US Codex
U.S.C.
Notes

§1501. Definitions — Inbound Citations

47 U.S.C. § 1501

Cited by 41 provisions in release 119-102.

Citations to §1501(1)

Citations to §1501(2)

  • 47 U.S.C. § 1502(a)(1)
    Go to provision →
    (1) Not later than December 31, 2022, the Secretary, working through the NTIA, and the Commission shall identify a total of at least 255 megahertz of Federal and non-Federal spectrum for mobile and fixed wireless broadband use.
  • 47 U.S.C. § 1502(a)(2)(B)
    Go to provision →
    (B) 100 megahertz below the frequency of 6000 megahertz shall be identified for use on an exclusive, licensed basis for commercial mobile use, pursuant to the Commission’s authority to implement such licensing in a flexible manner, and subject to potential continued use of such spectrum by incumbent Federal entities in designated geographic areas indefinitely or for such length of time stipulated in transition plans approved by the Technical Panel under section 923(h) of this title for those incumbent entities to be relocated to alternate spectrum; and
  • 47 U.S.C. § 1502(a)(3)(E)
    Go to provision →
    (E) Spectrum that the Commission determines had more than de minimis mobile or fixed wireless broadband operations within the band on the day before March 23, 2018.
  • 47 U.S.C. § 1502(a)(7)
    Go to provision →
    (7) In identifying spectrum for use under this section, the Secretary, working through the NTIA, and Commission shall consider—
    (A) the need to preserve critical existing and planned Federal Government capabilities;
    (B) the impact on existing State, local, and tribal government capabilities;
    (C) the international implications;
    (D) the need for appropriate enforcement mechanisms and authorities; and
    (E) the importance of the deployment of wireless broadband services in rural areas of the United States.
  • 47 U.S.C. § 1503(a)
    Go to provision →
    (a) Not later than 2 years after March 23, 2018, the Commission shall publish a notice of proposed rulemaking to consider service rules to authorize mobile or fixed terrestrial wireless operations, including for advanced mobile service operations, in the radio frequency band between 42000 and 42500 megahertz.
  • 47 U.S.C. § 1503(b)
    Go to provision →
    (b) In conducting a rulemaking under subsection (a), the Commission shall—
    (1) consider how the band described in subsection (a) may be used to provide commercial wireless broadband service, including whether—
    (A) such spectrum may be best used for licensed or unlicensed services, or some combination thereof; and
    (B) to permit additional licensed operations in such band on a shared basis; and
    (2) include technical characteristics under which the band described in subsection (a) may be employed for mobile or fixed terrestrial wireless operations, including any appropriate coexistence requirements.
  • 47 U.S.C. § 1505(a)
    Go to provision →
    (a) After public notice and comment, and in consultation with the Assistant Secretary of Commerce for Communications and Information and the head of each affected Federal agency (or a designee thereof), with respect to frequencies allocated for Federal use, the Commission shall adopt rules that permit unlicensed services where feasible to use any frequencies that are designated as guard bands to protect frequencies allocated after March 23, 2018, by competitive bidding under section 309(j) of this title, including spectrum that acts as a duplex gap between transmit and receive frequencies.
  • 47 U.S.C. § 1505(b)
    Go to provision →
    (b) The Commission may not permit any use of a guard band under this section that would cause harmful interference to a licensed service or a Federal service.
  • 47 U.S.C. § 1505(c)
    Go to provision →
    (c) Nothing in this section shall be construed as limiting the Commission or the Assistant Secretary of Commerce for Communications and Information from otherwise making spectrum available for licensed or unlicensed use in any frequency band in addition to guard bands, including under section 1502 of this title, consistent with their statutory jurisdictions.
  • 47 U.S.C. § 1506(b)(1)
    Go to provision →
    (1) Not later than 1 year after March 23, 2018, the Commission shall initiate a rulemaking proceeding to assess whether to establish a program, or modify existing programs, under which a licensee that receives a license for the exclusive use of spectrum in a specific geographic area under section 301 of this title may partition or disaggregate the license by sale or long-term lease—
    (A) in order to—
    (i) provide services consistent with the license; and
    (ii) make unused spectrum available to—
    (I) an unaffiliated covered small carrier; or
    (II) an unaffiliated carrier to serve a rural area; and
    (B) if the Commission finds that such a program would promote—
    (i) the availability of advanced telecommunications services in rural areas; or
    (ii) spectrum availability for covered small carriers.
  • 47 U.S.C. § 1506(b)(1)(B)
    Go to provision →
    (B) if the Commission finds that such a program would promote—
    (i) the availability of advanced telecommunications services in rural areas; or
    (ii) spectrum availability for covered small carriers.
  • 47 U.S.C. § 1506(b)(2)
    Go to provision →
    (2) In conducting the rulemaking proceeding under paragraph (1), the Commission shall consider, with respect to the program proposed to be established under that paragraph—
    (A) whether reduced performance requirements with respect to spectrum obtained through the program would facilitate deployment of advanced telecommunications services in the areas covered by the program;
    (B) what conditions may be needed on transfers of spectrum under the program to allow covered small carriers that obtain spectrum under the program to build out the spectrum in a reasonable period of time;
    (C) what incentives may be appropriate to encourage licensees to lease or sell spectrum, including—
    (i) extending the term of a license granted under section 301 of this title; or
    (ii) modifying performance requirements of the license relating to the leased or sold spectrum; and
    (D) the administrative feasibility of—
    (i) the incentives described in subparagraph (C); and
    (ii) other incentives considered by the Commission that further the goals of this section.
  • 47 U.S.C. § 1506(b)(2)(D)(ii)
    Go to provision →
    (ii) other incentives considered by the Commission that further the goals of this section.
  • 47 U.S.C. § 1506(b)(3)
    Go to provision →
    (3) If a party fails to meet any build out requirements set by the Commission for any spectrum sold or leased under this section, the right to the spectrum shall be forfeited to the Commission unless the Commission finds that there is good cause for the failure of the party.
  • 47 U.S.C. § 1506(b)(4)
    Go to provision →
    (4) The Commission may offer a licensee incentives or reduced performance requirements under this section only if the Commission finds that doing so would likely result in increased availability of advanced telecommunications services in a rural area.
  • 47 U.S.C. § 1507(b)
    Go to provision →
    (b) The Commission shall ensure that the efforts of the Commission related to spectrum allocation and assignment made available on an unlicensed basis radio frequency bands to address demand for unlicensed wireless broadband operations if doing so is, after taking into account the future needs of homeland security, national security, and other spectrum users—
    (1) reasonable; and
    (2) in the public interest.
  • 47 U.S.C. § 1508(b)
    Go to provision →
    (b) Not later than 18 months after March 23, 2018, the Commission, in consultation with the NTIA, shall develop a national plan for making additional radio frequency bands available for unlicensed or licensed by rule operations.
  • 47 U.S.C. § 1508(c)(2)
    Go to provision →
    (2) recommend specific actions by the Commission and the NTIA to permit unlicensed or licensed by rule operations in additional radio frequency ranges that the Commission finds—
    (A) are consistent with the statement of policy under section 1507(a) of this title;
    (B) will—
    (i) expand opportunities for unlicensed or licensed by rule operations in a spectrum band; or
    (ii) otherwise improve spectrum utilization and intensity of use of bands where unlicensed or licensed by rule operations are already permitted;
    (C) will not cause harmful interference to Federal or non-Federal users of such bands; and
    (D) will not significantly impact homeland security or national security communications systems; and
  • 47 U.S.C. § 1508(d)
    Go to provision →
    (d) To be included as an appendix as part of the plan developed under this section, the NTIA, in consultation with the Director of the Office of Management and Budget, shall share with the Commission recommendations about how to reform the Spectrum Relocation Fund—
    (1) to address costs incurred by Federal entities related to sharing radio frequency bands with radio technologies conducting unlicensed or licensed by rule operations; and
    (2) to ensure the Spectrum Relocation Fund has sufficient funds to cover—
    (A) the costs described in paragraph (1); and
    (B) other expenditures allowed of the Spectrum Relocation Fund under section 928 of this title.
  • 47 U.S.C. § 1508(e)(1)
    Go to provision →
    (1) Not later than 18 months after March 23, 2018, the Commission shall submit to the appropriate committees of Congress a report that describes the plan developed under this section, including any recommendations for legislative change.
  • 47 U.S.C. § 1508(e)(2)
    Go to provision →
    (2) Not later than the date on which the Commission submits the report under paragraph (1), the Commission shall make the report publicly available on the website of the Commission.
  • 47 U.S.C. § 1509(c)(2)(B)
    Go to provision →
    (B) invite the Defense Advanced Research Projects Agency, the Commission, the National Aeronautics and Space Administration, the National Science Foundation, or any other Federal agency to provide advice and assistance in the design or administration of the prize competitions; and
  • 47 U.S.C. § 1509(d)
    Go to provision →
    (d) Not later than 180 days after the date on which funds for prize competitions are made available pursuant to this section, the Commission shall publish a technical paper on spectrum efficiency providing criteria that may be used for the design of the prize competitions.

Citations to §1501(3)

  • 47 U.S.C. § 1502(a)(2)(B)
    Go to provision →
    (B) 100 megahertz below the frequency of 6000 megahertz shall be identified for use on an exclusive, licensed basis for commercial mobile use, pursuant to the Commission’s authority to implement such licensing in a flexible manner, and subject to potential continued use of such spectrum by incumbent Federal entities in designated geographic areas indefinitely or for such length of time stipulated in transition plans approved by the Technical Panel under section 923(h) of this title for those incumbent entities to be relocated to alternate spectrum; and
  • 47 U.S.C. § 1508(d)(1)
    Go to provision →
    (1) to address costs incurred by Federal entities related to sharing radio frequency bands with radio technologies conducting unlicensed or licensed by rule operations; and

Citations to §1501(4)

  • 47 U.S.C. § 1502(a)(1)
    Go to provision →
    (1) Not later than December 31, 2022, the Secretary, working through the NTIA, and the Commission shall identify a total of at least 255 megahertz of Federal and non-Federal spectrum for mobile and fixed wireless broadband use.
  • 47 U.S.C. § 1502(a)(7)
    Go to provision →
    (7) In identifying spectrum for use under this section, the Secretary, working through the NTIA, and Commission shall consider—
    (A) the need to preserve critical existing and planned Federal Government capabilities;
    (B) the impact on existing State, local, and tribal government capabilities;
    (C) the international implications;
    (D) the need for appropriate enforcement mechanisms and authorities; and
    (E) the importance of the deployment of wireless broadband services in rural areas of the United States.
  • 47 U.S.C. § 1508(b)
    Go to provision →
    (b) Not later than 18 months after March 23, 2018, the Commission, in consultation with the NTIA, shall develop a national plan for making additional radio frequency bands available for unlicensed or licensed by rule operations.
  • 47 U.S.C. § 1508(c)(2)
    Go to provision →
    (2) recommend specific actions by the Commission and the NTIA to permit unlicensed or licensed by rule operations in additional radio frequency ranges that the Commission finds—
    (A) are consistent with the statement of policy under section 1507(a) of this title;
    (B) will—
    (i) expand opportunities for unlicensed or licensed by rule operations in a spectrum band; or
    (ii) otherwise improve spectrum utilization and intensity of use of bands where unlicensed or licensed by rule operations are already permitted;
    (C) will not cause harmful interference to Federal or non-Federal users of such bands; and
    (D) will not significantly impact homeland security or national security communications systems; and
  • 47 U.S.C. § 1508(d)
    Go to provision →
    (d) To be included as an appendix as part of the plan developed under this section, the NTIA, in consultation with the Director of the Office of Management and Budget, shall share with the Commission recommendations about how to reform the Spectrum Relocation Fund—
    (1) to address costs incurred by Federal entities related to sharing radio frequency bands with radio technologies conducting unlicensed or licensed by rule operations; and
    (2) to ensure the Spectrum Relocation Fund has sufficient funds to cover—
    (A) the costs described in paragraph (1); and
    (B) other expenditures allowed of the Spectrum Relocation Fund under section 928 of this title.

Citations to §1501(5)

Citations to §1501(6)

  • 47 U.S.C. § 1502(a)(1)
    Go to provision →
    (1) Not later than December 31, 2022, the Secretary, working through the NTIA, and the Commission shall identify a total of at least 255 megahertz of Federal and non-Federal spectrum for mobile and fixed wireless broadband use.
  • 47 U.S.C. § 1502(a)(7)
    Go to provision →
    (7) In identifying spectrum for use under this section, the Secretary, working through the NTIA, and Commission shall consider—
    (A) the need to preserve critical existing and planned Federal Government capabilities;
    (B) the impact on existing State, local, and tribal government capabilities;
    (C) the international implications;
    (D) the need for appropriate enforcement mechanisms and authorities; and
    (E) the importance of the deployment of wireless broadband services in rural areas of the United States.
  • 47 U.S.C. § 1504(b)
    Go to provision →
    (b) To facilitate the installation of broadband infrastructure, the Secretary of Transportation shall promulgate regulations to ensure that each State that receives funds under chapter 1 of title 23 meets the following requirements:
    (1) The State department of transportation, in consultation with appropriate State agencies, shall—
    (A) identify a broadband utility coordinator, that may have additional responsibilities, whether in the State department of transportation or in another State agency, that is responsible for facilitating the broadband infrastructure right-of-way efforts within the State;
    (B) establish a process for the registration of broadband infrastructure entities that seek to be included in those broadband infrastructure right-of-way facilitation efforts within the State;
    (C) establish a process to electronically notify broadband infrastructure entities identified under subparagraph (B) of the State transportation improvement program on an annual basis and provide additional notifications as necessary to achieve the goals of this section; and
    (D) coordinate initiatives carried out under this section with other statewide telecommunication and broadband plans and State and local transportation and land use plans, including strategies to minimize repeated excavations that involve the installation of broadband infrastructure in a right-of-way.
    (2) If a State chooses to provide for the installation of broadband infrastructure in the right-of-way of an applicable Federal-aid highway project under this subsection, the State department of transportation shall carry out any appropriate measures to ensure that any existing broadband infrastructure entities are not disadvantaged, as compared to other broadband infrastructure entities, with respect to the program under this subsection.
  • 47 U.S.C. § 1504(c)
    Go to provision →
    (c) This section applies only to activities for which Federal obligations or expenditures are initially approved on or after the date regulations under subsection (b) become effective. Nothing in this section establishes a mandate or requirement that a State install or allow the installation of broadband infrastructure in a highway right-of-way. Nothing in this section authorizes the Secretary of Transportation to withhold or reserve funds or approval of a project under title 23.
  • 47 U.S.C. § 1505(a)
    Go to provision →
    (a) After public notice and comment, and in consultation with the Assistant Secretary of Commerce for Communications and Information and the head of each affected Federal agency (or a designee thereof), with respect to frequencies allocated for Federal use, the Commission shall adopt rules that permit unlicensed services where feasible to use any frequencies that are designated as guard bands to protect frequencies allocated after March 23, 2018, by competitive bidding under section 309(j) of this title, including spectrum that acts as a duplex gap between transmit and receive frequencies.
  • 47 U.S.C. § 1505(c)
    Go to provision →
    (c) Nothing in this section shall be construed as limiting the Commission or the Assistant Secretary of Commerce for Communications and Information from otherwise making spectrum available for licensed or unlicensed use in any frequency band in addition to guard bands, including under section 1502 of this title, consistent with their statutory jurisdictions.
  • 47 U.S.C. § 1509(b)
    Go to provision →
    (b) In this section, the term “prize competition” means a prize competition conducted by the Secretary under subsection (c)(1).
  • 47 U.S.C. § 1509(c)(1)
    Go to provision →
    (1) The Secretary, in consultation with the Assistant Secretary of Commerce for Communications and Information and the Under Secretary of Commerce for Standards and Technology, shall, subject to the availability of funds for prize competitions under this section—
    (A) conduct prize competitions to dramatically accelerate the development and commercialization of technology that improves spectrum efficiency and is capable of cost-effective deployment; and
    (B) define a measurable set of performance goals for participants in the prize competitions to demonstrate their solutions on a level playing field while making a significant advancement over the current state of the art.
  • 47 U.S.C. § 1509(c)(2)
    Go to provision →
    (2) In carrying out paragraph (1), the Secretary may—
    (A) enter into a grant, contract, cooperative agreement, or other agreement with a private sector for-profit or nonprofit entity to administer the prize competitions;
    (B) invite the Defense Advanced Research Projects Agency, the Commission, the National Aeronautics and Space Administration, the National Science Foundation, or any other Federal agency to provide advice and assistance in the design or administration of the prize competitions; and
    (C) award not more than $5,000,000, in the aggregate, to the winner or winners of the prize competitions.