Definitions
As used in this subchapter:
The term “allocation” means an entry in the National Table of Frequency Allocations of a given frequency band for the purpose of its use by one or more radiocommunication services.
The term “assignment” means an authorization given to a station licensee to use specific frequencies or channels.
The term “the 1934 Act” means the Communications Act of 1934 (47 U.S.C. 151 et seq.).
Source
(Pub. L. 102–538, title I, § 111, as added Pub. L. 103–66, title VI, § 6001(a)(3),Notes
References in Text
Identification, Reallocation, and Auction of Federal Spectrum
DEFINITIONS.
“In this title [see Short Title of 2015 Amendment note set out under section 901 of this title]:
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.
Federal entity.—
The term ‘Federal entity’ has the meaning given such term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)).
Secretary.—
The term ‘Secretary’ means the Secretary of Commerce.
RULE OF CONSTRUCTION.
IDENTIFICATION, REALLOCATION, AND AUCTION OF FEDERAL SPECTRUM.
Identification of Spectrum.—
Not later than
Clearing of Spectrum.—
The President shall—
not later than
not later than 30 days after completing the withdrawal or modification, notify the Commission that the withdrawal or modification is complete.
Reallocation and Auction.—
In general.—
The Commission shall—
reallocate the electromagnetic spectrum identified under subsection (a) for non-Federal use or shared Federal and non-Federal use, or a combination thereof; and
notwithstanding paragraph (15)(A) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), not later than
Proceeds to cover 110 percent of federal relocation or sharing costs.—
Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)).
Protection of Certain Federal Spectrum Operations.—
If the report required by subsection (a) determines that reallocation and auction of the spectrum described in the report would harm national security by impacting existing terrestrial Federal spectrum operations at the Nevada Test and Training Range, the Commission, in coordination with the Secretary shall, prior to the auction described in subsection (c)(1)(B), establish rules for licensees in such spectrum sufficient to mitigate harmful interference to such operations.
Rule of Construction.—
Nothing in this section shall be construed to affect any requirement under section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 (47 U.S.C. 921 note; Public Law 106–65).”
Study and Report on Current and Future Spectrum Use
Report on Progress on Spectrum Sharing
Study Required.—
The Secretary of Defense, in consultation with the Attorney General and the Secretary of Commerce, shall provide for the conduct of an engineering study to identify—
any portion of the 138–144 megahertz band that the Department of Defense can share in various geographic regions with public safety radio services;
any measures required to prevent harmful interference between Department of Defense systems and the public safety systems proposed for operation on those frequencies; and
a reasonable schedule for implementation of such sharing of frequencies.
Submission of Interim Report.—
Within one year after the date of the enactment of this Act [
Report.—
Not later than
Surrender of Department of Defense Spectrum
In general.—
If, in order to make available for other use a band of frequencies of which it is a primary user, the Department of Defense is required to surrender use of such band of frequencies, the Department shall not surrender use of such band of frequencies until—
the National Telecommunications and Information Administration, in consultation with the Federal Communications Commission, identifies and makes available to the Department for its primary use, if necessary, an alternative band or bands of frequencies as a replacement for the band to be so surrendered; and
the Secretary of Commerce, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff jointly certify to the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Armed Services and the Committee on Commerce [now Committee on Energy and Commerce] of the House of Representatives, that such alternative band or bands provides comparable technical characteristics to restore essential military capability that will be lost as a result of the band of frequencies to be so surrendered.
Exception.—
Paragraph (1) shall not apply to a band of frequencies that has been identified for reallocation in accordance with title VI of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103–66; 107 Stat. 379) [enacting sections 159 and 921 to 927 of this title and amending sections 152, 153, 156, 158, 309, 332, and 903 of this title] and title III of the Balanced Budget Act of 1997 (Public Law 105–33, 111 Stat. 258) [enacting section 337 of this title, amending sections 153, 303, 309, and 923 to 925 of this title, and repealing provisions set out as a note under section 309 of this title], other than a band of frequencies that is reclaimed pursuant to subsection (c) [amending section 923 of this title and enacting provisions set out as a note below].”
Reassignment to Federal Government for Use by Department of Defense of Certain Frequency Spectrum Recommended for Reallocation
the bands of frequencies aggregating 3 megahertz located between 138 and 144 megahertz that were recommended for reallocation in the second reallocation report under section 113(a) of that Act [probably means 47 U.S.C. 923(a)]; and
the band of frequency aggregating 5 megahertz located between 1385 megahertz and 1390 megahertz, inclusive, that was so recommended for reallocation.”