Title 47 — Telecommunications
Chapter 8 — National Telecommunications and Information Administration
§ 903. Spectrum management activities
Statutory text
Revision of regulations
Within 180 days after , the Secretary of Commerce and the NTIA shall amend the Department of Commerce spectrum management document entitled “Manual of Regulations and Procedures for Federal Radio Frequency Management” to improve Federal spectrum management activities and shall publish in the Federal Register any changes in the regulations in such document.
Requirements for revisions
The amendments required by subsection (a) shall—
provide for a period at the beginning of each meeting of the Interdepartmental Radio Advisory Committee to be open to the public to make presentations and receive advice, and provide the public with other meaningful opportunities to make presentations and receive advice;
include provisions that will require (A) publication in the Federal Register of major policy proposals that are not classified and that involve spectrum management, and (B) adequate opportunity for public review and comment on those proposals;
include provisions that will require publication in the Federal Register of major policy decisions that are not classified and that involve spectrum management;
include provisions that will require that nonclassified spectrum management information be made available to the public, including access to electronic databases; and
establish procedures that provide for the prompt and impartial consideration of requests for access to Government spectrum by the public, which procedures shall include provisions that will require the disclosure of the status and ultimate disposition of any such request.
Certification to Congress
Not later than 180 days after , the Secretary of Commerce shall certify to Congress that the Secretary has complied with this section.
Radio services
Assignments for radio services
In assigning frequencies for mobile radio services and other radio services, the Secretary of Commerce shall promote efficient and cost-effective use of the spectrum to the maximum extent feasible.
Authority to withhold assignments
The Secretary of Commerce shall have the authority to withhold or refuse to assign frequencies for mobile radio service or other radio service in order to further the goal of making efficient and cost-effective use of the spectrum.
Spectrum plan
By , the Secretary of Commerce shall adopt and commence implementation of a plan for Federal agencies with existing mobile radio systems to use more spectrum-efficient technologies that are at least as spectrum-efficient and cost-effective as readily available commercial mobile radio systems. The plan shall include a time schedule for implementation.
Report to Congress
By , the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report summarizing the plan adopted under paragraph (3), including the implementation schedule for the plan.
Proof of compliance with FCC licensing requirements
Amendment to manual required
Within 90 days after , the Secretary and the NTIA shall amend the spectrum management document described in subsection (a) to require that—
no person or entity (other than an agency or instrumentality of the United States) shall be permitted, after 1 year after , to operate a radio station utilizing a frequency that is authorized for the use of government stations pursuant to section 902(b)(2)(A) of this title for any non-government application unless such person or entity has submitted to the NTIA proof, in a form prescribed by such manual, that such person or entity has obtained a license from the Commission; and
no person or entity (other than an agency or instrumentality of the United States) shall be permitted, after 1 year after , to utilize a radio station belonging to the United States for any non-government application unless such person or entity has submitted to the NTIA proof, in a form prescribed by such manual, that such person or entity has obtained a license from the Commission.
Retention of forms
The NTIA shall maintain on file the proofs submitted under paragraph (1), or facsimiles thereof.
Certification
Within 1 year after , the Secretary and the NTIA shall certify to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that—
the amendments required by paragraph (1) have been accomplished; and
the requirements of subparagraphs (A) and (B) of such paragraph are being enforced.
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.
National Telecommunications and Information Administration Organization Act
Pub. L. 102–538 title I § 104 · 106 Stat. 3533
Enacted · 47 U.S.C. § 903
Pub. L. 102–538, title I, § 104, Oct. 27, 1992, 106 Stat. 3537
Source evidence
Code source credit
Pub. L. 102–538, title I, § 104, Oct. 27, 1992, 106 Stat. 3537Enacted provision · exact public law section
SEC. 104. SPECTRUM MANAGEMENT ACTIVITIES. (a) Revision of Regulations.— Within 180 days after the date Federal Register, publication. of the enactment of this Act, the Secretary of Commerce and the NTIA shall amend the Department of Commerce spectrum management document entitled “Manual of Regulations and Procedures for Federal Radio Frequency Management” to improve Federal spectrum management activities and shall publish in the Federal Register any changes in the regulations in such document. (b) Requirements for Revisions.— The amendments required by subsection (a) shall— (1) provide for a period at the beginning of each meeting of the Interdepartmental Radio Advisory Committee to be open to the public to make presentations and receive advice, and provide the public with other meaningful opportunities to make presentations and receive advice; (2) include provisions that will require (A) publication in the Federal Register of major policy proposals that are not classified and that involve spectrum management, and (B) adequate opportunity for public review and comment on those proposals; (3) include provisions that will require publication in the Federal Register of major policy decisions that are not classified and that involve spectrum management; (4) include provisions that will require that nonclassified spectrum management information be made available to the public, including access to electronic databases; and (5) establish procedures that provide for the prompt and impartial consideration of requests for access to Government spectrum by the public, which procedures shall include provisions that will require the disclosure of the status and ultimate disposition of any such request. (c) Certification to Congress.— Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall certify to Congress that the Secretary has complied with this section. (d) Radio Services.— (1) Assignments for radio services.— In assigning frequencies for mobile radio services and other radio services, the Secretary of Commerce shall promote efficient and cost-effective use of the spectrum to the maximum extent feasible. (2) Authority to withhold assignments.— The Secretary of Commerce shall have the authority to withhold or refuse to assign frequencies for mobile radio service or other radio service in order to further the goal of making efficient and cost-effective use of the spectrum. (3) Spectrum plan.— By October 1, 1993, the Secretary of Commerce shall adopt and commence implementation of a plan for Federal agencies with existing mobile radio systems to use more spectrum-efficient technologies that are at least as spectrum-efficient and cost-effective as readily available commercial mobile radio systems. The plan shall include a time schedule for implementation. (4) Report to congress.— By October 1, 1993, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report summarizing the plan adopted under paragraph (3), including the implementation schedule for the plan.Omnibus Budget Reconciliation Act of 1993
Pub. L. 103–66 title VI § 6001(b) · 107 Stat. 312
Added · 47 U.S.C. § 903(e)
Pub. L. 103–66 added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 103–66 added subsec. (e).
1 of 2 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments
1993—Subsec. (e). Pub. L. 103–66 added subsec. (e).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh Congress, .
Authorization of Use of Spectrum By, and Provision of Spectrum Functions to, Federal Entity; Reimbursement
Pub. L. 108–7, div. B, title II, , 117 Stat. 71, provided in part: “That hereafter, notwithstanding any other provision of law, NTIA [National Telecommunications and Information Administration] shall not authorize spectrum use or provide any spectrum functions pursuant to the National Telecommunications and Information Administration Organization Act, 47 U.S.C. 902–903 [47 U.S.C. 901 et seq.], to any Federal entity without reimbursement as required by NTIA for such spectrum management costs, and Federal entities withholding payment of such cost shall not use spectrum”.
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 107–77, title II, , 115 Stat. 772.
Pub. L. 106–553, § 1(a)(2) [title II], , 114 Stat. 2762, 2762A–72.
Pub. L. 106–113, div. B, § 1000(a)(1) [title II], , 113 Stat. 1535, 1501A–26.
Pub. L. 105–277, div. A, § 101(b) [title II], , 112 Stat. 2681–50, 2681–80.
Pub. L. 105–119, title II, , 111 Stat. 2474.
Pub. L. 104–208, div. A, title I, § 101(a) [title II], , 110 Stat. 3009, 3009–35.
Credits
1992–1993 · 2 acts
- 1992Pub. L. 102–538, title I, § 104, , 106 Stat. 3537
- 1993Pub. L. 103–66, title VI, § 6001(b), , 107 Stat. 387.
Show as published
(Pub. L. 102–538, title I, § 104, , 106 Stat. 3537; Pub. L. 103–66, title VI, § 6001(b), , 107 Stat. 387.)