47 USC 1452 - Special requirements for incentive auction of broadcast TV spectrum

U.S Code last checked for updates: Nov 22, 2024

§ 1452.

Special requirements for incentive auction of broadcast TV spectrum

(a)

Reverse auction to identify incentive amount

(1)

In general

(2)

Eligible relinquishments

A relinquishment of usage rights for purposes of paragraph (1) shall include the following:

(A)

Relinquishing all usage rights with respect to a particular television channel without receiving in return any usage rights with respect to another television channel.

(B)

Relinquishing all usage rights with respect to an ultra high frequency television channel in return for receiving usage rights with respect to a very high frequency television channel.

(C)

Relinquishing usage rights in order to share a television channel with another licensee.

(3)

Confidentiality

(4)

Protection of carriage rights of licensees sharing a channel

(b)

Reorganization of broadcast TV spectrum

(1)

In general

For purposes of making available spectrum to carry out the forward auction under subsection (c)(1), the Commission—

(A)

shall evaluate the broadcast television spectrum (including spectrum made available through the reverse auction under subsection (a)(1)); and

(B)

may, subject to international coordination along the border with Mexico and Canada—

(i)

make such reassignments of television channels as the Commission considers appropriate; and

(ii)

reallocate such portions of such spectrum as the Commission determines are available for reallocation.

(2)

Factors for consideration

(3)

No involuntary relocation from UHF to VHF

In making any reassignments under paragraph (1)(B)(i), the Commission may not involuntarily reassign a broadcast television licensee—

(A)

from an ultra high frequency television channel to a very high frequency television channel; or

(B)

from a television channel between the frequencies from 174 megahertz to 216 megahertz to a television channel between the frequencies from 54 megahertz to 88 megahertz.

(4)

Payment of relocation costs

(A)

In general

Except as provided in subparagraph (B), from amounts made available under subsection (d)(2), the Commission shall reimburse costs reasonably incurred by—

(i)

a broadcast television licensee that was reassigned under paragraph (1)(B)(i) from one ultra high frequency television channel to a different ultra high frequency television channel, from one very high frequency television channel to a different very high frequency television channel, or, in accordance with subsection (g)(1)(B), from a very high frequency television channel to an ultra high frequency television channel, in order for the licensee to relocate its television service from one channel to the other;

(ii)

a multichannel video programming distributor in order to continue to carry the signal of a broadcast television licensee that—

(I)

is described in clause (i);

(II)

voluntarily relinquishes spectrum usage rights under subsection (a) with respect to an ultra high frequency television channel in return for receiving usage rights with respect to a very high frequency television channel; or

(III)

voluntarily relinquishes spectrum usage rights under subsection (a) to share a television channel with another licensee; or

(iii)

a channel 37 incumbent user, in order to relocate to other suitable spectrum, provided that all such users can be relocated and that the total relocation costs of such users do not exceed $300,000,000. For the purpose of this section, the spectrum made available through relocation of channel 37 incumbent users shall be deemed as spectrum reclaimed through a reverse auction under subsection (a).

(B)

Regulatory relief

(C)

Limitation

(D)

Deadline

(5)

Low-power television usage rights

(c)

Forward auction

(1)

Auction required

The Commission shall conduct a forward auction in which—

(A)

the Commission assigns licenses for the use of the spectrum that the Commission reallocates under subsection (b)(1)(B)(ii); and

(B)

the amount of the proceeds that the Commission shares under clause (i) of section 309(j)(8)(G) of this title with each licensee whose bid the Commission accepts in the reverse auction under subsection (a)(1) is not less than the amount of such bid.

(2)

Minimum proceeds

(A)

In general

(B)

Sum described

The sum described in this subparagraph is the sum of—

(i)

the total amount of compensation that the Commission must pay successful bidders in the reverse auction under subsection (a)(1);

(ii)

the costs of conducting such forward auction that the salaries and expenses account of the Commission is required to retain under section 309(j)(8)(B) of this title; and

(iii)

the estimated costs for which the Commission is required to make reimbursements under subsection (b)(4)(A).

(C)

Administrative costs

(3)

Factor for consideration

(d)

TV Broadcaster Relocation Fund

(1)

Establishment

(2)

Payment of relocation costs

(3)

Borrowing authority

(A)

In general

(B)

Reimbursement

(4)

Transfer of unused funds

If any amounts remain in the TV Broadcaster Relocation Fund after the date that is 3 years after the completion of the forward auction under subsection (c)(1), the Secretary of the Treasury shall—

(A)

prior to the end of fiscal year 2022, transfer such amounts to the Public Safety Trust Fund established by section 1457(a)(1) of this title; and

(B)

after the end of fiscal year 2022, transfer such amounts to the general fund of the Treasury, where such amounts shall be dedicated for the sole purpose of deficit reduction.

(e)

Numerical limitation on auctions and reorganization

(f)

Timing

(1)

Contemporaneous auctions and reorganization permitted

(2)

Effectiveness of reassignments and reallocations

(3)

Deadline

(4)

Limit on discretion regarding auction timing

(g)

Limitation on reorganization authority

(1)

In general

During the period described in paragraph (2), the Commission may not—

(A)

involuntarily modify the spectrum usage rights of a broadcast television licensee or reassign such a licensee to another television channel except—

(i)

in accordance with this section; or

(ii)

in the case of a violation by such licensee of the terms of its license or a specific provision of a statute administered by the Commission, or a regulation of the Commission promulgated under any such provision; or

(B)

reassign a broadcast television licensee from a very high frequency television channel to an ultra high frequency television channel, unless—

(i)

such a reassignment will not decrease the total amount of ultra high frequency spectrum made available for reallocation under this section; or

(ii)

a request from such licensee for the reassignment was pending at the Commission on May 31, 2011.

(2)

Period described

The period described in this paragraph is the period beginning on February 22, 2012, and ending on the earliest of—

(A)

the first date when the reverse auction under subsection (a)(1), the reassignments and reallocations (if any) under subsection (b)(1)(B), and the forward auction under subsection (c)(1) have been completed;

(B)

the date of a determination by the Commission that the amount of the proceeds from the forward auction under subsection (c)(1) is not greater than the sum described in subsection (c)(2)(B); or

(C)

September 30, 2022.

(h)

Protest right inapplicable

(i)

Commission authority

Nothing in subsection (b) shall be construed to—

(1)

expand or contract the authority of the Commission, except as otherwise expressly provided; or

(2)

prevent the implementation of the Commission’s “White Spaces” Second Report and Order and Memorandum Opinion and Order (FCC 08–260, adopted November 4, 2008) in the spectrum that remains allocated for broadcast television use after the reorganization required by such subsection.

(j)

Reserve source for payment of relocation costs

(1)

Funding

There are hereby authorized to be appropriated, and appropriated, to the TV Broadcaster Relocation Fund established by subsection (d), out of any monies in the Treasury not otherwise appropriated—

(A)

for fiscal year 2018, $600,000,000, to remain available, notwithstanding subsection (d)(4), until not later than July 3, 2023, pursuant to this subsection; and

(B)

for fiscal year 2019, $400,000,000, to remain available, notwithstanding subsection (d)(4), until not later than July 3, 2023, pursuant to this subsection.

(2)

Availability of funds

(A)

In general

If the Commission makes the certification described in subparagraph (B), amounts made available to the TV Broadcaster Relocation Fund by paragraph (1) shall be available to the Commission to make—

(i)

reimbursements pursuant to subsection (b)(4)(A)(i) or (b)(4)(A)(ii), including not more than $350,000,000 for this purpose from funds made available by paragraph (1)(A);

(ii)

payments required by subsection (k), including not more than $150,000,000 for this purpose from funds made available by paragraph (1)(A);

(iii)

payments required by subsection (l), including not more than $50,000,000 for this purpose from funds made available by paragraph (1)(A); and

(iv)

payments solely for the purposes of consumer education relating to the reorganization of broadcast television spectrum under subsection (b), including $50,000,000 for this purpose from funds made available by paragraph (1)(A).

(B)

Certification

(C)

Availability for payments after April 13, 2020

(i)

For payments to broadcast television licensees and MVPDs

(ii)

For payments to television translator stations and low power television stations

(iii)

For payments to FM broadcast stations

(3)

Unused funds rescinded and deposited into the general fund of the treasury

(A)

Rescission and deposit

(B)

Date described

The date described in this subparagraph is the earlier of—

(i)

the date of a certification by the Commission under subparagraph (C) that all reimbursements pursuant to subsections (b)(4)(A)(i) and (b)(4)(A)(ii) have been made and that all reimbursements pursuant to subsections (k) and (l) have been made; or

(ii)

July 3, 2023.

(C)

Certification

(4)

Administrative costs

(k)

Payment of relocation costs of television translator stations and low power television stations

(1)

Payment required

(2)

Limitation

(3)

Duplicative payments prohibited

In the case of a low power television station that has been accorded primary status as a Class A television licensee under section 73.6001(a) of title 47, Code of Federal Regulations—

(A)

if the licensee of such station has received reimbursement with respect to such station under subsection (b)(4)(A)(i) (including from amounts made available under subsection (j)(2)(A)(i)), or from any other source, such station may not receive reimbursement under paragraph (1); and

(B)

if such station has received reimbursement under paragraph (1), the licensee of such station may not receive reimbursement with respect to such station under subsection (b)(4)(A)(i).

(4)

Additional limitation

(5)

Definitions

In this subsection:

(A)

Low power television station

(B)

Television translator station

(l)

Payment of Relocation Costs of FM Broadcast Stations

(1)

Payment required

(A)

In general

(B)

Limitation

(C)

Duplicative payments prohibited

(2)

FM broadcast station defined

(m)

(1)

In general

(2)

Matters for inclusion

(n)

Rule of construction

(1)

Nothing in subsections (j) through (m) shall alter the final transition phase completion date established by the Commission for full power and Class A television stations.

(Pub. L. 112–96, title VI, § 6403, Feb. 22, 2012, 126 Stat. 225; Pub. L. 115–141, div. E, title V, § 511, Mar. 23, 2018, 132 Stat. 563.)

cite as: 47 USC 1452

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