Notes on 47 U.S.C. § 332 : US Code - Notes
Search Notes on 47 U.S.C. § 332 : US Code - Notes
(June 19, 1934, ch. 652, title III, Sec. 332, formerly Sec. 331, as
added Pub. L. 97-259, title I, Sec. 120(a), Sept. 13, 1982, 96
Stat. 1096; renumbered Sec. 332, Pub. L. 102-385, Sec. 25(b), Oct.
5, 1992, 106 Stat. 1502; amended Pub. L. 103-66, title VI, Sec.
6002(b)(2)(A), Aug. 10, 1993, 107 Stat. 392; Pub. L. 104-104, Sec.
3(d)(2), title VII, Secs. 704(a), 705, Feb. 8, 1996, 110 Stat. 61,
151, 153.)
REFERENCES IN TEXT
Provisions of part III of title 5, referred to in subsec. (b)(2),
are classified to section 2101 et seq. of Title 5, Government
Organization and Employees.
The Federal Advisory Committee Act, referred to in subsec.
(b)(4), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
which is set out in the Appendix to Title 5.
The Communications Satellite Act of 1962, referred to in subsec.
(c)(4), is Pub. L. 87-624, Aug. 31, 1962, 76 Stat. 419, as amended.
Titles III and IV of the Act are classified generally to
subchapters III (Sec. 731 et seq.) and IV (Sec. 741 et seq.),
respectively, of chapter 6 of this title. For complete
classification of this Act to the Code, see Short Title note set
out under section 701 of this title and Tables.
The Omnibus Budget Reconciliation Act of 1993, referred to in
subsec. (c)(6), is Pub. L. 103-66, Aug. 10, 1993, 107 Stat. 312, as
amended. For complete classification of this Act to the Code, see
Tables.
CODIFICATION
In subsec. (b)(2), "section 1342 of title 31" substituted for
"section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))" on
authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat.
1067, the first section of which enacted Title 31, Money and
Finance.
AMENDMENTS
1996 - Subsec. (c)(7). Pub. L. 104-104, Sec. 704(a), added par.
(7).
Subsec. (c)(8). Pub. L. 104-104, Sec. 705, added par. (8).
Subsec. (d)(1), (3). Pub. L. 104-104, Sec. 3(d)(2), substituted
"section 153" for "section 153(n)".
1993 - Pub. L. 103-66 struck out "Private land" before "mobile
services" in section catchline, struck out "land" before "mobile
services" wherever appearing in subsecs. (a) and (b), added
subsecs. (c) and (d), and struck out former subsec. (c) which
related to service provided by specialized mobile radio, multiple
licensed radio dispatch systems, and other radio dispatch systems;
common carriers; and rate or entry regulations.
EFFECTIVE DATE OF 1993 AMENDMENT
Section 6002(c) of Pub. L. 103-66 provided that:
"(1) In general. - Except as provided in paragraph (2), the
amendments made by this section [amending this section and sections
152, 153, and 309 of this title] are effective on the date of
enactment of this Act [Aug. 10, 1993].
"(2) Effective dates of mobile service amendments. - The
amendments made by subsection (b)(2) [amending this section and
sections 152 and 153 of this title] shall be effective on the date
of enactment of this Act [Aug. 10, 1993], except that -
"(A) section 332(c)(3)(A) of the Communications Act of 1934
[subsec. (c)(3)(A) of this section], as amended by such
subsection, shall take effect 1 year after such date of
enactment; and
"(B) any private land mobile service provided by any person
before such date of enactment, and any paging service utilizing
frequencies allocated as of January 1, 1993, for private land
mobile services, shall, except for purposes of section 332(c)(6)
of such Act [subsec. (c)(6) of this section], be treated as a
private mobile service until 3 years after such date of
enactment."
AVAILABILITY OF PROPERTY
Section 704(c) of Pub. L. 104-104 provided that: "Within 180 days
of the enactment of this Act [Feb. 8, 1996], the President or his
designee shall prescribe procedures by which Federal departments
and agencies may make available on a fair, reasonable, and
nondiscriminatory basis, property, rights-of-way, and easements
under their control for the placement of new telecommunications
services that are dependent, in whole or in part, upon the
utilization of Federal spectrum rights for the transmission or
reception of such services. These procedures may establish a
presumption that requests for the use of property, rights-of-way,
and easements by duly authorized providers should be granted absent
unavoidable direct conflict with the department or agency's
mission, or the current or planned use of the property, rights-of-
way, and easements in question. Reasonable fees may be charged to
providers of such telecommunications services for use of property,
rights-of-way, and easements. The Commission shall provide
technical support to States to encourage them to make property,
rights-of-way, and easements under their jurisdiction available for
such purposes."
TRANSITIONAL RULEMAKING FOR MOBILE SERVICE PROVIDERS
Section 6002(d)(3) of Pub. L. 103-66 provided that: "Within 1
year after the date of enactment of this Act [Aug. 10, 1993], the
Federal Communications Commission -
"(A) shall issue such modifications or terminations of the
regulations applicable (before the date of enactment of this Act)
to private land mobile services as are necessary to implement the
amendments made by subsection (b)(2) [amending this section and
sections 152 and 153 of this title];
"(B) in the regulations that will, after such date of
enactment, apply to a service that was a private land mobile
service and that becomes a commercial mobile service (as a
consequence of such amendments), shall make such other
modifications or terminations as may be necessary and practical
to assure that licensees in such service are subjected to
technical requirements that are comparable to the technical
requirements that apply to licensees that are providers of
substantially similar common carrier services;
"(C) shall issue such other regulations as are necessary to
implement the amendments made by subsection (b)(2); and
"(D) shall include, in such regulations, modifications, and
terminations, such provisions as are necessary to provide for an
orderly transition."