
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 47USC925]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
  CHAPTER 8--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
 
           SUBCHAPTER II--TRANSFER OF AUCTIONABLE FREQUENCIES
 
Sec. 925. Distribution of frequencies by Commission


(a) Allocation and assignment of immediately available frequencies

    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.

(b) Allocation and assignment of remaining available 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--
        (1) 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--
            (A) 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
            (B) to reserve a significant portion of such frequencies for 
        allocation and assignment beginning after the end of such 10-
        year period;

        (2) contain appropriate provisions to ensure--
            (A) 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);
            (B) the availability of frequencies to stimulate the 
        development of such technologies; and
            (C) the safety of life and property in accordance with the 
        policies of section 1 of the 1934 Act (47 U.S.C. 151);

        (3) 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;
        (4) not prevent the Commission from allocating frequencies, and 
    assigning licenses to use frequencies, not included in the plan; and
        (5) not preclude the Commission from making changes to the plan 
    in future proceedings.

(c) Allocation and assignment of frequencies identified in second 
        reallocation report

                     (1) Plan and implementation

        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. 
    Sec. 151 et seq.] of all such frequencies in accordance with section 
    309(j) of such Act [47 U.S.C. 309(j)].

                            (2) Contents

        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.

(Pub. L. 102-538, title I, Sec. 115, as added Pub. L. 103-66, title VI, 
Sec. 6001(a)(3), Aug. 10, 1993, 107 Stat. 385; amended Pub. L. 105-33, 
title III, Sec. 3002(e)(4), Aug. 5, 1997, 111 Stat. 265.)

                       References in Text

    For definition of the 1934 Act, referred to in subsecs. (b) and 
(c)(1), see section 921(3) of this title.


                               Amendments

    1997--Subsec. (b). Pub. L. 105-33, Sec. 3002(e)(4)(A), substituted 
``the initial reallocation report required'' for ``the report required'' 
in introductory provisions.
    Subsec. (c). Pub. L. 105-33, Sec. 3002(e)(4)(B), added subsec. (c).


   Accelerated Availability for Auction of 1,710-1,755 Megahertz From 
                       Initial Reallocation Report

    Section 3002(b) of Pub. L. 105-33 provided that: ``The band of 
frequencies located at 1,710-1,755 megahertz identified in the initial 
reallocation report under section 113(a) of the National 
Telecommunications and Information Administration Act (47 U.S.C. 923(a)) 
shall, notwithstanding the timetable recommended under section 113(e) of 
such Act and section 115(b)(1) of such Act [47 U.S.C. 925(b)(1)], be 
available in accordance with this subsection for assignment for 
commercial use. The Commission shall assign licenses for such use by 
competitive bidding commenced after January 1, 2001, pursuant to section 
309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)).''


 Commission Obligation To Make Additional Spectrum Available by Auction

    Section 3002(c) of Pub. L. 105-33 provided that:
    ``(1) In general.--The Commission shall complete all actions 
necessary to permit the assignment by September 30, 2002, by competitive 
bidding pursuant to section 309(j) of the Communications Act of 1934 (47 
U.S.C. 309(j)), of licenses for the use of bands of frequencies that--
        ``(A) in the aggregate span not less than 55 megahertz;
        ``(B) are located below 3 gigahertz;
        ``(C) have not, as of the date of enactment of this Act [Aug. 5, 
    1997]--
            ``(i) been designated by Commission regulation for 
        assignment pursuant to such section;
            ``(ii) been identified by the Secretary of Commerce pursuant 
        to section 113 of the National Telecommunications and 
        Information Administration Organization Act (47 U.S.C. 923);
            ``(iii) been allocated for Federal Government use pursuant 
        to section 305 of the Communications Act of 1934 (47 U.S.C. 
        305);
            ``(iv) been designated for reallocation under section 337 of 
        the Communications Act of 1934 [47 U.S.C. 337] (as added by this 
        Act); or
            ``(v) been allocated or authorized for unlicensed use 
        pursuant to part 15 of the Commission's regulations (47 C.F.R. 
        Part 15), if the operation of services licensed pursuant to 
        competitive bidding would interfere with operation of end-user 
        products permitted under such regulations;
        ``(D) include frequencies at 2,110-2,150 megahertz; and
        ``(E) include 15 megahertz from within the bands of frequencies 
    at 1,990-2,110 megahertz.
    ``(2) Criteria for Reassignment.--In making available bands of 
frequencies for competitive bidding pursuant to paragraph (1), the 
Commission shall--
        ``(A) seek to promote the most efficient use of the 
    electromagnetic spectrum;
        ``(B) consider the cost of relocating existing uses to other 
    bands of frequencies or other means of communication;
        ``(C) consider the needs of existing public safety radio 
    services (as such services are described in section 309(j)(2)(A) of 
    the Communications Act of 1934, as amended by this Act);
        ``(D) comply with the requirements of international agreements 
    concerning spectrum allocations; and
        ``(E) coordinate with the Secretary of Commerce when there is 
    any impact on Federal Government spectrum use.
    ``(3) Use of bands at 2,110-2,150 megahertz.--The Commission shall 
reallocate spectrum located at 2,110-2,150 megahertz for assignment by 
competitive bidding unless the Commission determines that auction of 
other spectrum (A) better serves the public interest, convenience, and 
necessity, and (B) can reasonably be expected to produce greater 
receipts. If the Commission makes such a determination, then the 
Commission shall, within 2 years after the date of enactment of this Act 
[Aug. 5, 1997], identify an alternative 40 megahertz, and report to the 
Congress an identification of such alternative 40 megahertz for 
assignment by competitive bidding.
    ``(4) Use of 15 megahertz from bands at 1,990-2,110 megahertz.--The 
Commission shall reallocate 15 megahertz from spectrum located at 1,990-
2,110 megahertz for assignment by competitive bidding unless the 
President determines such spectrum cannot be reallocated due to the need 
to protect incumbent Federal systems from interference, and that 
allocation of other spectrum (A) better serves the public interest, 
convenience, and necessity, and (B) can reasonably be expected to 
produce comparable receipts. If the President makes such a 
determination, then the President shall, within 2 years after the date 
of enactment of this Act, identify alternative bands of frequencies 
totalling 15 megahertz, and report to the Congress an identification of 
such alternative bands for assignment by competitive bidding.
    ``(5) Notification to the Secretary of Commerce.--The Commission 
shall attempt to accommodate incumbent licensees displaced under this 
section by relocating them to other frequencies available for allocation 
by the Commission. The Commission shall notify the Secretary of Commerce 
whenever the Commission is not able to provide for the effective 
relocation of an incumbent licensee to a band of frequencies available 
to the Commission for assignment. The notification shall include--
        ``(A) specific information on the incumbent licensee;
        ``(B) the bands the Commission considered for relocation of the 
    licensee;
        ``(C) the reasons the licensee cannot be accommodated in such 
    bands; and
        ``(D) the bands of frequencies identified by the Commission that 
    are--
            ``(i) suitable for the relocation of such licensee; and
            ``(ii) allocated for Federal Government use, but that could 
        be reallocated pursuant to part B of the National 
        Telecommunications and Information Administration Organization 
        Act (as amended by this Act) [part B (Secs. 131-135) of title I 
        of Pub. L. 102-538, see Tables for classification].''

                  Section Referred to in Other Sections

    This section is referred to in sections 309, 923, 924 of this title.
