Title 47 — Telecommunications
Chapter 14 — Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless
§ 1506. Rulemaking related to partitioning or disaggregating licenses
Statutory text
Definitions
In this section:
Covered small carrier
The term “covered small carrier” means a carrier (as defined in section 153 of this title) that—
has not more than 1,500 employees (as determined under section 121.106 of title 13, Code of Federal Regulations, or any successor thereto); and
offers services using the facilities of the carrier.
Rural area
The term “rural area” means any area other than—
a city, town, or incorporated area that has a population of more than 20,000 inhabitants; or
an urbanized area contiguous and adjacent to a city or town that has a population of more than 50,000 inhabitants.
Rulemaking
In general
Not later than 1 year after , the Commission shall initiate a rulemaking proceeding to assess whether to establish a program, or modify existing programs, under which a licensee that receives a license for the exclusive use of spectrum in a specific geographic area under section 301 of this title may partition or disaggregate the license by sale or long-term lease—
in order to—
provide services consistent with the license; and
make unused spectrum available to—
an unaffiliated covered small carrier; or
an unaffiliated carrier to serve a rural area; and
if the Commission finds that such a program would promote—
the availability of advanced telecommunications services in rural areas; or
spectrum availability for covered small carriers.
Considerations
In conducting the rulemaking proceeding under paragraph (1), the Commission shall consider, with respect to the program proposed to be established under that paragraph—
whether reduced performance requirements with respect to spectrum obtained through the program would facilitate deployment of advanced telecommunications services in the areas covered by the program;
what conditions may be needed on transfers of spectrum under the program to allow covered small carriers that obtain spectrum under the program to build out the spectrum in a reasonable period of time;
what incentives may be appropriate to encourage licensees to lease or sell spectrum, including—
extending the term of a license granted under section 301 of this title; or
modifying performance requirements of the license relating to the leased or sold spectrum; and
the administrative feasibility of—
the incentives described in subparagraph (C); and
other incentives considered by the Commission that further the goals of this section.
Forfeiture of spectrum
If a party fails to meet any build out requirements set by the Commission for any spectrum sold or leased under this section, the right to the spectrum shall be forfeited to the Commission unless the Commission finds that there is good cause for the failure of the party.
Requirement
The Commission may offer a licensee incentives or reduced performance requirements under this section only if the Commission finds that doing so would likely result in increased availability of advanced telecommunications services in a rural area.
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.
Financial Services and General Government Appropriations Act, 2018
Pub. L. 115–141 div. P title VI § 616 · 132 Stat. 348
Enacted · 47 U.S.C. § 1506
(Pub. L. 115–141, div. P, title VI, § 616, Mar. 23, 2018, 132 Stat. 1110.)
Source evidence
Code source credit
(Pub. L. 115–141, div. P, title VI, § 616, Mar. 23, 2018, 132 Stat. 1110.)Enacted provision · exact public law section
Sec. 616. Notwithstanding section 1353 of title 31, United States Code, no officer or employee of any regulatory agency or commission funded by this Act may accept on behalf of that agency, nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related expenses for the purpose of enabling an officer or employee to attend and participate in any meeting or similar function relating to the official duties of the officer or employee when the entity offering payment or reimbursement is a person or entity subject to regulation by such agency or commission, or represents a person or entity subject to regulation by such agency or commission, unless the person or entity is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.
1 of 1 references resolved to an enrolled provision
Credits
(Pub. L. 115–141, div. P, title VI, § 616, , 132 Stat. 1110.)