§ 925. — Distribution of frequencies by Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC925]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 8--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
SUBCHAPTER II--TRANSFER OF AUCTIONABLE FREQUENCIES
Sec. 925. Distribution of frequencies by Commission
(a) Allocation and assignment of immediately available frequencies
With respect to the frequencies made available for immediate
reallocation pursuant to section 923(e)(2) of this title, the
Commission, not later than 18 months after August 10, 1993, shall issue
regulations to allocate such frequencies and shall propose regulations
to assign such frequencies.
(b) Allocation and assignment of remaining available frequencies
With respect to the frequencies made available for reallocation
pursuant to section 923(e)(3) of this title, the Commission shall, not
later than 1 year after receipt of the initial reallocation report
required by section 923(a) of this title, prepare, submit to the
President and the Congress, and implement, a plan for the allocation and
assignment under the 1934 Act [47 U.S.C. 151 et seq.] of such
frequencies. Such plan shall--
(1) not propose the immediate allocation and assignment of all
such frequencies but, taking into account the timetable recommended
by the Secretary pursuant to section 923(e) of this title, shall
propose--
(A) gradually to allocate and assign the frequencies
remaining, after making the reservation required by subparagraph
(B), over the course of 10 years beginning on the date of
submission of such plan; and
(B) to reserve a significant portion of such frequencies for
allocation and assignment beginning after the end of such 10-
year period;
(2) contain appropriate provisions to ensure--
(A) the availability of frequencies for new technologies and
services in accordance with the policies of section 7 of the
1934 Act (47 U.S.C. 157);
(B) the availability of frequencies to stimulate the
development of such technologies; and
(C) the safety of life and property in accordance with the
policies of section 1 of the 1934 Act (47 U.S.C. 151);
(3) address (A) the feasibility of reallocating portions of the
spectrum from current commercial and other non-Federal uses to
provide for more efficient use of the spectrum, and (B) innovation
and marketplace developments that may affect the relative
efficiencies of different spectrum allocations;
(4) not prevent the Commission from allocating frequencies, and
assigning licenses to use frequencies, not included in the plan; and
(5) not preclude the Commission from making changes to the plan
in future proceedings.
(c) Allocation and assignment of frequencies identified in second
reallocation report
(1) Plan and implementation
With respect to the frequencies made available for reallocation
pursuant to section 923(b)(3) of this title, the Commission shall,
not later than one year after receipt of the second reallocation
report required by section 923(a) of this title, prepare, submit to
the President and the Congress, and implement, a plan for the
immediate allocation and assignment under the 1934 Act [47 U.S.C.
Sec. 151 et seq.] of all such frequencies in accordance with section
309(j) of such Act [47 U.S.C. 309(j)].
(2) Contents
The plan prepared by the Commission under paragraph (1) shall
consist of a schedule of allocation and assignment of those
frequencies in accordance with section 309(j) of the 1934 Act in
time for the assignment of those licenses or permits by September
30, 2002.
(Pub. L. 102-538, title I, Sec. 115, as added Pub. L. 103-66, title VI,
Sec. 6001(a)(3), Aug. 10, 1993, 107 Stat. 385; amended Pub. L. 105-33,
title III, Sec. 3002(e)(4), Aug. 5, 1997, 111 Stat. 265.)
References in Text
For definition of the 1934 Act, referred to in subsecs. (b) and
(c)(1), see section 921(3) of this title.
Amendments
1997--Subsec. (b). Pub. L. 105-33, Sec. 3002(e)(4)(A), substituted
``the initial reallocation report required'' for ``the report required''
in introductory provisions.
Subsec. (c). Pub. L. 105-33, Sec. 3002(e)(4)(B), added subsec. (c).
Accelerated Availability for Auction of 1,710-1,755 Megahertz From
Initial Reallocation Report
Section 3002(b) of Pub. L. 105-33 provided that: ``The band of
frequencies located at 1,710-1,755 megahertz identified in the initial
reallocation report under section 113(a) of the National
Telecommunications and Information Administration Act (47 U.S.C. 923(a))
shall, notwithstanding the timetable recommended under section 113(e) of
such Act and section 115(b)(1) of such Act [47 U.S.C. 925(b)(1)], be
available in accordance with this subsection for assignment for
commercial use. The Commission shall assign licenses for such use by
competitive bidding commenced after January 1, 2001, pursuant to section
309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)).''
Commission Obligation To Make Additional Spectrum Available by Auction
Section 3002(c) of Pub. L. 105-33 provided that:
``(1) In general.--The Commission shall complete all actions
necessary to permit the assignment by September 30, 2002, by competitive
bidding pursuant to section 309(j) of the Communications Act of 1934 (47
U.S.C. 309(j)), of licenses for the use of bands of frequencies that--
``(A) in the aggregate span not less than 55 megahertz;
``(B) are located below 3 gigahertz;
``(C) have not, as of the date of enactment of this Act [Aug. 5,
1997]--
``(i) been designated by Commission regulation for
assignment pursuant to such section;
``(ii) been identified by the Secretary of Commerce pursuant
to section 113 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 923);
``(iii) been allocated for Federal Government use pursuant
to section 305 of the Communications Act of 1934 (47 U.S.C.
305);
``(iv) been designated for reallocation under section 337 of
the Communications Act of 1934 [47 U.S.C. 337] (as added by this
Act); or
``(v) been allocated or authorized for unlicensed use
pursuant to part 15 of the Commission's regulations (47 C.F.R.
Part 15), if the operation of services licensed pursuant to
competitive bidding would interfere with operation of end-user
products permitted under such regulations;
``(D) include frequencies at 2,110-2,150 megahertz; and
``(E) include 15 megahertz from within the bands of frequencies
at 1,990-2,110 megahertz.
``(2) Criteria for Reassignment.--In making available bands of
frequencies for competitive bidding pursuant to paragraph (1), the
Commission shall--
``(A) seek to promote the most efficient use of the
electromagnetic spectrum;
``(B) consider the cost of relocating existing uses to other
bands of frequencies or other means of communication;
``(C) consider the needs of existing public safety radio
services (as such services are described in section 309(j)(2)(A) of
the Communications Act of 1934, as amended by this Act);
``(D) comply with the requirements of international agreements
concerning spectrum allocations; and
``(E) coordinate with the Secretary of Commerce when there is
any impact on Federal Government spectrum use.
``(3) Use of bands at 2,110-2,150 megahertz.--The Commission shall
reallocate spectrum located at 2,110-2,150 megahertz for assignment by
competitive bidding unless the Commission determines that auction of
other spectrum (A) better serves the public interest, convenience, and
necessity, and (B) can reasonably be expected to produce greater
receipts. If the Commission makes such a determination, then the
Commission shall, within 2 years after the date of enactment of this Act
[Aug. 5, 1997], identify an alternative 40 megahertz, and report to the
Congress an identification of such alternative 40 megahertz for
assignment by competitive bidding.
``(4) Use of 15 megahertz from bands at 1,990-2,110 megahertz.--The
Commission shall reallocate 15 megahertz from spectrum located at 1,990-
2,110 megahertz for assignment by competitive bidding unless the
President determines such spectrum cannot be reallocated due to the need
to protect incumbent Federal systems from interference, and that
allocation of other spectrum (A) better serves the public interest,
convenience, and necessity, and (B) can reasonably be expected to
produce comparable receipts. If the President makes such a
determination, then the President shall, within 2 years after the date
of enactment of this Act, identify alternative bands of frequencies
totalling 15 megahertz, and report to the Congress an identification of
such alternative bands for assignment by competitive bidding.
``(5) Notification to the Secretary of Commerce.--The Commission
shall attempt to accommodate incumbent licensees displaced under this
section by relocating them to other frequencies available for allocation
by the Commission. The Commission shall notify the Secretary of Commerce
whenever the Commission is not able to provide for the effective
relocation of an incumbent licensee to a band of frequencies available
to the Commission for assignment. The notification shall include--
``(A) specific information on the incumbent licensee;
``(B) the bands the Commission considered for relocation of the
licensee;
``(C) the reasons the licensee cannot be accommodated in such
bands; and
``(D) the bands of frequencies identified by the Commission that
are--
``(i) suitable for the relocation of such licensee; and
``(ii) allocated for Federal Government use, but that could
be reallocated pursuant to part B of the National
Telecommunications and Information Administration Organization
Act (as amended by this Act) [part B (Secs. 131-135) of title I
of Pub. L. 102-538, see Tables for classification].''
Section Referred to in Other Sections
This section is referred to in sections 309, 923, 924 of this title.
