47 USC 1508 - National plan for unlicensed spectrum

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

§ 1508.

National plan for unlicensed spectrum

(a)

Definitions

In this section:

(1)

Spectrum Relocation Fund

(2)

Unlicensed or licensed by rule operations

The term “unlicensed or licensed by rule operations” means the use of spectrum on a non-exclusive basis under—

(A)

part 15 of title 47, Code of Federal Regulations; or

(B)

licensing by rule under part 96 of title 47, Code of Federal Regulations.

(b)

National plan

(c)

Requirements

The plan developed under this section shall—

(1)

identify an approach that ensures that consumers have access to additional spectrum to conduct unlicensed or licensed by rule operations in a range of radio frequencies to meet consumer demand;

(2)

recommend specific actions by the Commission and the NTIA to permit unlicensed or licensed by rule operations in additional radio frequency ranges that the Commission finds—

(A)

are consistent with the statement of policy under section 1507(a) of this title;

(B)

will—

(i)

expand opportunities for unlicensed or licensed by rule operations in a spectrum band; or

(ii)

otherwise improve spectrum utilization and intensity of use of bands where unlicensed or licensed by rule operations are already permitted;

(C)

will not cause harmful interference to Federal or non-Federal users of such bands; and

(D)

will not significantly impact homeland security or national security communications systems; and

(3)

examine additional ways, with respect to existing and planned databases or spectrum access systems designed to promote spectrum sharing and access to spectrum for unlicensed or licensed by rule operations—

(A)

to improve accuracy and efficacy;

(B)

to reduce burdens on consumers, manufacturers, and service providers; and

(C)

to protect sensitive Government information.

(d)

Spectrum Relocation Fund

To be included as an appendix as part of the plan developed under this section, the NTIA, in consultation with the Director of the Office of Management and Budget, shall share with the Commission recommendations about how to reform the Spectrum Relocation Fund—

(1)

to address costs incurred by Federal entities related to sharing radio frequency bands with radio technologies conducting unlicensed or licensed by rule operations; and

(2)

to ensure the Spectrum Relocation Fund has sufficient funds to cover—

(A)

the costs described in paragraph (1); and

(B)

other expenditures allowed of the Spectrum Relocation Fund under section 928 of this title.

(e)

Report required

(1)

In general

(2)

Publication on commission website

(f)

Rule of construction

(Pub. L. 115–141, div. P, title VI, § 618, Mar. 23, 2018, 132 Stat. 1112.)

cite as: 47 USC 1508