2012 US Code
Title 47 - Telecommunications
Chapter 13 - PUBLIC SAFETY COMMUNICATIONS AND ELECTROMAGNETIC SPECTRUM AUCTIONS (§§ 1401 - 1473)
Subchapter IV - SPECTRUM AUCTION AUTHORITY (§§ 1451 - 1457)
Section 1453 - Unlicensed use in the 5 GHZ band
Publication Title | United States Code, 2012 Edition, Title 47 - TELECOMMUNICATIONS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 47 - TELECOMMUNICATIONS CHAPTER 13 - PUBLIC SAFETY COMMUNICATIONS AND ELECTROMAGNETIC SPECTRUM AUCTIONS SUBCHAPTER IV - SPECTRUM AUCTION AUTHORITY Sec. 1453 - Unlicensed use in the 5 GHZ band |
Contains | section 1453 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 112-96, title VI, §6406, Feb. 22, 2012, 126 Stat. 231. |
Statutes at Large Reference | 126 Stat. 231 |
Public Law Reference | Public Law 112-96 |
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Subject to paragraph (2), not later than 1 year after February 22, 2012, the Commission shall begin a proceeding to modify part 15 of title 47, Code of Federal Regulations, to allow unlicensed U–NII devices to operate in the 5350–5470 MHz band.
(2) Required determinationsThe Commission may make the modification described in paragraph (1) only if the Commission, in consultation with the Assistant Secretary, determines that—
(A) licensed users will be protected by technical solutions, including use of existing, modified, or new spectrum-sharing technologies and solutions, such as dynamic frequency selection; and
(B) the primary mission of Federal spectrum users in the 5350–5470 MHz band will not be compromised by the introduction of unlicensed devices.
(b) Study by NTIA (1) In generalThe Assistant Secretary, in consultation with the Department of Defense and other impacted agencies, shall conduct a study evaluating known and proposed spectrum-sharing technologies and the risk to Federal users if unlicensed U–NII devices were allowed to operate in the 5350–5470 MHz band and in the 5850–5925 MHz band.
(2) SubmissionThe Assistant Secretary shall submit to the Commission and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
(A) not later than 8 months after February 22, 2012, a report on the portion of the study required by paragraph (1) with respect to the 5350–5470 MHz band; and
(B) not later than 18 months after February 22, 2012, a report on the portion of the study required by paragraph (1) with respect to the 5850–5925 MHz band.
(c) DefinitionsIn this section:
(1) 5350–5470 MHz bandThe term “5350–5470 MHz band” means the portion of the electromagnetic spectrum between the frequencies from 5350 megahertz to 5470 megahertz.
(2) 5850–5925 MHz bandThe term “5850–5925 MHz band” means the portion of the electromagnetic spectrum between the frequencies from 5850 megahertz to 5925 megahertz.
(Pub. L. 112–96, title VI, §6406, Feb. 22, 2012, 126 Stat. 231.)
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