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

§1508 National Plan for Unlicensed Spectrum

Title 47 › CHAPTER 14 — MAKING OPPORTUNITIES FOR BROADBAND INVESTMENT AND LIMITING EXCESSIVE AND NEEDLESS OBSTACLES TO WIRELESS › § 1508

Last updated Sep 22, 2026|Official source

Summary

The Commission (the Federal Communications Commission) must create a national plan, in consultation with the NTIA, within 18 months after March 23, 2018, to make more radio frequencies available for unlicensed or licensed-by-rule uses. Spectrum Relocation Fund — the fund set up under section 928. Unlicensed or licensed by rule operations — use of spectrum without an exclusive license under FCC rules (part 15 or part 96). The plan must show how to give consumers more access to radio spectrum and must recommend specific steps for the FCC and NTIA. Those steps must follow the policy in section 1507(a), either expand or better use spectrum where such uses are allowed, avoid harmful interference to federal and non-federal users, and not significantly harm homeland or national security communications. The plan must also look at ways to improve databases or spectrum access systems to make them more accurate, easier for users and manufacturers, and safer for sensitive government information. NTIA, with the OMB, must include an appendix with recommendations to reform the Spectrum Relocation Fund so federal sharing costs are covered and the fund stays sufficient for approved expenses. The Commission must send a report on the plan to the appropriate congressional committees within the same 18 months and post it on its website the same day. Nothing in the plan gives unlicensed users extra protection from harmful interference.

Full Legal Text

Title 47, §1508

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

(a)Definitions
In this section: (1) Spectrum Relocation Fund
(2)Unlicensed or licensed by rule operations
The term “unlicensed or licensed by rule operations” means the use of spectrum on a non-exclusive basis under—
(A)part 15 of title 47, Code of Federal Regulations; or
(B)licensing by rule under part 96 of title 47, Code of Federal Regulations.
(b)National plan
Not later than 18 months after March 23, 2018, the Commission, in consultation with the NTIA, shall develop a national plan for making additional radio frequency bands available for unlicensed or licensed by rule operations.
(c)Requirements
The plan developed under this section shall—
(1)identify an approach that ensures that consumers have access to additional spectrum to conduct unlicensed or licensed by rule operations in a range of radio frequencies to meet consumer demand;
(2)recommend specific actions by the Commission and the NTIA to permit unlicensed or licensed by rule operations in additional radio frequency ranges that the Commission finds—
(A)are consistent with the statement of policy under section 1507(a) of this title;
(B)will—
(i)expand opportunities for unlicensed or licensed by rule operations in a spectrum band; or
(ii)otherwise improve spectrum utilization and intensity of use of bands where unlicensed or licensed by rule operations are already permitted;
(C)will not cause harmful interference to Federal or non-Federal users of such bands; and
(D)will not significantly impact homeland security or national security communications systems; and
(3)examine additional ways, with respect to existing and planned databases or spectrum access systems designed to promote spectrum sharing and access to spectrum for unlicensed or licensed by rule operations—
(A)to improve accuracy and efficacy;
(B)to reduce burdens on consumers, manufacturers, and service providers; and
(C)to protect sensitive Government information.
(d)Spectrum Relocation Fund
To be included as an appendix as part of the plan developed under this section, the NTIA, in consultation with the Director of the Office of Management and Budget, shall share with the Commission recommendations about how to reform the Spectrum Relocation Fund—
(1)to address costs incurred by Federal entities related to sharing radio frequency bands with radio technologies conducting unlicensed or licensed by rule operations; and
(2)to ensure the Spectrum Relocation Fund has sufficient funds to cover—
(A)the costs described in paragraph (1); and
(B)other expenditures allowed of the Spectrum Relocation Fund under section 928 of this title.
(e)Report required
(1)In general
Not later than 18 months after March 23, 2018, the Commission shall submit to the appropriate committees of Congress a report that describes the plan developed under this section, including any recommendations for legislative change.
(2)Publication on commission website
Not later than the date on which the Commission submits the report under paragraph (1), the Commission shall make the report publicly available on the website of the Commission.
(f)Rule of construction
Nothing in this section confers any additional rights on unlicensed users or users licensed by rule under part 96 of title 47, Code of Federal Regulations, to protection from harmful interference.

Reference

Citations & Metadata

Citation

47 U.S.C. § 1508

Title 47, Telegraphs, Telephones, and Radiotelegraphs

Last Updated

Sep 22, 2026

Release point: 119-110