
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 106-398 Section 1[1705]]
[Document affected by Public Law 106-553 Section 1(a)(2)]
[CITE: 47USC921]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
  CHAPTER 8--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
 
           SUBCHAPTER II--TRANSFER OF AUCTIONABLE FREQUENCIES
 
Sec. 921. Definitions

    As used in this subchapter:
        (1) The term ``allocation'' means an entry in the National Table 
    of Frequency Allocations of a given frequency band for the purpose 
    of its use by one or more radiocommunication services.
        (2) The term ``assignment'' means an authorization given to a 
    station licensee to use specific frequencies or channels.
        (3) The term ``the 1934 Act'' means the Communications Act of 
    1934 (47 U.S.C. 151 et seq.).

(Pub. L. 102-538, title I, Sec. 111, as added Pub. L. 103-66, title VI, 
Sec. 6001(a)(3), Aug. 10, 1993, 107 Stat. 379.)

                       References in Text

    The Communications Act of 1934, referred to in par. (3), is act June 
19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified 
principally to chapter 5 (Sec. 151 et seq.) of this title. For complete 
classification of this Act to the Code, see section 609 of this title 
and Tables.


               Surrender of Department of Defense Spectrum

    Pub. L. 106-65, div. A, title X, Sec. 1062(b), Oct. 5, 1999, 113 
Stat. 768, provided that:
    ``(1) In general.--If, in order to make available for other use a 
band of frequencies of which it is a primary user, the Department of 
Defense is required to surrender use of such band of frequencies, the 
Department shall not surrender use of such band of frequencies until--
        ``(A) the National Telecommunications and Information 
    Administration, in consultation with the Federal Communications 
    Commission, identifies and makes available to the Department for its 
    primary use, if necessary, an alternative band or bands of 
    frequencies as a replacement for the band to be so surrendered; and
        ``(B) the Secretary of Commerce, the Secretary of Defense, and 
    the Chairman of the Joint Chiefs of Staff jointly certify to the 
    Committee on Armed Services and the Committee on Commerce, Science, 
    and Transportation of the Senate, and the Committee on Armed 
    Services and the Committee on Commerce of the House of 
    Representatives, that such alternative band or bands provides 
    comparable technical characteristics to restore essential military 
    capability that will be lost as a result of the band of frequencies 
    to be so surrendered.
    ``(2) Exception.--Paragraph (1) shall not apply to a band of 
frequencies that has been identified for reallocation in accordance with 
title VI of the Omnibus Budget Reconciliation Act of 1993 (Public Law 
103-66; 107 Stat. 379) [enacting sections 159 and 921 to 927 of this 
title and amending sections 152, 153, 156, 158, 309, 332, and 903 of 
this title] and title III of the Balanced Budget Act of 1997 (Public Law 
105-33, 111 Stat. 258) [enacting section 337 of this title, amending 
sections 153, 303, 309, and 923 to 925 of this title, and repealing 
provisions set out as a note under section 309 of this title], other 
than a band of frequencies that is reclaimed pursuant to subsection (c) 
[amending section 923 of this title and enacting provisions set out as a 
note below].''


 Reassignment to Federal Government for Use by Department of Defense of 
         Certain Frequency Spectrum Recommended for Reallocation

    Pub. L. 106-65, div. A, title X, Sec. 1062(c)(1), Oct. 5, 1999, 113 
Stat. 768, provided that: ``Notwithstanding any provision of the 
National Telecommunications and Information Administration Organization 
Act [47 U.S.C. 901 et seq.] or the Balanced Budget Act of 1997 [Pub. L. 
105-33, see Tables for classification], the President shall reclaim for 
exclusive Federal Government use on a primary basis by the Department of 
Defense--
        ``(A) the bands of frequencies aggregating 3 megahertz located 
    between 138 and 144 megahertz that were recommended for reallocation 
    in the second reallocation report under section 113(a) of that Act 
    [probably means 47 U.S.C. 923(a)]; and
        ``(B) the band of frequency aggregating 5 megahertz located 
    between 1385 megahertz and 1390 megahertz, inclusive, that was so 
    recommended for reallocation.''


           Assessment of Electromagnetic Spectrum Reallocation

    Pub. L. 102-538, title I, Sec. 156, as added by Pub. L. 106-65, div. 
A, title X, Sec. 1062(a), Oct. 5, 1999, 113 Stat. 767, provided that:
    ``(a) Review and Assessment of Electromagnetic Spectrum 
Reallocation.--
        ``(1) Review and assessment required.--The Secretary of 
    Commerce, acting through the Assistant Secretary and in coordination 
    with the Chairman of the Federal Communications Commission, shall 
    convene an interagency review and assessment of--
            ``(A) the progress made in implementation of national 
        spectrum planning;
            ``(B) the reallocation of Federal Government spectrum to 
        non-Federal use, in accordance with the amendments made by title 
        VI of the Omnibus Budget Reconciliation Act of 1993 (Public Law 
        103-66; 107 Stat. 379) [enacting sections 159 and 921 to 927 of 
        this title and amending sections 152, 153, 156, 158, 309, 332, 
        and 903 of this title] and title III of the Balanced Budget Act 
        of 1997 (Public Law 105-33; 111 Stat. 258) [enacting section 337 
        of this title, amending sections 153, 303, 309, and 923 to 925 
        of this title, and repealing provisions set out as a note under 
        section 309 of this title]; and
            ``(C) the implications for such reallocations to the 
        affected Federal executive agencies.
        ``(2) Coordination.--The assessment shall be conducted in 
    coordination with affected Federal executive agencies through the 
    Interdepartmental Radio Advisory Committee.
        ``(3) Cooperation and assistance.--Affected Federal executive 
    agencies shall cooperate with the Assistant Secretary in the conduct 
    of the review and assessment and furnish the Assistant Secretary 
    with such information, support, and assistance, not inconsistent 
    with law, as the Assistant Secretary may consider necessary in the 
    performance of the review and assessment.
        ``(4) Attention to particular subjects required.--In the conduct 
    of the review and assessment, particular attention shall be given 
    to--
            ``(A) the effect on critical military and intelligence 
        capabilities, civil space programs, and other Federal Government 
        systems used to protect public safety of the reallocated 
        spectrum described in paragraph (1)(B) of this subsection;
            ``(B) the anticipated impact on critical military and 
        intelligence capabilities, future military and intelligence 
        operational requirements, national defense modernization 
        programs, and civil space programs, and other Federal Government 
        systems used to protect public safety, of future potential 
        reallocations to non-Federal use of bands of the electromagnetic 
        spectrum that are currently allocated for use by the Federal 
        Government; and
            ``(C) future spectrum requirements of agencies in the 
        Federal Government.
    ``(b) Submission of Report.--The Secretary of Commerce, in 
coordination with the heads of the affected Federal executive agencies, 
and the Chairman of the Federal Communications Commission shall submit 
to the President, the Committee on Armed Services and the Committee on 
Commerce, Science, and Transportation of the Senate, and the Committee 
on Armed Services, the Committee on Commerce, and the Committee on 
Science of the House of Representatives, not later than October 1, 2000, 
a report providing the results of the assessment required by subsection 
(a).''
