US Codex
U.S.C.
Notes

§901. Definitions; findings; policy — Inbound Citations

47 U.S.C. § 901

Cited by 192 provisions in release 119-102.

Citations to §901(a)(1)

  • 47 U.S.C. § 902(a)(2)
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    (2) 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.
  • 47 U.S.C. § 902(b)(1)
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    (1) 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.
  • 47 U.S.C. § 902(b)(3)(A)
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    (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));
  • 47 U.S.C. § 902(b)(3)(B)
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    (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
  • 47 U.S.C. § 902(b)(3)(C)
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    (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.
  • 47 U.S.C. § 903(a)
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    (a) 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.
  • 47 U.S.C. § 903(e)(1)
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    (1) Within 90 days after August 10, 1993, the Secretary and the NTIA shall amend the spectrum management document described in subsection (a) 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.
  • 47 U.S.C. § 903(e)(1)(A)
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    (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
  • 47 U.S.C. § 903(e)(1)(B)
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    (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.
  • 47 U.S.C. § 903(e)(2)
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    (2) The NTIA shall maintain on file the proofs submitted under paragraph (1), or facsimiles thereof.
  • 47 U.S.C. § 903(e)(3)
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    (3) 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.
  • 47 U.S.C. § 904(a)(1)
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    (1) 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.
  • 47 U.S.C. § 904(b)
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    (b) 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.
  • 47 U.S.C. § 904(c)(1)
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    (1) The Secretary and NTIA shall issue such regulations as may be necessary to carry out the functions assigned under this chapter.
  • 47 U.S.C. § 904(c)(2)
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    (2) 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.
  • 47 U.S.C. § 904(d)(1)
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    (1) 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.
  • 47 U.S.C. § 904(d)(2)
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    (2) 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.
  • 47 U.S.C. § 904(e)
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    (e) 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.
  • 47 U.S.C. § 906(a)(1)(B)(i)
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    (i) Amounts appropriated to the Innovation Fund shall be available to the Secretary, acting through the NTIA Administrator, to make grants on a competitive basis under this paragraph in such amounts as the Secretary, acting through the NTIA Administrator, determines appropriate, subject to clause (ii).
  • 47 U.S.C. § 906(a)(1)(C)
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    (C) The Secretary, acting through the NTIA Administrator, in consultation with the Commission, the Under Secretary of Commerce for Standards and Technology, the Secretary of Homeland Security, the Secretary of Defense, and the Director of the Intelligence Advanced Research Projects Activity of the Office of the Director of National Intelligence, shall establish criteria for grants awarded under this paragraph, by the NTIA Administrator and administer the Innovation Fund, to support the following:
    (i) Promoting and deploying technology, including software, hardware, and microprocessing technology, that will enhance competitiveness in the fifth-generation (commonly known as “5G”) and successor wireless technology supply chains that use open and interoperable interface radio access networks.
    (ii) Accelerating commercial deployments of open interface standards-based compatible, interoperable equipment, such as equipment developed pursuant to the standards set forth by organizations such as the O-RAN Alliance, the Telecom Infra Project, 3GPP, the Open-RAN Software Community, or any successor organizations.
    (iii) Promoting and deploying compatibility of new 5G equipment with future open standards-based, interoperable equipment.
    (iv) Managing integration of multi-vendor network environments.
    (v) Identifying objective criteria to define equipment as compliant with open standards for multi-vendor network equipment interoperability.
    (vi) Promoting and deploying security features enhancing the integrity and availability of equipment in multi-vendor networks.
    (vii) Promoting and deploying network function virtualization to facilitate multi-vendor interoperability and a more diverse vendor market.
  • 47 U.S.C. § 906(a)(1)(D)
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    (D) To the greatest extent practicable, the Secretary, acting through the NTIA Administrator, shall ensure that any research funded by a grant awarded under this paragraph avoids duplication of other Federal or private sector research.
  • 47 U.S.C. § 906(a)(1)(E)
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    (E) Not later than one year after the date on which funds are appropriated to the Innovation Fund, the Secretary, acting through the NTIA Administrator, shall begin awarding grants under this paragraph.
  • 47 U.S.C. § 906(a)(1)(F)(i)
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    (i) The Secretary, acting through the NTIA Administrator, and in consultation with the Under Secretary of Commerce for Standards and Technology, shall establish a Federal advisory committee, in accordance with the Federal Advisory Committee Act (5 U.S.C. App.),1 composed of government and private sector experts, to advise the Secretary and the NTIA Administrator on the administration of the Innovation Fund.
  • 47 U.S.C. § 906(a)(1)(F)(ii)(II)
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    (II) other representatives from the private and public sectors, at the discretion of the NTIA Administrator.
  • 47 U.S.C. § 906(a)(1)(F)(iii)
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    (iii) The advisory committee established under clause (i) shall advise the Secretary and the NTIA Administrator on technology developments to help inform—
    (I) the strategic direction of the Innovation Fund; and
    (II) efforts of the Federal Government to promote a more secure, diverse, sustainable, and competitive supply chain.
  • 47 U.S.C. § 906(a)(1)(G)(i)
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    (i) Not later than 180 days after January 1, 2021, the Secretary, acting through the NTIA Administrator, shall submit to the relevant committees of Congress a report with—
    (I) additional recommendations on promoting the competitiveness and sustainability of trusted suppliers in the wireless supply chain; and
    (II) any additional authorities needed to facilitate the timely adoption of open standards-based equipment, including authority to provide loans, loan guarantees, and other forms of credit extension that would maximize the use of funds.
  • 47 U.S.C. § 906(a)(1)(G)(ii)
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    (ii) For each fiscal year for which amounts in the Innovation Fund are available under this paragraph, the Secretary, acting through the NTIA Administrator, shall submit to Congress a report that—
    (I) describes how, and to whom (including whether recipients are majority owned and controlled by minority individuals and majority owned and controlled by women), amounts in the Innovation Fund have been deployed;
    (II) details the progress of the Secretary and the NTIA Administrator in meeting the objectives described in subparagraph (C); and
    (III) includes any additional information that the Secretary and the NTIA Administrator determine appropriate.
  • 47 U.S.C. § 906(a)(1)(G)(ii)(II)
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    (II) details the progress of the Secretary and the NTIA Administrator in meeting the objectives described in subparagraph (C); and
  • 47 U.S.C. § 906(a)(1)(G)(ii)(III)
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    (III) includes any additional information that the Secretary and the NTIA Administrator determine appropriate.
  • 47 U.S.C. § 906(a)(2)(B)
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    (B) The Secretary of State, in consultation with the NTIA Administrator, the Secretary of Homeland Security, the Secretary of Defense, the Secretary of the Treasury, the Director of National Intelligence, and the Commission, is authorized to establish a common funding mechanism, in coordination with foreign partners, that uses amounts from the Multilateral Telecommunications Security Fund to support the development and adoption of secure and trusted telecommunications technologies. In creating and sustaining a common funding mechanism, the Secretary of State should leverage United States funding in order to secure commitments and contributions from trusted foreign partners such as the United Kingdom, Canada, Australia, New Zealand, and Japan, and should prioritize the following objectives:
    (i) Advancing research and development of secure and trusted communications technologies.
    (ii) Strengthening supply chains.
    (iii) Promoting the use of trusted vendors.
  • 47 U.S.C. § 906(c)(4)
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    (4) The term “NTIA Administrator” means the Assistant Secretary of Commerce for Communications and Information.
  • 47 U.S.C. § 923(g)(4)(A)
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    (A) The Commission shall notify the NTIA at least 18 months prior to the commencement of any auction of eligible frequencies defined in paragraph (2). At least 6 months prior to the commencement of any such auction, the NTIA, on behalf of the Federal entities and after review by the Office of Management and Budget, shall notify the Commission of estimated relocation or sharing costs and timelines for such relocation or sharing.
  • 47 U.S.C. § 923(g)(4)(B)
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    (B) Upon timely request of a Federal entity, the NTIA shall provide such entity with information regarding an alternative frequency assignment or assignments to which their radiocommunications operations could be relocated for purposes of calculating the estimated relocation or sharing costs and timelines to be submitted to the Commission pursuant to subparagraph (A).
  • 47 U.S.C. § 923(g)(4)(C)
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    (C) To the extent practicable and consistent with national security considerations, the NTIA shall provide the information required by subparagraphs (A) and (B) by the geographic location of the Federal entities’ facilities or systems and the frequency bands used by such facilities or systems.
  • 47 U.S.C. § 923(g)(5)
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    (5) The NTIA shall, at the time of providing an initial estimate of relocation or sharing costs to the Commission under paragraph (4)(A), submit to1 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.
  • 47 U.S.C. § 923(g)(6)
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    (6) The NTIA shall take such actions as necessary to ensure the timely relocation of Federal entities’ spectrum-related operations from frequencies described in paragraph (2) to frequencies or facilities of comparable capability and to ensure the timely implementation of arrangements for the sharing of frequencies described in such paragraph. Upon a finding by the NTIA that a Federal entity has achieved comparable capability of systems, the NTIA shall terminate or limit the entity’s authorization and notify the Commission that the entity’s relocation has been completed or sharing arrangement has been implemented. 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 or sharing submitted by the Director of the Office of Management and Budget under section 928(d)(2)(C) of this title.
  • 47 U.S.C. § 923(h)(1)
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    (1) Not later than 240 days before the commencement of any auction of eligible frequencies described in subsection (g)(2), a Federal entity shall submit to the NTIA and to the Technical Panel established by paragraph (3) a transition plan for the implementation by such entity of the relocation or sharing arrangement. The NTIA shall specify, after public input, a common format for all Federal entities to follow in preparing transition plans under this paragraph.
  • 47 U.S.C. § 923(h)(2)(E)
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    (E) The specific interactions between the eligible Federal entity and the NTIA needed to implement the transition plan.
  • 47 U.S.C. § 923(h)(3)(A)
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    (A) There is established within the NTIA a panel to be known as the Technical Panel.
  • 47 U.S.C. § 923(h)(3)(C)
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    (C) The NTIA shall provide the Technical Panel with the administrative support services necessary to carry out its duties under this subsection, subsection (i), and section 928(g)(2)(E) of this title.
  • 47 U.S.C. § 923(h)(3)(D)
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    (D) Not later than 180 days after February 22, 2012, the NTIA shall, after public notice and comment and subject to approval by the Director of OMB, adopt regulations to govern the workings of the Technical Panel.
  • 47 U.S.C. § 923(h)(4)(A)
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    (A) Not later than 30 days after the submission of the plan under paragraph (1), the Technical Panel shall submit to the NTIA and to the Federal entity a report on the sufficiency of the plan, including whether the plan includes the information required by paragraph (2) and an assessment of the reasonableness of the proposed timelines and estimated relocation or sharing costs, including the costs of any proposed expansion of the capabilities of a Federal system in connection with relocation or sharing.
  • 47 U.S.C. § 923(h)(5)
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    (5) Not later than 120 days before the commencement of the auction described in paragraph (1), the NTIA shall make the transition plan publicly available on its website.
  • 47 U.S.C. § 923(h)(6)
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    (6) As the Federal entity implements the transition plan, it shall periodically update the plan to reflect any changed circumstances, including changes in estimated relocation or sharing costs or the timeline for relocation or sharing. The NTIA shall make the updates available on its website.
  • 47 U.S.C. § 923(h)(7)(B)
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    (B) Not later than 180 days after February 22, 2012, the NTIA, in consultation with the Director of OMB and the Secretary of Defense, shall adopt regulations to ensure that the information publicly released under paragraph (5) or (6) does not contain classified information or other sensitive information.
  • 47 U.S.C. § 923(i)(1)
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    (1) If a dispute arises between a Federal entity and a non-Federal user regarding the execution, timing, or cost of the transition plan submitted by the Federal entity under subsection (h)(1), the Federal entity or the non-Federal user may request that the NTIA establish a dispute resolution board to resolve the dispute.
  • 47 U.S.C. § 923(i)(2)(A)
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    (A) If the NTIA receives a request under paragraph (1), it shall establish a dispute resolution board.
  • 47 U.S.C. § 923(i)(2)(B)(ii)
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    (ii) A representative of the NTIA, to be appointed by the Assistant Secretary.
  • 47 U.S.C. § 923(i)(4)
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    (4) The dispute resolution board shall rule on the dispute not later than 30 days after the request was made to the NTIA under paragraph (1).
  • 47 U.S.C. § 923(i)(6)
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    (6) The NTIA shall provide the dispute resolution board with the administrative support services necessary to carry out its duties under this subsection.
  • 47 U.S.C. § 923(i)(8)
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    (8) Not later than 180 days after February 22, 2012, the NTIA shall, after public notice and comment and subject to approval by OMB, adopt regulations to govern the working of any dispute resolution boards established under paragraph (2)(A) and the role of the Technical Panel in assisting any such board.
  • 47 U.S.C. § 923(j)(1)
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    (1) In evaluating a band of frequencies for possible reallocation for exclusive non-Federal use or shared use, the NTIA shall give priority to options involving reallocation of the band for exclusive non-Federal use and shall choose options involving shared use only when it determines, in consultation with the Director of the Office of Management and Budget, that relocation of a Federal entity from the band is not feasible because of technical or cost constraints.
  • 47 U.S.C. § 923(j)(2)
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    (2) If the NTIA determines under paragraph (1) that relocation of a Federal entity from the band is not feasible, the NTIA shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives of the determination, including the specific technical or cost constraints on which the determination is based.
  • 47 U.S.C. § 928(a)
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    (a) There is established on the books of the Treasury a separate fund to be known as the “Spectrum Relocation Fund” (in this section referred to as the “Fund”), which shall be administered by the Office of Management and Budget (in this section referred to as “OMB”), in consultation with the NTIA.
  • 47 U.S.C. § 928(d)(2)(A)
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    (A) unless the eligible Federal entity has submitted a transition plan to the NTIA as required by paragraph (1) of section 923(h) of this title, the Technical Panel has found such plan sufficient under paragraph (4) of such section, and the NTIA has made available such plan on its website as required by paragraph (5) of such section;
  • 47 U.S.C. § 928(d)(2)(B)
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    (B) unless the Director of OMB has determined, in consultation with the NTIA, the appropriateness of such costs and the timeline for relocation or sharing; and
  • 47 U.S.C. § 928(d)(4)
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    (4) Any amounts in the Fund that are remaining after the payment of the relocation or sharing costs that are payable from the Fund shall revert to and be deposited in the general fund of the Treasury, for the sole purpose of deficit reduction, not later than 8 years after the date of the deposit of such proceeds to the Fund, unless within 60 days in advance of the reversion of such funds, the Director of OMB, in consultation with the NTIA, notifies the congressional committees described in paragraph (2)(C) that such funds are needed to complete or to implement current or future relocation or sharing arrangements.
  • 47 U.S.C. § 928(e)(2)
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    (2) An eligible Federal entity that has received such amounts shall report its expenditures to OMB and shall transfer any amounts in excess of actual relocation or sharing costs back to the Fund immediately after the NTIA has notified the Commission that the relocation of the entity or implementation of the sharing arrangement by the entity is complete, or has determined that such entity has unreasonably failed to complete such relocation or the implementation of such arrangement in accordance with the timeline required by subsection (d)(2)(B).
  • 47 U.S.C. § 928(f)(2)(A)
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    (A) The Director of OMB, in consultation with the NTIA, may use amounts made available under paragraph (1) to make payments to eligible Federal entities that are implementing a transition plan submitted under section 923(h)(1) of this title in order to encourage such entities to complete the implementation more quickly, thereby encouraging timely access to the eligible frequencies that are being reallocated for exclusive non-Federal use or shared use.
  • 47 U.S.C. § 941(a)
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    (a) 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”).
  • 47 U.S.C. § 941(b)(1)
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    (1) 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). 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).
  • 47 U.S.C. § 941(b)(2)
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    (2) 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).
  • 47 U.S.C. § 941(c)(1)
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    (1) Written content standards for the new domain, except that the NTIA shall not have any authority to establish such standards.
  • 47 U.S.C. § 941(c)(12)
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    (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.
  • 47 U.S.C. § 941(d)
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    (d) 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.
  • 47 U.S.C. § 941(f)
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    (f) 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.
  • 47 U.S.C. § 941(i)
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    (i) 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.
  • 47 U.S.C. § 941(j)(4)
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    (4) 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.

Citations to §901(a)(2)

  • 47 U.S.C. § 902(a)(2)
    Go to provision →
    (2) 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.
  • 47 U.S.C. § 902(b)(1)
    Go to provision →
    (1) 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.
  • 47 U.S.C. § 904(a)(1)
    Go to provision →
    (1) 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.
  • 47 U.S.C. § 904(b)
    Go to provision →
    (b) 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.
  • 47 U.S.C. § 904(e)
    Go to provision →
    (e) 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.
  • 47 U.S.C. § 906(c)(4)
    Go to provision →
    (4) The term “NTIA Administrator” means the Assistant Secretary of Commerce for Communications and Information.
  • 47 U.S.C. § 922
    Go to provision →
    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:
  • 47 U.S.C. § 923(h)(3)(B)(i)(II)
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    (II) One member to be appointed by the Assistant Secretary.
  • 47 U.S.C. § 923(i)(2)(B)(ii)
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    (ii) A representative of the NTIA, to be appointed by the Assistant Secretary.
  • 47 U.S.C. § 929(a)
    Go to provision →
    (a) If the head of an Executive agency (as defined in section 105 of title 5) determines that public disclosure of any information contained in a notification or report required by section 923 or 928 of this title would reveal classified national security information, or other information for which there is a legal basis for nondisclosure and the public disclosure of which would be detrimental to national security, homeland security, or public safety or would jeopardize a law enforcement investigation, the head of the Executive agency shall notify the Assistant Secretary of that determination prior to the release of such information.
  • 47 U.S.C. § 942(a)(1)
    Go to provision →
    (1) The Assistant Secretary and the Administrator of the National Highway Traffic Safety Administration shall—
    (A) establish and further a program to facilitate coordination and communication between Federal, State, and local emergency communications systems, emergency personnel, public safety organizations, telecommunications carriers, and telecommunications equipment manufacturers and vendors involved in the implementation of 9–1–1 services; and
    (B) establish a 9–1–1 Implementation Coordination Office to implement the provisions of this section.
  • 47 U.S.C. § 942(a)(2)(A)
    Go to provision →
    (A) The Assistant Secretary and the Administrator shall develop a management plan for the grant program established under this section, including by developing—
    (i) plans related to the organizational structure of such program; and
    (ii) funding profiles for each fiscal year of the duration of such program.
  • 47 U.S.C. § 942(a)(2)(B)
    Go to provision →
    (B) Not later than 90 days after February 22, 2012, the Assistant Secretary and the Administrator shall submit the management plan developed under subparagraph (A) to—
    (i) the Committees on Commerce, Science, and Transportation and Appropriations of the Senate; and
    (ii) the Committees on Energy and Commerce and Appropriations of the House of Representatives.
  • 47 U.S.C. § 942(b)(1)
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    (1) The Assistant Secretary and the Administrator, acting through the Office, shall provide grants to eligible entities for—
    (A) the implementation and operation of 9–1–1 services, E9–1–1 services, migration to an IP-enabled emergency network, and adoption and operation of Next Generation 9–1–1 services and applications;
    (B) the implementation of IP-enabled emergency services and applications enabled by Next Generation 9–1–1 services, including the establishment of IP backbone networks and the application layer software infrastructure needed to interconnect the multitude of emergency response organizations; and
    (C) training public safety personnel, including call-takers, first responders, and other individuals and organizations who are part of the emergency response chain in 9–1–1 services.
  • 47 U.S.C. § 942(b)(3)
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    (3) In providing grants under paragraph (1), the Assistant Secretary and the Administrator shall require an eligible entity to certify in its application that—
    (A) in the case of an eligible entity that is a State government, the entity—
    (i) has coordinated its application with the public safety answering points located within the jurisdiction of such entity;
    (ii) has designated a single officer or governmental body of the entity to serve as the coordinator of implementation of 9–1–1 services, except that such designation need not vest such coordinator with direct legal authority to implement 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1 services or to manage emergency communications operations;
    (iii) has established a plan for the coordination and implementation of 9–1–1 services, E9–1–1 services, and Next Generation 9–1–1 services; and
    (iv) has integrated telecommunications services involved in the implementation and delivery of 9–1–1 services, E9–1–1 services, and Next Generation 9–1–1 services; or
    (B) in the case of an eligible entity that is not a State, the entity has complied with clauses (i), (iii), and (iv) of subparagraph (A), and the State in which it is located has complied with clause (ii) of such subparagraph.
  • 47 U.S.C. § 942(b)(4)
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    (4) Not later than 120 days after February 22, 2012, the Assistant Secretary and the Administrator shall issue regulations, after providing the public with notice and an opportunity to comment, prescribing the criteria for selection for grants under this section. The criteria shall include performance requirements and a timeline for completion of any project to be financed by a grant under this section. The Assistant Secretary and the Administrator shall update such regulations as necessary.
  • 47 U.S.C. § 942(c)(2)
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    (2) Each applicant for a matching grant under this section shall certify to the Assistant Secretary and the Administrator at the time of application, and each applicant that receives such a grant shall certify to the Assistant Secretary and the Administrator annually thereafter during any period of time during which the funds from the grant are available to the applicant, that no portion of any designated 9–1–1 charges imposed by a State or other taxing jurisdiction within which the applicant is located are being obligated or expended for any purpose other than the purposes for which such charges are designated or presented during the period beginning 180 days immediately preceding the date of the application and continuing through the period of time during which the funds from the grant are available to the applicant.
  • 47 U.S.C. § 942(d)(1)
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    (1) From the amounts made available to the Assistant Secretary and the Administrator under section 1457(b)(6) of this title, the Assistant Secretary and the Administrator are authorized to provide grants under this section through the end of fiscal year 2022. Not more than 5 percent of such amounts may be obligated or expended to cover the administrative costs of carrying out this section.

Citations to §901(a)(3)

  • 47 U.S.C. § 902(b)(1)
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    (1) 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.
  • 47 U.S.C. § 902(b)(2)
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    (2) 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.
    (U) The responsibility to promote the best possible and most efficient use of electromagnetic spectrum resources across the Federal Government, subject to and consistent with the needs and missions of Federal agencies.
  • 47 U.S.C. § 902(b)(2)(A)
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    (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.
  • 47 U.S.C. § 902(b)(2)(C)
    Go to provision →
    (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.
  • 47 U.S.C. § 902(b)(3)
    Go to provision →
    (3) 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.
  • 47 U.S.C. § 903(a)
    Go to provision →
    (a) 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.
  • 47 U.S.C. § 903(c)
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    (c) 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.
  • 47 U.S.C. § 903(d)(1)
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    (1) 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.
  • 47 U.S.C. § 903(d)(2)
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    (2) 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.
  • 47 U.S.C. § 903(d)(3)
    Go to provision →
    (3) 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.
  • 47 U.S.C. § 903(d)(4)
    Go to provision →
    (4) 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.
  • 47 U.S.C. § 903(e)(1)
    Go to provision →
    (1) Within 90 days after August 10, 1993, the Secretary and the NTIA shall amend the spectrum management document described in subsection (a) 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.
  • 47 U.S.C. § 903(e)(3)
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    (3) 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.
  • 47 U.S.C. § 904(a)(2)
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    (2) 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.
  • 47 U.S.C. § 904(a)(3)
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    (3) 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.
  • 47 U.S.C. § 904(c)(1)
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    (1) The Secretary and NTIA shall issue such regulations as may be necessary to carry out the functions assigned under this chapter.
  • 47 U.S.C. § 904(d)(1)
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    (1) 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.
  • 47 U.S.C. § 904(d)(2)
    Go to provision →
    (2) 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.
  • 47 U.S.C. § 904(e)
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    (e) 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.
  • 47 U.S.C. § 906(a)(1)(B)(i)
    Go to provision →
    (i) Amounts appropriated to the Innovation Fund shall be available to the Secretary, acting through the NTIA Administrator, to make grants on a competitive basis under this paragraph in such amounts as the Secretary, acting through the NTIA Administrator, determines appropriate, subject to clause (ii).
  • 47 U.S.C. § 906(a)(1)(C)
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    (C) The Secretary, acting through the NTIA Administrator, in consultation with the Commission, the Under Secretary of Commerce for Standards and Technology, the Secretary of Homeland Security, the Secretary of Defense, and the Director of the Intelligence Advanced Research Projects Activity of the Office of the Director of National Intelligence, shall establish criteria for grants awarded under this paragraph, by the NTIA Administrator and administer the Innovation Fund, to support the following:
    (i) Promoting and deploying technology, including software, hardware, and microprocessing technology, that will enhance competitiveness in the fifth-generation (commonly known as “5G”) and successor wireless technology supply chains that use open and interoperable interface radio access networks.
    (ii) Accelerating commercial deployments of open interface standards-based compatible, interoperable equipment, such as equipment developed pursuant to the standards set forth by organizations such as the O-RAN Alliance, the Telecom Infra Project, 3GPP, the Open-RAN Software Community, or any successor organizations.
    (iii) Promoting and deploying compatibility of new 5G equipment with future open standards-based, interoperable equipment.
    (iv) Managing integration of multi-vendor network environments.
    (v) Identifying objective criteria to define equipment as compliant with open standards for multi-vendor network equipment interoperability.
    (vi) Promoting and deploying security features enhancing the integrity and availability of equipment in multi-vendor networks.
    (vii) Promoting and deploying network function virtualization to facilitate multi-vendor interoperability and a more diverse vendor market.
  • 47 U.S.C. § 906(a)(1)(D)
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    (D) To the greatest extent practicable, the Secretary, acting through the NTIA Administrator, shall ensure that any research funded by a grant awarded under this paragraph avoids duplication of other Federal or private sector research.
  • 47 U.S.C. § 906(a)(1)(E)
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    (E) Not later than one year after the date on which funds are appropriated to the Innovation Fund, the Secretary, acting through the NTIA Administrator, shall begin awarding grants under this paragraph.
  • 47 U.S.C. § 906(a)(1)(F)(i)
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    (i) The Secretary, acting through the NTIA Administrator, and in consultation with the Under Secretary of Commerce for Standards and Technology, shall establish a Federal advisory committee, in accordance with the Federal Advisory Committee Act (5 U.S.C. App.),1 composed of government and private sector experts, to advise the Secretary and the NTIA Administrator on the administration of the Innovation Fund.
  • 47 U.S.C. § 906(a)(1)(F)(iii)
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    (iii) The advisory committee established under clause (i) shall advise the Secretary and the NTIA Administrator on technology developments to help inform—
    (I) the strategic direction of the Innovation Fund; and
    (II) efforts of the Federal Government to promote a more secure, diverse, sustainable, and competitive supply chain.
  • 47 U.S.C. § 906(a)(1)(G)(i)
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    (i) Not later than 180 days after January 1, 2021, the Secretary, acting through the NTIA Administrator, shall submit to the relevant committees of Congress a report with—
    (I) additional recommendations on promoting the competitiveness and sustainability of trusted suppliers in the wireless supply chain; and
    (II) any additional authorities needed to facilitate the timely adoption of open standards-based equipment, including authority to provide loans, loan guarantees, and other forms of credit extension that would maximize the use of funds.
  • 47 U.S.C. § 906(a)(1)(G)(ii)
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    (ii) For each fiscal year for which amounts in the Innovation Fund are available under this paragraph, the Secretary, acting through the NTIA Administrator, shall submit to Congress a report that—
    (I) describes how, and to whom (including whether recipients are majority owned and controlled by minority individuals and majority owned and controlled by women), amounts in the Innovation Fund have been deployed;
    (II) details the progress of the Secretary and the NTIA Administrator in meeting the objectives described in subparagraph (C); and
    (III) includes any additional information that the Secretary and the NTIA Administrator determine appropriate.
  • 47 U.S.C. § 906(a)(1)(G)(ii)(II)
    Go to provision →
    (II) details the progress of the Secretary and the NTIA Administrator in meeting the objectives described in subparagraph (C); and
  • 47 U.S.C. § 906(a)(1)(G)(ii)(III)
    Go to provision →
    (III) includes any additional information that the Secretary and the NTIA Administrator determine appropriate.
  • 47 U.S.C. § 906(a)(2)(B)
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    (B) The Secretary of State, in consultation with the NTIA Administrator, the Secretary of Homeland Security, the Secretary of Defense, the Secretary of the Treasury, the Director of National Intelligence, and the Commission, is authorized to establish a common funding mechanism, in coordination with foreign partners, that uses amounts from the Multilateral Telecommunications Security Fund to support the development and adoption of secure and trusted telecommunications technologies. In creating and sustaining a common funding mechanism, the Secretary of State should leverage United States funding in order to secure commitments and contributions from trusted foreign partners such as the United Kingdom, Canada, Australia, New Zealand, and Japan, and should prioritize the following objectives:
    (i) Advancing research and development of secure and trusted communications technologies.
    (ii) Strengthening supply chains.
    (iii) Promoting the use of trusted vendors.
  • 47 U.S.C. § 906(b)(1)
    Go to provision →
    (1) The Secretary of State, the Secretary of Commerce, and the Chairman of the Commission, or their designees, shall consider how to enhance representation of the United States at international forums that set standards for 5G networks and for future generations of wireless communications networks, including—
    (A) the International Telecommunication Union (commonly known as “ITU”);
    (B) the International Organization for Standardization (commonly known as “ISO”);
    (C) the Inter-American Telecommunication Commission (commonly known as “CITEL”); and
    (D) the voluntary standards organizations that develop protocols for wireless devices and other equipment, such as the 3GPP and the Institute of Electrical and Electronics Engineers (commonly known as “IEEE”).
  • 47 U.S.C. § 906(b)(2)
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    (2) The Secretary of State, the Secretary of Commerce, and the Chairman of the Commission shall jointly submit to the relevant committees of Congress an annual report on the progress made under paragraph (1).
  • 47 U.S.C. § 906(c)(7)
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    (7) The term “Secretary” means the Secretary of Commerce.
  • 47 U.S.C. § 923(a)
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    (a) 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.
  • 47 U.S.C. § 923(b)(1)
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    (1) In accordance with the provisions of this section, the Secretary shall recommend for reallocation in the initial report required by subsection (a), 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). Such bands of frequencies shall include bands of frequencies, located below 3 gigahertz, that span in the aggregate not less than 100 megahertz.
  • 47 U.S.C. § 923(b)(2)
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    (2) Bands of frequencies which a report of the Secretary under subsection (a) or (d)(1) 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.
  • 47 U.S.C. § 923(b)(2)(C)
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    (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.
  • 47 U.S.C. § 923(b)(3)
    Go to provision →
    (3) In accordance with the provisions of this section, the Secretary shall recommend for reallocation in the second report required by subsection (a), 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).
  • 47 U.S.C. § 923(c)(1)
    Go to provision →
    (1) In determining whether a band of frequencies meets the criteria specified in subsection (a)(2), 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));
    (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.
  • 47 U.S.C. § 923(c)(2)
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    (2) In determining whether a frequency band meets the criteria specified in subsection (a)(3), 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.
  • 47 U.S.C. § 923(c)(3)
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    (3) In determining whether a band of frequencies meets the criteria specified in subsection (a)(5), 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.
  • 47 U.S.C. § 923(d)(1)
    Go to provision →
    (1) 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.
  • 47 U.S.C. § 923(d)(2)
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    (2) 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.
  • 47 U.S.C. § 923(d)(3)
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    (3) 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.
  • 47 U.S.C. § 923(d)(4)
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    (4) 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).
  • 47 U.S.C. § 923(e)(1)
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    (1) The Secretary shall, as part of the reports required by subsections (a) and (d)(1), include a timetable that recommends effective dates by which the President shall withdraw or limit assignments of the frequencies specified in such reports.
  • 47 U.S.C. § 923(e)(2)(A)
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    (A) The Secretary shall, as part of the report required by subsection (d)(1), 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), and that can be made available for reallocation immediately upon issuance of the report required by subsection (d)(1). Such bands of frequencies shall include bands of frequencies, located below 3 gigahertz, that in the aggregate span not less than 25 megahertz.
  • 47 U.S.C. § 923(e)(2)(B)
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    (B) 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), but such bands of frequencies may not count toward the minimums required by subparagraph (A).
  • 47 U.S.C. § 923(e)(3)
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    (3) 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.
  • 47 U.S.C. § 923(f)
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    (f) 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.
  • 47 U.S.C. § 923(h)(7)(B)
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    (B) Not later than 180 days after February 22, 2012, the NTIA, in consultation with the Director of OMB and the Secretary of Defense, shall adopt regulations to ensure that the information publicly released under paragraph (5) or (6) does not contain classified information or other sensitive information.
  • 47 U.S.C. § 924(a)(1)
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    (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;
  • 47 U.S.C. § 924(a)(3)
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    (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;
  • 47 U.S.C. § 924(b)(3)
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    (3) 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.
  • 47 U.S.C. § 924(b)(4)
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    (4) 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.
  • 47 U.S.C. § 925(b)(1)
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    (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;
  • 47 U.S.C. § 927(b)(1)
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    (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

Citations to §901(a)(4)

Citations to §901(a)(5)