47 USC 1512 - Relationship to Middle Class Tax Relief and Job Creation Act of 2012

Collapse to view only § 1512. Relationship to Middle Class Tax Relief and Job Creation Act of 2012

§ 1501. Definitions
§ 1502. Identifying 255 megahertz
§ 1503. Millimeter wave spectrum
§ 1504. Broadband infrastructure deployment
§ 1505. Unlicensed services in guard bands
§ 1506. Rulemaking related to partitioning or disaggregating licenses
§ 1507. Unlicensed spectrum policy
§ 1508. National plan for unlicensed spectrum
§ 1509. Spectrum Challenge Prize
§ 1510. Wireless telecommunications tax and fee collection fairness
§ 1511. Rules of construction
§ 1512. Relationship to Middle Class Tax Relief and Job Creation Act of 2012
§ 1513. No additional funds authorized

§ 1501. Definitions

In this chapter:

(1) Appropriate committees of Congress

The term “appropriate committees of Congress” means—

(A) the Committee on Commerce, Science, and Transportation of the Senate;

(B) the Committee on Energy and Commerce of the House of Representatives; and

(C) each committee of the Senate or of the House of Representatives with jurisdiction over a Federal entity affected by the applicable section in which the term appears.

(2) Commission

(3) Federal entity

(4) NTIA

(5) OMB

(6) Secretary

(Pub. L. 115–141, div. P, title VI, § 602, Mar. 23, 2018, 132 Stat. 1097.)

§ 1502. Identifying 255 megahertz

(a) Requirements

(1) In general

(2) Unlicensed and licensed use

Of the spectrum identified under paragraph (1), not less than—

(A) 100 megahertz below the frequency of 8000 megahertz shall be identified for use on an unlicensed basis;

(B) 100 megahertz below the frequency of 6000 megahertz shall be identified for use on an exclusive, licensed basis for commercial mobile use, pursuant to the Commission’s authority to implement such licensing in a flexible manner, and subject to potential continued use of such spectrum by incumbent Federal entities in designated geographic areas indefinitely or for such length of time stipulated in transition plans approved by the Technical Panel under section 923(h) of this title for those incumbent entities to be relocated to alternate spectrum; and

(C) 55 megahertz below the frequency of 8000 megahertz shall be identified for use on either a licensed or unlicensed basis, or a combination of licensed and unlicensed.

(3) Non-eligible spectrum

For purposes of satisfying the requirement under paragraph (1), the following spectrum shall not be counted:

(A) The frequencies between 1695 and 1710 megahertz.

(B) The frequencies between 1755 and 1780 megahertz.

(D) The frequencies between 3550 and 3700 megahertz.

(E) Spectrum that the Commission determines had more than de minimis mobile or fixed wireless broadband operations within the band on the day before March 23, 2018.

(4) Treatment of certain other spectrum

(5) Spectrum made available on and after February 11, 2016

(6) Relocation prioritized over sharing

(7) Considerations

In identifying spectrum for use under this section, the Secretary, working through the NTIA, and Commission shall consider—

(A) the need to preserve critical existing and planned Federal Government capabilities;

(B) the impact on existing State, local, and tribal government capabilities;

(D) the need for appropriate enforcement mechanisms and authorities; and

(E) the importance of the deployment of wireless broadband services in rural areas of the United States.

(b) Rules of construction

Nothing in this section shall be construed—

(1) to impair or otherwise affect the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals;

(2) to require the disclosure of classified information, law enforcement sensitive information, or other information that must be protected in the interest of national security; or

(3) to affect any requirement under section 156 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 note), as added by section 1062(a) of the National Defense Authorization Act for Fiscal Year 2000, or any other relevant statutory requirement applicable to the reallocation of Federal spectrum.

(Pub. L. 115–141, div. P, title VI, § 603, Mar. 23, 2018, 132 Stat. 1098.)

§ 1503. Millimeter wave spectrum

(a) FCC proceeding

(b) ConsiderationsIn conducting a rulemaking under subsection (a), the Commission shall—

(1) consider how the band described in subsection (a) may be used to provide commercial wireless broadband service, including whether—

(A) such spectrum may be best used for licensed or unlicensed services, or some combination thereof; and

(B) to permit additional licensed operations in such band on a shared basis; and

(2) include technical characteristics under which the band described in subsection (a) may be employed for mobile or fixed terrestrial wireless operations, including any appropriate coexistence requirements.

(Pub. L. 115–141, div. P, title VI, § 604, Mar. 23, 2018, 132 Stat. 1099.)

§ 1504. Broadband infrastructure deployment

(a) Definitions

In this section:

(1) Appropriate State agency

(2) Broadband infrastructure

(3) Broadband infrastructure entity

The term “broadband infrastructure entity” means any entity that—

(A) installs, owns, or operates broadband infrastructure; and

(B) provides broadband services in a manner consistent with the public interest, convenience, and necessity, as determined by the State.

(4) State

The term “State” means—

(A) a State;

(B) the District of Columbia; and

(b) Broadband infrastructure deployment

To facilitate the installation of broadband infrastructure, the Secretary of Transportation shall promulgate regulations to ensure that each State that receives funds under chapter 1 of title 23 meets the following requirements:

(1) Broadband consultation

The State department of transportation, in consultation with appropriate State agencies, shall—

(A) identify a broadband utility coordinator, that may have additional responsibilities, whether in the State department of transportation or in another State agency, that is responsible for facilitating the broadband infrastructure right-of-way efforts within the State;

(B) establish a process for the registration of broadband infrastructure entities that seek to be included in those broadband infrastructure right-of-way facilitation efforts within the State;

(C) establish a process to electronically notify broadband infrastructure entities identified under subparagraph (B) of the State transportation improvement program on an annual basis and provide additional notifications as necessary to achieve the goals of this section; and

(D) coordinate initiatives carried out under this section with other statewide telecommunication and broadband plans and State and local transportation and land use plans, including strategies to minimize repeated excavations that involve the installation of broadband infrastructure in a right-of-way.

(2) Priority

(Pub. L. 115–141, div. P, title VI, § 607, Mar. 23, 2018, 132 Stat. 1104.)

§ 1505. Unlicensed services in guard bands

(a) In general

(b) Limitation

(Pub. L. 115–141, div. P, title VI, § 611, Mar. 23, 2018, 132 Stat. 1109.)

§ 1506. Rulemaking related to partitioning or disaggregating licenses

(a) DefinitionsIn this section:

(1) Covered small carrierThe term “covered small carrier” means a carrier (as defined in section 153 of this title) that—

(A) has not more than 1,500 employees (as determined under section 121.106 of title 13, Code of Federal Regulations, or any successor thereto); and

(B) offers services using the facilities of the carrier.

(2) Rural areaThe term “rural area” means any area other than—

(A) a city, town, or incorporated area that has a population of more than 20,000 inhabitants; or

(B) an urbanized area contiguous and adjacent to a city or town that has a population of more than 50,000 inhabitants.

(b) Rulemaking

(1) In generalNot later than 1 year after March 23, 2018, the Commission shall initiate a rulemaking proceeding to assess whether to establish a program, or modify existing programs, under which a licensee that receives a license for the exclusive use of spectrum in a specific geographic area under section 301 of this title may partition or disaggregate the license by sale or long-term lease—

(A) in order to—

(i) provide services consistent with the license; and

(ii) make unused spectrum available to—(I) an unaffiliated covered small carrier; or(II) an unaffiliated carrier to serve a rural area; and

(B) if the Commission finds that such a program would promote—

(i) the availability of advanced telecommunications services in rural areas; or

(ii) spectrum availability for covered small carriers.

(2) ConsiderationsIn conducting the rulemaking proceeding under paragraph (1), the Commission shall consider, with respect to the program proposed to be established under that paragraph—

(A) whether reduced performance requirements with respect to spectrum obtained through the program would facilitate deployment of advanced telecommunications services in the areas covered by the program;

(B) what conditions may be needed on transfers of spectrum under the program to allow covered small carriers that obtain spectrum under the program to build out the spectrum in a reasonable period of time;

(i) extending the term of a license granted under section 301 of this title; or

(ii) modifying performance requirements of the license relating to the leased or sold spectrum; and

(D) the administrative feasibility of—

(i) the incentives described in subparagraph (C); and

(ii) other incentives considered by the Commission that further the goals of this section.

(3) Forfeiture of spectrum

(4) Requirement

(Pub. L. 115–141, div. P, title VI, § 616, Mar. 23, 2018, 132 Stat. 1110.)

§ 1507. Unlicensed spectrum policy

(a) Statement of policy

It is the policy of the United States—

(1) to maximize the benefit to the people of the United States of the spectrum resources of the United States;

(2) to advance innovation and investment in wireless broadband services; and

(3) to promote spectrum policy that makes available on an unlicensed basis radio frequency bands to address consumer demand for unlicensed wireless broadband operations.

(b) Commission responsibilities

The Commission shall ensure that the efforts of the Commission related to spectrum allocation and assignment made available on an unlicensed basis radio frequency bands to address demand for unlicensed wireless broadband operations if doing so is, after taking into account the future needs of homeland security, national security, and other spectrum users—

(1) reasonable; and

(2) in the public interest.

(Pub. L. 115–141, div. P, title VI, § 617, Mar. 23, 2018, 132 Stat. 1112.)

§ 1508. National plan for unlicensed spectrum

(a) DefinitionsIn this section:

(1) Spectrum Relocation Fund

(2) Unlicensed or licensed by rule operationsThe term “unlicensed or licensed by rule operations” means the use of spectrum on a non-exclusive basis under—

(A) part 15 of title 47, Code of Federal Regulations; or

(B) licensing by rule under part 96 of title 47, Code of Federal Regulations.

(b) National plan

(1) identify an approach that ensures that consumers have access to additional spectrum to conduct unlicensed or licensed by rule operations in a range of radio frequencies to meet consumer demand;

(2) recommend specific actions by the Commission and the NTIA to permit unlicensed or licensed by rule operations in additional radio frequency ranges that the Commission finds—

(A) are consistent with the statement of policy under section 1507(a) of this title;

(B) will—

(i) expand opportunities for unlicensed or licensed by rule operations in a spectrum band; or

(ii) otherwise improve spectrum utilization and intensity of use of bands where unlicensed or licensed by rule operations are already permitted;

(D) will not significantly impact homeland security or national security communications systems; and

(3) examine additional ways, with respect to existing and planned databases or spectrum access systems designed to promote spectrum sharing and access to spectrum for unlicensed or licensed by rule operations—

(A) to improve accuracy and efficacy;

(B) to reduce burdens on consumers, manufacturers, and service providers; and

(d) Spectrum Relocation FundTo be included as an appendix as part of the plan developed under this section, the NTIA, in consultation with the Director of the Office of Management and Budget, shall share with the Commission recommendations about how to reform the Spectrum Relocation Fund—

(1) to address costs incurred by Federal entities related to sharing radio frequency bands with radio technologies conducting unlicensed or licensed by rule operations; and

(2) to ensure the Spectrum Relocation Fund has sufficient funds to cover—

(A) the costs described in paragraph (1); and

(B) other expenditures allowed of the Spectrum Relocation Fund under section 928 of this title.

(e) Report required

(1) In general

(2) Publication on commission website

(f) Rule of construction

(Pub. L. 115–141, div. P, title VI, § 618, Mar. 23, 2018, 132 Stat. 1112.)

§ 1509. Spectrum Challenge Prize

(a) Short title

(b) Definition of prize competition

(1) In general

The Secretary, in consultation with the Assistant Secretary of Commerce for Communications and Information and the Under Secretary of Commerce for Standards and Technology, shall, subject to the availability of funds for prize competitions under this section—

(A) conduct prize competitions to dramatically accelerate the development and commercialization of technology that improves spectrum efficiency and is capable of cost-effective deployment; and

(B) define a measurable set of performance goals for participants in the prize competitions to demonstrate their solutions on a level playing field while making a significant advancement over the current state of the art.

(2) Authority of Secretary

In carrying out paragraph (1), the Secretary may—

(A) enter into a grant, contract, cooperative agreement, or other agreement with a private sector for-profit or nonprofit entity to administer the prize competitions;

(B) invite the Defense Advanced Research Projects Agency, the Commission, the National Aeronautics and Space Administration, the National Science Foundation, or any other Federal agency to provide advice and assistance in the design or administration of the prize competitions; and

(d) Criteria

(e) Authorization of appropriations

(Pub. L. 115–141, div. P, title VI, § 619, Mar. 23, 2018, 132 Stat. 1113.)

§ 1510. Wireless telecommunications tax and fee collection fairness

(a) Short title

(b) Definitions

In this section:

(1) Financial transaction

(2) Local jurisdiction

(3) State

(4) State or local jurisdiction

(5) Wireless telecommunications service

(1) In general

(2) Rule of construction

(d) Enforcement

(1) Private right of action

(2) Jurisdiction of district courts

(Pub. L. 115–141, div. P, title VI, § 620, Mar. 23, 2018, 132 Stat. 1114.)

§ 1511. Rules of construction

(a) Ranges of frequencies

(b) Assessment of electromagnetic spectrum reallocation

(Pub. L. 115–141, div. P, title VI, § 621, Mar. 23, 2018, 132 Stat. 1115.)

§ 1512. Relationship to Middle Class Tax Relief and Job Creation Act of 2012

Nothing in this chapter shall be construed to limit, restrict, or circumvent in any way the implementation of the nationwide public safety broadband network defined in section 6001 of title VI of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401) or any rules implementing that network under title VI of that Act (47 U.S.C. 1401 et seq.).

(Pub. L. 115–141, div. P, title VI, § 622, Mar. 23, 2018, 132 Stat. 1115.)

§ 1513. No additional funds authorized

No additional funds are authorized to be appropriated to carry out this chapter, or the amendments made by this title.1

1 See References in Text note below.

This chapter, and the amendments made by this title,1 shall be carried out using amounts otherwise authorized.

(Pub. L. 115–141, div. P, title VI, § 623, Mar. 23, 2018, 132 Stat. 1115.)