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

Summary

The President may take back radio frequencies that were reassigned away from federal stations so federal agencies can use them again. If the FCC has not assigned those frequencies, the President must follow the substitution steps in section 924(b). If the FCC has assigned them, the President still follows 924(b) but must include a timetable and a cost estimate for displacing licensees. The government must pay all direct costs; funds may be appropriated. The FCC cannot cancel licenses until the end of the fiscal year after it receives the section 924(b)(1)(B) statement. This does not limit the President’s authority under section 706.

Title 47, §926

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

(a)Subsequent to the withdrawal of assignment to Federal Government stations pursuant to section 924 of this title, the President may reclaim reassigned frequencies for reassignment to Federal Government stations in accordance with this section.

(b)(1)If the frequencies to be reclaimed have not been allocated or assigned by the Commission pursuant to the 1934 Act [47 U.S.C. 151 et seq.], the President shall follow the procedures for substitution of frequencies established by section 924(b) of this title.

(2)If the frequencies to be reclaimed have been allocated or assigned by the Commission, the President shall follow the procedures for substitution of frequencies established by section 924(b) of this title, except that the statement required by section 924(b)(1)(B) of this title shall include—

(A)a timetable to accommodate an orderly transition for licensees to obtain new frequencies and equipment necessary for its utilization; and

(B)an estimate of the cost of displacing spectrum users licensed by the Commission.

(c)The Federal Government shall bear all costs of reclaiming frequencies pursuant to this section, including the cost of equipment which is rendered unusable, the cost of relocating operations to a different frequency, and any other costs that are directly attributable to the reclaiming of the frequency pursuant to this section, and there are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.

(d)The Commission shall not withdraw licenses for any reclaimed frequencies until the end of the fiscal year following the fiscal year in which a statement under section 924(b)(1)(B) of this title pertaining to such frequencies is received by the Commission.

(e)Nothing in this section shall be construed to limit or otherwise affect the authority of the President under section 706 of the 1934 Act (47 U.S.C. 606).

Editorial Notes

References in Text

For definition of the 1934 Act, referred to in subsec. (b)(1), see section 921(3) of this title.

§926 Authority to Recover Reassigned Frequencies

Summary

Title 47, §926

Notes & Related Subsidiaries

Editorial Notes

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