This chapter, referred to in subsecs. (h), (j)(4)(C), (6), and (k)(1), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.
The National Telecommunications and Information Administration Organization Act, referred to in subsec. (j)(9)(B), is title I of Pub. L. 102–538,
Section 1004(a) of the Spectrum Pipeline Act of 2015, referred to in subsec. (j)(11), is section 1004(a) of Pub. L. 114–74, which is set out as a note under section 921 of this title.
Section 90008(b)(2)(A)(ii) of the Infrastructure Investment and Jobs Act, referred to in subsec. (j)(11), is section 90008(b)(2)(A)(ii) of Pub. L. 117–58, which is set out in a note under section 921 of this title.
2022—Subsec. (j)(11). Pub. L. 117–328 substituted “
Pub. L. 117–229 substituted “
Pub. L. 117–180 substituted “
2021—Subsec. (j)(11). Pub. L. 117–58 inserted before period at end “, and with respect to the electromagnetic spectrum identified under section 90008(b)(2)(A)(ii) of the Infrastructure Investment and Jobs Act, such authority shall expire on the date that is 7 years after
2018—Subsec. (j)(8)(B). Pub. L. 115–141, § 402(h)(2), struck out at end: “No sums may be retained under this subparagraph during any fiscal year beginning after
Subsec. (j)(8)(C). Pub. L. 115–141, § 101(b)(1), substituted “the Treasury.” for “an interest bearing account at a financial institution designated for purposes of this subsection by the Commission (after consultation with the Secretary of the Treasury).” in introductory provisions.
Subsec. (j)(8)(C)(i). Pub. L. 115–141, § 101(b)(2)(A), substituted “deposited in the general fund of the Treasury (where such deposits shall be used for the sole purpose of deficit reduction)” for “paid to the Treasury”.
Subsec. (j)(8)(C)(ii). Pub. L. 115–141, § 101(b)(3), substituted “, and payments representing the return of such deposits shall not be subject to administrative offset under section 3716(c) of title 31.” for “; and”
Subsec. (j)(8)(C)(iii). Pub. L. 115–141, § 101(b)(2)(B), (4), struck out cl. (iii) which read as follows: “the interest accrued to the account shall be deposited in the general fund of the Treasury, where such amount shall be dedicated for the sole purpose of deficit reduction.”
Subsec. (j)(12). Pub. L. 115–141, § 402(i)(4)(A), struck out par. (12) which required the Commission to submit to Congress a report evaluating the use of competitive bidding systems.
Subsec. (j)(15)(C)(iv). Pub. L. 115–141, § 402(i)(4)(B), struck out cl. (iv) which required the Commission to submit to Congress a report related to the rescheduling of auctions 31 and 44 and progress made by the Commission in the digital television transition.
Subsec. (j)(18). Pub. L. 115–141, § 512(a), added par. (18).
2015—Subsec. (j)(11). Pub. L. 114–74 inserted before period at end “, except that, with respect to the electromagnetic spectrum identified under section 1004(a) of the Spectrum Pipeline Act of 2015, such authority shall expire on
2012—Subsec. (j)(3)(F). Pub. L. 112–96, § 6701(b), substituted “relocation or sharing costs” for “relocation costs”.
Subsec. (j)(8)(A). Pub. L. 112–96, § 6401(c)(1), substituted “(D), (E), (F), and (G),” for “(D), and (E),”.
Subsec. (j)(8)(C)(i). Pub. L. 112–96, § 6401(c)(2), substituted “subparagraphs (D)(ii), (E)(ii), (F), and (G)” for “subparagraph (E)(ii)”.
Subsec. (j)(8)(C)(iii). Pub. L. 112–96, § 6601, amended cl. (iii) generally. Prior to amendment, subcl. (iii) read as follows: “the interest accrued to the account shall be transferred to the Telecommunications Development Fund established pursuant to section 614 of this title.”
Subsec. (j)(8)(D). Pub. L. 112–96, § 6401(c)(3), substituted “Proceeds from reallocated Federal spectrum” for “Disposition of cash proceeds” in subpar. heading, designated existing provisions as cl. (i), inserted cl. heading, substituted “Except as provided in clause (ii), cash” for “Cash”, and added cl. (ii).
Subsec. (j)(8)(F). Pub. L. 112–96, § 6401(c)(4), added subpar. (F).
Subsec. (j)(8)(G). Pub. L. 112–96, § 6402, added subpar. (G).
Subsec. (j)(11). Pub. L. 112–96, § 6405, substituted “2022” for “2012”.
Subsec. (j)(16)(A), (B). Pub. L. 112–96, § 6701(b), substituted “relocation or sharing costs” for “relocation costs”.
Subsec. (j)(17). Pub. L. 112–96, § 6404, added par. (17).
2009—Subsec. (j)(11). Pub. L. 111–4, § 5, substituted “2012” for “2011”.
Subsec. (j)(14)(A). Pub. L. 111–4, § 2(b)(2), substituted “
2006—Subsec. (j)(8)(A). Pub. L. 109–171, § 3004(1), substituted “subparagraphs (B), (D), and (E)” for “subparagraph (B) or subparagraph (D)”.
Subsec. (j)(8)(C)(i). Pub. L. 109–171, § 3004(2), inserted “, except as otherwise provided in subparagraph (E)(ii)” before semicolon at end.
Subsec. (j)(8)(E). Pub. L. 109–171, § 3004(3), added subpar. (E).
Subsec. (j)(11). Pub. L. 109–171, § 3003(b), substituted “2011” for “2007”.
Subsec. (j)(14)(A). Pub. L. 109–171, § 3002(a)(1), inserted “full-power” before “television broadcast license” and substituted “
Subsec. (j)(14)(B). Pub. L. 109–171, § 3002(a)(2), (5), redesignated subpar. (C) as (B) and struck out former subpar. (B) which related to requirement of Commission to extend renewal period upon certain findings.
Subsec. (j)(14)(C). Pub. L. 109–171, § 3002(a)(5), redesignated subpar. (D) as (C). Former subpar. (C) redesignated (B).
Subsec. (j)(14)(C)(i)(I). Pub. L. 109–171, § 3002(a)(3), struck out “or (B)” after “pursuant to subparagraph (A)”.
Subsec. (j)(14)(D). Pub. L. 109–171, § 3002(a)(5), redesignated subpar. (D) as (C).
Pub. L. 109–171, § 3002(a)(4), substituted “subparagraph (B)(i)” for “subparagraph (C)(i)” in introductory provisions.
Subsec. (j)(15). Pub. L. 109–171, § 3003(a)(2), added cls. (v) and (vi) to subpar. (C).
Pub. L. 109–171, § 3003(a)(1), redesignated par. (15) relating to special auction provisions for eligible frequencies as (16).
Subsec. (j)(16). Pub. L. 109–171, § 3003(a)(1), redesignated par. (15) relating to special auction provisions for eligible frequencies as (16).
2004—Subsec. (j)(3)(F). Pub. L. 108–494, § 203(a), added subpar. (F).
Subsec. (j)(8)(A). Pub. L. 108–494, § 203(c)(1), inserted “or subparagraph (D)” after “subparagraph (B)”.
Subsec. (j)(8)(D). Pub. L. 108–494, § 203(c)(2), added subpar. (D).
Subsec. (j)(15). Pub. L. 108–494, § 203(b), added par. (15) relating to special auction provisions for eligible frequencies.
2002—Subsec. (j)(14)(C)(ii). Pub. L. 107–195, § 3(b)(1), struck out at end “The Commission shall complete the assignment of such licenses, and report to the Congress the total revenues from such competitive bidding, by
Subsec. (j)(15). Pub. L. 107–195, § 3(a), added par. (15).
1997—Subsec. (i)(1). Pub. L. 105–33, § 3002(a)(2)(A), added par. (1) and struck out heading and text of former par. (1). Text read as follows: “If—
“(A) there is more than one application for any initial license or construction permit which will involve a use of the electromagnetic spectrum; and
“(B) the Commission has determined that the use is not described in subsection (j)(2)(A) of this section;
then the Commission shall have the authority to grant such license or permit to a qualified applicant through the use of a system of random selection.”
Subsec. (i)(5). Pub. L. 105–33, § 3002(a)(2)(B), added par. (5).
Subsec. (j)(1), (2). Pub. L. 105–33, § 3002(a)(1)(A), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:
“(1)
“(2)
“(A) the principal use of such spectrum will involve, or is reasonably likely to involve, the licensee receiving compensation from subscribers in return for which the licensee—
“(i) enables those subscribers to receive communications signals that are transmitted utilizing frequencies on which the licensee is licensed to operate; or
“(ii) enables those subscribers to transmit directly communications signals utilizing frequencies on which the licensee is licensed to operate; and
“(B) a system of competitive bidding will promote the objectives described in paragraph (3).”
Subsec. (j)(3). Pub. L. 105–33, § 3002(a)(1)(B)(i), inserted after second sentence of introductory provisions “The Commission shall, directly or by contract, provide for the design and conduct (for purposes of testing) of competitive bidding using a contingent combinatorial bidding system that permits prospective bidders to bid on combinations or groups of licenses in a single bid and to enter multiple alternative bids within a single bidding round.”
Subsec. (j)(3)(E). Pub. L. 105–33, § 3002(a)(1)(B)(ii)–(iv), added subpar. (E).
Subsec. (j)(4)(F). Pub. L. 105–33, § 3002(a)(1)(C), added subpar. (F).
Subsec. (j)(8)(B). Pub. L. 105–33, § 3002(a)(1)(D), struck out “Any funds appropriated to the Commission for fiscal years 1994 through 1998 for the purpose of assigning licenses using random selection under subsection (i) of this section shall be used by the Commission to implement this subsection.” after “quarterly basis.” and inserted at end “No sums may be retained under this subparagraph during any fiscal year beginning after
Subsec. (j)(11). Pub. L. 105–33, § 3002(a)(1)(E), substituted “2007” for “1998”.
Subsec. (j)(13)(F). Pub. L. 105–33, § 3002(a)(1)(F), substituted “
Subsec. (j)(14). Pub. L. 105–33, § 3003, added par. (14).
Subsec. (l). Pub. L. 105–33, § 3002(a)(3), added subsec. (l).
1996—Subsec. (b)(2)(A) to (G). Pub. L. 104–104, § 403(j), redesignated subpars. (B) to (G) as (A) to (F), respectively, and struck out former subpar. (A) which read as follows: “fixed point-to-point microwave stations (exclusive of control and relay stations used as integral parts of mobile radio systems),”.
Subsec. (d). Pub. L. 104–104, § 204(a)(2), inserted “(or subsection (k) in the case of renewal of any broadcast station license)” after “with subsection (a)” wherever appearing.
Subsec. (j)(8)(B). Pub. L. 104–104, § 710(c), inserted at end “Such offsetting collections are authorized to remain available until expended.”
Subsec. (j)(8)(C). Pub. L. 104–104, § 707(a), added subpar. (C).
Subsec. (k). Pub. L. 104–104, § 204(a)(1), added subsec. (k).
1994—Subsec. (c)(2)(F). Pub. L. 103–414, § 303(a)(16), substituted “section 325(c)” for “section 325(b)”.
Subsec. (i)(4)(A). Pub. L. 103–414, § 304(a)(9), which directed substitution of “The Commission shall” for “The commission, not later than 180 days after the date of the enactment of the Communications Technical Amendments Act of 1982, shall”, was executed by making the substitution for “The Commission, not later than 180 days after the date of the enactment of the Communications Amendments Act of 1982, shall”, which for purposes of codification had been translated as “The Commission, not later than 180 days after
Pub. L. 103–414, § 303(a)(17), substituted “date of the enactment of the Communications Amendments Act of 1982” for “date of the enactment of the Communications Technical Amendments Act of 1982”, which for purposes of codification had been translated as “
Subsec. (j)(13). Pub. L. 103–465 added par. (13).
1993—Subsec. (i). Pub. L. 103–66, § 6002(b)(1), inserted subsec. heading, added par. (1), struck out former par. (1), and in par. (4), added subpar. (C). Prior to amendment, par. (1) read as follows: “If there is more than one application for any initial license or construction permit which will involve any use of the electromagnetic spectrum, then the Commission, after determining that each such application is acceptable for filing, shall have authority to grant such license or permit to a qualified applicant through the use of a system of random selection.”
Subsec. (j). Pub. L. 103–66, § 6002(a), added subsec. (j).
1984—Subsec. (h). Pub. L. 98–549 substituted “section 706” for “section 606” in the original to accommodate renumbering of sections in subchapter VI (section 601 et seq.) of this chapter by section 6(a) of Pub. L. 98–549. Because both sections translate as “section 606 of this title”, the amendment by section 6(b)(1) of Pub. L. 98–549 resulted in no change in text.
1982—Subsec. (f). Pub. L. 97–259, § 114, substituted “temporary” for “emergency” wherever appearing, “additional periods” for “one additional period”, and “180 days” for “ninety days” wherever appearing.
Subsec. (i)(1). Pub. L. 97–259, § 115(a), substituted “application” for “applicant” after “more than one”, and “that each such application is acceptable for filing” for “the qualifications of each such applicant under section 308(b) of this title”.
Subsec. (i)(2). Pub. L. 97–259, § 115(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The determination of the Commission under paragraph (1) with respect to the qualifications of applicants for an initial license or construction permit shall be made after notice and opportunity for a hearing, except that the provisions of section 409(c)(2) of this title shall not apply in the case of any such determination.”
Subsec. (i)(3)(A). Pub. L. 97–259, § 115(c)(1), substituted “used for granting licenses or construction permits for any media of mass communications, significant preferences will be granted to applicants or groups of applicants, the grant to which of the license or permit would increase the diversification of ownership of the media of mass communications. To further diversify the ownership of the media of mass communications, an additional significant preference shall be granted to any applicant controlled by a member or members of a minority group” for “, groups or organizations, or members of groups or organizations, which are underrepresented in the ownership of telecommunications facilities or properties will be granted significant preferences”.
Subsec. (i)(3)(C). Pub. L. 97–259, § 115(c)(2), added subpar. (C).
Subsec. (i)(4)(A). Pub. L. 97–259, § 115(d), substituted “
1981—Subsec. (i). Pub. L. 97–35 added subsec. (i).
1964—Subsec. (c)(2)(G). Pub. L. 88–307 inserted “not to exceed sixty days”.
Subsec. (e). Pub. L. 88–306 substituted “not more than thirty days after publication of the hearing issues or any substantial amendment thereto in the Federal Register” for “at any time not less than ten days prior to the date of hearing”.
1960—Pub. L. 86–752 amended section generally to revise pre-grant procedure, and, among other changes, a public notice was substituted for a mandatory notice to applicants and interested parties before hearings upon applications; the Commission was required to hold applications for 30 days before acting upon them without hearings; interested parties were permitted to file petitions to deny applications before the Commission acted upon them without hearings, in lieu of 30 days after applications were granted; interested parties were required to support their petitions with “specific” allegations of fact; the Commission was permitted to dispense with formal hearings when there are “no substantial or material questions of fact,” subject to a requirement that it issue a “concise statement of the reasons” for its action.
1956—Subsec. (c). Act
1954—Subsec. (c). Act
1952—Act
Amendment by section 101(b) of Pub. L. 115–141 effective
Pub. L. 105–33, title III, § 3002(a)(5),
Amendment by section 204(a) of Pub. L. 104–104 applicable to applications filed after
Amendment by Pub. L. 98–549 effective 60 days after
Pub. L. 86–752, § 4(d)(1)–(3),
Pub. L. 118–27, “This Act may be cited as the ‘5G Spectrum Authority Licensing Enforcement Act’ or the ‘5G SALE Act’. “In the case of any applicant for a license or permit for the use of spectrum in the band of frequencies between 2496 megahertz and 2690 megahertz, inclusive, that the Federal Communications Commission selected through a system of competitive bidding conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) on or before
Pub. L. 111–4, § 4,
Pub. L. 110–459, “This Act may be cited as the ‘Short-term Analog Flash and Emergency Readiness Act’. “As used in this Act, the term ‘emergency information’ has the meaning such term has under part 79 of the regulations of the Federal Communications Commission (47 C.F.R. part 79).”
Pub. L. 109–171, title III, [Amended this section.] [Amended this section.] [Amended this section.]
Pub. L. 107–195, § 2,
Pub. L. 107–195, § 4,
Pub. L. 107–195, § 5,
Pub. L. 105–33, title III, § 3007,
Pub. L. 105–33, title III, § 3008,
Pub. L. 103–66, title VI, § 6002(d)(1), (2),
Pub. L. 103–66, title VI, § 6002(e),
Pub. L. 97–35, title XII, § 1242(b),