47 U.S.C. § 309 — Application for license

Page 145 TITLE 47—TELECOMMUNICATIONS § 309 by the Congress and during the continuance of any war in which the United States is engaged and when such action is necessary for the na- tional defense or security or otherwise in fur- therance of the war effort, or (3) in cases of emergency where the Commission finds, in the nonbroadcast services, that it would not be fea- sible to secure renewal applications from exist- ing licensees or otherwise to follow normal li- censing procedure, the Commission may grant construction permits and station licenses, or modifications or renewals thereof, during the emergency so found by the Commission or dur- ing the continuance of any such national emer- gency or war, in such manner and upon such terms and conditions as the Commission shall by regulation prescribe, and without the filing of a formal application, but no authorization so granted shall continue in effect beyond the pe- riod of the emergency or war requiring it: Pro- vided further, That the Commission may issue by cable, telegraph, or radio a permit for the oper- ation of a station on a vessel of the United States at sea, effective in lieu of a license until said vessel shall return to a port of the conti- nental United States. (b) Conditions All applications for station licenses, or modi- fications or renewals thereof, shall set forth such facts as the Commission by regulation may prescribe as to the citizenship, character, and fi- nancial, technical, and other qualifications of the applicant to operate the station; the owner- ship and location of the proposed station and of the stations, if any, with which it is proposed to communicate; the frequencies and the power de- sired to be used; the hours of the day or other periods of time during which it is proposed to operate the station; the purposes for which the station is to be used; and such other information as it may require. The Commission, at any time after the filing of such original application and during the term of any such license, may require from an applicant or licensee further written statements of fact to enable it to determine whether such original application should be granted or denied or such license revoked. Such application and/or such statement of fact shall be signed by the applicant and/or licensee in any manner or form, including by electronic means, as the Commission may prescribe by regulation. (c) Commercial communication The Commission in granting any license for a station intended or used for commercial commu- nication between the United States or any Ter- ritory or possession, continental or insular, sub- ject to the jurisdiction of the United States, and any foreign country, may impose any terms, conditions, or restrictions authorized to be im- posed with respect to submarine-cable licenses by section 35 of this title. (d) Summary of complaints Each applicant for the renewal of a commer- cial or noncommercial television license shall attach as an exhibit to the application a sum- mary of written comments and suggestions re- ceived from the public and maintained by the li- censee (in accordance with Commission regula- tions) that comment on the applicant’s pro- gramming, if any, and that are characterized by the commentor as constituting violent program- ming. (June 19, 1934, ch. 652, title III, § 308, 48 Stat. 1084; July 16, 1952, ch. 879, § 6, 66 Stat. 714; Pub. L. 87–444, § 3, Apr. 27, 1962, 76 Stat. 63; Pub. L. 102–538, title II, § 204(b), Oct. 27, 1992, 106 Stat. 3543; Pub. L. 103–414, title III, § 303(a)(15), Oct. 25, 1994, 108 Stat. 4295; Pub. L. 104–104, title II, § 204(b), Feb. 8, 1996, 110 Stat. 113.) Editorial Notes AMENDMENTS 1996—Subsec. (d). Pub. L. 104–104 added subsec. (d). 1994—Subsec. (c). Pub. L. 103–414 made technical amendment to reference to section 35 of this title to correct reference to corresponding section of original act. 1992—Subsec. (b). Pub. L. 102–538 inserted before pe- riod at end ‘‘in any manner or form, including by elec- tronic means, as the Commission may prescribe by reg- ulation’’. 1962—Subsec. (b). Pub. L. 87–444 struck out require- ment that applications or statements of fact were to be signed under oath or affirmation. 1952—Subsec. (a). Act July 16, 1952, § 6(a), provided that the Commission may grant construction permits and station licenses, or modifications or renewals, only upon written application except that during war or emergency periods no formal application need be filed. Subsec. (b). Act July 16, 1952, § 6(b), substituted ‘‘All applications for station licenses or modifications or re- newals thereof, shall set forth’’ for ‘‘All such applica- tions shall set forth’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–104, title II, § 204(c), Feb. 8, 1996, 110 Stat. 113, provided that: ‘‘The amendments made by this sec- tion [amending this section and section 309 of this title] apply to applications filed after May 1, 1995.’’ § 309. Application for license (a) Considerations in granting application Subject to the provisions of this section, the Commission shall determine, in the case of each application filed with it to which section 308 of this title applies, whether the public interest, convenience, and necessity will be served by the granting of such application, and, if the Com- mission, upon examination of such application and upon consideration of such other matters as the Commission may officially notice, shall find that public interest, convenience, and necessity would be served by the granting thereof, it shall grant such application. (b) Time of granting application Except as provided in subsection (c) of this section, no such application— (1) for an instrument of authorization in the case of a station in the broadcasting or com- mon carrier services, or (2) for an instrument of authorization in the case of a station in any of the following cat- egories: (A) industrial radio positioning stations for which frequencies are assigned on an ex- clusive basis, (B) aeronautical en route stations, (C) aeronautical advisory stations, Page 146 TITLE 47—TELECOMMUNICATIONS § 309 (D) airdrome control stations, (E) aeronautical fixed stations, and (F) such other stations or classes of sta- tions, not in the broadcasting or common carrier services, as the Commission shall by rule prescribe, shall be granted by the Commission earlier than thirty days following issuance of public notice by the Commission of the acceptance for filing of such application or of any substantial amend- ment thereof. (c) Applications not affected by subsection (b) Subsection (b) of this section shall not apply— (1) to any minor amendment of an applica- tion to which such subsection is applicable, or (2) to any application for— (A) a minor change in the facilities of an authorized station, (B) consent to an involuntary assignment or transfer under section 310(b) of this title or to an assignment or transfer thereunder which does not involve a substantial change in ownership or control, (C) a license under section 319(c) of this title or, pending application for or grant of such license, any special or temporary au- thorization to permit interim operation to facilitate completion of authorized construc- tion or to provide substantially the same service as would be authorized by such li- cense, (D) extension of time to complete con- struction of authorized facilities, (E) an authorization of facilities for re- mote pickups, studio links and similar fa- cilities for use in the operation of a broad- cast station, (F) authorizations pursuant to section 325(c) of this title where the programs to be transmitted are special events not of a con- tinuing nature, (G) a special temporary authorization for nonbroadcast operation not to exceed thirty days where no application for regular oper- ation is contemplated to be filed or not to exceed sixty days pending the filing of an ap- plication for such regular operation, or (H) an authorization under any of the pro- viso clauses of section 308(a) of this title. (d) Petition to deny application; time; contents; reply; findings (1) Any party in interest may file with the Commission a petition to deny any application (whether as originally filed or as amended) to which subsection (b) of this section applies at any time prior to the day of Commission grant thereof without hearing or the day of formal designation thereof for hearing; except that with respect to any classification of applica- tions, the Commission from time to time by rule may specify a shorter period (no less than thirty days following the issuance of public notice by the Commission of the acceptance for filing of such application or of any substantial amend- ment thereof), which shorter period shall be rea- sonably related to the time when the applica- tions would normally be reached for processing. The petitioner shall serve a copy of such peti- tion on the applicant. The petition shall contain specific allegations of fact sufficient to show that the petitioner is a party in interest and that a grant of the application would be prima facie inconsistent with subsection (a) (or sub- section (k) in the case of renewal of any broad- cast station license). Such allegations of fact shall, except for those of which official notice may be taken, be supported by affidavit of a per- son or persons with personal knowledge thereof. The applicant shall be given the opportunity to file a reply in which allegations of fact or deni- als thereof shall similarly be supported by affi- davit. (2) If the Commission finds on the basis of the application, the pleadings filed, or other matters which it may officially notice that there are no substantial and material questions of fact and that a grant of the application would be con- sistent with subsection (a) (or subsection (k) in the case of renewal of any broadcast station li- cense), it shall make the grant, deny the peti- tion, and issue a concise statement of the rea- sons for denying the petition, which statement shall dispose of all substantial issues raised by the petition. If a substantial and material ques- tion of fact is presented or if the Commission for any reason is unable to find that grant of the ap- plication would be consistent with subsection (a) (or subsection (k) in the case of renewal of any broadcast station license), it shall proceed as provided in subsection (e). (e) Hearings; intervention; evidence; burden of proof If, in the case of any application to which sub- section (a) of this section applies, a substantial and material question of fact is presented or the Commission for any reason is unable to make the finding specified in such subsection, it shall formally designate the application for hearing on the ground or reasons then obtaining and shall forthwith notify the applicant and all other known parties in interest of such action and the grounds and reasons therefor, specifying with particularity the matters and things in issue but not including issues or requirements phrased generally. When the Commission has so designated an application for hearing the parties in interest, if any, who are not notified by the Commission of such action may acquire the sta- tus of a party to the proceeding thereon by fil- ing a petition for intervention showing the basis for their interest not more than thirty days after publication of the hearing issues or any substantial amendment thereto in the Federal Register. Any hearing subsequently held upon such application shall be a full hearing in which the applicant and all other parties in interest shall be permitted to participate. The burden of proceeding with the introduction of evidence and the burden of proof shall be upon the appli- cant, except that with respect to any issue pre- sented by a petition to deny or a petition to en- large the issues, such burdens shall be as deter- mined by the Commission. (f) Temporary authorization of temporary oper- ations under subsection (b) When an application subject to subsection (b) has been filed, the Commission, notwithstanding the requirements of such subsection, may, if the grant of such application is otherwise author- Page 147 TITLE 47—TELECOMMUNICATIONS § 309 ized by law and if it finds that there are extraor- dinary circumstances requiring temporary oper- ations in the public interest and that delay in the institution of such temporary operations would seriously prejudice the public interest, grant a temporary authorization, accompanied by a statement of its reasons therefor, to permit such temporary operations for a period not ex- ceeding 180 days, and upon making like findings may extend such temporary authorization for additional periods not to exceed 180 days. When any such grant of a temporary authorization is made, the Commission shall give expeditious treatment to any timely filed petition to deny such application and to any petition for rehear- ing of such grant filed under section 405 of this title. (g) Classification of applications The Commission is authorized to adopt rea- sonable classifications of applications and amendments in order to effectuate the purposes of this section. (h) Form and conditions of station licenses Such station licenses as the Commission may grant shall be in such general form as it may prescribe, but each license shall contain, in ad- dition to other provisions, a statement of the following conditions to which such license shall be subject: (1) The station license shall not vest in the licensee any right to operate the station nor any right in the use of the frequencies des- ignated in the license beyond the term thereof nor in any other manner than authorized there- in; (2) neither the license nor the right granted thereunder shall be assigned or otherwise trans- ferred in violation of this chapter; (3) every li- cense issued under this chapter shall be subject in terms to the right of use or control conferred by section 606 of this title. (i) Random selection (1) GENERAL AUTHORITY.—Except as provided in paragraph (5), if there is more than one appli- cation for any initial license or construction permit, then the Commission shall have the au- thority to grant such license or permit to a qualified applicant through the use of a system of random selection. (2) No license or construction permit shall be granted to an applicant selected pursuant to paragraph (1) unless the Commission determines the qualifications of such applicant pursuant to subsection (a) and section 308(b) of this title. When substantial and material questions of fact exist concerning such qualifications, the Com- mission shall conduct a hearing in order to make such determinations. For the purpose of making such determinations, the Commission may, by rule, and notwithstanding any other provision of law— (A) adopt procedures for the submission of all or part of the evidence in written form; (B) delegate the function of presiding at the taking of written evidence to Commission em- ployees other than administrative law judges; and (C) omit the determination required by sub- section (a) with respect to any application other than the one selected pursuant to para- graph (1). (3)(A) The Commission shall establish rules and procedures to ensure that, in the adminis- tration of any system of random selection under this subsection used for granting licenses or construction permits for any media of mass communications, significant preferences will be granted to applicants or groups of applicants, the grant to which of the license or permit would increase the diversification of ownership of the media of mass communications. To fur- ther diversify the ownership of the media of mass communications, an additional significant preference shall be granted to any applicant controlled by a member or members of a minor- ity group. (B) The Commission shall have authority to require each qualified applicant seeking a sig- nificant preference under subparagraph (A) to submit to the Commission such information as may be necessary to enable the Commission to make a determination regarding whether such applicant shall be granted such preference. Such information shall be submitted in such form, at such times, and in accordance with such proce- dures, as the Commission may require. (C) For purposes of this paragraph: (i) The term ‘‘media of mass communica- tions’’ includes television, radio, cable tele- vision, multipoint distribution service, direct broadcast satellite service, and other services, the licensed facilities of which may be sub- stantially devoted toward providing program- ming or other information services within the editorial control of the licensee. (ii) The term ‘‘minority group’’ includes Blacks, Hispanics, American Indians, Alaska Natives, Asians, and Pacific Islanders. (4)(A) The Commission shall, after notice and opportunity for hearing, prescribe rules estab- lishing a system of random selection for use by the Commission under this subsection in any in- stance in which the Commission, in its discre- tion, determines that such use is appropriate for the granting of any license or permit in accord- ance with paragraph (1). (B) The Commission shall have authority to amend such rules from time to time to the ex- tent necessary to carry out the provisions of this subsection. Any such amendment shall be made after notice and opportunity for hearing. (C) Not later than 180 days after August 10, 1993, the Commission shall prescribe such trans- fer disclosures and antitrafficking restrictions and payment schedules as are necessary to pre- vent the unjust enrichment of recipients of li- censes or permits as a result of the methods em- ployed to issue licenses under this subsection. (5) TERMINATION OF AUTHORITY.—(A) Except as provided in subparagraph (B), the Commission shall not issue any license or permit using a sys- tem of random selection under this subsection after July 1, 1997. (B) Subparagraph (A) of this paragraph shall not apply with respect to licenses or permits for stations described in section 397(6) of this title. (j) Use of competitive bidding (1) General authority If, consistent with the obligations described in paragraph (6)(E), mutually exclusive appli- cations are accepted for any initial license or Page 148 TITLE 47—TELECOMMUNICATIONS § 309 construction permit, then, except as provided in paragraph (2), the Commission shall grant the license or permit to a qualified applicant through a system of competitive bidding that meets the requirements of this subsection. (2) Exemptions The competitive bidding authority granted by this subsection shall not apply to licenses or construction permits issued by the Commis- sion— (A) for public safety radio services, includ- ing private internal radio services used by State and local governments and non-gov- ernment entities and including emergency road services provided by not-for-profit orga- nizations, that— (i) are used to protect the safety of life, health, or property; and (ii) are not made commercially available to the public; (B) for initial licenses or construction per- mits for digital television service given to existing terrestrial broadcast licensees to re- place their analog television service li- censes; or (C) for stations described in section 397(6) of this title. (3) Design of systems of competitive bidding For each class of licenses or permits that the Commission grants through the use of a competitive bidding system, the Commission shall, by regulation, establish a competitive bidding methodology. The Commission shall seek to design and test multiple alternative methodologies under appropriate cir- cumstances. The Commission shall, directly or by contract, provide for the design and con- duct (for purposes of testing) of competitive bidding using a contingent combinatorial bid- ding system that permits prospective bidders to bid on combinations or groups of licenses in a single bid and to enter multiple alternative bids within a single bidding round. In identi- fying classes of licenses and permits to be issued by competitive bidding, in specifying eligibility and other characteristics of such li- censes and permits, and in designing the meth- odologies for use under this subsection, the Commission shall include safeguards to pro- tect the public interest in the use of the spec- trum and shall seek to promote the purposes specified in section 151 of this title and the fol- lowing objectives: (A) the development and rapid deployment of new technologies, products, and services for the benefit of the public, including those residing in rural areas, without administra- tive or judicial delays; (B) promoting economic opportunity and competition and ensuring that new and inno- vative technologies are readily accessible to the American people by avoiding excessive concentration of licenses and by dissemi- nating licenses among a wide variety of ap- plicants, including small businesses, rural telephone companies, and businesses owned by members of minority groups and women; (C) recovery for the public of a portion of the value of the public spectrum resource made available for commercial use and avoidance of unjust enrichment through the methods employed to award uses of that re- source; (D) efficient and intensive use of the elec- tromagnetic spectrum; (E) ensure that, in the scheduling of any competitive bidding under this subsection, an adequate period is allowed— (i) before issuance of bidding rules, to permit notice and comment on proposed auction procedures; and (ii) after issuance of bidding rules, to en- sure that interested parties have a suffi- cient time to develop business plans, as- sess market conditions, and evaluate the availability of equipment for the relevant services; and (F) for any auction of eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Ad- ministration Organization Act (47 U.S.C. 923(g)(2)), the recovery of 110 percent of esti- mated relocation or sharing costs as pro- vided to the Commission pursuant to section 113(g)(4) of such Act. (4) Contents of regulations In prescribing regulations pursuant to para- graph (3), the Commission shall— (A) consider alternative payment sched- ules and methods of calculation, including lump sums or guaranteed installment pay- ments, with or without royalty payments, or other schedules or methods that promote the objectives described in paragraph (3)(B), and combinations of such schedules and meth- ods; (B) include performance requirements, such as appropriate deadlines and penalties for performance failures, to ensure prompt delivery of service to rural areas, to prevent stockpiling or warehousing of spectrum by licensees or permittees, and to promote in- vestment in and rapid deployment of new technologies and services; (C) consistent with the public interest, convenience, and necessity, the purposes of this chapter, and the characteristics of the proposed service, prescribe area designations and bandwidth assignments that promote (i) an equitable distribution of licenses and services among geographic areas, (ii) eco- nomic opportunity for a wide variety of ap- plicants, including small businesses, rural telephone companies, and businesses owned by members of minority groups and women, and (iii) investment in and rapid deployment of new technologies and services; (D) ensure that small businesses, rural telephone companies, and businesses owned by members of minority groups and women are given the opportunity to participate in the provision of spectrum-based services, and, for such purposes, consider the use of tax certificates, bidding preferences, and other procedures; (E) require such transfer disclosures and antitrafficking restrictions and payment schedules as may be necessary to prevent unjust enrichment as a result of the methods employed to issue licenses and permits; and Page 149 TITLE 47—TELECOMMUNICATIONS § 309 (F) prescribe methods by which a reason- able reserve price will be required, or a min- imum bid will be established, to obtain any license or permit being assigned pursuant to the competitive bidding, unless the Commis- sion determines that such a reserve price or minimum bid is not in the public interest. (5) Bidder and licensee qualification No person shall be permitted to participate in a system of competitive bidding pursuant to this subsection unless such bidder submits such information and assurances as the Com- mission may require to demonstrate that such bidder’s application is acceptable for filing. No license shall be granted to an applicant se- lected pursuant to this subsection unless the Commission determines that the applicant is qualified pursuant to subsection (a) and sec- tions 308(b) and 310 of this title. Consistent with the objectives described in paragraph (3), the Commission shall, by regulation, prescribe expedited procedures consistent with the pro- cedures authorized by subsection (i)(2) for the resolution of any substantial and material issues of fact concerning qualifications. (6) Rules of construction Nothing in this subsection, or in the use of competitive bidding, shall— (A) alter spectrum allocation criteria and procedures established by the other provi- sions of this chapter; (B) limit or otherwise affect the require- ments of subsection (h) of this section, sec- tion 301, 304, 307, 310, or 606 of this title, or any other provision of this chapter (other than subsections (d)(2) and (e) of this sec- tion); (C) diminish the authority of the Commis- sion under the other provisions of this chap- ter to regulate or reclaim spectrum licenses; (D) be construed to convey any rights, in- cluding any expectation of renewal of a li- cense, that differ from the rights that apply to other licenses within the same service that were not issued pursuant to this sub- section; (E) be construed to relieve the Commission of the obligation in the public interest to continue to use engineering solutions, nego- tiation, threshold qualifications, service reg- ulations, and other means in order to avoid mutual exclusivity in application and licens- ing proceedings; (F) be construed to prohibit the Commis- sion from issuing nationwide, regional, or local licenses or permits; (G) be construed to prevent the Commis- sion from awarding licenses to those persons who make significant contributions to the development of a new telecommunications service or technology; or (H) be construed to relieve any applicant for a license or permit of the obligation to pay charges imposed pursuant to section 158 of this title. (7) Consideration of revenues in public interest determinations (A) Consideration prohibited In making a decision pursuant to section 303(c) of this title to assign a band of fre- quencies to a use for which licenses or per- mits will be issued pursuant to this sub- section, and in prescribing regulations pur- suant to paragraph (4)(C) of this subsection, the Commission may not base a finding of public interest, convenience, and necessity on the expectation of Federal revenues from the use of a system of competitive bidding under this subsection. (B) Consideration limited In prescribing regulations pursuant to paragraph (4)(A) of this subsection, the Com- mission may not base a finding of public in- terest, convenience, and necessity solely or predominantly on the expectation of Federal revenues from the use of a system of com- petitive bidding under this subsection. (C) Consideration of demand for spectrum not affected Nothing in this paragraph shall be con- strued to prevent the Commission from con- tinuing to consider consumer demand for spectrum-based services. (8) Treatment of revenues (A) General rule Except as provided in subparagraphs (B), (D), (E), (F), and (G), all proceeds from the use of a competitive bidding system under this subsection shall be deposited in the Treasury in accordance with chapter 33 of title 31. (B) Retention of revenues Notwithstanding subparagraph (A), the salaries and expenses account of the Com- mission shall retain as an offsetting collec- tion such sums as may be necessary from such proceeds for the costs of developing and implementing the program required by this subsection. Such offsetting collections shall be available for obligation subject to the terms and conditions of the receiving appro- priations account, and shall be deposited in such accounts on a quarterly basis. Such off- setting collections are authorized to remain available until expended. (C) Deposit and use of auction escrow ac- counts Any deposits the Commission may require for the qualification of any person to bid in a system of competitive bidding pursuant to this subsection shall be deposited in the Treasury. Within 45 days following the con- clusion of the competitive bidding— (i) the deposits of successful bidders shall be deposited in the general fund of the Treasury (where such deposits shall be used for the sole purpose of deficit reduc- tion), except as otherwise provided in sub- paragraphs (D)(ii), (E)(ii), (F), and (G); and (ii) the deposits of unsuccessful bidders shall be returned to such bidders, and pay- ments representing the return of such de- posits shall not be subject to administra- tive offset under section 3716(c) of title 31. (D) Proceeds from reallocated Federal spec- trum (i) In general Except as provided in clause (ii), cash proceeds attributable to the auction of any Page 150 TITLE 47—TELECOMMUNICATIONS § 309 eligible frequencies described in section 113(g)(2) of the National Telecommuni- cations and Information Administration Organization Act (47 U.S.C. 923(g)(2)) shall be deposited in the Spectrum Relocation Fund established under section 118 of such Act [47 U.S.C. 928], and shall be available in accordance with that section. (ii) Certain other proceeds Notwithstanding subparagraph (A) and except as provided in subparagraph (B), in the case of proceeds (including deposits and upfront payments from successful bid- ders) attributable to the auction of eligible frequencies described in paragraph (2) of section 113(g) of the National Tele- communications and Information Admin- istration Organization Act [47 U.S.C. 923(g)] that are required to be auctioned by section 1451(b)(1)(B) of this title, such por- tion of such proceeds as is necessary to cover the relocation or sharing costs (as defined in paragraph (3) of such section 113(g)) of Federal entities relocated from such eligible frequencies shall be deposited in the Spectrum Relocation Fund. The re- mainder of such proceeds shall be depos- ited in the Public Safety Trust Fund es- tablished by section 1457(a)(1) of this title. (E) Transfer of receipts (i) Establishment of Fund There is established in the Treasury of the United States a fund to be known as the Digital Television Transition and Pub- lic Safety Fund. (ii) Proceeds for funds Notwithstanding subparagraph (A), the proceeds (including deposits and upfront payments from successful bidders) from the use of a competitive bidding system under this subsection with respect to re- covered analog spectrum shall be deposited in the Digital Television Transition and Public Safety Fund. (iii) Transfer of amount to Treasury On September 30, 2009, the Secretary shall transfer $7,363,000,000 from the Dig- ital Television Transition and Public Safe- ty Fund to the general fund of the Treas- ury. (iv) Recovered analog spectrum For purposes of clause (i), the term ‘‘re- covered analog spectrum’’ has the meaning provided in paragraph (15)(C)(vi). (F) Certain proceeds designated for Public Safety Trust Fund Notwithstanding subparagraph (A) and ex- cept as provided in subparagraphs (B) and (D)(ii), the proceeds (including deposits and upfront payments from successful bidders) from the use of a system of competitive bid- ding under this subsection pursuant to sec- tion 1451(b)(1)(B) of this title shall be depos- ited in the Public Safety Trust Fund estab- lished by section 1457(a)(1) of this title. (G) Incentive auctions (i) In general Notwithstanding subparagraph (A) and except as provided in subparagraph (B), the Commission may encourage a licensee to relinquish voluntarily some or all of its licensed spectrum usage rights in order to permit the assignment of new initial li- censes subject to flexible-use service rules by sharing with such licensee a portion, based on the value of the relinquished rights as determined in the reverse auc- tion required by clause (ii)(I), of the pro- ceeds (including deposits and upfront pay- ments from successful bidders) from the use of a competitive bidding system under this subsection. (ii) Limitations The Commission may not enter into an agreement for a licensee to relinquish spectrum usage rights in exchange for a share of auction proceeds under clause (i) unless— (I) the Commission conducts a reverse auction to determine the amount of compensation that licensees would ac- cept in return for voluntarily relin- quishing spectrum usage rights; and (II) at least two competing licensees participate in the reverse auction. (iii) Treatment of revenues Notwithstanding subparagraph (A) and except as provided in subparagraph (B), the proceeds (including deposits and up- front payments from successful bidders) from any auction, prior to the end of fiscal year 2022, of spectrum usage rights made available under clause (i) that are not shared with licensees under such clause shall be deposited as follows: (I) $1,750,000,000 of the proceeds from the incentive auction of broadcast tele- vision spectrum required by section 1452 of this title shall be deposited in the TV Broadcaster Relocation Fund established by subsection (d)(1) of such section. (II) All other proceeds shall be depos- ited— (aa) prior to the end of fiscal year 2022, in the Public Safety Trust Fund established by section 1457(a)(1) of this title; and (bb) after the end of fiscal year 2022, in the general fund of the Treasury, where such proceeds shall be dedicated for the sole purpose of deficit reduc- tion. (iv) Congressional notification At least 3 months before any incentive auction conducted under this subpara- graph, the Chairman of the Commission, in consultation with the Director of the Of- fice of Management and Budget, shall no- tify the appropriate committees of Con- gress of the methodology for calculating the amounts that will be shared with li- censees under clause (i). (v) Definition In this subparagraph, the term ‘‘appro- priate committees of Congress’’ means— Page 151 TITLE 47—TELECOMMUNICATIONS § 309 (I) the Committee on Commerce, Science, and Transportation of the Sen- ate; (II) the Committee on Appropriations of the Senate; (III) the Committee on Energy and Commerce of the House of Representa- tives; and (IV) the Committee on Appropriations of the House of Representatives. (9) Use of former Government spectrum The Commission shall, not later than 5 years after August 10, 1993, issue licenses and per- mits pursuant to this subsection for the use of bands of frequencies that— (A) in the aggregate span not less than 10 megahertz; and (B) have been reassigned from Government use pursuant to part B of the National Tele- communications and Information Adminis- tration Organization Act [47 U.S.C. 921 et seq.]. (10) Authority contingent on availability of ad- ditional spectrum (A) Initial conditions The Commission’s authority to issue li- censes or permits under this subsection shall not take effect unless— (i) the Secretary of Commerce has sub- mitted to the Commission the report re- quired by section 113(d)(1) of the National Telecommunications and Information Ad- ministration Organization Act [47 U.S.C. 923(d)(1)]; (ii) such report recommends for imme- diate reallocation bands of frequencies that, in the aggregate, span not less than 50 megahertz; (iii) such bands of frequencies meet the criteria required by section 113(a) of such Act [47 U.S.C. 923(a)]; and (iv) the Commission has completed the rulemaking required by section 332(c)(1)(D) of this title. (B) Subsequent conditions The Commission’s authority to issue li- censes or permits under this subsection on and after 2 years after August 10, 1993, shall cease to be effective if— (i) the Secretary of Commerce has failed to submit the report required by section 113(a) of the National Telecommunications and Information Administration Organiza- tion Act [47 U.S.C. 923(a)]; (ii) the President has failed to withdraw and limit assignments of frequencies as re- quired by paragraphs (1) and (2) of section 114(a) of such Act [47 U.S.C. 924(a)]; (iii) the Commission has failed to issue the regulations required by section 115(a) of such Act [47 U.S.C. 925(a)]; (iv) the Commission has failed to com- plete and submit to Congress, not later than 18 months after August 10, 1993, a study of current and future spectrum needs of State and local government public safety agencies through the year 2010, and a specific plan to ensure that adequate fre- quencies are made available to public safe- ty licensees; or (v) the Commission has failed under sec- tion 332(c)(3) of this title to grant or deny within the time required by such section any petition that a State has filed within 90 days after August 10, 1993; until such failure has been corrected. (11) Termination The authority of the Commission to grant a license or permit under this subsection shall expire March 9, 2023, except that, with respect to the electromagnetic spectrum identified under section 1004(a) of the Spectrum Pipeline Act of 2015, such authority shall expire on Sep- tember 30, 2025, and with respect to the elec- tromagnetic spectrum identified under section 90008(b)(2)(A)(ii) of the Infrastructure Invest- ment and Jobs Act, such authority shall ex- pire on the date that is 7 years after November 15, 2021. (12) Repealed. Pub. L. 115–141, div. P, title IV, § 402(i)(4)(A), Mar. 23, 2018, 132 Stat. 1089 (13) Recovery of value of public spectrum in connection with pioneer preferences (A) In general Notwithstanding paragraph (6)(G), the Commission shall not award licenses pursu- ant to a preferential treatment accorded by the Commission to persons who make sig- nificant contributions to the development of a new telecommunications service or tech- nology, except in accordance with the re- quirements of this paragraph. (B) Recovery of value The Commission shall recover for the pub- lic a portion of the value of the public spec- trum resource made available to such person by requiring such person, as a condition for receipt of the license, to agree to pay a sum determined by— (i) identifying the winning bids for the licenses that the Commission determines are most reasonably comparable in terms of bandwidth, scope of service area, usage restrictions, and other technical charac- teristics to the license awarded to such person, and excluding licenses that the Commission determines are subject to bid- ding anomalies due to the award of pref- erential treatment; (ii) dividing each such winning bid by the population of its service area (herein- after referred to as the per capita bid amount); (iii) computing the average of the per capita bid amounts for the licenses identi- fied under clause (i); (iv) reducing such average amount by 15 percent; and (v) multiplying the amount determined under clause (iv) by the population of the service area of the license obtained by such person. (C) Installments permitted The Commission shall require such person to pay the sum required by subparagraph (B) in a lump sum or in guaranteed installment payments, with or without royalty pay- Page 152 TITLE 47—TELECOMMUNICATIONS § 309 ments, over a period of not more than 5 years. (D) Rulemaking on pioneer preferences Except with respect to pending applica- tions described in clause (iv) of this subpara- graph, the Commission shall prescribe regu- lations specifying the procedures and cri- teria by which the Commission will evaluate applications for preferential treatment in its licensing processes (by precluding the filing of mutually exclusive applications) for per- sons who make significant contributions to the development of a new service or to the development of new technologies that sub- stantially enhance an existing service. Such regulations shall— (i) specify the procedures and criteria by which the significance of such contribu- tions will be determined, after an oppor- tunity for review and verification by ex- perts in the radio sciences drawn from among persons who are not employees of the Commission or by any applicant for such preferential treatment; (ii) include such other procedures as may be necessary to prevent unjust enrichment by ensuring that the value of any such contribution justifies any reduction in the amounts paid for comparable licenses under this subsection; (iii) be prescribed not later than 6 months after December 8, 1994; (iv) not apply to applications that have been accepted for filing on or before Sep- tember 1, 1994; and (v) cease to be effective on the date of the expiration of the Commission’s author- ity under subparagraph (F). (E) Implementation with respect to pending applications In applying this paragraph to any broadband licenses in the personal commu- nications service awarded pursuant to the preferential treatment accorded by the Fed- eral Communications Commission in the Third Report and Order in General Docket 90–314 (FCC 93–550, released February 3, 1994)— (i) the Commission shall not reconsider the award of preferences in such Third Re- port and Order, and the Commission shall not delay the grant of licenses based on such awards more than 15 days following December 8, 1994, and the award of such preferences and licenses shall not be sub- ject to administrative or judicial review; (ii) the Commission shall not alter the bandwidth or service areas designated for such licenses in such Third Report and Order; (iii) except as provided in clause (v), the Commission shall use, as the most reason- ably comparable licenses for purposes of subparagraph (B)(i), the broadband li- censes in the personal communications service for blocks A and B for the 20 larg- est markets (ranked by population) in which no applicant has obtained pref- erential treatment; (iv) for purposes of subparagraph (C), the Commission shall permit guaranteed in- stallment payments over a period of 5 years, subject to— (I) the payment only of interest on un- paid balances during the first 2 years, commencing not later than 30 days after the award of the license (including any preferential treatment used in making such award) is final and no longer sub- ject to administrative or judicial review, except that no such payment shall be re- quired prior to the date of completion of the auction of the comparable licenses described in clause (iii); and (II) payment of the unpaid balance and interest thereon after the end of such 2 years in accordance with the regulations prescribed by the Commission; and (v) the Commission shall recover with respect to broadband licenses in the per- sonal communications service an amount under this paragraph that is equal to not less than $400,000,000, and if such amount is less than $400,000,000, the Commission shall recover an amount equal to $400,000,000 by allocating such amount among the holders of such licenses based on the population of the license areas held by each licensee. The Commission shall not include in any amounts required to be collected under clause (v) the interest on unpaid balances re- quired to be collected under clause (iv). (F) Expiration The authority of the Commission to pro- vide preferential treatment in licensing pro- cedures (by precluding the filing of mutually exclusive applications) to persons who make significant contributions to the development of a new service or to the development of new technologies that substantially enhance an existing service shall expire on August 5, 1997. (G) Effective date This paragraph shall be effective on De- cember 8, 1994, and apply to any licenses issued on or after August 1, 1994, by the Fed- eral Communications Commission pursuant to any licensing procedure that provides preferential treatment (by precluding the filing of mutually exclusive applications) to persons who make significant contributions to the development of a new service or to the development of new technologies that substantially enhance an existing service. (14) Auction of recaptured broadcast television spectrum (A) Limitations on terms of terrestrial tele- vision broadcast licenses A full-power television broadcast license that authorizes analog television service may not be renewed to authorize such serv- ice for a period that extends beyond June 12, 2009. (B) Spectrum reversion and resale (i) The Commission shall— (I) ensure that, as licenses for analog tel- evision service expire pursuant to subpara- graph (A), each licensee shall cease using Page 153 TITLE 47—TELECOMMUNICATIONS § 309 electromagnetic spectrum assigned to such service according to the Commission’s di- rection; and (II) reclaim and organize the electro- magnetic spectrum in a manner consistent with the objectives described in paragraph (3) of this subsection. (ii) Licensees for new services occupying spectrum reclaimed pursuant to clause (i) shall be assigned in accordance with this subsection. (C) Certain limitations on qualified bidders prohibited In prescribing any regulations relating to the qualification of bidders for spectrum re- claimed pursuant to subparagraph (B)(i), the Commission, for any license that may be used for any digital television service where the grade A contour of the station is pro- jected to encompass the entirety of a city with a population in excess of 400,000 (as de- termined using the 1990 decennial census), shall not— (i) preclude any party from being a qualified bidder for such spectrum on the basis of— (I) the Commission’s duopoly rule (47 C.F.R. 73.3555(b)); or (II) the Commission’s newspaper cross- ownership rule (47 C.F.R. 73.3555(d)); or (ii) apply either such rule to preclude such a party that is a winning bidder in a competitive bidding for such spectrum from using such spectrum for digital tele- vision service. (15) Commission to determine timing of auc- tions (A) Commission authority Subject to the provisions of this sub- section (including paragraph (11)), but not- withstanding any other provision of law, the Commission shall determine the timing of and deadlines for the conduct of competitive bidding under this subsection, including the timing of and deadlines for qualifying for bidding; conducting auctions; collecting, de- positing, and reporting revenues; and com- pleting licensing processes and assigning li- censes. (B) Termination of portions of auctions 31 and 44 Except as provided in subparagraph (C), the Commission shall not commence or con- duct auctions 31 and 44 on June 19, 2002, as specified in the public notices of March 19, 2002, and March 20, 2002 (DA 02–659 and DA 02–563). (C) Exception (i) Blocks excepted Subparagraph (B) shall not apply to the auction of— (I) the C-block of licenses on the bands of frequencies located at 710–716 mega- hertz, and 740–746 megahertz; or (II) the D-block of licenses on the bands of frequencies located at 716–722 megahertz. (ii) Eligible bidders The entities that shall be eligible to bid in the auction of the C-block and D-block licenses described in clause (i) shall be those entities that were qualified entities, and that submitted applications to partici- pate in auction 44, by May 8, 2002, as part of the original auction 44 short form filing deadline. (iii) Auction deadlines for excepted blocks Notwithstanding subparagraph (B), the auction of the C-block and D-block li- censes described in clause (i) shall be com- menced no earlier than August 19, 2002, and no later than September 19, 2002, and the proceeds of such auction shall be de- posited in accordance with paragraph (8) not later than December 31, 2002. (iv) Repealed. Pub. L. 115–141, div. P, title IV, § 402(i)(4)(B), Mar. 23, 2018, 132 Stat. 1089 (v) Additional deadlines for recovered ana- log spectrum Notwithstanding subparagraph (B), the Commission shall conduct the auction of the licenses for recovered analog spectrum by commencing the bidding not later than January 28, 2008, and shall deposit the pro- ceeds of such auction in accordance with paragraph (8)(E)(ii) not later than June 30, 2008. (vi) Recovered analog spectrum For purposes of clause (v), the term ‘‘re- covered analog spectrum’’ means the spec- trum between channels 52 and 69, inclusive (between frequencies 698 and 806 mega- hertz, inclusive) reclaimed from analog television service broadcasting under para- graph (14), other than— (I) the spectrum required by section 337 of this title to be made available for pub- lic safety services; and (II) the spectrum auctioned prior to February 8, 2006. (D) Return of payments Within one month after June 19, 2002, the Commission shall return to the bidders for licenses in the A-block, B-block, and E-block of auction 44 the full amount of all upfront payments made by such bidders for such li- censes. (16) Special auction provisions for eligible fre- quencies (A) Special regulations The Commission shall revise the regula- tions prescribed under paragraph (4)(F) of this subsection to prescribe methods by which the total cash proceeds from any auc- tion of eligible frequencies described in sec- tion 113(g)(2) of the National Telecommuni- cations and Information Administration Or- ganization Act (47 U.S.C. 923(g)(2)) shall at least equal 110 percent of the total estimated relocation or sharing costs provided to the Commission pursuant to section 113(g)(4) of such Act. Page 154 TITLE 47—TELECOMMUNICATIONS § 309 (B) Conclusion of auctions contingent on minimum proceeds The Commission shall not conclude any auction of eligible frequencies described in section 113(g)(2) of such Act [47 U.S.C. 923(g)(2)] if the total cash proceeds attrib- utable to such spectrum are less than 110 percent of the total estimated relocation or sharing costs provided to the Commission pursuant to section 113(g)(4) of such Act. If the Commission is unable to conclude an auction for the foregoing reason, the Com- mission shall cancel the auction, return within 45 days after the auction cancellation date any deposits from participating bidders held in escrow, and absolve such bidders from any obligation to the United States to bid in any subsequent reauction of such spectrum. (C) Authority to issue prior to deauthoriza- tion In any auction conducted under the regu- lations required by subparagraph (A), the Commission may grant a license assigned for the use of eligible frequencies prior to the termination of an eligible Federal entity’s authorization. However, the Commission shall condition such license by requiring that the licensee cannot cause harmful in- terference to such Federal entity until such entity’s authorization has been terminated by the National Telecommunications and In- formation Administration. (17) Certain conditions on auction participa- tion prohibited (A) In general Notwithstanding any other provision of law, the Commission may not prevent a per- son from participating in a system of com- petitive bidding under this subsection if such person— (i) complies with all the auction proce- dures and other requirements to protect the auction process established by the Commission; and (ii) either— (I) meets the technical, financial, char- acter, and citizenship qualifications that the Commission may require under sec- tion 303(l)(1), 308(b), or 310 of this title to hold a license; or (II) would meet such license qualifica- tions by means approved by the Commis- sion prior to the grant of the license. (B) Clarification of authority Nothing in subparagraph (A) affects any authority the Commission has to adopt and enforce rules of general applicability, in- cluding rules concerning spectrum aggrega- tion that promote competition. (18) Estimate of upcoming auctions (A) Not later than September 30, 2018, and annually thereafter, the Commission shall make publicly available an estimate of what systems of competitive bidding authorized under this subsection may be initiated dur- ing the upcoming 12-month period. (B) The estimate under subparagraph (A) shall, to the extent possible, identify the bands of frequencies the Commission expects to be included in each such system of com- petitive bidding. (k) Broadcast station renewal procedures (1) Standards for renewal If the licensee of a broadcast station submits an application to the Commission for renewal of such license, the Commission shall grant the application if it finds, with respect to that station, during the preceding term of its li- cense— (A) the station has served the public inter- est, convenience, and necessity; (B) there have been no serious violations by the licensee of this chapter or the rules and regulations of the Commission; and (C) there have been no other violations by the licensee of this chapter or the rules and regulations of the Commission which, taken together, would constitute a pattern of abuse. (2) Consequence of failure to meet standard If any licensee of a broadcast station fails to meet the requirements of this subsection, the Commission may deny the application for re- newal in accordance with paragraph (3), or grant such application on terms and condi- tions as are appropriate, including renewal for a term less than the maximum otherwise per- mitted. (3) Standards for denial If the Commission determines, after notice and opportunity for a hearing as provided in subsection (e), that a licensee has failed to meet the requirements specified in paragraph (1) and that no mitigating factors justify the imposition of lesser sanctions, the Commis- sion shall— (A) issue an order denying the renewal ap- plication filed by such licensee under section 308 of this title; and (B) only thereafter accept and consider such applications for a construction permit as may be filed under section 308 of this title specifying the channel or broadcasting fa- cilities of the former licensee. (4) Competitor consideration prohibited In making the determinations specified in paragraph (1) or (2), the Commission shall not consider whether the public interest, conven- ience, and necessity might be served by the grant of a license to a person other than the renewal applicant. (l) Applicability of competitive bidding to pend- ing comparative licensing cases With respect to competing applications for ini- tial licenses or construction permits for com- mercial radio or television stations that were filed with the Commission before July 1, 1997, the Commission shall— (1) have the authority to conduct a competi- tive bidding proceeding pursuant to subsection (j) to assign such license or permit; (2) treat the persons filing such applications as the only persons eligible to be qualified bid- ders for purposes of such proceeding; and (3) waive any provisions of its regulations necessary to permit such persons to enter an Page 155 TITLE 47—TELECOMMUNICATIONS § 309 agreement to procure the removal of a conflict between their applications during the 180-day period beginning on August 5, 1997. (June 19, 1934, ch. 652, title III, § 309, 48 Stat. 1085; July 16, 1952, ch. 879, § 7, 66 Stat. 715; Mar. 26, 1954, ch. 110, 68 Stat. 35; Jan. 20, 1956, ch. 1, 70 Stat. 3; Pub. L. 86–752, § 4(a), Sept. 13, 1960, 74 Stat. 889; Pub. L. 88–306, May 14, 1964, 78 Stat. 193; Pub. L. 88–307, May 14, 1964, 78 Stat. 194; Pub. L. 97–35, title XII, § 1242(a), Aug. 13, 1981, 95 Stat. 736; Pub. L. 97–259, title I, §§ 114, 115, Sept. 13, 1982, 96 Stat. 1094; Pub. L. 98–549, § 6(b)(1), Oct. 30, 1984, 98 Stat. 2804; Pub. L. 103–66, title VI, § 6002(a), (b)(1), Aug. 10, 1993, 107 Stat. 387, 392; Pub. L. 103–414, title III, §§ 303(a)(16), (17), 304(a)(9), Oct. 25, 1994, 108 Stat. 4295, 4297; Pub. L. 103–465, title VIII, § 801, Dec. 8, 1994, 108 Stat. 5050; Pub. L. 104–104, title II, § 204(a), title IV, § 403(j), title VII, §§ 707(a), 710(c), Feb. 8, 1996, 110 Stat. 112, 131, 154, 161; Pub. L. 105–33, title III, §§ 3002(a)(1)–(3), 3003, Aug. 5, 1997, 111 Stat. 258, 260, 265; Pub. L. 107–195, § 3(a), (b)(1), June 19, 2002, 116 Stat. 716, 717; Pub. L. 108–494, title II, § 203, Dec. 23, 2004, 118 Stat. 3993; Pub. L. 109–171, title III, §§ 3002(a), 3003, 3004, Feb. 8, 2006, 120 Stat. 21, 22; Pub. L. 111–4, §§ 2(b)(2), 5, Feb. 11, 2009, 123 Stat. 112, 114; Pub. L. 112–96, title VI, §§ 6401(c), 6402, 6404, 6405, 6601, 6701(b), Feb. 22, 2012, 126 Stat. 223, 224, 230, 245, 252; Pub. L. 114–74, title X, § 1007, Nov. 2, 2015, 129 Stat. 624; Pub. L. 115–141, div. P, title I, § 101(b), title IV, § 402(h)(2), (i)(4), title V, § 512(a), Mar. 23, 2018, 132 Stat. 1081, 1089, 1097; Pub. L. 117–58, div. I, § 90008(c)(1), Nov. 15, 2021, 135 Stat. 1350; Pub. L. 117–180, div. C, title I, § 101, Sept. 30, 2022, 136 Stat. 2133; Pub. L. 117–229, div. B, title I, § 101, Dec. 16, 2022, 136 Stat. 2309; Pub. L. 117–328, div. O, title IX, § 901, Dec. 29, 2022, 136 Stat. 5232.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (h), (j)(4)(C), (6), and (k)(1), was in the original ‘‘this Act’’, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Com- munications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables. The National Telecommunications and Information Administration Organization Act, referred to in subsec. (j)(9)(B), is title I of Pub. L. 102–538, Oct. 27, 1992, 106 Stat. 3533. Part B of the Act is classified generally to subchapter II (§ 921 et seq.) of chapter 8 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 901 of this title and Tables. Section 1004(a) of the Spectrum Pipeline Act of 2015, referred to in subsec. (j)(11), is section 1004(a) of Pub. L. 114–74, which is set out as a note under section 921 of this title. Section 90008(b)(2)(A)(ii) of the Infrastructure Invest- ment and Jobs Act, referred to in subsec. (j)(11), is sec- tion 90008(b)(2)(A)(ii) of Pub. L. 117–58, which is set out in a note under section 921 of this title. AMENDMENTS 2022—Subsec. (j)(11). Pub. L. 117–328 substituted ‘‘March 9, 2023’’ for ‘‘December 23, 2022’’. Pub. L. 117–229 substituted ‘‘December 23, 2022’’ for ‘‘December 16, 2022’’. Pub. L. 117–180 substituted ‘‘December 16, 2022’’ for ‘‘September 30, 2022’’. 2021—Subsec. (j)(11). Pub. L. 117–58 inserted before pe- riod at end ‘‘, and with respect to the electromagnetic spectrum identified under section 90008(b)(2)(A)(ii) of the Infrastructure Investment and Jobs Act, such au- thority shall expire on the date that is 7 years after No- vember 15, 2021’’. 2018—Subsec. (j)(8)(B). Pub. L. 115–141, § 402(h)(2), struck out at end: ‘‘No sums may be retained under this subparagraph during any fiscal year beginning after September 30, 1998, if the annual report of the Commis- sion under section 154(k) of this title for the second pre- ceding fiscal year fails to include in the itemized state- ment required by paragraph (3) of such section a state- ment of each expenditure made for purposes of con- ducting competitive bidding under this subsection dur- ing such second preceding fiscal year.’’ Subsec. (j)(8)(C). Pub. L. 115–141, § 101(b)(1), sub- stituted ‘‘the Treasury.’’ for ‘‘an interest bearing ac- count at a financial institution designated for purposes of this subsection by the Commission (after consulta- tion with the Secretary of the Treasury).’’ in introduc- tory provisions. Subsec. (j)(8)(C)(i). Pub. L. 115–141, § 101(b)(2)(A), sub- stituted ‘‘deposited in the general fund of the Treasury (where such deposits shall be used for the sole purpose of deficit reduction)’’ for ‘‘paid to the Treasury’’. Subsec. (j)(8)(C)(ii). Pub. L. 115–141, § 101(b)(3), sub- stituted ‘‘, and payments representing the return of such deposits shall not be subject to administrative off- set under section 3716(c) of title 31.’’ for ‘‘; and’’ Subsec. (j)(8)(C)(iii). Pub. L. 115–141, § 101(b)(2)(B), (4), struck out cl. (iii) which read as follows: ‘‘the interest accrued to the account shall be deposited in the general fund of the Treasury, where such amount shall be dedi- cated for the sole purpose of deficit reduction.’’ Subsec. (j)(12). Pub. L. 115–141, § 402(i)(4)(A), struck out par. (12) which required the Commission to submit to Congress a report evaluating the use of competitive bidding systems. Subsec. (j)(15)(C)(iv). Pub. L. 115–141, § 402(i)(4)(B), struck out cl. (iv) which required the Commission to submit to Congress a report related to the rescheduling of auctions 31 and 44 and progress made by the Commis- sion in the digital television transition. Subsec. (j)(18). Pub. L. 115–141, § 512(a), added par. (18). 2015—Subsec. (j)(11). Pub. L. 114–74 inserted before pe- riod at end ‘‘, except that, with respect to the electro- magnetic spectrum identified under section 1004(a) of the Spectrum Pipeline Act of 2015, such authority shall expire on September 30, 2025’’. 2012—Subsec. (j)(3)(F). Pub. L. 112–96, § 6701(b), sub- stituted ‘‘relocation or sharing costs’’ for ‘‘relocation costs’’. Subsec. (j)(8)(A). Pub. L. 112–96, § 6401(c)(1), sub- stituted ‘‘(D), (E), (F), and (G),’’ for ‘‘(D), and (E),’’. Subsec. (j)(8)(C)(i). Pub. L. 112–96, § 6401(c)(2), sub- stituted ‘‘subparagraphs (D)(ii), (E)(ii), (F), and (G)’’ for ‘‘subparagraph (E)(ii)’’. Subsec. (j)(8)(C)(iii). Pub. L. 112–96, § 6601, amended cl. (iii) generally. Prior to amendment, subcl. (iii) read as follows: ‘‘the interest accrued to the account shall be transferred to the Telecommunications Development Fund established pursuant to section 614 of this title.’’ Subsec. (j)(8)(D). Pub. L. 112–96, § 6401(c)(3), sub- stituted ‘‘Proceeds from reallocated Federal spectrum’’ for ‘‘Disposition of cash proceeds’’ in subpar. heading, designated existing provisions as cl. (i), inserted cl. heading, substituted ‘‘Except as provided in clause (ii), cash’’ for ‘‘Cash’’, and added cl. (ii). Subsec. (j)(8)(F). Pub. L. 112–96, § 6401(c)(4), added sub- par. (F). Subsec. (j)(8)(G). Pub. L. 112–96, § 6402, added subpar. (G). Subsec. (j)(11). Pub. L. 112–96, § 6405, substituted ‘‘2022’’ for ‘‘2012’’. Subsec. (j)(16)(A), (B). Pub. L. 112–96, § 6701(b), sub- stituted ‘‘relocation or sharing costs’’ for ‘‘relocation costs’’. Subsec. (j)(17). Pub. L. 112–96, § 6404, added par. (17). 2009—Subsec. (j)(11). Pub. L. 111–4, § 5, substituted ‘‘2012’’ for ‘‘2011’’. Subsec. (j)(14)(A). Pub. L. 111–4, § 2(b)(2), substituted ‘‘June 12, 2009’’ for ‘‘February 17, 2009’’. Page 156 TITLE 47—TELECOMMUNICATIONS § 309 2006—Subsec. (j)(8)(A). Pub. L. 109–171, § 3004(1), sub- stituted ‘‘subparagraphs (B), (D), and (E)’’ for ‘‘subpara- graph (B) or subparagraph (D)’’. Subsec. (j)(8)(C)(i). Pub. L. 109–171, § 3004(2), inserted ‘‘, except as otherwise provided in subparagraph (E)(ii)’’ before semicolon at end. Subsec. (j)(8)(E). Pub. L. 109–171, § 3004(3), added sub- par. (E). Subsec. (j)(11). Pub. L. 109–171, § 3003(b), substituted ‘‘2011’’ for ‘‘2007’’. Subsec. (j)(14)(A). Pub. L. 109–171, § 3002(a)(1), inserted ‘‘full-power’’ before ‘‘television broadcast license’’ and substituted ‘‘February 17, 2009’’ for ‘‘December 31, 2006’’. Subsec. (j)(14)(B). Pub. L. 109–171, § 3002(a)(2), (5), re- designated subpar. (C) as (B) and struck out former sub- par. (B) which related to requirement of Commission to extend renewal period upon certain findings. Subsec. (j)(14)(C). Pub. L. 109–171, § 3002(a)(5), redesig- nated subpar. (D) as (C). Former subpar. (C) redesig- nated (B). Subsec. (j)(14)(C)(i)(I). Pub. L. 109–171, § 3002(a)(3), struck out ‘‘or (B)’’ after ‘‘pursuant to subparagraph (A)’’. Subsec. (j)(14)(D). Pub. L. 109–171, § 3002(a)(5), redesig- nated subpar. (D) as (C). Pub. L. 109–171, § 3002(a)(4), substituted ‘‘subparagraph (B)(i)’’ for ‘‘subparagraph (C)(i)’’ in introductory provi- sions. Subsec. (j)(15). Pub. L. 109–171, § 3003(a)(2), added cls. (v) and (vi) to subpar. (C). Pub. L. 109–171, § 3003(a)(1), redesignated par. (15) re- lating to special auction provisions for eligible fre- quencies as (16). Subsec. (j)(16). Pub. L. 109–171, § 3003(a)(1), redesig- nated par. (15) relating to special auction provisions for eligible frequencies as (16). 2004—Subsec. (j)(3)(F). Pub. L. 108–494, § 203(a), added subpar. (F). Subsec. (j)(8)(A). Pub. L. 108–494, § 203(c)(1), inserted ‘‘or subparagraph (D)’’ after ‘‘subparagraph (B)’’. Subsec. (j)(8)(D). Pub. L. 108–494, § 203(c)(2), added sub- par. (D). Subsec. (j)(15). Pub. L. 108–494, § 203(b), added par. (15) relating to special auction provisions for eligible fre- quencies. 2002—Subsec. (j)(14)(C)(ii). Pub. L. 107–195, § 3(b)(1), struck out at end ‘‘The Commission shall complete the assignment of such licenses, and report to the Congress the total revenues from such competitive bidding, by September 30, 2002.’’ Subsec. (j)(15). Pub. L. 107–195, § 3(a), added par. (15). 1997—Subsec. (i)(1). Pub. L. 105–33, § 3002(a)(2)(A), added par. (1) and struck out heading and text of former par. (1). Text read as follows: ‘‘If— ‘‘(A) there is more than one application for any ini- tial license or construction permit which will involve a use of the electromagnetic spectrum; and ‘‘(B) the Commission has determined that the use is not described in subsection (j)(2)(A) of this section; then the Commission shall have the authority to grant such license or permit to a qualified applicant through the use of a system of random selection.’’ Subsec. (i)(5). Pub. L. 105–33, § 3002(a)(2)(B), added par. (5). Subsec. (j)(1), (2). Pub. L. 105–33, § 3002(a)(1)(A), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: ‘‘(1) GENERAL AUTHORITY.—If mutually exclusive ap- plications are accepted for filing for any initial license or construction permit which will involve a use of the electromagnetic spectrum described in paragraph (2), then the Commission shall have the authority, subject to paragraph (10), to grant such license or permit to a qualified applicant through the use of a system of com- petitive bidding that meets the requirements of this subsection. ‘‘(2) USES TO WHICH BIDDING MAY APPLY.—A use of the electromagnetic spectrum is described in this para- graph if the Commission determines that— ‘‘(A) the principal use of such spectrum will in- volve, or is reasonably likely to involve, the licensee receiving compensation from subscribers in return for which the licensee— ‘‘(i) enables those subscribers to receive commu- nications signals that are transmitted utilizing fre- quencies on which the licensee is licensed to oper- ate; or ‘‘(ii) enables those subscribers to transmit di- rectly communications signals utilizing frequencies on which the licensee is licensed to operate; and ‘‘(B) a system of competitive bidding will promote the objectives described in paragraph (3).’’ Subsec. (j)(3). Pub. L. 105–33, § 3002(a)(1)(B)(i), inserted after second sentence of introductory provisions ‘‘The Commission shall, directly or by contract, provide for the design and conduct (for purposes of testing) of com- petitive bidding using a contingent combinatorial bid- ding system that permits prospective bidders to bid on combinations or groups of licenses in a single bid and to enter multiple alternative bids within a single bid- ding round.’’ Subsec. (j)(3)(E). Pub. L. 105–33, § 3002(a)(1)(B)(ii)–(iv), added subpar. (E). Subsec. (j)(4)(F). Pub. L. 105–33, § 3002(a)(1)(C), added subpar. (F). Subsec. (j)(8)(B). Pub. L. 105–33, § 3002(a)(1)(D), struck out ‘‘Any funds appropriated to the Commission for fis- cal years 1994 through 1998 for the purpose of assigning licenses using random selection under subsection (i) of this section shall be used by the Commission to imple- ment this subsection.’’ after ‘‘quarterly basis.’’ and in- serted at end ‘‘No sums may be retained under this sub- paragraph during any fiscal year beginning after Sep- tember 30, 1998, if the annual report of the Commission under section 154(k) of this title for the second pre- ceding fiscal year fails to include in the itemized state- ment required by paragraph (3) of such section a state- ment of each expenditure made for purposes of con- ducting competitive bidding under this subsection dur- ing such second preceding fiscal year.’’ Subsec. (j)(11). Pub. L. 105–33, § 3002(a)(1)(E), sub- stituted ‘‘2007’’ for ‘‘1998’’. Subsec. (j)(13)(F). Pub. L. 105–33, § 3002(a)(1)(F), sub- stituted ‘‘August 5, 1997’’ for ‘‘September 30, 1998’’. Subsec. (j)(14). Pub. L. 105–33, § 3003, added par. (14). Subsec. (l). Pub. L. 105–33, § 3002(a)(3), added subsec. (l). 1996—Subsec. (b)(2)(A) to (G). Pub. L. 104–104, § 403(j), redesignated subpars. (B) to (G) as (A) to (F), respec- tively, and struck out former subpar. (A) which read as follows: ‘‘fixed point-to-point microwave stations (ex- clusive of control and relay stations used as integral parts of mobile radio systems),’’. Subsec. (d). Pub. L. 104–104, § 204(a)(2), inserted ‘‘(or subsection (k) in the case of renewal of any broadcast station license)’’ after ‘‘with subsection (a)’’ wherever appearing. Subsec. (j)(8)(B). Pub. L. 104–104, § 710(c), inserted at end ‘‘Such offsetting collections are authorized to re- main available until expended.’’ Subsec. (j)(8)(C). Pub. L. 104–104, § 707(a), added sub- par. (C). Subsec. (k). Pub. L. 104–104, § 204(a)(1), added subsec. (k). 1994—Subsec. (c)(2)(F). Pub. L. 103–414, § 303(a)(16), substituted ‘‘section 325(c)’’ for ‘‘section 325(b)’’. Subsec. (i)(4)(A). Pub. L. 103–414, § 304(a)(9), which di- rected substitution of ‘‘The Commission shall’’ for ‘‘The commission, not later than 180 days after the date of the enactment of the Communications Technical Amendments Act of 1982, shall’’, was executed by mak- ing the substitution for ‘‘The Commission, not later than 180 days after the date of the enactment of the Communications Amendments Act of 1982, shall’’, which for purposes of codification had been translated as ‘‘The Commission, not later than 180 days after Sep- tember 13, 1982, shall’’, to reflect the probable intent of Congress and the amendment by Pub. L. 103–414, § 303(a)(17). See below. Page 157 TITLE 47—TELECOMMUNICATIONS § 309 Pub. L. 103–414, § 303(a)(17), substituted ‘‘date of the enactment of the Communications Amendments Act of 1982’’ for ‘‘date of the enactment of the Communica- tions Technical Amendments Act of 1982’’, which for purposes of codification had been translated as ‘‘Sep- tember 13, 1982’’, thus resulting in no change in text. Subsec. (j)(13). Pub. L. 103–465 added par. (13). 1993—Subsec. (i). Pub. L. 103–66, § 6002(b)(1), inserted subsec. heading, added par. (1), struck out former par. (1), and in par. (4), added subpar. (C). Prior to amend- ment, par. (1) read as follows: ‘‘If there is more than one application for any initial license or construction permit which will involve any use of the electro- magnetic spectrum, then the Commission, after deter- mining that each such application is acceptable for fil- ing, shall have authority to grant such license or per- mit to a qualified applicant through the use of a sys- tem of random selection.’’ Subsec. (j). Pub. L. 103–66, § 6002(a), added subsec. (j). 1984—Subsec. (h). Pub. L. 98–549 substituted ‘‘section 706’’ for ‘‘section 606’’ in the original to accommodate renumbering of sections in subchapter VI (section 601 et seq.) of this chapter by section 6(a) of Pub. L. 98–549. Because both sections translate as ‘‘section 606 of this title’’, the amendment by section 6(b)(1) of Pub. L. 98–549 resulted in no change in text. 1982—Subsec. (f). Pub. L. 97–259, § 114, substituted ‘‘temporary’’ for ‘‘emergency’’ wherever appearing, ‘‘additional periods’’ for ‘‘one additional period’’, and ‘‘180 days’’ for ‘‘ninety days’’ wherever appearing. Subsec. (i)(1). Pub. L. 97–259, § 115(a), substituted ‘‘ap- plication’’ for ‘‘applicant’’ after ‘‘more than one’’, and ‘‘that each such application is acceptable for filing’’ for ‘‘the qualifications of each such applicant under sec- tion 308(b) of this title’’. Subsec. (i)(2). Pub. L. 97–259, § 115(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘The determination of the Commission under para- graph (1) with respect to the qualifications of appli- cants for an initial license or construction permit shall be made after notice and opportunity for a hearing, ex- cept that the provisions of section 409(c)(2) of this title shall not apply in the case of any such determination.’’ Subsec. (i)(3)(A). Pub. L. 97–259, § 115(c)(1), substituted ‘‘used for granting licenses or construction permits for any media of mass communications, significant pref- erences will be granted to applicants or groups of appli- cants, the grant to which of the license or permit would increase the diversification of ownership of the media of mass communications. To further diversify the own- ership of the media of mass communications, an addi- tional significant preference shall be granted to any ap- plicant controlled by a member or members of a minor- ity group’’ for ‘‘, groups or organizations, or members of groups or organizations, which are underrepresented in the ownership of telecommunications facilities or properties will be granted significant preferences’’. Subsec. (i)(3)(C). Pub. L. 97–259, § 115(c)(2), added sub- par. (C). Subsec. (i)(4)(A). Pub. L. 97–259, § 115(d), substituted ‘‘September 13, 1982,’’ for ‘‘August 13, 1981,’’. 1981—Subsec. (i). Pub. L. 97–35 added subsec. (i). 1964—Subsec. (c)(2)(G). Pub. L. 88–307 inserted ‘‘not to exceed sixty days’’. Subsec. (e). Pub. L. 88–306 substituted ‘‘not more than thirty days after publication of the hearing issues or any substantial amendment thereto in the Federal Reg- ister’’ for ‘‘at any time not less than ten days prior to the date of hearing’’. 1960—Pub. L. 86–752 amended section generally to re- vise pre-grant procedure, and, among other changes, a public notice was substituted for a mandatory notice to applicants and interested parties before hearings upon applications; the Commission was required to hold ap- plications for 30 days before acting upon them without hearings; interested parties were permitted to file peti- tions to deny applications before the Commission acted upon them without hearings, in lieu of 30 days after ap- plications were granted; interested parties were re- quired to support their petitions with ‘‘specific’’ allega- tions of fact; the Commission was permitted to dis- pense with formal hearings when there are ‘‘no sub- stantial or material questions of fact,’’ subject to a re- quirement that it issue a ‘‘concise statement of the reasons’’ for its action. 1956—Subsec. (c). Act Jan. 20, 1956, struck out hear- ings with respect to facts which, even if true, would not be grounds for setting aside the Commission’s grant; gave the Commission discretion to keep in effect the protested authorization but required the Commission to affirmatively find and set forth that the public in- terest requires grant to remain in effect; and author- ized Commission to redraft issues urged by protestant in accordance with the facts alleged in the protest. 1954—Subsec. (c). Act Mar. 26, 1954, substituted ‘‘thir- ty days’’ for ‘‘fifteen days’’ in fourth sentence. 1952—Act July 16, 1952, amended section generally to set forth procedure to be followed in cases of denial of applications. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by section 101(b) of Pub. L. 115–141 effec- tive Oct. 1, 2018, see section 103 of div. P of Pub. L. 115–141, set out as a note under section 156 of this title. EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–33, title III, § 3002(a)(5), Aug. 5, 1997, 111 Stat. 260, provided that: ‘‘Except as otherwise provided therein, the amendments made by this subsection [amending this section] are effective on July 1, 1997.’’ EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 204(a) of Pub. L. 104–104 appli- cable to applications filed after May 1, 1995, see section 204(c) of Pub. L. 104–104, set out as a note under section 308 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–549 effective 60 days after Oct. 30, 1984, except where otherwise expressly pro- vided, see section 9(a) of Pub. L. 98–549, set out as a note under section 521 of this title. EFFECTIVE DATE OF 1960 AMENDMENT Pub. L. 86–752, § 4(d)(1)–(3), Sept. 13, 1960, 74 Stat. 892, provided that: ‘‘(1) Subsections (a) and (b) of this section [amending this section and section 319 of this title] shall take ef- fect ninety days after the date of the enactment of this Act [Sept. 13, 1960]. ‘‘(2) Section 309 of the Communications Act of 1934 [this section] (as amended by subsection (a) of this sec- tion) shall apply to any application to which section 308 of such Act [section 308 of this title] applies (A) which is filed on or after the effective date of sub- section (a) of this section, (B) which is filed before such effective date, but is substantially amended on or after such effective date, or (C) which is filed before such ef- fective date and is not substantially amended on or after such effective date, but with respect to which the Commission by rule provides reasonable opportunity to file petitions to deny in accordance with section 309 of such Act (as amended by subsection (a) of this section) [this section]. ‘‘(3) Section 309 of the Communications Act of 1934 [this section], as in effect immediately before the effec- tive date of subsection (a) of this section, shall, on and after such effective date, apply only to applications to which section 308 of such Act [section 308 of this title] apply which are filed before such effective date and not substantially amended on or after such effective date and with respect to which the Commission does not permit petitions to deny to be filed as provided in clause (C) of paragraph (2) of this subsection.’’ AUCTION OF AWS–3 BANDS Pub. L. 118–159, div. E, title LIV, §§ 5402–5404, Dec. 23, 2024, 138 Stat. 2449, 2450, provided that: Page 158 TITLE 47—TELECOMMUNICATIONS § 309 ‘‘SEC. 5402. DEFINITIONS. ‘‘In this title [amending section 1603 of this title and enacting provisions set out as a note under section 609 of this title]: ‘‘(1) COMMISSION.—The term ‘Commission’ means the Federal Communications Commission. ‘‘(2) COVERED AUCTION.—The term ‘covered auction’ means a system of competitive bidding conducted under section 5403 [of Pub. L. 118–159, set out below]. ‘‘SEC. 5403. FCC AUCTION OF CERTAIN LICENSES. ‘‘(a) FCC AUCTION OF CERTAIN LICENSES.—Not later than 18 months after the date of enactment of this Act [Dec. 23, 2024], the Commission shall initiate systems of competitive bidding under section 309(j) of the Commu- nications Act of 1934 (47 U.S.C. 309(j)) to grant licenses for spectrum in the inventory of the Commission as of the date of enactment of this Act in the bands of fre- quencies referred to by the Commission as the ‘AWS–3 bands’, consistent with existing regulations to protect Federal Government operations. ‘‘(b) COMPLETION OF AUCTIONS.—The Commission shall complete the systems of competitive bidding described in subsection (a), including receiving payments, proc- essing applications, and granting licenses, without re- gard to whether the authority of the Commission under paragraph (11) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) has expired. ‘‘SEC. 5404. SPECTRUM AUCTION TRUST FUND. ‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—There is established in the Treas- ury of the United States a fund to be known as the ‘Spectrum Auction Trust Fund’ (referred to in this section as the ‘Fund’) for the purposes described in subsection (b). ‘‘(2) AMOUNTS AVAILABLE UNTIL EXPENDED.— Amounts deposited in the Fund shall remain avail- able until expended. ‘‘(b) DEPOSIT OF PROCEEDS.— ‘‘(1) IN GENERAL.—Notwithstanding any other provi- sion of law, except section 309(j)(8)(B) of the Commu- nications Act of 1934 (47 U.S.C. 309(j)(8)(B)), the pro- ceeds (including deposits and upfront payments from successful bidders) from any covered auction shall be deposited or available in accordance with this sub- section. ‘‘(2) TREASURY REIMBURSEMENT.—Notwithstanding any other provision of law, an aggregate total amount of $3,300,000,000 of the proceeds of covered auctions shall be deposited in the Fund as follows: ‘‘(A) 50 percent of those amounts, but not more than $3,080,000,000 cumulatively, shall be trans- ferred to the general fund of the Treasury to reim- burse the amount borrowed under subsection (c)(1). ‘‘(B) 50 percent of those amounts, but not more than $220,000,000 cumulatively, shall be transferred to the general fund of the Treasury to reimburse the amount borrowed under subsection (d)(1). ‘‘(3) DISTRIBUTION.—If the maximum amount per- mitted under any subparagraph of paragraph (2) is reached, whether through covered auction proceeds or appropriations to the program specified in that subparagraph, any remaining proceeds from the amount of proceeds of covered auctions described in that paragraph shall be deposited pro rata based on the original distribution to all subparagraphs of para- graph (2) for which the maximum amount permitted has not been met. ‘‘(4) EXTRA AMOUNTS.— ‘‘(A) IN GENERAL.—After the amounts required to be made available by paragraphs (2) and (3) are so made available, any remaining amounts up to $280,000,000 shall be made available to the Secretary of Commerce to carry out section 28 of the Steven- son-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722a). ‘‘(B) LIMITATION.—The Secretary of Commerce may not use any funds made available under sub- paragraph (A) in a manner that may result in out- lays on or after December 31, 2033. ‘‘(C) DEFICIT REDUCTION.—After the amounts re- quired to be made available by subparagraph (A) are so made available, any remaining amounts shall be deposited in the general fund of the Treasury, where such amounts shall be dedicated for the sole purpose of deficit reduction. ‘‘(c) FCC BORROWING AUTHORITY.— ‘‘(1) IN GENERAL.—Subject to the limitation under paragraph (2), not later than 90 days after the date of enactment of this Act [Dec. 23, 2024], the Commission may borrow from the Treasury of the United States an amount not to exceed $3,080,000,000 to carry out the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601 et seq.). ‘‘(2) LIMITATION.—The Commission may not use any funds borrowed under this subsection in a manner that may result in outlays on or after December 31, 2033. ‘‘(d) DEPARTMENT OF COMMERCE BORROWING AUTHOR- ITY.— ‘‘(1) IN GENERAL.—Subject to the limitation under paragraph (2), not later than 90 days after the date of enactment of this Act, the Secretary of Commerce may borrow from the Treasury of the United States an amount not to exceed $220,000,000 to carry out sec- tion 28 of the Stevenson-Wydler Technology Innova- tion Act of 1980 (15 U.S.C. 3722a). ‘‘(2) LIMITATION.—The Secretary of Commerce may not use any funds borrowed under this subsection in a manner that may result in outlays on or after De- cember 31, 2033. ‘‘(e) REPORTING REQUIREMENT.—Not later than 2 years after the date of enactment of this Act, and annually thereafter until funds are fully expended, the head of an agency that receives funds under subsection (b)(4)(A), (c)(1), or (d)(1) shall submit to the Committee on Commerce, Science, and Transportation of the Sen- ate and the Committee on Energy and Commerce of the House of Representatives a report on the uses of the amounts received by that agency head under the appli- cable subsection.’’ 5G SPECTRUM AUTHORITY LICENSING ENFORCEMENT Pub. L. 118–27, Dec. 19, 2023, 137 Stat. 132, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘5G Spectrum Author- ity Licensing Enforcement Act’ or the ‘5G SALE Act’. ‘‘SEC. 2. FCC PROCESSING OF APPLICATIONS FOR SPECTRUM LICENSES AWARDED BY AUCTION. ‘‘In the case of any applicant for a license or permit for the use of spectrum in the band of frequencies be- tween 2496 megahertz and 2690 megahertz, inclusive, that the Federal Communications Commission selected through a system of competitive bidding conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) on or before March 9, 2023, and to whom the Commission has not granted the license or permit as of the date of enactment of this Act [Dec. 19, 2023], the Commission may process the application of the applicant during the 90-day period beginning on the date of enactment of this Act.’’ DIGITAL TELEVISION TRANSITION AND PUBLIC SAFETY Pub. L. 111–4, § 4, Feb. 11, 2009, 123 Stat. 113, provided that: ‘‘(a) PERMISSIVE EARLY TERMINATION UNDER EXISTING REQUIREMENTS.—Nothing in this Act [amending this section and section 337 of this title, enacting provisions set out as notes under this section and section 609 of this title, and amending provisions set out as notes under this section] is intended to prevent a licensee of a television broadcast station from terminating the broadcasting of such station’s analog television signal (and continuing to broadcast exclusively in the digital television service) prior to the date established by law under section 3002(b) of the Digital Television Transi- tion and Public Safety Act of 2005 [section 3002(b) of Page 159 TITLE 47—TELECOMMUNICATIONS § 309 Pub. L. 109–171, set out below] for termination of all li- censes for full-power television stations in the analog television service (as amended by section 2 of this Act) so long as such prior termination is conducted in ac- cordance with the Federal Communications Commis- sion’s requirements in effect on the date of enactment of this Act [Feb. 11, 2009], including the flexible proce- dures established in the Matter of Third Periodic Re- view of the Commission’s Rules and Policies Affecting the Conversion to Digital Television (FCC 07–228, MB Docket No. 07–91, released December 31, 2007). ‘‘(b) PUBLIC SAFETY RADIO SERVICES.—Nothing in this Act, or the amendments made by this Act, shall pre- vent a public safety service licensee from commencing operations consistent with the terms of its license on spectrum recovered as a result of the voluntary ces- sation of broadcasting in the analog or digital tele- vision service pursuant to subsection (a). Any such pub- lic safety use shall be subject to the relevant Federal Communications Commission rules and regulations in effect on the date of enactment of this Act [Feb. 11, 2009], including section 90.545 of the Commission’s rules (47 C.F.R. § 90.545). ‘‘(c) EXPEDITED RULEMAKING.—Notwithstanding any other provision of law, the Federal Communications Commission and the National Telecommunications and Information Administration shall, not later than 30 days after the date of enactment of this Act [Feb. 11, 2009], each adopt or revise its rules, regulations, or or- ders or take such other actions as may be necessary or appropriate to implement the provisions, and carry out the purposes, of this Act and the amendments made by this Act.’’ Pub. L. 110–459, Dec. 23, 2008, 122 Stat. 5121, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Short-term Analog Flash and Emergency Readiness Act’. ‘‘SEC. 2. COMMISSION ACTION REQUIRED. ‘‘(a) PROGRAM REQUIRED.—Notwithstanding any other provision of law, the Federal Communications Commis- sion shall, not later than January 15, 2009, develop and implement a program to encourage and permit, to the extent technically feasible and subject to such limita- tions as the Commission finds to be consistent with the public interest and the requirements of this Act, the broadcasting in the analog television service of only the public safety information and digital transition in- formation specified in subsection (b) during the 30-day period beginning on the day after the date established by law under section 3002(b) of the Digital Television Transition and Public Safety Act of 2005 [section 3002(b) of Pub. L. 109–171, set out below] for termination of all licenses for full-power television stations in the analog television service and the cessation of broadcasting by full-power stations in the analog television service. ‘‘(b) INFORMATION REQUIRED.—The program required by subsection (a) shall provide for the broadcast of— ‘‘(1) emergency information, including critical de- tails regarding the emergency, as broadcast or re- quired to be broadcast by full-power stations in the digital television service; ‘‘(2) information, in both English and Spanish, and accessible to persons with disabilities, concerning— ‘‘(A) the digital television transition, including the fact that a transition has taken place and that additional action is required to continue receiving television service, including emergency notifica- tions; and ‘‘(B) the steps required to enable viewers to re- ceive such emergency information via the digital television service and to convert to receiving dig- ital television service, including a phone number and Internet address by which help with such tran- sition may be obtained in both English and Span- ish; and ‘‘(3) such other information related to consumer education about the digital television transition or public health and safety or emergencies as the Com- mission may find to be consistent with the public in- terest. ‘‘SEC. 3. LIMITATIONS. ‘‘In designing the program required by this Act, the Commission shall— ‘‘(1) take into account market-by-market needs, based upon factors such as channel and transmitter availability; ‘‘(2) ensure that broadcasting of the program speci- fied in section 2(b) will not cause harmful inter- ference with signals in the digital television service; ‘‘(3) not require the analog television service sig- nals broadcast under this Act to be retransmitted or otherwise carried pursuant to section 325(b), 338, 339, 340, 614, or 615 of the Communications Act of 1934 (47 U.S.C. 325(b), 338, 339, 340, 614 [534], or 615 [535]); ‘‘(4) take into consideration broadcasters’ digital power levels and transition and coordination plans that already have been adopted with respect to cable systems and satellite carriers’ systems; ‘‘(5) prohibit any broadcast of analog television service signals under section 2(b) on any spectrum that is approved or pending approval by the Commis- sion to be used for public safety radio services, in- cluding television channels 14-20; and ‘‘(6) not include the analog spectrum between chan- nels 52 and 69, inclusive (between frequencies 698 and 806 megahertz, inclusive) reclaimed from analog tele- vision broadcasting pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)). ‘‘SEC. 4. DEFINITIONS. ‘‘As used in this Act, the term ‘emergency informa- tion’ has the meaning such term has under part 79 of the regulations of the Federal Communications Com- mission (47 C.F.R. part 79).’’ Pub. L. 109–171, title III, Feb. 8, 2006, 120 Stat. 21, as amended by Pub. L. 110–53, title XXII, § 2201(a), title XXIII, § 2302, Aug. 3, 2007, 121 Stat. 537, 543; Pub. L. 110–295, § 2, July 30, 2008, 122 Stat. 2972; Pub. L. 111–4, §§ 2(a), (b)(1), 3(a)–(c), Feb. 11, 2009, 123 Stat. 112, 113, provided that: ‘‘SEC. 3001. SHORT TITLE; DEFINITION. ‘‘(a) SHORT TITLE.—This title may be cited as the ‘Digital Television Transition and Public Safety Act of 2005’. ‘‘(b) DEFINITION.—As used in this Act [probably should be ‘‘this title’’], the term ‘Assistant Secretary’ means the Assistant Secretary for Communications and Information of the Department of Commerce. ‘‘SEC. 3002. ANALOG SPECTRUM RECOVERY: FIRM DEADLINE. ‘‘(a) AMENDMENTS.—[Amended this section.] ‘‘(b) TERMINATIONS OF ANALOG LICENSES AND BROAD- CASTING.—The Federal Communications Commission shall take such actions as are necessary— ‘‘(1) to terminate all licenses for full-power tele- vision stations in the analog television service, and to require the cessation of broadcasting by full-power stations in the analog television service, by June 13, 2009; and ‘‘(2) to require by that date that all broadcasting by Class A stations, whether in the analog television service or digital television service, and all broad- casting by full-power stations in the digital tele- vision service, occur only on channels between chan- nels 2 and 36, inclusive, or 38 and 51, inclusive (be- tween frequencies 54 and 698 megahertz, inclusive). ‘‘(c) CONFORMING AMENDMENTS.—[Amended section 337 of this title.] ‘‘SEC. 3003. AUCTION OF RECOVERED SPECTRUM. [Amended this section.] ‘‘SEC. 3004. RESERVATION OF AUCTION PROCEEDS. [Amended this section.] ‘‘SEC. 3005. DIGITAL-TO-ANALOG CONVERTER BOX PROGRAM. ‘‘(a) CREATION OF PROGRAM.—The Assistant Secretary shall— Page 160 TITLE 47—TELECOMMUNICATIONS § 309 ‘‘(1) implement and administer a program through which households in the United States may obtain coupons that can be applied toward the purchase of digital-to-analog converter boxes; and ‘‘(2) make payments of not to exceed $990,000,000, in the aggregate, through fiscal year 2009 to carry out that program from the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)). ‘‘(b) CREDIT.—The Assistant Secretary may borrow from the Treasury beginning on October 1, 2006, such sums as may be necessary, but not to exceed $1,500,000,000, to implement this section. The Assistant Secretary shall reimburse the Treasury, without inter- est, as funds are deposited into the Digital Television Transition and Public Safety Fund. ‘‘(c) PROGRAM SPECIFICATIONS.— ‘‘(1) LIMITATIONS.— ‘‘(A) TWO-PER-HOUSEHOLD MAXIMUM.—A household may obtain coupons by making a request as re- quired by the regulations under this section be- tween January 1, 2008, and July 31, 2009, inclusive. The Assistant Secretary shall ensure that each re- questing household redeems no more than two cou- pons. ‘‘(B) NO COMBINATIONS OF COUPONS.—Two coupons may not be used in combination toward the pur- chase of a single digital-to-analog converter box. ‘‘(C) DURATION.—All coupons shall expire 3 months after issuance. ‘‘(D) EXPIRED COUPONS.—The Assistant Secretary may issue to a household, upon request by the household, one replacement coupon for each coupon that was issued to such household and that expired without being redeemed. ‘‘(2) DISTRIBUTION OF COUPONS.—The Assistant Sec- retary shall expend not more than $100,000,000 on ad- ministrative expenses and shall ensure that the sum of— ‘‘(A) all administrative expenses for the program, including not more than $5,000,000 for consumer education concerning the digital television transi- tion and the availability of the digital-to-analog converter box program; and ‘‘(B) the total maximum value of all the coupons redeemed, and issued but not expired, does not ex- ceed $990,000,000. ‘‘(3) USE OF ADDITIONAL AMOUNT.—If the Assistant Secretary transmits to the Committee on Energy and Commerce of the House of Representatives and Com- mittee on Commerce, Science, and Transportation of the Senate a statement certifying that the sum per- mitted to be expended under paragraph (2) will be in- sufficient to fulfill the requests for coupons from eli- gible households— ‘‘(A) paragraph (2) shall be applied— ‘‘(i) by substituting ‘$160,000,000’ for ‘$100,000,000’; and ‘‘(ii) by substituting ‘$1,500,000,000’ for ‘$990,000,000’; ‘‘(B) subsection (a)(2) shall be applied by sub- stituting ‘$1,500,000,000’ for ‘$990,000,000’; and ‘‘(C) the additional amount permitted to be ex- pended shall be available 60 days after the Assistant Secretary sends such statement. ‘‘(4) COUPON VALUE.—The value of each coupon shall be $40. ‘‘(d) DEFINITION OF DIGITAL-TO-ANALOG CONVERTER BOX.—For purposes of this section, the term ‘digital-to- analog converter box’ means a stand-alone device that does not contain features or functions except those nec- essary to enable a consumer to convert any channel broadcast in the digital television service into a format that the consumer can display on television receivers designed to receive and display signals only in the ana- log television service, but may also include a remote control device. ‘‘SEC. 3006. PUBLIC SAFETY INTEROPERABLE COM- MUNICATIONS. ‘‘(a) CREATION OF PROGRAM.—The Assistant Sec- retary, in consultation with the Secretary of the De- partment of Homeland Security— ‘‘(1) may take such administrative action as is nec- essary to establish and implement— ‘‘(A) a grant program to assist public safety agen- cies in the planning and coordination associated with, the acquisition of, deployment of, or training for the use of interoperable communications equip- ment, software and systems that— ‘‘(i) utilize reallocated public safety spectrum for radio communication; ‘‘(ii) enable interoperability with communica- tions systems that can utilize reallocated public safety spectrum for radio communication; or ‘‘(iii) otherwise improve or advance the inter- operability of public safety communications sys- tems that utilize other public safety spectrum bands; and ‘‘(B) are used to establish and implement [sic] a strategic technology reserve to pre-position or se- cure interoperable communications in advance for immediate deployment in an emergency or major disaster; ‘‘(2) shall make payments of not to exceed $1,000,000,000, in the aggregate, through fiscal year 2010 from the Digital Television Transition and Pub- lic Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) to carry out the grant program estab- lished under paragraph (1), of which at least $75,000,000, in the aggregate, shall be used for pur- poses described in paragraph (1)(B); and ‘‘(3) shall permit any funds allocated for use under paragraph (1)(B) to be used for purposes identified under paragraph (1)(A), if the public safety agency demonstrates that it has already implemented such a strategic technology reserve or demonstrates higher priority public safety communications needs. ‘‘(b) ELIGIBILITY.—To be eligible for assistance under the grant program established under subparagraph (a)(1)(A), an applicant shall submit an application, at such time, in such form, and containing such informa- tion as the Assistant Secretary may require, including a detailed explanation of how assistance received under the program would be used to improve communications interoperability and ensure interoperability with other public safety agencies in an emergency or a major dis- aster. ‘‘(c) CRITERIA FOR STRATEGIC TECHNOLOGY RE- SERVES.— ‘‘(1) IN GENERAL.—In evaluating permitted uses under subparagraph (a)(1)(B), the Assistant Secretary shall consider the continuing technological evolution of communications technologies and devices, with its implicit risk of obsolescence, and shall ensure, to the maximum extent feasible, that a substantial part of the reserve involves prenegotiated contracts and other arrangements for rapid deployment of equip- ment, supplies, and systems (and communications service related to such equipment, supplies, and sys- tems), rather than the warehousing or storage of equipment and supplies currently available at the time the reserve is established. ‘‘(2) REQUIREMENTS AND CHARACTERISTICS.—Funds provided to meet uses described in paragraph (1) shall be used in support of reserves that— ‘‘(A) are capable of re-establishing communica- tions when existing critical infrastructure is dam- aged or destroyed in an emergency or a major dis- aster; ‘‘(B) include appropriate current, widely-used equipment, such as Land Mobile Radio Systems, cellular telephones and satellite-enabled equipment (and related communications service), Cells-On- Wheels, Cells-On-Light-Trucks, or other self-con- tained mobile cell sites that can be towed, backup batteries, generators, fuel, and computers; Page 161 TITLE 47—TELECOMMUNICATIONS § 309 ‘‘(C) include equipment on hand for the Governor of each State, key emergency response officials, and appropriate State or local personnel; ‘‘(D) include contracts (including prenegotiated contracts) for rapid delivery of the most current technology available from commercial sources; and ‘‘(E) include arrangements for training to ensure that personnel are familiar with the operation of the equipment and devices to be delivered pursuant to such contracts. ‘‘(3) ADDITIONAL CHARACTERISTICS.—Portions of the reserve may be virtual and may include items do- nated on an in-kind contribution basis. ‘‘(4) ALLOCATION OF FUNDS.—In evaluating per- mitted uses under subparagraph (a)(1)(B), the Assist- ant Secretary shall take into account barriers to im- mediate deployment, including time and distance, that may slow the rapid deployment of equipment, supplies, and systems (and communications service related to such equipment, supplies, and systems) in the event of an emergency in any State. ‘‘(d) VOLUNTARY CONSENSUS STANDARDS.—In carrying out this section, the Assistant Secretary, in coopera- tion with the Secretary of Homeland Security, shall identify and, if necessary, encourage the development and implementation of, voluntary consensus standards for interoperable communications systems to the greatest extent practicable, but shall not require any such standard. ‘‘(e) INSPECTOR GENERAL REPORT AND AUDITS.— ‘‘(1) REPORT.—Beginning with the first fiscal year beginning after the date of enactment of the Imple- menting Recommendations of the 9/11 Commission Act of 2007 [Aug. 3, 2007], the Inspector General of the Department of Commerce shall conduct an annual as- sessment of the management of the grant program implemented under subsection (a)(1) and transmit a report containing the findings of that assessment and any recommendations related thereto to the Senate Committee on Commerce, Science, and Transpor- tation and the House of Representatives Committee on Energy and Commerce. ‘‘(2) AUDITS.—Beginning with the first fiscal year beginning after the date of enactment of the Imple- menting Recommendations of the 9/11 Commission Act of 2007, the Inspector General of the Department of Commerce shall conduct financial audits of enti- ties receiving grants from the program implemented under subsection (a)(1), and shall ensure that, over the course of 4 years, such audits cover recipients in a representative sample of not fewer than 25 States or territories. The results of any such audits shall be made publicly available via web site, subject to re- daction as the Inspector General determines nec- essary to protect classified and other sensitive infor- mation. ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this section shall be construed or interpreted to preclude the use of funds under this section by any public safety agency for interim- or long-term Internet Protocol-based interoperable solutions. ‘‘(h)[(g)] CREDIT.—The Assistant Secretary may bor- row from the Treasury beginning on October 1, 2006, such sums as may be necessary, but not to exceed $1,000,000,000, to implement this section. The Assistant Secretary shall reimburse the Treasury, without inter- est, as funds are deposited into the Digital Television Transition and Public Safety Fund. ‘‘(i)[(h)] CONDITION OF GRANTS.—In order to obtain a grant under the grant program, a public safety agency shall agree to provide, from non-Federal sources, not less than 20 percent of the costs of acquiring and de- ploying the interoperable communications systems funded under the grant program. ‘‘(j)[(i)] DEFINITIONS.—For purposes of this section: ‘‘(1) PUBLIC SAFETY AGENCY.—The term ‘public safe- ty agency’ means any State, local, or tribal govern- ment entity, or nongovernmental organization au- thorized by such entity, whose sole or principal pur- pose is to protect the safety of life, health, or prop- erty. ‘‘(2) INTEROPERABLE COMMUNICATIONS SYSTEMS.—The term ‘interoperable communications systems’ means communications systems which enable public safety agencies to share information amongst local, State, Federal, and tribal public safety agencies in the same area via voice or data signals. ‘‘SEC. 3007. NYC 9/11 DIGITAL TRANSITION. ‘‘(a) FUNDS AVAILABLE.—From the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) the Assistant Secretary shall make payments of not to exceed $30,000,000, in the ag- gregate, which shall be available to carry out this sec- tion for fiscal years 2007 through 2008. The Assistant Secretary may borrow from the Treasury beginning Oc- tober 1, 2006, such sums as may be necessary not to ex- ceed $30,000,000 to implement and administer the pro- gram in accordance with this section. The Assistant Secretary shall reimburse the Treasury, without inter- est, as funds are deposited into the Digital Television Transition and Public Safety Fund. ‘‘(b) USE OF FUNDS.—The sums available under sub- section (a) shall be made available by the Assistant Secretary by grant to be used to reimburse the Metro- politan Television Alliance for costs incurred in the de- sign and deployment of a temporary digital television broadcast system to ensure that, until a permanent fa- cility atop the Freedom Tower is constructed, the members of the Metropolitan Television Alliance can provide the New York City area with an adequate dig- ital television signal as determined by the Federal Communications Commission. ‘‘(c) DEFINITIONS.—For purposes of this section: ‘‘(1) METROPOLITAN TELEVISION ALLIANCE.—The term ‘Metropolitan Television Alliance’ means the organi- zation formed by New York City television broadcast station licensees to locate new shared facilities as a result of the attacks on September 11, 2001 and the loss of use of shared facilities that housed broadcast equipment. ‘‘(2) NEW YORK CITY AREA.—The term ‘New York City area’ means the five counties comprising New York City and counties of northern New Jersey in im- mediate proximity to New York City (Bergen, Essex, Union, and Hudson Counties). ‘‘SEC. 3008. LOW-POWER TELEVISION AND TRANS- LATOR DIGITAL-TO-ANALOG CONVERSION. ‘‘(a) CREATION OF PROGRAM.— ‘‘(1) IN GENERAL.—The Assistant Secretary shall make payments of not to exceed $10,000,000, in the ag- gregate, during the fiscal year 2008 and 2009 period from the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) to implement and administer a program through which each eligible low-power television station may receive compensation toward the cost of the purchase of a digital-to-analog conversion device that enables it to convert the incoming digital signal of its cor- responding full-power television station to analog format for transmission on the low-power television station’s analog channel. An eligible low-power tele- vision station may receive such compensation only if it submits a request for such compensation on or be- fore June 12, 2009. Priority compensation shall be given to eligible low-power television stations in which the license is held by a non-profit corporation and eligible low-power television stations that serve rural areas of fewer than 10,000 viewers. ‘‘(2) USE OF FUNDS.—As soon as practicable after the date of enactment of the DTV Transition Assistance Act [July 30, 2008], the Assistant Secretary shall make a determination, which the Assistant Secretary may adjust from time to time, with respect to wheth- er the full amount provided under paragraph (1) will be needed for payments under that paragraph. If the Assistant Secretary determines that the full amount will not be needed for payments authorized by para- graph (1), the Assistant Secretary may use the re- Page 162 TITLE 47—TELECOMMUNICATIONS § 309 maining amount for consumer education and tech- nical assistance regarding the digital television tran- sition and the availability of the digital-to-analog converter box program (in addition to any amounts expended for such purpose under [section] 3005(c)(2)(A) of this title), including partnering with, providing grants to, and contracting with non-profit organizations or public interest groups in achieving these efforts. If the Assistant Secretary initiates such an education program, the Assistant Secretary shall develop a plan to address the educational and technical assistance needs of vulnerable populations, such as senior citizens, individuals residing in rural and remote areas, and minorities, including, where appropriate, education plans focusing on the need for analog pass-through digital converter boxes in areas served by low power or translator stations, and shall consider the speed with which these objectives can be accomplished to the greatest public benefit. ‘‘(b) CREDIT.—The Assistant Secretary may borrow from the Treasury beginning October 1, 2006, such sums as may be necessary, but not to exceed $10,000,000, to implement this section. The Assistant Secretary shall reimburse the Treasury, without interest, as funds are deposited into the Digital Television Transition and Public Safety Fund. ‘‘(c) ELIGIBLE STATIONS.—For purposes of this section, the term ‘eligible low-power television station’ means a low-power television broadcast station, Class A tele- vision station, television translator station, or tele- vision booster station— ‘‘(1) that is itself broadcasting exclusively in analog format; and ‘‘(2) that has not purchased a digital-to-analog con- version device prior to the date of enactment of the Digital Television Transition and Public Safety Act of 2005 [Feb. 8, 2006]. ‘‘SEC. 3009. LOW-POWER TELEVISION AND TRANS- LATOR UPGRADE PROGRAM. ‘‘(a) ESTABLISHMENT.—The Assistant Secretary shall make payments of not to exceed $65,000,000, in the ag- gregate, during fiscal years 2009 through 2012 from the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Commu- nications Act of 1934 (47 U.S.C. 309(j)(8)(E)) to imple- ment and administer a program through which each li- censee of an eligible low-power television station may receive reimbursement for equipment to upgrade low- power television stations from analog to digital in eli- gible rural communities, as that term is defined in sec- tion 610(b)(2) [601(b)(2)] of the Rural Electrification Act of 1937 [1936] (7 U.S.C. 950bb(b)(2)). Such reimburse- ments shall be issued to eligible stations on or after February 18, 2009. Priority reimbursements shall be given to eligible low-power television stations in which the license is held by a non-profit corporation and eli- gible low-power television stations that serve rural areas of fewer than 10,000 viewers. ‘‘(b) ELIGIBLE STATIONS.—For purposes of this sec- tion, the term ‘eligible low-power television station’ means a low-power television broadcast station, Class A television station, television translator station, or television booster station— ‘‘(1) that is itself broadcasting exclusively in analog format; and ‘‘(2) that has not converted from analog to digital operations prior to the date of enactment of the Dig- ital Television Transition and Public Safety Act of 2005 [Feb. 8, 2006]. ‘‘SEC. 3010. NATIONAL ALERT AND TSUNAMI WARN- ING PROGRAM. ‘‘The Assistant Secretary shall make payments of not to exceed $156,000,000, in the aggregate, during the fiscal year 2007 through 2012 period from the Digital Television Transition and Public Safety Fund estab- lished under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) to implement a uni- fied national alert system capable of alerting the pub- lic, on a national, regional, or local basis to emergency situations by using a variety of communications tech- nologies. The Assistant Secretary shall use $50,000,000 of such amounts to implement a tsunami warning and coastal vulnerability program. ‘‘SEC. 3011. ENHANCE 911. ‘‘(a) IN GENERAL.—The Assistant Secretary shall make payments of not to exceed $43,500,000, in the ag- gregate, from the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) to implement the ENHANCE 911 Act of 2004 [title I of Pub. L. 108–494, see Short Title of 2004 Amend- ment note set out under section 901 of this title]. ‘‘(b) CREDIT.—The Assistant Secretary may borrow from the Treasury, upon enactment of the 911 Mod- ernization Act [Aug. 3, 2007], such sums as necessary, but not to exceed $43,500,000, to implement this section. The Assistant Secretary shall reimburse the Treasury, without interest, as funds are deposited into the Dig- ital Television Transition and Public Safety Fund. ‘‘SEC. 3012. ESSENTIAL AIR SERVICE PROGRAM. ‘‘(a) IN GENERAL.—If the amount appropriated to carry out the essential air service program under sub- chapter II of chapter 417 of title 49, United States Code, equals or exceeds $110,000,000 for fiscal year 2007 or 2008, then the Secretary of Commerce shall make $15,000,000 available, from the Digital Television Transition and Public Safety Fund established by section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)), to the Secretary of Transportation for use in carrying out the essential air service program for that fiscal year. ‘‘(b) APPLICATION WITH OTHER FUNDS.—Amounts made available under subsection (a) for any fiscal year shall be in addition to any amounts— ‘‘(1) appropriated for that fiscal year; or ‘‘(2) derived from fees collected pursuant to section 45301(a)(1) of title 49, United States Code, that are made available for obligation and expenditure to carry out the essential air service program for that fiscal year. ‘‘(c) ADVANCES.—The Secretary of Transportation may borrow from the Treasury such sums as may be necessary, but not to exceed $30,000,000 on a temporary and reimbursable basis to implement subsection (a). The Secretary of Transportation shall reimburse the Treasury, without interest, as funds are deposited into the Digital Television Transition and Public Safety Fund under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)) and made available to the Secretary under subsection (a). ‘‘SEC. 3013. SUPPLEMENTAL LICENSE FEES. ‘‘In addition to any fees assessed under the Commu- nications Act of 1934 (47 U.S.C. 151 et seq.), the Federal Communications Commission shall assess extraor- dinary fees for licenses in the aggregate amount of $10,000,000, which shall be deposited in the Treasury during fiscal year 2006 as offsetting receipts.’’ [Pub. L. 111–4, § 3(d), Feb. 11, 2009, 123 Stat. 113, pro- vided that: ‘‘The amendments made by this section [amending section 3005(c)(1) of Pub. L. 109–171, set out above] shall not take effect until the enactment of ad- ditional budget authority after the date of enactment of this Act [Feb. 11, 2009] to carry out the analog-to- digital converter box program under section 3005 of the Digital Television Transition and Public Safety Act of 2005 [section 3005 of Pub. L. 109–171, set out above].’’] FINDINGS Pub. L. 107–195, § 2, June 19, 2002, 116 Stat. 715, pro- vided that: ‘‘Congress finds the following: ‘‘(1) Circumstances in the telecommunications mar- ket have changed dramatically since the auctioning of spectrum in the 700 megahertz band was originally mandated by Congress in 1997, raising serious ques- tions as to whether the original deadlines, or the sub- sequent revision of the deadlines, are consistent with sound telecommunications policy and spectrum man- agement principles. Page 163 TITLE 47—TELECOMMUNICATIONS § 309 ‘‘(2) No comprehensive plan yet exists for allocating additional spectrum for third-generation wireless and other advanced communications services. The Fed- eral Communications Commission should have the flexibility to auction frequencies in the 700 mega- hertz band for such purposes. ‘‘(3) The study being conducted by the National Telecommunications and Information Administra- tion in consultation with the Department of Defense to determine whether the Department of Defense can share or relinquish additional spectrum for third gen- eration wireless and other advanced communications services will not be completed until after the June 19th auction date for the upper 700 megahertz band, and long after the applications must be filed to par- ticipate in the auction, thereby creating further un- certainty as to whether the frequencies in the 700 megahertz band will be put to their highest and best use for the benefit of consumers. ‘‘(4) The Federal Communications Commission is also in the process of determining how to resolve the interference problems that exist in the 800 megahertz band, especially for public safety. One option being considered for the 800 megahertz band would involve the 700 megahertz band. The Commission should not hold the 700 megahertz auction before the 800 mega- hertz interference issues are resolved or a tenable plan has been conceived. ‘‘(5) The 700 megahertz band is currently occupied by television broadcasters, and will be so until the transfer to digital television is completed. This situa- tion creates a tremendous amount of uncertainty concerning when the spectrum will be available and reduces the value placed on the spectrum by poten- tial bidders. The encumbrance of the 700 megahertz band reduces both the amount of money that the auc- tion would be likely to produce and the probability that the spectrum would be purchased by the entities that valued the spectrum the most and would put the spectrum to its most productive use. ‘‘(6) The Commission’s rules governing voluntary mechanisms for vacating the 700 megahertz band by broadcast stations— ‘‘(A) produced no certainty that the band would be available for advanced mobile communications services, public safety operations, or other wireless services any earlier than the existing statutory framework provides; and ‘‘(B) should advance the transition of digital tele- vision and must not result in the unjust enrichment of any incumbent licensee.’’ COMPLIANCE WITH AUCTION AUTHORITY Pub. L. 107–195, § 4, June 19, 2002, 116 Stat. 717, pro- vided that: ‘‘The Federal Communications Commission shall conduct rescheduled auctions 31 and 44 prior to the expiration of the auction authority under section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 309(j)(11)).’’ PRESERVATION OF BROADCASTER OBLIGATIONS Pub. L. 107–195, § 5, June 19, 2002, 116 Stat. 717, pro- vided that: ‘‘Nothing in this Act [see Short Title of 2002 Amendment note set out under section 609 of this title] shall be construed to relieve television broadcast sta- tion licensees of the obligation to complete the digital television service conversion as required by section 309(j)(14) of the Communications Act of 1934 (47 U.S.C. 309(j)(14)).’’ DEADLINE FOR COLLECTION Pub. L. 105–33, title III, § 3007, Aug. 5, 1997, 111 Stat. 269, which provided that the Commission was to con- duct the competitive bidding required under title III of Pub. L. 105–33, which enacted section 337 of this title, amended this section and sections 153, 303, and 923 to 925 of this title, enacted provisions set out as notes under this section and sections 153, 254, and 925 of this title, and repealed provisions set out as a note under this section, in a manner that ensured that all proceeds of such bidding would be deposited in accordance with section 309(j)(8) of this title not later than Sept. 30, 2002, was repealed by Pub. L. 107–195, § 3(b)(2), June 19, 2002, 116 Stat. 717. ADMINISTRATIVE PROCEDURES FOR SPECTRUM AUCTIONS Pub. L. 105–33, title III, § 3008, Aug. 5, 1997, 111 Stat. 269, provided that: ‘‘Notwithstanding section 309(b) of the Communications Act of 1934 (47 U.S.C. 309(b)), no application for an instrument of authorization for fre- quencies assigned under this title [enacting section 337 of this title, amending this section and sections 153, 303, and 923 to 925 of this title, enacting provisions set out as notes under this section and sections 153, 254, and 925 of this title, and repealing provisions set out as a note under this section] (or amendments made by this title) shall be granted by the Commission earlier than 7 days following issuance of public notice by the Com- mission of the acceptance for filing of such application or of any substantial amendment thereto. Notwith- standing section 309(d)(1) of such Act (47 U.S.C. 309(d)(1)), the Commission may specify a period (no less than 5 days following issuance of such public notice) for the filing of petitions to deny any application for an in- strument of authorization for such frequencies.’’ DEADLINES FOR COMMISSION ACTION REGARDING COMPETITIVE BIDDING Pub. L. 103–66, title VI, § 6002(d)(1), (2), Aug. 10, 1993, 107 Stat. 396, provided that: ‘‘(1) GENERAL RULEMAKING.—The Federal Communica- tions Commission shall prescribe regulations to imple- ment section 309(j) of the Communications Act of 1934 [47 U.S.C. 309(j)] (as added by this section) within 210 days after the date of enactment of this Act [Aug. 10, 1993]. ‘‘(2) PCS ORDERS AND LICENSING.—The Commission shall— ‘‘(A) within 180 days after such date of enactment, issue a final report and order (i) in the matter enti- tled ‘Redevelopment of Spectrum to Encourage Inno- vation in the Use of New Telecommunications Tech- nologies’ (ET Docket No. 92–9); and (ii) in the matter entitled ‘Amendment of the Commission’s Rules to Establish New Personal Communications Services’ (GEN Docket No. 90–314; ET Docket No. 92–100); and ‘‘(B) within 270 days after such date of enactment, commence issuing licenses and permits in the per- sonal communications service.’’ SPECIAL RULE REGARDING SUBSECTION (i) LICENSES AND PERMITS Pub. L. 103–66, title VI, § 6002(e), Aug. 10, 1993, 107 Stat. 397, which provided for exceptions to ban on Fed- eral Communications Commission issuance of licenses and permits under section 309(i) of this title after Aug. 10, 1993, was repealed by Pub. L. 105–33, title III, § 3002(a)(4), Aug. 5, 1997, 111 Stat. 260. AUTHORITY TO USE THE SYSTEM OF RANDOM SELECTION WITH RESPECT TO APPLICATIONS FOR INITIAL LI- CENSES AND CONSTRUCTION PERMITS Pub. L. 97–35, title XII, § 1242(b), Aug. 13, 1981, 95 Stat. 737, provided that: ‘‘The Commission shall have author- ity to use the system of random selection established by the Commission under section 309(i) of the Commu- nications Act of 1934 [subsec. (i) of this section], as added in subsection (a), with respect to any application for an initial license or construction permit which will involve any use of the electromagnetic spectrum and which— ‘‘(1) is filed with the Commission after the date of the enactment of this Act [Aug. 13, 1981]; or ‘‘(2) is pending before the Commission on such date of enactment but has not been designated for hearing on or before such date of enactment.’’ Page 164 TITLE 47—TELECOMMUNICATIONS § 309a § 309a. Reports related to spectrum auctions (a) Omitted (b) Auction expenditure justification report Not later than April 1, 2019, and annually thereafter, the Commission shall provide to the appropriate committees of Congress a report containing a detailed justification for the use of proceeds retained by the Commission under sec- tion 309(j)(8)(B) of this title for the costs of de- veloping and implementing the program re- quired by section 309(j) of this title. (c) Definition For purposes of this section, the term ‘‘appro- priate committees of Congress’’ means— (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Energy and Commerce of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. (Pub. L. 115–141, div. P, title V, § 512, Mar. 23, 2018, 132 Stat. 1097.) Editorial Notes CODIFICATION Section is comprised of section 512 of div. P of Pub. L. 115–141. Subsec. (a) of section 512 of div. P of Pub. L. 115–141 amended section 309 of this title. § 310. License ownership restrictions (a) Grant to or holding by foreign government or representative The station license required under this chap- ter shall not be granted to or held by any for- eign government or the representative thereof. (b) Grant to or holding by alien or representa- tive, foreign corporation, etc. No broadcast or common carrier or aero- nautical en route or aeronautical fixed radio station license shall be granted to or held by— (1) any alien or the representative of any alien; (2) any corporation organized under the laws of any foreign government; (3) any corporation of which more than one- fifth of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative there- of or by any corporation organized under the laws of a foreign country; (4) any corporation directly or indirectly controlled by any other corporation of which more than one-fourth of the capital stock is owned of record or voted by aliens, their rep- resentatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country, if the Commission finds that the public inter- est will be served by the refusal or revocation of such license. (c) Authorization for aliens licensed by foreign governments; multilateral or bilateral agree- ment to which United States and foreign country are parties as prerequisite In addition to amateur station licenses which the Commission may issue to aliens pursuant to this chapter, the Commission may issue author- izations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an amateur radio operator to op- erate his amateur radio station licensed by his government in the United States, its posses- sions, and the Commonwealth of Puerto Rico provided there is in effect a multilateral or bi- lateral agreement, to which the United States and the alien’s government are parties, for such operation on a reciprocal basis by United States amateur radio operators. Other provisions of this chapter and of subchapter II of chapter 5, and chapter 7, of title 5 shall not be applicable to any request or application for or modifica- tion, suspension, or cancellation of any such au- thorization. (d) Assignment and transfer of construction per- mit or station license No construction permit or station license, or any rights thereunder, shall be transferred, as- signed, or disposed of in any manner, volun- tarily or involuntarily, directly or indirectly, or by transfer of control of any corporation holding such permit or license, to any person except upon application to the Commission and upon finding by the Commission that the public inter- est, convenience, and necessity will be served thereby. Any such application shall be disposed of as if the proposed transferee or assignee were making application under section 308 of this title for the permit or license in question; but in acting thereon the Commission may not con- sider whether the public interest, convenience, and necessity might be served by the transfer, assignment, or disposal of the permit or license to a person other than the proposed transferee or assignee. (e) Administration of regional concentration rules for broadcast stations (1) In the case of any broadcast station, and any ownership interest therein, which is ex- cluded from the regional concentration rules by reason of the savings provision for existing fa- cilities provided by the First Report and Order adopted March 9, 1977 (docket No. 20548; 42 Fed. Reg. 16145), the exclusion shall not terminate solely by reason of changes made in the tech- nical facilities of the station to improve its service. (2) For purposes of this subsection, the term ‘‘regional concentration rules’’ means the provi- sions of sections 73.35, 73.240, and 73.636 of title 47, Code of Federal Regulations (as in effect June 1, 1983), which prohibit any party from di- rectly or indirectly owning, operating, or con- trolling three broadcast stations in one or sev- eral services where any two of such stations are within 100 miles of the third (measured city-to- city), and where there is a primary service con- tour overlap of any of the stations. (June 19, 1934, ch. 652, title III, § 310, 48 Stat. 1086; July 16, 1952, ch. 879, § 8, 66 Stat. 716; Pub. L. 85–817, § 2, Aug. 28, 1958, 72 Stat. 981; Pub. L. 88–313, § 2, May 28, 1964, 78 Stat. 202; Pub. L. 92–81, § 2, Aug. 10, 1971, 85 Stat. 302; Pub. L. 93–505, § 2, Nov. 30, 1974, 88 Stat. 1576; Pub. L. 98–214, § 7, Dec. 8, 1983, 97 Stat. 1469; Pub. L. 101–396, § 8(b), Sept. 28, 1990, 104 Stat. 850; Pub. L.