507(a) of this title; (B) will— (i) expand opportunities for unlicensed or licensed by rule operations in a spec- trum band; or (ii) otherwise improve spectrum utiliza- tion and intensity of use of bands where unlicensed or licensed by rule operations are already permitted; (C) will not cause harmful interference to Federal or non-Federal users of such bands; and (D) will not significantly impact homeland security or national security communica- tions systems; and (3) examine additional ways, with respect to existing and planned databases or spectrum access systems designed to promote spectrum sharing and access to spectrum for unlicensed or licensed by rule operations— (A) to improve accuracy and efficacy; (B) to reduce burdens on consumers, manu- facturers, and service providers; and (C) to protect sensitive Government infor- mation. (d) Spectrum Relocation Fund To be included as an appendix as part of the plan developed under this section, the NTIA, in consultation with the Director of the Office of Management and Budget, shall share with the Commission recommendations about how to re- form the Spectrum Relocation Fund— (1) to address costs incurred by Federal enti- ties related to sharing radio frequency bands with radio technologies conducting unlicensed or licensed by rule operations; and (2) to ensure the Spectrum Relocation Fund has sufficient funds to cover— (A) the costs described in paragraph (1); and (B) other expenditures allowed of the Spec- trum Relocation Fund under section 928 of this title. (e) Report required (1) In general Not later than 18 months after March 23, 2018, the Commission shall submit to the ap- propriate committees of Congress a report that describes the plan developed under this section, including any recommendations for legislative change. (2) Publication on commission website Not later than the date on which the Com- mission submits the report under paragraph (1), the Commission shall make the report publicly available on the website of the Com- mission. (f) Rule of construction Nothing in this section confers any additional rights on unlicensed users or users licensed by rule under part 96 of title 47, Code of Federal Regulations, to protection from harmful inter- ference. Page 458 TITLE 47—TELECOMMUNICATIONS § 1509 (Pub. L. 115–141, div. P, title VI, § 618, Mar. 23, 2018, 132 Stat. 1112.) § 1509. Spectrum Challenge Prize (a) Short title This section may be cited as the ‘‘Spectrum Challenge Prize Act’’. (b) Definition of prize competition In this section, the term ‘‘prize competition’’ means a prize competition conducted by the Secretary under subsection (c)(1). (c) Spectrum Challenge Prize (1) In general The Secretary, in consultation with the As- sistant Secretary of Commerce for Commu- nications and Information and the Under Sec- retary of Commerce for Standards and Tech- nology, shall, subject to the availability of funds for prize competitions under this sec- tion— (A) conduct prize competitions to dramati- cally accelerate the development and com- mercialization of technology that improves spectrum efficiency and is capable of cost-ef- fective deployment; and (B) define a measurable set of performance goals for participants in the prize competi- tions to demonstrate their solutions on a level playing field while making a signifi- cant advancement over the current state of the art. (2) Authority of Secretary In carrying out paragraph (1), the Secretary may— (A) enter into a grant, contract, coopera- tive agreement, or other agreement with a private sector for-profit or nonprofit entity to administer the prize competitions; (B) invite the Defense Advanced Research Projects Agency, the Commission, the Na- tional Aeronautics and Space Administra- tion, the National Science Foundation, or any other Federal agency to provide advice and assistance in the design or administra- tion of the prize competitions; and (C) award not more than $5,000,000, in the aggregate, to the winner or winners of the prize competitions. (d) Criteria Not later than 180 days after the date on which funds for prize competitions are made available pursuant to this section, the Commission shall publish a technical paper on spectrum efficiency providing criteria that may be used for the de- sign of the prize competitions. (e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this sec- tion. (Pub. L. 115–141, div. P, title VI, § 619, Mar. 23, 2018, 132 Stat. 1113.) § 1510. Wireless telecommunications tax and fee collection fairness (a) Short title This section may be cited as the ‘‘Wireless Telecommunications Tax and Fee Collection Fairness Act’’. (b) Definitions In this section: (1) Financial transaction The term ‘‘financial transaction’’ means a transaction in which the purchaser or user of a wireless telecommunications service upon whom a tax, fee, or surcharge is imposed gives cash, credit, or any other exchange of mone- tary value or consideration to the person who is required to collect or remit the tax, fee, or surcharge. (2) Local jurisdiction The term ‘‘local jurisdiction’’ means a polit- ical subdivision of a State. (3) State The term ‘‘State’’ means any of the several States, the District of Columbia, and any ter- ritory or possession of the United States. (4) State or local jurisdiction The term ‘‘State or local jurisdiction’’ in- cludes any governmental entity or person act- ing on behalf of a State or local jurisdiction that has the authority to assess, impose, levy, or collect taxes or fees. (5) Wireless telecommunications service The term ‘‘wireless telecommunications service’’ means a commercial mobile radio service, as defined in section 20.3 of title 47, Code of Federal Regulations, or any successor thereto. (c) Financial transaction requirement (1) In general A State, or a local jurisdiction of a State, may not require a person who is neither a resi- dent of such State or local jurisdiction nor an entity having its principal place of business in such State or local jurisdiction to collect from, or remit on behalf of, any other person a State or local tax, fee, or surcharge imposed on a purchaser or user with respect to the pur- chase or use of any wireless telecommuni- cations service within the State unless the collection or remittance is in connection with a financial transaction. (2) Rule of construction Nothing in this subsection shall be con- strued to affect the right of a State or local jurisdiction to require the collection of any tax, fee, or surcharge in connection with a fi- nancial transaction. (d) Enforcement (1) Private right of action Any person aggrieved by a violation of sub- section (c) may bring a civil action in an ap- propriate district court of the United States for equitable relief in accordance with para- graph (2) of this subsection. (2) Jurisdiction of district courts Notwithstanding section 1341 of title 28, or the constitution or laws of any State, the dis- trict courts of the United States shall have ju- risdiction, without regard to the amount in controversy or citizenship of the parties, to grant such mandatory or prohibitive injunc-