§ 1453. Unlicensed use in the 5 GHZ band

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 § 6406 · 126 Stat. 156

   Enacted · 47 U.S.C. § 1453

   (Pub. L. 112–96, title VI, § 6406, Feb. 22, 2012, 126 Stat. 231.)

   Source evidence

   Code source credit
   (Pub. L. 112–96, title VI, § 6406, Feb. 22, 2012, 126 Stat. 231.)

   Enacted provision · exact public law section
   SEC. 6406. UNLICENSED USE IN THE 5 GHZ BAND. (a) Modification of Commission Regulations to Allow Certain Unlicensed Use.— (1) In general.— Subject to paragraph (2), not later than 1 year after the date of the enactment of this Act, the Commission shall begin a proceeding to modify part 15 of title 47, Code of Federal Regulations, to allow unlicensed U–NII devices to operate in the 5350–5470 MHz band. (2) Required determinations.— The Commission may make the modification described in paragraph (1) only if the Commission, in consultation with the Assistant Secretary, determines that— (A) licensed users will be protected by technical solutions, including use of existing, modified, or new spectrum-sharing technologies and solutions, such as dynamic frequency selection; and (B) the primary mission of Federal spectrum users in the 5350–5470 MHz band will not be compromised by the introduction of unlicensed devices. (b) Study by NTIA.— (1) In general.— The Assistant Secretary, in consultation with the Department of Defense and other impacted agencies, shall conduct a study evaluating known and proposed spectrum-sharing technologies and the risk to Federal users if unlicensed U–NII devices were allowed to operate in the 5350–5470 MHz band and in the 5850–5925 MHz band. (2) Submission.— The Assistant Secretary shall submit to the Commission and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate— (A) not later than 8 months after the date of the enactment of this Act, a report on the portion of the study required by paragraph (1) with respect to the 5350–5470 MHz band; and (B) not later than 18 months after the date of the enactment of this Act, a report on the portion of the study required by paragraph (1) with respect to the 5850–5925 MHz band. (c) Definitions.— In this section: (1) 5350–5470 mhz band.— The term “5350–5470 MHz band” means the portion of the electromagnetic spectrum between the frequencies from 5350 megahertz to 5470 megahertz. (2) 5850–5925 mhz band.— The term “5850–5925 MHz band” means the portion of the electromagnetic spectrum between the frequencies from 5850 megahertz to 5925 megahertz.

1 of 1 references resolved to an enrolled provision