§ 903. — Spectrum management activities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC903]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 8--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
SUBCHAPTER I--ORGANIZATION AND FUNCTIONS
Sec. 903. Spectrum management activities
(a) Revision of regulations
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.
(b) Requirements for revisions
The amendments required by subsection (a) of this section shall--
(1) provide for a period at the beginning of each meeting of the
Interdepartmental Radio Advisory Committee to be open to the public
to make presentations and receive advice, and provide the public
with other meaningful opportunities to make presentations and
receive advice;
(2) include provisions that will require (A) publication in the
Federal Register of major policy proposals that are not classified
and that involve spectrum management, and (B) adequate opportunity
for public review and comment on those proposals;
(3) include provisions that will require publication in the
Federal Register of major policy decisions that are not classified
and that involve spectrum management;
(4) include provisions that will require that nonclassified
spectrum management information be made available to the public,
including access to electronic databases; and
(5) establish procedures that provide for the prompt and
impartial consideration of requests for access to Government
spectrum by the public, which procedures shall include provisions
that will require the disclosure of the status and ultimate
disposition of any such request.
(c) Certification to Congress
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.
(d) Radio services
(1) Assignments for radio services
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.
(2) Authority to withhold assignments
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.
(3) Spectrum plan
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.
(4) Report to Congress
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.
(e) Proof of compliance with FCC licensing requirements
(1) Amendment to manual required
Within 90 days after August 10, 1993, the Secretary and the NTIA
shall amend the spectrum management document described in subsection
(a) of this section 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.
(2) Retention of forms
The NTIA shall maintain on file the proofs submitted under
paragraph (1), or facsimiles thereof.
(3) Certification
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.
(Pub. L. 102-538, title I, Sec. 104, Oct. 27, 1992, 106 Stat. 3537; Pub.
L. 103-66, title VI, Sec. 6001(b), Aug. 10, 1993, 107 Stat. 387.)
Amendments
1993--Subsec. (e). Pub. L. 103-66 added subsec. (e).
Change of Name
Committee on Energy and Commerce of House of Representatives treated
as referring to Committee on Commerce of House of Representatives by
section 1(a) of Pub. L. 104-14, set out as a note preceding section 21
of Title 2, The Congress. Committee on Commerce of House of
Representatives changed to Committee on Energy and Commerce of House of
Representatives, and jurisdiction over matters relating to securities
and exchanges and insurance generally transferred to Committee on
Financial Services of House of Representatives by House Resolution No.
5, One Hundred Seventh Congress, Jan. 3, 2001.
Authorization of Use of Spectrum By, and Provision of Spectrum Functions
to, Federal Entity; Reimbursement
Pub. L. 107-77, title II, Nov. 28, 2001, 115 Stat. 772, provided in
part: ``That hereafter, notwithstanding any other provision of law, NTIA
[National Telecommunications and Information Administration] shall not
authorize spectrum use or provide any spectrum functions pursuant to the
National Telecommunications and Information Administration Organization
Act, 47 U.S.C. 902-903 [47 U.S.C. 901 et seq.], to any Federal entity
without reimbursement as required by NTIA for such spectrum management
costs, and Federal entities withholding payment of such cost shall not
use spectrum''.
Similar provisions were contained in the following prior
appropriation acts:
Pub. L. 106-553, Sec. 1(a)(2) [title II], Dec. 21, 2000, 114 Stat.
2762, 2762A-72.
Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title II], Nov. 29, 1999,
113 Stat. 1535, 1501A-26.
Pub. L. 105-277, div. A, Sec. 101(b) [title II], Oct. 21, 1998, 112
Stat. 2681-50, 2681-80.
Pub. L. 105-119, title II, Nov. 26, 1997, 111 Stat. 2474.
Pub. L. 104-208, div. A, title I, Sec. 101(a) [title II], Sept. 30,
1996, 110 Stat. 3009, 3009-35.
Section Referred to in Other Sections
This section is referred to in section 927 of this title.
