---
kind: "section"
citation: "47 U.S.C. § 1453"
title: "47"
title_heading: "Telecommunications"
number: "1453"
heading: "Unlicensed use in the 5 GHZ band"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/47/1453"
units:
  - "Chapter 13 — Public Safety Communications and Electromagnetic Spectrum Auctions"
  - "Subchapter IV — Spectrum Auction Authority"
---

# §1453. Unlicensed use in the 5 GHZ band

- (a) **Modification of Commission regulations to allow certain unlicensed use—**
  - (1) **In general—** Subject to [paragraph (2)](#a-2), not later than 1 year after February 22, 2012, the [Commission](/usc/47/1401.md?p=11) shall begin a proceeding to modify part [15](/usc/47/15.md) of title 47, Code of Federal Regulations, to allow unlicensed U–NII devices to operate in the 5350–5470 MHz band.
  - (2) **Required determinations—** The [Commission](/usc/47/1401.md?p=11) may make the modification described in [paragraph (1)](#a-1) only if the [Commission](/usc/47/1401.md?p=11), in consultation with the [Assistant Secretary](/usc/47/1401.md?p=4), determines that—
    - (A) licensed users will be protected by technical solutions, including use of existing, modified, or new spectrum-sharing technologies and solutions, such as dynamic frequency selection; and
    - (B) the primary mission of Federal spectrum users in the 5350–5470 MHz band will not be compromised by the introduction of unlicensed devices.
- (b) **Study by NTIA—**
  - (1) **In general—** The [Assistant Secretary](/usc/47/1401.md?p=4), in consultation with the Department of Defense and other impacted agencies, shall conduct a study evaluating known and proposed spectrum-sharing technologies and the risk to Federal users if unlicensed U–NII devices were allowed to operate in the 5350–5470 MHz band and in the 5850–5925 MHz band.
  - (2) **Submission—** The [Assistant Secretary](/usc/47/1401.md?p=4) shall submit to the [Commission](/usc/47/1401.md?p=11) and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
    - (A) not later than 8 months after February 22, 2012, a report on the portion of the study required by [paragraph (1)](#b-1) with respect to the 5350–5470 MHz band; and
    - (B) not later than 18 months after February 22, 2012, a report on the portion of the study required by [paragraph (1)](#b-1) with respect to the 5850–5925 MHz band.
- (c) **Definitions—** In this section:
  - (1) **5350–5470 MHz band—** The term “5350–5470 MHz band” means the portion of the electromagnetic spectrum between the frequencies from 5350 megahertz to 5470 megahertz.
  - (2) **5850–5925 MHz band—** The term “5850–5925 MHz band” means the portion of the electromagnetic spectrum between the frequencies from 5850 megahertz to 5925 megahertz.

## Source credit

(Pub. L. 112–96, title VI, § 6406, Feb. 22, 2012, 126 Stat. 231.)