§903 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

The Secretary of Commerce and the NTIA must update the Commerce Department’s radio frequency rules and publish the changes in the Federal Register within 180 days after October 27, 1992. The updates must open the start of each Interdepartmental Radio Advisory Committee meeting to public presentations and give other real chances for public input; require major unclassified spectrum policy proposals and decisions to be published and open for comment; make nonclassified spectrum information available to the public (including electronic databases); and set up fast, fair procedures for the public to ask for access to government spectrum, with clear disclosure of the request’s status and outcome. The Secretary must certify to Congress that these changes were made within 180 days after October 27, 1992. The Commerce Secretary must promote efficient, cost‑effective use of spectrum when assigning frequencies and may withhold assignments to meet that goal. By October 1, 1993, the Secretary must adopt and start a plan for Federal mobile radio systems to use technologies at least as spectrum‑efficient and cost‑effective as commercial systems and must report that plan and schedule to the named Congressional committees by that date. Within 90 days after August 10, 1993, the Secretary and NTIA must require proof of an FCC license before any non‑government party may use government‑authorized frequencies or U.S. government radio stations for non‑government uses after one year after August 10, 1993. NTIA must keep those proofs on file, and the Secretary and NTIA must certify to Congress within one year after August 10, 1993 that the amendments were made and are being enforced.

Title 47, §903

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

(a)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)The amendments required by subsection (a) 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)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)(1)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)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)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)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)(1)Within 90 days after August 10, 1993, the Secretary and the NTIA shall amend the spectrum management document described in subsection (a) 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)The NTIA shall maintain on file the proofs submitted under paragraph (1), or facsimiles thereof.

(3)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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

Statutory Notes and Related Subsidiaries

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. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. Authorization of Use of Spectrum By, and Provision of Spectrum Functions to, Federal Entity; Reimbursement Pub. L. 108–7, div. B, title II, Feb. 20, 2003, 117 Stat. 71, 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. 107–77, title II, Nov. 28, 2001, 115 Stat. 772. Pub. L. 106–553, § 1(a)(2) [title II], Dec. 21, 2000, 114 Stat. 2762, 2762A–72. Pub. L. 106–113, div. B, § 1000(a)(1) [title II], Nov. 29, 1999, 113 Stat. 1535, 1501A–26. Pub. L. 105–277, div. A, § 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, § 101(a) [title II], Sept. 30, 1996, 110 Stat. 3009, 3009–35.

§903 Spectrum management activities