47 U.S.C. § 924 : US Code - Section 924: Withdrawal or limitation of assignment to Federal Government stations

Search 47 U.S.C. § 924 : US Code - Section 924: Withdrawal or limitation of assignment to Federal Government stations

(a) In general
The President shall -
(1) within 6 months after receipt of a report by the Secretary
under subsection (a), (d)(1), or (f) of section 923 of this
title, withdraw the assignment to a Federal Government station of
any frequency which the report recommends for immediate
reallocation;
(2) within any such 6-month period, limit the assignment to a
Federal Government station of any frequency which the report
recommends be made immediately available for mixed use under
section 923(b)(2) of this title;
(3) by the delayed effective date recommended by the Secretary
under section 923(e) of this title (except as provided in
subsection (b)(4) of this section), withdraw or limit the
assignment to a Federal Government station of any frequency which
the report recommends be reallocated or made available for mixed
use on such delayed effective date;
(4) assign or reassign other frequencies to Federal Government
stations as necessary to adjust to such withdrawal or limitation
of assignments; and
(5) transmit a notice and description to the Commission and
each House of Congress of the actions taken under this
subsection.
(b) Exceptions
(1) Authority to substitute
If the President determines that a circumstance described in
paragraph (2) exists, the President -
(A) may substitute an alternative frequency or frequencies
for the frequency that is subject to such determination and
withdraw (or limit) the assignment of that alternative
frequency in the manner required by subsection (a) of this
section; and
(B) shall submit a statement of the reasons for taking the
action described in subparagraph (A) to the Commission,
Committee on Energy and Commerce of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Grounds for substitution
For purposes of paragraph (1), the following circumstances are
described in this paragraph:
(A) the reassignment would seriously jeopardize the national
defense interests of the United States;
(B) the frequency proposed for reassignment is uniquely
suited to meeting important governmental needs;
(C) the reassignment would seriously jeopardize public health
or safety;
(D) the reassignment will result in costs to the Federal
Government that are excessive in relation to the benefits that
may be obtained from commercial or other non-Federal uses of
the reassigned frequency; or
(E) the reassignment will disrupt the existing use of a
Federal Government band of frequencies by amateur radio
licensees.
(3) Criteria for substituted frequencies
For purposes of paragraph (1), a frequency may not be
substituted for a frequency identified and recommended by the
report of the Secretary under section 923(a) of this title unless
the substituted frequency also meets each of the criteria
specified by section 923(a) of this title.
(4) Delays in implementation
If the President determines that any action cannot be completed
by the delayed effective date recommended by the Secretary
pursuant to section 923(e) of this title, or that such an action
by such date would result in a frequency being unused as a
consequence of the Commission's plan under section 925 of this
title, the President may -
(A) withdraw or limit the assignment to Federal Government
stations on a later date that is consistent with such plan,
except that the President shall notify each committee specified
in paragraph (1)(B) and the Commission of the reason that
withdrawal or limitation at a later date is required; or
(B) substitute alternative frequencies pursuant to the
provisions of this subsection.