§ 926. — Authority to recover reassigned frequencies.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC926]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 8--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
SUBCHAPTER II--TRANSFER OF AUCTIONABLE FREQUENCIES
Sec. 926. Authority to recover reassigned frequencies
(a) Authority of President
Subsequent to the withdrawal of assignment to Federal Government
stations pursuant to section 924 of this title, the President may
reclaim reassigned frequencies for reassignment to Federal Government
stations in accordance with this section.
(b) Procedure for reclaiming frequencies
(1) Unallocated frequencies
If the frequencies to be reclaimed have not been allocated or
assigned by the Commission pursuant to the 1934 Act [47 U.S.C. 151
et seq.], the President shall follow the procedures for substitution
of frequencies established by section 924(b) of this title.
(2) Allocated frequencies
If the frequencies to be reclaimed have been allocated or
assigned by the Commission, the President shall follow the
procedures for substitution of frequencies established by section
924(b) of this title, except that the statement required by section
924(b)(1)(B) of this title shall include--
(A) a timetable to accommodate an orderly transition for
licensees to obtain new frequencies and equipment necessary for
its utilization; and
(B) an estimate of the cost of displacing spectrum users
licensed by the Commission.
(c) Costs of reclaiming frequencies
The Federal Government shall bear all costs of reclaiming
frequencies pursuant to this section, including the cost of equipment
which is rendered unusable, the cost of relocating operations to a
different frequency, and any other costs that are directly attributable
to the reclaiming of the frequency pursuant to this section, and there
are authorized to be appropriated such sums as may be necessary to carry
out the purposes of this section.
(d) Effective date of reclaimed frequencies
The Commission shall not withdraw licenses for any reclaimed
frequencies until the end of the fiscal year following the fiscal year
in which a statement under section 924(b)(1)(B) of this title pertaining
to such frequencies is received by the Commission.
(e) Effect on other law
Nothing in this section shall be construed to limit or otherwise
affect the authority of the President under section 706 of the 1934 Act
(47 U.S.C. 606).
(Pub. L. 102-538, title I, Sec. 116, as added Pub. L. 103-66, title VI,
Sec. 6001(a)(3), Aug. 10, 1993, 107 Stat. 386.)
References in Text
For definition of the 1934 Act, referred to in subsec. (b)(1), see
section 921(3) of this title.
