§ 921. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 47USC921]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 8--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
SUBCHAPTER II--TRANSFER OF AUCTIONABLE FREQUENCIES
Sec. 921. Definitions
As used in this subchapter:
(1) The term ``allocation'' means an entry in the National Table
of Frequency Allocations of a given frequency band for the purpose
of its use by one or more radiocommunication services.
(2) The term ``assignment'' means an authorization given to a
station licensee to use specific frequencies or channels.
(3) The term ``the 1934 Act'' means the Communications Act of
1934 (47 U.S.C. 151 et seq.).
(Pub. L. 102-538, title I, Sec. 111, as added Pub. L. 103-66, title VI,
Sec. 6001(a)(3), Aug. 10, 1993, 107 Stat. 379.)
References in Text
The Communications Act of 1934, referred to in par. (3), is act June
19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified
principally to chapter 5 (Sec. 151 et seq.) of this title. For complete
classification of this Act to the Code, see section 609 of this title
and Tables.
Study and Report on Current and Future Spectrum Use
Pub. L. 106-553, Sec. 1(a)(2) [title II], Dec. 21, 2000, 114 Stat.
2762, 2762A-73, provided in part: ``That the Administrator shall, after
consultation with other federal departments and agencies responsible for
regulating the core operations of entities engaged in the provision of
energy, water and railroad services, complete and submit to Congress,
not later than twelve months after date of enactment of this subsection,
a study of the current and future use of spectrum by these entities to
protect and maintain the nation's critical infrastructure: Provided
further, That within six months after the release of this study, the
Chairman of the Federal Communications Commission shall submit a report
to Congress on the actions that could be taken by the Commission to
address any needs identified in the Administrator's study.''
Report on Progress on Spectrum Sharing
Pub. L. 106-398, Sec. 1 [[div. A], title XVII, Sec. 1705], Oct. 30,
2000, 114 Stat. 1654, 1654A-366, provided that:
``(a) Study Required.--The Secretary of Defense, in consultation
with the Attorney General and the Secretary of Commerce, shall provide
for the conduct of an engineering study to identify--
``(1) any portion of the 138-144 megahertz band that the
Department of Defense can share in various geographic regions with
public safety radio services;
``(2) any measures required to prevent harmful interference
between Department of Defense systems and the public safety systems
proposed for operation on those frequencies; and
``(3) a reasonable schedule for implementation of such sharing
of frequencies.
``(b) Submission of Interim Report.--Within one year after the date
of the enactment of this Act [Oct. 30, 2000], the Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives an interim
report on the progress of the study conducted pursuant to subsection
(a).
``(c) Report.--Not later than January 1, 2002, the Secretary of
Commerce and the Chairman of the Federal Communications Commission shall
jointly submit a report to Congress on alternative frequencies available
for use by public safety systems.''
Surrender of Department of Defense Spectrum
Pub. L. 106-65, div. A, title X, Sec. 1062(b), Oct. 5, 1999, 113
Stat. 768, provided that:
``(1) In general.--If, in order to make available for other use a
band of frequencies of which it is a primary user, the Department of
Defense is required to surrender use of such band of frequencies, the
Department shall not surrender use of such band of frequencies until--
``(A) the National Telecommunications and Information
Administration, in consultation with the Federal Communications
Commission, identifies and makes available to the Department for its
primary use, if necessary, an alternative band or bands of
frequencies as a replacement for the band to be so surrendered; and
``(B) the Secretary of Commerce, the Secretary of Defense, and
the Chairman of the Joint Chiefs of Staff jointly certify to the
Committee on Armed Services and the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Armed
Services and the Committee on Commerce [now Committee on Energy and
Commerce] of the House of Representatives, that such alternative
band or bands provides comparable technical characteristics to
restore essential military capability that will be lost as a result
of the band of frequencies to be so surrendered.
``(2) Exception.--Paragraph (1) shall not apply to a band of
frequencies that has been identified for reallocation in accordance with
title VI of the Omnibus Budget Reconciliation Act of 1993 (Public Law
103-66; 107 Stat. 379) [enacting sections 159 and 921 to 927 of this
title and amending sections 152, 153, 156, 158, 309, 332, and 903 of
this title] and title III of the Balanced Budget Act of 1997 (Public Law
105-33, 111 Stat. 258) [enacting section 337 of this title, amending
sections 153, 303, 309, and 923 to 925 of this title, and repealing
provisions set out as a note under section 309 of this title], other
than a band of frequencies that is reclaimed pursuant to subsection (c)
[amending section 923 of this title and enacting provisions set out as a
note below].''
Reassignment to Federal Government for Use by Department of Defense of
Certain Frequency Spectrum Recommended for Reallocation
Pub. L. 106-65, div. A, title X, Sec. 1062(c)(1), Oct. 5, 1999, 113
Stat. 768, provided that: ``Notwithstanding any provision of the
National Telecommunications and Information Administration Organization
Act [47 U.S.C. 901 et seq.] or the Balanced Budget Act of 1997 [Pub. L.
105-33, see Tables for classification], the President shall reclaim for
exclusive Federal Government use on a primary basis by the Department of
Defense--
``(A) the bands of frequencies aggregating 3 megahertz located
between 138 and 144 megahertz that were recommended for reallocation
in the second reallocation report under section 113(a) of that Act
[probably means 47 U.S.C. 923(a)]; and
``(B) the band of frequency aggregating 5 megahertz located
between 1385 megahertz and 1390 megahertz, inclusive, that was so
recommended for reallocation.''
Assessment of Electromagnetic Spectrum Reallocation
Pub. L. 102-538, title I, Sec. 156, as added by Pub. L. 106-65, div.
A, title X, Sec. 1062(a), Oct. 5, 1999, 113 Stat. 767, provided that:
``(a) Review and Assessment of Electromagnetic Spectrum
Reallocation.--
``(1) Review and assessment required.--The Secretary of
Commerce, acting through the Assistant Secretary and in coordination
with the Chairman of the Federal Communications Commission, shall
convene an interagency review and assessment of--
``(A) the progress made in implementation of national
spectrum planning;
``(B) the reallocation of Federal Government spectrum to
non-Federal use, in accordance with the amendments made by title
VI of the Omnibus Budget Reconciliation Act of 1993 (Public Law
103-66; 107 Stat. 379) [enacting sections 159 and 921 to 927 of
this title and amending sections 152, 153, 156, 158, 309, 332,
and 903 of this title] and title III of the Balanced Budget Act
of 1997 (Public Law 105-33; 111 Stat. 258) [enacting section 337
of this title, amending sections 153, 303, 309, and 923 to 925
of this title, and repealing provisions set out as a note under
section 309 of this title]; and
``(C) the implications for such reallocations to the
affected Federal executive agencies.
``(2) Coordination.--The assessment shall be conducted in
coordination with affected Federal executive agencies through the
Interdepartmental Radio Advisory Committee.
``(3) Cooperation and assistance.--Affected Federal executive
agencies shall cooperate with the Assistant Secretary in the conduct
of the review and assessment and furnish the Assistant Secretary
with such information, support, and assistance, not inconsistent
with law, as the Assistant Secretary may consider necessary in the
performance of the review and assessment.
``(4) Attention to particular subjects required.--In the conduct
of the review and assessment, particular attention shall be given
to--
``(A) the effect on critical military and intelligence
capabilities, civil space programs, and other Federal Government
systems used to protect public safety of the reallocated
spectrum described in paragraph (1)(B) of this subsection;
``(B) the anticipated impact on critical military and
intelligence capabilities, future military and intelligence
operational requirements, national defense modernization
programs, and civil space programs, and other Federal Government
systems used to protect public safety, of future potential
reallocations to non-Federal use of bands of the electromagnetic
spectrum that are currently allocated for use by the Federal
Government; and
``(C) future spectrum requirements of agencies in the
Federal Government.
``(b) Submission of Report.--The Secretary of Commerce, in
coordination with the heads of the affected Federal executive agencies,
and the Chairman of the Federal Communications Commission shall submit
to the President, the Committee on Armed Services and the Committee on
Commerce, Science, and Transportation of the Senate, and the Committee
on Armed Services, the Committee on Commerce [now Committee on Energy
and Commerce], and the Committee on Science of the House of
Representatives, not later than October 1, 2000, a report providing the
results of the assessment required by subsection (a).''
