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47 U.S.C. § 1451 — Deadlines for auction of certain spectrum

submitted 14 years ago by Pub. L. 112-96 to r/title-47-TELECOMMUNICATIONS · 379 words · no verdicts yet

in plain englishAI-generated · not legal advice

The section requires the President and Commerce Secretary to identify and clear 15 megahertz of federal spectrum for non-federal use. It directs the FCC to reallocate specified bands for commercial use and auction licenses, subject to interference and relocation-cost rules.

(a) (1) The President must, within three years after February 22, 2012, begin withdrawing or changing the federal station assignment for the spectrum described in paragraph (2), and must notify the Commission within 30 days after finishing. (2) That spectrum is 15 megahertz between 1675 and 1710 megahertz identified under paragraph (3). (3) Within one year after February 22, 2012, the Secretary of Commerce must give the President a report identifying 15 megahertz in that range for transfer from federal to non-federal use. (b) (1) Despite section 309(j)(15)(A), within three years after February 22, 2012, and subject to paragraph (4), the Commission must allocate the paragraph (2) spectrum for commercial use and, through competitive bidding under section 309(j), grant new initial licenses for it under flexible-use service rules. (2) The spectrum is: (A) 1915–1920 megahertz; (B) 1995–2000 megahertz; (C) the spectrum in subsection (a)(2); (D) 2155–2180 megahertz; and (E) 15 contiguous megahertz identified by the Commission. (3) Paragraph (1) does not relieve the Commission of section 309(j)(16)(B)’s requirement concerning proceeds covering 110 percent of federal relocation or sharing costs. (4) If the Commission decides that either the 1915–1920 or 1995–2000 band cannot be used without harmful interference to commercial mobile-service licensees in 1930–1995 megahertz, it may not allocate that band for commercial use or grant licenses for it. (c) Omitted.

the actual law source: uscode.house.gov ↗public domain
(a) Clearing certain Federal spectrum
(1) In general

The President shall—

(A)

not later than 3 years after February 22, 2012, begin the process of withdrawing or modifying the assignment to a Federal Government station of the electromagnetic spectrum described in paragraph (2); and

(B)

not later than 30 days after completing the withdrawal or modification, notify the Commission that the withdrawal or modification is complete.

(2) Spectrum described

The electromagnetic spectrum described in this paragraph is the 15 megahertz of spectrum between 1675 megahertz and 1710 megahertz identified under paragraph (3).

(3) Identification by Secretary of Commerce

Not later than 1 year after February 22, 2012, the Secretary of Commerce shall submit to the President a report identifying 15 megahertz of spectrum between 1675 megahertz and 1710 megahertz for reallocation from Federal use to non-Federal use.

(b) Reallocation and auction
(1) In general

Notwithstanding paragraph (15)(A) of section 309(j) of this title, not later than 3 years after February 22, 2012, the Commission shall, except as provided in paragraph (4)—

(A)

allocate the spectrum described in paragraph (2) for commercial use; and

(B)

through a system of competitive bidding under such section, grant new initial licenses for the use of such spectrum, subject to flexible-use service rules.

(2) Spectrum described

The spectrum described in this paragraph is the following:

(A)

The frequencies between 1915 megahertz and 1920 megahertz.

(B)

The frequencies between 1995 megahertz and 2000 megahertz.

(C)

The frequencies described in subsection (a)(2).

(D)

The frequencies between 2155 megahertz and 2180 megahertz.

(E)

Fifteen megahertz of contiguous spectrum to be identified by the Commission.

(3) 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 this title.

(4) Determination by Commission

If the Commission determines that the band of frequencies described in paragraph (2)(A) or the band of frequencies described in paragraph (2)(B) cannot be used without causing harmful interference to commercial mobile service licensees in the frequencies between 1930 megahertz and 1995 megahertz, the Commission may not—

(A)

allocate such band for commercial use under paragraph (1)(A); or

(B)

grant licenses under paragraph (1)(B) for the use of such band.

(c) Omitted

Source credit: (Pub. L. 112–96, title VI, § 6401, Feb. 22, 2012, 126 Stat. 222.)

history & why it existsrecord from the source credit
  • 2012Enacted · Pub. L. 112-96 · 126 Stat. 222

A history note hasn’t been published yet. The record shows enactment by Pub. L. 112-96 on 2012-02-22.

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