US (United States) Code. Title 47. Chapter 8: National Telecomunications and Information Administration

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Telegraphs, telephones and radiotelegraphs

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-CITE-

47 USC CHAPTER 8 - NATIONAL TELECOMMUNICATIONS AND

INFORMATION ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 8 - NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

-HEAD-

CHAPTER 8 - NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

-MISC1-

SUBCHAPTER I - ORGANIZATION AND FUNCTIONS

Sec.

901. Definitions; findings; policy.

(a) Definitions.

(b) Findings.

(c) Policy.

902. Establishment; assigned functions.

(a) Establishment.

(b) Assigned functions.

903. Spectrum management activities.

(a) Revision of regulations.

(b) Requirements for revisions.

(c) Certification to Congress.

(d) Radio services.

(e) Proof of compliance with FCC licensing

requirements.

904. General administrative provisions.

(a) Interagency functions.

(b) Advisory committees and informal consultations

with industry.

(c) General provisions.

(d) Reorganization.

(e) Limitation on solicitations.

905. Omitted.

SUBCHAPTER II - TRANSFER OF AUCTIONABLE FREQUENCIES

921. Definitions.

922. National spectrum allocation planning.

923. Identification of reallocable frequencies.

(a) Identification required.

(b) Minimum amount of spectrum recommended.

(c) Criteria for identification.

(d) Procedure for identification of reallocable

bands of frequencies.

(e) Timetable for reallocation and limitation.

(f) Additional reallocation report.

(g) Relocation of Federal Government stations.

(h) Federal action to expedite spectrum transfer.

(i) "Federal entity" defined.

924. Withdrawal or limitation of assignment to Federal

Government stations.

(a) In general.

(b) Exceptions.

925. Distribution of frequencies by Commission.

(a) Allocation and assignment of immediately

available frequencies.

(b) Allocation and assignment of remaining

available frequencies.

(c) Allocation and assignment of frequencies

identified in second reallocation report.

926. Authority to recover reassigned frequencies.

(a) Authority of President.

(b) Procedure for reclaiming frequencies.

(c) Costs of reclaiming frequencies.

(d) Effective date of reclaimed frequencies.

(e) Effect on other law.

927. Existing allocation and transfer authority retained.

(a) Additional reallocation.

(b) Implementation of new technologies and

services.

SUBCHAPTER III - MISCELLANEOUS

941. Child-friendly second-level Internet domain.

(a) Responsibilities.

(b) Conditions of contracts.

(c) Requirements of new domain.

(d) Option periods for initial registry.

(e) Treatment of registry and other entities.

(f) Education.

(g) Coordination with Federal Government.

(h) Compliance report.

(i) Suspension of new domain.

(j) Definitions.

-End-

-CITE-

47 USC SUBCHAPTER I - ORGANIZATION AND FUNCTIONS 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 8 - NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SUBCHAPTER I - ORGANIZATION AND FUNCTIONS

-HEAD-

SUBCHAPTER I - ORGANIZATION AND FUNCTIONS

-End-

-CITE-

47 USC Sec. 901 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 8 - NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SUBCHAPTER I - ORGANIZATION AND FUNCTIONS

-HEAD-

Sec. 901. Definitions; findings; policy

-STATUTE-

(a) Definitions

In this chapter, the following definitions apply:

(1) The term "NTIA" means the National Telecommunications and

Information Administration.

(2) The term "Assistant Secretary" means the Assistant

Secretary for Communications and Information.

(3) The term "Secretary" means the Secretary of Commerce.

(4) The term "Commission" means the Federal Communications

Commission.

(5) The term "Corporation" means the Communications Satellite

Corporation authorized in title III of the Communications

Satellite Act of 1962 (47 U.S.C. 731 et seq.).

(b) Findings

The Congress finds the following:

(1) Telecommunications and information are vital to the public

welfare, national security, and competitiveness of the United

States.

(2) Rapid technological advances being made in the

telecommunications and information fields make it imperative that

the United States maintain effective national and international

policies and programs capable of taking advantage of continued

advancements.

(3) Telecommunications and information policies and

recommendations advancing the strategic interests and the

international competitiveness of the United States are essential

aspects of the Nation's involvement in international commerce.

(4) There is a critical need for competent and effective

telecommunications and information research and analysis and

national and international policy development, advice, and

advocacy by the executive branch of the Federal Government.

(5) As one of the largest users of the Nation's

telecommunications facilities and resources, the Federal

Government must manage its radio spectrum use and other internal

communications operations in the most efficient and effective

manner possible.

(6) It is in the national interest to codify the authority of

the National Telecommunications and Information Administration,

an agency in the Department of Commerce, as the executive branch

agency principally responsible for advising the President on

telecommunications and information policies, and for carrying out

the related functions it currently performs, as reflected in

Executive Order 12046.

(c) Policy

The NTIA shall seek to advance the following policies:

(1) Promoting the benefits of technological development in the

United States for all users of telecommunications and information

facilities.

(2) Fostering national safety and security, economic

prosperity, and the delivery of critical social services through

telecommunications.

(3) Facilitating and contributing to the full development of

competition, efficiency, and the free flow of commerce in

domestic and international telecommunications markets.

(4) Fostering full and efficient use of telecommunications

resources, including effective use of the radio spectrum by the

Federal Government, in a manner which encourages the most

beneficial uses thereof in the public interest.

(5) Furthering scientific knowledge about telecommunications

and information.

-SOURCE-

(Pub. L. 102-538, title I, Sec. 102, Oct. 27, 1992, 106 Stat.

3533.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original,

"this title", meaning title I of Pub. L. 102-538, Oct. 27, 1992,

106 Stat. 3533, which is classified principally to this chapter.

For complete classification of this Act to the Code, see Short

Title note below and Tables.

The Communications Satellite Act of 1962, referred to in subsec.

(a)(5), is Pub. L. 87-624, Aug. 31, 1962, 76 Stat. 419, as amended.

Title III of the Act is classified generally to subchapter III

(Sec. 731 et seq.) of chapter 6 of this title. For complete

classification of this Act to the Code, see Short Title note set

out under section 701 of this title and Tables.

Executive Order 12046, referred to in subsec. (b)(6), is set out

as a note under section 305 of this title.

-MISC1-

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-317, Sec. 1, Dec. 4, 2002, 116 Stat. 2766, provided

that: "This Act [enacting subchapter III of this chapter, amending

section 902 of this title, and enacting provisions set out as a

note under section 941 of this title] may be cited as the 'Dot Kids

Implementation and Efficiency Act of 2002'."

SHORT TITLE

Section 101 of title I of Pub. L. 102-538 provided that: "This

title [enacting this chapter, amending section 394 of this title,

and enacting provisions set out as a note under section 254r of

Title 42, The Public Health and Welfare] may be cited as the

'National Telecommunications and Information Administration

Organization Act'."

-EXEC-

EX. ORD. NO. 12382. PRESIDENT'S NATIONAL SECURITY

TELECOMMUNICATIONS ADVISORY COMMITTEE

Ex. Ord. No. 12382, Sept. 13, 1982, 47 F.R. 40531, as amended by

Ex. Ord. No. 13286, Feb. 28, 2003, 68 F.R. 10628, provided:

By the authority vested in me as President by the Constitution of

the United States of America, and in order to establish, in

accordance with the provisions of the Federal Advisory Committee

Act, as amended (5 U.S.C. App.), an advisory committee on National

Security Telecommunications, it is hereby ordered as follows:

Section 1. Establishment. (a) There is established the

President's National Security Telecommunications Advisory Committee

which shall be composed of no more than 30 members. These members

shall have particular knowledge and expertise in the field of

telecommunications and represent elements of the Nation's

telecommunications industry. Members of the Committee shall be

appointed by the President.

(b) The President shall annually designate a Chairman and a Vice

Chairman from among the members of the Committee.

(c) To assist the Committee in carrying out its functions, the

Committee may establish appropriate subcommittees or working groups

composed, in whole or in part, of individuals who are not members

of the Committee.

Sec. 2. Functions. (a) The Committee shall provide to the

President, through the Secretary of Homeland Security, among other

things, information and advice from the perspective of the

telecommunications industry with respect to the implementation of

Presidential Directive 53 (PD/NSC-53), National Security

Telecommunications Policy.

(b) The Committee shall provide information and advice to the

President, through the Secretary of Homeland Security, regarding

the feasibility of implementing specific measures to improve the

telecommunications aspects of our national security posture.

(c) The Committee shall provide technical information and advice

in the identification and solution of problems which the Committee

considers will affect national security telecommunications

capability.

(d) In the performance of its advisory duties, the Committee

shall conduct reviews and assessments of the effectiveness of the

implementation of PD/NSC-53, National Security Telecommunications

Policy.

(e) The Committee shall periodically report on matters in this

Section to the President, through the Secretary of Homeland

Security, in his capacity as Executive Agent for the National

Communications System.

Sec. 3. Administration. (a) The heads of Executive agencies

shall, to the extent permitted by law, provide the Committee such

information with respect to national security telecommunications

matters as it may require for the purpose of carrying out its

functions. Information supplied to the Committee shall not, to the

extent permitted by law, be available for public inspection.

(b) Members of the Committee shall serve without any compensation

for their work on the Committee. However, to the extent permitted

by law, they shall be entitled to travel expenses, including per

diem in lieu of subsistence.

(c) Any expenses of the Committee shall, to the extent permitted

by law, be paid from funds available to the Secretary of Homeland

Security.

Sec. 4. General. (a) Notwithstanding any other Executive Order,

the functions of the President under the Federal Advisory Committee

Act, as amended (5 U.S.C. App.), except that of reporting annually

to the Congress, which are applicable to the Committee, shall be

performed by the Secretary of Homeland Security, in accord with

guidelines and procedures established by the Administrator of

General Services.

(b) In accordance with the Federal Advisory Committee Act, as

amended, the Committee shall terminate on December 31, 1982, unless

sooner extended.

[Amendment by Ex. Ord. 13286 directing insertion of "through the

Secretary of Homeland Security," after "the President," in section

2(b) of Ex. Ord. 12382, was executed by inserting ", through the

Secretary of Homeland Security," after "the President".]

EXTENSION OF TERM OF PRESIDENT'S NATIONAL SECURITY

TELECOMMUNICATIONS ADVISORY COMMITTEE

Term of the President's National Security Telecommunications

Advisory Committee extended until Dec. 31, 1983, by Ex. Ord. No.

12399, Dec. 31, 1982, 48 F.R. 379, formerly set out as a note under

section 14 of the Federal Advisory Committee Act in the Appendix to

Title 5, Government Organization and Employees.

Term of the President's National Security Telecommunications

Advisory Committee extended until Sept. 30, 1985, by Ex. Ord. No.

12454, Dec. 29, 1983, 49 F.R. 343.

Term of the President's National Security Telecommunications

Advisory Committee extended until Sept. 30, 1987, by Ex. Ord. No.

12534, Sept. 30, 1985, 50 F.R. 40319, formerly set out as a note

under section 14 of the Federal Advisory Committee Act in the

Appendix to Title 5.

Term of the President's National Security Telecommunications

Advisory Committee extended until Sept. 30, 1989, by Ex. Ord. No.

12610, Sept. 30, 1987, 52 F.R. 36901, formerly set out as a note

under section 14 of the Federal Advisory Committee Act in the

Appendix to Title 5.

Term of the President's National Security Telecommunications

Advisory Committee extended until Sept. 30, 1991, by Ex. Ord. No.

12692, Sept. 29, 1989, 54 F.R. 40627, formerly set out as a note

under section 14 of the Federal Advisory Committee Act in the

Appendix to Title 5.

Term of the President's National Security Telecommunications

Advisory Committee extended until Sept. 30, 1993, by Ex. Ord. No.

12774, Sept. 27, 1991, 56 F.R. 49835, formerly set out as a note

under section 14 of the Federal Advisory Committee Act in the

Appendix to Title 5.

Term of the President's National Security Telecommunications

Advisory Committee extended until Sept. 30, 1995, by Ex. Ord. No.

12869, Sept. 30, 1993, 58 F.R. 51751, formerly set out as a note

under section 14 of the Federal Advisory Committee Act in the

Appendix to Title 5.

Term of the President's National Security Telecommunications

Advisory Committee extended until Sept. 30, 1997, by Ex. Ord. No.

12974, Sept. 29, 1995, 60 F.R. 51875, formerly set out as a note

under section 14 of the Federal Advisory Committee Act in the

Appendix to Title 5.

Term of the President's National Security Telecommunications

Advisory Committee extended until Sept. 30, 1999, by Ex. Ord. No.

13062, Sept. 29, 1997, 62 F.R. 51755, formerly set out as a note

under section 14 of the Federal Advisory Committee Act in the

Appendix to Title 5.

Term of the President's National Security Telecommunications

Advisory Committee extended until Sept. 30, 2001, by Ex. Ord. No.

13138, Sept. 30, 1999, 64 F.R. 53879, formerly set out as a note

under section 14 of the Federal Advisory Committee Act in the

Appendix to Title 5.

Term of the President's National Security Telecommunications

Advisory Committee extended until Sept. 30, 2003, by Ex. Ord. No.

13225, Sept. 28, 2001, 66 F.R. 50291, set out as a note under

section 14 of the Federal Advisory Committee Act in the Appendix to

Title 5.

-End-

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47 USC Sec. 902 01/06/03

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TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 8 - NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SUBCHAPTER I - ORGANIZATION AND FUNCTIONS

-HEAD-

Sec. 902. Establishment; assigned functions

-STATUTE-

(a) Establishment

(1) Administration

There shall be within the Department of Commerce an

administration to be known as the National Telecommunications and

Information Administration.

(2) Head of administration

The head of the NTIA shall be an Assistant Secretary of

Commerce for Communications and Information, who shall be

appointed by the President, by and with the advice and consent of

the Senate.

(b) Assigned functions

(1) In general

Subject to section 904(d) of this title, the Secretary shall

assign to the Assistant Secretary and the NTIA responsibility for

the performance of the Secretary's communications and information

functions.

(2) Communications and information functions

Subject to section 904(d) of this title, the functions to be

assigned by the Secretary under paragraph (1) include (but are

not limited to) the following functions transferred to the

Secretary by Reorganization Plan Number 1 of 1977 and Executive

Order 12046:

(A) The authority delegated by the President to the Secretary

to assign frequencies to radio stations or classes of radio

stations belonging to and operated by the United States,

including the authority to amend, modify, or revoke such

assignments, but not including the authority to make final

disposition of appeals from frequency assignments.

(B) The authority to authorize a foreign government to

construct and operate a radio station at the seat of Government

of the United States, but only upon recommendation of the

Secretary of State and after consultation with the Attorney

General and the Chairman of the Commission.

(C) Functions relating to the communications satellite

system, including authority vested in the President by section

201(a) of the Communications Satellite Act of 1962 (47 U.S.C.

721(a)) and delegated to the Secretary under Executive Order

12046, to -

(i) aid in the planning and development of the commercial

communications satellite system and the execution of a

national program for the operation of such a system;

(ii) conduct a continuous review of all phases of the

development and operation of such system, including the

activities of the Corporation;

(iii) coordinate, in consultation with the Secretary of

State, the activities of governmental agencies with

responsibilities in the field of telecommunications, so as to

ensure that there is full and effective compliance at all

times with the policies set forth in the Communications

Satellite Act of 1962 [47 U.S.C. 701 et seq.];

(iv) make recommendations to the President and others as

appropriate, with respect to steps necessary to ensure the

availability and appropriate utilization of the

communications satellite system for general governmental

purposes in consonance with section 201(a)(6) of the

Communications Satellite Act of 1962 (47 U.S.C. 721(a)(6));

(!1)

(v) help attain coordinated and efficient use of the

electromagnetic spectrum and the technical compatibility of

the communications satellite system with existing

communications facilities both in the United States and

abroad;

(vi) assist in the preparation of Presidential action

documents for consideration by the President as may be

appropriate under section 201(a) of the Communications

Satellite Act of 1962 (47 U.S.C. 721(a)), make necessary

recommendations to the President in connection therewith, and

keep the President informed with respect to the carrying out

of the Communications Satellite Act of 1962 [47 U.S.C. 701 et

seq.]; and

(vii) serve as the chief point of liaison between the

President and the Corporation.

(D) The authority to serve as the President's principal

adviser on telecommunications policies pertaining to the

Nation's economic and technological advancement and to the

regulation of the telecommunications industry.

(E) The authority to advise the Director of the Office of

Management and Budget on the development of policies relating

to the procurement and management of Federal telecommunications

systems.

(F) The authority to conduct studies and evaluations

concerning telecommunications research and development and

concerning the initiation, improvement, expansion, testing,

operation, and use of Federal telecommunications systems and

advising agencies of the results of such studies and

evaluations.

(G) Functions which involve -

(i) developing and setting forth, in coordination with the

Secretary of State and other interested agencies, plans,

policies, and programs which relate to international

telecommunications issues, conferences, and negotiations;

(ii) coordinating economic, technical, operational, and

related preparations for United States participation in

international telecommunications conferences and

negotiations; and

(iii) providing advice and assistance to the Secretary of

State on international telecommunications policies to

strengthen the position and serve the best interests of the

United States in support of the Secretary of State's

responsibility for the conduct of foreign affairs.

(H) The authority to provide for the coordination of the

telecommunications activities of the executive branch and

assist in the formulation of policies and standards for those

activities, including (but not limited to) considerations of

interoperability, privacy, security, spectrum use, and

emergency readiness.

(I) The authority to develop and set forth telecommunications

policies pertaining to the Nation's economic and technological

advancement and to the regulation of the telecommunications

industry.

(J) The responsibility to ensure that the views of the

executive branch on telecommunications matters are effectively

presented to the Commission and, in coordination with the

Director of the Office of Management and Budget, to the

Congress.

(K) The authority to establish policies concerning spectrum

assignments and use by radio stations belonging to and operated

by the United States.

(L) Functions which involve -

(i) developing, in cooperation with the Commission, a

comprehensive long-range plan for improved management of all

electromagnetic spectrum resources;

(ii) performing analysis, engineering, and administrative

functions, including the maintenance of necessary files and

data bases, as necessary for the performance of assigned

functions for the management of electromagnetic spectrum

resources;

(iii) conducting research and analysis of electromagnetic

propagation, radio systems characteristics, and operating

techniques affecting the utilization of the electromagnetic

spectrum in coordination with specialized, related research

and analysis performed by other Federal agencies in their

areas of responsibility; and

(iv) conducting research and analysis in the general field

of telecommunications sciences in support of assigned

functions and in support of other Government agencies.

(M) The authority to conduct studies and make recommendations

concerning the impact of the convergence of computer and

communications technology.

(N) The authority to coordinate Federal telecommunications

assistance to State and local governments.

(O) The authority to conduct and coordinate economic and

technical analyses of telecommunications policies, activities,

and opportunities in support of assigned functions.

(P) The authority to contract for studies and reports

relating to any aspect of assigned functions.

(Q) The authority to participate, as appropriate, in

evaluating the capability of telecommunications resources, in

recommending remedial actions, and in developing policy

options.

(R) The authority to participate with the National Security

Council and the Director of the Office of Science and

Technology Policy as they carry out their responsibilities

under sections 4-1, 4-2, and 4-3 of Executive Order 12046, with

respect to emergency functions, the national communication

system, and telecommunications planning functions.

(S) The authority to establish coordinating committees

pursuant to section 10 of Executive Order 11556.

(T) The authority to establish, as permitted by law, such

interagency committees and working groups composed of

representatives of interested agencies and consulting with such

departments and agencies as may be necessary for the effective

performance of assigned functions.

(3) Additional communications and information functions

In addition to the functions described in paragraph (2), the

Secretary under paragraph (1) -

(A) may assign to the NTIA the performance of functions under

section 504(a) of the Communications Satellite Act of 1962 (47

U.S.C. 753(a));

(B) shall assign to the NTIA the administration of the Public

Telecommunications Facilities Program under sections 390

through 393 of this title, and the National Endowment for

Children's Educational Television under section 394 of this

title; and

(C) shall assign to the NTIA responsibility for providing for

the establishment, and overseeing operation, of a second-level

Internet domain within the United States country code domain in

accordance with section 941 of this title.

-SOURCE-

(Pub. L. 102-538, title I, Sec. 103, Oct. 27, 1992, 106 Stat. 3534;

Pub. L. 107-317, Sec. 3, Dec. 4, 2002, 116 Stat. 2767.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Number 1 of 1977, referred to in subsec.

(b)(2), is set out in the Appendix to Title 5, Government

Organization and Employees.

Executive Order 12046, referred to in subsec. (b)(2), is set out

as a note under section 305 of this title.

The Communications Satellite Act of 1962, referred to in subsec.

(b)(2)(C)(iii), (vi), is Pub. L. 87-624, Aug. 31, 1962, 76 Stat.

419, as amended, which is classified generally to chapter 6 (Sec.

701 et seq.) of this title. For complete classification of this Act

to the Code, see Short Title note set out under section 701 of this

title and Tables.

Section 201(a)(6) of the Communications Satellite Act of 1962,

referred to in subsec. (b)(2)(C)(iv), was classified to section

721(a)(6) of this title and was omitted from the Code.

Executive Order 11556, referred to in subsec. (b)(2)(S), which

was formerly set out as a note under section 305 of this title was

revoked by Ex. Ord. No. 12046, set out as a note under section 305

of this title. Section 10 of Ex. Ord. No. 11556 related to advisory

committees established by the Director of the former Office of

Telecommunications Policy.

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(3)(C). Pub. L. 107-317 added subpar. (C).

STUDY OF TECHNOLOGY PROTECTION MEASURES

Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1703],

Dec. 21, 2000, 114 Stat. 2763, 2763A-336, provided that:

"(a) In General. - Not later than 18 months after the date of the

enactment of this Act [Dec. 21, 2000], the National

Telecommunications and Information Administration shall initiate a

notice and comment proceeding for purposes of -

"(1) evaluating whether or not currently available technology

protection measures, including commercial Internet blocking and

filtering software, adequately addresses the needs of educational

institutions;

"(2) making recommendations on how to foster the development of

measures that meet such needs; and

"(3) evaluating the development and effectiveness of local

Internet safety policies that are currently in operation after

community input.

"(b) Definitions. - In this section:

"(1) Technology protection measure. - The term 'technology

protection measure' means a specific technology that blocks or

filters Internet access to visual depictions that are -

"(A) obscene, as that term is defined in section 1460 of

title 18, United States Code;

"(B) child pornography, as that term is defined in section

2256 of title 18, United States Code; or

"(C) harmful to minors.

"(2) Harmful to minors. - The term 'harmful to minors' means

any picture, image, graphic image file, or other visual depiction

that -

"(A) taken as a whole and with respect to minors, appeals to

a prurient interest in nudity, sex, or excretion;

"(B) depicts, describes, or represents, in a patently

offensive way with respect to what is suitable for minors, an

actual or simulated sexual act or sexual contact, actual or

simulated normal or perverted sexual acts, or a lewd exhibition

of the genitals; and

"(C) taken as a whole, lacks serious literary, artistic,

political, or scientific value as to minors.

"(3) Sexual act; sexual contact. - The terms 'sexual act' and

'sexual contact' have the meanings given such terms in section

2246 of title 18, United States Code."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 903, 904 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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47 USC Sec. 903 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 8 - NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SUBCHAPTER I - ORGANIZATION AND FUNCTIONS

-HEAD-

Sec. 903. Spectrum management activities

-STATUTE-

(a) Revision of regulations

Within 180 days after October 27, 1992, the Secretary of Commerce

and the NTIA shall amend the Department of Commerce spectrum

management document entitled "Manual of Regulations and Procedures

for Federal Radio Frequency Management" to improve Federal spectrum

management activities and shall publish in the Federal Register any

changes in the regulations in such document.

(b) Requirements for revisions

The amendments required by subsection (a) of this section shall -

(1) provide for a period at the beginning of each meeting of

the Interdepartmental Radio Advisory Committee to be open to the

public to make presentations and receive advice, and provide the

public with other meaningful opportunities to make presentations

and receive advice;

(2) include provisions that will require (A) publication in the

Federal Register of major policy proposals that are not

classified and that involve spectrum management, and (B) adequate

opportunity for public review and comment on those proposals;

(3) include provisions that will require publication in the

Federal Register of major policy decisions that are not

classified and that involve spectrum management;

(4) include provisions that will require that nonclassified

spectrum management information be made available to the public,

including access to electronic databases; and

(5) establish procedures that provide for the prompt and

impartial consideration of requests for access to Government

spectrum by the public, which procedures shall include provisions

that will require the disclosure of the status and ultimate

disposition of any such request.

(c) Certification to Congress

Not later than 180 days after October 27, 1992, the Secretary of

Commerce shall certify to Congress that the Secretary has complied

with this section.

(d) Radio services

(1) Assignments for radio services

In assigning frequencies for mobile radio services and other

radio services, the Secretary of Commerce shall promote efficient

and cost-effective use of the spectrum to the maximum extent

feasible.

(2) Authority to withhold assignments

The Secretary of Commerce shall have the authority to withhold

or refuse to assign frequencies for mobile radio service or other

radio service in order to further the goal of making efficient

and cost-effective use of the spectrum.

(3) Spectrum plan

By October 1, 1993, the Secretary of Commerce shall adopt and

commence implementation of a plan for Federal agencies with

existing mobile radio systems to use more spectrum-efficient

technologies that are at least as spectrum-efficient and

cost-effective as readily available commercial mobile radio

systems. The plan shall include a time schedule for

implementation.

(4) Report to Congress

By October 1, 1993, the Secretary of Commerce shall submit to

the Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Energy and Commerce of the House of

Representatives a report summarizing the plan adopted under

paragraph (3), including the implementation schedule for the

plan.

(e) Proof of compliance with FCC licensing requirements

(1) Amendment to manual required

Within 90 days after August 10, 1993, the Secretary and the

NTIA shall amend the spectrum management document described in

subsection (a) of this section to require that -

(A) no person or entity (other than an agency or

instrumentality of the United States) shall be permitted, after

1 year after August 10, 1993, to operate a radio station

utilizing a frequency that is authorized for the use of

government stations pursuant to section 902(b)(2)(A) of this

title for any non-government application unless such person or

entity has submitted to the NTIA proof, in a form prescribed by

such manual, that such person or entity has obtained a license

from the Commission; and

(B) no person or entity (other than an agency or

instrumentality of the United States) shall be permitted, after

1 year after August 10, 1993, to utilize a radio station

belonging to the United States for any non-government

application unless such person or entity has submitted to the

NTIA proof, in a form prescribed by such manual, that such

person or entity has obtained a license from the Commission.

(2) Retention of forms

The NTIA shall maintain on file the proofs submitted under

paragraph (1), or facsimiles thereof.

(3) Certification

Within 1 year after August 10, 1993, the Secretary and the NTIA

shall certify to the Committee on Energy and Commerce of the

House of Representatives and the Committee on Commerce, Science,

and Transportation of the Senate that -

(A) the amendments required by paragraph (1) have been

accomplished; and

(B) the requirements of subparagraphs (A) and (B) of such

paragraph are being enforced.

-SOURCE-

(Pub. L. 102-538, title I, Sec. 104, Oct. 27, 1992, 106 Stat. 3537;

Pub. L. 103-66, title VI, Sec. 6001(b), Aug. 10, 1993, 107 Stat.

387.)

-MISC1-

AMENDMENTS

1993 - Subsec. (e). Pub. L. 103-66 added subsec. (e).

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC2-

AUTHORIZATION OF USE OF SPECTRUM BY, AND PROVISION OF SPECTRUM

FUNCTIONS TO, FEDERAL ENTITY; REIMBURSEMENT

Pub. L. 107-77, title II, Nov. 28, 2001, 115 Stat. 772, provided

in part: "That hereafter, notwithstanding any other provision of

law, NTIA [National Telecommunications and Information

Administration] shall not authorize spectrum use or provide any

spectrum functions pursuant to the National Telecommunications and

Information Administration Organization Act, 47 U.S.C. 902-903 [47

U.S.C. 901 et seq.], to any Federal entity without reimbursement as

required by NTIA for such spectrum management costs, and Federal

entities withholding payment of such cost shall not use spectrum".

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-553, Sec. 1(a)(2) [title II], Dec. 21, 2000, 114

Stat. 2762, 2762A-72.

Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title II], Nov. 29,

1999, 113 Stat. 1535, 1501A-26.

Pub. L. 105-277, div. A, Sec. 101(b) [title II], Oct. 21, 1998,

112 Stat. 2681-50, 2681-80.

Pub. L. 105-119, title II, Nov. 26, 1997, 111 Stat. 2474.

Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II], Sept.

30, 1996, 110 Stat. 3009, 3009-35.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 927 of this title.

-End-

-CITE-

47 USC Sec. 904 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 8 - NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SUBCHAPTER I - ORGANIZATION AND FUNCTIONS

-HEAD-

Sec. 904. General administrative provisions

-STATUTE-

(a) Interagency functions

(1) Agency consultation

Federal agencies shall consult with the Assistant Secretary and

the NTIA to ensure that the conduct of telecommunications

activities by such agencies is consistent with the policies

developed under section 902(b)(2)(K) of this title.

(2) Report to President

The Secretary shall timely submit to the President each year

the report (including evaluations and recommendations) provided

for in section 744(a) (!1) of this title.

(3) Coordination with Secretary of State

The Secretary shall coordinate with the Secretary of State the

performance of the functions described in section 902(b)(2)(C) of

this title. The Corporation and concerned executive agencies

shall provide the Secretary with such assistance, documents, and

other cooperation as will enable the Secretary to carry out those

functions.

(b) Advisory committees and informal consultations with industry

To the extent the Assistant Secretary deems it necessary to

continue the Interdepartmental Radio Advisory Committee, such

Committee shall serve as an advisory committee to the Assistant

Secretary and the NTIA. As permitted by law, the Assistant

Secretary may establish one or more telecommunications or

information advisory committees (or both) composed of experts in

the telecommunications and/or information areas outside the

Government. The NTIA may also informally consult with industry as

appropriate to carry out the most effective performance of its

functions.

(c) General provisions

(1) Regulations

The Secretary and NTIA shall issue such regulations as may be

necessary to carry out the functions assigned under this chapter.

(2) Support and assistance from other agencies

All executive agencies are authorized and directed to cooperate

with the NTIA and to furnish it with such information, support,

and assistance, not inconsistent with law, as it may require in

the performance of its functions.

(3) Effect on vested functions

Nothing in this chapter reassigns any function that is, on

October 27, 1992, vested by law or executive order in the

Commission, or the Department of State, or any officer thereof.

(d) Reorganization

(1) Authority to reorganize

Subject to paragraph (2), the Secretary may reassign to another

unit of the Department of Commerce a function (or portion

thereof) required to be assigned to the NTIA by section 902(b) of

this title.

(2) Limitation on authority

The Secretary may not make any reassignment of a function (or

portion thereof) required to be assigned to the NTIA by section

902(b) of this title unless the Secretary submits to the

Committee on Commerce, Science, and Transportation of the Senate

and the Committee on Energy and Commerce of the House of

Representatives a statement describing the proposed reassignment

and containing an explanation of the reasons for the

reassignment. No reassignment of any such function (or portion

thereof) shall be effective until 90 legislative days after the

Secretary submits that statement to such Committees. For purposes

of this paragraph, the term "legislative days" includes only days

on which both Houses of Congress are in session.

(e) Limitation on solicitations

Notwithstanding section 1522 of title 15, neither the Secretary,

the Assistant Secretary, nor any officer or employee of the NTIA

shall solicit any gift or bequest of property, both real and

personal, from any entity for the purpose of furthering the

authorized functions of the NTIA if such solicitation would create

a conflict of interest or an appearance of a conflict of interest.

-SOURCE-

(Pub. L. 102-538, title I, Sec. 105, Oct. 27, 1992, 106 Stat.

3538.)

-REFTEXT-

REFERENCES IN TEXT

Section 744(a) of this title, referred to in subsec. (a)(2), was

repealed by Pub. L. 103-414, title III, Sec. 304(b)(4)(A), Oct. 25,

1994, 108 Stat. 4297.

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC1-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by Congress, its duration is otherwise

provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 902 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

47 USC Sec. 905 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 8 - NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SUBCHAPTER I - ORGANIZATION AND FUNCTIONS

-HEAD-

Sec. 905. Omitted

-COD-

CODIFICATION

Section, Pub. L. 95-567, title IV, Sec. 402, Nov. 2, 1978, 92

Stat. 2424, which required the National Telecommunications and

Information Administration to submit an annual report to Congress

on activities of the Administration with respect to domestic

communications, international communications, Federal Government

communications, spectrum plans and policies, and other matters,

terminated, effective May 15, 2000, pursuant to section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance. See, also, 1st item on page 55 of

House Document No. 103-7.

-End-

-CITE-

47 USC SUBCHAPTER II - TRANSFER OF AUCTIONABLE

FREQUENCIES 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 8 - NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SUBCHAPTER II - TRANSFER OF AUCTIONABLE FREQUENCIES

-HEAD-

SUBCHAPTER II - TRANSFER OF AUCTIONABLE FREQUENCIES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 309 of this title.

-End-

-CITE-

47 USC Sec. 921 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 8 - NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SUBCHAPTER II - TRANSFER OF AUCTIONABLE FREQUENCIES

-HEAD-

Sec. 921. Definitions

-STATUTE-

As used in this subchapter:

(1) The term "allocation" means an entry in the National Table

of Frequency Allocations of a given frequency band for the

purpose of its use by one or more radiocommunication services.

(2) The term "assignment" means an authorization given to a

station licensee to use specific frequencies or channels.

(3) The term "the 1934 Act" means the Communications Act of

1934 (47 U.S.C. 151 et seq.).

-SOURCE-

(Pub. L. 102-538, title I, Sec. 111, as added Pub. L. 103-66, title

VI, Sec. 6001(a)(3), Aug. 10, 1993, 107 Stat. 379.)

-REFTEXT-

REFERENCES IN TEXT

The Communications Act of 1934, referred to in par. (3), is act

June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is

classified principally to chapter 5 (Sec. 151 et seq.) of this

title. For complete classification of this Act to the Code, see

section 609 of this title and Tables.

-MISC1-

STUDY AND REPORT ON CURRENT AND FUTURE SPECTRUM USE

Pub. L. 106-553, Sec. 1(a)(2) [title II], Dec. 21, 2000, 114

Stat. 2762, 2762A-73, provided in part: "That the Administrator

shall, after consultation with other federal departments and

agencies responsible for regulating the core operations of entities

engaged in the provision of energy, water and railroad services,

complete and submit to Congress, not later than twelve months after

date of enactment of this subsection, a study of the current and

future use of spectrum by these entities to protect and maintain

the nation's critical infrastructure: Provided further, That within

six months after the release of this study, the Chairman of the

Federal Communications Commission shall submit a report to Congress

on the actions that could be taken by the Commission to address any

needs identified in the Administrator's study."

REPORT ON PROGRESS ON SPECTRUM SHARING

Pub. L. 106-398, Sec. 1 [[div. A], title XVII, Sec. 1705], Oct.

30, 2000, 114 Stat. 1654, 1654A-366, provided that:

"(a) Study Required. - The Secretary of Defense, in consultation

with the Attorney General and the Secretary of Commerce, shall

provide for the conduct of an engineering study to identify -

"(1) any portion of the 138-144 megahertz band that the

Department of Defense can share in various geographic regions

with public safety radio services;

"(2) any measures required to prevent harmful interference

between Department of Defense systems and the public safety

systems proposed for operation on those frequencies; and

"(3) a reasonable schedule for implementation of such sharing

of frequencies.

"(b) Submission of Interim Report. - Within one year after the

date of the enactment of this Act [Oct. 30, 2000], the Secretary of

Defense shall submit to the Committee on Armed Services of the

Senate and the Committee on Armed Services of the House of

Representatives an interim report on the progress of the study

conducted pursuant to subsection (a).

"(c) Report. - Not later than January 1, 2002, the Secretary of

Commerce and the Chairman of the Federal Communications Commission

shall jointly submit a report to Congress on alternative

frequencies available for use by public safety systems."

SURRENDER OF DEPARTMENT OF DEFENSE SPECTRUM

Pub. L. 106-65, div. A, title X, Sec. 1062(b), Oct. 5, 1999, 113

Stat. 768, provided that:

"(1) In general. - If, in order to make available for other use a

band of frequencies of which it is a primary user, the Department

of Defense is required to surrender use of such band of

frequencies, the Department shall not surrender use of such band of

frequencies until -

"(A) the National Telecommunications and Information

Administration, in consultation with the Federal Communications

Commission, identifies and makes available to the Department for

its primary use, if necessary, an alternative band or bands of

frequencies as a replacement for the band to be so surrendered;

and

"(B) the Secretary of Commerce, the Secretary of Defense, and

the Chairman of the Joint Chiefs of Staff jointly certify to the

Committee on Armed Services and the Committee on Commerce,

Science, and Transportation of the Senate, and the Committee on

Armed Services and the Committee on Commerce [now Committee on

Energy and Commerce] of the House of Representatives, that such

alternative band or bands provides comparable technical

characteristics to restore essential military capability that

will be lost as a result of the band of frequencies to be so

surrendered.

"(2) Exception. - Paragraph (1) shall not apply to a band of

frequencies that has been identified for reallocation in accordance

with title VI of the Omnibus Budget Reconciliation Act of 1993

(Public Law 103-66; 107 Stat. 379) [enacting sections 159 and 921

to 927 of this title and amending sections 152, 153, 156, 158, 309,

332, and 903 of this title] and title III of the Balanced Budget

Act of 1997 (Public Law 105-33, 111 Stat. 258) [enacting section

337 of this title, amending sections 153, 303, 309, and 923 to 925

of this title, and repealing provisions set out as a note under

section 309 of this title], other than a band of frequencies that

is reclaimed pursuant to subsection (c) [amending section 923 of

this title and enacting provisions set out as a note below]."

REASSIGNMENT TO FEDERAL GOVERNMENT FOR USE BY DEPARTMENT OF DEFENSE

OF CERTAIN FREQUENCY SPECTRUM RECOMMENDED FOR REALLOCATION

Pub. L. 106-65, div. A, title X, Sec. 1062(c)(1), Oct. 5, 1999,

113 Stat. 768, provided that: "Notwithstanding any provision of the

National Telecommunications and Information Administration

Organization Act [47 U.S.C. 901 et seq.] or the Balanced Budget Act

of 1997 [Pub. L. 105-33, see Tables for classification], the

President shall reclaim for exclusive Federal Government use on a

primary basis by the Department of Defense -

"(A) the bands of frequencies aggregating 3 megahertz located

between 138 and 144 megahertz that were recommended for

reallocation in the second reallocation report under section

113(a) of that Act [probably means 47 U.S.C. 923(a)]; and

"(B) the band of frequency aggregating 5 megahertz located

between 1385 megahertz and 1390 megahertz, inclusive, that was so

recommended for reallocation."

ASSESSMENT OF ELECTROMAGNETIC SPECTRUM REALLOCATION

Pub. L. 102-538, title I, Sec. 156, as added by Pub. L. 106-65,

div. A, title X, Sec. 1062(a), Oct. 5, 1999, 113 Stat. 767,

provided that:

"(a) Review and Assessment of Electromagnetic Spectrum

Reallocation. -

"(1) Review and assessment required. - The Secretary of

Commerce, acting through the Assistant Secretary and in

coordination with the Chairman of the Federal Communications

Commission, shall convene an interagency review and assessment of

-

"(A) the progress made in implementation of national spectrum

planning;

"(B) the reallocation of Federal Government spectrum to

non-Federal use, in accordance with the amendments made by

title VI of the Omnibus Budget Reconciliation Act of 1993

(Public Law 103-66; 107 Stat. 379) [enacting sections 159 and

921 to 927 of this title and amending sections 152, 153, 156,

158, 309, 332, and 903 of this title] and title III of the

Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 258)

[enacting section 337 of this title, amending sections 153,

303, 309, and 923 to 925 of this title, and repealing

provisions set out as a note under section 309 of this title];

and

"(C) the implications for such reallocations to the affected

Federal executive agencies.

"(2) Coordination. - The assessment shall be conducted in

coordination with affected Federal executive agencies through the

Interdepartmental Radio Advisory Committee.

"(3) Cooperation and assistance. - Affected Federal executive

agencies shall cooperate with the Assistant Secretary in the

conduct of the review and assessment and furnish the Assistant

Secretary with such information, support, and assistance, not

inconsistent with law, as the Assistant Secretary may consider

necessary in the performance of the review and assessment.

"(4) Attention to particular subjects required. - In the

conduct of the review and assessment, particular attention shall

be given to -

"(A) the effect on critical military and intelligence

capabilities, civil space programs, and other Federal

Government systems used to protect public safety of the

reallocated spectrum described in paragraph (1)(B) of this

subsection;

"(B) the anticipated impact on critical military and

intelligence capabilities, future military and intelligence

operational requirements, national defense modernization

programs, and civil space programs, and other Federal

Government systems used to protect public safety, of future

potential reallocations to non-Federal use of bands of the

electromagnetic spectrum that are currently allocated for use

by the Federal Government; and

"(C) future spectrum requirements of agencies in the Federal

Government.

"(b) Submission of Report. - The Secretary of Commerce, in

coordination with the heads of the affected Federal executive

agencies, and the Chairman of the Federal Communications Commission

shall submit to the President, the Committee on Armed Services and

the Committee on Commerce, Science, and Transportation of the

Senate, and the Committee on Armed Services, the Committee on

Commerce [now Committee on Energy and Commerce], and the Committee

on Science of the House of Representatives, not later than October

1, 2000, a report providing the results of the assessment required

by subsection (a)."

-End-

-CITE-

47 USC Sec. 922 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 8 - NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SUBCHAPTER II - TRANSFER OF AUCTIONABLE FREQUENCIES

-HEAD-

Sec. 922. National spectrum allocation planning

-STATUTE-

The Assistant Secretary and the Chairman of the Commission shall

meet, at least biannually, to conduct joint spectrum planning with

respect to the following issues:

(1) the extent to which licenses for spectrum use can be issued

pursuant to section 309(j) of this title to increase Federal

revenues;

(2) the future spectrum requirements for public and private

uses, including State and local government public safety

agencies;

(3) the spectrum allocation actions necessary to accommodate

those uses; and

(4) actions necessary to promote the efficient use of the

spectrum, including spectrum management techniques to promote

increased shared use of the spectrum that does not cause harmful

interference as a means of increasing commercial access.

-SOURCE-

(Pub. L. 102-538, title I, Sec. 112, as added Pub. L. 103-66, title

VI, Sec. 6001(a)(3), Aug. 10, 1993, 107 Stat. 380.)

-End-

-CITE-

47 USC Sec. 923 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 8 - NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SUBCHAPTER II - TRANSFER OF AUCTIONABLE FREQUENCIES

-HEAD-

Sec. 923. Identification of reallocable frequencies

-STATUTE-

(a) Identification required

The Secretary shall, within 18 months after August 10, 1993, and

within 6 months after August 5, 1997, prepare and submit to the

President and the Congress a report identifying and recommending

for reallocation bands of frequencies -

(1) that are allocated on a primary basis for Federal

Government use;

(2) that are not required for the present or identifiable

future needs of the Federal Government;

(3) that can feasibly be made available, as of the date of

submission of the report or at any time during the next 15 years,

for use under the 1934 Act [47 U.S.C. 151 et seq.] (other than

for Federal Government stations under section 305 of the 1934 Act

[47 U.S.C. 305]);

(4) the transfer of which (from Federal Government use) will

not result in costs to the Federal Government, or losses of

services or benefits to the public, that are excessive in

relation to the benefits to the public that may be provided by

non-Federal licensees; and

(5) that are most likely to have the greatest potential for

productive uses and public benefits under the 1934 Act [47 U.S.C.

151 et seq.] if allocated for non-Federal use.

(b) Minimum amount of spectrum recommended

(1) Initial reallocation report

In accordance with the provisions of this section, the

Secretary shall recommend for reallocation in the initial report

required by subsection (a) of this section, for use other than by

Federal Government stations under section 305 of the 1934 Act (47

U.S.C. 305), bands of frequencies that in the aggregate span not

less than 200 megahertz, that are located below 5 gigahertz, and

that meet the criteria specified in paragraphs (1) through (5) of

subsection (a) of this section. Such bands of frequencies shall

include bands of frequencies, located below 3 gigahertz, that

span in the aggregate not less than 100 megahertz.

(2) Mixed uses permitted to be counted

Bands of frequencies which a report of the Secretary under

subsection (a) or (d)(1) of this section recommends be partially

retained for use by Federal Government stations, but which are

also recommended to be reallocated to be made available under the

1934 Act [47 U.S.C. 151 et seq.] for use by non-Federal stations,

may be counted toward the minimum spectrum required by paragraph

(1) or (3) of this subsection, except that -

(A) the bands of frequencies counted under this paragraph may

not count toward more than one-half of the minimums required by

paragraph (1) or (3) of this subsection;

(B) a band of frequencies may not be counted under this

paragraph unless the assignments of the band to Federal

Government stations under section 305 of the 1934 Act (47

U.S.C. 305) are limited by geographic area, by time, or by

other means so as to guarantee that the potential use to be

made by such Federal Government stations is substantially less

(as measured by geographic area, time, or otherwise) than the

potential use to be made by non-Federal stations; and

(C) the operational sharing permitted under this paragraph

shall be subject to the interference regulations prescribed by

the Commission pursuant to section 305(a) of the 1934 Act [47

U.S.C. 305(a)] and to coordination procedures that the

Commission and the Secretary shall jointly establish and

implement to ensure against harmful interference.

(3) Second reallocation report

In accordance with the provisions of this section, the

Secretary shall recommend for reallocation in the second report

required by subsection (a) of this section, for use other than by

Federal Government stations under section 305 of the 1934 Act (47

U.S.C. 305), a band or bands of frequencies that -

(A) in the aggregate span not less than 12 megahertz;

(B) are located below 3 gigahertz; and

(C) meet the criteria specified in paragraphs (1) through (5)

of subsection (a) of this section.

(c) Criteria for identification

(1) Needs of the Federal Government

In determining whether a band of frequencies meets the criteria

specified in subsection (a)(2) of this section, the Secretary

shall -

(A) consider whether the band of frequencies is used to

provide a communications service that is or could be available

from a commercial provider or other vendor;

(B) seek to promote -

(i) the maximum practicable reliance on commercially

available substitutes;

(ii) the sharing of frequencies (as permitted under

subsection (b)(2) of this section);

(iii) the development and use of new communications

technologies; and

(iv) the use of nonradiating communications systems where

practicable; and

(C) seek to avoid -

(i) serious degradation of Federal Government services and

operations;

(ii) excessive costs to the Federal Government and users of

Federal Government services; and

(iii) excessive disruption of existing use of Federal

Government frequencies by amateur radio licensees.

(2) Feasibility of use

In determining whether a frequency band meets the criteria

specified in subsection (a)(3) of this section, the Secretary

shall -

(A) assume that the frequency will be assigned by the

Commission under section 303 of the 1934 Act (47 U.S.C. 303)

within 15 years;

(B) assume reasonable rates of scientific progress and growth

of demand for telecommunications services;

(C) seek to include frequencies which can be used to

stimulate the development of new technologies; and

(D) consider the immediate and recurring costs to reestablish

services displaced by the reallocation of spectrum.

(3) Analysis of benefits

In determining whether a band of frequencies meets the criteria

specified in subsection (a)(5) of this section, the Secretary

shall consider -

(A) the extent to which equipment is or will be available

that is capable of utilizing the band;

(B) the proximity of frequencies that are already assigned

for commercial or other non-Federal use;

(C) the extent to which, in general, commercial users could

share the frequency with amateur radio licensees; and

(D) the activities of foreign governments in making

frequencies available for experimentation or commercial

assignments in order to support their domestic manufacturers of

equipment.

(4) Power agency frequencies

(A) Applicability of criteria

The criteria specified by subsection (a) of this section

shall be deemed not to be met for any purpose under this

subchapter with regard to any frequency assignment to, or any

frequency assignment used by, a Federal power agency for the

purpose of withdrawing that assignment.

(B) Mixed use eligibility

The frequencies assigned to any Federal power agency may only

be eligible for mixed use under subsection (b)(2) of this

section in geographically separate areas, but in those cases

where a frequency is to be shared by an affected Federal power

agency and a non-Federal user, such use by the non-Federal user

shall not cause harmful interference to the affected Federal

power agency or adversely affect the reliability of its power

system.

(C) "Federal power agency" defined

As used in this paragraph, the term "Federal power agency"

means the Tennessee Valley Authority, the Bonneville Power

Administration, the Western Area Power Administration, the

Southwestern Power Administration, the Southeastern Power

Administration, or the Alaska Power Administration.

(5) Limitation on reallocation

None of the frequencies recommended for reallocation in the

reports required by this subsection shall have been recommended,

prior to August 10, 1993, for reallocation to non-Federal use by

international agreement.

(d) Procedure for identification of reallocable bands of

frequencies

(1) Submission of preliminary identification to Congress

Within 6 months after August 10, 1993, the Secretary shall

prepare, make publicly available, and submit to the President,

the Congress, and the Commission a report which makes a

preliminary identification of reallocable bands of frequencies

which meet the criteria established by this section.

(2) Public comment

The Secretary shall provide interested persons with the

opportunity to submit, within 90 days after the date of its

publication, written comment on the preliminary report required

by paragraph (1). The Secretary shall immediately transmit a copy

of any such comment to the Commission.

(3) Comment and recommendations from Commission

The Commission shall, within 90 days after the conclusion of

the period for comment provided pursuant to paragraph (2), submit

to the Secretary the Commission's analysis of such comments and

the Commission's recommendations for responses to such comments,

together with such other comments and recommendations as the

Commission deems appropriate.

(4) Direct discussions

The Secretary shall encourage and provide opportunity for

direct discussions among commercial representatives and Federal

Government users of the spectrum to aid the Secretary in

determining which frequencies to recommend for reallocation. The

Secretary shall provide notice to the public and the Commission

of any such discussions, including the name or names of any

businesses or other persons represented in such discussions. A

representative of the Commission (and of the Secretary at the

election of the Secretary) shall be permitted to attend any such

discussions. The Secretary shall provide the public and the

Commission with an opportunity to comment on the results of any

such discussions prior to the submission of the initial report

required by subsection (a) of this section.

(e) Timetable for reallocation and limitation

(1) Timetable required

The Secretary shall, as part of the reports required by

subsections (a) and (d)(1) of this section, include a timetable

that recommends effective dates by which the President shall

withdraw or limit assignments of the frequencies specified in

such reports.

(2) Expedited reallocation

(A) Required reallocation

The Secretary shall, as part of the report required by

subsection (d)(1) of this section, specifically identify and

recommend for immediate reallocation bands of frequencies that

in the aggregate span not less than 50 megahertz, that meet the

criteria described in subsection (a) of this section, and that

can be made available for reallocation immediately upon

issuance of the report required by subsection (d)(1) of this

section. Such bands of frequencies shall include bands of

frequencies, located below 3 gigahertz, that in the aggregate

span not less than 25 megahertz.

(B) Permitted reallocation

The Secretary may, as part of such report, identify and

recommend bands of frequencies for immediate reallocation for a

mixed use pursuant to subsection (b)(2) of this section, but

such bands of frequencies may not count toward the minimums

required by subparagraph (A).

(3) Delayed effective dates

In setting the recommended delayed effective dates, the

Secretary shall -

(A) consider the need to reallocate bands of frequencies as

early as possible, taking into account the requirements of

paragraphs (1) and (2) of section 925(b) of this title;

(B) be based on the useful remaining life of equipment that

has been purchased or contracted for to operate on identified

frequencies;

(C) consider the need to coordinate frequency use with other

nations; and

(D) take into account the relationship between the costs to

the Federal Government of changing to different frequencies and

the benefits that may be obtained from commercial and other

non-Federal uses of the reassigned frequencies.

(f) Additional reallocation report

If the Secretary receives a notice from the Commission pursuant

to section 3002(c)(5) of the Balanced Budget Act of 1997, the

Secretary shall prepare and submit to the President, the

Commission, and the Congress a report recommending for reallocation

for use other than by Federal Government stations under section 305

of the 1934 Act (47 U.S.C. 305), bands of frequencies that are

suitable for the licensees identified in the Commission's notice.

The Commission shall, not later than one year after receipt of such

report, prepare, submit to the President and the Congress, and

implement, a plan for the immediate allocation and assignment of

such frequencies under the 1934 Act [47 U.S.C. 151 et seq.] to

incumbent licensees described in the Commission's notice.

(g) Relocation of Federal Government stations

(1) In general

(A) Authority of Federal entities to accept compensation

In order to expedite the commercial use of the

electromagnetic spectrum and notwithstanding section 3302(b) of

title 31, any Federal entity which operates a Federal

Government station may accept from any person payment of the

expenses of relocating the Federal entity's operations from one

or more frequencies to another frequency or frequencies,

including the costs of any modification, replacement, or

reissuance of equipment, facilities, operating manuals, or

regulations incurred by that entity. Any such Federal entity

which proposes to so relocate shall notify the NTIA, which in

turn shall notify the Commission, before the auction concerned

of the marginal costs anticipated to be associated with such

relocation or with modifications necessary to accommodate

prospective licensees. The Commission in turn shall notify

potential bidders of the estimated relocation or modification

costs based on the geographic area covered by the proposed

licenses before the auction.

(B) Requirement to compensate Federal entities

Any person on whose behalf a Federal entity incurs costs

under subparagraph (A) shall compensate the Federal entity in

advance for such costs. Such compensation may take the form of

a cash payment or in-kind compensation.

(C) Disposition of payments

(i) Payment by electronic funds transfer

A person making a cash payment under this paragraph shall

make the cash payment by depositing the amount of the payment

by electronic funds transfer in the account of the Federal

entity concerned in the Treasury of the United States or in

another account as authorized by law.

(ii) Availability

Subject to the provisions of authorization Acts and

appropriations Acts, amounts deposited under this

subparagraph shall be available to the Federal entity

concerned to pay directly the costs of relocation under this

paragraph, to repay or make advances to appropriations or

funds which do or will initially bear all or part of such

costs, or to refund excess sums when necessary.

(D) Application to certain other relocations

The provisions of this paragraph also apply to any Federal

entity that operates a Federal Government station assigned to

used (!1) electromagnetic spectrum identified for reallocation

under subsection (a) of this section if before August 5, 1997,

the Commission has not identified that spectrum for service or

assigned licenses or otherwise authorized service for that

spectrum.

(E) Implementation procedures

The NTIA and the Commission shall develop procedures for the

implementation of this paragraph, which procedures shall

include a process for resolving any differences that arise

between the Federal Government and commercial licensees

regarding estimates of relocation or modification costs under

this paragraph.

(F) Inapplicability to certain relocations

With the exception of the band of frequencies located at

1710-1755 megahertz, the provisions of this paragraph shall not

apply to Federal spectrum identified for reallocation in the

first reallocation report submitted to the President and

Congress under subsection (a) of this section.

(2) Process for relocation

Any person seeking to relocate a Federal Government station

that has been assigned a frequency within a band that has been

allocated for mixed Federal and non-Federal use, or that has been

scheduled for reallocation to non-Federal use, may submit a

petition for such relocation to NTIA. The NTIA shall limit or

terminate the Federal Government station's operating license

within 6 months after receiving the petition if the following

requirements are met:

(A) the person seeking relocation of the Federal Government

station has guaranteed to pay all relocation costs incurred by

the Federal entity, including all engineering, equipment, site

acquisition and construction, and regulatory fee costs;

(B) all activities necessary for implementing the relocation

have been completed, including construction of replacement

facilities (if necessary and appropriate) and identifying and

obtaining new frequencies for use by the relocated Federal

Government station (where such station is not relocating to

spectrum reserved exclusively for Federal use);

(C) any necessary replacement facilities, equipment

modifications, or other changes have been implemented and

tested to ensure that the Federal Government station is able to

successfully accomplish its purposes; and

(D) NTIA has determined that the proposed use of the spectrum

frequency band to which the Federal entity will relocate its

operations is -

(i) consistent with obligations undertaken by the United

States in international agreements and with United States

national security and public safety interests; and

(ii) suitable for the technical characteristics of the band

and consistent with other uses of the band.

In exercising its authority under clause (i) of this

subparagraph, NTIA shall consult with the Secretary of Defense,

the Secretary of State, or other appropriate officers of the

Federal Government.

(3) Right to reclaim

If within one year after the relocation the Federal entity

demonstrates to the Commission that the new facilities or

spectrum are not comparable to the facilities or spectrum from

which the Federal Government station was relocated, the person

who filed the petition under paragraph (2) for such relocation

shall take reasonable steps to remedy any defects or pay the

Federal entity for the expenses incurred in returning the Federal

Government station to the spectrum from which such station was

relocated.

(h) Federal action to expedite spectrum transfer

Any Federal Government station which operates on electromagnetic

spectrum that has been identified in any reallocation report under

this section shall, to the maximum extent practicable through the

use of the authority granted under subsection (g) of this section

and any other applicable provision of law, take action to relocate

its spectrum use to other frequencies that are reserved for Federal

use or to consolidate its spectrum use with other Federal

Government stations in a manner that maximizes the spectrum

available for non-Federal use.

(i) "Federal entity" defined

For purposes of this section, the term "Federal entity" means any

department, agency, or other instrumentality of the Federal

Government that utilizes a Government station license obtained

under section 305 of the 1934 Act (47 U.S.C. 305).

-SOURCE-

(Pub. L. 102-538, title I, Sec. 113, as added Pub. L. 103-66, title

VI, Sec. 6001(a)(3), Aug. 10, 1993, 107 Stat. 380; amended Pub. L.

105-33, title III, Sec. 3002(d)(1), (e)(1)-(3), Aug. 5, 1997, 111

Stat. 262, 264, 265; Pub. L. 105-261, div. A, title X, Sec.

1064(c), Oct. 17, 1998, 112 Stat. 2132; Pub. L. 106-65, div. A,

title X, Sec. 1062(c)(2), Oct. 5, 1999, 113 Stat. 768.)

-REFTEXT-

REFERENCES IN TEXT

For definition of the 1934 Act, referred to in subsecs. (a)(3),

(5), (b)(2), and (f), see section 921(3) of this title.

Section 3002(c)(5) of the Balanced Budget Act of 1997, referred

to in subsec. (f), is section 3002(c)(5) of Pub. L. 105-33, which

is set out as a note under section 925 of this title.

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(3)(A). Pub. L. 106-65 substituted "12

megahertz" for "20 megahertz".

1998 - Subsec. (g)(1). Pub. L. 105-261 designated existing

provisions as subpar. (A), inserted subpar. heading, substituted

"Any such Federal entity which proposes to so relocate shall notify

the NTIA, which in turn shall notify the Commission, before the

auction concerned of the marginal costs anticipated to be

associated with such relocation or with modifications necessary to

accommodate prospective licensees. The Commission in turn shall

notify potential bidders of the estimated relocation or

modification costs based on the geographic area covered by the

proposed licenses before the auction." for "Such payments may be in

advance of relocation and may be in cash or in kind. Any such

payment in cash shall be deposited in the account of such Federal

entity in the Treasury of the United States or in a separate

account authorized by law. Funds deposited according to this

paragraph shall be available, without appropriation or fiscal year

limitation, only for such expenses of the Federal entity for which

such funds were deposited under this paragraph.", and added

subpars. (B) to (F).

1997 - Subsec. (a). Pub. L. 105-33, Sec. 3002(e)(1), inserted

"and within 6 months after August 5, 1997" after "August 10, 1993,"

in introductory provisions.

Subsec. (b)(1). Pub. L. 105-33, Sec. 3002(e)(2)(A), (B),

substituted "Initial reallocation report" for "In general" in

heading and inserted "in the initial report required by subsection

(a) of this section" after "recommend for reallocation" in text.

Subsec. (b)(2). Pub. L. 105-33, Sec. 3002(e)(2)(C), inserted "or

(3)" after "paragraph (1)" in two places.

Subsec. (b)(3). Pub. L. 105-33, Sec. 3002(e)(2)(D), added par.

(3).

Subsec. (d)(4). Pub. L. 105-33, Sec. 3002(e)(3), substituted

"initial report" for "final report".

Subsecs. (f) to (i). Pub. L. 105-33, Sec. 3002(d)(1), added

subsecs. (f) to (i).

REPORTS ON COSTS OF RELOCATIONS

Pub. L. 105-261, div. A, title X, Sec. 1064(d), Oct. 17, 1998,

112 Stat. 2133, provided that: "The head of each department or

agency of the Federal Government shall include in the annual budget

submission of such department or agency to the Director of the

Office of Management and Budget a report assessing the costs to be

incurred by such department or agency as a result of any frequency

relocations of such department or agency that are anticipated under

section 113 of the National Telecommunications [and] Information

Administration Organization Act (47 U.S.C. 923) as of the date of

such report."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 309, 924, 925 of this

title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

47 USC Sec. 924 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 8 - NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SUBCHAPTER II - TRANSFER OF AUCTIONABLE FREQUENCIES

-HEAD-

Sec. 924. Withdrawal or limitation of assignment to Federal

Government stations

-STATUTE-

(a) In general

The President shall -

(1) within 6 months after receipt of a report by the Secretary

under subsection (a), (d)(1), or (f) of section 923 of this

title, withdraw the assignment to a Federal Government station of

any frequency which the report recommends for immediate

reallocation;

(2) within any such 6-month period, limit the assignment to a

Federal Government station of any frequency which the report

recommends be made immediately available for mixed use under

section 923(b)(2) of this title;

(3) by the delayed effective date recommended by the Secretary

under section 923(e) of this title (except as provided in

subsection (b)(4) of this section), withdraw or limit the

assignment to a Federal Government station of any frequency which

the report recommends be reallocated or made available for mixed

use on such delayed effective date;

(4) assign or reassign other frequencies to Federal Government

stations as necessary to adjust to such withdrawal or limitation

of assignments; and

(5) transmit a notice and description to the Commission and

each House of Congress of the actions taken under this

subsection.

(b) Exceptions

(1) Authority to substitute

If the President determines that a circumstance described in

paragraph (2) exists, the President -

(A) may substitute an alternative frequency or frequencies

for the frequency that is subject to such determination and

withdraw (or limit) the assignment of that alternative

frequency in the manner required by subsection (a) of this

section; and

(B) shall submit a statement of the reasons for taking the

action described in subparagraph (A) to the Commission,

Committee on Energy and Commerce of the House of

Representatives, and the Committee on Commerce, Science, and

Transportation of the Senate.

(2) Grounds for substitution

For purposes of paragraph (1), the following circumstances are

described in this paragraph:

(A) the reassignment would seriously jeopardize the national

defense interests of the United States;

(B) the frequency proposed for reassignment is uniquely

suited to meeting important governmental needs;

(C) the reassignment would seriously jeopardize public health

or safety;

(D) the reassignment will result in costs to the Federal

Government that are excessive in relation to the benefits that

may be obtained from commercial or other non-Federal uses of

the reassigned frequency; or

(E) the reassignment will disrupt the existing use of a

Federal Government band of frequencies by amateur radio

licensees.

(3) Criteria for substituted frequencies

For purposes of paragraph (1), a frequency may not be

substituted for a frequency identified and recommended by the

report of the Secretary under section 923(a) of this title unless

the substituted frequency also meets each of the criteria

specified by section 923(a) of this title.

(4) Delays in implementation

If the President determines that any action cannot be completed

by the delayed effective date recommended by the Secretary

pursuant to section 923(e) of this title, or that such an action

by such date would result in a frequency being unused as a

consequence of the Commission's plan under section 925 of this

title, the President may -

(A) withdraw or limit the assignment to Federal Government

stations on a later date that is consistent with such plan,

except that the President shall notify each committee specified

in paragraph (1)(B) and the Commission of the reason that

withdrawal or limitation at a later date is required; or

(B) substitute alternative frequencies pursuant to the

provisions of this subsection.

-SOURCE-

(Pub. L. 102-538, title I, Sec. 114, as added Pub. L. 103-66, title

VI, Sec. 6001(a)(3), Aug. 10, 1993, 107 Stat. 384; amended Pub. L.

105-33, title III, Sec. 3002(d)(2), Aug. 5, 1997, 111 Stat. 264.)

-MISC1-

AMENDMENTS

1997 - Subsec. (a)(1). Pub. L. 105-33, Sec. 3002(d)(2)(A),

substituted "subsection (a), (d)(1), or (f)" for "subsection (a) or

(d)(1)".

Subsec. (a)(2). Pub. L. 105-33, Sec. 3002(d)(2)(B), substituted

"any such 6-month period" for "either such 6-month period".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 309, 926 of this title.

-End-

-CITE-

47 USC Sec. 925 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 8 - NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SUBCHAPTER II - TRANSFER OF AUCTIONABLE FREQUENCIES

-HEAD-

Sec. 925. Distribution of frequencies by Commission

-STATUTE-

(a) Allocation and assignment of immediately available frequencies

With respect to the frequencies made available for immediate

reallocation pursuant to section 923(e)(2) of this title, the

Commission, not later than 18 months after August 10, 1993, shall

issue regulations to allocate such frequencies and shall propose

regulations to assign such frequencies.

(b) Allocation and assignment of remaining available frequencies

With respect to the frequencies made available for reallocation

pursuant to section 923(e)(3) of this title, the Commission shall,

not later than 1 year after receipt of the initial reallocation

report required by section 923(a) of this title, prepare, submit to

the President and the Congress, and implement, a plan for the

allocation and assignment under the 1934 Act [47 U.S.C. 151 et

seq.] of such frequencies. Such plan shall -

(1) not propose the immediate allocation and assignment of all

such frequencies but, taking into account the timetable

recommended by the Secretary pursuant to section 923(e) of this

title, shall propose -

(A) gradually to allocate and assign the frequencies

remaining, after making the reservation required by

subparagraph (B), over the course of 10 years beginning on the

date of submission of such plan; and

(B) to reserve a significant portion of such frequencies for

allocation and assignment beginning after the end of such

10-year period;

(2) contain appropriate provisions to ensure -

(A) the availability of frequencies for new technologies and

services in accordance with the policies of section 7 of the

1934 Act (47 U.S.C. 157);

(B) the availability of frequencies to stimulate the

development of such technologies; and

(C) the safety of life and property in accordance with the

policies of section 1 of the 1934 Act (47 U.S.C. 151);

(3) address (A) the feasibility of reallocating portions of the

spectrum from current commercial and other non-Federal uses to

provide for more efficient use of the spectrum, and (B)

innovation and marketplace developments that may affect the

relative efficiencies of different spectrum allocations;

(4) not prevent the Commission from allocating frequencies, and

assigning licenses to use frequencies, not included in the plan;

and

(5) not preclude the Commission from making changes to the plan

in future proceedings.

(c) Allocation and assignment of frequencies identified in second

reallocation report

(1) Plan and implementation

With respect to the frequencies made available for reallocation

pursuant to section 923(b)(3) of this title, the Commission

shall, not later than one year after receipt of the second

reallocation report required by section 923(a) of this title,

prepare, submit to the President and the Congress, and implement,

a plan for the immediate allocation and assignment under the 1934

Act [47 U.S.C. Sec. 151 et seq.] of all such frequencies in

accordance with section 309(j) of such Act [47 U.S.C. 309(j)].

(2) Contents

The plan prepared by the Commission under paragraph (1) shall

consist of a schedule of allocation and assignment of those

frequencies in accordance with section 309(j) of the 1934 Act in

time for the assignment of those licenses or permits by September

30, 2002.

-SOURCE-

(Pub. L. 102-538, title I, Sec. 115, as added Pub. L. 103-66, title

VI, Sec. 6001(a)(3), Aug. 10, 1993, 107 Stat. 385; amended Pub. L.

105-33, title III, Sec. 3002(e)(4), Aug. 5, 1997, 111 Stat. 265.)

-REFTEXT-

REFERENCES IN TEXT

For definition of the 1934 Act, referred to in subsecs. (b) and

(c)(1), see section 921(3) of this title.

-MISC1-

AMENDMENTS

1997 - Subsec. (b). Pub. L. 105-33, Sec. 3002(e)(4)(A),

substituted "the initial reallocation report required" for "the

report required" in introductory provisions.

Subsec. (c). Pub. L. 105-33, Sec. 3002(e)(4)(B), added subsec.

(c).

ACCELERATED AVAILABILITY FOR AUCTION OF 1,710-1,755 MEGAHERTZ FROM

INITIAL REALLOCATION REPORT

Section 3002(b) of Pub. L. 105-33 provided that: "The band of

frequencies located at 1,710-1,755 megahertz identified in the

initial reallocation report under section 113(a) of the National

Telecommunications and Information Administration Act (47 U.S.C.

923(a)) shall, notwithstanding the timetable recommended under

section 113(e) of such Act and section 115(b)(1) of such Act [47

U.S.C. 925(b)(1)], be available in accordance with this subsection

for assignment for commercial use. The Commission shall assign

licenses for such use by competitive bidding commenced after

January 1, 2001, pursuant to section 309(j) of the Communications

Act of 1934 (47 U.S.C. 309(j))."

COMMISSION OBLIGATION TO MAKE ADDITIONAL SPECTRUM AVAILABLE BY

AUCTION

Section 3002(c) of Pub. L. 105-33 provided that:

"(1) In general. - The Commission shall complete all actions

necessary to permit the assignment by September 30, 2002, by

competitive bidding pursuant to section 309(j) of the

Communications Act of 1934 (47 U.S.C. 309(j)), of licenses for the

use of bands of frequencies that -

"(A) in the aggregate span not less than 55 megahertz;

"(B) are located below 3 gigahertz;

"(C) have not, as of the date of enactment of this Act [Aug. 5,

1997] -

"(i) been designated by Commission regulation for assignment

pursuant to such section;

"(ii) been identified by the Secretary of Commerce pursuant

to section 113 of the National Telecommunications and

Information Administration Organization Act (47 U.S.C. 923);

"(iii) been allocated for Federal Government use pursuant to

section 305 of the Communications Act of 1934 (47 U.S.C. 305);

"(iv) been designated for reallocation under section 337 of

the Communications Act of 1934 [47 U.S.C. 337] (as added by

this Act); or

"(v) been allocated or authorized for unlicensed use pursuant

to part 15 of the Commission's regulations (47 C.F.R. Part 15),

if the operation of services licensed pursuant to competitive

bidding would interfere with operation of end-user products

permitted under such regulations;

"(D) include frequencies at 2,110-2,150 megahertz; and

"(E) include 15 megahertz from within the bands of frequencies

at 1,990-2,110 megahertz.

"(2) Criteria for Reassignment. - In making available bands of

frequencies for competitive bidding pursuant to paragraph (1), the

Commission shall -

"(A) seek to promote the most efficient use of the

electromagnetic spectrum;

"(B) consider the cost of relocating existing uses to other

bands of frequencies or other means of communication;

"(C) consider the needs of existing public safety radio

services (as such services are described in section 309(j)(2)(A)

of the Communications Act of 1934, as amended by this Act);

"(D) comply with the requirements of international agreements

concerning spectrum allocations; and

"(E) coordinate with the Secretary of Commerce when there is

any impact on Federal Government spectrum use.

"(3) Use of bands at 2,110-2,150 megahertz. - The Commission

shall reallocate spectrum located at 2,110-2,150 megahertz for

assignment by competitive bidding unless the Commission determines

that auction of other spectrum (A) better serves the public

interest, convenience, and necessity, and (B) can reasonably be

expected to produce greater receipts. If the Commission makes such

a determination, then the Commission shall, within 2 years after

the date of enactment of this Act [Aug. 5, 1997], identify an

alternative 40 megahertz, and report to the Congress an

identification of such alternative 40 megahertz for assignment by

competitive bidding.

"(4) Use of 15 megahertz from bands at 1,990-2,110 megahertz. -

The Commission shall reallocate 15 megahertz from spectrum located

at 1,990-2,110 megahertz for assignment by competitive bidding

unless the President determines such spectrum cannot be reallocated

due to the need to protect incumbent Federal systems from

interference, and that allocation of other spectrum (A) better

serves the public interest, convenience, and necessity, and (B) can

reasonably be expected to produce comparable receipts. If the

President makes such a determination, then the President shall,

within 2 years after the date of enactment of this Act, identify

alternative bands of frequencies totalling 15 megahertz, and report

to the Congress an identification of such alternative bands for

assignment by competitive bidding.

"(5) Notification to the Secretary of Commerce. - The Commission

shall attempt to accommodate incumbent licensees displaced under

this section by relocating them to other frequencies available for

allocation by the Commission. The Commission shall notify the

Secretary of Commerce whenever the Commission is not able to

provide for the effective relocation of an incumbent licensee to a

band of frequencies available to the Commission for assignment. The

notification shall include -

"(A) specific information on the incumbent licensee;

"(B) the bands the Commission considered for relocation of the

licensee;

"(C) the reasons the licensee cannot be accommodated in such

bands; and

"(D) the bands of frequencies identified by the Commission that

are -

"(i) suitable for the relocation of such licensee; and

"(ii) allocated for Federal Government use, but that could be

reallocated pursuant to part B of the National

Telecommunications and Information Administration Organization

Act (as amended by this Act) [part B (Secs. 131-135) of title I

of Pub. L. 102-538, see Tables for classification]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 309, 923, 924 of this

title.

-End-

-CITE-

47 USC Sec. 926 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 8 - NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SUBCHAPTER II - TRANSFER OF AUCTIONABLE FREQUENCIES

-HEAD-

Sec. 926. Authority to recover reassigned frequencies

-STATUTE-

(a) Authority of President

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) Procedure for reclaiming frequencies

(1) Unallocated frequencies

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) Allocated frequencies

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) Costs of reclaiming frequencies

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) Effective date of reclaimed frequencies

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) Effect on other law

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).

-SOURCE-

(Pub. L. 102-538, title I, Sec. 116, as added Pub. L. 103-66, title

VI, Sec. 6001(a)(3), Aug. 10, 1993, 107 Stat. 386.)

-REFTEXT-

REFERENCES IN TEXT

For definition of the 1934 Act, referred to in subsec. (b)(1),

see section 921(3) of this title.

-End-

-CITE-

47 USC Sec. 927 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 8 - NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SUBCHAPTER II - TRANSFER OF AUCTIONABLE FREQUENCIES

-HEAD-

Sec. 927. Existing allocation and transfer authority retained

-STATUTE-

(a) Additional reallocation

Nothing in this subchapter prevents or limits additional

reallocation of spectrum from the Federal Government to other

users.

(b) Implementation of new technologies and services

Notwithstanding any other provision of this subchapter -

(1) the Secretary may, consistent with section 903(e) of this

title, at any time allow frequencies allocated on a primary basis

for Federal Government use to be used by non-Federal licensees on

a mixed-use basis for the purpose of facilitating the prompt

implementation of new technologies or services and for other

purposes; and

(2) the Commission shall make any allocation and licensing

decisions with respect to such frequencies in a timely manner and

in no event later than the date required by section 157 of this

title.

-SOURCE-

(Pub. L. 102-538, title I, Sec. 117, as added Pub. L. 103-66, title

VI, Sec. 6001(a)(3), Aug. 10, 1993, 107 Stat. 386.)

-End-

-CITE-

47 USC SUBCHAPTER III - MISCELLANEOUS 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 8 - NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

SUBCHAPTER III - MISCELLANEOUS

-End-

-CITE-

47 USC Sec. 941 01/06/03

-EXPCITE-

TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS

CHAPTER 8 - NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 941. Child-friendly second-level Internet domain

-STATUTE-

(a) Responsibilities

The NTIA shall require the registry selected to operate and

maintain the United States country code Internet domain to

establish, operate, and maintain a second-level domain within the

United States country code domain that provides access only to

material that is suitable for minors and not harmful to minors (in

this section referred to as the "new domain").

(b) Conditions of contracts

(1) Initial registry

The NTIA shall not exercise any option periods under any

contract between the NTIA and the initial registry to operate and

maintain the United States country code Internet domain unless

the initial registry agrees, during the 90-day period beginning

upon December 4, 2002, to carry out, and to operate the new

domain in accordance with, the requirements under subsection (c)

of this section. Nothing in this subsection shall be construed to

prevent the initial registry of the United States country code

Internet domain from participating in the NTIA's process for

selecting a successor registry or to prevent the NTIA from

awarding, to the initial registry, the contract to be successor

registry subject to the requirements of paragraph (2).

(2) Successor registries

The NTIA shall not enter into any contract for operating and

maintaining the United States country code Internet domain with

any successor registry unless such registry enters into an

agreement with the NTIA, during the 90-day period after selection

of such registry, that provides for the registry to carry out,

and the new domain to operate in accordance with, the

requirements under subsection (c) of this section.

(c) Requirements of new domain

The registry and new domain shall be subject to the following

requirements:

(1) Written content standards for the new domain, except that

the NTIA shall not have any authority to establish such

standards.

(2) Written agreements with each registrar for the new domain

that require that use of the new domain is in accordance with the

standards and requirements of the registry.

(3) Written agreements with registrars, which shall require

registrars to enter into written agreements with registrants, to

use the new domain in accordance with the standards and

requirements of the registry.

(4) Rules and procedures for enforcement and oversight that

minimize the possibility that the new domain provides access to

content that is not in accordance with the standards and

requirements of the registry.

(5) A process for removing from the new domain any content that

is not in accordance with the standards and requirements of the

registry.

(6) A process to provide registrants to the new domain with an

opportunity for a prompt, expeditious, and impartial dispute

resolution process regarding any material of the registrant

excluded from the new domain.

(7) Continuous and uninterrupted service for the new domain

during any transition to a new registry selected to operate and

maintain new domain or the United States country code domain.

(8) Procedures and mechanisms to promote the accuracy of

contact information submitted by registrants and retained by

registrars in the new domain.

(9) Operationality of the new domain not later than one year

after December 4, 2002.

(10) Written agreements with registrars, which shall require

registrars to enter into written agreements with registrants, to

prohibit two-way and multiuser interactive services in the new

domain, unless the registrant certifies to the registrar that

such service will be offered in compliance with the content

standards established pursuant to paragraph (1) and is designed

to reduce the risk of exploitation of minors using such two-way

and multiuser interactive services.

(11) Written agreements with registrars, which shall require

registrars to enter into written agreements with registrants, to

prohibit hyperlinks in the new domain that take new domain users

outside of the new domain.

(12) Any other action that the NTIA considers necessary to

establish, operate, or maintain the new domain in accordance with

the purposes of this section.

(d) Option periods for initial registry

The NTIA shall grant the initial registry the option periods

available under the contract between the NTIA and the initial

registry to operate and maintain the United States country code

Internet domain if, and may not grant such option periods unless,

the NTIA finds that the initial registry has satisfactorily

performed its obligations under this Act and under the contract.

Nothing in this section shall preempt or alter the NTIA's authority

to terminate such contract for the operation of the United States

country code Internet domain for cause or for convenience.

(e) Treatment of registry and other entities

(1) In general

Only to the extent that such entities carry out functions under

this section, the following entities are deemed to be interactive

computer services for purposes of section 230(c) of the

Communications Act of 1934 (47 U.S.C. 230(c)):

(A) The registry that operates and maintains the new domain.

(B) Any entity that contracts with such registry to carry out

functions to ensure that content accessed through the new

domain complies with the limitations applicable to the new

domain.

(C) Any registrar for the registry of the new domain that is

operating in compliance with its agreement with the registry.

(2) Savings provision

Nothing in paragraph (1) shall be construed to affect the

applicability of any other provision of title II of the

Communications Act of 1934 [47 U.S.C. 201 et seq.] to the

entities covered by subparagraph (A), (B), or (C) of paragraph

(1).

(f) Education

The NTIA shall carry out a program to publicize the availability

of the new domain and to educate the parents of minors regarding

the process for utilizing the new domain in combination and

coordination with hardware and software technologies that provide

for filtering or blocking. The program under this subsection shall

be commenced not later than 30 days after the date that the new

domain first becomes operational and accessible by the public.

(g) Coordination with Federal Government

The registry selected to operate and maintain the new domain

shall -

(1) consult with appropriate agencies of the Federal Government

regarding procedures and actions to prevent minors and families

who use the new domain from being targeted by adults and other

children for predatory behavior, exploitation, or illegal

actions; and

(2) based upon the consultations conducted pursuant to

paragraph (1), establish such procedures and take such actions as

the registry may deem necessary to prevent such targeting.

The consultations, procedures, and actions required under this

subsection shall be commenced not later than 30 days after the date

that the new domain first becomes operational and accessible by the

public.

(h) Compliance report

The registry shall prepare, on an annual basis, a report on the

registry's monitoring and enforcement procedures for the new

domain. The registry shall submit each such report, setting forth

the results of the review of its monitoring and enforcement

procedures for the new domain, to the Committee on Energy and

Commerce of the House of Representatives and the Committee on

Commerce, Science, and Transportation of the Senate.

(i) Suspension of new domain

If the NTIA finds, pursuant to its own review or upon a good

faith petition by the registry, that the new domain is not serving

its intended purpose, the NTIA shall instruct the registry to

suspend operation of the new domain until such time as the NTIA

determines that the new domain can be operated as intended.

(j) Definitions

For purposes of this section, the following definitions shall

apply:

(1) Harmful to minors

The term "harmful to minors" means, with respect to material,

that -

(A) the average person, applying contemporary community

standards, would find, taking the material as a whole and with

respect to minors, that it is designed to appeal to, or is

designed to pander to, the prurient interest;

(B) the material depicts, describes, or represents, in a

manner patently offensive with respect to minors, an actual or

simulated sexual act or sexual contact, an actual or simulated

normal or perverted sexual act, or a lewd exhibition of the

genitals or post-pubescent female breast; and

(C) taken as a whole, the material lacks serious, literary,

artistic, political, or scientific value for minors.

(2) Minor

The term "minor" means any person under 13 years of age.

(3) Registry

The term "registry" means the registry selected to operate and

maintain the United States country code Internet domain.

(4) Successor registry

The term "successor registry" means any entity that enters into

a contract with the NTIA to operate and maintain the United

States country code Internet domain that covers any period after

the termination or expiration of the contract to operate and

maintain the United States country code Internet domain, and any

option periods under such contract, that was signed on October

26, 2001.

(5) Suitable for minors

The term "suitable for minors" means, with respect to material,

that it -

(A) is not psychologically or intellectually inappropriate

for minors; and

(B) serves -

(i) the educational, informational, intellectual, or

cognitive needs of minors; or

(ii) the social, emotional, or entertainment needs of

minors.

-SOURCE-

(Pub. L. 102-538, title I, Sec. 157, as added Pub. L. 107-317, Sec.

4, Dec. 4, 2002, 116 Stat. 2767.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (d), is Pub. L. 102-538, Oct.

27, 1992, 106 Stat. 3533, as amended, known as the

Telecommunications Authorization Act of 1992. Title I of the Act,

known as the National Telecommunications and Information

Administration Organization Act, is classified principally to this

chapter. For complete classification of this Act to the Code, see

Tables.

The Communications Act of 1934, referred to in subsec. (e)(2), is

act June 19, 1934, ch. 652, 48 Stat. 1064, as amended. Title II of

the Act is classified generally to subchapter II (Sec. 201 et seq.)

of chapter 5 of this title. For complete classification of this Act

to the Code, see section 609 of this title and Tables.

-MISC1-

FINDINGS AND PURPOSES

Pub. L. 107-317, Sec. 2, Dec. 4, 2002, 116 Stat. 2766, provided

that:

"(a) Findings. - The Congress finds that -

"(1) the World Wide Web presents a stimulating and entertaining

opportunity for children to learn, grow, and develop

educationally and intellectually;

"(2) Internet technology also makes available an extensive

amount of information that is harmful to children, as studies

indicate that a significant portion of all material available on

the Internet is related to pornography;

"(3) young children, when trying to use the World Wide Web for

positive purposes, are often presented - either mistakenly or

intentionally - with material that is inappropriate for their

age, which can be extremely frustrating for children, parents,

and educators;

"(4) exposure of children to material that is inappropriate for

them, including pornography, can distort the education and

development of the Nation's youth and represents a serious harm

to American families that can lead to a host of other problems

for children, including inappropriate use of chat rooms, physical

molestation, harassment, and legal and financial difficulties;

"(5) young boys and girls, older teens, troubled youth,

frequent Internet users, chat room participants, online risk

takers, and those who communicate online with strangers are at

greater risk for receiving unwanted sexual solicitation on the

Internet;

"(6) studies have shown that 19 percent of youth (ages 10 to

17) who used the Internet regularly were the targets of unwanted

sexual solicitation, but less than 10 percent of the

solicitations were reported to the police;

"(7) children who come across illegal content should report it

to the congressionally authorized CyberTipline, an online

mechanism developed by the National Center for Missing and

Exploited Children, for citizens to report sexual crimes against

children;

"(8) the CyberTipline has received more than 64,400 reports,

including reports of child pornography, online enticement for

sexual acts, child molestation (outside the family), and child

prostitution;

"(9) although the computer software and hardware industries,

and other related industries, have developed innovative ways to

help parents and educators restrict material that is harmful to

minors through parental control protections and self-regulation,

to date such efforts have not provided a national solution to the

problem of minors accessing harmful material on the World Wide

Web;

"(10) the creation of a 'green-light' area within the United

States country code Internet domain, that will contain only

content that is appropriate for children under the age of 13, is

analogous to the creation of a children's section within a

library and will promote the positive experiences of children and

families in the United States; and

"(11) while custody, care, and nurture of the child reside

first with the parent, the protection of the physical and

psychological well-being of minors by shielding them from

material that is harmful to them is a compelling governmental

interest.

"(b) Purposes. - The purposes of this Act [see Short Title of

2002 Amendment note set out under section 901 of this title] are -

"(1) to facilitate the creation of a second-level domain within

the United States country code Internet domain for the location

of material that is suitable for minors and not harmful to

minors; and

"(2) to ensure that the National Telecommunications and

Information Administration oversees the creation of such a

second-level domain and ensures the effective and efficient

establishment and operation of the new domain."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 902 of this title.

-End-