§ 1451. Deadlines for auction of certain spectrum

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2012

   Middle Class Tax Relief and Job Creation Act of 2012

   Pub. L. 112–96 title VI § 6401 · 126 Stat. 156

   Enacted · 47 U.S.C. § 1451

   (Pub. L. 112–96, title VI, § 6401, Feb. 22, 2012, 126 Stat. 222.)

   Source evidence

   Code source credit
   (Pub. L. 112–96, title VI, § 6401, Feb. 22, 2012, 126 Stat. 222.)

   Enacted provision · exact public law section
   SEC. 6401. DEADLINES FOR AUCTION OF CERTAIN SPECTRUM. (a) Clearing Certain Federal Spectrum.— (1) In general.— The President shall— (A) not later than 3 years after the date of the enactment of this Act, begin the process of withdrawing or modifying the assignment to a Federal Government station of the electromagnetic spectrum described in paragraph (2); and (B) not later than 30 days after completing the withdrawal or modification, notify the Commission that the withdrawal or modification is complete. (2) Spectrum described.— The electromagnetic spectrum described in this paragraph is the 15 megahertz of spectrum between 1675 megahertz and 1710 megahertz identified under paragraph (3). (3) Identification by secretary of commerce.— Not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce shall submit to the President a report identifying 15 megahertz of spectrum between 1675 megahertz and 1710 megahertz for reallocation from Federal use to non-Federal use. (b) Reallocation and Auction.— (1) In general.— Notwithstanding paragraph (15)(A) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), not later than 3 years after the date of the enactment of this Act, the Commission shall, except as provided in paragraph (4)— (A) allocate the spectrum described in paragraph (2) for commercial use; and (B) through a system of competitive bidding under such section, grant new initial licenses for the use of such spectrum, subject to flexible-use service rules. (2) Spectrum described.— The spectrum described in this paragraph is the following: (A) The frequencies between 1915 megahertz and 1920 megahertz. (B) The frequencies between 1995 megahertz and 2000 megahertz. (C) The frequencies described in subsection (a)(2). (D) The frequencies between 2155 megahertz and 2180 megahertz. (E) Fifteen megahertz of contiguous spectrum to be identified by the Commission. (3) Proceeds to cover 110 percent of federal relocation or sharing costs.— Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of section 309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)). (4) Determination by commission.— If the Commission determines that the band of frequencies described in paragraph (2)(A) or the band of frequencies described in paragraph (2)(B) cannot be used without causing harmful interference to commercial mobile service licensees in the frequencies between 1930 megahertz and 1995 megahertz, the Commission may not— (A) allocate such band for commercial use under paragraph (1)(A); or (B) grant licenses under paragraph (1)(B) for the use of such band. (c) Auction Proceeds.— Section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)) is amended— (1) in subparagraph (A), by striking “(D), and (E),” and inserting “(D), (E), (F), and (G),”; (2) in subparagraph (C)(i), by striking “subparagraph (E)(ii)” and inserting “subparagraphs (D)(ii), (E)(ii), (F), and (G)”; (3) in subparagraph (D)— (A) by striking the heading and inserting “Proceeds from reallocated federal spectrum.—”; (B) by striking “Cash” and inserting the following: “(i) In general.— Except as provided in clause (ii), cash” ; and (C) by adding at the end the following: “(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 bidders) attributable to the auction of eligible frequencies described in paragraph (2) of section 113(g) of the National Telecommunications and Information Administration Organization Act that are required to be auctioned by section 6401(b)(1)(B) of the Middle Class Tax Relief and Job Creation Act of 2012, such portion 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 remainder of such proceeds shall be deposited in the Public Safety Trust Fund established by section 6413(a)(1) of the Middle Class Tax Relief and Job Creation Act of 2012.” ; and (4) by adding at the end the following: “(F) Certain proceeds designated for public safety trust fund.— Notwithstanding subparagraph (A) and except 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 bidding under this subsection pursuant to section 6401(b)(1)(B) of the Middle Class Tax Relief and Job Creation Act of 2012 shall be deposited in the Public Safety Trust Fund established by section 6413(a)(1) of such Act.” .

1 of 1 references resolved to an enrolled provision