Title 47Telegraphs, Telephones, and RadiotelegraphsRelease 119-73not60

§1453 Unlicensed Use in the 5 Ghz Band

Title 47 › Chapter 13— PUBLIC SAFETY COMMUNICATIONS AND ELECTROMAGNETIC SPECTRUM AUCTIONS › Subchapter IV— SPECTRUM AUCTION AUTHORITY › § 1453

Last updated Apr 5, 2026|Official source

Summary

The Federal Communications Commission (FCC) must start a rulemaking no later than 1 year after February 22, 2012 to consider allowing unlicensed U‑NII devices to operate in the 5350–5470 MHz band. The FCC can only make that change if, after consulting the Assistant Secretary, it finds that licensed users will be protected by technical sharing solutions (including things like dynamic frequency selection) and that Federal users’ primary missions in that band will not be harmed. The Assistant Secretary, with the Department of Defense and other agencies, must study sharing technologies and risks for the 5350–5470 MHz and 5850–5925 MHz bands and send reports to the FCC and to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The report on 5350–5470 MHz is due not later than 8 months after February 22, 2012, and the report on 5850–5925 MHz is due not later than 18 months after February 22, 2012. 5350–5470 MHz band: frequencies from 5350 megahertz to 5470 megahertz. 5850–5925 MHz band: frequencies from 5850 megahertz to 5925 megahertz.

Full Legal Text

Title 47, §1453

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

(a)(1)Subject to paragraph (2), not later than 1 year after February 22, 2012, the Commission shall begin a proceeding to modify part 15 of title 47, Code of Federal Regulations, to allow unlicensed U–NII devices to operate in the 5350–5470 MHz band.
(2)The Commission may make the modification described in paragraph (1) only if the Commission, in consultation with the Assistant Secretary, determines that—
(A)licensed users will be protected by technical solutions, including use of existing, modified, or new spectrum-sharing technologies and solutions, such as dynamic frequency selection; and
(B)the primary mission of Federal spectrum users in the 5350–5470 MHz band will not be compromised by the introduction of unlicensed devices.
(b)(1)The Assistant Secretary, in consultation with the Department of Defense and other impacted agencies, shall conduct a study evaluating known and proposed spectrum-sharing technologies and the risk to Federal users if unlicensed U–NII devices were allowed to operate in the 5350–5470 MHz band and in the 5850–5925 MHz band.
(2)The Assistant Secretary shall submit to the Commission and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
(A)not later than 8 months after February 22, 2012, a report on the portion of the study required by paragraph (1) with respect to the 5350–5470 MHz band; and
(B)not later than 18 months after February 22, 2012, a report on the portion of the study required by paragraph (1) with respect to the 5850–5925 MHz band.
(c)In this section:
(1)The term “5350–5470 MHz band” means the portion of the electromagnetic spectrum between the frequencies from 5350 megahertz to 5470 megahertz.
(2)The term “5850–5925 MHz band” means the portion of the electromagnetic spectrum between the frequencies from 5850 megahertz to 5925 megahertz.

Reference

Citations & Metadata

Citation

47 U.S.C. § 1453

Title 47Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Apr 5, 2026

Release point: 119-73not60