§926 Authority to Recover Reassigned Frequencies

Summary

The President may take back frequencies that were given up by the Federal Government so they can be reassigned to Federal stations. If the frequencies were not yet set aside or assigned by the Commission under the Communications Act of 1934, the President must follow the frequency-substitution steps in section 924(b). If the frequencies were already allocated or assigned, the President must also follow section 924(b), and the required statement under section 924(b)(1)(B) must include a timetable for an orderly move to new frequencies and an estimate of the cost to displace users licensed by the Commission. The Federal Government must pay all direct costs of reclaiming frequencies, including equipment made unusable and costs to move operations, and Congress may appropriate money 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). This does not limit the President’s authority under section 706 of the Communications Act (47 U.S.C. 606).