Title 47, Telegraphs, Telephones, and RadiotelegraphsRelease 119-110

§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 Sep 22, 2026|Official source

Summary

Within 1 year after February 22, 2012, the Federal Communications Commission (FCC) must start a process to change rules so unlicensed U‑NII devices can operate in the 5350–5470 MHz band. The FCC can only make that change if, working with the Assistant Secretary, it finds that licensed users will be protected by technical fixes (for example, dynamic frequency selection) and that Federal users’ main missions in that band will not be harmed. The Assistant Secretary must study known and proposed sharing technologies and the risk to Federal users if unlicensed U‑NII devices were allowed in the 5350–5470 MHz and 5850–5925 MHz bands, consulting the Department of Defense and other agencies. Reports must go to the FCC and to the House and Senate commerce committees by 8 months after February 22, 2012 for the 5350–5470 MHz band and by 18 months after February 22, 2012 for the 5850–5925 MHz band. The 5350–5470 MHz band means frequencies from 5350 megahertz to 5470 megahertz. The 5850–5925 MHz band means frequencies from 5850 megahertz to 5925 megahertz.

Full Legal Text

Title 47, §1453

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

(a)Modification of Commission regulations to allow certain unlicensed use
(1)In general
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)Required determinations
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)Study by NTIA
(1)In general
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)Submission
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)Definitions
In this section: (1) 5350–5470 MHz band (2) 5850–5925 MHz band

Reference

Citations & Metadata

Citation

47 U.S.C. § 1453

Title 47, Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Sep 22, 2026

Release point: 119-110