47 U.S.C. § 925 : US Code - Section 925: Distribution of frequencies by Commission

Search 47 U.S.C. § 925 : US Code - Section 925: Distribution of frequencies by Commission

(a) Allocation and assignment of immediately available frequencies
With respect to the frequencies made available for immediate
reallocation pursuant to section 923(e)(2) of this title, the
Commission, not later than 18 months after August 10, 1993, shall
issue regulations to allocate such frequencies and shall propose
regulations to assign such frequencies.
(b) Allocation and assignment of remaining available frequencies
With respect to the frequencies made available for reallocation
pursuant to section 923(e)(3) of this title, the Commission shall,
not later than 1 year after receipt of the initial reallocation
report required by section 923(a) of this title, prepare, submit to
the President and the Congress, and implement, a plan for the
allocation and assignment under the 1934 Act [47 U.S.C. 151 et
seq.] of such frequencies. Such plan shall -
(1) not propose the immediate allocation and assignment of all
such frequencies but, taking into account the timetable
recommended by the Secretary pursuant to section 923(e) of this
title, shall propose -
(A) gradually to allocate and assign the frequencies
remaining, after making the reservation required by
subparagraph (B), over the course of 10 years beginning on the
date of submission of such plan; and
(B) to reserve a significant portion of such frequencies for
allocation and assignment beginning after the end of such 10-
year period;
(2) contain appropriate provisions to ensure -
(A) the availability of frequencies for new technologies and
services in accordance with the policies of section 7 of the
1934 Act (47 U.S.C. 157);
(B) the availability of frequencies to stimulate the
development of such technologies; and
(C) the safety of life and property in accordance with the
policies of section 1 of the 1934 Act (47 U.S.C. 151);
(3) address (A) the feasibility of reallocating portions of the
spectrum from current commercial and other non-Federal uses to
provide for more efficient use of the spectrum, and (B)
innovation and marketplace developments that may affect the
relative efficiencies of different spectrum allocations;
(4) not prevent the Commission from allocating frequencies, and
assigning licenses to use frequencies, not included in the plan;
and
(5) not preclude the Commission from making changes to the plan
in future proceedings.
(c) Allocation and assignment of frequencies identified in second
reallocation report
(1) Plan and implementation
With respect to the frequencies made available for reallocation
pursuant to section 923(b)(3) of this title, the Commission
shall, not later than one year after receipt of the second
reallocation report required by section 923(a) of this title,
prepare, submit to the President and the Congress, and implement,
a plan for the immediate allocation and assignment under the 1934
Act [47 U.S.C. Sec. 151 et seq.] of all such frequencies in
accordance with section 309(j) of such Act [47 U.S.C. 309(j)].
(2) Contents
The plan prepared by the Commission under paragraph (1) shall
consist of a schedule of allocation and assignment of those
frequencies in accordance with section 309(j) of the 1934 Act in
time for the assignment of those licenses or permits by September
30, 2002.
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