
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-553 Section 1(a)(2)]
[Document affected by Public Law 107-77]
[CITE: 47USC903]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
  CHAPTER 8--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
 
                SUBCHAPTER I--ORGANIZATION AND FUNCTIONS
 
Sec. 903. Spectrum management activities


(a) Revision of regulations

    Within 180 days after October 27, 1992, the Secretary of Commerce 
and the NTIA shall amend the Department of Commerce spectrum management 
document entitled ``Manual of Regulations and Procedures for Federal 
Radio Frequency Management'' to improve Federal spectrum management 
activities and shall publish in the Federal Register any changes in the 
regulations in such document.

(b) Requirements for revisions

    The amendments required by subsection (a) of this section shall--
        (1) provide for a period at the beginning of each meeting of the 
    Interdepartmental Radio Advisory Committee to be open to the public 
    to make presentations and receive advice, and provide the public 
    with other meaningful opportunities to make presentations and 
    receive advice;
        (2) include provisions that will require (A) publication in the 
    Federal Register of major policy proposals that are not classified 
    and that involve spectrum management, and (B) adequate opportunity 
    for public review and comment on those proposals;
        (3) include provisions that will require publication in the 
    Federal Register of major policy decisions that are not classified 
    and that involve spectrum management;
        (4) include provisions that will require that nonclassified 
    spectrum management information be made available to the public, 
    including access to electronic databases; and
        (5) establish procedures that provide for the prompt and 
    impartial consideration of requests for access to Government 
    spectrum by the public, which procedures shall include provisions 
    that will require the disclosure of the status and ultimate 
    disposition of any such request.

(c) Certification to Congress

    Not later than 180 days after October 27, 1992, the Secretary of 
Commerce shall certify to Congress that the Secretary has complied with 
this section.

(d) Radio services

                 (1) Assignments for radio services

        In assigning frequencies for mobile radio services and other 
    radio services, the Secretary of Commerce shall promote efficient 
    and cost-effective use of the spectrum to the maximum extent 
    feasible.

                (2) Authority to withhold assignments

        The Secretary of Commerce shall have the authority to withhold 
    or refuse to assign frequencies for mobile radio service or other 
    radio service in order to further the goal of making efficient and 
    cost-effective use of the spectrum.

                          (3) Spectrum plan

        By October 1, 1993, the Secretary of Commerce shall adopt and 
    commence implementation of a plan for Federal agencies with existing 
    mobile radio systems to use more spectrum-efficient technologies 
    that are at least as spectrum-efficient and cost-effective as 
    readily available commercial mobile radio systems. The plan shall 
    include a time schedule for implementation.

                       (4) Report to Congress

        By October 1, 1993, the Secretary of Commerce shall submit to 
    the Committee on Commerce, Science, and Transportation of the Senate 
    and the Committee on Energy and Commerce of the House of 
    Representatives a report summarizing the plan adopted under 
    paragraph (3), including the implementation schedule for the plan.

(e) Proof of compliance with FCC licensing requirements

                  (1) Amendment to manual required

        Within 90 days after August 10, 1993, the Secretary and the NTIA 
    shall amend the spectrum management document described in subsection 
    (a) of this section to require that--
            (A) no person or entity (other than an agency or 
        instrumentality of the United States) shall be permitted, after 
        1 year after August 10, 1993, to operate a radio station 
        utilizing a frequency that is authorized for the use of 
        government stations pursuant to section 902(b)(2)(A) of this 
        title for any non-government application unless such person or 
        entity has submitted to the NTIA proof, in a form prescribed by 
        such manual, that such person or entity has obtained a license 
        from the Commission; and
            (B) no person or entity (other than an agency or 
        instrumentality of the United States) shall be permitted, after 
        1 year after August 10, 1993, to utilize a radio station 
        belonging to the United States for any non-government 
        application unless such person or entity has submitted to the 
        NTIA proof, in a form prescribed by such manual, that such 
        person or entity has obtained a license from the Commission.

                       (2) Retention of forms

        The NTIA shall maintain on file the proofs submitted under 
    paragraph (1), or facsimiles thereof.

                          (3) Certification

        Within 1 year after August 10, 1993, the Secretary and the NTIA 
    shall certify to the Committee on Energy and Commerce of the House 
    of Representatives and the Committee on Commerce, Science, and 
    Transportation of the Senate that--
            (A) the amendments required by paragraph (1) have been 
        accomplished; and
            (B) the requirements of subparagraphs (A) and (B) of such 
        paragraph are being enforced.

(Pub. L. 102-538, title I, Sec. 104, Oct. 27, 1992, 106 Stat. 3537; Pub. 
L. 103-66, title VI, Sec. 6001(b), Aug. 10, 1993, 107 Stat. 387.)


                               Amendments

    1993--Subsec. (e). Pub. L. 103-66 added subsec. (e).

                         Change of Name

    Committee on Energy and Commerce of House of Representatives treated 
as referring to Committee on Commerce of House of Representatives by 
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 
of Title 2, The Congress.


Authorization of Use of Spectrum By, and Provision of Spectrum Functions 
                    to, Federal Entity; Reimbursement

    Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title II], Nov. 29, 1999, 
113 Stat. 1535, 1501A-26, provided in part: ``That hereafter, 
notwithstanding any other provision of law, NTIA [National 
Telecommunications and Information Administration] shall not authorize 
spectrum use or provide any spectrum functions pursuant to the National 
Telecommunications and Information Administration Organization Act, 47 
U.S.C. 902-903 [47 U.S.C. 901 et seq.], to any Federal entity without 
reimbursement as required by NTIA for such spectrum management costs, 
and Federal entities withholding payment of such cost shall not use 
spectrum''.
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 105-277, div. A, Sec. 101(b) [title II], Oct. 21, 1998, 112 
Stat. 2681-50, 2681-80.
    Pub. L. 105-119, title II, Nov. 26, 1997, 111 Stat. 2474.
    Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II], Sept. 30, 
1996, 110 Stat. 3009, 3009-35.

                  Section Referred to in Other Sections

    This section is referred to in section 927 of this title.
