47 U.S.C. § 925 — Distribution of frequencies by Commission
submitted 33 years ago by Pub. L. 102-538 to r/title-47-TELECOMMUNICATIONS · 514 words · no verdicts yet
This section directs the Commission to allocate and assign frequencies made available for reallocation. It sets deadlines, a staged 10-year plan for some frequencies, safeguards for technology and safety, and a 2002 deadline for frequencies in the second report.
(a) Frequencies immediately available. For frequencies made available for immediate reallocation under section 923(e)(2), the Commission* must, no later than 18 months after August 10, 1993, issue allocation* regulations and propose assignment* regulations.
(b) Other available frequencies. For frequencies made available under section 923(e)(3), the Commission must, within 1 year after receiving the initial report required by section 923(a), prepare, submit to the President and Congress, and implement a plan under the 1934 Act*. The plan must:
(1) Not propose immediate allocation and assignment of all the frequencies. Considering the Secretary's timetable under section 923(e), it must propose:
(A) Gradually allocating and assigning the remaining frequencies, after the reservation in subparagraph (B), over 10 years beginning when the plan is submitted; and
(B) Reserving a significant portion for allocation and assignment after those 10 years.
(2) Include provisions to ensure:
(A) Frequencies for new technologies and services consistent with section 7 of the 1934 Act;
(B) Frequencies to encourage development of those technologies; and
(C) Protection of life and property consistent with section 1 of the 1934 Act.
(3) Address both the feasibility of reallocating parts of the spectrum from current commercial and other non-Federal uses for more efficient spectrum use, and innovation and market developments that could affect the relative efficiency of different allocations.
(4) Not stop the Commission from allocating frequencies or assigning licenses for frequencies not in the plan.
(5) Not prevent the Commission from changing the plan in later proceedings.
(c) Frequencies identified in the second report.
(1) Plan and implementation. For frequencies made available under section 923(b)(3), the Commission must, within 1 year after receiving the second report required by section 923(a), prepare, submit to the President and Congress, and implement a plan for immediate allocation and assignment under the 1934 Act, following section 309(j) of that Act.
(2) Contents. The plan must be a schedule for allocating and assigning those frequencies under section 309(j), in time for the licenses or permits to be assigned by September 30, 2002.
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.
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—
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—
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
to reserve a significant portion of such frequencies for allocation and assignment beginning after the end of such 10-year period;
contain appropriate provisions to ensure—
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);
the availability of frequencies to stimulate the development of such technologies; and
the safety of life and property in accordance with the policies of section 1 of the 1934 Act (47 U.S.C. 151);
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;
not prevent the Commission from allocating frequencies, and assigning licenses to use frequencies, not included in the plan; and
not preclude the Commission from making changes to the plan in future proceedings.
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. § 151 et seq.] of all such frequencies in accordance with section 309(j) of such Act [47 U.S.C. 309(j)].
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.
Source credit: (Pub. L. 102–538, title I, § 115, as added Pub. L. 103–66, title VI, § 6001(a)(3), Aug. 10, 1993, 107 Stat. 385; amended Pub. L. 105–33, title III, § 3002(e)(4), Aug. 5, 1997, 111 Stat. 265.)
- 1993Enacted · Pub. L. 102-538 · 107 Stat. 385
- 1997Amended · Pub. L. 105-33 · 111 Stat. 265
A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-538 on 1993-08-10.
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