§ 924. — Withdrawal or limitation of assignment to Federal Government stations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC924]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 8--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
SUBCHAPTER II--TRANSFER OF AUCTIONABLE FREQUENCIES
Sec. 924. Withdrawal or limitation of assignment to Federal
Government stations
(a) In general
The President shall--
(1) within 6 months after receipt of a report by the Secretary
under subsection (a), (d)(1), or (f) of section 923 of this title,
withdraw the assignment to a Federal Government station of any
frequency which the report recommends for immediate reallocation;
(2) within any such 6-month period, limit the assignment to a
Federal Government station of any frequency which the report
recommends be made immediately available for mixed use under section
923(b)(2) of this title;
(3) by the delayed effective date recommended by the Secretary
under section 923(e) of this title (except as provided in subsection
(b)(4) of this section), withdraw or limit the assignment to a
Federal Government station of any frequency which the report
recommends be reallocated or made available for mixed use on such
delayed effective date;
(4) assign or reassign other frequencies to Federal Government
stations as necessary to adjust to such withdrawal or limitation of
assignments; and
(5) transmit a notice and description to the Commission and each
House of Congress of the actions taken under this subsection.
(b) Exceptions
(1) Authority to substitute
If the President determines that a circumstance described in
paragraph (2) exists, the President--
(A) may substitute an alternative frequency or frequencies
for the frequency that is subject to such determination and
withdraw (or limit) the assignment of that alternative frequency
in the manner required by subsection (a) of this section; and
(B) shall submit a statement of the reasons for taking the
action described in subparagraph (A) to the Commission,
Committee on Energy and Commerce of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Grounds for substitution
For purposes of paragraph (1), the following circumstances are
described in this paragraph:
(A) the reassignment would seriously jeopardize the national
defense interests of the United States;
(B) the frequency proposed for reassignment is uniquely
suited to meeting important governmental needs;
(C) the reassignment would seriously jeopardize public
health or safety;
(D) the reassignment will result in costs to the Federal
Government that are excessive in relation to the benefits that
may be obtained from commercial or other non-Federal uses of the
reassigned frequency; or
(E) the reassignment will disrupt the existing use of a
Federal Government band of frequencies by amateur radio
licensees.
(3) Criteria for substituted frequencies
For purposes of paragraph (1), a frequency may not be
substituted for a frequency identified and recommended by the report
of the Secretary under section 923(a) of this title unless the
substituted frequency also meets each of the criteria specified by
section 923(a) of this title.
(4) Delays in implementation
If the President determines that any action cannot be completed
by the delayed effective date recommended by the Secretary pursuant
to section 923(e) of this title, or that such an action by such date
would result in a frequency being unused as a consequence of the
Commission's plan under section 925 of this title, the President
may--
(A) withdraw or limit the assignment to Federal Government
stations on a later date that is consistent with such plan,
except that the President shall notify each committee specified
in paragraph (1)(B) and the Commission of the reason that
withdrawal or limitation at a later date is required; or
(B) substitute alternative frequencies pursuant to the
provisions of this subsection.
(Pub. L. 102-538, title I, Sec. 114, as added Pub. L. 103-66, title VI,
Sec. 6001(a)(3), Aug. 10, 1993, 107 Stat. 384; amended Pub. L. 105-33,
title III, Sec. 3002(d)(2), Aug. 5, 1997, 111 Stat. 264.)
Amendments
1997--Subsec. (a)(1). Pub. L. 105-33, Sec. 3002(d)(2)(A),
substituted ``subsection (a), (d)(1), or (f)'' for ``subsection (a) or
(d)(1)''.
Subsec. (a)(2). Pub. L. 105-33, Sec. 3002(d)(2)(B), substituted
``any such 6-month period'' for ``either such 6-month period''.
Section Referred to in Other Sections
This section is referred to in sections 309, 926 of this title.
