§ 903. Spectrum management activities

1,064 words·~5 min read·/usc/title-47/section-903

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(a)Revision of regulations Within 180 days after October 27, 1992, 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 October 27, 1992, 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.

(e)Proof of compliance with FCC licensing requirements

(1)Amendment to manual required Within 90 days after August 10, 1993, the Secretary and the NTIA shall amend the spectrum management document described in subsection

(a)to require that—

(A)no person or entity (other than an agency or instrumentality of the United States) shall be permitted, after 1 year after August 10, 1993, 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

(B)no person or entity (other than an agency or instrumentality of the United States) shall be permitted, after 1 year after August 10, 1993, 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.

(2)Retention of forms The NTIA shall maintain on file the proofs submitted under paragraph (1), or facsimiles thereof.

(3)Certification Within 1 year after August 10, 1993, 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—

(A)the amendments required by paragraph

(1)have been accomplished; and

(B)the requirements of subparagraphs

(A)and

(B)of such paragraph are being enforced.

(Pub. L. 102–538, title I, § 104, Oct. 27, 1992, 106 Stat. 3537; Pub. L. 103–66, title VI, § 6001(b), Aug. 10, 1993, 107 Stat. 387.)

Connections23 cite this · traces to 3

Cited by 23 sections

statutes-at-large

U.S. Code

§ 927
Existing allocation and transfer authority retained

statute-compilations

Sec. 104
SPECTRUM MANAGEMENT ACTIVITIES.2

bill

Traces to 3 documents

U.S. Code

20 references not yet in our index

Pub. L. 102–538, title I, § 104
106 Stat. 3537
Pub. L. 103–66, title VI, § 6001(b)
107 Stat. 387
Pub. L. 103–66
section 1(a) of Pub. L. 104–14
Pub. L. 108–7, div. B, title II
117 Stat. 71
Pub. L. 107–77, title II
115 Stat. 772
Pub. L. 106–553, § 1(a)(2) [title II]
114 Stat. 2762
Pub. L. 106–113, div. B, § 1000(a)(1) [title II]
113 Stat. 1535
Pub. L. 105–277, div. A, § 101(b) [title II]
112 Stat. 2681–50
Pub. L. 105–119, title II
111 Stat. 2474
Pub. L. 104–208, div. A, title I, § 101(a) [title II]
110 Stat. 3009

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cites case law

§ 903

Spectrum management activities

Bills×12

Stat.×7

Fed. Reg.×2

Stat. Comp.×1

U.S.C.×1

U.S.C.§ 902

U.S.C.§ 21

U.S.C.§ 901

Pub. L.Pub. L. 102–538, title I, § 104

Stat.106 Stat. 3537

Pub. L.Pub. L. 103–66, title VI, § 6001(b)

Stat.107 Stat. 387

Pub. L.Pub. L. 103–66

Cites 23 · showing 8Cited by 23 across 5 sources