47 USC 903 - Spectrum management activities

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

§ 903.

Spectrum management activities

(a)

Revision of regulations

(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

(d)

Radio services

(1)

Assignments for radio services

(2)

Authority to withhold assignments

(3)

Spectrum plan

(4)

Report to Congress

(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

(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.)

cite as: 47 USC 903