Application for license
Considerations in granting application
Time of granting application
Except as provided in subsection (c) of this section, no such application—
for an instrument of authorization in the case of a station in the broadcasting or common carrier services, or
for an instrument of authorization in the case of a station in any of the following categories:
industrial radio positioning stations for which frequencies are assigned on an exclusive basis,
aeronautical en route stations,
aeronautical advisory stations,
airdrome control stations,
aeronautical fixed stations, and
such other stations or classes of stations, not in the broadcasting or common carrier services, as the Commission shall by rule prescribe,
shall be granted by the Commission earlier than thirty days following issuance of public notice by the Commission of the acceptance for filing of such application or of any substantial amendment thereof.
Applications not affected by subsection (b)
Subsection (b) of this section shall not apply—
to any minor amendment of an application to which such subsection is applicable, or
to any application for—
a minor change in the facilities of an authorized station,
consent to an involuntary assignment or transfer under section 310(b) of this title or to an assignment or transfer thereunder which does not involve a substantial change in ownership or control,
a license under section 319(c) of this title or, pending application for or grant of such license, any special or temporary authorization to permit interim operation to facilitate completion of authorized construction or to provide substantially the same service as would be authorized by such license,
extension of time to complete construction of authorized facilities,
an authorization of facilities for remote pickups, studio links and similar facilities for use in the operation of a broadcast station,
authorizations pursuant to section 325(c) of this title where the programs to be transmitted are special events not of a continuing nature,
a special temporary authorization for nonbroadcast operation not to exceed thirty days where no application for regular operation is contemplated to be filed or not to exceed sixty days pending the filing of an application for such regular operation, or
an authorization under any of the proviso clauses of section 308(a) of this title.
Petition to deny application; time; contents; reply; findings
Any party in interest may file with the Commission a petition to deny any application (whether as originally filed or as amended) to which subsection (b) of this section applies at any time prior to the day of Commission grant thereof without hearing or the day of formal designation thereof for hearing; except that with respect to any classification of applications, the Commission from time to time by rule may specify a shorter period (no less than thirty days following the issuance of public notice by the Commission of the acceptance for filing of such application or of any substantial amendment thereof), which shorter period shall be reasonably related to the time when the applications would normally be reached for processing. The petitioner shall serve a copy of such petition on the applicant. The petition shall contain specific allegations of fact sufficient to show that the petitioner is a party in interest and that a grant of the application would be prima facie inconsistent with subsection (a) (or subsection (k) in the case of renewal of any broadcast station license). Such allegations of fact shall, except for those of which official notice may be taken, be supported by affidavit of a person or persons with personal knowledge thereof. The applicant shall be given the opportunity to file a reply in which allegations of fact or denials thereof shall similarly be supported by affidavit.
If the Commission finds on the basis of the application, the pleadings filed, or other matters which it may officially notice that there are no substantial and material questions of fact and that a grant of the application would be consistent with subsection (a) (or subsection (k) in the case of renewal of any broadcast station license), it shall make the grant, deny the petition, and issue a concise statement of the reasons for denying the petition, which statement shall dispose of all substantial issues raised by the petition. If a substantial and material question of fact is presented or if the Commission for any reason is unable to find that grant of the application would be consistent with subsection (a) (or subsection (k) in the case of renewal of any broadcast station license), it shall proceed as provided in subsection (e).
Hearings; intervention; evidence; burden of proof
Temporary authorization of temporary operations under subsection (b)
Classification of applications
Form and conditions of station licenses
Random selection
General authority.—
Except as provided in paragraph (5), if there is more than one application for any initial license or construction permit, then the Commission shall have the authority to grant such license or permit to a qualified applicant through the use of a system of random selection.
No license or construction permit shall be granted to an applicant selected pursuant to paragraph (1) unless the Commission determines the qualifications of such applicant pursuant to subsection (a) and section 308(b) of this title. When substantial and material questions of fact exist concerning such qualifications, the Commission shall conduct a hearing in order to make such determinations. For the purpose of making such determinations, the Commission may, by rule, and notwithstanding any other provision of law—
adopt procedures for the submission of all or part of the evidence in written form;
delegate the function of presiding at the taking of written evidence to Commission employees other than administrative law judges; and
omit the determination required by subsection (a) with respect to any application other than the one selected pursuant to paragraph (1).
The Commission shall establish rules and procedures to ensure that, in the administration of any system of random selection under this subsection used for granting licenses or construction permits for any media of mass communications, significant preferences will be granted to applicants or groups of applicants, the grant to which of the license or permit would increase the diversification of ownership of the media of mass communications. To further diversify the ownership of the media of mass communications, an additional significant preference shall be granted to any applicant controlled by a member or members of a minority group.
The Commission shall have authority to require each qualified applicant seeking a significant preference under subparagraph (A) to submit to the Commission such information as may be necessary to enable the Commission to make a determination regarding whether such applicant shall be granted such preference. Such information shall be submitted in such form, at such times, and in accordance with such procedures, as the Commission may require.
For purposes of this paragraph:
The term “media of mass communications” includes television, radio, cable television, multipoint distribution service, direct broadcast satellite service, and other services, the licensed facilities of which may be substantially devoted toward providing programming or other information services within the editorial control of the licensee.
The term “minority group” includes Blacks, Hispanics, American Indians, Alaska Natives, Asians, and Pacific Islanders.
The Commission shall, after notice and opportunity for hearing, prescribe rules establishing a system of random selection for use by the Commission under this subsection in any instance in which the Commission, in its discretion, determines that such use is appropriate for the granting of any license or permit in accordance with paragraph (1).
The Commission shall have authority to amend such rules from time to time to the extent necessary to carry out the provisions of this subsection. Any such amendment shall be made after notice and opportunity for hearing.
Not later than 180 days after
Termination of authority.—
Except as provided in subparagraph (B), the Commission shall not issue any license or permit using a system of random selection under this subsection after
Subparagraph (A) of this paragraph shall not apply with respect to licenses or permits for stations described in section 397(6) of this title.
Use of competitive bidding
General authority
Exemptions
The competitive bidding authority granted by this subsection shall not apply to licenses or construction permits issued by the Commission—
for public safety radio services, including private internal radio services used by State and local governments and non-government entities and including emergency road services provided by not-for-profit organizations, that—
are used to protect the safety of life, health, or property; and
are not made commercially available to the public;
for initial licenses or construction permits for digital television service given to existing terrestrial broadcast licensees to replace their analog television service licenses; or
for stations described in section 397(6) of this title.
Design of systems of competitive bidding
For each class of licenses or permits that the Commission grants through the use of a competitive bidding system, the Commission shall, by regulation, establish a competitive bidding methodology. The Commission shall seek to design and test multiple alternative methodologies under appropriate circumstances. The Commission shall, directly or by contract, provide for the design and conduct (for purposes of testing) of competitive bidding using a contingent combinatorial bidding system that permits prospective bidders to bid on combinations or groups of licenses in a single bid and to enter multiple alternative bids within a single bidding round. In identifying classes of licenses and permits to be issued by competitive bidding, in specifying eligibility and other characteristics of such licenses and permits, and in designing the methodologies for use under this subsection, the Commission shall include safeguards to protect the public interest in the use of the spectrum and shall seek to promote the purposes specified in section 151 of this title and the following objectives:
the development and rapid deployment of new technologies, products, and services for the benefit of the public, including those residing in rural areas, without administrative or judicial delays;
promoting economic opportunity and competition and ensuring that new and innovative technologies are readily accessible to the American people by avoiding excessive concentration of licenses and by disseminating licenses among a wide variety of applicants, including small businesses, rural telephone companies, and businesses owned by members of minority groups and women;
recovery for the public of a portion of the value of the public spectrum resource made available for commercial use and avoidance of unjust enrichment through the methods employed to award uses of that resource;
efficient and intensive use of the electromagnetic spectrum;
ensure that, in the scheduling of any competitive bidding under this subsection, an adequate period is allowed—
before issuance of bidding rules, to permit notice and comment on proposed auction procedures; and
after issuance of bidding rules, to ensure that interested parties have a sufficient time to develop business plans, assess market conditions, and evaluate the availability of equipment for the relevant services; and
for any auction of eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(2)), the recovery of 110 percent of estimated relocation or sharing costs as provided to the Commission pursuant to section 113(g)(4) of such Act.
Contents of regulations
In prescribing regulations pursuant to paragraph (3), the Commission shall—
consider alternative payment schedules and methods of calculation, including lump sums or guaranteed installment payments, with or without royalty payments, or other schedules or methods that promote the objectives described in paragraph (3)(B), and combinations of such schedules and methods;
include performance requirements, such as appropriate deadlines and penalties for performance failures, to ensure prompt delivery of service to rural areas, to prevent stockpiling or warehousing of spectrum by licensees or permittees, and to promote investment in and rapid deployment of new technologies and services;
consistent with the public interest, convenience, and necessity, the purposes of this chapter, and the characteristics of the proposed service, prescribe area designations and bandwidth assignments that promote (i) an equitable distribution of licenses and services among geographic areas, (ii) economic opportunity for a wide variety of applicants, including small businesses, rural telephone companies, and businesses owned by members of minority groups and women, and (iii) investment in and rapid deployment of new technologies and services;
ensure that small businesses, rural telephone companies, and businesses owned by members of minority groups and women are given the opportunity to participate in the provision of spectrum-based services, and, for such purposes, consider the use of tax certificates, bidding preferences, and other procedures;
require such transfer disclosures and antitrafficking restrictions and payment schedules as may be necessary to prevent unjust enrichment as a result of the methods employed to issue licenses and permits; and
prescribe methods by which a reasonable reserve price will be required, or a minimum bid will be established, to obtain any license or permit being assigned pursuant to the competitive bidding, unless the Commission determines that such a reserve price or minimum bid is not in the public interest.
Bidder and licensee qualification
Rules of construction
Nothing in this subsection, or in the use of competitive bidding, shall—
alter spectrum allocation criteria and procedures established by the other provisions of this chapter;
limit or otherwise affect the requirements of subsection (h) of this section, section 301, 304, 307, 310, or 606 of this title, or any other provision of this chapter (other than subsections (d)(2) and (e) of this section);
diminish the authority of the Commission under the other provisions of this chapter to regulate or reclaim spectrum licenses;
be construed to convey any rights, including any expectation of renewal of a license, that differ from the rights that apply to other licenses within the same service that were not issued pursuant to this subsection;
be construed to relieve the Commission of the obligation in the public interest to continue to use engineering solutions, negotiation, threshold qualifications, service regulations, and other means in order to avoid mutual exclusivity in application and licensing proceedings;
be construed to prohibit the Commission from issuing nationwide, regional, or local licenses or permits;
be construed to prevent the Commission from awarding licenses to those persons who make significant contributions to the development of a new telecommunications service or technology; or
be construed to relieve any applicant for a license or permit of the obligation to pay charges imposed pursuant to section 158 of this title.
Consideration of revenues in public interest determinations
Consideration prohibited
Consideration limited
Consideration of demand for spectrum not affected
Treatment of revenues
General rule
Retention of revenues
Deposit and use of auction escrow accounts
Any deposits the Commission may require for the qualification of any person to bid in a system of competitive bidding pursuant to this subsection shall be deposited in the Treasury. Within 45 days following the conclusion of the competitive bidding—
the deposits of successful bidders shall be deposited in the general fund of the Treasury (where such deposits shall be used for the sole purpose of deficit reduction), except as otherwise provided in subparagraphs (D)(ii), (E)(ii), (F), and (G); and
the deposits of unsuccessful bidders shall be returned to such bidders, and payments representing the return of such deposits shall not be subject to administrative offset under section 3716(c) of title 31.
Proceeds from reallocated Federal spectrum
In general
Certain other proceeds
Transfer of receipts
Establishment of Fund
Proceeds for funds
Transfer of amount to Treasury
Recovered analog spectrum
Certain proceeds designated for Public Safety Trust Fund
Incentive auctions
In general
Limitations
The Commission may not enter into an agreement for a licensee to relinquish spectrum usage rights in exchange for a share of auction proceeds under clause (i) unless—
the Commission conducts a reverse auction to determine the amount of compensation that licensees would accept in return for voluntarily relinquishing spectrum usage rights; and
at least two competing licensees participate in the reverse auction.
Treatment of revenues
Notwithstanding subparagraph (A) and except as provided in subparagraph (B), the proceeds (including deposits and upfront payments from successful bidders) from any auction, prior to the end of fiscal year 2022, of spectrum usage rights made available under clause (i) that are not shared with licensees under such clause shall be deposited as follows:
$1,750,000,000 of the proceeds from the incentive auction of broadcast television spectrum required by section 1452 of this title shall be deposited in the TV Broadcaster Relocation Fund established by subsection (d)(1) of such section.
All other proceeds shall be deposited—
prior to the end of fiscal year 2022, in the Public Safety Trust Fund established by section 1457(a)(1) of this title; and
after the end of fiscal year 2022, in the general fund of the Treasury, where such proceeds shall be dedicated for the sole purpose of deficit reduction.
Congressional notification
Definition
In this subparagraph, the term “appropriate committees of Congress” means—
the Committee on Commerce, Science, and Transportation of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Energy and Commerce of the House of Representatives; and
the Committee on Appropriations of the House of Representatives.
Use of former Government spectrum
The Commission shall, not later than 5 years after
in the aggregate span not less than 10 megahertz; and
have been reassigned from Government use pursuant to part B of the National Telecommunications and Information Administration Organization Act [47 U.S.C. 921 et seq.].
Authority contingent on availability of additional spectrum
Initial conditions
The Commission’s authority to issue licenses or permits under this subsection shall not take effect unless—
the Secretary of Commerce has submitted to the Commission the report required by section 113(d)(1) of the National Telecommunications and Information Administration Organization Act [47 U.S.C. 923(d)(1)];
such report recommends for immediate reallocation bands of frequencies that, in the aggregate, span not less than 50 megahertz;
such bands of frequencies meet the criteria required by section 113(a) of such Act [47 U.S.C. 923(a)]; and
the Commission has completed the rulemaking required by section 332(c)(1)(D) of this title.
Subsequent conditions
The Commission’s authority to issue licenses or permits under this subsection on and after 2 years after
the Secretary of Commerce has failed to submit the report required by section 113(a) of the National Telecommunications and Information Administration Organization Act [47 U.S.C. 923(a)];
the President has failed to withdraw and limit assignments of frequencies as required by paragraphs (1) and (2) of section 114(a) of such Act [47 U.S.C. 924(a)];
the Commission has failed to issue the regulations required by section 115(a) of such Act [47 U.S.C. 925(a)];
the Commission has failed to complete and submit to Congress, not later than 18 months after
the Commission has failed under section 332(c)(3) of this title to grant or deny within the time required by such section any petition that a State has filed within 90 days after
until such failure has been corrected.
Termination
The authority of the Commission to complete a system of competitive bidding under this subsection shall expire
between the frequencies of 3.1 gigahertz and 3.45 gigahertz, such authority shall not apply; and
between the frequencies of 7.4 gigahertz and 8.4 gigahertz, such authority shall not apply.
Repealed. Pub. L. 115–141, div. P, title IV, § 402(i)(4)(A), Mar. 23, 2018, 132 Stat. 1089
Recovery of value of public spectrum in connection with pioneer preferences
In general
Recovery of value
The Commission shall recover for the public a portion of the value of the public spectrum resource made available to such person by requiring such person, as a condition for receipt of the license, to agree to pay a sum determined by—
identifying the winning bids for the licenses that the Commission determines are most reasonably comparable in terms of bandwidth, scope of service area, usage restrictions, and other technical characteristics to the license awarded to such person, and excluding licenses that the Commission determines are subject to bidding anomalies due to the award of preferential treatment;
dividing each such winning bid by the population of its service area (hereinafter referred to as the per capita bid amount);
computing the average of the per capita bid amounts for the licenses identified under clause (i);
reducing such average amount by 15 percent; and
multiplying the amount determined under clause (iv) by the population of the service area of the license obtained by such person.
Installments permitted
Rulemaking on pioneer preferences
Except with respect to pending applications described in clause (iv) of this subparagraph, the Commission shall prescribe regulations specifying the procedures and criteria by which the Commission will evaluate applications for preferential treatment in its licensing processes (by precluding the filing of mutually exclusive applications) for persons who make significant contributions to the development of a new service or to the development of new technologies that substantially enhance an existing service. Such regulations shall—
specify the procedures and criteria by which the significance of such contributions will be determined, after an opportunity for review and verification by experts in the radio sciences drawn from among persons who are not employees of the Commission or by any applicant for such preferential treatment;
include such other procedures as may be necessary to prevent unjust enrichment by ensuring that the value of any such contribution justifies any reduction in the amounts paid for comparable licenses under this subsection;
be prescribed not later than 6 months after
not apply to applications that have been accepted for filing on or before
cease to be effective on the date of the expiration of the Commission’s authority under subparagraph (F).
Implementation with respect to pending applications
In applying this paragraph to any broadband licenses in the personal communications service awarded pursuant to the preferential treatment accorded by the Federal Communications Commission in the Third Report and Order in General Docket 90–314 (FCC 93–550, released
the Commission shall not reconsider the award of preferences in such Third Report and Order, and the Commission shall not delay the grant of licenses based on such awards more than 15 days following
the Commission shall not alter the bandwidth or service areas designated for such licenses in such Third Report and Order;
except as provided in clause (v), the Commission shall use, as the most reasonably comparable licenses for purposes of subparagraph (B)(i), the broadband licenses in the personal communications service for blocks A and B for the 20 largest markets (ranked by population) in which no applicant has obtained preferential treatment;
for purposes of subparagraph (C), the Commission shall permit guaranteed installment payments over a period of 5 years, subject to—
the payment only of interest on unpaid balances during the first 2 years, commencing not later than 30 days after the award of the license (including any preferential treatment used in making such award) is final and no longer subject to administrative or judicial review, except that no such payment shall be required prior to the date of completion of the auction of the comparable licenses described in clause (iii); and
payment of the unpaid balance and interest thereon after the end of such 2 years in accordance with the regulations prescribed by the Commission; and
the Commission shall recover with respect to broadband licenses in the personal communications service an amount under this paragraph that is equal to not less than $400,000,000, and if such amount is less than $400,000,000, the Commission shall recover an amount equal to $400,000,000 by allocating such amount among the holders of such licenses based on the population of the license areas held by each licensee.
The Commission shall not include in any amounts required to be collected under clause (v) the interest on unpaid balances required to be collected under clause (iv).
Expiration
Effective date
Auction of recaptured broadcast television spectrum
Limitations on terms of terrestrial television broadcast licenses
Spectrum reversion and resale
The Commission shall—
ensure that, as licenses for analog television service expire pursuant to subparagraph (A), each licensee shall cease using electromagnetic spectrum assigned to such service according to the Commission’s direction; and
reclaim and organize the electromagnetic spectrum in a manner consistent with the objectives described in paragraph (3) of this subsection.
Licensees for new services occupying spectrum reclaimed pursuant to clause (i) shall be assigned in accordance with this subsection.
Certain limitations on qualified bidders prohibited
In prescribing any regulations relating to the qualification of bidders for spectrum reclaimed pursuant to subparagraph (B)(i), the Commission, for any license that may be used for any digital television service where the grade A contour of the station is projected to encompass the entirety of a city with a population in excess of 400,000 (as determined using the 1990 decennial census), shall not—
preclude any party from being a qualified bidder for such spectrum on the basis of—
the Commission’s duopoly rule (47 C.F.R. 73.3555(b)); or
the Commission’s newspaper cross-ownership rule (47 C.F.R. 73.3555(d)); or
apply either such rule to preclude such a party that is a winning bidder in a competitive bidding for such spectrum from using such spectrum for digital television service.
Commission to determine timing of auctions
Commission authority
Termination of portions of auctions 31 and 44
Exception
Blocks excepted
Subparagraph (B) shall not apply to the auction of—
the C-block of licenses on the bands of frequencies located at 710–716 megahertz, and 740–746 megahertz; or
the D-block of licenses on the bands of frequencies located at 716–722 megahertz.
Eligible bidders
Auction deadlines for excepted blocks
Repealed. Pub. L. 115–141, div. P, title IV, § 402(i)(4)(B), Mar. 23, 2018, 132 Stat. 1089
Additional deadlines for recovered analog spectrum
Recovered analog spectrum
For purposes of clause (v), the term “recovered analog spectrum” means the spectrum between channels 52 and 69, inclusive (between frequencies 698 and 806 megahertz, inclusive) reclaimed from analog television service broadcasting under paragraph (14), other than—
the spectrum required by section 337 of this title to be made available for public safety services; and
the spectrum auctioned prior to
Return of payments
Special auction provisions for eligible frequencies
Special regulations
Conclusion of auctions contingent on minimum proceeds
Authority to issue prior to deauthorization
Certain conditions on auction participation prohibited
In general
Notwithstanding any other provision of law, the Commission may not prevent a person from participating in a system of competitive bidding under this subsection if such person—
complies with all the auction procedures and other requirements to protect the auction process established by the Commission; and
either—
meets the technical, financial, character, and citizenship qualifications that the Commission may require under section 303(l)(1), 308(b), or 310 of this title to hold a license; or
would meet such license qualifications by means approved by the Commission prior to the grant of the license.
Clarification of authority
Estimate of upcoming auctions
Not later than
The estimate under subparagraph (A) shall, to the extent possible, identify the bands of frequencies the Commission expects to be included in each such system of competitive bidding.
Broadcast station renewal procedures
Standards for renewal
If the licensee of a broadcast station submits an application to the Commission for renewal of such license, the Commission shall grant the application if it finds, with respect to that station, during the preceding term of its license—
the station has served the public interest, convenience, and necessity;
there have been no serious violations by the licensee of this chapter or the rules and regulations of the Commission; and
there have been no other violations by the licensee of this chapter or the rules and regulations of the Commission which, taken together, would constitute a pattern of abuse.
Consequence of failure to meet standard
Standards for denial
If the Commission determines, after notice and opportunity for a hearing as provided in subsection (e), that a licensee has failed to meet the requirements specified in paragraph (1) and that no mitigating factors justify the imposition of lesser sanctions, the Commission shall—
issue an order denying the renewal application filed by such licensee under section 308 of this title; and
only thereafter accept and consider such applications for a construction permit as may be filed under section 308 of this title specifying the channel or broadcasting facilities of the former licensee.
Competitor consideration prohibited
Applicability of competitive bidding to pending comparative licensing cases
With respect to competing applications for initial licenses or construction permits for commercial radio or television stations that were filed with the Commission before
have the authority to conduct a competitive bidding proceeding pursuant to subsection (j) to assign such license or permit;
treat the persons filing such applications as the only persons eligible to be qualified bidders for purposes of such proceeding; and
waive any provisions of its regulations necessary to permit such persons to enter an agreement to procure the removal of a conflict between their applications during the 180-day period beginning on
Source
(June 19, 1934, ch. 652, title III, § 309, 48 Stat. 1085; July 16, 1952, ch. 879, § 7, 66 Stat. 715; Mar. 26, 1954, ch. 110, 68 Stat. 35; Jan. 20, 1956, ch. 1, 70 Stat. 3; Pub. L. 86–752, § 4(a),Notes
Editorial Notes
References in Text
Amendments
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Effective Date of 1997 Amendment
Effective Date of 1996 Amendment
Effective Date of 1984 Amendment
Effective Date of 1960 Amendment
Subsections (a) and (b) of this section [amending this section and section 319 of this title] shall take effect ninety days after the date of the enactment of this Act [
Section 309 of the Communications Act of 1934 [this section] (as amended by subsection (a) of this section) shall apply to any application to which section 308 of such Act [section 308 of this title] applies (A) which is filed on or after the effective date of subsection (a) of this section, (B) which is filed before such effective date, but is substantially amended on or after such effective date, or (C) which is filed before such effective date and is not substantially amended on or after such effective date, but with respect to which the Commission by rule provides reasonable opportunity to file petitions to deny in accordance with section 309 of such Act (as amended by subsection (a) of this section) [this section].
Section 309 of the Communications Act of 1934 [this section], as in effect immediately before the effective date of subsection (a) of this section, shall, on and after such effective date, apply only to applications to which section 308 of such Act [section 308 of this title] apply which are filed before such effective date and not substantially amended on or after such effective date and with respect to which the Commission does not permit petitions to deny to be filed as provided in clause (C) of paragraph (2) of this subsection.”
Spectrum Auctions
Definitions.—
In this section:
Assistant secretary.—
The term ‘Assistant Secretary’ means the Assistant Secretary of Commerce for Communications and Information.
Commission.—
The term ‘Commission’ means the Federal Communications Commission.
Covered band.—
The term ‘covered band’—
except as provided in subparagraph (B), means the band of frequencies between 1.3 gigahertz and 10.5 gigahertz; and
does not include—
the band of frequencies between 3.1 gigahertz and 3.45 gigahertz for purposes of auction, reallocation, modification, or withdrawal; or
the band of frequencies between 7.4 gigahertz and 8.4 gigahertz for purposes of auction, reallocation, modification, or withdrawal.
Full-power commercial licensed use cases.—
The term ‘full-power commercial licensed use cases’ means flexible use wireless broadband services with base station power levels sufficient for high-power, high-density, and wide-area commercial mobile services, consistent with the service rules under part 27 of title 47, Code of Federal Regulations, or any successor regulations, for wireless broadband deployments throughout the covered band.
General Auction Authority.—
Amendment.—
Spectrum auctions.—
The Commission shall grant licenses through systems of competitive bidding, before the expiration of the general auction authority of the Commission under section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)), as amended by paragraph (1) of this subsection, for not less than 300 megahertz, including by completing a system of competitive bidding not later than 2 years after the date of enactment of this Act [
Identification for Reallocation.—
In general.—
The Assistant Secretary, in consultation with the Commission, shall identify 500 megahertz of frequencies in the covered band for reallocation to non-Federal use, shared Federal and non-Federal use, or a combination thereof, for full-power commercial licensed use cases, that—
as of the date of enactment of this Act, are allocated for Federal use; and
shall be in addition to the 300 megahertz of frequencies for which the Commission grants licenses under subsection (b)(2).
Schedule.—
The Assistant Secretary shall identify the frequencies under paragraph (1) according to the following schedule:
Not later than 2 years after the date of enactment of this Act, the Assistant Secretary shall identify not less than 200 megahertz of frequencies within the covered band.
Not later than 4 years after the date of enactment of this Act, the Assistant Secretary shall identify any remaining bandwidth required to be identified under paragraph (1).
Required analysis.—
In general.—
In determining under paragraph (1) which specific frequencies within the covered band to reallocate, the Assistant Secretary shall determine the feasibility of the reallocation of frequencies.
Requirements.—
In conducting the analysis under subparagraph (A), the Assistant Secretary shall assess net revenue potential, relocation or sharing costs, as applicable, and the feasibility of reallocating specific frequencies, with the goal of identifying the best approach to maximize net proceeds of systems of competitive bidding for the Treasury, consistent with section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)).
Auctions.—
The Commission shall grant licenses for the frequencies identified for reallocation under subsection (c) through systems of competitive bidding in accordance with the following schedule:
Not later than 4 years after the date of enactment of this Act [
Not later than 8 years after the date of enactment of this Act, the Commission shall, after notifying the Assistant Secretary, complete 1 or more systems of competitive bidding for any frequencies identified under subsection (c) that remain to be auctioned after compliance with paragraph (1) of this subsection.
Limitation.—
The President shall modify or withdraw any frequency proposed for reallocation under this section not later than 60 days before the commencement of a system of competitive bidding scheduled by the Commission with respect to that frequency, if the President determines that such modification or withdrawal is necessary to protect the national security of the United States.
Appropriation.—
In addition to amounts otherwise available, there is appropriated to the Department of Commerce for fiscal year 2025, out of any money in the Treasury not otherwise appropriated, $50,000,000, to remain available through
conduct a timely spectrum analysis of the bands of frequencies—
between 2.7 gigahertz and 2.9 gigahertz;
between 4.4 gigahertz and 4.9 gigahertz; and
between 7.25 gigahertz and 7.4 gigahertz; and
publish a biennial report, with the last report to be published not later than
Auction of AWS–3 Bands
DEFINITIONS.
“In this title [amending section 1603 of this title and enacting provisions set out as a note under section 609 of this title]:
Commission.—
The term ‘Commission’ means the Federal Communications Commission.
Covered auction.—
The term ‘covered auction’ means a system of competitive bidding conducted under section 5403 [of Pub. L. 118–159, set out below].
FCC AUCTION OF CERTAIN LICENSES.
FCC Auction of Certain Licenses.—
Not later than 18 months after the date of enactment of this Act [
Completion of Auctions.—
The Commission shall complete the systems of competitive bidding described in subsection (a), including receiving payments, processing applications, and granting licenses, without regard to whether the authority of the Commission under paragraph (11) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) has expired.
SPECTRUM AUCTION TRUST FUND.
Establishment.—
In general.—
There is established in the Treasury of the United States a fund to be known as the ‘Spectrum Auction Trust Fund’ (referred to in this section as the ‘Fund’) for the purposes described in subsection (b).
Amounts available until expended.—
Amounts deposited in the Fund shall remain available until expended.
Deposit of Proceeds.—
In general.—
Notwithstanding any other provision of law, except section 309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)), the proceeds (including deposits and upfront payments from successful bidders) from any covered auction shall be deposited or available in accordance with this subsection.
Treasury reimbursement.—
Notwithstanding any other provision of law, an aggregate total amount of $3,300,000,000 of the proceeds of covered auctions shall be deposited in the Fund as follows:
50 percent of those amounts, but not more than $3,080,000,000 cumulatively, shall be transferred to the general fund of the Treasury to reimburse the amount borrowed under subsection (c)(1).
50 percent of those amounts, but not more than $220,000,000 cumulatively, shall be transferred to the general fund of the Treasury to reimburse the amount borrowed under subsection (d)(1).
Distribution.—
If the maximum amount permitted under any subparagraph of paragraph (2) is reached, whether through covered auction proceeds or appropriations to the program specified in that subparagraph, any remaining proceeds from the amount of proceeds of covered auctions described in that paragraph shall be deposited pro rata based on the original distribution to all subparagraphs of paragraph (2) for which the maximum amount permitted has not been met.
Extra amounts.—
In general.—
After the amounts required to be made available by paragraphs (2) and (3) are so made available, any remaining amounts up to $280,000,000 shall be made available to the Secretary of Commerce to carry out section 28 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722a).
Limitation.—
The Secretary of Commerce may not use any funds made available under subparagraph (A) in a manner that may result in outlays on or after
Deficit reduction.—
After the amounts required to be made available by subparagraph (A) are so made available, any remaining amounts shall be deposited in the general fund of the Treasury, where such amounts shall be dedicated for the sole purpose of deficit reduction.
FCC Borrowing Authority.—
In general.—
Subject to the limitation under paragraph (2), not later than 90 days after the date of enactment of this Act [
Limitation.—
The Commission may not use any funds borrowed under this subsection in a manner that may result in outlays on or after
Department of Commerce Borrowing Authority.—
In general.—
Subject to the limitation under paragraph (2), not later than 90 days after the date of enactment of this Act, the Secretary of Commerce may borrow from the Treasury of the United States an amount not to exceed $220,000,000 to carry out section 28 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722a).
Limitation.—
The Secretary of Commerce may not use any funds borrowed under this subsection in a manner that may result in outlays on or after
Reporting Requirement.—
Not later than 2 years after the date of enactment of this Act, and annually thereafter until funds are fully expended, the head of an agency that receives funds under subsection (b)(4)(A), (c)(1), or (d)(1) shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the uses of the amounts received by that agency head under the applicable subsection.”
5G Spectrum Authority Licensing Enforcement
SHORT TITLE.
FCC PROCESSING OF APPLICATIONS FOR SPECTRUM LICENSES AWARDED BY AUCTION.
Digital Television Transition and Public Safety
Permissive Early Termination Under Existing Requirements.—
Nothing in this Act [amending this section and section 337 of this title, enacting provisions set out as notes under this section and section 609 of this title, and amending provisions set out as notes under this section] is intended to prevent a licensee of a television broadcast station from terminating the broadcasting of such station’s analog television signal (and continuing to broadcast exclusively in the digital television service) prior to the date established by law under section 3002(b) of the Digital Television Transition and Public Safety Act of 2005 [section 3002(b) of Pub. L. 109–171, set out below] for termination of all licenses for full-power television stations in the analog television service (as amended by section 2 of this Act) so long as such prior termination is conducted in accordance with the Federal Communications Commission’s requirements in effect on the date of enactment of this Act [
Public Safety Radio Services.—
Nothing in this Act, or the amendments made by this Act, shall prevent a public safety service licensee from commencing operations consistent with the terms of its license on spectrum recovered as a result of the voluntary cessation of broadcasting in the analog or digital television service pursuant to subsection (a). Any such public safety use shall be subject to the relevant Federal Communications Commission rules and regulations in effect on the date of enactment of this Act [
Expedited Rulemaking.—
Notwithstanding any other provision of law, the Federal Communications Commission and the National Telecommunications and Information Administration shall, not later than 30 days after the date of enactment of this Act [
SHORT TITLE.
COMMISSION ACTION REQUIRED.
Program Required.—
Notwithstanding any other provision of law, the Federal Communications Commission shall, not later than
Information required.—
The program required by subsection (a) shall provide for the broadcast of—
emergency information, including critical details regarding the emergency, as broadcast or required to be broadcast by full-power stations in the digital television service;
information, in both English and Spanish, and accessible to persons with disabilities, concerning—
the digital television transition, including the fact that a transition has taken place and that additional action is required to continue receiving television service, including emergency notifications; and
the steps required to enable viewers to receive such emergency information via the digital television service and to convert to receiving digital television service, including a phone number and Internet address by which help with such transition may be obtained in both English and Spanish; and
such other information related to consumer education about the digital television transition or public health and safety or emergencies as the Commission may find to be consistent with the public interest.
LIMITATIONS.
“In designing the program required by this Act, the Commission shall—
take into account market-by-market needs, based upon factors such as channel and transmitter availability;
ensure that broadcasting of the program specified in section 2(b) will not cause harmful interference with signals in the digital television service;
not require the analog television service signals broadcast under this Act to be retransmitted or otherwise carried pursuant to section 325(b), 338, 339, 340, 614, or 615 of the Communications Act of 1934 (47 U.S.C. 325(b), 338, 339, 340, 614 [534], or 615 [535]);
take into consideration broadcasters’ digital power levels and transition and coordination plans that already have been adopted with respect to cable systems and satellite carriers’ systems;
prohibit any broadcast of analog television service signals under section 2(b) on any spectrum that is approved or pending approval by the Commission to be used for public safety radio services, including television channels 14-20; and
not include the analog spectrum between channels 52 and 69, inclusive (between frequencies 698 and 806 megahertz, inclusive) reclaimed from analog television broadcasting pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)).
DEFINITIONS.
SHORT TITLE; DEFINITION.
Short Title.—
This title may be cited as the ‘Digital Television Transition and Public Safety Act of 2005’.
Definition.—
As used in this Act [probably should be “this title”], the term ‘Assistant Secretary’ means the Assistant Secretary for Communications and Information of the Department of Commerce.
ANALOG SPECTRUM RECOVERY: FIRM DEADLINE.
Amendments.—
Terminations of Analog Licenses and Broadcasting.—
The Federal Communications Commission shall take such actions as are necessary—
to terminate all licenses for full-power television stations in the analog television service, and to require the cessation of broadcasting by full-power stations in the analog television service, by
to require by that date that all broadcasting by Class A stations, whether in the analog television service or digital television service, and all broadcasting by full-power stations in the digital television service, occur only on channels between channels 2 and 36, inclusive, or 38 and 51, inclusive (between frequencies 54 and 698 megahertz, inclusive).
AUCTION OF RECOVERED SPECTRUM.
RESERVATION OF AUCTION PROCEEDS.
DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM.
Creation of Program.—
The Assistant Secretary shall—
implement and administer a program through which households in the United States may obtain coupons that can be applied toward the purchase of digital-to-analog converter boxes; and
make payments of not to exceed $990,000,000, in the aggregate, through fiscal year 2009 to carry out that program from the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)).
Credit.—
The Assistant Secretary may borrow from the Treasury beginning on
Program Specifications.—
Limitations.—
Two-per-household maximum.—
A household may obtain coupons by making a request as required by the regulations under this section between
No combinations of coupons.—
Two coupons may not be used in combination toward the purchase of a single digital-to-analog converter box.
Duration.—
All coupons shall expire 3 months after issuance.
Expired coupons.—
The Assistant Secretary may issue to a household, upon request by the household, one replacement coupon for each coupon that was issued to such household and that expired without being redeemed.
Distribution of coupons.—
The Assistant Secretary shall expend not more than $100,000,000 on administrative expenses and shall ensure that the sum of—
all administrative expenses for the program, including not more than $5,000,000 for consumer education concerning the digital television transition and the availability of the digital-to-analog converter box program; and
the total maximum value of all the coupons redeemed, and issued but not expired, does not exceed $990,000,000.
Use of additional amount.—
If the Assistant Secretary transmits to the Committee on Energy and Commerce of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a statement certifying that the sum permitted to be expended under paragraph (2) will be insufficient to fulfill the requests for coupons from eligible households—
paragraph (2) shall be applied—
by substituting ‘$160,000,000’ for ‘$100,000,000’; and
by substituting ‘$1,500,000,000’ for ‘$990,000,000’;
subsection (a)(2) shall be applied by substituting ‘$1,500,000,000’ for ‘$990,000,000’; and
the additional amount permitted to be expended shall be available 60 days after the Assistant Secretary sends such statement.
Coupon value.—
The value of each coupon shall be $40.
Definition of Digital-to-Analog Converter Box.—
For purposes of this section, the term ‘digital-to-analog converter box’ means a stand-alone device that does not contain features or functions except those necessary to enable a consumer to convert any channel broadcast in the digital television service into a format that the consumer can display on television receivers designed to receive and display signals only in the analog television service, but may also include a remote control device.
PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS.
Creation of Program.—
The Assistant Secretary, in consultation with the Secretary of the Department of Homeland Security—
may take such administrative action as is necessary to establish and implement—
a grant program to assist public safety agencies in the planning and coordination associated with, the acquisition of, deployment of, or training for the use of interoperable communications equipment, software and systems that—
utilize reallocated public safety spectrum for radio communication;
enable interoperability with communications systems that can utilize reallocated public safety spectrum for radio communication; or
otherwise improve or advance the interoperability of public safety communications systems that utilize other public safety spectrum bands; and
are used to establish and implement [sic] a strategic technology reserve to pre-position or secure interoperable communications in advance for immediate deployment in an emergency or major disaster;
shall make payments of not to exceed $1,000,000,000, in the aggregate, through fiscal year 2010 from the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) to carry out the grant program established under paragraph (1), of which at least $75,000,000, in the aggregate, shall be used for purposes described in paragraph (1)(B); and
shall permit any funds allocated for use under paragraph (1)(B) to be used for purposes identified under paragraph (1)(A), if the public safety agency demonstrates that it has already implemented such a strategic technology reserve or demonstrates higher priority public safety communications needs.
Eligibility.—
To be eligible for assistance under the grant program established under subparagraph (a)(1)(A), an applicant shall submit an application, at such time, in such form, and containing such information as the Assistant Secretary may require, including a detailed explanation of how assistance received under the program would be used to improve communications interoperability and ensure interoperability with other public safety agencies in an emergency or a major disaster.
Criteria for Strategic Technology Reserves.—
In general.—
In evaluating permitted uses under subparagraph (a)(1)(B), the Assistant Secretary shall consider the continuing technological evolution of communications technologies and devices, with its implicit risk of obsolescence, and shall ensure, to the maximum extent feasible, that a substantial part of the reserve involves prenegotiated contracts and other arrangements for rapid deployment of equipment, supplies, and systems (and communications service related to such equipment, supplies, and systems), rather than the warehousing or storage of equipment and supplies currently available at the time the reserve is established.
Requirements and characteristics.—
Funds provided to meet uses described in paragraph (1) shall be used in support of reserves that—
are capable of re-establishing communications when existing critical infrastructure is damaged or destroyed in an emergency or a major disaster;
include appropriate current, widely-used equipment, such as Land Mobile Radio Systems, cellular telephones and satellite-enabled equipment (and related communications service), Cells-On-Wheels, Cells-On-Light-Trucks, or other self-contained mobile cell sites that can be towed, backup batteries, generators, fuel, and computers;
include equipment on hand for the Governor of each State, key emergency response officials, and appropriate State or local personnel;
include contracts (including prenegotiated contracts) for rapid delivery of the most current technology available from commercial sources; and
include arrangements for training to ensure that personnel are familiar with the operation of the equipment and devices to be delivered pursuant to such contracts.
Additional characteristics.—
Portions of the reserve may be virtual and may include items donated on an in-kind contribution basis.
Allocation of funds.—
In evaluating permitted uses under subparagraph (a)(1)(B), the Assistant Secretary shall take into account barriers to immediate deployment, including time and distance, that may slow the rapid deployment of equipment, supplies, and systems (and communications service related to such equipment, supplies, and systems) in the event of an emergency in any State.
Voluntary Consensus Standards.—
In carrying out this section, the Assistant Secretary, in cooperation with the Secretary of Homeland Security, shall identify and, if necessary, encourage the development and implementation of, voluntary consensus standards for interoperable communications systems to the greatest extent practicable, but shall not require any such standard.
Inspector General Report and Audits.—
Report.—
Beginning with the first fiscal year beginning after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007 [
Audits.—
Beginning with the first fiscal year beginning after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Inspector General of the Department of Commerce shall conduct financial audits of entities receiving grants from the program implemented under subsection (a)(1), and shall ensure that, over the course of 4 years, such audits cover recipients in a representative sample of not fewer than 25 States or territories. The results of any such audits shall be made publicly available via web site, subject to redaction as the Inspector General determines necessary to protect classified and other sensitive information.
Rule of Construction.—
Nothing in this section shall be construed or interpreted to preclude the use of funds under this section by any public safety agency for interim- or long-term Internet Protocol-based interoperable solutions.
Credit.—
The Assistant Secretary may borrow from the Treasury beginning on
Condition of Grants.—
In order to obtain a grant under the grant program, a public safety agency shall agree to provide, from non-Federal sources, not less than 20 percent of the costs of acquiring and deploying the interoperable communications systems funded under the grant program.
Definitions.—
For purposes of this section:
Public safety agency.—
The term ‘public safety agency’ means any State, local, or tribal government entity, or nongovernmental organization authorized by such entity, whose sole or principal purpose is to protect the safety of life, health, or property.
Interoperable communications systems.—
The term ‘interoperable communications systems’ means communications systems which enable public safety agencies to share information amongst local, State, Federal, and tribal public safety agencies in the same area via voice or data signals.
NYC 9/11 DIGITAL TRANSITION.
Funds Available.—
From the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) the Assistant Secretary shall make payments of not to exceed $30,000,000, in the aggregate, which shall be available to carry out this section for fiscal years 2007 through 2008. The Assistant Secretary may borrow from the Treasury beginning
Use of Funds.—
The sums available under subsection (a) shall be made available by the Assistant Secretary by grant to be used to reimburse the Metropolitan Television Alliance for costs incurred in the design and deployment of a temporary digital television broadcast system to ensure that, until a permanent facility atop the Freedom Tower is constructed, the members of the Metropolitan Television Alliance can provide the New York City area with an adequate digital television signal as determined by the Federal Communications Commission.
Definitions.—
For purposes of this section:
Metropolitan television alliance.—
The term ‘Metropolitan Television Alliance’ means the organization formed by New York City television broadcast station licensees to locate new shared facilities as a result of the attacks on
New york city area.—
The term ‘New York City area’ means the five counties comprising New York City and counties of northern New Jersey in immediate proximity to New York City (Bergen, Essex, Union, and Hudson Counties).
LOW-POWER TELEVISION AND TRANSLATOR DIGITAL-TO-ANALOG CONVERSION.
Creation of Program.—
In General.—
The Assistant Secretary shall make payments of not to exceed $10,000,000, in the aggregate, during the fiscal year 2008 and 2009 period from the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) to implement and administer a program through which each eligible low-power television station may receive compensation toward the cost of the purchase of a digital-to-analog conversion device that enables it to convert the incoming digital signal of its corresponding full-power television station to analog format for transmission on the low-power television station’s analog channel. An eligible low-power television station may receive such compensation only if it submits a request for such compensation on or before
Use of funds.—
As soon as practicable after the date of enactment of the DTV Transition Assistance Act [
Credit.—
The Assistant Secretary may borrow from the Treasury beginning
Eligible Stations.—
For purposes of this section, the term ‘eligible low-power television station’ means a low-power television broadcast station, Class A television station, television translator station, or television booster station—
that is itself broadcasting exclusively in analog format; and
that has not purchased a digital-to-analog conversion device prior to the date of enactment of the Digital Television Transition and Public Safety Act of 2005 [
LOW-POWER TELEVISION AND TRANSLATOR UPGRADE PROGRAM.
Establishment.—
The Assistant Secretary shall make payments of not to exceed $65,000,000, in the aggregate, during fiscal years 2009 through 2012 from the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) to implement and administer a program through which each licensee of an eligible low-power television station may receive reimbursement for equipment to upgrade low-power television stations from analog to digital in eligible rural communities, as that term is defined in section 610(b)(2) [601(b)(2)] of the Rural Electrification Act of 1937 [1936] (7 U.S.C. 950bb(b)(2)). Such reimbursements shall be issued to eligible stations on or after
Eligible Stations.—
For purposes of this section, the term ‘eligible low-power television station’ means a low-power television broadcast station, Class A television station, television translator station, or television booster station—
that is itself broadcasting exclusively in analog format; and
that has not converted from analog to digital operations prior to the date of enactment of the Digital Television Transition and Public Safety Act of 2005 [
NATIONAL ALERT AND TSUNAMI WARNING PROGRAM.
ENHANCE 911.
In General.—
The Assistant Secretary shall make payments of not to exceed $43,500,000, in the aggregate, from the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) to implement the ENHANCE 911 Act of 2004 [title I of Pub. L. 108–494, see Short Title of 2004 Amendment note set out under section 901 of this title].
Credit.—
The Assistant Secretary may borrow from the Treasury, upon enactment of the 911 Modernization Act [
ESSENTIAL AIR SERVICE PROGRAM.
In General.—
If the amount appropriated to carry out the essential air service program under subchapter II of chapter 417 of title 49, United States Code, equals or exceeds $110,000,000 for fiscal year 2007 or 2008, then the Secretary of Commerce shall make $15,000,000 available, from the Digital Television Transition and Public Safety Fund established by section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)), to the Secretary of Transportation for use in carrying out the essential air service program for that fiscal year.
Application With Other Funds.—
Amounts made available under subsection (a) for any fiscal year shall be in addition to any amounts—
appropriated for that fiscal year; or
derived from fees collected pursuant to section 45301(a)(1) of title 49, United States Code, that are made available for obligation and expenditure to carry out the essential air service program for that fiscal year.
Advances.—
The Secretary of Transportation may borrow from the Treasury such sums as may be necessary, but not to exceed $30,000,000 on a temporary and reimbursable basis to implement subsection (a). The Secretary of Transportation shall reimburse the Treasury, without interest, as funds are deposited into the Digital Television Transition and Public Safety Fund under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) and made available to the Secretary under subsection (a).
SUPPLEMENTAL LICENSE FEES.
Findings
Circumstances in the telecommunications market have changed dramatically since the auctioning of spectrum in the 700 megahertz band was originally mandated by Congress in 1997, raising serious questions as to whether the original deadlines, or the subsequent revision of the deadlines, are consistent with sound telecommunications policy and spectrum management principles.
No comprehensive plan yet exists for allocating additional spectrum for third-generation wireless and other advanced communications services. The Federal Communications Commission should have the flexibility to auction frequencies in the 700 megahertz band for such purposes.
The study being conducted by the National Telecommunications and Information Administration in consultation with the Department of Defense to determine whether the Department of Defense can share or relinquish additional spectrum for third generation wireless and other advanced communications services will not be completed until after the June 19th auction date for the upper 700 megahertz band, and long after the applications must be filed to participate in the auction, thereby creating further uncertainty as to whether the frequencies in the 700 megahertz band will be put to their highest and best use for the benefit of consumers.
The Federal Communications Commission is also in the process of determining how to resolve the interference problems that exist in the 800 megahertz band, especially for public safety. One option being considered for the 800 megahertz band would involve the 700 megahertz band. The Commission should not hold the 700 megahertz auction before the 800 megahertz interference issues are resolved or a tenable plan has been conceived.
The 700 megahertz band is currently occupied by television broadcasters, and will be so until the transfer to digital television is completed. This situation creates a tremendous amount of uncertainty concerning when the spectrum will be available and reduces the value placed on the spectrum by potential bidders. The encumbrance of the 700 megahertz band reduces both the amount of money that the auction would be likely to produce and the probability that the spectrum would be purchased by the entities that valued the spectrum the most and would put the spectrum to its most productive use.
The Commission’s rules governing voluntary mechanisms for vacating the 700 megahertz band by broadcast stations—
produced no certainty that the band would be available for advanced mobile communications services, public safety operations, or other wireless services any earlier than the existing statutory framework provides; and
should advance the transition of digital television and must not result in the unjust enrichment of any incumbent licensee.”
Compliance With Auction Authority
Preservation of Broadcaster Obligations
Deadline for Collection
Administrative Procedures for Spectrum Auctions
Deadlines for Commission Action Regarding Competitive Bidding
General rulemaking.—
The Federal Communications Commission shall prescribe regulations to implement section 309(j) of the Communications Act of 1934 [47 U.S.C. 309(j)] (as added by this section) within 210 days after the date of enactment of this Act [
PCS orders and licensing.—
The Commission shall—
within 180 days after such date of enactment, issue a final report and order (i) in the matter entitled ‘Redevelopment of Spectrum to Encourage Innovation in the Use of New Telecommunications Technologies’ (ET Docket No. 92–9); and (ii) in the matter entitled ‘Amendment of the Commission’s Rules to Establish New Personal Communications Services’ (GEN Docket No. 90–314; ET Docket No. 92–100); and
within 270 days after such date of enactment, commence issuing licenses and permits in the personal communications service.”
Special Rule Regarding Subsection (i) Licenses and Permits
Authority To Use the System of Random Selection With Respect to Applications for Initial Licenses and Construction Permits
is filed with the Commission after the date of the enactment of this Act [
is pending before the Commission on such date of enactment but has not been designated for hearing on or before such date of enactment.”