---
kind: "section"
citation: "47 U.S.C. § 1452"
title: "47"
title_heading: "Telecommunications"
number: "1452"
heading: "Special requirements for incentive auction of broadcast TV spectrum"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/47/1452"
units:
  - "Chapter 13 — Public Safety Communications and Electromagnetic Spectrum Auctions"
  - "Subchapter IV — Spectrum Auction Authority"
---

# §1452. Special requirements for incentive auction of broadcast TV spectrum

- (a) **Reverse auction to identify incentive amount—**
  - (1) **In general—** The [Commission](/usc/47/1401.md?p=11) shall conduct a [reverse auction](/usc/47/1401.md?p=30) to determine the amount of compensation that each [broadcast television licensee](/usc/47/1401.md?p=6) would accept in return for voluntarily relinquishing some or all of its [broadcast television spectrum](/usc/47/1401.md?p=7) usage rights in order to make spectrum available for assignment through a system of competitive bidding under subparagraph (G) of [section 309(j)(8) of this title](/usc/47/309.md?p=j-8).
  - (2) **Eligible relinquishments—** A relinquishment of usage rights for purposes of [paragraph (1)](#a-1) shall include the following:
    - (A) Relinquishing all usage rights with respect to a particular television channel without receiving in return any usage rights with respect to another television channel.
    - (B) Relinquishing all usage rights with respect to an [ultra high frequency](/usc/47/1401.md?p=32) television channel in return for receiving usage rights with respect to a [very high frequency](/usc/47/1401.md?p=33) television channel.
    - (C) Relinquishing usage rights in order to share a television channel with another licensee.
  - (3) **Confidentiality—** The [Commission](/usc/47/1401.md?p=11) shall take all reasonable steps necessary to protect the confidentiality of [Commission](/usc/47/1401.md?p=11)-held data of a licensee participating in the [reverse auction](/usc/47/1401.md?p=30) under [paragraph (1)](#a-1), including withholding the identity of such licensee until the reassignments and reallocations (if any) under [subsection (b)(1)(B)](#b-1-B) become effective, as described in [subsection (f)(2)](#f-2).
  - (4) **Protection of carriage rights of licensees sharing a channel—** A broadcast television station that voluntarily relinquishes spectrum usage rights under this subsection in order to share a television channel and that possessed carriage rights under section [338](/usc/47/338.md), [534](/usc/47/534.md), or [535](/usc/47/535.md) of this title on November 30, 2010, shall have, at its shared location, the carriage rights under such section that would apply to such station at such location if it were not sharing a channel.
- (b) **Reorganization of broadcast TV spectrum—**
  - (1) **In general—** For purposes of making available spectrum to carry out the [forward auction](/usc/47/1401.md?p=16) under [subsection (c)(1)](#c-1), the [Commission](/usc/47/1401.md?p=11)—
    - (A) shall evaluate the [broadcast television spectrum](/usc/47/1401.md?p=7) (including spectrum made available through the [reverse auction](/usc/47/1401.md?p=30) under [subsection (a)(1)](#a-1)); and
    - (B) may, subject to international coordination along the border with Mexico and Canada—
      - (i) make such reassignments of television channels as the [Commission](/usc/47/1401.md?p=11) considers appropriate; and
      - (ii) reallocate such portions of such spectrum as the [Commission](/usc/47/1401.md?p=11) determines are available for reallocation.
  - (2) **Factors for consideration—** In making any reassignments or reallocations under [paragraph (1)(B)](#b-1-B), the [Commission](/usc/47/1401.md?p=11) shall make all reasonable efforts to preserve, as of February 22, 2012, the coverage area and population served of each [broadcast television licensee](/usc/47/1401.md?p=6), as determined using the methodology described in OET Bulletin 69 of the Office of Engineering and Technology of the [Commission](/usc/47/1401.md?p=11).
  - (3) **No involuntary relocation from UHF to VHF—** In making any reassignments under [paragraph (1)(B)(i)](#b-1-B-i), the [Commission](/usc/47/1401.md?p=11) may not involuntarily reassign a [broadcast television licensee](/usc/47/1401.md?p=6)—
    - (A) from an [ultra high frequency](/usc/47/1401.md?p=32) television channel to a [very high frequency](/usc/47/1401.md?p=33) television channel; or
    - (B) from a television channel between the frequencies from 174 megahertz to 216 megahertz to a television channel between the frequencies from 54 megahertz to 88 megahertz.
  - (4) **Payment of relocation costs—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#b-4-B), from amounts made available under [subsection (d)(2)](#d-2), the [Commission](/usc/47/1401.md?p=11) shall reimburse costs reasonably incurred by—
      - (i) a [broadcast television licensee](/usc/47/1401.md?p=6) that was reassigned under [paragraph (1)(B)(i)](#b-1-B-i) from one [ultra high frequency](/usc/47/1401.md?p=32) television channel to a different [ultra high frequency](/usc/47/1401.md?p=32) television channel, from one [very high frequency](/usc/47/1401.md?p=33) television channel to a different [very high frequency](/usc/47/1401.md?p=33) television channel, or, in accordance with [subsection (g)(1)(B)](#g-1-B), from a [very high frequency](/usc/47/1401.md?p=33) television channel to an [ultra high frequency](/usc/47/1401.md?p=32) television channel, in order for the licensee to relocate its television service from one channel to the other;
      - (ii) a [multichannel video programming distributor](/usc/47/1401.md?p=19) in order to continue to carry the signal of a [broadcast television licensee](/usc/47/1401.md?p=6) that—
        - (I) is described in [clause (i)](#b-4-A-i);
        - (II) voluntarily relinquishes spectrum usage rights under [subsection (a)](#a) with respect to an [ultra high frequency](/usc/47/1401.md?p=32) television channel in return for receiving usage rights with respect to a [very high frequency](/usc/47/1401.md?p=33) television channel; or
        - (III) voluntarily relinquishes spectrum usage rights under [subsection (a)](#a) to share a television channel with another licensee; or
      - (iii) a channel 37 incumbent user, in order to relocate to other suitable spectrum, provided that all such users can be relocated and that the total relocation costs of such users do not exceed $300,000,000. For the purpose of this section, the spectrum made available through relocation of channel 37 incumbent users shall be deemed as spectrum reclaimed through a [reverse auction](/usc/47/1401.md?p=30) under [subsection (a)](#a).
    - (B) **Regulatory relief—** In lieu of reimbursement for relocation costs under [subparagraph (A)](#b-4-A), a [broadcast television licensee](/usc/47/1401.md?p=6) may accept, and the [Commission](/usc/47/1401.md?p=11) may grant as it considers appropriate, a waiver of the service rules of the [Commission](/usc/47/1401.md?p=11) to permit the licensee, subject to interference protections, to make flexible use of the spectrum assigned to the licensee to provide services other than broadcast television services. Such waiver shall only remain in effect while the licensee provides at least 1 broadcast television program stream on such spectrum at no charge to the public.
    - (C) **Limitation—** The [Commission](/usc/47/1401.md?p=11) may not make reimbursements under [subparagraph (A)](#b-4-A) for lost revenues.
    - (D) **Deadline—** The [Commission](/usc/47/1401.md?p=11) shall make all reimbursements required by [subparagraph (A)](#b-4-A) not later than the date that is 3 years after the completion of the [forward auction](/usc/47/1401.md?p=16) under [subsection (c)(1)](#c-1).
  - (5) **Low-power television usage rights—** Nothing in this subsection shall be construed to alter the spectrum usage rights of low-power television stations.
- (c) **Forward auction—**
  - (1) **Auction required—** The [Commission](/usc/47/1401.md?p=11) shall conduct a [forward auction](/usc/47/1401.md?p=16) in which—
    - (A) the [Commission](/usc/47/1401.md?p=11) assigns licenses for the use of the spectrum that the [Commission](/usc/47/1401.md?p=11) reallocates under [subsection (b)(1)(B)(ii)](#b-1-B-ii); and
    - (B) the amount of the proceeds that the [Commission](/usc/47/1401.md?p=11) shares under clause (i) of [section 309(j)(8)(G) of this title](/usc/47/309.md?p=j-8-G) with each licensee whose bid the [Commission](/usc/47/1401.md?p=11) accepts in the [reverse auction](/usc/47/1401.md?p=30) under [subsection (a)(1)](#a-1) is not less than the amount of such bid.
  - (2) **Minimum proceeds—**
    - (A) **In general—** If the amount of the proceeds from the [forward auction](/usc/47/1401.md?p=16) under [paragraph (1)](#c-1) is not greater than the sum described in [subparagraph (B)](#c-2-B), no licenses shall be assigned through such [forward auction](/usc/47/1401.md?p=16), no reassignments or reallocations under [subsection (b)(1)(B)](#b-1-B) shall become effective, and the [Commission](/usc/47/1401.md?p=11) may not revoke any spectrum usage rights by reason of a bid that the [Commission](/usc/47/1401.md?p=11) accepts in the [reverse auction](/usc/47/1401.md?p=30) under [subsection (a)(1)](#a-1).
    - (B) **Sum described—** The sum described in this subparagraph is the sum of—
      - (i) the total amount of compensation that the [Commission](/usc/47/1401.md?p=11) must pay successful bidders in the [reverse auction](/usc/47/1401.md?p=30) under [subsection (a)(1)](#a-1);
      - (ii) the costs of conducting such [forward auction](/usc/47/1401.md?p=16) that the salaries and expenses account of the [Commission](/usc/47/1401.md?p=11) is required to retain under [section 309(j)(8)(B) of this title](/usc/47/309.md?p=j-8-B); and
      - (iii) the estimated costs for which the [Commission](/usc/47/1401.md?p=11) is required to make reimbursements under [subsection (b)(4)(A)](#b-4-A).
    - (C) **Administrative costs—** The amount of the proceeds from the [forward auction](/usc/47/1401.md?p=16) under [paragraph (1)](#c-1) that the salaries and expenses account of the [Commission](/usc/47/1401.md?p=11) is required to retain under [section 309(j)(8)(B) of this title](/usc/47/309.md?p=j-8-B) shall be sufficient to cover the costs incurred by the [Commission](/usc/47/1401.md?p=11) in conducting the [reverse auction](/usc/47/1401.md?p=30) under [subsection (a)(1)](#a-1), conducting the evaluation of the [broadcast television spectrum](/usc/47/1401.md?p=7) under [subparagraph (A)](#b-1-A) of subsection (b)(1), and making any reassignments or reallocations under [subparagraph (B)](#c-2-B) of such subsection, in addition to the costs incurred by the [Commission](/usc/47/1401.md?p=11) in conducting such [forward auction](/usc/47/1401.md?p=16).
  - (3) **Factor for consideration—** In conducting the [forward auction](/usc/47/1401.md?p=16) under [paragraph (1)](#c-1), the [Commission](/usc/47/1401.md?p=11) shall consider assigning licenses that cover geographic areas of a variety of different sizes.
- (d) **TV Broadcaster Relocation Fund—**
  - (1) **Establishment—** There is established in the Treasury of the United States a fund to be known as the TV Broadcaster Relocation Fund.
  - (2) **Payment of relocation costs—** Any amounts borrowed under [paragraph (3)(A)](#d-3-A) and any amounts in the TV Broadcaster Relocation Fund that are not necessary for reimbursement of the general fund of the Treasury for such borrowed amounts shall be available to the [Commission](/usc/47/1401.md?p=11) to make the payments required by [subsection (b)(4)(A)](#b-4-A).
  - (3) **Borrowing authority—**
    - (A) **In general—** Beginning on the date when any reassignments or reallocations under [subsection (b)(1)(B)](#b-1-B) become effective, as provided in [subsection (f)(2)](#f-2), and ending when $1,000,000,000 has been deposited in the TV Broadcaster Relocation Fund, the [Commission](/usc/47/1401.md?p=11) may borrow from the Treasury of the United States an amount not to exceed $1,000,000,000 to use toward the payments required by [subsection (b)(4)(A)](#b-4-A).
    - (B) **Reimbursement—** The [Commission](/usc/47/1401.md?p=11) shall reimburse the general fund of the Treasury, without interest, for any amounts borrowed under [subparagraph (A)](#d-3-A) as funds are deposited into the TV Broadcaster Relocation Fund.
  - (4) **Transfer of unused funds—** If any amounts remain in the TV Broadcaster Relocation Fund after the date that is 3 years after the completion of the [forward auction](/usc/47/1401.md?p=16) under [subsection (c)(1)](#c-1), the Secretary of the Treasury shall—
    - (A) prior to the end of fiscal year 2022, transfer such amounts to the [Public Safety Trust Fund](/usc/47/1401.md?p=28) established by [section 1457(a)(1) of this title](/usc/47/1457.md?p=a-1); and
    - (B) after the end of fiscal year 2022, transfer such amounts to the general fund of the Treasury, where such amounts shall be dedicated for the sole purpose of deficit reduction.
- (e) **Numerical limitation on auctions and reorganization—** The [Commission](/usc/47/1401.md?p=11) may not complete more than one [reverse auction](/usc/47/1401.md?p=30) under [subsection (a)(1)](#a-1) or more than one reorganization of the [broadcast television spectrum](/usc/47/1401.md?p=7) under [subsection (b)](#b).
- (f) **Timing—**
  - (1) **Contemporaneous auctions and reorganization permitted—** The [Commission](/usc/47/1401.md?p=11) may conduct the [reverse auction](/usc/47/1401.md?p=30) under [subsection (a)(1)](#a-1), any reassignments or reallocations under [subsection (b)(1)(B)](#b-1-B), and the [forward auction](/usc/47/1401.md?p=16) under [subsection (c)(1)](#c-1) on a contemporaneous basis.
  - (2) **Effectiveness of reassignments and reallocations—** Notwithstanding [paragraph (1)](#f-1), no reassignments or reallocations under [subsection (b)(1)(B)](#b-1-B) shall become effective until the completion of the [reverse auction](/usc/47/1401.md?p=30) under [subsection (a)(1)](#a-1) and the [forward auction](/usc/47/1401.md?p=16) under [subsection (c)(1)](#c-1), and, to the extent practicable, all such reassignments and reallocations shall become effective simultaneously.
  - (3) **Deadline—** The [Commission](/usc/47/1401.md?p=11) may not conduct the [reverse auction](/usc/47/1401.md?p=30) under [subsection (a)(1)](#a-1) or the [forward auction](/usc/47/1401.md?p=16) under [subsection (c)(1)](#c-1) after the end of fiscal year 2022.
  - (4) **Limit on discretion regarding auction timing—** [Section 309(j)(15)(A) of this title](/usc/47/309.md?p=j-15-A) shall not apply in the case of an auction conducted under this section.
- (g) **Limitation on reorganization authority—**
  - (1) **In general—** During the period described in [paragraph (2)](#g-2), the [Commission](/usc/47/1401.md?p=11) may not—
    - (A) involuntarily modify the spectrum usage rights of a [broadcast television licensee](/usc/47/1401.md?p=6) or reassign such a licensee to another television channel except—
      - (i) in accordance with this section; or
      - (ii) in the case of a violation by such licensee of the terms of its license or a specific provision of a statute administered by the [Commission](/usc/47/1401.md?p=11), or a regulation of the [Commission](/usc/47/1401.md?p=11) promulgated under any such provision; or
    - (B) reassign a [broadcast television licensee](/usc/47/1401.md?p=6) from a [very high frequency](/usc/47/1401.md?p=33) television channel to an [ultra high frequency](/usc/47/1401.md?p=32) television channel, unless—
      - (i) such a reassignment will not decrease the total amount of [ultra high frequency](/usc/47/1401.md?p=32) spectrum made available for reallocation under this section; or
      - (ii) a request from such licensee for the reassignment was pending at the [Commission](/usc/47/1401.md?p=11) on May 31, 2011.
  - (2) **Period described—** The period described in this paragraph is the period beginning on February 22, 2012, and ending on the earliest of—
    - (A) the first date when the [reverse auction](/usc/47/1401.md?p=30) under [subsection (a)(1)](#a-1), the reassignments and reallocations (if any) under [subsection (b)(1)(B)](#b-1-B), and the [forward auction](/usc/47/1401.md?p=16) under [subsection (c)(1)](#c-1) have been completed;
    - (B) the date of a determination by the [Commission](/usc/47/1401.md?p=11) that the amount of the proceeds from the [forward auction](/usc/47/1401.md?p=16) under [subsection (c)(1)](#c-1) is not greater than the sum described in [subsection (c)(2)(B)](#c-2-B); or
    - (C) September 30, 2022.
- (h) **Protest right inapplicable—** The right of a licensee to protest a proposed order of modification of its license under [section 316 of this title](/usc/47/316.md) shall not apply in the case of a modification made under this section.
- (i) **Commission authority—** Nothing in [subsection (b)](#b) shall be construed to—
  - (1) expand or contract the authority of the [Commission](/usc/47/1401.md?p=11), except as otherwise expressly provided; or
  - (2) prevent the implementation of the [Commission](/usc/47/1401.md?p=11)’s “White Spaces” Second Report and Order and Memorandum Opinion and Order (FCC 08–260, adopted November 4, 2008) in the spectrum that remains allocated for broadcast television use after the reorganization required by such subsection.
- (j) **Reserve source for payment of relocation costs—**
  - (1) **Funding—** There are hereby authorized to be appropriated, and appropriated, to the TV Broadcaster Relocation Fund established by [subsection (d)](#d), out of any monies in the Treasury not otherwise appropriated—
    - (A) for fiscal year 2018, $600,000,000, to remain available, notwithstanding [subsection (d)(4)](#d-4), until not later than July 3, 2023, pursuant to this subsection; and
    - (B) for fiscal year 2019, $400,000,000, to remain available, notwithstanding [subsection (d)(4)](#d-4), until not later than July 3, 2023, pursuant to this subsection.
  - (2) **Availability of funds—**
    - (A) **In general—** If the [Commission](/usc/47/1401.md?p=11) makes the certification described in [subparagraph (B)](#j-2-B), amounts made available to the TV Broadcaster Relocation Fund by [paragraph (1)](#j-1) shall be available to the [Commission](/usc/47/1401.md?p=11) to make—
      - (i) reimbursements pursuant to subsection [(b)(4)(A)(i)](#b-4-A-i) or [(b)(4)(A)(ii)](#b-4-A-ii), including not more than $350,000,000 for this purpose from funds made available by [paragraph (1)(A)](#j-1-A);
      - (ii) payments required by [subsection (k)](#k), including not more than $150,000,000 for this purpose from funds made available by [paragraph (1)(A)](#j-1-A);
      - (iii) payments required by [subsection (l)](#l), including not more than $50,000,000 for this purpose from funds made available by [paragraph (1)(A)](#j-1-A); and
      - (iv) payments solely for the purposes of consumer education relating to the reorganization of [broadcast television spectrum](/usc/47/1401.md?p=7) under [subsection (b)](#b), including $50,000,000 for this purpose from funds made available by [paragraph (1)(A)](#j-1-A).
    - (B) **Certification—** The certification described in this subparagraph is a certification from the [Commission](/usc/47/1401.md?p=11) to the Secretary of the Treasury that the funds available prior to March 23, 2018, in the TV Broadcaster Relocation Fund are likely to be insufficient to reimburse reasonably incurred costs described in subsection [(b)(4)(A)(i)](#b-4-A-i) or [(b)(4)(A)(ii)](#b-4-A-ii).
    - (C) **Availability for payments after April 13, 2020—**
      - (i) **For payments to broadcast television licensees and MVPDs—** Notwithstanding [subsection (b)(4)(D)](#b-4-D), the [Commission](/usc/47/1401.md?p=11) may make payments pursuant to subsection [(b)(4)(A)(i)](#b-4-A-i) or [(b)(4)(A)(ii)](#b-4-A-ii) from amounts made available to the TV Broadcaster Relocation Fund by [paragraph (1)](#j-1) after April 13, 2020, if, before making any such payments after such date, the [Commission](/usc/47/1401.md?p=11) submits to Congress a certification that such payments are necessary to reimburse reasonably incurred costs described in such subsection.
      - (ii) **For payments to television translator stations and low power television stations—** Amounts made available to the TV Broadcaster Relocation Fund by [paragraph (1)](#j-1) shall not be available to the [Commission](/usc/47/1401.md?p=11) to make payments required by [subsection (k)](#k) after April 13, 2020, unless, before making any such payments after such date, the [Commission](/usc/47/1401.md?p=11) submits to Congress a certification that such payments are necessary to reimburse costs reasonably incurred by a television translator station or low power television station (as such terms are defined in [subsection (k)](#k)) on or after January 1, 2017, in order for such station to relocate its television service from one channel to another channel or otherwise modify its facility as a result of the reorganization of [broadcast television spectrum](/usc/47/1401.md?p=7) under [subsection (b)](#b).
      - (iii) **For payments to FM broadcast stations—** Amounts made available to the TV Broadcaster Relocation Fund by [paragraph (1)](#j-1) shall not be available to the [Commission](/usc/47/1401.md?p=11) to make payments required by [subsection (l)](#l) after April 13, 2020, unless, before making any such payments after such date, the [Commission](/usc/47/1401.md?p=11) submits to Congress a certification that such payments are necessary to reimburse costs reasonably incurred by an FM broadcast station (as defined in [subsection (l)](#l)) for facilities necessary for such station to reasonably minimize disruption of service as a result of the reorganization of [broadcast television spectrum](/usc/47/1401.md?p=7) under [subsection (b)](#b).
  - (3) **Unused funds rescinded and deposited into the general fund of the treasury—**
    - (A) **Rescission and deposit—** If any unobligated amounts made available to the TV Broadcaster Relocation Fund by [paragraph (1)](#j-1) remain in the Fund after the date described in [subparagraph (B)](#j-3-B), such amounts shall be rescinded and deposited into the general fund of the Treasury, where such amounts shall be dedicated for the sole purpose of deficit reduction.
    - (B) **Date described—** The date described in this subparagraph is the earlier of—
      - (i) the date of a certification by the [Commission](/usc/47/1401.md?p=11) under [subparagraph (C)](#j-3-C) that all reimbursements pursuant to subsections [(b)(4)(A)(i)](#b-4-A-i) and [(b)(4)(A)(ii)](#b-4-A-ii) have been made and that all reimbursements pursuant to subsections [(k)](#k) and [(l)](#l) have been made; or
      - (ii) July 3, 2023.
    - (C) **Certification—** If all reimbursements pursuant to subsections [(b)(4)(A)(i)](#b-4-A-i) and [(b)(4)(A)(ii)](#b-4-A-ii) and all reimbursements pursuant to subsections [(k)](#k) and [(l)](#l) have been made before July 3, 2023, the [Commission](/usc/47/1401.md?p=11) shall submit to the Secretary of the Treasury a certification that all such reimbursements have been made.
  - (4) **Administrative costs—** The amount of auction proceeds that the salaries and expenses account of the [Commission](/usc/47/1401.md?p=11) is required to retain under [section 309(j)(8)(B) of this title](/usc/47/309.md?p=j-8-B), including from the proceeds of the [forward auction](/usc/47/1401.md?p=16) under this section, shall be sufficient to cover the administrative costs incurred by the [Commission](/usc/47/1401.md?p=11) in making any reimbursements out of the TV Broadcaster Relocation Fund from amounts made available to that Fund by [paragraph (1)](#j-1).
- (k) **Payment of relocation costs of television translator stations and low power television stations—**
  - (1) **Payment required—** From amounts made available under [subsection (j)(2)](#j-2), the [Commission](/usc/47/1401.md?p=11) shall reimburse costs reasonably incurred by a television translator station or low power television station on or after January 1, 2017, in order for such station to relocate its television service from one channel to another channel or otherwise modify its facility as a result of the reorganization of [broadcast television spectrum](/usc/47/1401.md?p=7) under [subsection (b)](#b). Only stations that are eligible to file and do file an application in the [Commission](/usc/47/1401.md?p=11)’s Special Displacement Window are eligible to seek reimbursement under this paragraph.
  - (2) **Limitation—** The [Commission](/usc/47/1401.md?p=11) may not make reimbursements under [paragraph (1)](#k-1) for lost revenues.
  - (3) **Duplicative payments prohibited—** In the case of a low power television station that has been accorded primary status as a Class A television licensee under section 73.6001(a) of title 47, Code of Federal Regulations—
    - (A) if the licensee of such station has received reimbursement with respect to such station under [subsection (b)(4)(A)(i)](#b-4-A-i) (including from amounts made available under [subsection (j)(2)(A)(i)](#j-2-A-i)), or from any other source, such station may not receive reimbursement under [paragraph (1)](#k-1); and
    - (B) if such station has received reimbursement under [paragraph (1)](#k-1), the licensee of such station may not receive reimbursement with respect to such station under [subsection (b)(4)(A)(i)](#b-4-A-i).
  - (4) **Additional limitation—** The [Commission](/usc/47/1401.md?p=11) may not make reimbursement under [paragraph (1)](#k-1) for costs incurred to resolve mutually exclusive applications, including costs incurred in any auction of available channels.
  - (5) **Definitions—** In this subsection:
    - (A) **Low power television station—** The term “low power television station” means a low power TV station (as defined in section 74.701 of title 47, Code of Federal Regulations) that was licensed and transmitting for at least 9 of the 12 months prior to April 13, 2017. For purposes of the preceding sentence, the operation of analog and digital companion facilities may be combined.
    - (B) **Television translator station—** The term “television translator station” means a television broadcast translator station (as defined in section 74.701 of title 47, Code of Federal Regulations) that was licensed and transmitting for at least 9 of the 12 months prior to April 13, 2017. For purposes of the preceding sentence, the operation of analog and digital companion facilities may be combined.
- (l) **Payment of Relocation Costs of FM Broadcast Stations—**
  - (1) **Payment required—**
    - (A) **In general—** From amounts made available under [subsection (j)(2)](#j-2), the [Commission](/usc/47/1401.md?p=11) shall reimburse costs reasonably incurred by an FM broadcast station for facilities necessary for such station to reasonably minimize disruption of service as a result of the reorganization of [broadcast television spectrum](/usc/47/1401.md?p=7) under [subsection (b)](#b).
    - (B) **Limitation—** The [Commission](/usc/47/1401.md?p=11) may not make reimbursements under [subparagraph (A)](#l-1-A) for lost revenues.
    - (C) **Duplicative payments prohibited—** If an FM broadcast station has received a payment for interim facilities from the licensee of a television broadcast station that was reimbursed for such payment under [subsection (b)(4)(A)(i)](#b-4-A-i) (including from amounts made available under [subsection (j)(2)(A)(i)](#j-2-A-i)), or from any other source, such FM broadcast station may not receive any reimbursements under [subparagraph (A)](#l-1-A).
  - (2) **FM broadcast station defined—** In this subsection, the term ‘FM broadcast station’ has the meaning given such term in section 73.310 of title 47, Code of Federal Regulations, and includes an FM translator, which has the meaning given the term “FM translator” in section 74.1201 of such title.
- (m) **Rulemaking—**
  - (1) **In general—** Not later than 1 year after March 23, 2018, the [Commission](/usc/47/1401.md?p=11) shall complete a rulemaking to implement subsections [(k)](#k) and [(l)](#l).
  - (2) **Matters for inclusion—** The rulemaking completed under [paragraph (1)](#m-1) shall include the development of lists of reasonable eligible costs to be reimbursed by the [Commission](/usc/47/1401.md?p=11) pursuant to subsections [(k)](#k) and [(l)](#l), and procedures for the submission and review of cost estimates and other materials related to those costs consistent with the regulations developed by the [Commission](/usc/47/1401.md?p=11) pursuant to [subsection (b)(4)](#b-4).
- (n) **Rule of construction—**
  - (1) Nothing in subsections [(j)](#j) through [(m)](#m) shall alter the final transition phase completion date established by the [Commission](/usc/47/1401.md?p=11) for full power and Class A television stations.

## Source credit

(Pub. L. 112–96, title VI, § 6403, Feb. 22, 2012, 126 Stat. 225; Pub. L. 115–141, div. E, title V, § 511, Mar. 23, 2018, 132 Stat. 563.)

## Notes

### Editorial Notes

### Amendments

2018—Subsecs. (j) to (n). Pub. L. 115–141 added subsecs. (j) to (n).