47 U.S.C. § 1501 — Definitions

Page 453 TITLE 47—TELECOMMUNICATIONS § 1501 1 See References in Text note below. to the extent provided in subsection (b) with re- spect to— (1) the release of subscriber information re- lated to emergency calls or emergency serv- ices; (2) the use or provision of 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1 serv- ices; and (3) other matters related to 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1 serv- ices. (b) Scope of immunity and protection from liabil- ity The scope and extent of the immunity and protection from liability afforded under sub- section (a) shall be the same as that provided under section 615a of this title to wireless car- riers, public safety answering points, and users of wireless 9–1–1 service (as defined in para- graphs (4), (3), and (6), respectively, of section 615b of this title 1) with respect to such release, use, and other matters. (Pub. L. 112–96, title VI, § 6506, Feb. 22, 2012, 126 Stat. 242.) Editorial Notes REFERENCES IN TEXT Section 615b of this title, referred to in subsec. (b), was in the original a reference to section 6 of the Wire- less Communications and Public Safety Act of 1999, Pub. L. 106–81, and was translated as if it had been a reference to section 7 of Pub. L. 106–81, which is classi- fied to section 615b of this title, to reflect the probable intent of Congress and the renumbering of section 6 of Pub. L. 106–81 as section 7 by Pub. L. 110–283, title I, § 101(1), July 23, 2008, 122 Stat. 2620. Pub. L. 110–283, title I, § 101(3), July 23, 2008, 122 Stat. 2620 enacted a new sec- tion 6 of the Wireless Communications and Public Safe- ty Act of 1999 which is classified to section 215a–1 of this title, but that section does not contain definitions. § 1473. Commission proceeding on autodialing (a) In general Not later than 90 days after February 22, 2012, the Commission shall initiate a proceeding to create a specialized Do-Not-Call registry for public safety answering points. (b) Features of the registry The Commission shall issue regulations, after providing the public with notice and an oppor- tunity to comment, that— (1) permit verified public safety answering point administrators or managers to register the telephone numbers of all 9–1–1 trunks and other lines used for the provision of emer- gency services to the public or for communica- tions between public safety agencies; (2) provide a process for verifying, no less frequently than once every 7 years, that reg- istered numbers should continue to appear upon the registry; (3) provide a process for granting and track- ing access to the registry by the operators of automatic dialing equipment; (4) protect the list of registered numbers from disclosure or dissemination by parties granted access to the registry; and (5) prohibit the use of automatic dialing or ‘‘robocall’’ equipment to establish contact with registered numbers. (c) Enforcement The Commission shall— (1) establish monetary penalties for viola- tions of the protective regulations established pursuant to subsection (b)(4) of not less than $100,000 per incident nor more than $1,000,000 per incident; (2) establish monetary penalties for viola- tions of the prohibition on automatically dial- ing registered numbers established pursuant to subsection (b)(5) of not less than $10,000 per call nor more than $100,000 per call; and (3) provide for the imposition of fines under paragraphs (1) or (2) that vary depending upon whether the conduct leading to the violation was negligent, grossly negligent, reckless, or willful, and depending on whether the viola- tion was a first or subsequent offence. (Pub. L. 112–96, title VI, § 6507, Feb. 22, 2012, 126 Stat. 243.) CHAPTER 14—MAKING OPPORTUNITIES FOR BROADBAND INVESTMENT AND LIMITING EXCESSIVE AND NEEDLESS OBSTACLES TO WIRELESS Sec. 1501. Definitions. 1502. Identifying 255 megahertz. 1503. Millimeter wave spectrum. 1504. Broadband infrastructure deployment. 1505. Unlicensed services in guard bands. 1506. Rulemaking related to partitioning or disaggregating licenses. 1507. Unlicensed spectrum policy. 1508. National plan for unlicensed spectrum. 1509. Spectrum Challenge Prize. 1510. Wireless telecommunications tax and fee col- lection fairness. 1511. Rules of construction. 1512. Relationship to Middle Class tax Relief and Job Creation Act of 2012. 1513. No additional funds authorized. § 1501. Definitions In this chapter: (1) Appropriate committees of Congress The term ‘‘appropriate committees of Con- gress’’ means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Com- merce of the House of Representatives; and (C) each committee of the Senate or of the House of Representatives with jurisdiction over a Federal entity affected by the appli- cable section in which the term appears. (2) Commission The term ‘‘Commission’’ means the Federal Communications Commission. (3) Federal entity The term ‘‘Federal entity’’ has the meaning given the term in section 923(l) of this title. (4) NTIA The term ‘‘NTIA’’ means the National Tele- communications and Information Administra- tion of the Department of Commerce. 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.