Title 47Telegraphs, Telephones, and RadiotelegraphsRelease 119-73

§926 Authority to recover reassigned frequencies

Title 47 › Chapter CHAPTER 8— - NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION › Subchapter SUBCHAPTER II— - TRANSFER OF AUCTIONABLE FREQUENCIES › § 926

Last updated Apr 6, 2026|Official source

Summary

The President may take back radio frequencies that were given up under section 924 and give them to Federal Government stations. If the FCC has not assigned those frequencies under the Communications Act of 1934, the President must use the frequency substitution steps in section 924(b). If the FCC has already assigned them, the President must still follow 924(b), but the required statement under section 924(b)(1)(B) must include a timetable to let licensees move to new frequencies and an estimate of the cost to displace FCC-licensed users. The Federal Government must pay all costs of taking back frequencies, including equipment made unusable, moving to new frequencies, and other direct costs, and funds may be appropriated as needed. The Commission cannot cancel licenses for reclaimed frequencies until the end of the fiscal year after the fiscal year in which it receives the statement under section 924(b)(1)(B). Nothing here limits the President’s authority under section 706 (47 U.S.C. 606).

Full Legal Text

Title 47, §926

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

(a)Subsequent to the withdrawal of assignment to Federal Government stations pursuant to section 924 of this title, the President may reclaim reassigned frequencies for reassignment to Federal Government stations in accordance with this section.
(b)(1)If the frequencies to be reclaimed have not been allocated or assigned by the Commission pursuant to the 1934 Act [47 U.S.C. 151 et seq.], the President shall follow the procedures for substitution of frequencies established by section 924(b) of this title.
(2)If the frequencies to be reclaimed have been allocated or assigned by the Commission, the President shall follow the procedures for substitution of frequencies established by section 924(b) of this title, except that the statement required by section 924(b)(1)(B) of this title shall include—
(A)a timetable to accommodate an orderly transition for licensees to obtain new frequencies and equipment necessary for its utilization; and
(B)an estimate of the cost of displacing spectrum users licensed by the Commission.
(c)The Federal Government shall bear all costs of reclaiming frequencies pursuant to this section, including the cost of equipment which is rendered unusable, the cost of relocating operations to a different frequency, and any other costs that are directly attributable to the reclaiming of the frequency pursuant to this section, and there are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.
(d)The Commission shall not withdraw licenses for any reclaimed frequencies until the end of the fiscal year following the fiscal year in which a statement under section 924(b)(1)(B) of this title pertaining to such frequencies is received by the Commission.
(e)Nothing in this section shall be construed to limit or otherwise affect the authority of the President under section 706 of the 1934 Act (47 U.S.C. 606).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

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

Reference

Citations & Metadata

Citation

47 U.S.C. § 926

Title 47Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Apr 6, 2026

Release point: 119-73