Title 47 — Telegraphs, Telephones, and RadiotelegraphsRelease 119-73

§1508 National plan for unlicensed spectrum

Title 47 › Chapter CHAPTER 14— - MAKING OPPORTUNITIES FOR BROADBAND INVESTMENT AND LIMITING EXCESSIVE AND NEEDLESS OBSTACLES TO WIRELESS › § 1508

Last updated Apr 6, 2026|Official source

Summary

The FCC, working with the NTIA, must make a national plan within 18 months after March 23, 2018 to open up more radio frequencies for unlicensed or licensed-by-rule uses. Spectrum Relocation Fund — the federal fund set up for spectrum-related costs. Unlicensed or licensed-by-rule operations — non‑exclusive use of radio spectrum under FCC rules. The plan must show how to give consumers access to more spectrum across different frequency ranges. It must recommend specific steps the FCC and NTIA should take to allow those uses in new bands only if they follow the government’s spectrum policy, increase unlicensed opportunities or make spectrum use more efficient, do not cause harmful interference to federal or non‑federal users, and do not significantly hurt homeland or national security communications. The plan must also look at ways to improve sharing databases or access systems to make them more accurate, easier for users and makers, and protect sensitive government information. NTIA, with OMB, must add an appendix saying how to reform the Spectrum Relocation Fund so it can cover federal sharing costs and other allowed expenses. The FCC must send the plan to Congress and post it online within the 18‑month deadline. Nothing here gives extra protection from interference to unlicensed or licensed-by-rule users.

Full Legal Text

Title 47, §1508

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)In this section:

(1)The term “Spectrum Relocation Fund” means the Fund established under section 928 of this title.

(2)The term “unlicensed or licensed by rule operations” means the use of spectrum on a non-exclusive basis under—

(A)part 15 of title 47, Code of Federal Regulations; or

(B)licensing by rule under part 96 of title 47, Code of Federal Regulations.

(b)Not later than 18 months after March 23, 2018, the Commission, in consultation with the NTIA, shall develop a national plan for making additional radio frequency bands available for unlicensed or licensed by rule operations.

(c)The plan developed under this section shall—

(1)identify an approach that ensures that consumers have access to additional spectrum to conduct unlicensed or licensed by rule operations in a range of radio frequencies to meet consumer demand;

(2)recommend specific actions by the Commission and the NTIA to permit unlicensed or licensed by rule operations in additional radio frequency ranges that the Commission finds—

(A)are consistent with the statement of policy under section 1507(a) of this title;

(B)will—

(i)expand opportunities for unlicensed or licensed by rule operations in a spectrum band; or

(ii)otherwise improve spectrum utilization and intensity of use of bands where unlicensed or licensed by rule operations are already permitted;

(C)will not cause harmful interference to Federal or non-Federal users of such bands; and

(D)will not significantly impact homeland security or national security communications systems; and

(3)examine additional ways, with respect to existing and planned databases or spectrum access systems designed to promote spectrum sharing and access to spectrum for unlicensed or licensed by rule operations—

(A)to improve accuracy and efficacy;

(B)to reduce burdens on consumers, manufacturers, and service providers; and

(C)to protect sensitive Government information.

(d)To be included as an appendix as part of the plan developed under this section, the NTIA, in consultation with the Director of the Office of Management and Budget, shall share with the Commission recommendations about how to reform the Spectrum Relocation Fund—

(1)to address costs incurred by Federal entities related to sharing radio frequency bands with radio technologies conducting unlicensed or licensed by rule operations; and

(2)to ensure the Spectrum Relocation Fund has sufficient funds to cover—

(A)the costs described in paragraph (1); and

(B)other expenditures allowed of the Spectrum Relocation Fund under section 928 of this title.

(e)(1)Not later than 18 months after March 23, 2018, the Commission shall submit to the appropriate committees of Congress a report that describes the plan developed under this section, including any recommendations for legislative change.

(2)Not later than the date on which the Commission submits the report under paragraph (1), the Commission shall make the report publicly available on the website of the Commission.

(f)Nothing in this section confers any additional rights on unlicensed users or users licensed by rule under part 96 of title 47, Code of Federal Regulations, to protection from harmful interference.

Reference

Citations & Metadata

Citation

47 U.S.C. § 1508

Title 47 — Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Apr 6, 2026

Release point: 119-73