47 USC 923 - Identification of reallocable frequencies

1 So in original. Probably should be followed by “the”.

Committees on Appropriations and Energy and Commerce of the House of Representatives for approval, to the Committees on Appropriations and Commerce, Science, and Transportation of the Senate for approval, and to the Comptroller General a copy of such estimate and the timelines for relocation or sharing. Unless disapproved within 30 days, the estimate shall be approved. If disapproved, the NTIA may resubmit a revised initial estimate.

Editorial Notes

References in Text

For definition of the 1934 Act, referred to in subsecs. (a)(3), (5), (span)(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 Puspan. L. 105–33, which is set out as a note under section 925 of this title.

Amendments

2022—Subsec. (h)(3)(E). Puspan. L. 117–286, § 4(a)(299)(A), substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)”.

Subsec. (i)(9). Puspan. L. 117–286, § 4(a)(299)(B), substituted “Chapter 10 of title 5” for “The Federal Advisory Committee Act (5 U.S.C. App.)”.

2015—Subsec. (g)(1). Puspan. L. 114–74, § 1005(c)(1)(A), struck out “authorized to use a band of eligible frequencies described in paragraph (2) and” after “Federal Government station” and inserted “eligible” after “auction of” and after “reallocation of”.

Subsec. (g)(3)(A). Puspan. L. 114–74, § 1005(c)(1)(B), substituted “or the sharing of spectrum frequencies” for “previously assigned to such entity or the sharing of spectrum frequencies assigned to such entity”.

Subsec. (h)(1). Puspan. L. 114–74, § 1005(c)(2), struck out “authorized to use any such frequency” after “a Federal entity”.

Subsec. (h)(3)(C). Puspan. L. 114–74, § 1005(span), substituted “this subsection, subsection (i), and section 928(g)(2)(E) of this title” for “this subsection and subsection (i)”.

2012—Subsec. (g). Puspan. L. 112–96, § 6701(a)(1)(A), substituted “Relocation of and spectrum sharing by Federal Government stations” for “Relocation of Federal Government stations” in heading.

Subsec. (g)(1). Puspan. L. 112–96, § 6701(a)(1)(B), amended par. (1) generally. Prior to amendment, text read as follows: “Any Federal entity that operates a Federal Government station assigned to a band of frequencies specified in paragraph (2) and that incurs relocation costs because of the reallocation of frequencies from Federal use to non-Federal use shall receive payment for such costs from the Spectrum Relocation Fund, in accordance with section 928 of this title. For purposes of this paragraph, Federal power agencies exempted under subsection (c)(4) of this section that choose to relocate from the frequencies identified for reallocation pursuant to subsection (a) of this section, are eligible to receive payment under this paragraph.”

Subsec. (g)(2)(B). Puspan. L. 112–96, § 6701(a)(1)(C), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “any other band of frequencies reallocated from Federal use to non-Federal use after January 1, 2003, that is assigned by competitive bidding pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), except for bands of frequencies previously identified by the National Telecommunications and Information Administration in the Spectrum Reallocation Final Report, NTIA Special Publication 95–32 (1995).”

Subsec. (g)(3). Puspan. L. 112–96, § 6701(a)(1)(D), amended par. (3) generally. Prior to amendment, par. (3) defined relocation costs.

Subsec. (g)(4). Puspan. L. 112–96, § 6701(a)(1)(E)(i), which directed substitution of “relocation or sharing costs” for “relocations costs” in heading, was executed by making the substitution for “relocation costs” to reflect the probable intent of Congress.

Subsec. (g)(4)(A). Puspan. L. 112–96, § 6701(a)(1)(E)(ii), (iii), substituted “relocation or sharing costs” for “relocation costs” and inserted “or sharing” after “such relocation”.

Subsec. (g)(4)(B). Puspan. L. 112–96, § 6701(a)(1)(E)(ii), substituted “relocation or sharing costs” for “relocation costs”.

Subsec. (g)(5). Puspan. L. 112–96, § 6701(a)(1)(F), substituted “relocation or sharing costs” for “relocation costs” and inserted “or sharing” after “for relocation”.

Subsec. (g)(6). Puspan. L. 112–96, § 6701(a)(1)(G), amended par. (6) generally. Prior to amendment, text read as follows: “The NTIA shall take such actions as necessary to ensure the timely relocation of Federal entities’ spectrum-related operations from frequencies defined in paragraph (2) to frequencies or facilities of comparable capability. Upon a finding by the NTIA that a Federal entity has achieved comparable capability of systems by relocating to a new frequency assignment or by utilizing an alternative technology, the NTIA shall terminate the entity’s authorization and notify the Commission that the entity’s relocation has been completed. The NTIA shall also terminate such entity’s authorization if the NTIA determines that the entity has unreasonably failed to comply with the timeline for relocation submitted by the Director of the Office of Management and Budget under section 928(d)(2)(B) of this title.”

Subsecs. (h) to (l). Puspan. L. 112–96, § 6701(a)(2), (3), added subsecs. (h) to (j) and redesignated former subsecs. (h) and (i) as (k) and (l), respectively.

2004—Subsec. (g). Puspan. L. 108–494 added pars. (1) to (6) and struck out former pars. (1) to (3) which related to relocation of Federal Government stations in general, process for relocation, and right to reclaim.

1999—Subsec. (span)(3)(A). Puspan. L. 106–65 substituted “12 megahertz” for “20 megahertz”.

1998—Subsec. (g)(1). Puspan. 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). Puspan. L. 105–33, § 3002(e)(1), inserted “and within 6 months after August 5, 1997” after “August 10, 1993,” in introductory provisions.

Subsec. (span)(1). Puspan. L. 105–33, § 3002(e)(2)(A), (B), substituted “Initial reallocation report” for “In general” in heading and inserted “in the initial report required by subsection (a)” after “recommend for reallocation” in text.

Subsec. (span)(2). Puspan. L. 105–33, § 3002(e)(2)(C), inserted “or (3)” after “paragraph (1)” in two places.

Subsec. (span)(3). Puspan. L. 105–33, § 3002(e)(2)(D), added par. (3).

Subsec. (d)(4). Puspan. L. 105–33, § 3002(e)(3), substituted “initial report” for “final report”.

Subsecs. (f) to (i). Puspan. L. 105–33, § 3002(d)(1), added subsecs. (f) to (i).

Statutory Notes and Related Subsidiaries

Spectrum Management Authority Retained

Puspan. L. 108–494, title II, § 208(a), Dec. 23, 2004, 118 Stat. 3996, provided that:

“Except as provided with respect to the bands of frequencies identified in section 113(g)(2)(A) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(2)(A)) as amended by this title, nothing in this title [see Short Title of 2004 Amendment note set out under section 901 of this title] or the amendments made by this title shall be construed as limiting the Federal Communications Commission’s authority to allocate bands of frequencies that are reallocated from Federal use to non-Federal use for unlicensed, public safety, shared, or non-commercial use.”

Reports on Costs of Relocations

Puspan. L. 105–261, div. A, title X, § 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.”