§1502 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

By December 31, 2022, the Secretary, working through the NTIA, and the FCC must pick at least 255 megahertz of Federal and non‑Federal radio spectrum for mobile and fixed wireless broadband. At least 100 megahertz under 8000 MHz must be set aside for unlicensed use. At least 100 megahertz under 6000 MHz must be set aside for exclusive licensed commercial mobile use, with flexible licensing and allowing incumbent Federal users to keep using the band in certain places either indefinitely or for the time set in approved transition plans. At least 55 megahertz under 8000 MHz must be set aside as licensed, unlicensed, or a mix. The bands 1695–1710 MHz, 1755–1780 MHz, 2155–2180 MHz, and 3550–3700 MHz, and any band that had more than minimal mobile or fixed broadband use on the day before March 23, 2018, do not count. Eligible bands found after March 23, 2018, or made available on or after February 11, 2016, may count if they meet the rules. In choosing spectrum, they must protect key Federal capabilities, consider effects on state, local, and tribal users, international issues, enforcement needs, and rural deployment. The work must not change the OMB director’s budget duties, force disclosure of classified or law‑enforcement sensitive information, or override other statutory rules for reallocating Federal spectrum.

Title 47, §1502

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

(a)(1)Not later than December 31, 2022, the Secretary, working through the NTIA, and the Commission shall identify a total of at least 255 megahertz of Federal and non-Federal spectrum for mobile and fixed wireless broadband use.

(2)Of the spectrum identified under paragraph (1), not less than—

(A)100 megahertz below the frequency of 8000 megahertz shall be identified for use on an unlicensed basis;

(B)100 megahertz below the frequency of 6000 megahertz shall be identified for use on an exclusive, licensed basis for commercial mobile use, pursuant to the Commission’s authority to implement such licensing in a flexible manner, and subject to potential continued use of such spectrum by incumbent Federal entities in designated geographic areas indefinitely or for such length of time stipulated in transition plans approved by the Technical Panel under section 923(h) of this title for those incumbent entities to be relocated to alternate spectrum; and

(C)55 megahertz below the frequency of 8000 megahertz shall be identified for use on either a licensed or unlicensed basis, or a combination of licensed and unlicensed.

(3)For purposes of satisfying the requirement under paragraph (1), the following spectrum shall not be counted:

(A)The frequencies between 1695 and 1710 megahertz.

(B)The frequencies between 1755 and 1780 megahertz.

(C)The frequencies between 2155 and 2180 megahertz.

(D)The frequencies between 3550 and 3700 megahertz.

(E)Spectrum that the Commission determines had more than de minimis mobile or fixed wireless broadband operations within the band on the day before March 23, 2018.

(4)Spectrum identified pursuant to this section may include eligible spectrum, if any, identified after March 23, 2018, pursuant to title X of the Bipartisan Budget Act of 2015 (Public Law 114–74).

(5)Any spectrum that has been made available for licensed or unlicensed use on and after February 11, 2016, and that otherwise satisfies the requirements of this section may be counted towards the requirements of this subsection.

(6)This section shall be carried out in accordance with section 923(j) of this title.

(7)In identifying spectrum for use under this section, the Secretary, working through the NTIA, and Commission shall consider—

(A)the need to preserve critical existing and planned Federal Government capabilities;

(B)the impact on existing State, local, and tribal government capabilities;

(C)the international implications;

(D)the need for appropriate enforcement mechanisms and authorities; and

(E)the importance of the deployment of wireless broadband services in rural areas of the United States.

(b)Nothing in this section shall be construed—

(1)to impair or otherwise affect the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals;

(2)to require the disclosure of classified information, law enforcement sensitive information, or other information that must be protected in the interest of national security; or

(3)to affect any requirement under section 156 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 note), as added by section 1062(a) of the National Defense Authorization Act for Fiscal Year 2000, or any other relevant statutory requirement applicable to the reallocation of Federal spectrum.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Bipartisan Budget Act of 2015, referred to in subsec. (a)(4), is Pub. L. 114–74, Nov. 2, 2015, 129 Stat. 584. Title X of the Act, known as the Spectrum Pipeline Act of 2015, is title X of Pub. L. 114–74, Nov. 2, 2015, 129 Stat. 621. For complete classification of this Act to the Code, see

Short Title

of 2015 Amendment note set out under section 901 of this title and Tables. section 156 of the National Telecommunications and Information Administration Organization Act, as added by section 1062(a) of the National Defense Authorization Act for Fiscal Year 2000, referred to in subsec. (b)(3), is section 156 of title I of Pub. L. 102–538, as added by Pub. L. 106–65, div. A, title X, § 1062(a), Oct. 5, 1999, 113 Stat. 767, formerly set out as a note under section 921 of this title.

§1502 Identifying 255 Megahertz