47 U.S.C. § 1452 — Special requirements for incentive auc-

Page 444 TITLE 47—TELECOMMUNICATIONS § 1451 deployed public safety narrowband systems and the nationwide public safety broadband network; (3) establish a research plan, and direct re- search, that addresses the wireless commu- nications needs of public safety entities be- yond what can be provided by the current gen- eration of broadband technology; (4) accelerate the development of mission critical voice, including device-to-device ‘‘talkaround’’ capability over broadband net- works, public safety prioritization, authen- tication capabilities, and standard application programing interfaces for the nationwide pub- lic safety broadband network, if necessary and practical; (5) accelerate the development of commu- nications technology and equipment that can facilitate the eventual migration of public safety narrowband communications to the na- tionwide public safety broadband network; and (6) convene working groups of relevant gov- ernment and commercial parties to achieve the requirements in paragraphs (1) through (5). (Pub. L. 112–96, title VI, § 6303, Feb. 22, 2012, 126 Stat. 221.) SUBCHAPTER IV—SPECTRUM AUCTION AUTHORITY § 1451. Deadlines for auction of certain spectrum (a) Clearing certain Federal spectrum (1) In general The President shall— (A) not later than 3 years after February 22, 2012, begin the process of withdrawing or modifying the assignment to a Federal Gov- ernment station of the electromagnetic spectrum described in paragraph (2); and (B) not later than 30 days after completing the withdrawal or modification, notify the Commission that the withdrawal or modi- fication is complete. (2) Spectrum described The electromagnetic spectrum described in this paragraph is the 15 megahertz of spectrum between 1675 megahertz and 1710 megahertz identified under paragraph (3). (3) Identification by Secretary of Commerce Not later than 1 year after February 22, 2012, the Secretary of Commerce shall submit to the President a report identifying 15 mega- hertz of spectrum between 1675 megahertz and 1710 megahertz for reallocation from Federal use to non-Federal use. (b) Reallocation and auction (1) In general Notwithstanding paragraph (15)(A) of section 309(j) of this title, not later than 3 years after February 22, 2012, the Commission shall, ex- cept as provided in paragraph (4)— (A) allocate the spectrum described in paragraph (2) for commercial use; and (B) through a system of competitive bid- ding under such section, grant new initial li- censes for the use of such spectrum, subject to flexible-use service rules. (2) Spectrum described The spectrum described in this paragraph is the following: (A) The frequencies between 1915 mega- hertz and 1920 megahertz. (B) The frequencies between 1995 mega- hertz and 2000 megahertz. (C) The frequencies described in subsection (a)(2). (D) The frequencies between 2155 mega- hertz and 2180 megahertz. (E) Fifteen megahertz of contiguous spec- trum to be identified by the Commission. (3) Proceeds to cover 110 percent of Federal re- location or sharing costs Nothing in paragraph (1) shall be construed to relieve the Commission from the require- ments of section 309(j)(16)(B) of this title. (4) Determination by Commission If the Commission determines that the band of frequencies described in paragraph (2)(A) or the band of frequencies described in paragraph (2)(B) cannot be used without causing harmful interference to commercial mobile service li- censees in the frequencies between 1930 mega- hertz and 1995 megahertz, the Commission may not— (A) allocate such band for commercial use under paragraph (1)(A); or (B) grant licenses under paragraph (1)(B) for the use of such band. (c) Omitted (Pub. L. 112–96, title VI, § 6401, Feb. 22, 2012, 126 Stat. 222.) Editorial Notes CODIFICATION Section is comprised of section 6401 of Pub. L. 112–96. Subsec. (c) of section 6401 of Pub. L. 112–96 amended section 309 of this title. § 1452. Special requirements for incentive auc- tion of broadcast TV spectrum (a) Reverse auction to identify incentive amount (1) In general The Commission shall conduct a reverse auc- tion to determine the amount of compensation that each broadcast television licensee would accept in return for voluntarily relinquishing some or all of its broadcast television spec- trum usage rights in order to make spectrum available for assignment through a system of competitive bidding under subparagraph (G) of section 309(j)(8) of this title. (2) Eligible relinquishments A relinquishment of usage rights for pur- poses of paragraph (1) shall include the fol- lowing: (A) Relinquishing all usage rights with re- spect to a particular television channel without receiving in return any usage rights with respect to another television channel. (B) Relinquishing all usage rights with re- spect to an ultra high frequency television channel in return for receiving usage rights with respect to a very high frequency tele- vision channel. Page 445 TITLE 47—TELECOMMUNICATIONS § 1452 (C) Relinquishing usage rights in order to share a television channel with another li- censee. (3) Confidentiality The Commission shall take all reasonable steps necessary to protect the confidentiality of Commission-held data of a licensee partici- pating in the reverse auction under paragraph (1), including withholding the identity of such licensee until the reassignments and realloca- tions (if any) under subsection (b)(1)(B) be- come effective, as described in subsection (f)(2). (4) Protection of carriage rights of licensees sharing a channel A broadcast television station that volun- tarily relinquishes spectrum usage rights under this subsection in order to share a tele- vision channel and that possessed carriage rights under section 338, 534, or 535 of this title on November 30, 2010, shall have, at its shared location, the carriage rights under such sec- tion that would apply to such station at such location if it were not sharing a channel. (b) Reorganization of broadcast TV spectrum (1) In general For purposes of making available spectrum to carry out the forward auction under sub- section (c)(1), the Commission— (A) shall evaluate the broadcast television spectrum (including spectrum made avail- able through the reverse auction under sub- section (a)(1)); and (B) may, subject to international coordina- tion along the border with Mexico and Can- ada— (i) make such reassignments of tele- vision channels as the Commission con- siders appropriate; and (ii) reallocate such portions of such spec- trum as the Commission determines are available for reallocation. (2) Factors for consideration In making any reassignments or realloca- tions under paragraph (1)(B), the Commission shall make all reasonable efforts to preserve, as of February 22, 2012, the coverage area and population served of each broadcast television licensee, as determined using the methodology described in OET Bulletin 69 of the Office of Engineering and Technology of the Commis- sion. (3) No involuntary relocation from UHF to VHF In making any reassignments under para- graph (1)(B)(i), the Commission may not invol- untarily reassign a broadcast television li- censee— (A) from an ultra high frequency television channel to a very high frequency television channel; or (B) from a television channel between the frequencies from 174 megahertz to 216 mega- hertz to a television channel between the frequencies from 54 megahertz to 88 mega- hertz. (4) Payment of relocation costs (A) In general Except as provided in subparagraph (B), from amounts made available under sub- section (d)(2), the Commission shall reim- burse costs reasonably incurred by— (i) a broadcast television licensee that was reassigned under paragraph (1)(B)(i) from one ultra high frequency television channel to a different ultra high frequency television channel, from one very high fre- quency television channel to a different very high frequency television channel, or, in accordance with subsection (g)(1)(B), from a very high frequency television channel to an ultra high frequency tele- vision channel, in order for the licensee to relocate its television service from one channel to the other; (ii) a multichannel video programming distributor in order to continue to carry the signal of a broadcast television li- censee that— (I) is described in clause (i); (II) voluntarily relinquishes spectrum usage rights under subsection (a) with respect to an ultra high frequency tele- vision channel in return for receiving usage rights with respect to a very high frequency television channel; or (III) voluntarily relinquishes spectrum usage rights under subsection (a) to share a television channel with another licensee; or (iii) a channel 37 incumbent user, in order to relocate to other suitable spec- trum, provided that all such users can be relocated and that the total relocation costs of such users do not exceed $300,000,000. For the purpose of this sec- tion, the spectrum made available through relocation of channel 37 incumbent users shall be deemed as spectrum reclaimed through a reverse auction under sub- section (a). (B) Regulatory relief In lieu of reimbursement for relocation costs under subparagraph (A), a broadcast television licensee may accept, and the Com- mission may grant as it considers appro- priate, a waiver of the service rules of the Commission to permit the licensee, subject to interference protections, to make flexible use of the spectrum assigned to the licensee to provide services other than broadcast tel- evision services. Such waiver shall only re- main in effect while the licensee provides at least 1 broadcast television program stream on such spectrum at no charge to the public. (C) Limitation The Commission may not make reimburse- ments under subparagraph (A) for lost reve- nues. (D) Deadline The Commission shall make all reimburse- ments required by subparagraph (A) not later than the date that is 3 years after the completion of the forward auction under subsection (c)(1). (5) Low-power television usage rights Nothing in this subsection shall be con- strued to alter the spectrum usage rights of low-power television stations. Page 446 TITLE 47—TELECOMMUNICATIONS § 1452 (c) Forward auction (1) Auction required The Commission shall conduct a forward auction in which— (A) the Commission assigns licenses for the use of the spectrum that the Commission reallocates under subsection (b)(1)(B)(ii); and (B) the amount of the proceeds that the Commission shares under clause (i) of sec- tion 309(j)(8)(G) of this title with each li- censee whose bid the Commission accepts in the reverse auction under subsection (a)(1) is not less than the amount of such bid. (2) Minimum proceeds (A) In general If the amount of the proceeds from the for- ward auction under paragraph (1) is not greater than the sum described in subpara- graph (B), no licenses shall be assigned through such forward auction, no reassign- ments or reallocations under subsection (b)(1)(B) shall become effective, and the Commission may not revoke any spectrum usage rights by reason of a bid that the Com- mission accepts in the reverse auction under subsection (a)(1). (B) Sum described The sum described in this subparagraph is the sum of— (i) the total amount of compensation that the Commission must pay successful bidders in the reverse auction under sub- section (a)(1); (ii) the costs of conducting such forward auction that the salaries and expenses ac- count of the Commission is required to re- tain under section 309(j)(8)(B) of this title; and (iii) the estimated costs for which the Commission is required to make reim- bursements under subsection (b)(4)(A). (C) Administrative costs The amount of the proceeds from the for- ward auction under paragraph (1) that the salaries and expenses account of the Com- mission is required to retain under section 309(j)(8)(B) of this title shall be sufficient to cover the costs incurred by the Commission in conducting the reverse auction under sub- section (a)(1), conducting the evaluation of the broadcast television spectrum under sub- paragraph (A) of subsection (b)(1), and mak- ing any reassignments or reallocations under subparagraph (B) of such subsection, in addition to the costs incurred by the Com- mission in conducting such forward auction. (3) Factor for consideration In conducting the forward auction under paragraph (1), the Commission shall consider assigning licenses that cover geographic areas of a variety of different sizes. (d) TV Broadcaster Relocation Fund (1) Establishment There is established in the Treasury of the United States a fund to be known as the TV Broadcaster Relocation Fund. (2) Payment of relocation costs Any amounts borrowed under paragraph (3)(A) and any amounts in the TV Broadcaster Relocation Fund that are not necessary for re- imbursement of the general fund of the Treas- ury for such borrowed amounts shall be avail- able to the Commission to make the payments required by subsection (b)(4)(A). (3) Borrowing authority (A) In general Beginning on the date when any reassign- ments or reallocations under subsection (b)(1)(B) become effective, as provided in subsection (f)(2), and ending when $1,000,000,000 has been deposited in the TV Broadcaster Relocation Fund, the Commis- sion may borrow from the Treasury of the United States an amount not to exceed $1,000,000,000 to use toward the payments re- quired by subsection (b)(4)(A). (B) Reimbursement The Commission shall reimburse the gen- eral fund of the Treasury, without interest, for any amounts borrowed under subpara- graph (A) as funds are deposited into the TV Broadcaster Relocation Fund. (4) Transfer of unused funds If any amounts remain in the TV Broad- caster Relocation Fund after the date that is 3 years after the completion of the forward auction under subsection (c)(1), the Secretary of the Treasury shall— (A) prior to the end of fiscal year 2022, transfer such amounts to the Public Safety Trust Fund established by section 1457(a)(1) of this title; and (B) after the end of fiscal year 2022, trans- fer such amounts to the general fund of the Treasury, where such amounts shall be dedi- cated for the sole purpose of deficit reduc- tion. (e) Numerical limitation on auctions and reorga- nization The Commission may not complete more than one reverse auction under subsection (a)(1) or more than one reorganization of the broadcast television spectrum under subsection (b). (f) Timing (1) Contemporaneous auctions and reorganiza- tion permitted The Commission may conduct the reverse auction under subsection (a)(1), any reassign- ments or reallocations under subsection (b)(1)(B), and the forward auction under sub- section (c)(1) on a contemporaneous basis. (2) Effectiveness of reassignments and re- allocations Notwithstanding paragraph (1), no reassign- ments or reallocations under subsection (b)(1)(B) shall become effective until the com- pletion of the reverse auction under sub- section (a)(1) and the forward auction under subsection (c)(1), and, to the extent prac- ticable, all such reassignments and realloca- tions shall become effective simultaneously. (3) Deadline The Commission may not conduct the re- verse auction under subsection (a)(1) or the Page 447 TITLE 47—TELECOMMUNICATIONS § 1452 forward auction under subsection (c)(1) after the end of fiscal year 2022. (4) Limit on discretion regarding auction tim- ing Section 309(j)(15)(A) of this title shall not apply in the case of an auction conducted under this section. (g) Limitation on reorganization authority (1) In general During the period described in paragraph (2), the Commission may not— (A) involuntarily modify the spectrum usage rights of a broadcast television li- censee or reassign such a licensee to another television channel except— (i) in accordance with this section; or (ii) in the case of a violation by such li- censee of the terms of its license or a spe- cific provision of a statute administered by the Commission, or a regulation of the Commission promulgated under any such provision; or (B) reassign a broadcast television licensee from a very high frequency television chan- nel to an ultra high frequency television channel, unless— (i) such a reassignment will not decrease the total amount of ultra high frequency spectrum made available for reallocation under this section; or (ii) a request from such licensee for the reassignment was pending at the Commis- sion on May 31, 2011. (2) Period described The period described in this paragraph is the period beginning on February 22, 2012, and end- ing on the earliest of— (A) the first date when the reverse auction under subsection (a)(1), the reassignments and reallocations (if any) under subsection (b)(1)(B), and the forward auction under sub- section (c)(1) have been completed; (B) the date of a determination by the Commission that the amount of the proceeds from the forward auction under subsection (c)(1) is not greater than the sum described in subsection (c)(2)(B); or (C) September 30, 2022. (h) Protest right inapplicable The right of a licensee to protest a proposed order of modification of its license under section 316 of this title shall not apply in the case of a modification made under this section. (i) Commission authority Nothing in subsection (b) shall be construed to— (1) expand or contract the authority of the Commission, except as otherwise expressly provided; or (2) prevent the implementation of the Com- mission’s ‘‘White Spaces’’ Second Report and Order and Memorandum Opinion and Order (FCC 08–260, adopted November 4, 2008) in the spectrum that remains allocated for broadcast television use after the reorganization re- quired by such subsection. (j) Reserve source for payment of relocation costs (1) Funding There are hereby authorized to be appro- priated, and appropriated, to the TV Broad- caster Relocation Fund established by sub- section (d), out of any monies in the Treasury not otherwise appropriated— (A) for fiscal year 2018, $600,000,000, to re- main available, notwithstanding subsection (d)(4), until not later than July 3, 2023, pur- suant to this subsection; and (B) for fiscal year 2019, $400,000,000, to re- main available, notwithstanding subsection (d)(4), until not later than July 3, 2023, pur- suant to this subsection. (2) Availability of funds (A) In general If the Commission makes the certification described in subparagraph (B), amounts made available to the TV Broadcaster Relo- cation Fund by paragraph (1) shall be avail- able to the Commission to make— (i) reimbursements pursuant to sub- section (b)(4)(A)(i) or (b)(4)(A)(ii), includ- ing not more than $350,000,000 for this pur- pose from funds made available by para- graph (1)(A); (ii) payments required by subsection (k), including not more than $150,000,000 for this purpose from funds made available by paragraph (1)(A); (iii) payments required by subsection (l), including not more than $50,000,000 for this purpose from funds made available by paragraph (1)(A); and (iv) payments solely for the purposes of consumer education relating to the reorga- nization of broadcast television spectrum under subsection (b), including $50,000,000 for this purpose from funds made available by paragraph (1)(A). (B) Certification The certification described in this sub- paragraph is a certification from the Com- mission to the Secretary of the Treasury that the funds available prior to March 23, 2018, in the TV Broadcaster Relocation Fund are likely to be insufficient to reimburse reasonably incurred costs described in sub- section (b)(4)(A)(i) or (b)(4)(A)(ii). (C) Availability for payments after April 13, 2020 (i) For payments to broadcast television li- censees and MVPDs Notwithstanding subsection (b)(4)(D), the Commission may make payments pur- suant to subsection (b)(4)(A)(i) or (b)(4)(A)(ii) from amounts made available to the TV Broadcaster Relocation Fund by paragraph (1) after April 13, 2020, if, before making any such payments after such date, the Commission submits to Congress a certification that such payments are necessary to reimburse reasonably in- curred costs described in such subsection. Page 448 TITLE 47—TELECOMMUNICATIONS § 1452 (ii) For payments to television translator stations and low power television sta- tions Amounts made available to the TV Broadcaster Relocation Fund by paragraph (1) shall not be available to the Commis- sion to make payments required by sub- section (k) after April 13, 2020, unless, be- fore making any such payments after such date, the Commission submits to Congress a certification that such payments are necessary to reimburse costs reasonably incurred by a television translator station or low power television station (as such terms are defined in subsection (k)) on or after January 1, 2017, in order for such sta- tion to relocate its television service from one channel to another channel or other- wise modify its facility as a result of the reorganization of broadcast television spectrum under subsection (b). (iii) For payments to FM broadcast stations Amounts made available to the TV Broadcaster Relocation Fund by paragraph (1) shall not be available to the Commis- sion to make payments required by sub- section (l) after April 13, 2020, unless, be- fore making any such payments after such date, the Commission submits to Congress a certification that such payments are necessary to reimburse costs reasonably incurred by an FM broadcast station (as defined in subsection (l)) for facilities nec- essary for such station to reasonably mini- mize disruption of service as a result of the reorganization of broadcast television spectrum under subsection (b). (3) Unused funds rescinded and deposited into the general fund of the treasury (A) Rescission and deposit If any unobligated amounts made avail- able to the TV Broadcaster Relocation Fund by paragraph (1) remain in the Fund after the date described in subparagraph (B), such amounts shall be rescinded and deposited into the general fund of the Treasury, where such amounts shall be dedicated for the sole purpose of deficit reduction. (B) Date described The date described in this subparagraph is the earlier of— (i) the date of a certification by the Commission under subparagraph (C) that all reimbursements pursuant to sub- sections (b)(4)(A)(i) and (b)(4)(A)(ii) have been made and that all reimbursements pursuant to subsections (k) and (l) have been made; or (ii) July 3, 2023. (C) Certification If all reimbursements pursuant to sub- sections (b)(4)(A)(i) and (b)(4)(A)(ii) and all reimbursements pursuant to subsections (k) and (l) have been made before July 3, 2023, the Commission shall submit to the Sec- retary of the Treasury a certification that all such reimbursements have been made. (4) Administrative costs The amount of auction proceeds that the sal- aries and expenses account of the Commission is required to retain under section 309(j)(8)(B) of this title, including from the proceeds of the forward auction under this section, shall be sufficient to cover the administrative costs incurred by the Commission in making any re- imbursements out of the TV Broadcaster Relo- cation Fund from amounts made available to that Fund by paragraph (1). (k) Payment of relocation costs of television translator stations and low power television stations (1) Payment required From amounts made available under sub- section (j)(2), the Commission shall reimburse costs reasonably incurred by a television translator station or low power television sta- tion on or after January 1, 2017, in order for such station to relocate its television service from one channel to another channel or other- wise modify its facility as a result of the reor- ganization of broadcast television spectrum under subsection (b). Only stations that are el- igible to file and do file an application in the Commission’s Special Displacement Window are eligible to seek reimbursement under this paragraph. (2) Limitation The Commission may not make reimburse- ments under paragraph (1) for lost revenues. (3) Duplicative payments prohibited In the case of a low power television station that has been accorded primary status as a Class A television licensee under section 73.6001(a) of title 47, Code of Federal Regula- tions— (A) if the licensee of such station has re- ceived reimbursement with respect to such station under subsection (b)(4)(A)(i) (includ- ing from amounts made available under sub- section (j)(2)(A)(i)), or from any other source, such station may not receive reim- bursement under paragraph (1); and (B) if such station has received reimburse- ment under paragraph (1), the licensee of such station may not receive reimbursement with respect to such station under sub- section (b)(4)(A)(i). (4) Additional limitation The Commission may not make reimburse- ment under paragraph (1) for costs incurred to resolve mutually exclusive applications, in- cluding costs incurred in any auction of avail- able channels. (5) Definitions In this subsection: (A) Low power television station The term ‘‘low power television station’’ means a low power TV station (as defined in section 74.701 of title 47, Code of Federal Regulations) that was licensed and trans- mitting for at least 9 of the 12 months prior to April 13, 2017. For purposes of the pre- ceding sentence, the operation of analog and Page 449 TITLE 47—TELECOMMUNICATIONS § 1453 digital companion facilities may be com- bined. (B) Television translator station The term ‘‘television translator station’’ means a television broadcast translator sta- tion (as defined in section 74.701 of title 47, Code of Federal Regulations) that was li- censed and transmitting for at least 9 of the 12 months prior to April 13, 2017. For pur- poses of the preceding sentence, the oper- ation of analog and digital companion facili- ties may be combined. (l) Payment of Relocation Costs of FM Broadcast Stations (1) Payment required (A) In general From amounts made available under sub- section (j)(2), the Commission shall reim- burse costs reasonably incurred by an FM broadcast station for facilities necessary for such station to reasonably minimize disrup- tion of service as a result of the reorganiza- tion of broadcast television spectrum under subsection (b). (B) Limitation The Commission may not make reimburse- ments under subparagraph (A) for lost reve- nues. (C) Duplicative payments prohibited If an FM broadcast station has received a payment for interim facilities from the li- censee of a television broadcast station that was reimbursed for such payment under sub- section (b)(4)(A)(i) (including from amounts made available under subsection (j)(2)(A)(i)), or from any other source, such FM broadcast station may not receive any reimbursements under subparagraph (A). (2) FM broadcast station defined In this subsection, the term ‘FM broadcast station’ has the meaning given such term in section 73.310 of title 47, Code of Federal Regu- lations, and includes an FM translator, which has the meaning given the term ‘‘FM trans- lator’’ in section 74.1201 of such title. (m) Rulemaking (1) In general Not later than 1 year after March 23, 2018, the Commission shall complete a rulemaking to implement subsections (k) and (l). (2) Matters for inclusion The rulemaking completed under paragraph (1) shall include the development of lists of reasonable eligible costs to be reimbursed by the Commission pursuant to subsections (k) and (l), and procedures for the submission and review of cost estimates and other materials related to those costs consistent with the reg- ulations developed by the Commission pursu- ant to subsection (b)(4). (n) Rule of construction (1) Nothing in subsections (j) through (m) shall alter the final transition phase completion date established by the Commission for full power and Class A television stations. (Pub. L. 112–96, title VI, § 6403, Feb. 22, 2012, 126 Stat. 225; Pub. L. 115–141, div. E, title V, § 511, Mar. 23, 2018, 132 Stat. 563.) Editorial Notes AMENDMENTS 2018—Subsecs. (j) to (n). Pub. L. 115–141 added subsecs. (j) to (n). § 1453. Unlicensed use in the 5 GHZ band (a) Modification of Commission regulations to allow certain unlicensed use (1) In general Subject to paragraph (2), not later than 1 year after February 22, 2012, the Commission shall begin a proceeding to modify part 15 of title 47, Code of Federal Regulations, to allow unlicensed U–NII devices to operate in the 5350–5470 MHz band. (2) Required determinations The Commission may make the modification described in paragraph (1) only if the Commis- sion, in consultation with the Assistant Sec- retary, determines that— (A) licensed users will be protected by technical solutions, including use of exist- ing, modified, or new spectrum-sharing tech- nologies and solutions, such as dynamic fre- quency selection; and (B) the primary mission of Federal spec- trum users in the 5350–5470 MHz band will not be compromised by the introduction of unlicensed devices. (b) Study by NTIA (1) In general The Assistant Secretary, in consultation with the Department of Defense and other im- pacted agencies, shall conduct a study evalu- ating known and proposed spectrum-sharing technologies and the risk to Federal users if unlicensed U–NII devices were allowed to oper- ate in the 5350–5470 MHz band and in the 5850–5925 MHz band. (2) Submission The Assistant Secretary shall submit to the Commission and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate— (A) not later than 8 months after February 22, 2012, a report on the portion of the study required by paragraph (1) with respect to the 5350–5470 MHz band; and (B) not later than 18 months after Feb- ruary 22, 2012, a report on the portion of the study required by paragraph (1) with respect to the 5850–5925 MHz band. (c) Definitions In this section: (1) 5350–5470 MHz band The term ‘‘5350–5470 MHz band’’ means the portion of the electromagnetic spectrum be- tween the frequencies from 5350 megahertz to 5470 megahertz. (2) 5850–5925 MHz band The term ‘‘5850–5925 MHz band’’ means the portion of the electromagnetic spectrum be-