US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 47USC337]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
          SUBCHAPTER III--SPECIAL PROVISIONS RELATING TO RADIO
 
                       Part I--General Provisions
 
Sec. 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.

(June 19, 1934, ch. 652, title III, Sec. 337, as added Pub. L. 105-33, 
title III, Sec. 3004, Aug. 5, 1997, 111 Stat. 266; amended Pub. L. 106-
79, title VIII, Sec. 8124(a), Oct. 25, 1999, 113 Stat. 1262; Pub. L. 
106-113, div. B, Sec. 1000(a)(5) [title II, Sec. 213(a)(1), (d)], Nov. 
29, 1999, 113 Stat. 1536, 1501A-295, 1501A-297.)


                               Amendments

    1999--Subsec. (b). Pub. L. 106-113, Sec. 1000(a)(5) [title II, 
Sec. 213(a)(1)], substituted ``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.'' for ``The 
Commission shall--
        ``(1) commence assignment of the licenses for public safety 
    services created pursuant to subsection (a) of this section no later 
    than September 30, 1998; and''.
    Subsec. (b)(2). Pub. L. 106-79, which struck out par. (2) reading 
``commence competitive bidding for the commercial licenses created 
pursuant to subsection (a) of this section after January 1, 2001.'', was 
repealed by Pub. L. 106-113, Sec. 1000(a)(5) [title II, Sec. 213(d)].


                         Interference Protection

    Pub. L. 107-195, Sec. 6, June 19, 2002, 116 Stat. 717, provided 
that:
    ``(a) Interference Waivers.--In granting a request by a television 
broadcast station licensee assigned to any of channels 52-69 to utilize 
any channel of channels 2-51 that is assigned for digital broadcasting 
in order to continue analog broadcasting during the transition to 
digital broadcasting, the Federal Communications Commission may not, 
either at the time of the grant or thereafter, waive or otherwise 
reduce--
        ``(1) the spacing requirements provided for analog broadcasting 
    licensees within channels 2-51 as required by section 73.610 of the 
    Commission's rules (and the table contained therein) (47 CFR 
    73.610), or
        ``(2) the interference standards provided for digital 
    broadcasting licensees within channels 2-51 as required by sections 
    73.622 and 73.623 of such rules (47 CFR 73.622, 73.623),
if such waiver or reduction will result in any degradation in or loss of 
service, or an increased level of interference, to any television 
household except as the Commission's rules would otherwise expressly 
permit, exclusive of any waivers previously granted.
    ``(b) Exception for Public Safety Channel Clearing.--The 
restrictions in subsection (a) shall not apply to a station licensee 
that is seeking authority (either by waiver or otherwise) to vacate the 
frequencies that constitute television channel 63, 64, 68, or 69 in 
order to make such frequencies available for public safety purposes 
pursuant to the provisions of section 337 of the Communications Act of 
1934 (47 U.S.C. 337).''


    Competitive Bidding Process for Commercial Licenses for Assigned 
                               Frequencies

    Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title II, Sec. 213], Nov. 
29, 1999, 113 Stat. 1536, 1501A-295, as amended by Pub. L. 107-195, 
Sec. 3(b)(3), June 19, 2002, 116 Stat. 717, provided that:
    ``(a) Revised Schedule for Competitive Bidding of Spectrum.--(1) 
[Amended subsec. (b) of this section.]
    ``[(2), (3) Repealed. Pub. L. 107-195, Sec. 3(b)(3), June 19, 2002, 
116 Stat. 717.]
    ``(4)(A) To expedite the assignment by competitive bidding of the 
frequencies identified in section 337(a)(2) of the Communications Act of 
1934 (47 U.S.C. 337(a)(2)), the rules governing such frequencies shall 
be effective immediately upon publication in the Federal Register 
without regard to sections 553(d), 801(a)(3), 804(2), and 806(a) of 
title 5, United States Code.
    ``(B) Chapter 6 of title 5, United States Code, section 3 of the 
Small Business Act (15 U.S.C. 632), and sections 3507 and 3512 of title 
44, United States Code, shall not apply to the rules and competitive 
bidding procedures governing the frequencies described in subparagraph 
(A).
    ``(5) Notwithstanding section 309(b) of the Communications Act of 
1934 (47 U.S.C. 309(b)), no application for an instrument of 
authorization for the frequencies described in paragraph (4) may be 
granted by the Federal Communications Commission earlier than 7 days 
following issuance of public notice by the Commission of the acceptance 
for filing of such application or of any substantial amendment thereto.
    ``(6) Notwithstanding section 309(d)(1) of the Communications Act of 
1934 (47 U.S.C. 309(d)(1)), the Federal Communications Commission may 
specify a period (which shall be not less than 5 days following issuance 
of the public notice described in paragraph (5)) for the filing of 
petitions to deny any application for an instrument of authorization for 
the frequencies described in paragraph (4).
    ``(b) Reports.--(1) Not later than 30 days after the date of the 
enactment of this Act [Nov. 29, 1999], the Director of the Office of 
Management and Budget and the Federal Communications Commission shall 
each submit to the appropriate congressional committees a report which 
shall--
        ``(A) set forth the anticipated schedule (including specific 
    dates) for--
            ``(i) preparing and conducting the competitive bidding 
        process required by subsection (a); and
            ``(ii) depositing the receipts of the competitive bidding 
        process;
        ``(B) set forth each significant milestone in the rulemaking 
    process with respect to the competitive bidding process; and
        ``(C) include an explanation of the effect of each requirement 
    in subsection (a) on the schedule for the competitive bidding 
    process and any post-bidding activities (including the deposit of 
    receipts) when compared with the schedule for the competitive 
    bidding and any post-bidding activities (including the deposit of 
    receipts) that would otherwise have occurred under section 337(b)(2) 
    of the Communications Act of 1934 (47 U.S.C. 337(b)(2)) if not for 
    the enactment of subsection (a).
    ``(2) Not later than 60 days after the date of the enactment of this 
Act [Nov. 29, 1999], the Federal Communications Commission shall submit 
to the appropriate congressional committees a report which shall set 
forth for each spectrum auction held by the Commission since January 1, 
1998, information on--
        ``(A) the time required for each stage of preparation for the 
    auction;
        ``(B) the date of the commencement and of the completion of the 
    auction;
        ``(C) the time which elapsed between the date of the completion 
    of the auction and the date of the first deposit of receipts from 
    the auction in the Treasury; and
        ``(D) the amounts, summarized by month, of all subsequent 
    deposits in a Treasury receipt account from the auction.
    ``(3) Not later than October 31, 2000, the Federal Communications 
Commission shall submit to the appropriate congressional committees a 
report which shall--
        ``(A) describe the course of the competitive bidding process 
    required by subsection (a) through September 30, 2000, including the 
    amount of any receipts from the competitive bidding process 
    deposited in the Treasury as of September 30, 2000; and
        ``(B) if the course of the competitive bidding process has 
    included any deviations from the schedule set forth under paragraph 
    (1)(A), an explanation for such deviations from the schedule.
    ``(4) Each report required by this subsection shall be prepared by 
the agency concerned without influence of any other Federal department 
or agency.
    ``(5) In this subsection, the term ``appropriate congressional 
committees'' means the following:
        ``(A) The Committees on Appropriations, the Budget, and 
    Commerce, Science, and Transportation of the Senate.
        ``(B) The Committees on Appropriations, the Budget, and Commerce 
    of the House of Representatives.
    ``(c) Construction.--Nothing in this section shall be construed to 
supersede the requirements placed on the Federal Communications 
Commission by section 337(d)(4) of the Communications Act of 1934 (47 
U.S.C. 337(d)(4)).
    ``(d) Repeal of Superseded Provisions.--Section 8124 of the 
Department of Defense Appropriations Act, 2000 [Pub. L. 106-79, amending 
this section and enacting provisions formerly set out under this 
section] is repealed.''
    Pub. L. 106-79, title VIII, Sec. 8124, Oct. 25, 1999, 113 Stat. 
1262, related to the establishment of a competitive bidding process for 
commercial licenses and required reports to Congressional committees, 
prior to repeal by Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title II, 
Sec. 213(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A-297.

                  Section Referred to in Other Sections

    This section is referred to in section 336 of this title.