47 U.S.C. § 921 — Definitions

Page 381 TITLE 47—TELECOMMUNICATIONS § 921 (B) the International Organization for Standardization (commonly known as ‘‘ISO’’); (C) the Inter-American Telecommuni- cation 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’’). (2) Annual report The Secretary of State, the Secretary of Commerce, and the Chairman of the Commis- sion shall jointly submit to the relevant com- mittees of Congress an annual report on the progress made under paragraph (1). (c) Definitions In this section: (1) The term ‘‘3GPP’’ means the Third Gen- eration Partnership Project. (2) The term ‘‘5G network’’ means a radio network as described by 3GPP Release 15 or higher. (3) The term ‘‘Commission’’ means the Fed- eral Communications Commission. (4) The term ‘‘NTIA Administrator’’ means the Assistant Secretary of Commerce for Com- munications and Information. (5) The term ‘‘Open-RAN’’ means the Open Radio Access Network approach to standard- ization adopted by the O-RAN Alliance, Telecom Infra Project, or 3GPP, or any simi- lar set of open standards for multi-vendor net- work equipment interoperability. (6) The term ‘‘relevant committees of Con- gress’’ means— (A) the Select Committee on Intelligence of the Senate; (B) the Committee on Foreign Relations of the Senate; (C) the Committee on Homeland Security and Governmental Affairs of the Senate; (D) the Committee on Armed Services of the Senate; (E) the Committee on Commerce, Science, and Transportation of the Senate; (F) the Committee on Appropriations of the Senate; (G) the Permanent Select Committee on Intelligence of the House of Representatives; (H) the Committee on Foreign Affairs of the House of Representatives; (I) the Committee on Homeland Security of the House of Representatives; (J) the Committee on Armed Services of the House of Representatives; (K) the Committee on Energy and Com- merce of the House of Representatives; and (L) the Committee on Appropriations of the House of Representatives. (7) The term ‘‘Secretary’’ means the Sec- retary of Commerce. (Pub. L. 116–283, div. H, title XCII, § 9202, Jan. 1, 2021, 134 Stat. 4788; Pub. L. 117–167, div. A, § 105(b), Aug. 9, 2022, 136 Stat. 1392; Pub. L. 118–31, div. F, title LXVII, § 6707(b)(1)(A), Dec. 22, 2023, 137 Stat. 1018.) Editorial Notes REFERENCES IN TEXT The Federal Advisory Committee Act, referred to in subsec. (a)(1)(F)(i), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Gov- ernment Organization and Employees, and was substan- tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. CODIFICATION Section was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 and not as part of the National Tele- communications and Information Administration Orga- nization Act which comprises this chapter. AMENDMENTS 2023—Subsec. (a)(2)(C), (D). Pub. L. 118–31 redesig- nated subpar. (D) as (C) and struck out former subpar. (C) which related to annual report to Congress. 2022—Subsec. (a)(1)(G)(ii)(I). Pub. L. 117–167 inserted ‘‘(including whether recipients are majority owned and controlled by minority individuals and majority owned and controlled by women)’’ after ‘‘to whom’’. SUBCHAPTER II—TRANSFER OF AUCTIONABLE FREQUENCIES § 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 author- ization given to a station licensee to use spe- cific frequencies or channels. (3) The term ‘‘the 1934 Act’’ means the Com- munications Act of 1934 (47 U.S.C. 151 et seq.). (Pub. L. 102–538, title I, § 111, as added Pub. L. 103–66, title VI, § 6001(a)(3), Aug. 10, 1993, 107 Stat. 379.) Editorial Notes REFERENCES IN TEXT The Communications Act of 1934, referred to in par. (3), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables. Statutory Notes and Related Subsidiaries SPECTRUM AUCTIONS Pub. L. 117–58, div. I, § 90008(a), (b), Nov. 15, 2021, 135 Stat. 1348, 1349, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) COMMISSION.—The term ‘Commission’ means the Federal Communications Commission. ‘‘(2) COVERED BAND.—The term ‘covered band’ means the band of frequencies between 3100 and 3450 megahertz. ‘‘(3) RELEVANT CONGRESSIONAL COMMITTEES.—The term ‘relevant congressional committees’ means— ‘‘(A) the Committee on Armed Services of the Senate; ‘‘(B) the Committee on Armed Services of the House of Representatives; ‘‘(C) the Committee on Commerce, Science, and Transportation of the Senate; and Page 382 TITLE 47—TELECOMMUNICATIONS § 921 ‘‘(D) the Committee on Energy and Commerce of the House of Representatives. ‘‘(b) 3.1–3.45 GHZ BAND.— ‘‘(1) PRE-AUCTION FUNDING.— ‘‘(A) IN GENERAL.—On the date of enactment of this Act [Nov. 15, 2021], the Director of the Office of Management and Budget shall transfer $50,000,000 from the Spectrum Relocation Fund established under section 118 of the National Telecommuni- cations and Information Administration Act (47 U.S.C. 928) to the Department of Defense for the purpose of research and development, engineering studies, economic analyses, activities with respect to systems, or other planning activities to improve efficiency and effectiveness of the spectrum use of the Department of Defense in order to make avail- able electromagnetic spectrum in the covered band— ‘‘(i) for reallocation for shared Federal and non- Federal commercial licensed use; and ‘‘(ii) for auction under paragraph (3) of this sub- section. ‘‘(B) EXEMPTION.—Section 118(g) of the National Telecommunications and Information Administra- tion Organization Act (47 U.S.C. 928(g)) shall not apply with respect to the payment required under subparagraph (A). ‘‘(C) REPORT TO SECRETARY OF COMMERCE.—For purposes of paragraph (2)(A), the Secretary of De- fense shall report to the Secretary of Commerce the findings of the planning activities described in sub- paragraph (A) of this paragraph. ‘‘(2) IDENTIFICATION.— ‘‘(A) IN GENERAL.—Not later than 21 months after the date of enactment of this Act, in accordance with the findings of the planning activities de- scribed in paragraph (1)(A) and subject to the deter- mination of the Secretary of Defense under sub- paragraph (B) of this paragraph, the Secretary of Commerce, in coordination with the Secretary of Defense, the Director of the Office of Science and Technology Policy, and relevant congressional committees, shall— ‘‘(i) determine which frequencies of electro- magnetic spectrum in the covered band could be made available on a shared basis between Federal use and non-Federal commercial licensed use, subject to flexible-use service rules; and ‘‘(ii) submit to the President and the Commis- sion a report that identifies the frequencies deter- mined appropriate under clause (i). ‘‘(B) REQUIRED DETERMINATION.—The Secretary of Commerce may identify frequencies under subpara- graph (A)(ii) only if the Secretary of Defense has determined that sharing those frequencies with non-Federal users would not impact the primary mission of military spectrum users in the covered band. ‘‘(3) AUCTION.—Not earlier than November 30, 2024, the Commission, in consultation with the Assistant Secretary of Commerce for Communications and In- formation, shall begin a system of competitive bid- ding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) to grant new licenses for the spectrum identified under paragraph (2)(A)(ii) of this subsection. ‘‘(4) SHARING OF SPECTRUM.—Not earlier than May 31, 2025, the President shall modify any assignment to a Federal Government station of the frequencies identified under clause (ii) of paragraph (2)(A) in order to accommodate shared Federal and non-Fed- eral commercial licensed use in accordance with that paragraph. ‘‘(5) AUCTION PROCEEDS TO COVER 110 PERCENT OF FED- ERAL RELOCATION OR SHARING COSTS.—Nothing in this subsection shall be construed to relieve the Commis- sion from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)).’’ REALLOCATION AND AUCTION OF 3450–3550 MHZ SPECTRUM BAND Pub. L. 116–260, div. FF, title IX, § 905, Dec. 27, 2020, 134 Stat. 3215, provided that: ‘‘(a) SHORT TITLE.—This section may be cited as the ‘Beat China by Harnessing Important, National Air- waves for 5G Act of 2020’ or the ‘Beat CHINA for 5G Act of 2020’. ‘‘(b) DEFINITIONS.—In this Act [probably means ‘‘this section’’]— ‘‘(1) the term ‘Commission’ means the Federal Com- munications Commission; and ‘‘(2) the term ‘covered band’ means the band of elec- tromagnetic spectrum between the frequencies of 3450 megahertz and 3550 megahertz, inclusive. ‘‘(c) WITHDRAWAL OR MODIFICATION OF FEDERAL GOV- ERNMENT ASSIGNMENTS.—The President, acting through the Assistant Secretary of Commerce for Communica- tions and Information, shall— ‘‘(1) not later than 180 days after the date of enact- ment of this Act [Dec. 27, 2020], in coordination with relevant Federal users, begin the process of with- drawing or modifying the assignments to Federal Government stations of the covered band as nec- essary for the Commission to comply with subsection (d); and ‘‘(2) not later than 30 days after completing any necessary withdrawal or modification under para- graph (1), notify the Commission that the withdrawal or modification is complete. ‘‘(d) REALLOCATION AND AUCTION.— ‘‘(1) IN GENERAL.—The Commission shall— ‘‘(A) revise the non-Federal allocation for the covered band to permit flexible-use services; and ‘‘(B) notwithstanding paragraph (15)(A) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), not later than December 31, 2021, begin a system of competitive bidding under that section to grant new initial licenses for the use of a portion or all of the covered band, subject to flexible-use serv- ice rules. ‘‘(2) EXEMPTION FROM NOTIFICATION REQUIREMENT.— The first sentence of section 113(g)(4)(A) of the Na- tional Telecommunications and Information Admin- istration Organization Act (47 U.S.C. 923(g)(4)(A)) shall not apply with respect to the system of com- petitive bidding required under paragraph (1)(B) of this subsection. ‘‘(3) PROCEEDS TO COVER 110 PERCENT OF FEDERAL RE- LOCATION OR SHARING COSTS.—Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of section 309(j)(16)(B) of the Com- munications Act of 1934 (47 U.S.C. 309(j)(16)(B)).’’ IDENTIFICATION, REALLOCATION, AND AUCTION OF FEDERAL SPECTRUM Pub. L. 114–74, title X, §§ 1002–1004, Nov. 2, 2015, 129 Stat. 621, as amended by Pub. L. 114–328, div. A, title X, § 1044, Dec. 23, 2016, 130 Stat. 2394, provided that: ‘‘SEC. 1002. DEFINITIONS. ‘‘In this title [see Short Title of 2015 Amendment note set out under section 901 of this title]: ‘‘(1) ASSISTANT SECRETARY.—The term ‘Assistant Secretary’ means the Assistant Secretary of Com- merce for Communications and Information. ‘‘(2) COMMISSION.—The term ‘Commission’ means the Federal Communications Commission. ‘‘(3) FEDERAL ENTITY.—The term ‘Federal entity’ has the meaning given such term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)). ‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary of Commerce. ‘‘SEC. 1003. RULE OF CONSTRUCTION. ‘‘Each range of frequencies described in this title shall be construed to be inclusive of the upper and lower frequencies in the range. ‘‘SEC. 1004. IDENTIFICATION, REALLOCATION, AND AUCTION OF FEDERAL SPECTRUM. ‘‘(a) IDENTIFICATION OF SPECTRUM.—Not later than January 1, 2022, the Secretary shall submit to the Page 383 TITLE 47—TELECOMMUNICATIONS § 921 President and to the Commission a report identifying 30 megahertz of electromagnetic spectrum (in bands of not less than 10 megahertz of contiguous frequencies) below the frequency of 3 gigahertz (except for the spec- trum between the frequencies of 1675 megahertz and 1695 megahertz) for reallocation from Federal use to non-Federal use or shared Federal and non-Federal use, or a combination thereof. ‘‘(b) CLEARING OF SPECTRUM.—The President shall— ‘‘(1) not later than January 1, 2022, begin the proc- ess of withdrawing or modifying the assignment to a Federal Government station of the electromagnetic spectrum identified under subsection (a); and ‘‘(2) not later than 30 days after completing the withdrawal or modification, notify the Commission that the withdrawal or modification is complete. ‘‘(c) REALLOCATION AND AUCTION.— ‘‘(1) IN GENERAL.—The Commission shall— ‘‘(A) reallocate the electromagnetic spectrum identified under subsection (a) for non-Federal use or shared Federal and non-Federal use, or a com- bination thereof; and ‘‘(B) notwithstanding paragraph (15)(A) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), not later than July 1, 2024, begin a system of competitive bidding under such section to grant new initial licenses for the use of such spectrum, subject to flexible-use service rules. ‘‘(2) PROCEEDS TO COVER 110 PERCENT OF FEDERAL RE- LOCATION OR SHARING COSTS.—Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of section 309(j)(16)(B) of the Com- munications Act of 1934 (47 U.S.C. 309(j)(16)(B)). ‘‘(d) PROTECTION OF CERTAIN FEDERAL SPECTRUM OP- ERATIONS.—If the report required by subsection (a) de- termines that reallocation and auction of the spectrum described in the report would harm national security by impacting existing terrestrial Federal spectrum op- erations at the Nevada Test and Training Range, the Commission, in coordination with the Secretary shall, prior to the auction described in subsection (c)(1)(B), establish rules for licensees in such spectrum sufficient to mitigate harmful interference to such operations. ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to affect any requirement under sec- tion 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 (47 U.S.C. 921 note; Public Law 106–65).’’ STUDY AND REPORT ON CURRENT AND FUTURE SPECTRUM USE Pub. L. 106–553, § 1(a)(2) [title II], Dec. 21, 2000, 114 Stat. 2762, 2762A–73, provided in part that the Adminis- trator would, after consultation with other appropriate agencies, complete and submit to Congress not later than twelve months after Dec. 21, 2000, a study of the current and future use of spectrum by these entities to protect and maintain the nation’s critical infrastruc- ture and also provided that within six months after the release of this study, the Chairman of the Federal Ccommunication Commission was to submit a report to Congress on actions that could be taken by the Com- mission to address any needs identified in the study. REPORT ON PROGRESS ON SPECTRUM SHARING Pub. L. 106–398, § 1 [[div. A], title XVII, § 1705], Oct. 30, 2000, 114 Stat. 1654, 1654A–366, provided that the Sec- retary of Defense, in consultation with the Attorney General and the Secretary of Commerce, would provide for an engineering study to identify any portion of the 138–144 megahertz band that the Department of Defense could share in various geographic regions with public safety radio services, any measures required to prevent harmful interference between Department of Defense systems and the public safety systems, and a reason- able schedule for implementation of sharing of fre- quencies, with an interim report due to Congress by 1 year after Oct. 30, 2000, on progress of the study, and no later than Jan. 1, 2002, a report submitted jointly by the Secretary of Commerce and the Chairman of the Federal Communication Commission on alternative frequencies available for use by public safety systems. SURRENDER OF DEPARTMENT OF DEFENSE SPECTRUM Pub. L. 106–65, div. A, title X, § 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 sur- render use of such band of frequencies, the Department shall not surrender use of such band of frequencies until— ‘‘(A) the National Telecommunications and Infor- mation Administration, in consultation with the Fed- eral Communications Commission, identifies and makes available to the Department for its primary use, if necessary, an alternative band or bands of fre- quencies as a replacement for the band to be so sur- rendered; 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 characteris- tics 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 re- allocation 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 Budg- et Act of 1997 (Public Law 105–33, 111 Stat. 258) [enact- ing 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].’’ [Pub. L. 108–494, title II, § 206, Dec. 23, 2004, 118 Stat. 3996, provided that: ‘‘Nothing in this title [see Short Title of 2004 Amendment note set out under section 901 of this title] is intended to modify section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65) [set out above].’’] 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, § 1062(c)(1), Oct. 5, 1999, 113 Stat. 768, provided that: ‘‘Notwithstanding any pro- vision of the National Telecommunications and Infor- mation 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 pri- mary basis by the Department of Defense— ‘‘(A) the bands of frequencies aggregating 3 mega- hertz located between 138 and 144 megahertz that were recommended for reallocation in the second re- allocation 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 realloca- tion.’’ ASSESSMENT OF ELECTROMAGNETIC SPECTRUM REALLOCATION Pub. L. 102–538, title I, § 156, as added by Pub. L. 106–65, div. A, title X, § 1062(a), Oct. 5, 1999, 113 Stat. 767, required the Secretary of Commerce to convene an Page 384 TITLE 47—TELECOMMUNICATIONS § 922 interagency review and assessment of the progress made in implementation of national spectrum plan- ning, the reallocation of Federal Government spectrum to non-Federal use, and the implications for such re- allocations to the affected Federal executive agencies and to submit to the President and committees of Con- gress, not later than Oct. 1, 2000, a report on the assess- ment. § 922. National spectrum allocation planning 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: (1) the extent to which licenses for spectrum use can be issued pursuant to section 309(j) of this title to increase Federal revenues; (2) the future spectrum requirements for public and private uses, including State and local government public safety agencies; (3) the spectrum allocation actions nec- essary to accommodate those uses; and (4) actions necessary to promote the effi- cient use of the spectrum, including spectrum management techniques to promote increased shared use of the spectrum that does not cause harmful interference as a means of increasing commercial access. (Pub. L. 102–538, title I, § 112, as added Pub. L. 103–66, title VI, § 6001(a)(3), Aug. 10, 1993, 107 Stat. 380.) § 923. Identification of reallocable frequencies (a) Identification required The Secretary shall, within 18 months after August 10, 1993, and within 6 months after Au- gust 5, 1997, prepare and submit to the President and the Congress a report identifying and rec- ommending for reallocation bands of fre- quencies— (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 Gov- ernment; (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 Gov- ernment use) will not result in costs to the Federal Government, or losses of services or benefits to the public, that are excessive in re- lation 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 bene- fits under the 1934 Act [47 U.S.C. 151 et seq.] if allocated for non-Federal use. (b) Minimum amount of spectrum recommended (1) Initial reallocation report In accordance with the provisions of this section, the Secretary shall recommend for re- allocation 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 para- graphs (1) through (5) of subsection (a). Such bands of frequencies shall include bands of fre- quencies, located below 3 gigahertz, that span in the aggregate not less than 100 megahertz. (2) Mixed uses permitted to be counted Bands of frequencies which a report of the Secretary under subsection (a) or (d)(1) rec- ommends be partially retained for use by Fed- eral 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 re- quired by paragraph (1) or (3) of this sub- section, 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 as- signments of the band to Federal Govern- ment 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 sub- stantially 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 coordina- tion procedures that the Commission and the Secretary shall jointly establish and im- plement to ensure against harmful inter- ference. (3) Second reallocation report In accordance with the provisions of this section, the Secretary shall recommend for re- allocation 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 fre- quencies that— (A) in the aggregate span not less than 12 megahertz; (B) are located below 3 gigahertz; and (C) meet the criteria specified in para- graphs (1) through (5) of subsection (a). (c) Criteria for identification (1) Needs of the Federal Government In determining whether a band of fre- quencies meets the criteria specified in sub- section (a)(2), the Secretary shall— (A) consider whether the band of fre- quencies is used to provide a communica- tions 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 per- mitted under subsection (b)(2));