47 U.S.C. § 903 : US Code - Section 903: Spectrum management activities

Search 47 U.S.C. § 903 : US Code - Section 903: Spectrum management activities

(a) Revision of regulations
Within 180 days after October 27, 1992, the Secretary of Commerce
and the NTIA shall amend the Department of Commerce spectrum
management document entitled "Manual of Regulations and Procedures
for Federal Radio Frequency Management" to improve Federal spectrum
management activities and shall publish in the Federal Register any
changes in the regulations in such document.
(b) Requirements for revisions
The amendments required by subsection (a) of this section 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
Not later than 180 days after October 27, 1992, the Secretary of
Commerce shall certify to Congress that the Secretary has complied
with this section.
(d) Radio services
(1) Assignments for radio services
In assigning frequencies for mobile radio services and other
radio services, the Secretary of Commerce shall promote efficient
and cost-effective use of the spectrum to the maximum extent
feasible.
(2) Authority to withhold assignments
The Secretary of Commerce shall have the authority to withhold
or refuse to assign frequencies for mobile radio service or other
radio service in order to further the goal of making efficient
and cost-effective use of the spectrum.
(3) Spectrum plan
By October 1, 1993, the Secretary of Commerce shall adopt and
commence implementation of a plan for Federal agencies with
existing mobile radio systems to use more spectrum-efficient
technologies that are at least as spectrum-efficient and cost-
effective as readily available commercial mobile radio systems.
The plan shall include a time schedule for implementation.
(4) Report to Congress
By October 1, 1993, the Secretary of Commerce shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives a report summarizing the plan adopted under
paragraph (3), including the implementation schedule for the
plan.
(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) of this section 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
The NTIA shall maintain on file the proofs submitted under
paragraph (1), or facsimiles thereof.
(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.