47 U.S.C. § 337 : US Code - Section 337: Allocation and assignment of new public safety services licenses and commercial licenses

Search 47 U.S.C. § 337 : US Code - Section 337: Allocation and assignment of new public safety services licenses and commercial licenses

(a) In general
Not later than January 1, 1998, the Commission shall allocate the
electromagnetic spectrum between 746 megahertz and 806 megahertz,
inclusive, as follows:
(1) 24 megahertz of that spectrum for public safety services
according to the terms and conditions established by the
Commission, in consultation with the Secretary of Commerce and
the Attorney General; and
(2) 36 megahertz of that spectrum for commercial use to be
assigned by competitive bidding pursuant to section 309(j) of
this title.
(b) Assignment
The Commission shall commence assignment of licenses for public
safety services created pursuant to subsection (a) of this section
no later than September 30, 1998.
(c) Licensing of unused frequencies for public safety services
(1) Use of unused channels for public safety services
Upon application by an entity seeking to provide public safety
services, the Commission shall waive any requirement of this
chapter or its regulations implementing this chapter (other than
its regulations regarding harmful interference) to the extent
necessary to permit the use of unassigned frequencies for the
provision of public safety services by such entity. An
application shall be granted under this subsection if the
Commission finds that -
(A) no other spectrum allocated to public safety services is
immediately available to satisfy the requested public safety
service use;
(B) the requested use is technically feasible without causing
harmful interference to other spectrum users entitled to
protection from such interference under the Commission's
regulations;
(C) the use of the unassigned frequency for the provision of
public safety services is consistent with other allocations for
the provision of such services in the geographic area for which
the application is made;
(D) the unassigned frequency was allocated for its present
use not less than 2 years prior to the date on which the
application is granted; and
(E) granting such application is consistent with the public
interest.
(2) Applicability
Paragraph (1) shall apply to any application to provide public
safety services that is pending or filed on or after August 5,
1997.
(d) Conditions on licenses
In establishing service rules with respect to licenses granted
pursuant to this section, the Commission -
(1) shall establish interference limits at the boundaries of
the spectrum block and service area;
(2) shall establish any additional technical restrictions
necessary to protect full-service analog television service and
digital television service during a transition to digital
television service;
(3) may permit public safety services licensees and commercial
licensees -
(A) to aggregate multiple licenses to create larger spectrum
blocks and service areas; and
(B) to disaggregate or partition licenses to create smaller
spectrum blocks or service areas; and
(4) shall establish rules insuring that public safety services
licensees using spectrum reallocated pursuant to subsection
(a)(1) of this section shall not be subject to harmful
interference from television broadcast licensees.
(e) Removal and relocation of incumbent broadcast licensees
(1) Channels 60 to 69
Any person who holds a television broadcast license to operate
between 746 and 806 megahertz may not operate at that frequency
after the date on which the digital television service transition
period terminates, as determined by the Commission.
(2) Incumbent qualifying low-power stations
After making any allocation or assignment under this section,
the Commission shall seek to assure, consistent with the
Commission's plan for allotments for digital television service,
that each qualifying low-power television station is assigned a
frequency below 746 megahertz to permit the continued operation
of such station.
(f) Definitions
For purposes of this section:
(1) Public safety services
The term "public safety services" means services -
(A) the sole or principal purpose of which is to protect the
safety of life, health, or property;
(B) that are provided -
(i) by State or local government entities; or
(ii) by nongovernmental organizations that are authorized
by a governmental entity whose primary mission is the
provision of such services; and
(C) that are not made commercially available to the public by
the provider.
(2) Qualifying low-power television stations
A station is a qualifying low-power television station if,
during the 90 days preceding August 5, 1997 -
(A) such station broadcast a minimum of 18 hours per day;
(B) such station broadcast an average of at least 3 hours per
week of programming that was produced within the market area
served by such station; and
(C) such station was in compliance with the requirements
applicable to low-power television stations.